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Rule-making Standards and Procedures

Title of Proposed Rule:

Adult Financial Programs Rule Revisions

CDHS Tracking #:

18-09-25-01

Office, Division, & Program:

Office of Economic Security, Employment and Benefits Division, Adult Financial Programs

Rule Author:

Danielle Dunaway

Phone:

303-866-2788

E-Mail: [email protected]

RULEMAKING PACKET

Type of Rule: (complete a and b, below)

a.

X

Board

Executive Director

b.

X

Regular

Emergency

This package is submitted to State Board Administration as: (check all that apply)

X

AG Initial Review

X

Initial Board Reading

x

AG 2nd Review

x

Second Board Reading / Adoption

This package contains the following types of rules: (check all that apply)

Number

X

Amended Rules

X

New Rules

X

Repealed Rules

X

Reviewed Rules

What month is being requested for this rule to first go before the State Board?

December, 2019

What date is being requested for this rule to be effective?

03/01/2020

Is this date legislatively required?

No

I hereby certify that I am aware of this rule-making and that any necessary consultation with the Executive Director’s Office, Budget and Policy Unit, and Office of Information Technology has occurred.

Office Director Approval: ____________________________________ Date: ___________

REVIEW TO BE COMPLETED BY STATE BOARD ADMINISTRATION

Comments:

Estimated Dates:

1st Board

December 6, 2019

2nd Board

January 3, 2020

Effective Date

March 1, 2020

STATEMENT OF BASIS AND PURPOSE

Summary of the basis and purpose for new rule or rule change.

The proposed regulatory changes impact all Adult Financial programs including: Old Age Pension (OAP), Aid to the Needy Disabled- State Only (AND-SO), Aid to the Needy Disabled- Colorado Supplement (AND-CS), Home Care Allowance (HCA), Special Populations Home Care Allowance (SP-HCA), Adult Foster Care (AFC), and Burial. Promulgation of these proposed rules will streamline and simplify eligibility processes for clients, county departments of human/social services, and Single Entry Point Agencies (SEPs). SEPs provide case management and care planning to clients, and make referrals to other resources. By matching criteria with other programs such as Food Assistance and Medicaid, the client and worker experience of the programs will improve. The proposed rules eliminate redundant language found in rule and clarify rules through revision. This rule-making package eliminates or revises rules that are duplicative and eliminates rules that create unduly burdensome processes or are inconsistent. This rule change has two key goals: 1) to reduce redundant or unnecessary processes and 2) to simplify the eligibility requirements which will streamline the application and ongoing eligibility determination processes for Adult Financial clients and workers. The rule revisions will incorporate changes made with a focus on reducing workload and paperwork caused by applying three or more programs’ standards to a single applicant. The major changes:

· Incorporate a Period of Eligibility;

· Streamline eligibility and reporting requirements;

· Update definitions to better align with federal law and current practice;

· Change income disregards to simplify calculations; and,

· Align reporting and noticing requirements with Social Security Income, Medicaid, Food Assistance, and other cash programs.

These rules intend to streamline processes and increase operational efficiencies at the county, SEP, and State levels.

An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:

to comply with state/federal law and/or

to preserve public health, safety and welfare

Justification for emergency:

N/A

State Board Authority for Rule:

Code

Description

26-1-107(5)(b), C.R.S. (2019)

State Board’s authority to adopt rules for programs administered and services provided by the State Department as set forth in Titles 26 and 27.

26-1-111(2)(d)(I), C.R.S. (2019)

State Department shall provide services to the county governments for the effective administration of public assistance and welfare functions as set out in the rules of the State Board.

Program Authority for Rule: Give federal and/or state citations and a summary of the language authorizing the rule-making function AND authority.

Code

Description

26-1-106(1)(a), C.R.S. (2019)

The Executive Director shall review the initial decision in accordance with a procedure adopted by the State Board.

26-1-107(7), C.R.S. (2019)

Rulemaking authority to define income disregards for public assistance benefits when federal law or regulations require.

26-1-112(2)(a), C.R.S. (2019)

Locating Violators- Recoveries. The request and provision of information regarding fraudulently obtained public benefits shall be established by rule of the State Department.

26-2-104(2)(b), C.R.S. (2019)

Public Assistance Programs- Electronic Benefits Transfer Service- The State Board is authorized to promulgate rules necessary to implement and administer the electronic benefits transfer service created by 26-2-104(2), C.R.S. (2019)

26-2-106(2), (3), C.R.S. (2019)

Applications for Public Assistance – The rules of the State Department may provide for a simplified application for public assistance benefits and shall provide adequate safeguards and controls to ensure that only eligible persons receive public assistance under Title 26. The State Department, by its rules, shall prescribe the form and procedure for applications ro request for social services.

26-2-108(2), C.R.S. (2019)

Granting of Assistance Payments and Social Services - The State Department, by its rules, shall prescribe procedures for handling applications or requests for social services. Such rules may include, but need not be limited to, the determination of eligibility for social services, the services to be provided, the verification and record, and notice to applicants and the state department.

26-2-109(3)(a), C.R.S. (2019)

Right to Own Certain Property - The State Department, by its rules and regulations, may establish limitations on the value of real and personal property and other resources subject to statutory limitations which may be available to an applicant or recipient without affecting his eligibility for public assistance.

26-2-110, C.R.S. (2019)

Repayment not Required – Pursuant to the rules of the State Department, no person shall be required to repay or promise to repay the State of Colorado for money properly paid to him or her as a condition for receiving public assistance.

26-2-111.8(2)(c), (4), (5), C.R.S. (2019)

Eligibility of Noncitizens for Public Assistance – A qualified alien may receive benefits under statute pursuant to rules promulgated by the State Department.

26-2-114(2)(b)(I), C.R.S. (2019)

Amount of Assistance Payments- Old Age Pension - The rules and regulations of the State Department may require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources.

26-2-119(1)(b), C.R.S. (2019)

Amount of Assistance Payments- Aid to the Needy Disabled – Defining what the rules of the State Department must establish.

26-2-120(1), C.R.S. (2019)

Amount of Assistance Payments- Aid to the Blind - The rules of the state department may require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources.

26-2-122.3(1)(b)(III), C.R.S. (2019)

Adult Foster Care and Home Care Allowance– State Department rules shall specify: the services available under home care allowance program (HCA); the eligibility criteria for the HCA; the determination as to the client’s functional impairment and the client’s unmet need for paid care; the amounts awarded to persons eligible for HCA; the methods for determining the unmet need for paid care and the amount of a HCA that may be awarded to eligible clients.

26-2-123(1), C.R.S. (2019)

Removal to Another County – Generally describes the transfer of public assistance from one county to another when a recipient becomes a resident of another county, pursuant to the rules of the State Department.

26-2-124, C.R.S. (2019)

Reconsideration and Changes – Generally describes the reconsideration and change process, which is to be governed by the rules and regulations of the State Department.

26-2-127(1)(a)(I), (1)(a)(II), (1)(a)(IV), C.R.S. (2019)

Appeals – Generally describes the appeals process, which is to be governed by the rules promulgated by the State Department.

26-2-128(1), (3), C.R.S. (2018)

Recovery from Recipient- Estate – Generally describes the recovery process from a recipient whose estate exceeds the value permitted by statute while receiving public assistance, which is to be governed by the rules of the State Department.

26-2-129(10)(a), C.R.S. (2019)

Funeral- Burial- Cremation Expenses- Death Reimbursement- Definitions – The State Department shall adopt rules and regulations necessary to implement the burial expenses requirements in section 26-2-129.

26-2-133(4), C.R.S. (2019)

State Income Tax Refund Offset- Rules – The State Department shall adopt rules and regulations necessary to implement the tax refund offset statute, section 26-2-133.

26-2-137(2)(b), C.R.S. (2019)

Noncitizens Programs – The State Department shall promulgate rules requiring sponsors to meet their moral and financial commitments to the immigrants they sponsor.

26-2-205, C.R.S. (2019)

Optional State Supplementation - The state department is authorized to adopt rules and regulations for the provision of optional state supplementation to recipients of SSI benefits residing in the state.

Does the rule incorporate material by reference?

x

Yes

No

Does this rule repeat language found in statute?

Yes

X

No

If yes, please explain.

REGULATORY ANALYSIS

1. List of groups impacted by this rule.

County departments and SEPs as well as clients of the Old Age Pension (OAP), Aid to the Needy Disabled-State Only (AND-SO), Aid to the Needy Disabled-Colorado Supplement (AND-CS), Home Care Allowance (HCA), and Burial programs will benefit from the rule revisions. Individuals who may be interested in the Adult Foster Care (AFC) program will be impacted; however, the program has not been utilized in years and is not currently appropriated by the General Assembly. The Special Populations Home Care Allowance (SP-HCA) program was statutorily required to sunset due to the implementation of a consumer directed option in the Supported Living Services waiver. The program was discontinued in August 2018. The proposed rules are a product of collaboration between the Employment and Benefits Division and its partners and have been in development for more than four (4) years.

2. Describe the qualitative and quantitative impact.

All sixty-four (64) counties, twenty-four (24) SEPs and approximately 27,350 Adult Financial recipients will be affected. Implementation of the proposed rule changes will result in county workload reduction and increased economic stability among clients. In some circumstances, there may result in modest changes to a participant’s grant due to income disregards and deeming, or a client’s length of time spent in the program may increase due to changes to reporting requirements and rules requiring proper notice to individuals before their benefits end. Any potential cost increases would be within existing appropriations, which are currently underspent.

The anticipated benefits include less confusing application of program standards, consistency and alignment across programs. This will limit the need for a county to “interpret” a rule that is vague or written with overly obtuse language, helping ensure that the rules are applied in the same manner from one county to another, a definite benefit for clients. Also, the program anticipates less confusion for new workers, improved program accuracy and error reduction, and more streamlined training. The changes benefit clients and county workers by simplifying and making regulations more rational. A large time savings for counties is also anticipated due to reduced administrative burdens, aligning these program rules with other programs, and simplifying language and the statewide benefit management system.

3. Fiscal Impact

State Fiscal Impact

The statewide benefit management system must be updated to reflect the changes outlined in these proposed rules. System changes will be accomplished within the existing state resources.

There are no additional State fiscal impacts as a result of these rule changes. Any increases will be within the current appropriations.

County Fiscal Impact

Counties contribute a percentage of all AND and HCA benefits paid. The contribution is twenty percent for AND and five percent for HCA. There is no county contribution for OAP benefits. There are no additional county fiscal impacts as the increases will be within the appropriations.

The Department will continuously monitor caseload and expenditures to ensure counties have sufficient resources to operate the program.

Federal Fiscal Impact

There is no federal fiscal impact. Adult Financial programs are all State funded.

Other Fiscal Impact

There is no additional fiscal impact to any other provider or local governments.

4. Data Description

The Employment and Benefits Division relied on data from internal resources when developing this rule. Ad-hoc reports were created to analyze trends and create projections based on proposed changes to determine potential impacts. Data utilized included caseload information, specific impacts related to income and noticing changes, a fiscal review, and allocation review.

5. Alternatives to this Rule-making

The rules could remain as currently written. However, because of the issues previously identified (inefficient, misaligned, unclear), it is strongly recommended that the rules be updated.

OVERVIEW OF PROPOSED RULE

Rule section Number

Issue

Old Language

New Language or Response

Reason / Example / Best Practice

Public Comment No / Detail

3.510

Clarification Needed

“Actual value” means the true value of real property, as reported by the county assessor.

