Rule-Making Standards and Procedures s5

Title of Proposed Rule: Extension to the Aid to the Needy Disabled-State Only (AND-SO) Burial Benefit

Rule-making#: 09-9-10-1 Office or Division/Program: Office Rule Author: Susan Kern Phone: 303-866-2810 of Self Sufficiency and E-Mail: [email protected] Independence/ Aging and Adult Services

STATEMENT OF BASIS AND PURPOSE

Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)

Suspension of funding for the Aid to the Needy Disabled-State Only (AND-SO) program is scheduled to take effect January 1, 2010. However, to relieve the burden of potential increases in General Assistance expenditures, this rule proposes to extend the funeral, burial, and cremation benefits on behalf of recipients of AND-SO through June 30, 2010. The rule proposes to extend these benefits on behalf of an individual who is an eligible recipient of the AND-SO program as of December 31, 2009, and whose date of death occurs sometime from January 1, 2010 through June 30, 2010. The person legally responsible for the charges associated with the decedent’s funeral, cremation, or burial expenses will have one year from date of death to make application for the funeral, burial, and cremation benefit.

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

Explain: Authority for Rule: State Board Authority: 26-1-107, C.R.S. (2009) - State Board to promulgate rules; 26-1-109, C.R.S. (2009) - State Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2009) - State Board to promulgate rules for public assistance and welfare activities.

Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making) 26-2-129, C.R.S. (2009) - funeral, burial, cremation

Does the rule incorporate material by reference? Yes X No Does this rule repeat language found in statute? If yes, please explain. Yes X No

Initial Review 10/02/2009 Final Adoption 11/06/2009 Proposed Effective Date 01/01/2010 EMERGENCY Adoption n/a

DOCUMENT 2

Rule-making Form SBA-3a (10/08) Title of Proposed Rule: Extension to the Aid to the Needy Disabled-State Only (AND-SO) Burial Benefit

Rule-making#: 09-9-10-1 Office or Division/Program: Office Rule Author: Susan Kern Phone: 303-866-2810 of Self Sufficiency and E-Mail: [email protected] Independence/ Aging and Adult Services

STATEMENT OF BASIS AND PURPOSE (continued)

State Board Administration will send this rule-making package to Colorado Counties, Inc., Office of State Planning and Budgeting, and the Joint Budget Committee. The program has sent this proposed rule-making package to which stakeholders? Adult Sub-PAC; Aging Policy Advisory Committee (A--PAC); Colorado Legal Services; Colorado Department of Health Care Policy and Financing, and CDHS Office of Budget Services

Attachments: Regulatory Analysis Overview of Proposed Rule Stakeholder Comment Summary

Rule-making Form SBA-3a (10/08) Title of Proposed Rule: Extension to the Aid to the Needy Disabled-State Only (AND-SO) Burial Benefit

Rule-making#: 09-9-10-1 Office or Division/Program: Rule Author: Susan Kern Phone: 303-866-2810 Office of Self Sufficiency and Independence/ Aging and Adult Services

REGULATORY ANALYSIS (complete each question; answers may take more than the space provided)

1. List of groups impacted by this rule: Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?

Once the Aid to the Needy Disabled-State Only program is suspended as of December 31, 2009, all AND-SO recipients would no longer be eligible for the AND-SO funeral, burial, and cremation benefit. However, availability of funeral, burial, and cremation benefits shall be extended through June 30, 2010 on behalf of the AND-SO recipients receiving benefits as of December 31, 2009, if otherwise eligible. Per Section 3.150.7, the county department may authorize payment for funeral, burial, and cremation expenses until June 30, 2011.

2. Describe the qualitative and quantitative impact: How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?

Approximately fifty (50) AND-SO recipients per month will be impacted at an average cost of $1,000 per person for six months (January 1, 2010 through June 30, 2010).

3. Fiscal Impact: For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.

State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)

None. The budget for funeral, burial, and cremation comes from a separate line in the Long Bill that will be extended in 2010. The budget line is $508,000; the burial expenses are expected to be $300,000 (50 expected recipients x$1,000 average cost x 6 months = $300,000).

