§ 26-2-122.3 — Home care allowance

Colorado § 26-2-122.3

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Public Assistance

Text

(1) (a) Repealed.

(b) (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) 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) 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) 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.

Legislative History

Source: L. 93: Entire section added, p. 1114, � 25, effective July 1, 1994. L. 94: Entire section amended, p. 1562, � 12, effective July 1; (1)(a) amended, p. 2612, � 16, effective July 1. L. 95: (1)(b) amended and (1)(c) added, p. 904, � 4, effective May 25. L. 2001: (1)(b) amended, p. 126, � 1, effective March 23. L. 2006: Entire section amended, p. 1994, � 24, effective July 1. L. 2008: (1) amended, p. 438, � 2, effective August 5. L. 2010: (5) amended, (HB 10-1146), ch. 281, p. 1305, � 5, effective July 1; (1)(a)(I), (1)(b), and (3) amended, (HB 10-1146), ch. 281, p. 1304, � 4, effective January 1, 2011; (1)(b)(I) amended, (HB 10-1146), ch. 281, p. 1305, � 6, effective January 1, 2014. L. 2013: (1)(a)(I) amended, (HB 13-1314), ch. 323, p. 1811, � 50, effective March 1, 2014. L. 2021: (1)(b)(III), (2), and (5) amended, (HB 21-1187), ch. 83, p. 345, � 50, effective July 1, 2024; (1)(a)(III) added by revision, (HB 21-1187), ch. 83, pp. 345, 354, �� 50, 70.