“Actual value” means the true value of real property, as reported by the county assessor.

Removed unnecessary word.

No

3.510

New Rule Addition

"ADEQUATE NOTICE"-NEW

“ADMINISTRATIVE DISQUALIFICATION HEARING” (ADH) MEANS A DISQUALIFICATION HEARING AGAINST AN INDIVIDUAL ACCUSED OF WRONGFULLY OBTAINING OR ATTEMPTING TO OBTAIN ASSISTANCE.

New definition added to distinguish between adequate notice and timely notice.

No

3.510

New Rule Addition

"ADMINISTRATIVE DISQUALIFICATION HEARING"-NEW

“ADMINISTRATIVE DISQUALIFICATION HEARING” (ADH) MEANS A DISQUALIFICATION HEARING AGAINST AN INDIVIDUAL ACCUSED OF WRONGFULLY OBTAINING OR ATTEMPTING TO OBTAIN ASSISTANCE.

New definition added to describe the type of hearing that occurs during the Intentional Program Violation process.

No

3.510

New Rule Addition

"ADMINISTRATIVE ERROR CLAIM"-NEW

“ADMINISTRATIVE ERROR CLAIM” MEANS A GRANT PAYMENT WAS OVER-PAID AND A CLAIM VALIDATED BASED ON AN ERROR ON THE PART OF THE COUNTY DEPARTMENT OF HUMAN SERVICES.

Addition of fraud rules from previous Section 3.800 required new definition.

No

3.510

New Rule Addition

"ADULT FINANCIAL APPROVED SETTING"- NEW

“ADULT FINANCIAL APPROVED SETTING” MEANS A FACILITY WITH THIS SPECIFIC DESIGNATION BY THE STATE DEPARTMENT.

Added to clarify special facilities designated by CDHS. Clients residing in these settings can receive a personal needs allowance payment.

No

3.510

New Rule Addition

“ADMINISTRATIVE LAW JUDGE” (ALJ) ADMINISTRATIVE LAW JUDGE MEANS AN ADMINISTRATIVE LAW JUDGE APPOINTED PURSUANT TO SECTION 24-30-1003, C.R.S.

Adds definition to clarify term used in multiple rule sections.

No

3.510


“Applicant” means a person who is applying for benefits.

“Applicant” means ANY INDIVIDUAL OR FAMILY WHO INDIVIDUALLY OR THROUGH A DESIGNATED REPRESENTATIVE OR SOMEONE ACTING RESPONSIBLY FOR HIM OR HER HAS APPLIED FOR BENEFITS UNDER THE PROGRAMS OF PUBLIC ASSISTANCE administered or supervised by the state department PURSUANT TO TITLE 26, ARTICLE 2, C.R.S., AS DEFINED AT SECTION 26-2-103(1), C.R.S. a person who is applying for benefits.

Recommended addition by the Chief Adjudicator of appeals and aligns with statute.

No

3.510


“Application” means a request on state approved forms for benefits and/or services, which can include the electronic state prescribed form.

“Application” means aAN INITIAL OR REDETERMINATION request on state approved forms (PAPER OR ELECTRONIC) for A GRANT PAYMENTbenefits and/or services, which can include the electronic state prescribed form.

Recommended addition by the Chief Adjudicator of appeals

No

3.510


“Authorized representative” means someone acting reasonably for the client with the authority to make decisions on behalf of the client and who has taken responsibility for the case including but not limited to signing documents and speaking with county departments.

“Authorized representative” means someone acting reasonably for the client with the authority to make decisions on behalf of the client and who has taken responsibility for the case including but not limited to signing documents and speaking with county departments. THE AUTHORIZATION MUST BE IN WRITING AND SIGNED BY THE CLIENT.

Clarified that the authorization must be in writing and signed.

No

3.510


“Availability of income or resources” means when actually available and when the client has a legal interest in a sum (includes cash or equity value of a resource) and has the legal ability to make such sum available for support and maintenance.

“AVAILABLE” (RELATED TO FUNDS OR ASSETS)Availability of income or resources” means when actually ACCESSIBLE available OR COULD BE ACCESSIBLE, and when the client has a legal interest in a sum (includes cash or equity value of a resource), and has the legal ability to make such sum available for support and maintenance.

Definition did not match language found throughout rule. Also eliminated redundancy in rule.

No

3.510


“Bona fide loan” means a borrower receives money (from relatives, friends or others) which creates a loan if there is an understanding between the parties that the money borrowed is to be repaid and it is recognized as an enforceable contract under State law. The transaction which creates a loan can be in the form of a written or oral agreement if enforceable under State law. Absent a negotiable instrument, a bona fide loan must still be convertible to cash in order to be considered a resource.

“Bona fide loan” means a borrower receives money (from relatives, friends or others) which creates a loan if there is an understanding between the parties that the money borrowed is to be repaid and it is recognized as an enforceable contract under State COLORADO law. The transaction which creates a loan can be in the form of a written or VERBAL oral agreement if enforceable under State COLORADO law. Absent a negotiable instrument, a bona fide loan must still be convertible to cash in order to be considered a resource. THE OBLIGATION TO REPAY CANNOT BE CONTINGENT ON FUTURE INCOME THAT MIGHT BE RECEIVED BY THE BORROWER. THE WRITTEN OR VERBAL AGREEMENT MUST BE IN EFFECT AT THE TIME OF THE TRANSACTION AND THERE MUST BE A REASONABLE PLAN FOR REPAYMENT.

Align definition with SSA treatment of bona fide loan.

No

3.510

Unnecessary Rule

“Cash benefit” means a money payment provided to an eligible client, for the purpose of meeting day-to-day ongoing living costs.

“Cash benefit” means a money payment provided to an eligible client, for the purpose of meeting day-to-day ongoing living costs.

Term not used in body of the rule.

No

3.510

New Rule Addition

“CERTIFICATION PERIOD” MEANS THE TIME PERIOD FOR WHICH AN ADULT FINANCIAL CLIENT IS APPROVED TO RECEIVE GRANT PAYMENTS BEFORE A REDETERMINATION IS REQUIRED.

Added for clarification of term used in body of rule.

No

3.510


“Claim” means an overpayment of benefits that needs to be researched for validity and, if validated, must be collected from the client by the county department.

“Claim” means an overpayment of A GRANT PAYMENT benefits that needs to be researched AND for validity and, if validated, must be collected from the client by the county department.

Definition did not match language found throughout rule.

No

3.510


“Client” means a current or past applicant or a current or past recipient of benefits.

“Client” means a current or past applicant or a current or past recipient of AN ADULT FINANCIAL GRANT PAYMENT benefits.

Clarification and to align with use of the term AF Grant Payment throughout rule.

No

3.510

New Rule Addition

"CLIENT ERROR CLAIM"- NEW

“CLIENT ERROR CLAIM” MEANS A GRANT PAYMENT WAS OVER-PAID AND A CLAIM WAS VALIDATED BASED ON UNINTENTIONAL OR WILLFUL WITHHOLDING OF INFORMATION ON THE PART OF THE CLIENT.

Addition of fraud rules from previous Section 3.800 required new definition.

No

3.510

New Rule Addition

“COLLATERAL CONTACT” -NEW

“COLLATERAL CONTACT” MEANS A PERSON OUTSIDE THE CLIENT’S HOUSEHOLD (EXCLUDING SPONSOR(S) AND LANDLORD WHO ALSO LIVE IN THE HOME) WHO HAS FIRST-HAND KNOWLEDGE OF THE CLIENT’S CIRCUMSTANCE AND PROVIDES A VERBAL OR WRITTEN CONFIRMATION THEREOF. THIS CONFIRMATION MAY BE MADE EITHER IN PERSON, IN WRITING, ELECTRONICALLY SUBMITTED, OR BY TELEPHONE. ACCEPTABLE COLLATERAL CONTACTS INCLUDE BUT ARE NOT LIMITED TO: EMPLOYERS, LANDLORDS, SOCIAL/MIGRANT SERVICE AGENCIES, AND MEDICAL PROVIDERS WHO CAN BE EXPECTED TO PROVIDE ACCURATE THIRD PARTY VERIFICATION. THE NAME/TITLE OF THE COLLATERAL CONTACT AS WELL AS THE INFORMATION OBTAINED MUST BE DOCUMENTED IN THE STATEWIDE AUTOMATED SYSTEM.

New definition to clarify the use of collateral contact as an acceptable verification source. Identifies who is considered a collateral contact and the ways that information can be shared.

No

3.510


“Countable income” means income considered to be available to the client, spouse of the client, or sponsor(s) of the client after the application of valid exemptions, disregards, and deductions.

“Countable income” means income considered to be available to the client, spouse of the client, or sponsor(s) of the client after the application of valid exemptions, disregards, and deductions.

Remove unnecessary words.

No

3.510


“Countable resource” means resources considered to be available to the client, spouse of the client, or sponsor(s) of the client after the application of valid exemptions, disregards, and deductions.

“Countable resource” means resources considered to be available to the client, spouse of the client, or sponsor(s) of the client after the application of valid exemptions, disregards, and deductions.

Remove unnecessary words.

No

3.510

New Rule Addition

“CREDITOR” MEANS A PERSON OR COMPANY, ASIDE FROM THE COLORADO DEPARTMENT OF HUMAN SERVICES, TO WHOM MONEY IS OWED.

New definition to differentiate between claims of CDHS and other entities.

No

3.510

New Rule Addition

“DATE OF ENTRY” OR “DATE OF ADMISSION” -NEW

“DATE OF ENTRY” OR “DATE OF ADMISSION” MEANS THE DATE ESTABLISHED BY THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (USCIS), FORMERLY KNOWN AS THE IMMIGRATION AND NATURALIZATION SERVICE (INS), AS THE DATE THE SPONSORED NONCITIZEN WAS ADMITTED FOR PERMANENT RESIDENCE.

New definition to clarify when the sponsored noncitizen was admitted into the United States for permanent residence.

No

3.510


“Denial” means that the client was not eligible for benefits upon initial application.

“Denial” means that the client was not eligible for A GRANT PAYMENTbenefits upon initial application.

Clarification and to align with use of the term AF Grant Payment throughout rule.

No

3.510

New Rule Addition

"DEMONSTRABLE EVIDENCE"-NEW

“DEMONSTRABLE EVIDENCE” MEANS EVIDENCE THAT A COLORADO WORKS CASE IS CLOSED DUE TO REFUSAL TO COMPLY WITH THE WORKFORCE PROGRAM.

New definition to clarify term used for Colorado Works case closures.

No

3.510

New Rule Addition

“DISABLING CONDITION” MEANS A MEDICAL IMPAIRMENT WHICH PREVENTS AND INDIVIDUAL FROM ENGAGING IN WORK.

New definition added to explain situations in which resources may be treated differently.

