The Colorado State Board of Human Services has proposed rules to implement requirements of HB 10-1146, effective January 1, 2011, regarding Home Care Allowance and Adult Foster Care. These proposed rules focus on three elements:
- Recipients of Supplemental Security Income to receive a full Home Care Allowance benefit;
- Changes existing eligibility rules for dual recipients of Home Care Allowance, Adult Foster Care, and other long-term care programs; and
- Changes in responsibilities of the county financial technicians in relation to the Home Care Allowance and Adult Foster Care programs.
The changes implemented in HB 10-1146 required changes to the Colorado Benefits Management System that could not be completed until January 2012. Therefore, there has been a delay to implement for one year from the effective date of the bill.
Currently, any Home Care Allowance applicants or recipients can be eligible to receive both Home Care Allowance benefits and Home and Community Based waiver services. Due to changes in statute, the rules will reflect that recipients will not be allowed to receive benefits from both the Home Care Allowance and Home and Community Based Services simultaneously. This will require current recipients to choose a single benefit program.
As of January 1, 2011, eligibility will be expanded to include Supplemental Security Income (SSI) recipients who receive the maximum SSI benefit. It is anticipated that many new persons will benefit from the rule changes, such as the developmentally disabled persons who are currently on waitlists for HCBS waiver services and who may be able to utilize Home Care Allowance in the interim.
A hearing on the proposed rules will be held on Friday, November 4, 2011 at the Colorado Department of Human Services, 1575 Sherman Street, Conference Room 4A/B, Denver, Colorado 80203, beginning at 10:00 am.
Full text of the proposed rules including red line edits can be found here. Further information about the rules and hearing can be found here.
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