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Repealed Rules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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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.
Addition of rules from previous Section 3.800 required new
definition.
No
3.510
Clarification Needed
“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
Clarification Needed
“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.
Addition of rules from previous Section 3.800 required new
definition.
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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
“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.
Recommended addition by the Chief Adjudicator of appeals.
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.
Recommended addition by the Chief Adjudicator of appeals.
No
3.510
Clarification Needed
“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
Clarification Needed
“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
Clarification Needed
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
Clarification Needed
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
Incorporation of 9 C.C.R. 2503-8
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
Incorporation of 9 C.C.R. 2503-8
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
Incorporation of 9 C.C.R. 2503-8
NEW
Addition of rules from previous Section 3.800.
No
3.520.1
Incorporation of 9 C.C.R. 2503-8
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