No

3.510


“Disability Benefits Guide (Guide)” means a representative appointed to assist an individual to work with the Social Security Administration (SSA). The Guide is responsible for assisting the client with securing a protected filing date for Supplemental Security Income (SSI) within ten (10) days. The Guide must assist the client in completing and submitting a thorough application for SSI. This Guide may be selected by the client and must be: A. Any attorney licensed in Colorado or licensed to appear in any United States federal court, in good standing who: 1. Is not disqualified or suspended from acting as a representative in dealings with the SSA; and,2. Is not prohibited by any law from acting as a representative; or,B. Any person who: 1. Has SSI/SSDI Outreach, Access, and Recovery (SOAR) certification or is employed and endorsed by an organization that has experience in assisting with the SSI application process. Experience is determined by the county worker verifying place and type of employment; and,2. Is not disqualified or suspended from acting as a representative in interactions with the SSA or the county department; and,3. Is not prohibited by any law from acting as a representative. C. If the person selected by the client meets these requirements, the county department shall notify the client verbally or in writing that the person has been approved to work with them as the Guide. D. The county department or the SSA may refuse to recognize the person chosen by the client if the person does not meet the requirements in this section. The county department or the SSA will notify the client and the person disqualified to act as the client’s Guide. If disqualified by the county department, the county department must provide written notification within three (3) days of the decision to disqualify. The client shall notify the county department within ten (10) days if he/she has selected a new Guide.E. If a person is disqualified from acting as the Guide, and he or she wishes to dispute this decision, he or she may request a formal review through the Colorado Department of Human Services, Employment and Benefits Division. The Division will review and make decisions on the dispute.

“Disability Benefits Guide (Guide)” means a representative appointed to assist an individual to work with the Social Security Administration (SSA). The Guide is responsible for assisting the client with securing a protected filing date for Supplemental Security Income (SSI) within ten (10) days. The Guide must assist the client in completing and submitting a thorough application for SSI. This Guide may be selected by the client and must be: A. Any attorney licensed in Colorado or licensed to appear in any United States federal court, in good standing who: 1. Is not disqualified or suspended from acting as a representative in dealings with the SSA; and,2. Is not prohibited by any law from acting as a representative; or,B. Any person who: 1. Has SSI/SSDI Outreach, Access, and Recovery (SOAR) certification or is employed and endorsed by an organization that has experience in assisting with the SSI application process. Experience is determined by the county worker verifying place and type of employment; and,2. Is not disqualified or suspended from acting as a representative in interactions with the SSA or the county department; and,3. Is not prohibited by any law from acting as a representative. C. If the person selected by the client meets these requirements, the county department shall notify the client verbally or in writing that the person has been approved to work with them as the Guide. D. The county department or the SSA may refuse to recognize the person chosen by the client if the person does not meet the requirements in this section. The county department or the SSA will notify the client and the person disqualified to act as the client’s Guide. If disqualified by the county department, the county department must provide written notification within three (3) days of the decision to disqualify. The client shall notify the county department within ten (10) days if he/she has selected a new Guide.E. If a person is disqualified from acting as the Guide, and HE/SHE he or she wishes to dispute this decision, he or she may request a formal review through the Colorado Department of Human Services, Employment and Benefits Division. The Division will review and make decisions on the dispute.

Deletion as definition is no longer used.

No

3.510


“Discontinuation” means that the client who is currently receiving benefits is no longer eligible and his/her benefits will be stopped.

“Discontinuation” means that the client who is currently receiving A GRANT PAYMENTbenefits is no longer eligible and his OR /her GRANT PAYMENTbenefits will be stopped.

Clarified by using the term grant payment which is consistent throughout rule body.

No

3.510

New Rule Edition

“EFFECTIVE DATE OF ELIGIBILITY” MEANS THE FIRST DATE A CLIENT IS ELIGIBLE FOR THE PUBLIC ASSISTANCE PROGRAM.

Added to clarify term used in regards to initial payments.

No

3.510

New Rule Edition

“ESTATE” MEANS THE PROPERTY OF THE DECEDENT, TRUST, OR OTHER PERSON WHOSE AFFAIRS ARE SUBJECT TO THE COLORADO PROBATE CODE, TITLE 15, ARTICLE 10, OF THE COLORADO REVISED STATUTES, AS ORIGINALLY CONSTITUTED AND AS IT EXISTS FROM TIME TO TIME DURING ADMINISTRATION, AS DEFINED IN SECTION 15-10-201(17), C.R.S.

Recommended addition by the AG’s office

No

3.510


“Equity value of real property” means actual value less encumbrances.

“Equity value of real property” means actual value less encumbrances.

Definition did not match language found throughout rule.

No

3.510


“Facility” means the residence of a client where the intent is either to care for or provide treatment to the client. Facilities include general medical and surgical hospitals, nursing homes, regional centers, group and host homes, and mental health institutions. Facilities do not include penal institutions, such as federal and state prisons or county, local, and municipal jails.

“Facility” means the residence of a client where the intent is either to care for or provide treatment to the client. Facilities include general medical and surgical hospitals, nursing homes, regional centers, group and host homes, and mental health institutions. Facilities do not include penal institutions, such as federal and state prisons or county, local, and municipal jails, AND COMMUNITY CORRECTIONS RESIDENTIAL PROGRAMS.

Updated to reflect exclusion of community corrections residential programs as they still fall under the jurisdiction of penal institution.

No

3.510

New Rule Addition

“FEDERAL POVERTY GUIDELINES” ALSO CALLED FEDERAL POVERTY LEVEL (FPL) MEANS THE INCOME LEVEL FOR A HOUSEHOLD AS SET FORTH IN THE FEDERAL REGISTER 8 FR 1167, AS OF JANUARY 15, 2020. THIS RULE DOES NOT CONTAIN ANY LATER AMENDMENTS OR EDITIONS. THESE GUIDELINES ARE AVAILABLE FOR NO COST AT HTTPS://WWW.FEDERALREGISTER.GOV/. THESE GUIDELINES ARE ALSO AVAILABLE FOR PUBLIC INSPECTION AND COPYING AT THE COLORADO DEPARTMENT OF HUMAN SERVICES, DIRECTOR OF THE EMPLOYMENT AND BENEFITS DIVISION, 1575 SHERMAN STREET, DENVER, COLORADO, 80203, OR AT ANY STATE PUBLICATIONS LIBRARY DURING REGULAR BUSINESS HOURS.

New rule defining FPL and incorporating by reference.

3.510


“Fraud” means the deliberate and conscious violation of rules or law for personal economic gain, including making any falsified claim for payment or benefit issued by the county department on behalf of the State Department by the client or others or receiving financial benefit from the county department on behalf of the State Department by means of willful misrepresentation including intentional concealment of essential fact(s) pertinent to determining eligibility.

“Fraud” means any person who obtains or any person who willfully aids or abets another to obtain public assistance as defined in title 26 of the c.r.s. to which the person is not entitled or in an amount greater than that to which the person is justly entitled or payment of any forfeited installment grants or benefits to which the person is not entitled or in a greater amount than that to which the person is entitled, by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device, AS DESCRIBED IN SECTION 26-1-127(1), c.r.s. the deliberate and conscious violation of rules or law for personal economic gain, including making any falsified claim for payment or benefit issued by the county department on behalf of the State Department by the client or others or receiving financial benefit from the county department on behalf of the State Department by means of willful misrepresentation including intentional concealment of essential fact(s) pertinent to determining eligibility.

Definition alignment with Colorado Works for consistency and to align with statute.

No

3.510


“Good cause” means the client is unable to provide verifications, completed redetermination packets, or otherwise complete eligibility requirements timely because of circumstances beyond the control of the client. Good cause includes, but is not limited to, medical emergencies or hospitalization, an individual who has a disability or other medical condition(s) requiring additional time and/or assistance, a delayed appointment with the Social Security Administration beyond the client's control, or other good cause determined reasonable by the county department using prudent person principle.

“Good cause” means the client is unable to provide verifications, completed redetermination packets, or otherwise complete eligibility requirements timely because of circumstances beyond the control of the client. Good cause includes, but is not limited to, DOCUMENTED AND VERIFIABLE medical emergencies or hospitalization, A CLIENT an individual who has a disability or other medical condition(s) requiring additional time and/or assistance, a delayed appointment with the Social Security Administration beyond the client's control, or other good cause determined reasonable by the county department using THE prudent person principle. THE FOLLOWING CIRCUMSTANCES DO NOT CONSTITUTE GOOD CAUSE: AN EXCESSIVE WORKLOAD OF A PARTY OR HIS OR HER REPRESENTATIVE OR ATTORNEY; WHEN A PARTY OBTAINS LEGAL REPRESENTATION IN AN UNTIMELY MANNER; A PARTY’S FAILURE TO EITHER RECEIVE OR TIMELY RECEIVE, A TIMELY MAILED INITIAL DECISION, OR OTHER TIMELY MAILED CORRESPONDENCE FROM THE OFFICE OF ADMINISTRATIVE COURTS AND/OR THE OFFICE OF APPEALS, OR FROM THE COUNTY DEPARTMENT, WHEN A PARTY HAS FAILED TO ADVISE THE OFFICE OF ADMINISTRATIVE COURTS,THE COUNTY DEPARTMENT, OR THE OFFICE OF APPEALS OF A CHANGE OF ADDRESS OR FAILED TO PROVIDE A CORRECT ADDRESS; OR ANY OTHER CIRCUMSTANCE WHICH WAS FORESEEABLE OR PREVENTABLE.

Recommended addition by the Chief Adjudicator of appeals

No

3.510

New Rule Addition

“GRANT PAYMENT” MEANS THE ADULT FINANCIAL PROGRAM PAYMENT AND MAY ALSO BE REFERRED TO AS THE BENEFIT.

Added to consolidate the use of multiple terms referring to the AF benefit.

No

3.510

New Rule Addition

“GRANT STANDARD” MEANS THE MAXIMUM ADULT FINANCIAL GRANT PAYMENT THAT CAN BE PROVIDED TO A CLIENT BASED ON EACH SPECIFIC ADULT FINANCIAL PROGRAM.

Added to clarify the difference between the payment to the client and the maximum amount of eligibility.

No

3.510

New Rule Addition

“HEALTH CARE POLICY AND FINANCING” (HCPF) MEANS THE COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING.

Added to eliminate redundancy of repeating the full department name throughout.

No

4.510

New Rule Addition

"HOMELESS"-NEW

“HOMELESS” MEANS A PERSON WITH NO PERMANENT LIVING ARRANGEMENT, I.E., NO REGULAR NIGHTTIME OR FIXED PLACE OF RESIDENCE. HE OR SHE IS NEITHER A MEMBER OF A HOUSEHOLD NOR A RESIDENT OF AN INSTITUTION. THIS CAN MEAN SOMEONE WHO SLEEPS IN A DOORWAY; SUPERVISED SHELTER DESIGNED FOR TEMPORARY ACCOMMODATIONS; A HALFWAY HOUSE OR SIMILAR FACILITY THAT PROVIDES TEMPORARY RESIDENCE; A PLACE NOT DESIGNED FOR OR ORDINARILY USED AS REGULAR SLEEPING ACCOMMODATIONS FOR HUMAN BEINGS, SUCH AS PARKS, BUS STATIONS, ETC.; OR A PERSON WHO STAYS WITH A SUCCESSION OF FRIENDS OR RELATIVES AND HAS NO PERMANENT LIVING ARRANGEMENT.

Align definition with SSA and Food Assistance definitions of homeless.

No

3.510

New Rule Addition

“IM-14” MEANS THE AUTHORIZATION FOR REIMBURSEMENT OF INTERIM ASSISTANCE AVAILABLE AT THE COUNTY DEPARTMENT OR FOUND WITHIN THE STATEWIDE AUTOMATED SYSTEM.

Defined term used for the IAR process.

3.510

New Rule Addition

“IM-19” MEANS THE APPORTIONMENT NOTICE AVAILABLE AT THE COUNTY DEPARTMENT OR FOUND WITHIN THE STATEWIDE AUTOMATED SYSTEM.

Defined term used for the IAR process.

