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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   2020-00647


CCR details

Tracking Number 2020-00647
Type of Filing Permanent Rule
Department 500,1008,2500 Department of Human Services
Agency 2503 Income Maintenance (Volume 3)
CCR Number 9 CCR 2503-6
CCR Title COLORADO WORKS PROGRAM

Proposed rule

Notice Filed with SOS 08/31/2020
Rule ProposedRuleAttach2020-00647.doc
Statutory Authority 26-1-107, C.R.S. (2019), 26-1-109, C.R.S. (2019), 26-1-111, C.R.S. (2019), 26-2-128, C.R.S. (2019), 26-2-706, C.R.S. (2019), 26-2-709, C.R.S. (2019)
Description of Subjects/Issues The current rule outlines a penalty for not reporting a change in earned income by the 10th of the month following the change. This penalty applies to claim calculations. The program hopes to simplify the calculation of grant payments and to eliminate the additional penalty for untimely reporting a change which leads to a claim. The current Colorado Works caseload is approximately 15,000. This rule impacts all clients in the program and all county departments that have a claim generated due to untimely reporting of earned income. This rule change will simplify benefit calculation related to overpayments. From 12/2019-5/2020, 539 Colorado Works cases experienced a claim caused by exceeding the need standard for Colorado Works. Of these, only 41 cases were not granted an earned income disregard due to untimely reporting when the claim was created, and of these 41 cases, 27 of them would have been determined over income, resulting in the same claim, even if they had been granted the earned income disregard due to the presence of unearned income on the case. Had the proposed rule change been implemented already, it would have prevented 14 claims in these months. NOTE: Due to the ongoing COVID-19 situation, it is anticipated that this meeting will take place entirely online. Please check here for any updates on location/connection: https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-services
Purpose/Objective of Rule The current rule outlines a penalty for not reporting a change in earned income by the 10th of the month following the change. This penalty applies to claim calculations. The program hopes to simplify the calculation of grant payments and to eliminate the additional penalty for untimely reporting a change which leads to a claim. The current Colorado Works caseload is approximately 15,000. This rule impacts all clients in the program and all county departments that have a claim generated due to untimely reporting of earned income. This rule change will simplify benefit calculation related to overpayments. From 12/2019-5/2020, 539 Colorado Works cases experienced a claim caused by exceeding the need standard for Colorado Works. Of these, only 41 cases were not granted an earned income disregard due to untimely reporting when the claim was created, and of these 41 cases, 27 of them would have been determined over income, resulting in the same claim, even if they had been granted the earned income disregard due to the presence of unearned income on the case. Had the proposed rule change been implemented already, it would have prevented 14 claims in these months. NOTE: Due to the ongoing COVID-19 situation, it is anticipated that this meeting will take place entirely online. Please check here for any updates on location/connection: https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-services
Basis And Purpose BasisAndPurposeAttachment2020-00647.doc
Regulatory analysis RegulatoryAnalysisAttachment2020-00647.doc
Comments CDHS holds two public hearings, an initial and final, for each proposed rule packet. The initial hearing allows 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. Please visit CDHS State Board website for 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
Hearing Date 10/09/2020
Hearing Time 08:30 AM
Hearing Location Location Pending State's response to COVID-19. Likely to be held entirely online.
Contact Name Crickett Phelps
Contact Title Benefits & Services Section Manager
Contact Telephone 303.325.1201
Contact email crickett.phelps@state.co.us

Adopted rule

Adopted Rules AdoptedRules02020-00647.doc
Redline Redline2020-00647.doc
Adopted Date 11/06/2020
AGO requested date 11/09/2020
Attorney General Opinion 11/24/2020
Colorado Register publication date 12/10/2020
Effective Date 01/01/2021
Inserted into CCR 01/07/2021
  
  
  
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