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Second Regular Session
Sixty-first General Assembly
LLS NO. 980204.01 DFH SENATE BILL 98029
STATE OF COLORADO
BY SENATORS Weddig and Lacy;
also REPRESENTATIVES Epps, Lawrence, and Pankey.
A BILL FOR AN ACT
CONCERNING THE PROGRAM FOR AID TO THE NEEDY DISABLED.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Interim Committee on Old Age Pension Program. Increases the amount of the cash grant to recipients of aid to the needy disabled (AND) over a 5year period. Provides that at the end of the 5year period, the amount of the AND grant will be equivalent to the supplemental security income (SSI) grant standard.
Directs that the rules of the state department of human services governing the AND program shall require recipients who may be eligible for federal or state benefits to apply for and pursue receipt of those benefits.
Creates a statefunded health and medical care program to provide health care benefits for AND recipients. Authorizes the department of health care policy and financing to administer the program. Directs the state board of medical services to promulgate rules for administering the program, including but not limited to defining the services provided and establishing measures to contain costs and utilization of medical services, such as the use of copayments, managed care requirements, and limitations on provider rates.
Makes conforming amendments.
Makes this act effective only if the constitutional
amendment making changes to the old age pension program is approved
by the voters at the 1998 general election.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 262119, Colorado Revised Statutes, is amended to read:
262119. Amount of assistance
payments aid to the needy disabled.
(1) The amount of assistance payments which shall
be granted to a recipient under the program for aid to the needy
disabled shall be on the basis of budgetary need, as determined
by the county department with due regard to any income, property,
or other resources available to the recipient, within available
appropriations, and in accordance with rules and regulations of
the state department, which may include the use of statistics,
averages, tables, standards, and other criteria with respect to
such determination of budgetary need. COMMENCING WITH
FISCAL YEAR 1999-2000, THE AMOUNT OF THE MONTHLY
CASH GRANT SHALL BE INCREASED ANNUALLY SO THAT NO LATER THAN FISCAL
YEAR 20092010 THE AMOUNT OF THE MONTHLY CASH GRANT WILL
BE EQUIVALENT TO THE AMOUNT OF THE MONTHLY GRANT STANDARD ESTABLISHED
FOR SUPPLEMENTAL SECURITY INCOME UNDER TITLE XVI OF THE SOCIAL
SECURITY ACT. FOR FISCAL YEARS AFTER SUCH EQUIVALECY IS ATTAINED
AND SUBJECT TO AVAILABLE APPROPRIATIONS, IT IS THE INTENT OF THE
GENERAL ASSEMBLY THAT THE AMOUNT OF THE MONTHLY CASH GRANT REMAIN
THE SAME AS THE AMOUNT OF THE MONTHLY GRANT STANDARD ESTABLISHED
FOR SUPPLEMENTAL SECURITY INCOME UNDER TITLE XVI OF THE SOCIAL
SECURITY ACT. IN DETERMINING THE AMOUNT TO BE APPROPRIATED BY
THE GENERAL ASSEMBLY TO PROVIDE FOR ANY INCREASES IN THE MONTHLY
CASH GRANT, THE GENERAL ASSEMBLY SHALL CONSIDER THE AMOUNT OF
MONEYS SAVED FROM THE CHANGES TO THE OLD AGE PENSION PROGRAM THAT
ARE A RESULT OF THE PASSAGE AND IMPLEMENTATION OF 1998 HOUSE CONCURRENT
RESOLUTION NUMBER 1001. The rules
regulations of the state
SHALL 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.
(1.5) (a) In addition to the amount of assistance available pursuant to subsection (1) of this section, the medical services board in the department of health care policy and financing, with the consent of the general assembly and subject to available funds, may provide adult foster care for persons eligible to receive aid to the needy disabled. For the purposes of this paragraph (a), "adult foster care" means the care and services defined in section 262122.3.
(b) In addition to the amount of assistance available pursuant to subsection (1) of this section, the medical services board in the department of health care policy and financing, with the consent of the general assembly and subject to available funds, may provide a home care allowance for persons eligible to receive aid to the needy disabled. For the purposes of this paragraph (b), "home care allowance" means care and services defined in section 262122.3.