3.510


“Immediate family” means: the spouse, parents, and children of the client.

“Immediate family” means PEOPLE WITH THE FOLLOWING RELATIONSHIPS TO THE CLIENT: the spouse, MINOR AND ADULT CHILDREN, STEPCHILDREN, ADOPTED CHILDREN, parents, ADOPTIVE PARENTS, and children of the client AND THE SPOUSES OF THOSE PERSONS.

Definition did not match language found throughout rule and provides clarification.

No

3.510


“In-kind income” means something of value received for the benefit of a client, spouse of a client, or sponsor(s) of a client.

“In-kind income” means something of value received for the benefit of a client, spouse of a client, or sponsor(s) of a client AND IS CONSIDERED EITHER EARNED OR UNEARNED INCOME. EXAMPLES OF THIS ARE FOOD OR SHELTER THAT THE CLIENT RECEIVED FOR FREE OR AT FAIR MARKET VALUE OR LESS.

Definition did not match language found throughout rule. Also provided additional clarification to the definition.

No

3.510

New Rule Addition

“INTENT" AND/OR "INTENTIONALLY"-NEW

“INTENT” AND/OR “INTENTIONALLY" MEANS A PERSON’S CONSCIOUS OBJECTIVE IS TO CAUSE THE SPECIFIC RESULT, WHETHER OR NOT THE RESULT OCCURRED, AS DESCRIBED IN SECTION 18-1-501(5), C.R.S.

Recommended addition by the Chief Adjudicator of appeals. New definition aligns with and refers back to statute.

No

4.510

New Rule Addition

"INTENTIONAL PROGRAM VIOLATION (IPV)" NEW

"INTENTIONAL PROGRAM VIOLATION” (IPV) OCCURS WHEN AN INDIVIDUAL MAKES A FALSE OR MISLEADING STATEMENT OR FAILS TO DISCLOSE BY MISREPRESENTATION OR CONCEALMENT OF FACTS, OR ACTS IN A WAY THAT IS INTENDED TO MISLEAD OR CONCEAL ANY ELIGIBILITY FACTOR ON ANY APPLICATION OR OTHER WRITTEN AND/OR ELECTRONIC COMMUNICATION FOR THE PURPOSE OF ESTABLISHING OR MAINTAINING ELIGIBILITY TO:

1. RECEIVE A GRANT PAYMENT FOR WHICH THE CLIENT IS NOT ELIGIBLE; OR,

2. INCREASE A GRANT PAYMENT FOR WHICH THE CLIENT IS NOT ELIGIBLE; OR,

3. PREVENT A DENIAL, REDUCTION OR TERMINATION OF A GRANT PAYMENT.

New definition adding Intentional Program Violation to rules to comply with statutory requirements. This definition aligns with the Colorado Works definition.

No

3.510


“Intermittent redetermination” means a redetermination that is generated prior to the annual redetermination date due to questionable circumstances surrounding the case, a client moving to a new county, or other reasons.

“Intermittent redetermination” means a redetermination that is generated prior to the annual redetermination date due to questionable circumstances surrounding the case, a client moving to a new county, or other reasons.

No longer using an intermittent redetermination process.

No

3.510

New Rule Addition

“IRREGULAR”-NEW

“IRREGULAR” (RELATED TO INCOME) MEANS INCOME WHICH AN INDIVIDUAL CANNOT REASONABLY EXPECT TO RECEIVE ON A MONTHLY BASIS.

Clarify what is meant when income is received sporadically.

No

3.510

New Rule Addition

“LEGAL FIDUCIARY” MEANS A PERSON OR AGENCY WHO HOLDS THE LEGAL POWER TO ACT ON BEHALF OF A CLIENT AND IS REQUIRED TO ACT IN THE BEST INTEREST OF THE CLIENT.

Added to define the term used in reference to resources and the pursuit of potential income.

No

3.510

New Rule Addition

“LIABLE INDIVIDUAL” MEANS A PERSON FINANCIALLY RESPONSIBLE FOR AN OVERPAYMENT INCLUDING THE CLIENT, SPONSOR(S) OF A CLIENT, A PAYEE, PARENTS OF DEPENDENT CHILDREN, AND/OR OTHER PERSONS DETERMINED TO BE FINANCIALLY LIABLE BY A COURT.

Added to

3.510

Clarificaiton Needed

“Life Estate” means a legal estate planning procedure in which the client transfers real property to another individual but retains the right of occupancy and income from the property during the client's lifetime. The life estate's duration is limited to the life of the individual. The life tenant, during his or her life, retains the use and possession of the property, the rights to rents and profits, and the costs of maintaining the property. The life tenant cannot sell or waste the property without the consent of the person(s) to whom the property was transferred.

“Life Estate” means a legal estate planning procedure in which the client transfers real property to another individual but retains the right of occupancy and income from the property during the client's lifetime. The life estate's duration is limited to the life of the individualCLIENT. The life tenantCLIENT, during his or her life, retains the use and possession of the property, the rights to rents and profits, and the costs of maintaining the property. The life tenantCLIENT cannot sell or waste the property without the consent of the person(s) to whom the property was transferred.

Clarify that the client is the life tenant.

No

3.510

New Rule Addition

“LOCAL SERVICE DELIVERY AGENCY” MEANS AN AGENCY OPERATING ON BEHALF OF THE COUNTY DEPARTMENT OR STATE DEPARTMENT TO DETERMINE ALL OR PART OF A CLIENT’S ELIGIBILITY FOR ADULT FINANCIAL PROGRAMS.

Addition of rules from previous Section 3.800 required new definition.

No

3.510


“Marriage” (for the purpose of these rules) means a marriage as defined in Section 14-2-101, C.R.S., a common law marriage as defined in Section 14-2-101, C.R.S., and a civil union, as defined in Section 14-15-101, C.R.S.

“Marriage” (for the purpose of these rules) means a marriage as defined in Section 14-2-10114-2-104(1), C.R.S., a common law marriage as defined in Section 14-2-10114-2-104(2), C.R.S., and a civil union, as defined in Section 14- 15-10114-15-103(1), C.R.S.

Updated statutory references needed.

No

3.510

New Rule Addition

"MATERIAL FACT"- NEW

“MATERIAL FACT” MEANS INFORMATION THAT HAS LOGICAL CONNECTION TO THE CONSEQUENCES AND/OR THE DECISION BEING DETERMINED AND THE NATURE OF THE INFORMATION OR FACT IS SUCH THAT A REASONABLE PERSON UNDER THE CIRCUMSTANCES WOULD ATTACH IMPORTANCE TO IT IN DETERMINING HIS OR HER COURSE OF ACTION.

Recommended addition by the Chief Adjudicator of appeals.

No

3.510


“Non-recipient spouse” means the client's spouse who is not receiving financial benefits.

“Non-recipient spouse” means the client's spouse who is not receiving AN ADULT financial GRANT PAYMENT benefits.

Added clarifying words.

No

3.510

New Rule Addition

“OVERPAYMENT” MEANS A GRANT PAYMENT WAS MADE IN EXCESS OF THE AMOUNT A CLIENT WAS ELIGIBLE FOR.


No

3.510


“Potential income” means a benefit or payment to which the client, spouse of a client, or sponsor(s) of a client may be entitled and could secure, such as annuities, pensions, retirement or disability benefits, veterans compensation and pensions, workers' compensation, Social Security retirement or disability benefits, SSI benefits, and unemployment compensation.

“Potential income” means a benefit or payment to which the client, spouse of a client, or sponsor(s) of a client may be entitled and could secure, such as SPOUSAL SUPPORT, annuities, pensions, retirement or disability benefits, veterans compensation and pensions, workers' compensation, Social Security retirement or disability benefits, SUPPLEMENTAL SECURTIY INCOME (SSI) benefits, and unemployment compensation.

Added missing types of income which are common to obtain.

No

3.510


“Potential resource” means a resource to which the client, spouse of a client, or sponsor(s) of a client has the legal ability to acquire or reacquire rights of ownership.

“Potential resource” means a resource to which the client, spouse of a client, or sponsor(s) of a client has the legal ability to acquire or reacquire rights of ownership, SUCH AS INHERITANCES, REAL AND PERSONAL PROPERTY, AND SETTLEMENTS.

Added examples to clarify.

No

3.510

New Rule Addition

“PREPONDERANCE OF EVIDENCE” MEANS THAT THE EVIDENCE MUST PREPONDERATE OVER, OR OUTWEIGH, EVIDENCE TO THE CONTRARY.


No

“Qualified non-citizen” means an individual who is not a citizen or national of the United States and who was lawfully admitted to the United States by the United States Citizenship and Immigration Services (USCIS) as an actual or prospective permanent resident or whose physical presence is known and allowed by the USCIS. A qualified non-citizen is defined as follows consistent with the provisions of federal regulations found at 45 CFR 1626.7 as of October 1, 2010, herein incorporated. This rule does not contain any later amendments or editions. Copies of these federal laws are available from the Colorado Department of Human Services, Director of the Employment and Benefits Division, 1575 Sherman Street, Denver, Colorado, 80203, or at any state publications library:

A. A non-citizen lawfully admitted for permanent residence;

B. A non-citizen paroled into the United States under Section 212(d)(5) of the Immigration and Naturalization Act (INA) for a period of at least 1 year;

C. A non-citizen granted conditional entry pursuant to Section 203(a)(7) of the INA prior to April 1, 1980;

D. A refugee under Section 207 of the INA;

E. An asylee under Section 208 of the INA;

F. A non-citizen whose deportation is withheld under Section 243(h) or 241(B)(3) of the INA;

G. A Cuban or Haitian entrant as defined in Section 501(3) of the Refuge Education Assistance Act of 1980;

H. A Victim of Severe Form of Trafficking who has been certified as such by the U.S. Dept. of Health and Human Services (HHS);

I. Iraqis and Afghans granted Special Immigrant Visa status under Section 101(A)(27) of the INA;

J. A non-citizen who has been battered or subjected to extreme cruelty in the U.S. by a family member;

K. A non-citizen admitted to the U.S. as an Amerasian immigrant pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (as amended by P.L. No. 100-461); or,

L. An individual who was born in Canada and possesses at least fifty percent (50%) American Indian blood or is a member of an Indian tribe as defined in 25 U.S.C. Sec. 450B(E).

“Qualified non-citizen” ALSO CALLED QUALIFIED ALIEN means an individual who is not a citizen or national of the United States and who was lawfully admitted to the United States by the United States Citizenship and Immigration Services (USCIS) as an actual or prospective permanent resident or whose physical presence is known and allowed by the USCIS. A qualified non-citizen is defined as follows, consistent with the provisions of federal regulations found at 45 CFR 1626.7 as of DECEMBER 30, 2016 October 1, 2010, WHICH ARE herein incorporated BY REFERENCE. This rule does not contain any later amendments or editions. THESE REGULATIONS ARE AVAILABLE AT NO COST AT HTTPS://WWW.ECFR.GOV/. THESE REGULATIONS ARE ALSO AVAILABLE FOR PUBLIC INSPECTION AND COPYING AT the Colorado Department of Human Services, Director of the Employment and Benefits Division, 1575 Sherman Street, Denver, Colorado, 80203, or at any state publications library DURING REGULAR BUSINESS HOURS.:

A.A non-citizen lawfully admitted for permanent residence;

B.A non-citizen paroled into the United States under Section 212(d)(5) of the Immigration and Naturalization Act (INA) for a period of at least 1 year;

C.A non-citizen granted conditional entry pursuant to Section 203(a)(7) of the INA prior to April 1, 1980;

D.A refugee under Section 207 of the INA;

E.An asylee under Section 208 of the INA;

F.A non-citizen whose deportation is withheld under Section 243(h) or 241(B)(3) of the INA;

G.A Cuban or Haitian entrant as defined in Section 501(3) of the Refuge Education Assistance Act of 1980;

H.A Victim of Severe Form of Trafficking who has been certified as such by the U.S. Dept. of Health and Human Services (HHS);

I.Iraqis and Afghans granted Special Immigrant Visa status under Section 101(A)(27) of the INA;

J.A non-citizen who has been battered or subjected to extreme cruelty in the U.S. by a family member;

K.A non-citizen admitted to the U.S. as an Amerasian immigrant pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (as amended by P.L. No. 100-461); or,

L.An individual who was born in Canada and possesses at least fifty percent (50%) American Indian blood or is a member of an Indian tribe as defined in 25 U.S.C. Sec. 450B(E).