County Fiscal Impact

None

Federal Fiscal Impact

None

Other Fiscal Impact (such as providers, local governments, etc.)

None

Rule-making Form SBA-3b (10/08) Title of Proposed Rule: Extension to the Aid to the Needy Disabled-State Only (AND-SO) Burial Benefit

Rule-making#: 09-9-10-1 Office or Division/Program: Rule Author: Susan Kern Phone: 303-866-2810 Office of Self Sufficiency and Independence/ Aging and Adult Services

REGULATORY ANALYSIS (continued)

4. Data Description: List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?

None

5. Alternatives to this Rule-making: Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.

Not passing this rule would deny all funeral, burial, and cremation benefits for the AND-SO deceased at the time the AND-SO program is suspended. If there were no other entity to pay for AND-SO funerals, burials, and cremations, then the families and friends responsible and the counties would bear the expenses.

Rule-making Form SBA-3b (10/08) Title of Proposed Rule: Extension to the Aid to the Needy Disabled-State Only (AND-SO) Burial Benefit

Rule-making#: 09-9-10-1 Office or Division/Program: Rule Author: Susan Kern Phone: 303-866-2810 Office of Self Sufficiency and Independence/ Aging and Adult Services

OVERVIEW OF PROPOSED RULE

Compare and/or contrast the content of the current regulation and the proposed change.

Section Numbers Current Regulation Proposed Change Stakeholder Comment

3.100.14 Colorado law concerning Revised to accurately __ Yes X No assistance payments reflect the language in 26- 2-119 and 25-2-120, C.R.S. 3.100.21 Definitions Added a definition for __ Yes X No “subject to available appropriations/within available appropriations” 3.150.1 Funeral, burial, and Item C is added to extend __ Yes X No cremation expenses funeral, burial, and cremation benefits beyond AND-SO program suspension

Rule-making Form SBA-3c (10/08) Title of Proposed Rule: Extension to the Aid to the Needy Disabled-State Only (AND-SO) Burial Benefit

Rule-making#: 09-9-10-1 Office or Division/Program: Rule Author: Susan Kern Phone: 303-866-2810 Office of Self Sufficiency and Independence/ Aging and Adult Services

STAKEHOLDER COMMENT SUMMARY

DEVELOPMENT

The following individuals and/or entities were included in the development of these proposed rules (such as other Program Areas, Legislative Liaison, Sub-PAC, and the Child Welfare Action Committee):

None.

THIS RULE-MAKING PACKAGE

The following individuals and/or entities were contacted and informed that this rule-making was proposed for consideration by the State Board of Human Services:

Adult Sub-PAC; Aging Policy Advisory Committee (A--PAC); Colorado Legal Services; Colorado Department of Health Care Policy and Financing, and CDHS Office of Budget Services

Are other State Agencies (such as the Department of Health Care Policy and Financing) impacted by these rules? If so, have they been contacted and provided input on the proposed rules?

Yes X No

Have these rules been reviewed by the appropriate Sub-PAC Committee?

Yes X No

Date presented ______. Were there any issues raised? ____ Yes ____ No

If not, why. These rules should be heard by the Adult Sub-PAC on October 8, 2009.

Comments were received from stakeholders on the proposed rules:

Yes X No

If “yes” to any of the above questions, summarize and/or attach the feedback received by specifying the section and including the Department/Office/Division response. Provide proof of agreement or ongoing issues with a letter or public testimony by the stakeholder.

Rule-making Form SBA-3d (07/09) 9 CCR 2503-1 GENERAL RULES 3.100 - 3.100.14

3.100 ASSISTANCE PAYMENTS AND INTRODUCTION

3.100.1 LEGAL BASIS

3.100.11 State Board Role

Rev. eff. Colorado Revised Statutes, Title 26, Article 1, Section 107, created the State Board of 1/4/02 Human Services. The State Board, among other things, adopts rules and regulations governing program scope and content, requirements, obligations, and rights of clients, recipients, providers, and other persons who may be affected by acts of the State Department.

