CO Code § 26-2-122.3 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 2 - Public Assistance|Part 1 - Colorado Public Assistance Act|§ 26-2-122.3. Home Care Allowance - Repeal

    .      Except as provided in subparagraph (II) of this paragraph (b), the state department, subject to available appropriations, may provide home care allowance for persons who meet the functional impairment and financial eligibility criteria as established by the state department by rule and: (b) (I) Except as provided in subparagraph (II) of this paragraph (b), the state department, subject to available appropriations, may provide home care allowance for persons who meet the functional impairment and financial eligibility criteria as established by the state department by rule and:   Were receiving old age pension benefits and home care allowance on the day prior to January 1, 2014, and remain continuously eligible for such benefits; or    Are receiving aid to the needy disabled, aid to the blind, or supplemental social security income benefits.       Persons eligible to receive home- and community-based services pursuant to article 6 of title 25.5, C.R.S., shall not be eligible for home care allowance under this paragraph (b).    [ ] For the purposes of this paragraph (b), “home care allowance” is a program that provides payments, subject to available appropriations, to functionally impaired persons who meet the criteria specified in subparagraph (I) of this paragraph (b) as determined in accordance with rules. The payments allow recipients who are in need of long-term care to purchase community-based services as defined in rules adopted by the state department. These services may include, but need not be limited to, the supervision of self-administered medications, assistance with activities of daily living as defined in section 25.5-6-104 (2)(a), C.R.S., and assistance with instrumental activities of daily living as defined in section 25.5-6-104 (2)(g), C.R.S. The rules adopted by the state department shall specify, in accordance with the provisions of this section, the services available under the program and shall specify eligibility criteria for the home care allowance program. In addition, the rules shall specifically provide for a determination as to the person's functional impairment and the person's unmet need for paid care and shall address amounts awarded to persons eligible for home care allowance. The state department shall specify in the rules the methods for determining the unmet need for paid care and the amount of a home care allowance that may be awarded to eligible persons. Such methods may be based on how often a person experiences unmet need for paid care or any other method that the state board determines is valid in correlating unmet need for paid care with an amount of a home care allowance award. The state department shall require that eligibility and unmet need for paid care be determined through the use of a comprehensive and uniform client assessment instrument prescribed by the state department. The state department may adjust income eligibility criteria, including any functional impairment standard, or the amounts awarded to eligible persons or may limit or suspend enrollments as necessary to manage the home care allowance program within the funds appropriated by the general assembly. In addition, the state department may adjust which services are available under the program; except that the adjustment shall be consistent with the provisions of this subsection (1).    [ ] For the purposes of this subsection (1)(b), “home care allowance” is a program that provides payments, subject to available appropriations, to functionally impaired persons who meet the criteria specified in subsection (1)(b)(I) of this section as determined in accordance with rules. The payments allow recipients who are in need of long-term services and supports to purchase community-based services as defined in rules adopted by the state department. These services may include, but need not be limited to, the supervision of self-administered medications, assistance with activities of daily living, and assistance with instrumental activities of daily living. The rules adopted by the state department shall specify, in accordance with the provisions of this section, the services available under the program and shall specify eligibility criteria for the home care allowance program. In addition, the rules shall specifically provide for a determination as to the person's functional impairment and the person's unmet need for paid care and shall address amounts awarded to persons eligible for home care allowance. The state department shall specify in the rules the methods for determining the unmet need for paid care and the amount of a home care allowance that may be awarded to eligible persons. Such methods may be based on how often a person experiences unmet need for paid care or any other method that the state board determines is valid in correlating unmet need for paid care with an amount of a home care allowance award. The state department shall require that eligibility and unmet need for paid care be determined through the use of a comprehensive and uniform client assessment instrument prescribed by the state department. The state department may adjust income eligibility criteria, including any functional impairment standard, or the amounts awarded to eligible persons or may limit or suspend enrollments as necessary to manage the home care allowance program within the funds appropriated by the general assembly. In addition, the state department may adjust which services are available under the program; except that the adjustment shall be consistent with the provisions of this subsection (1).       The state department is authorized to implement pilot programs that it deems feasible to assess the overall impact, if any, of using alternatives to the method described in paragraph (b) of this subsection (1) for determining an eligible person's unmet need for paid care and the amount of a home care allowance awarded to an eligible person.       [ ] The state department shall administer the adult foster care program and the home care allowance program. The executive director or the state board, as appropriate, shall promulgate rules necessary for the implementation of this section.    (Deleted by amendment, L. 2010, (HB 10-1146), ch. 281, p. 1304, § 4, effective January 1, 2011.)    Repealed.    [ ] The state department shall contract with the single entry point agencies for functions of the home care allowance and adult foster care programs pursuant to the terms of the contract or rule of the state department.     Editor's note: This version of subsection (1)(b)(III) is effective until July 1, 2024. Editor's note: This version of subsection (1)(b)(III) is effective July 1, 2024. Editor's note: This version of subsection (2) is effective until July 1, 2024.  (2) [ ] The state department shall administer the home care allowance program. The executive director or the state board, as appropriate, shall promulgate rules necessary for the implementation of this section.  Editor's note: This version of subsection (2) is effective July 1, 2024. Editor's note: This version of subsection (5) is effective until July 1, 2024.  (5) [ ] The state department shall contract with case management agencies for functions of the home care allowance pursuant to the terms of the contract or rule of the state department.  Editor's note: This version of subsection (5) is effective July 1, 2024.  History. Source: L. 93: Entire section added, p. 1114, § 25, effective July 1, 1994. L. 94: Entire section amended, p. 1562, § 12, effective July 1; (1)(a) amended, p. 2612, § 16, effective July 1. L. 95: (1)(b) amended and (1)(c) added, p. 904, § 4, effective May 25. L. 2001: (1)(b) amended, p. 126, § 1, effective March 23. L. 2006: Entire section amended, p. 1994, § 24, effective July 1. L. 2008: (1) amended, p. 438, § 2, effective August 5. L. 2010: (5) amended,(HB 10-1146), ch. 281, p. 1305, § 5, effective July 1; (1)(a)(I), (1)(b), and (3) amended,(HB 10-1146), ch. 281, p. 1304, § 4, effective January 1, 2011; (1)(b)(I) amended,(HB 10-1146), ch. 281, p. 1305, § 6, effective January 1, 2014. L. 2013: (1)(a)(I) amended,(HB 13-1314), ch. 323, p. 1811, § 50, effective March 1, 2014. L. 2021: (1)(b)(III), (2), and (5) amended,(HB 21-1187), ch. 83, p. 345, § 50, effective July 1, 2024; (1)(a)(III) added by revision,(HB 21-1187), ch. 83, pp. 345, 354, §§ 50, 70.    Editor's note:    Amendments made to subsection (1)(a) by House Bill 94-1029 and Senate Bill 94-133 were harmonized.    Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2007. (SeeL. 2006, p. 1994.)    Section 8 of chapter 281, Session Laws of Colorado 2010, provides that amendments to subsection (1)(b)(I) in section 6 of said chapter 281 shall take effect upon the earlier of January 1, 2014, or the date upon which the revisor of statutes receives certain notification from the executive director of the department of health care policy and financing. The revisor of statutes did not receive the notification; therefore, amendments to subsection (1)(b)(I) by section 6 of chapter 281 took effect January 1, 2014.     Cross references:   For the legislative declaration contained in the 1993 act enacting this section, see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1994 act amending subsection (1)(a), see section 1 of chapter 345, Session Laws of Colorado 1994.