Updated the CFR reference and reduced text as the list included is in the federal code and subject to adjustments.

No

3.510

New Rule Addition

"QUESTIONABLE"-NEW

“QUESTIONABLE” MEANS THE INFORMATION PROVIDED IS UNCLEAR OR CONFLICTING OR THE COUNTY HAS REASON TO BELIEVE THE FACTS PRESENTED ARE CONTRARY TO THE INFORMATION PROVIDED BY THE CLIENT.

New definition added to clarify the term questionable and indicate when additional verification may be necessary.

No

3.510

Rule Deletion

“Recipient” means a person who is currently receiving or previously received.

“Recipient” means a person who is currently receiving or previously received.

Definition was duplicative of client. The term client is used throughout for consistency.

No

3.510

Clarification

“Recovery” means the collection of a valid claim to repay benefits to which a client was not entitled.

“Recovery” means the collection of a valid claim to repay GRANT PAYMENTSbenefits to which a client was not entitled.

Clarified using the term grant payment which is now used throughout rule to reference the AF benefit.

No

3.510


“Resources” means real and personal property held as of the first day of a calendar month or as of the date of application if not counted as income for the application month.

“Resources” means real and personal property held as of the first day of a calendar month or as of the date of application if not counted as income IN THE SAME for the application month.

Clarifying to expand beyond just the application timeframe.

No

3.510

New Rule Addition

"SCHEDULED APPOINTMENT" OR "SCHEDULED INTERVIEW"- NEW

“SCHEDULED APPOINTMENT” OR “SCHEDULED INTERVIEW” MEANS AN APPOINTMENT OR INTERVIEW SET USING A STATE PRESCRIBED OR STATE APPROVED APPOINTMENT NOTICE PROVIDED TO THE CLIENT.

Included to ensure adequate notice is provided.

No

3.510

New Rule Addition

"SHELTER COSTS"- NEW

“SHELTER COSTS” MEANS MORTGAGE PAYMENTS, PROPERTY INSURANCE (IF REQUIRED), HOME OWNER ASSOCIATION DUES, RENT, GAS, ELECTRICITY, HEATING FUEL, WATER, SEWER, GARBAGE COLLECTION SERVICE, AND REAL PROPERTY TAXES. TELEPHONE, INTERNET AND TELEVISION PROVIDER SERVICES ARE NOT ALLOWABLE SHELTER COSTS.

Definition provides greater clarification of the items included in shelter costs.

No

3.510

New Rule Addition

“SIGNATURE"- NEW

“SIGNATURE” MEANS HANDWRITTEN SIGNATURES, ELECTRONIC SIGNATURE TECHNIQUES, RECORDED TELEPHONIC SIGNATURES, OR DOCUMENTED GESTURED SIGNATURES. A VALID HANDWRITTEN SIGNATURE INCLUDES A DESIGNATION OF AN X.

Definition provides what is acceptable for a signature on an application. Aligns with Food Assistance.

No

3.510


“Sponsor” means any person(s) who executed an affidavit of support or similar agreement with the United States Citizenship and Immigration Service (USCIS) on behalf of a non-citizen as a condition of entry into the United States.

“Sponsor” means any person(s) who executed an affidavit of support (INS USCIS FORM I-864 OR I-864A (MARCH 6, 2018) OR ANOTHER FORM DEEMED LEGALLY BINDING BY THE DEPARTMENT OF HOMELAND SECURITY or similar agreement with the United States Citizenship and Immigration Service (USCIS) on behalf of a non-citizen as a condition of THE NON-CITIZEN'S DATE OF entry OR ADMISSION into the United States AS A PERMANENT RESIDENT. THESE FORMS ARE HEREIN INCORPORATED BY REFERENCE. THIS RULE DOES NOT CONTAIN ANY LATER AMENDMENTS OR EDITIONS. THESE FORMS ARE AVAILABLE AT NO COST FROM HTTPS://WWW.USCIS.GOV/FORMS. THESE FORMS ARE ALSO AVAILABLE FOR PUBLIC INSPECTION AND COPYING AT THE COLORADO DEPARTMENT OF HUMAN SERVICES, DIRECTOR OF THE EMPLOYMENT AND BENEFITS DIVISION, 1575 SHERMAN STREET, DENVER, COLORADO, 80203, OR AT ANY STATE PUBLICATIONS LIBRARY DURING REGULAR BUSINESS HOURS.

Definition provides guidance regarding the types of forms utilized to obtain a sponsor and adds incorporation by reference.

No

3.510

New Rule Addition

“SSI BENEFIT STANDARD” MEANS THE MAXIMUM MONTHLY FEDERAL AMOUNT FOR A SSI RECIPIENT AS LISTED IN FEDERAL REGULATIONS FOUND AT 20 CFR 416.405-415 (2019), WHICH ARE HEREIN INCORPORATED BY REFERENCE. THIS RULE DOES NOT CONTAIN ANY LATER AMENDMENTS OR EDITIONS. THESE REGULATIONS ARE AVAILABLE FOR NO COST AT HTTPS://WWW.ECFR.GOV/. THESE REGULATIONS ARE ALSO AVAILABLE FOR PUBLIC INSPECTION AND COPYING AT THE COLORADO DEPARTMENT OF HUMAN SERVICES, DIRECTOR OF THE EMPLOYMENT AND BENEFITS DIVISION, 1575 SHERMAN STREET, DENVER, COLORADO, 80203, OR AT ANY STATE PUBLICATIONS LIBRARY DURING REGULAR BUSINESS HOURS.

Clarifies term used in deeming rules and adds incorporation by reference.

No

3.510


“State Department” means the Colorado Department of Human Services.

“State Department” OR “THE DEPARTMENT” means the Colorado Department of Human Services.

Added the term The Department which is used more commonly throughout the body of the rule.

No

3.510

New Rule Addition

“STATEWIDE AUTOMATED SYSTEM” MEANS THE ELECTRONIC PLATFORM USED TO CALCULATE PUBLIC ASSISTANCE PROGRAM BENEFITS AND GRANT PAYMENTS.

Added to define term used throughout rule.

No

3.510


“Termination” means that the client who is currently receiving Adult Financial program benefits is no longer eligible and his/her benefits will be stopped.

“Termination” means that the client who is currently receiving Adult Financial program GRANT PAYMENTS benefits is no longer eligible and his OR /her GRANT PAYMENTSbenefits will be stopped.

Updated to use the term Grant Payment which is used throughout rule to reference AF benefits.

No

3.510

New Rule Addition

"TIMELY NOTICE"- NEW

“TIMELY NOTICE” MEANS THE COUNTY SHALL GENERATE A NOTICE TO THE CLIENT AT LEAST ELEVEN (11) CALENDAR DAYS PRIOR TO THE INITIATION OF ANY DECREASE, SUSPENSION, TERMINATION, OR DISCONTINUANCE IN GRANT PAYMENTS OR SERVICES. THIS SHALL BE SENT TO HIS OR HER LAST KNOWN ADDRESS.

Definition necessary to ensure appropriate notice is given to individuals prior to a change in benefits.

No

3.510

Technical Clean-Up

“Transfer Without Fair Consideration (TWFC)” means a property transaction in which the proceeds of the transfer, assignment, or sale are less than the actual value of the resource.

“Transfer Without Fair Consideration” (TWFC)” means a property transaction in which the proceeds of the transfer, assignment, or sale are less than the actual value of the resource.

Updated where the “ is to align with other definitions.

No

3.510


“Unearned income” means any income that is not earned through employment or self-employment.

“Unearned income” means any income that is not earned through employment or self-employment. IT INCLUDES MONEY TRANSFERS, SUCH AS THE TRANSFER OF MONEY INTO ONE’S CHECKING ACCOUNT FROM THAT PERSON’S OR ANOTHER PERSON’S MONEY ACCOUNT REGARDLESS OF THE TYPE OF ACCOUNT, INCLUDING, BUT NOT LIMITED TO, SAVINGS ACCOUNT(S), RETIREMENT ACCOUNT(S), OR ANY OTHER TYPE OF MONEY ACCOUNT.


No

3.510

New Rule Addition

“UNINTENTIONAL" OR "WITHOUT INTENT”- NEW

“UNINTENTIONAL” OR “WITHOUT INTENT” MEANS AN ACT, OR SOMETHING DONE OR PERFORMED THAT WAS NOT VOLUNTARY OR INTENDED.


No

3.510


“Verification” means confirming the accuracy of statements, application information, and other case information by obtaining written, audio, or video evidence or other information that proves such fact or statement to be true.

“Verification” means confirming the accuracy of statements, application information, and other case information by obtaining written, audio, or OTHER video evidence or other information that proves such fact or statement to be true.

Removal of redundant language.

No

3.510

New Rule Addition

"VERIFIED UPON RECEIPT"- NEW

“VERIFIED UPON RECEIPT” MEANS INFORMATION THAT IS PROVIDED DIRECTLY FROM THE PRIMARY SOURCE AND IS NOT QUESTIONABLE AND NO ADDITIONAL VERIFICATION IS REQUIRED.

Added missing definition.

No

3.510

New Rule Addition

"WILLFUL"- NEW

“WILLFUL” MEANS THAT A PERSON IS AWARE THAT HIS OR HER CONDUCT IS PRACTICALLY CERTAIN TO CAUSE THE RESULT AS DESCRIBED IN SECTION 18-1-501(6), C.R.S.

Recommended addition by the Chief Adjudicator of appeals and aligns with statute.

No

3.510

New Rule Addition

"WILLFUL WITHHOLDING OF INFORMATION"-NEW

"WILLFUL WITHHOLDING OF INFORMATION" INCLUDES:

A.WILLFUL MISSTATEMENT INCLUDING UNDERSTATEMENT, OVERSTATEMENT, OR OMISSION, WHETHER VERBAL OR WRITTEN, MADE BY A CLIENT IN RESPONSE TO VERBAL OR WRITTEN QUESTIONS FROM THE COUNTY DEPARTMENT;

B.WILLFUL FAILURE BY A CLIENT TO REPORT CHANGES IN INCOME OR OTHER CIRCUMSTANCES WHICH MAY AFFECT THE AMOUNT OF GRANT PAYMENT; AND/OR,

C.WILLFUL FAILURE BY THE CLIENT TO REPORT RECEIPT OF A GRANT PAYMENT MADE BY THE COUNTY DEPARTMENT TO THE CLIENT WHICH THE CLIENT KNEW REPRESENTED AN OVERPAYMENT.

