Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

HB 12-1177 Development Disabilities Home Care Allowance Grant Rep. Gerou & Sen. Hodge Staff Name: Quinn Girrens What the Bill Does: The bill creates a new grant program for those who no longer can receive home care allowance and were previously receiving such support. Under HB 10-1146, individuals were forced to drop home care assistance because they had to choose between Medicaid programs and home care assistance.1 The new grant program under HB 12-1177 assists people who previously were receiving regular home care assistance in addition to Medicaid waiver programs (home-and-community based services). Colorado Context: Currently there are adult and child home assistance programs administered through the Department of Human Services. These programs include child-care assistance program, adult foster care, and home care allowance.2 These programs serve individuals 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.3 Home care allowance is provided for persons who meet the functional impairment and financial eligibility criteria as established by the state department by rule and are receiving old age pension, aid to the needy disabled, aid to the blind, or supplemental social security income benefits.4 The current home care assistance program has a 3-tier system in determining assistance funds:5 Changes in Monthly HCA Assistance Payments to Current Clients6 Payment Level Current Law Under HB12-1177 Tier I (Lowest need) $200 $136 Tier II $342 $278 Tier III (Highest need) $475 $411

Colorado Legislative Council Staff Fiscal Note HB 12-1177 http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/C4F16C6BFD2E44DE87257983006A9F27?Open&file =HB1177_r1.pdf 2 Colorado Department of Human Services, Financial Program Description http://www.colorado.gov/cs/Satellite/CDHS-SelfSuff/CBON/1251581873140 3 C.R.S. 26-2-122.3(I)(a)(1). 4 Id. at (II)(b)(1). 5 Colorado Legislative Council Staff Fiscal Note HB 12-1177 at 3. 6 Id.

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Currently there are an estimated 241 people who meet the criteria of the proposed legislation.7 The estimated payment/month for eligible individuals is $302.8 National Context: States have home care assistance programs that range in child-care to adult care. Each state requires an eligibility standard, but the use of a grant to implement the program is unique to Colorado. This is most likely due the fact that HB 12-1177 is trying to remedy the effects of HB 10-1146. Utah: Provides programs for aged, blind, or disabled. The disability must expect to last to death or no less than 12 months.9 Eligibility is based on monthly income and household size.10 New Mexico: General Assistance programs provide cash assistance to dependent needy children and disabled adults who are not eligible for assistance under a federally matched cash assistance program. 11 Oklahoma: Adult Day Services and Aging Services are programs that allow financial support for elderly without having to place the individual in a nursing home.12 Bill Provisions: Individuals that are eligible 1) have been receiving home care allowance as defined in 26-2-122.3 in December 2011; 2) are no longer eligible for the home care allowance because the individual is either on the a. home-and-community based supported living services waiver, or b. the childrens extensive services waiver, or c. any successor waiver; 3) have been within $1000 of their maximum benefit under the applicable waiver in December 2011; 4) meet any other state board of human services requirement standard. The individual must submit an application to the state board of human services that has the leeway to create rules to govern the program and the grant distribution. Money to support the grant is to come for previously appropriated money from home care allowance. This new program would be retroactive to January 1, 2012, and that individuals receiving home care allowance and services under a home-andcommunity based waiver during the month of December 2011 would be eligible for this grant program. NOTE: the section regarding retroactive application applies only if HB12-1186 does not become law; the appropriation of the home care assistance program to the new grant program will take effect if HB121186 becomes law Fiscal Impact: The Colorado Legislative Council estimates there will be a fiscal impact of $469,612 in FY 2011-2012 and $799,86 in FY 2012-2013, and each year after to remain at FY 2012-2013. There is no current net change in costs the DHS because the funds for the regular home care assistance program are being diverted to

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Id. at 2. Id. 9 Utah Medicaid Programs http://health.utah.gov/medicaid/provhtml/aged__blind_or_disabled.html 10 Id. 11 New Mexico Human Services Department- General Assistance http://www.hsd.state.nm.us/isd/ga.html 12 Oklahoma Department of Human Services- Programs and Services for Older Oklahomans http://www.okdhs.org/programsandservices/docs/olderoklahomans.htm

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

support this program. New costs include administrative costs appropriated for home care assistance is transferred to the new grant program.13

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Id.

DRAFT 2/19/2012 9:13 PM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.