C.R.S. Section 26-2-122.3
Home care allowance

  • repeal
(1)(a)(I) The state department, subject to available appropriations, may provide adult foster care for persons eligible to receive old age pension, aid to the needy disabled, or aid to the blind. For purposes of this paragraph (a), “adult foster care” means care and services that, in addition to room and board, may include, but are not limited to, personal services, recreational opportunities, transportation, utilization of volunteer services, and special diets. Such care and services are provided to recipients of federal supplemental security income benefits who are also eligible for the Colorado supplement program for aid to the needy disabled or aid to the blind and who do not require skilled nursing care or intermediate health care and cannot remain in or return to their residences but who need to reside in a supervised nonmedical setting on a twenty-four-hour basis. Those persons with intellectual and developmental disabilities as defined in section 25.5-10-202, C.R.S., or who are receiving or are eligible to receive services pursuant to article 10 of title 25.5, C.R.S., or any provision of title 27, C.R.S., do not qualify for adult foster care under this paragraph (a).

(II)

Adult foster care facilities shall be licensed by the department of public health and environment pursuant to section 25-27-105, C.R.S.

(III)

This subsection (1)(a) is repealed, effective July 1, 2024.

(b)

Intentionally left blank —Ed.

(I)

Except as provided in subparagraph (II) of this paragraph (b), the state department, subject to available appropriations, may provide home care allowance for persons who meet the functional impairment and financial eligibility criteria as established by the state department by rule and:

(A)

Were receiving old age pension benefits and home care allowance on the day prior to January 1, 2014, and remain continuously eligible for such benefits; or

(B)

Are receiving aid to the needy disabled, aid to the blind, or supplemental social security income benefits.

(II)

Persons eligible to receive home- and community-based services pursuant to article 6 of title 25.5, C.R.S., shall not be eligible for home care allowance under this paragraph (b).

(III)

[Editor’s note:
This version of subsection (1)(b)(III) is effective until July 1, 2024.]
For the purposes of this paragraph (b), “home care allowance” is a program that provides payments, subject to available appropriations, to functionally impaired persons who meet the criteria specified in subparagraph (I) of this paragraph (b) as determined in accordance with rules. The payments allow recipients who are in need of long-term care to purchase community-based services as defined in rules adopted by the state department. These services may include, but need not be limited to, the supervision of self-administered medications, assistance with activities of daily living as defined in section 25.5-6-104 (2)(a), C.R.S., and assistance with instrumental activities of daily living as defined in section 25.5-6-104 (2)(g), C.R.S. The rules adopted by the state department shall specify, in accordance with the provisions of this section, the services available under the program and shall specify eligibility criteria for the home care allowance program. In addition, the rules shall specifically provide for a determination as to the person’s functional impairment and the person’s unmet need for paid care and shall address amounts awarded to persons eligible for home care allowance. The state department shall specify in the rules the methods for determining the unmet need for paid care and the amount of a home care allowance that may be awarded to eligible persons. Such methods may be based on how often a person experiences unmet need for paid care or any other method that the state board determines is valid in correlating unmet need for paid care with an amount of a home care allowance award. The state department shall require that eligibility and unmet need for paid care be determined through the use of a comprehensive and uniform client assessment instrument prescribed by the state department. The state department may adjust income eligibility criteria, including any functional impairment standard, or the amounts awarded to eligible persons or may limit or suspend enrollments as necessary to manage the home care allowance program within the funds appropriated by the general assembly. In addition, the state department may adjust which services are available under the program; except that the adjustment shall be consistent with the provisions of this subsection (1).