Definition alignment with Colorado Works for consistency.

No

3.510


“Withdrawal” means an application is not processed because the client who submitted the application withdraws his/her request for assistance prior to eligibility determination.

“WITHDRAW” OR “Withdrawal” means an application is not processed because the client who submitted the application withdraws his OR /her request for assistance prior to eligibility determination, OR REQUESTS HIS OR HER GRANT PAYMENT BE DISCONTINUED.

Modification necessary to capture term used most often in rules.

No

3.520.1


A. Information concerning public assistance programs shall be available to all persons in the community. Available information shall include:1. Benefits and programs available;2. Eligibility requirements;3. Related services; and,4. Rights and responsibilities of clients.

A.Information concerning public assistance programs shall be available to all persons in the community. Available information shall include:

1.Benefits and programs available;

2.Eligibility requirements;

3.Related services; and,

4.Rights and responsibilities of clients;

5.THE PROPERTY TAX/RENT/HEAT CREDIT (PTC) REBATE ELIGIBILITY INFORMATION AVAILABLE THROUGH THE COLORADO DEPARTMENT OF REVENUE; AND,

6. EARNED INCOME TAX CREDIT (EITC).

Add statutory requirement of the State and County Departments to provide outreach for the PTC program. Also added provision of info on EITC which is a great benefit for clients who have children or may be caring for grandchildren in the home.

No

B. The county department shall:

1. Receive applications and assist the client to complete the application and secure documentation when needed;

2. Provide language translation via an interpreter, as needed;

3. Inform the client of his/her responsibility to accurately and fully complete the application and provide documents to substantiate eligibility factors;

4. Inform the client that he/she may use friends, relatives, or other persons to assist in the completion of the application;

5. Inform the client, in writing at the time of application, that the county department shall use the client's Social Security Number (SSN) to obtain information available through the Income and Eligibility Verification System (IEVS) to verify income and that such information may be shared with other assistance programs, other states, the Social Security Administration, the Department of Labor and Employment, and the Child Support Enforcement program;

6. Refer the client to other agencies or services available in the community, such as food banks, Area Agencies on Aging, or the Division of Vocational Rehabilitation;

7. Refer the client to the other benefits for which he/she may be eligible;

8. Inform the client that he/she may terminate the application process at any time;

A decision by the applicant to “withdraw” shall be treated as a denial by the county department. The applicant shall be notified of the county department's action by the state approved Notice of Action form within ten (10) calendar days of the action.

9. Review applications and determine eligibility for assistance; and,

10. Calculate all claims, initiate recoveries, and prepare for and appear at all appeals.

B.The county department shall:

1.Receive applications AND DATE ALL APPLICATIONS and assist the client to complete the application and secure documentation when needed;

2.Provide language translation via an interpreter, as needed;

3.Inform the client of his OR /her responsibility to accurately and fully complete the application and provide documents to substantiate eligibility factors;

4.Inform the client that he OR /she may use friends, relatives, or other persons to assist in the completion of the application;

5.Inform the client, in writing at the time of application, that the county department shall use the client's Social Security Number (SSN) to obtain information available through the Income and Eligibility Verification System (IEVS) to verify income and that such information may be shared with other assistance programs, other states, the Social Security Administration, the Department of Labor and Employment, and the Child Support SERVICES Enforcement program;

6.CONDUCT AN EVALUATION OF NEEDS RELATED TO THE CLIENT’S HEALTH AND WELL-BEING. BASED ON IDENTIFIED NEEDS, THE COUNTY WORKER WILL RRefer the client to other agencies or services available in the community, such as food banks, Area Agencies on Aging (AAA), AGING AND DISABILITY RESOURCES FOR COLORADO (ADRC), or the Division of Vocational Rehabilitation (DVR);

7.Refer the client to the other benefits for which he OR /she may be eligible;

8.Inform the client that he OR /she may terminate the application process at any time;

A decision by the applicant CLIENT to “withdraw” shall be treated as a denial by the county department. The applicant CLIENT shall be notified of the county department's action by the state approved Notice of Action form within ELEVEN (11) ten (10) calendar days of the action.

9.Review applications, MAKE NECESSARY COLLATERAL CONTACTS OR REQUEST ANY NEEDED VERIFICATION, and determine eligibility for assistance; and,

10.Calculate all claims, initiate recoveries, and prepare for and appear at all appeals.

Modify rule to include additional referrals the county should give the client. Also clarifies the requirement to request verification and obtain collateral contacts.

No

C. The county department shall require a written application, signed under penalty of perjury, using the State Department's prescribed public assistance application form. The application form shall be used as the primary source of information and shall contain, at a minimum:

1. The name, date of birth, and residence of the client;

2. The program(s) requested by the client;

3. A list of all income and resources available to the client at the time of application;

4. Any other information required by state and federal law or regulation; and,

5. The signature of the client, parent, legal guardian, or authorized representative.

a. A client who may be partially or totally illiterate or cannot write his/her name shall make a mark.

b. The mark shall be witnessed by the signature and address of at least one witness.

c. A county department staff member may act as witnesses if he/she is not related to the client; and,

6. The date of application shall be the first working day the county department receives a signed application form, indicating the client's desire to receive public assistance benefits.

7. Incomplete applications shall be denied.

C.The county department shall require a written application, signed under penalty of perjury, using the State Department's prescribed public assistance application form. THE DATE OF APPLICATION SHALL BE THE FIRST WORKING DAY THE COUNTY DEPARTMENT RECEIVES A SIGNED APPLICATION FORM, INDICATING THE CLIENT'S DESIRE TO RECEIVE PUBLIC ASSISTANCE BENEFITS. INCOMPLETE APPLICATIONS SHALL BE DENIED FOLLOWING THE POLICIES OUTLINED IN SECTION 3.554. FOR CLIENTS WHO HAVE BEEN COMMITTED TO A FACILITY BY ORDER OF THE DISTRICT OR PROBATE COURT OR WHO HAVE BEEN MADE A WARD OF THE STATE, APPLICATION FOR AN ADULT FINANCIAL PROGRAM SHALL BE COMPLETED BY THE FACILITY'S ADMINISTRATION OR THE CLIENT'S GUARDIAN. The application form shall be used as the primary source of information and TO BE CONSIDERED COMPLETE, shall contain, at a minimum:

1.The name, date of birth, and residence of the client;

2.The program(s) requested by the client;

3.A list of all income and resources available to the client at the time of application;

4.Any other information required by state and federal law or regulation; and,

5.The NAME OF THE APPLICANT AND signature of the APPLICANT client, parent, legal guardian, FACILITY ADMINISTRATION or authorized representative AND AN ADDRESS FOR THE APPLICANT WHICH CAN INCLUDE GENERAL DELIVERY OR A COUNTY OFFICE. IF AN ADDRESS IS NOT PROVIDED, ANOTHER MEANS OF CONTACT SUCH AS PHONE NUMBER OR EMAIL ADDRESS SHALL BE UTILIZED TO OBTAIN AN ADDRESS.

A CLIENT WHO MAY BE PARTIALLY OR TOTALLY ILLITERATE CAN SATISFY THE SIGNATURE REQUIREMENT BY:

1.a.A client who may be partially or totally illiterate or cannot write his/her name shall makeMAKING a mark ON THE SIGNATURE LINE.

2.b.The mark shall be witnessed by AT LEAST ONE OTHER INDIVIDUAL. THE WITNESS SHALL PROVIDE HIS OR HER OWNthe signature and address NEXT TO THE CLIENT’S MARK IN THE SIGNATURE BLOCK of at least one witness.

3.c.A county department staff member may act as witnesses if he OR /she is not related to the client.; and,

6.The date of application shall be the first working day the county department receives a signed application form, indicating the client's desire to receive public assistance benefits.

7.Incomplete applications shall be denied.

Rule changed to align with Food Assistance of what information is necessary to accept an application. Further input provided during the work group so does not fully align with Food Assistance.

No

3.520.1


D. The client shall be required to answer all applicable questions on the application form. If the client does not answer any question(s) in writing on the form, the question(s) shall be asked of the client during the interview and the client must provide an answer at that time.

D.The client shall be required to answer all applicable questions on the application form. If the client does not answer any question(s) in writing on the form, the question(s) shall be asked of the client during the interview and the client must provide an answer at that time. ANY QUESTIONS NOT ANSWERED IN WRITING ON THE APPLICATION SHALL BE ASKED OF THE CLIENT DURING THE INTERVIEW AND THE CLIENT MUST PROVIDE AN ANSWER AT THAT TIME. THE RESPONSE MUST BE DOCUMENTED ON THE APPLICATION OR ENTERED INTO THE STATEWIDE AUTOMATED SYSTEM.

Clarifies that information not initially declared by the applicant must be updated on the application or within CBMS.

No

3.520.1

New Rule Addition

NEW

G.THE CLIENT HAS THE RIGHT TO DECIDE HOW TO USE HIS OR HER GRANT PAYMENT. THE COUNTY DEPARTMENT SHALL NOT:

1.IMPOSE ANY RESTRICTION, EITHER DIRECT OR IMPLIED, ON A CLIENT’S USE OF HIS OR HER GRANT PAYMENT INCLUDING, BUT NOT LIMITED TO, REQUESTING A CLIENT TO PROVIDE RECEIPTS OR PROOF OF HOW THE MONEY HAS BEEN SPENT; OR,

2.REQUIRE THE CLIENT TO ACCOUNT FOR THE USE OF THE GRANT PAYMENT, EXCEPT FOR THE ELECTRONIC BENEFITS TRANSFER (EBT) CARD POINT OF SALE LIMITATIONS LISTED IN 26-2-104(2), C.R.S.; OR,

3.GIVE ASSISTANCE TO CREDITORS IN THE COLLECTION OF THE CLIENT’S DEBTS.

Alignment with Colorado Works for consistency.

No

3.520.1

Incorporation of 9 C.C.R. 2503-8

NEW

H.EACH CLIENT OF FINANCIAL ASSISTANCE PROVIDED UNDER ADULT FINANCIAL PROGRAMS, SHALL RECEIVE PRIOR WRITTEN NOTICE OF ANY AGENCY ACTION AFFECTING HIS OR HER ELIGIBILITY FOR OR RECEIPT OF GRANT PAYMENTS.

1.THE CLIENT SHALL BE NOTIFIED IN WRITING OF COUNTY DEPARTMENT APPROVAL OF:

A.AN APPLICATION FOR FINANCIAL ASSISTANCE THROUGH THE ADULT FINANCIAL PROGRAMS;

B.AN INCREASE IN THE AMOUNT OF GRANT PAYMENT. TO THE EXTENT PRACTICABLE, NOTICE SHALL BE IN HIS OR HER PRIMARY LANGUAGE AND SHALL BE MAILED OR DELIVERED WITHIN ELEVEN CALENDAR DAYS AFTER THE DETERMINATION IS MADE. IF THE CLIENT NEEDS ASSISTANCE IN UNDERSTANDING THE ACTION, THE ACTION SHALL BE EXPLAINED VERBALLY.

C.IF THE CLIENT IS DISSATISFIED WITH THE EFFECTIVE DATE OF ELIGIBILITY, OR THE AMOUNT OR TYPE OF ASSISTANCE AUTHORIZED, HE OR SHE HAS THE RIGHT TO A COUNTY CONFERENCE AND/OR STATE LEVEL FAIR HEARING.

