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

Details of Tracking Number   2020-00428


CCR details

Tracking Number 2020-00428
Type of Filing Emergency
Department 500,1008,2500 Department of Human Services
Agency 2504 Child Support Services (Volume 6)
CCR Number 9 CCR 2504-1
CCR Title RULE MANUAL VOLUME 6, CHILD SUPPORT SERVICES RULES

Proposed rule

Rule
Additional Information
Statutory Authority 26-1-107(5)(b), C.R.S. (2019); 26-1-111(2)(d)(I), C.R.S. (2019); 26-13-103, C.R.S. (2019)
Applicable Federal Provisions 45 C.F.R. 304.26(a); 42 U.S.C. 657(c)(2); 42 U.S.C. 1396d(b)
Purpose/Objective of Rule On March 18, 2020 the Families First Coronavirus Response Act became law (FFCRA) (H.R. 6201). This bill increased the Federal Medical Assistance Percentage (FMAP) by 6.2%. The FMAP determines the percentage of funds that CDHS is required to pay to the federal government and that CDHS is able to pay to the counties in Colorado. Typically, counties are paid approximately 50% of the retained child support dollars they collect from parents with child support obligations. This percentage is based on the FMAP. The details of the distribution to counties of the county share of retained child support dollars are outlined in the Quarterly Monitoring Report. However, the 6.2% FMAP increase means that beginning with the January – March 2020 quarter, CDHS will need to reimburse the federal government 56.2% of retained collections and the counties percentage of retained collections will decrease to approximately 43.8%. CDHS will not experience an increase in the total amount needing to be paid to the federal government and counties. Rather, counties will be paid less than what they have been accustomed to receiving.
Basis And Purpose BasisAndPurposeAttachment2020-00428.doc
Regulatory analysis RegulatoryAnalysisAttachment2020-00428.doc
Comments CDHS typically holds 2 public hearings, an initial and final, for each proposed rule. The initial hearing allowing the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Emergency rules (ER) are adopted immediately, and are permanently adopted at a second hearing, usually the month after the initial hearing. It is anticipated that this emergency rule will be adopted on a permanent basis at the August 7, 2020 SBHS Meeting (SOS#2020-00452). Meeting information:https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-services
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Contact Name Elise Topliss
Contact Title Policy and Performance Manager
Contact Telephone 303-866-4232
Contact email elise.topliss@state.co.us

Adopted rule

Adopted Rules AdoptedRules12020-00428.doc
Redline Redline2020-00428.doc
Emergency Justification EmergencyJustificationPathAttach2020-00428.doc
Adopted Date 06/12/2020
Emergency AGO requested date 06/15/2020
Attorney General Opinion 06/30/2020
Colorado Register publication date 07/10/2020
Effective Date 06/12/2020
Inserted into CCR 07/07/2020
  
  
  
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