(III)

[Editor’s note:
This version of subsection (1)(b)(III) is effective July 1, 2024.]
For the purposes of this subsection (1)(b), “home care allowance” is a program that provides payments, subject to available appropriations, to functionally impaired persons who meet the criteria specified in subsection (1)(b)(I) of this section as determined in accordance with rules. The payments allow recipients who are in need of long-term services and supports to purchase community-based services as defined in rules adopted by the state department. These services may include, but need not be limited to, the supervision of self-administered medications, assistance with activities of daily living, and assistance with instrumental activities of daily living. The rules adopted by the state department shall specify, in accordance with the provisions of this section, the services available under the program and shall specify eligibility criteria for the home care allowance program. In addition, the rules shall specifically provide for a determination as to the person’s functional impairment and the person’s unmet need for paid care and shall address amounts awarded to persons eligible for home care allowance. The state department shall specify in the rules the methods for determining the unmet need for paid care and the amount of a home care allowance that may be awarded to eligible persons. Such methods may be based on how often a person experiences unmet need for paid care or any other method that the state board determines is valid in correlating unmet need for paid care with an amount of a home care allowance award. The state department shall require that eligibility and unmet need for paid care be determined through the use of a comprehensive and uniform client assessment instrument prescribed by the state department. The state department may adjust income eligibility criteria, including any functional impairment standard, or the amounts awarded to eligible persons or may limit or suspend enrollments as necessary to manage the home care allowance program within the funds appropriated by the general assembly. In addition, the state department may adjust which services are available under the program; except that the adjustment shall be consistent with the provisions of this subsection (1).

(c)

The state department is authorized to implement pilot programs that it deems feasible to assess the overall impact, if any, of using alternatives to the method described in paragraph (b) of this subsection (1) for determining an eligible person’s unmet need for paid care and the amount of a home care allowance awarded to an eligible person.

(2)

[Editor’s note:
This version of subsection (2) is effective until July 1, 2024.]
The state department shall administer the adult foster care program and the home care allowance program. The executive director or the state board, as appropriate, shall promulgate rules necessary for the implementation of this section.

(2)

[Editor’s note:
This version of subsection (2) is effective July 1, 2024.]
The state department shall administer the home care allowance program. The executive director or the state board, as appropriate, shall promulgate rules necessary for the implementation of this section.
(3)(Deleted by amendment, L. 2010, (HB 10-1146), ch. 281, p. 1304, § 4, effective January 1, 2011.)(4) Repealed.

(5)

[Editor’s note:
This version of subsection (5) is effective until July 1, 2024.]
The state department shall contract with the single entry point agencies for functions of the home care allowance and adult foster care programs pursuant to the terms of the contract or rule of the state department.

(5)

[Editor’s note:
This version of subsection (5) is effective July 1, 2024.]
The state department shall contract with case management agencies for functions of the home care allowance pursuant to the terms of the contract or rule of the state department.

Source: Section 26-2-122.3 — Home care allowance - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­pdf (accessed Oct. 20, 2023).