2.A CLIENT SHALL BE GIVEN NOTICE OF ANY ACTION BY THE COUNTY DEPARTMENT, OR ANY PERSON OR AGENCY ACTING ON ITS BEHALF, WHICH ADVERSELY AFFECTS THE CLIENT’S ELIGIBILITY FOR, OR RIGHT TO GRANT PAYMENTS AUTHORIZED UNDER THE ADULT FINANCIAL PROGRAMS. FAILURE TO GIVE NOTICE OF AN ADVERSE ACTION SHALL BE GROUNDS FOR SETTING ASIDE THE ACTION ON APPEAL. THE NOTICE MUST MEET THE FOLLOWING STANDARDS:

A.THE NOTICE MUST BE IN WRITING; AND,

B.IT MUST DESCRIBE CLEARLY AND IN PLAIN LANGUAGE THE ACTION TO BE TAKEN AND THE REASON(S) FOR THE ACTION; AND,

C.IT MUST REFER SPECIFICALLY BY NUMBER TO THE SECTION(S) OF THE STATE DEPARTMENT'S RULES THAT REQUIRE OR PERMIT THE ACTION BEING TAKEN, OR CITE THE SPECIFIC CHANGES IN FEDERAL OR STATE LAW REQUIRING THE ACTION; AND,

D.IT MUST STATE THE EFFECTIVE DATE OF THE PROPOSED ACTION; AND,

E.IT MUST EXPLAIN THE CLIENT’S RIGHT TO REQUEST A COUNTY CONFERENCE AND STATE LEVEL FAIR HEARING, THE TIME PERIOD FOR REQUESTING A CONFERENCE OR HEARING, AND THE STEPS WHICH MUST BE TAKEN TO OBTAIN A CONFERENCE OR HEARING; AND,

F.IT MUST EXPLAIN THE CLIENT'S RIGHT TO CONTINUED GRANT PAYMENTS AND THE OBLIGATION TO REPAY IF IT IS DETERMINED THAT THE CLIENT WAS NOT ELIGIBLE TO RECEIVE THEM; AND,

G.IT MUST INFORM THE CLIENT OF HIS OR HER RIGHT TO BE REPRESENTED OR ASSISTED BY LEGAL COUNSEL, A RELATIVE, A FRIEND OR A SPOKESPERSON OF HIS OR HER CHOOSING; AND,

H.TO THE EXTENT PRACTICABLE, NOTICE SHALL BE IN HIS OR HER PRIMARY LANGUAGE. IF HE OR SHE IS ILLITERATE, THE ACTION SHALL ALSO BE EXPLAINED VERBALLY.

3.ANY NEGATIVE ACTION TAKEN ON THE CASE SHALL BE PRECEDED BY A TIMELY NOTICE PERIOD OF AT LEAST ELEVEN (11) CALENDAR DAYS. THE 11 DAY TIMELY NOTICE PERIOD CONSTITUTES THE PERIOD DURING WHICH ASSISTANCE IS CONTINUED AND NO NEGATIVE ACTION IS TO BE TAKEN DURING THIS TIME UNLESS DESCRIBED IN SECTION 3.554.

4.WHEN CHANGES IN EITHER STATE OR FEDERAL LAW REQUIRE GRANT PAYMENT ADJUSTMENTS FOR ALL PERSONS RECEIVING ADULT FINANCIAL ASSISTANCE, ADEQUATE NOTICE SHALL INCLUDE:

A.A STATEMENT OF THE INTENDED ACTION;

B.THE REASONS FOR SUCH ACTION;

C.THE SPECIFIC CHANGE IN LAW REQUIRING SUCH ACTION; AND,

D.THE CIRCUMSTANCES UNDER WHICH A COUNTY CONFERENCE AND/OR STATE LEVEL FAIR HEARING MAY BE OBTAINED AND FINANCIAL ASSISTANCE CONTINUED. A COUNTY CONFERENCE OR STATE LEVEL FAIR HEARING NEED NOT BE GRANTED UNLESS THE REASON FOR AN INDIVIDUAL APPEAL IS INCORRECT GRANT COMPUTATION.

Addition of rules from previous Section 3.800

No

3.520.1


NEW

I.A CLIENT WHO DISAGREES WITH A PROPOSED ACTION HAS THE RIGHT TO:

1.A COUNTY CONFERENCE THAT MUST BE REQUESTED NO LATER THAN NINETY (90) CALENDAR DAYS FROM THE DATE THE NOTICE OF ACTION IS MAILED TO THE CLIENT;

2.A STATE LEVEL FAIR HEARING BEFORE AN ALJ WHICH CAN BE REQUESTED IF THE CLIENT DOES NOT WISH TO UTILIZE THE COUNTY CONFERENCE TO RESOLVE THE DISPUTE OR IS DISSATISFIED WITH THE OUTCOME OF THE COUNTY CONFERENCE. THE CLIENT MUST SUBMIT A WRITTEN REQUEST FOR A FAIR HEARING BY MAIL OR DELIVERY TO THE OAC NO LATER THAN NINETY (90) CALENDAR DAYS FROM THE DATE THE NOTICE OF ACTION IS MAILED TO THE CLIENT;

3.JUDICIAL REVIEW OF THE FINAL AGENCY DECISION IN THE APPROPRIATE STATE DISTRICT COURT, AFTER EXHAUSTING THE ADMINISTRATIVE APPEAL RIGHTS GRANTED UNDER THESE RULES; AND,

4.CONTINUED GRANT PAYMENTS AS DESCRIBED IN SECTION 3.554.

Addition of rules from previous Section 3.800. Alignment with Food Assistance on continued benefits.

No

3.520.1


NEW

J.CLIENT CONFIDENTIALITY MUST BE TREATED AS FOLLOWS:

1.ALL INFORMATION OBTAINED BY THE COUNTY DEPARTMENT CONCERNING A CLIENT OF ADULT FINANCIAL PROGRAMS IS CONFIDENTIAL INFORMATION.

A.THE COUNTY DEPARTMENT SHALL INFORM COUNTY OFFICIALS AND OTHER PERSONS WHO HAVE DEALINGS WITH THE DEPARTMENT AS TO THE CONFIDENTIAL NATURE OF PERSONALLY IDENTIFIABLE INFORMATION, WHICH MAY COME INTO THEIR POSSESSION THROUGH TRANSACTION OF DEPARTMENT BUSINESS.

WHEN A COUNTY WORKER CONSULTS A BANK, CURRENT/ FORMER EMPLOYER OF A CLIENT, ANOTHER SOCIAL AGENCY, AND OTHER SIMILAR AGENCIES, TO OBTAIN INFORMATION OR ELIGIBILITY VERIFICATION INFORMATION, THE IDENTIFICATION OF THE COUNTY WORKER AS AN EMPLOYEE OF THE COUNTY DEPARTMENT CAN, IN ITSELF, DISCLOSE THAT AN APPLICATION FOR ASSISTANCE HAS BEEN MADE BY A CLIENT. IN THIS TYPE OF CONTACT, AS WELL AS OTHER COMMUNITY CONTACTS, THE DEPARTMENT SHALL MAINTAIN CONFIDENTIALITY WHENEVER POSSIBLE.

B.ENSURING PRIVACY WHILE INTERVIEWING AND THE CONTINUOUS CONFIDENTIALITY OF INFORMATION IS ESSENTIAL. THIS INVOLVES BOTH OFFICE FACILITIES AND COUNTY WORKER DISCRETION. OFFICE PROCEDURES AND FACILITIES SHOULD BE SUCH THAT INFORMATION IS NOT INADVERTENTLY REVEALED TO PERSONS NOT CONCERNED WITH THE AFFAIRS OF A PARTICULAR CLIENT. THE COUNTY WORKER MUST ALSO USE DISCRETION IN MENTIONING DEPARTMENT BUSINESS OUTSIDE THE OFFICE.

2.GENERAL INFORMATION NOT IDENTIFIED WITH ANY CLIENT IS NOT CONFIDENTIAL AND MAY BE RELEASED FOR ANY PURPOSE.

3.INFORMATION SECURED BY THE COUNTY DEPARTMENT FOR THE PURPOSE OF DETERMINING ELIGIBILITY AND NEED IS CONFIDENTIAL.

4.UNLESS DISCLOSURE IS SPECIFICALLY PERMITTED BY THE STATE DEPARTMENT, THE FOLLOWING TYPES OF INFORMATION ARE THE EXCLUSIVE PROPERTY OF, AND ARE RESTRICTED TO USE BY, THE STATE AND COUNTY DEPARTMENTS:

A.NAMES AND ADDRESSES OF ADULT FINANCIAL CLIENTS, AND/OR THE GRANT PAYMENT AMOUNT;

B.INFORMATION CONTAINED IN APPLICATIONS, REPORTS OF MEDICAL EXAMINATIONS, CORRESPONDENCE, AND OTHER INFORMATION CONCERNING ANY PERSON FROM WHOM, OR ABOUT WHOM, INFORMATION IS OBTAINED BY THE COUNTY DEPARTMENT;

C.RECORDS OF STATE OR COUNTY DEPARTMENTAL EVALUATIONS OF THE ABOVE INFORMATION.

D.ALL INFORMATION OBTAINED THROUGH THE INCOME AND ELIGIBILITY VERIFICATION SYSTEM (IEVS).

5.NO ONE OUTSIDE THE STATE OR COUNTY DEPARTMENT SHALL HAVE ACCESS TO RECORDS OF THE DEPARTMENT EXCEPT FOR THE FOLLOWING INDIVIDUALS: THOSE EXECUTING THE INCOME AND ELIGIBILITY VERIFICATION SYSTEM (IEVS); CHILD SUPPORT SERVICES OFFICIALS; THE SSA; FEDERAL AND STATE AUDITORS AND PRIVATE AUDITORS FOR THE COUNTY; AND SINGLE ENTRY POINTS. THESE INDIVIDUALS SHALL HAVE ACCESS ONLY FOR PURPOSES NECESSARY FOR THE ADMINISTRATION OF THE PROGRAM.

A. CLIENT RECORDS MAY BE USED AS EXHIBITS FOR ADMINISTRATIVE, CIVIL AND/OR CRIMINAL PROCEEDINGS WHEN THE PROCEEDINGS RELATE DIRECTLY TO THE RECEIPT OF ADULT FINANCIAL PROGRAMS.

B. ADDITIONAL INDIVIDUALS SHALL HAVE ACCESS TO THE CLIENT’S RECORDS AS LONG AS THE CLIENT IS NOTIFIED AND HIS OR HER PRIOR PERMISSION FOR RELEASE OF INFORMATION IS OBTAINED, UNLESS THE INFORMATION IS TO BE USED TO VERIFY INCOME OR ELIGIBILITY UNDER ADMINISTRATION OF THE IEVS.

C. IF THE INFORMATION IS NEEDED TO PROVIDE BENEFITS TO A CLIENT IN AN EMERGENCY SITUATION, AND THE CLIENT IS PHYSICALLY OR MENTALLY INCAPACITATED TO THE EXTENT THAT HE OR SHE CANNOT SIGN THE RELEASE FORM, AND TIME DOES NOT PERMIT OBTAINING THE CLIENT’S CONSENT PRIOR TO RELEASE OF INFORMATION, THE COUNTY DEPARTMENT MUST NOTIFY THE CLIENT WITHIN ELEVEN (11) CALENDAR DAYS AFTER SUPPLYING THE INFORMATION. IF THE APPLICANT OR CLIENT DOES NOT HAVE A TELEPHONE OR CANNOT BE PERSONALLY CONTACTED WITHIN ELEVEN (11) DAYS, THE COUNTY DEPARTMENT MUST SEND WRITTEN NOTIFICATION CONTAINING THE REQUIRED INFORMATION. THE VERBAL OR WRITTEN NOTIFICATION SHALL INCLUDE THE NAME AND ADDRESS OF THE AGENCY THAT REQUESTED THE INFORMATION, THE REASON THE INFORMATION WAS REQUESTED AND A SUMMARY OF THE INFORMATION RELEASED.