(2) In computing budgetary need pursuant
to subsection (1) of this section, due consideration shall, subject
to available appropriations, be given to the special needs of
the needy disabled recipient. Medical care payments in behalf
of recipients may be provided under rules
regulations of the state department
to nursing homes, intermediate care, and residential care facilities
not covered by Title XIX of the social security act or the "Colorado
Medical Assistance Act".
(3) and (4) Repealed.
(5) Any special payment by the federal government in the form of a onetimeonly credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law.
SECTION 2. Part 1 of article 2 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
262119.5. Health and medical care program aid to the needy disabled. (1) SUBJECT TO AVAILABLE APPROPRIATIONS, THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING SHALL ESTABLISH AND ADMINISTER A PROGRAM TO PROVIDE HEALTH AND MEDICAL CARE TO PERSONS WHO QUALIFY TO RECEIVE AID TO THE NEEDY DISABLED. THE COSTS OF SUCH PROGRAM SHALL BE FUNDED FROM APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY EACH FISCAL YEAR. THE HEALTH AND MEDICAL CARE PROGRAM SHALL COMMENCE WITH FISCAL YEAR 2000-2001.
(2) (a) ON OR BEFORE DECEMBER 15, 1999, THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING SHALL SUBMIT A WRITTEN REPORT TO THE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE THAT CONTAINS THE FOLLOWING INFORMATION:
(I) ALTERNATIVE PROPOSALS AND EXPENSES OF BASIC HEALTH PLAN PACKAGES AND SERVICES FOR THE HEALTH AND MEDICAL CARE PROGRAM;
(II) A DESCRIPTION OF THE COPAYMENTS AND MANAGED CARE REQUIREMENTS FOR EACH OF THE ALTERNATIVE PROPOSALS FOR BASIC HEALTH PLAN PACKAGES.
(b) THE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE SHALL REVIEW THE ALTERNATIVE PROPOSALS AND SHALL CONSIDER WHETHER ANY CHANGES IN STATUTES OR APPROPRIATIONS ARE NECESSARY BEFORE IMPLEMENTATION OF THE HEALTH AND MEDICAL CARE PROGRAM IN FISCAL YEAR 20002001.
(3) AFTER SUBMISSION OF THE WRITTEN REPORT REQUIRED IN SUBSECTION (2) OF THIS SECTION AND SUBJECT TO AVAILABLE APPROPRIATIONS, THE STATE BOARD OF MEDICAL SERVICES IS AUTHORIZED TO PROMULGATE RULES FOR THE ESTABLISHMENT AND ADMINISTRATION OF THE HEALTH AND MEDICAL CARE PROGRAM, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
(a) DEFINING THE TYPES OF SERVICES AND MEDICAL TREATMENTS OR CARE PROVIDED UNDER THE HEALTH AND MEDICAL CARE PROGRAM;
(b) ESTABLISHING MEASURES TO CONTROL COSTS AND UTILIZATION OF MEDICAL SERVICES, INCLUDING SUCH MEASURES AS:
(II) MANAGED CARE REQUIREMENTS;
(III) LIMITATIONS ON PROVIDER RATES.
SECTION 3. 25.51201 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
25.51201. Programs to be administered by the department of health care policy and financing. (1) Programs to be administered and functions to be performed by the department of health care policy and financing shall be as follows:
(l) THE HEALTH AND MEDICAL CARE PROGRAM FOR THE RECIPIENTS OF AID TO THE NEEDY DISABLED, AS SPECIFIED IN SECTION 262119.5, C.R.S.
SECTION 4. 25.51303 (1) (c), Colorado Revised Statutes, is amended, and the said 25.51303 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
25.51303. Powers and duties of the board scope of authority rules. (1) The board shall have the authority set forth in subsection (3) of this section over the following programs administered by the department:
(c) Adult foster care, as specified in
section 262122.3, C.R.S.;
(e) THE HEALTH AND MEDICAL CARE PROGRAM FOR THE RECIPIENTS OF AID TO THE NEEDY DISABLED, AS SPECIFIED IN SECTION 262119.5, C.R.S.
SECTION 5. Effective date. This act shall take effect upon proclamation by the governor of the vote of the registered electors at the 1998 general election approving 1998 House Concurrent Resolution Number 1001. This act shall not take effect if the registered electors at the 1998 general election disapprove 1998 House Concurrent Resolution Number 1001.
SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.