26‑2‑101
Short title 26‑2‑102
Legislative declaration 26‑2‑102.5
Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules 26‑2‑103
Definitions 26‑2‑104
Public assistance programs - electronic benefits transfer service - joint reports with department of revenue - signs - rules 26‑2‑105
Federal requirements 26‑2‑106
Applications for public assistance 26‑2‑107
Verification - record 26‑2‑108
Granting of assistance payments and social services - rules 26‑2‑109
Right to own certain property 26‑2‑110
Repayment not required 26‑2‑111
Eligibility for public assistance - rules - repeal 26‑2‑111.5
Access to supplemental security income program benefits for old age pension applicants and recipients 26‑2‑111.6
Old age pension work incentive program 26‑2‑111.8
Eligibility of noncitizens for public assistance 26‑2‑112
Old age pensions for inmates of public institutions 26‑2‑113
Funds for old age pensions 26‑2‑114
Amount of assistance payments - old age pension 26‑2‑115
State old age pension fund - priority 26‑2‑116
Old age pension stabilization fund 26‑2‑119
Amount of assistance payments - aid to the needy disabled - rules 26‑2‑119.7
Federal disability benefits - application assistance - fund - rules - report - legislative declaration 26‑2‑120
Amount of assistance payments - aid to the blind 26‑2‑121
Expenses of treatment to prevent blindness or restore eyesight 26‑2‑122
Public assistance in the form of social services 26‑2‑122.3
Home care allowance - repeal 26‑2‑122.5
Acceptance of available money to finance the low-income energy assistance program 26‑2‑123
Removal to another county 26‑2‑124
Reconsideration and changes 26‑2‑125
Colorado works cases - vendor payments 26‑2‑127
Appeals 26‑2‑128
Recovery from recipient - estate 26‑2‑129
Funeral - final disposition expenses - death reimbursement - definitions - rules 26‑2‑131
Public assistance not assignable 26‑2‑132
Limitation 26‑2‑133
State income tax refund offset - rules 26‑2‑134
Checks, drafts, or orders for payment of moneys for public assistance - identification of bearer 26‑2‑135
Medically correctable program - fund established - rules 26‑2‑137
Noncitizens programs 26‑2‑138
Refugee services program - state plan - rules - definitions - repeal 26‑2‑139
Food pantry assistance grant program - created - timeline and criteria - grants - definitions - repeal 26‑2‑140
Colorado diaper distribution program - diapering essentials - report - rules - definitions 26‑2‑141
High-quality work management system - implementation - funding - repeal 26‑2‑142
Colorado teen parent driver’s license program - report - rules - definitions - appropriation 26‑2‑143
Colorado commodity supplemental food grant program - creation - appropriation - rules - definitions 26‑2‑144
Food bank assistance grant program - creation - rules - definition 26‑2‑201
Short title 26‑2‑202
Legislative declaration 26‑2‑203
Definitions 26‑2‑204
Mandatory minimum state supplementation of SSI benefits 26‑2‑205
Optional state supplementation 26‑2‑206
Interim assistance 26‑2‑207
Administration 26‑2‑208
Federal requirements 26‑2‑209
Limitations 26‑2‑210
State supplemental security income stabilization fund - creation 26‑2‑301
Food stamps - administration 26‑2‑301.5
Performance standards - incentives - sanctions 26‑2‑302
Federal requirements 26‑2‑304
Appeals - recoveries - rules 26‑2‑305
Fraudulent acts - penalties 26‑2‑305.5
Categorical eligibility - repeal 26‑2‑306
Trafficking in food stamps 26‑2‑307
Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal 26‑2‑308
Colorado employment first - supplemental nutrition assistance program - federal match - legislative declaration - definition - repeal 26‑2‑701
Short title 26‑2‑702
Legislative intent 26‑2‑703
Definitions 26‑2‑704
No individual entitlement 26‑2‑705
Works program - purposes 26‑2‑706
Target populations 26‑2‑706.5
Restrictions on length of participation - rules 26‑2‑706.6
Payments and services under Colorado works - rules 26‑2‑707.5
Community resources investment assistance 26‑2‑707.7
Information concerning immunization of children 26‑2‑708
Assistance - assessment - individual responsibility contract - waivers for domestic violence - rules 26‑2‑709
Benefits - cash assistance - programs - rules - repeal 26‑2‑709.5
Exit interviews and follow-up interviews of participants - reporting 26‑2‑710
Administrative review 26‑2‑711
Works program - sanctions against participants - rules 26‑2‑712
State department duties - authority 26‑2‑713
State maintenance of effort 26‑2‑714
County block grants formula - use of money - rules 26‑2‑714.5
Adjusted work participation rate - notification - county authorization - career and technical education 26‑2‑715
Performance contracts 26‑2‑716
County duties - appropriations - penalties - hardship extensions - domestic violence extensions - incentives - rules 26‑2‑717
Reporting requirements 26‑2‑718
Regionalization 26‑2‑719
Private contracting 26‑2‑720.5
County block grant support fund - created 26‑2‑721
Colorado long-term works reserve - creation - use 26‑2‑721.3
Colorado works program maintenance fund - creation - use - report 26‑2‑725
Outreach and engagement plan - family voice participation 26‑2‑1001
Short title 26‑2‑1002
Legislative declaration 26‑2‑1003
Definitions 26‑2‑1004
Individual development account program - rules 26‑2‑1005
Eligibility for participation in the individual development account program 26‑2‑1101
Legislative declaration 26‑2‑1102
Definitions 26‑2‑1103
Transitional jobs program 26‑2‑1104
Repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 26-2-122.3’s source at colorado​.gov