D. THE FOLLOWING INDIVIDUALS SHALL HAVE ACCESS TO THE RECORDS OF THE DEPARTMENT, EXCLUDING IEVS INFORMATION, IF THE PREVIOUSLY IDENTIFIED CONSENT OR NOTICE CONDITIONS ARE MET:

1.A DISTRICT ATTORNEY UPON PRESENTATION OF A WRITTEN REQUEST ACCOMPANIED BY EVIDENCE THAT FRAUD IS THE REASON FOR THE REQUEST.

2.A COUNTY HUMAN SERVICES BOARD MEMBER, AS DESCRIBED IN SECTION 26-1-116, C.R.S.

E. WHEN A COUNTY BOARD MEMBER OR A DISTRICT ATTORNEY NEEDS INFORMATION ABOUT A CLIENT THAT IS NOT IN THE POSSESSION OF THE COUNTY DEPARTMENT, THE REQUESTOR, WITH THE AID OF THE COUNTY DEPARTMENT, MAY CONTACT THE STATE DEPARTMENT TO INQUIRE AS TO THE APPROPRIATE METHODS OF SECURING IT.

F. THE RELEASE OF RECORDS IS STRICTLY CONDITIONED UPON THE INFORMATION BEING USED SOLELY FOR THE PURPOSE AUTHORIZED AND THE PERSON REQUESTING THE INFORMATION MUST CERTIFY THE USE TO BE MADE OF THE INFORMATION AND THAT IT WILL NOT BE DISCLOSED OR USED FOR ANY OTHER PURPOSE.

6.COUNTY DEPARTMENTS SHALL NOT RELEASE INFORMATION REGARDING APPLICANTS OR CLIENTS TO LAW ENFORCEMENT AGENCIES UNLESS A VALID SEARCH WARRANT IS RECEIVED BY THE COUNTY OR STATE DEPARTMENT, EXCEPT AS PROVIDED IN SECTION 3.520.1.J.5.A.

7.UPON REQUEST TO THE STATE DEPARTMENT BY THE COLORADO BUREAU OF INVESTIGATION, WITH THE RESPONSIBILITY FOR LOCATION AND APPREHENSION OF FLEEING FELONS (I.E., A PERSON WITH AN OUTSTANDING FELONY ARREST WARRANT), THE ADDRESSES OF A FLEEING FELON WHO IS A CLIENT OF ADULT FINANCIAL PROGRAMS SHALL BE RELEASED PURSUANT TO SECTION 26-1-114(3)(A)(III) C.R.S.

8.THE CLIENT SHALL HAVE AN OPPORTUNITY TO EXAMINE SUCH PERTINENT RECORDS CONCERNING HIM OR HER AS CONSTITUTES A BASIS FOR ADVERSE ACTION AND IN THE CASE OF A COUNTY CONFERENCE OR A STATE LEVEL FAIR HEARING. OTHER REQUESTS FOR INFORMATION BY THE CLIENT SHALL BE HONORED ONLY WHEN THE CLIENT MAKES THE REQUEST IN PERSON AND HIS OR HER IDENTITY IS VERIFIED OR THE REQUEST IS IN THE FORM OF A WRITTEN AND SIGNED STATEMENT.

THE CLIENT MAY DESIGNATE AN INDIVIDUAL, FIRM, OR AGENCY TO REPRESENT HIM OR HER AT CONFERENCES AND HEARINGS. THE CLIENT MUST PUT THE DESIGNATION OF SUCH REPRESENTATIVE IN WRITING. THE REPRESENTATIVE SHALL HAVE ACCESS TO ALL PERTINENT RECORDS.

9.THE CLIENT MAY GIVE A FORMAL WRITTEN RELEASE FOR DISCLOSURE OF INFORMATION TO OTHER AGENCIES, SUCH AS HOSPITALS OR ADVOCATE AGENCIES. IF THE CLIENT IS NOT PRESENT, OR THE OPPORTUNITY TO AGREE OR OBJECT TO THE USE OR DISCLOSURE CANNOT PRACTICABLY BE PROVIDED BECAUSE OF THE CLIENT’S INCAPACITY OR AN EMERGENCY CIRCUMSTANCE, THE DEPARTMENT MAY, IN THE EXERCISE OF PROFESSIONAL JUDGMENT, DETERMINE WHETHER THE DISCLOSURE IS IN THE BEST INTERESTS OF THE CLIENT AND, IF SO, DISCLOSE ONLY THE MINIMUM PROTECTED HEALTH INFORMATION NECESSARY THAT IS DIRECTLY RELEVANT TO THE CLIENT’S CARE.

10.INFORMATION PROVIDED TO AGENCIES AND/ OR INDIVIDUALS MUST BE LIMITED TO THE SPECIFIC INFORMATION REQUIRED TO DETERMINE ELIGIBILITY, CONDUCT ONGOING CASE MANAGEMENT, OR OTHERWISE NECESSARY FOR THE ADMINISTRATION OF THE ADULT FINANCIAL PROGRAM. INFORMATION OBTAINED THROUGH IEVS WILL BE STORED AND PROCESSED SO THAT NO UNAUTHORIZED PERSONNEL CAN ACQUIRE OR RETRIEVE THE INFORMATION. COUNTY DEPARTMENTS ARE RESPONSIBLE FOR LIMITING IEVS DATA TO ONLY THOSE INDIVIDUALS REQUIRING ACCESS TO DETERMINE ELIGIBILITY OR OTHERWISE ADMINISTER THE PROGRAMS.

ALL PERSONS WITH ACCESS TO INFORMATION OBTAINED PURSUANT TO THE INCOME AND ELIGIBILITY VERIFICATION REQUIREMENTS WILL BE ADVISED OF THE CIRCUMSTANCES UNDER WHICH ACCESS IS PERMITTED, HOW DATA WILL BE UTILIZED, CONFIDENTIALITY OF DATA, AND THE SANCTIONS IMPOSED FOR ILLEGAL USE OR DISCLOSURE OF THE INFORMATION.

Addition of rules from previous Section 3.800.

No

3.520.1


NEW

Addition of rules from previous Section 3.800.

No

3.520.1


NEW

K.COUNTY DEPARTMENTS AND CONTRACTORS ARE TO ADMINISTER ADULT FINANCIAL PROGRAMS IN SUCH A MANNER THAT NO PERSON WILL, ON THE BASIS OF RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, ANCESTRY, SEX/GENDER (INCLUDING TRANSGENDER STATUS), PREGNANCY, AGE, SEXUAL ORIENTATION, GENDER IDENTITY, POLITICAL AFFILIATION, OR PHYSICAL OR MENTAL DISABILITY, OR ANY OTHER PROTECTED GROUPS AS DESCRIBED IN THE STATE DEPARTMENT’S ANTI-DISCRIMINATION POLICY, BE EXCLUDED FROM PARTICIPATION, BE DENIED ANY AID, CARE, OR SERVICES, OR OTHER BENEFITS OF, OR BE OTHERWISE SUBJECTED TO DISCRIMINATION IN HIS OR HER INTERACTIONS WITH ADULT FINANCIAL PROGRAMS.

1.THE REFERENCES TO "AID" INCLUDES ALL FORMS OF ASSISTANCE, INCLUDING INFORMATION AND REFERRAL SERVICES.

2.THE COUNTY DEPARTMENT SHALL NOT, DIRECTLY OR THROUGH CONTRACTUAL OR OTHER ARRANGEMENTS, ON THE BASIS OF RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, ANCESTRY, SEX/GENDER (INCLUDING TRANSGENDER STATUS), PREGNANCY, AGE, SEXUAL ORIENTATION, GENDER IDENTITY, POLITICAL AFFILIATION, OR PHYSICAL OR MENTAL DISABILITY, OR ANY OTHER PROTECTED STATUS:

A.PROVIDE ANY AID TO AN INDIVIDUAL THAT IS DIFFERENT, OR IS PROVIDED IN A DIFFERENT MANNER, FROM THAT PROVIDED TO OTHERS;

B.SUBJECT AN INDIVIDUAL TO SEGREGATION BARRIERS OR SEPARATE TREATMENT IN ANY MANNER RELATED TO ACCESS TO OR RECEIPT OF ASSISTANCE, CARE, SERVICES, OR OTHER BENEFITS;

C.RESTRICT AN INDIVIDUAL IN ANY WAY IN THE ENJOYMENT OR ANY ADVANTAGE OR PRIVILEGE ENJOYED BY OTHERS RECEIVING AID PROVIDED UNDER ADULT FINANCIAL PROGRAMS;

D.TREAT AN INDIVIDUAL DIFFERENTLY FROM OTHERS IN DETERMINING WHETHER HE OR SHE SATISFIES ANY ELIGIBILITY OR OTHER REQUIREMENTS OR CONDITIONS WHICH INDIVIDUALS MUST MEET IN ORDER TO RECEIVE AID, SERVICES, CARE, OR OTHER BENEFITS PROVIDED UNDER ADULT FINANCIAL PROGRAMS;

E.DENY AN INDIVIDUAL AN OPPORTUNITY TO PARTICIPATE IN ASSISTANCE PROGRAMS THROUGH THE PROVISION OF SERVICES OR OTHERWISE, OR AFFORD HIM OR HER AN OPPORTUNITY TO DO SO WHICH IS DIFFERENT FROM THAT AFFORDED TO OTHERS UNDER PROGRAMS OF ASSISTANCE.

F.DENY AN INDIVIDUAL THE OPPORTUNITY TO PARTICIPATE AS A MEMBER OF A PLANNING OR ADVISORY BODY THAT IS AN INTEGRAL PART OF THE PROGRAM.

3.NO DISTINCTION IS PERMITTED IN RELATION TO THE USE OF PHYSICAL FACILITIES, INTAKE AND APPLICATION PROCEDURES, CASELOAD ASSIGNMENTS, DETERMINATION OF ELIGIBILITY, AND THE AMOUNT AND TYPE OF BENEFITS EXTENDED BY THE COUNTY DEPARTMENT TO CLIENTS.

4.THE COUNTY DEPARTMENT SHALL ENSURE THAT OTHER NON-FEDERAL AGENCIES, PERSONS, CONTRACTORS AND OTHER ENTITIES WITH WHICH IT CONTRACTS BUSINESS ARE IN COMPLIANCE WITH THE ABOVE PROHIBITION AGAINST DISCRIMINATION REQUIREMENTS ON A CONTINUING BASIS. THE COUNTY DEPARTMENT STAFF IS RESPONSIBLE FOR BEING ALERT TO ANY DISCRIMINATORY ACTIVITY OF OTHER AGENCIES AND FOR NOTIFYING THE STATE DEPARTMENT CONCERNING THE SITUATION.

5.THE STATE DEPARTMENT, THROUGH ITS VARIOUS CONTACTS WITH AGENCIES, PERSONS, AND REFERRAL SOURCES, WILL BE CONTINUOUSLY ALERT TO DISCRIMINATORY ACTIVITY AND WILL TAKE APP

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