§ 26-2-122.4. Home care allowance grant program - rules - report - repeal

CO Rev Stat § 26-2-122.4 (2018) (N/A)
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(1) There is hereby established in the state department the home care allowance grant program, referred to in this section as the "program", to provide assistance to certain individuals who were receiving home care allowance but are no longer eligible to receive such assistance. To be eligible for a grant under the program, an individual shall:

(a) Have been receiving home care allowance under section 26-2-122.3 at any time during the period beginning September 1, 2011, and ending December 31, 2011;

(b) No longer be eligible to receive home care allowance because the individual is on either the home- and community-based supported living services waiver or the children's extensive services waiver, or any successor waiver;

(c) Have been within one thousand dollars of his or her maximum benefit under the applicable waiver at any time during the period beginning September 1, 2011, and ending December 31, 2011;

(d) Meet any other eligibility requirements established by the state board by rule; and

(e) Submit an application to the state department.

(2) (a) As soon as practicable after March 22, 2012, the state board shall adopt rules governing the program, including but not limited to information required in an application, standards for eligibility, requirements for eligibility redeterminations, and the amount of any grant.

(b) Subject to available appropriations, the state department may provide to an individual eligible pursuant to subsection (1) of this section a grant in an amount consistent with the benefits available for an eligible person under the home care allowance program. For eligible individuals, the grants may be made retroactive to January 1, 2012. The state department shall administer the program in a manner that will facilitate rapid implementation and minimize administrative costs.

(3) It is the intent of the general assembly that moneys for the program come from the moneys appropriated for home care allowance benefits and that any moneys appropriated for the program that are unused may be used to provide additional benefits under the home care allowance program.

(4) (a) On or before October 15, 2016, the state department shall submit a written report on the program to the health and human services committee of the senate, or any successor committee, the health and environment committee of the house of representatives, or any successor committee, and to the joint budget committee of the general assembly. As part of the report, the state department shall solicit feedback from grant recipients and their families. The report shall include information on the number of grant recipients, the cost of the program, and the effect of repeal of the program on grant recipients and their families.

(b) This section is repealed one year after the date that a consumer-directed service delivery option is available for homemaker, personal care, and medical support services for individuals who are receiving home-based and community-based services pursuant to the supported living services waiver. The executive director of the state department and the executive director of the department of health care policy and financing shall jointly notify the revisor of statutes in writing when the condition specified in this subsection (4)(b) has occurred by e-mailing the notice to . This section is repealed upon the date identified in the notice that the condition specified in this subsection (4)(b) occurred or upon the date of the notice to the revisor of statutes if the notice does not specify a different date.