Home

 Colorado Revised Statutes

 Search

 Browse

 Colorado Register

 eDocket

 Log in

 Contact Us

Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2019-00733


CCR details

Tracking Number 2019-00733
Type of Filing Emergency
Department 500,1008,2500 Department of Human Services
Agency 2503 Income Maintenance (Volume 3)
CCR Number 9 CCR 2503-5
CCR Title ADULT FINANCIAL PROGRAMS

Proposed rule

Rule
Additional Information
Statutory Authority 26-1-107, C.R.S. (2019); 26-1-109, C.R.S. (2019); 24-4-103, C.R.S. (2019); 26-2-114, C.R.S. (2019)
Applicable Federal Provisions 20 CFR §§ 416.2001 and 416.2005
Purpose/Objective of Rule On October 10, 2019, the Social Security Administration (SSA) announced a 1.6% Cost of Living Adjustment (COLA) for all Social Security and Supplemental Security Income recipients effective December 31, 2019. Colorado has a Maintenance of Effort requirement with the Social Security Administration that requires the State to “pass through” the COLA to recipients in order to spend at least the same amount in the current year as in the year prior. This means an increase in Adult Financial assistance. These rules propose an increase to the Supplemental Security Income (SSI) maximum payment by twelve dollars ($12) ($771 x 1.6% = $12) to $783 per month. This rule will revise the Colorado Department of Human Services rules to increase the Old Age Pension (OAP) grant standard to $821, the Aid to the Needy Disabled Colorado Supplement (AND-CS) grant standard to $783, and the Adult Foster Care (AFC) grant standard to $1415 in order to pass along the $12 COLA increase. The components of the grant standard will be adjusted accordingly.
Basis And Purpose BasisAndPurposeAttachment2019-00733.doc
Regulatory analysis RegulatoryAnalysisAttachment2019-00733.doc
Comments 20 CFR 416.2005 requires a Maintenance of Effort (MOE) between the State of Colorado and the Social Security Administration (SSA). This requires that Colorado spend at least the same amount in the current year as they did in the previous year for specific categories of assistance, which includes OAP, AND-CS, and AFC recipients who receive SSI. Failure to pass along the COLA could impact the MOE agreement with the SSA. Failure to comply with terms of the MOE could jeopardize Medicaid Federal Financial Participation (FFP) funds as the SSA could impose a sanction of no less than one full quarter FFP match (approximately $300-350 million) for every month Colorado does not meet the MOE requirement. (To be followed on permanent adoption by 2019-00727.)
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Contact Name Erin Barajas
Contact Title Adult Financial Lead
Contact Telephone 303.866.2467
Contact email erin.barajas@state.co.us

Adopted rule

Adopted Rules AdoptedRules02019-00733.doc
Redline Redline2019-00733.doc
Emergency Justification EmergencyJustificationPathAttach2019-00733.doc
Adopted Date 12/06/2019
Emergency AGO requested date 12/09/2019
Attorney General Opinion 12/20/2019
Colorado Register publication date 01/10/2020
Effective Date 01/01/2020
Inserted into CCR 12/26/2019
  
  
  
clear image