3.100.12 County Role

Rev. eff. A county has the traditional role of an arm of the State. Herein the county department 4/1/79 exists for the convenient administration of the State government programs, to act as agent of the State for the administration of public assistance programs and related welfare activities in the respective counties pursuant to the Social Services Code, and to carry out the will of the State thereon.

3.100.13 Colorado Constitution

Rev. eff. Constitution of Colorado, Article XXIV, Old Age Pensions, Section 6, established a 1/4/02 basic minimum award of one hundred dollars monthly effective January 1, 1957. It gives the State Board of Human Services the power to adjust the basic minimum award above one hundred dollars when living costs have changed sufficiently to justify the action.

3.100.14 Colorado Law

Rev. eff. Colorado Revised Statutes, Title 26, Article 2, Sections 118, 119, and 120, provide for 8/1/05 assistance payments for Colorado Works, Aid to the Needy Disabled (AND), and Aid to the Blind (AB) recipients to 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.

THIS REVISION: III-05-1 LAST REVISION: III-04-5 REVISION NUMBER Adopted: 6/3/2005 Adopted: 11/5/2004 3 Effective Date: 8/1/2005 Effective Date: 1/1/2005 COLORADO DEPARTMENT OF HUMAN SERVICES STAFF MANUAL VOLUME 3 INCOME MAINTENANCE 9 CCR 2503-1 GENERAL RULES 3.100.2 - 3.100.31

3.100.2 GENERAL PROVISIONS

3.100.21 Definitions

Rev. eff. "Assistance payments" shall mean aid to an eligible individual, who is eligible within 8/1/05 statutory provisions, in the form of money payments for the purpose of meeting day-to- day ongoing living costs.

"County worker" shall mean an employee of the county department.

“SUBJECT TO AVAILABLE APPROPRIATIONS/WITHIN AVAILABLE APPROPRIATIONS” SHALL MEAN THAT PARTICIPANTS IN THIS PROGRAM SHALL BE SUBJECT TO AVAILABLE APPROPRIATIONS.

● THE EXECUTIVE DIRECTOR OF THE COLORADO DEPARTMENT OF HUMAN SERVICES SHALL MANAGE THE AID TO THE NEEDY DISABLED- STATE ONLY (AND-SO) PROGRAM FUND TO ASSURE THAT, IF AT ANY TIME DURING THE COURSE OF A FISCAL YEAR IT IS DETERMINED BY THE GOVERNOR PURSUANT TO SECTION 24-2-102(4) OR 24-75-201.5, C.R.S., THE BUDGET WILL BE EXCEEDED OR A BUDGET REDUCTION IS NECESSARY, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES SHALL TAKE ACTION TO ESTABLISH A WAIT LIST AND/OR REDUCE EXPENDITURES AS NEEDED BY REDUCING AND/OR SUSPENDING THE AND-SO PROGRAM.

● THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES SHALL CONSIDER REDUCING AND/OR SUSPENDING SERVICES INDIVIDUALLY OR IN ANY COMBINATION BASED UPON THE SHORTEST DURATION OF TIME AND CONSIDERING THE LEAST IMPACT ON THE AND- SO CLIENT.

3.100.22 Requirements

Rev. eff. "Requirements" shall be defined as those items which are necessary to afford a minimum 8/1/05 amount of economic security to an individual or a family.

3.100.23 Recipient's Right to Decide

Rev. eff. In accordance with the principle of the unrestricted money payment, a recipient shall have 8/1/05 the right to decide how the monthly assistance payment shall be spent. The only exception shall be when protective payments are required.

3.100.24 County Department's Right to Decide

Rev. eff. The county department may provide, by means of its own funds, items which are 8/1/05 needed by recipient and which are not included in the standards of assistance. Such provision for "unmet need" shall not be deducted as income in the budgeting process.

3.100.25 For Colorado Works purposes, a recipient who is out of state temporarily shall be Rev. eff. provided assistance on the same basis as one who is in the state. 8/1/05 For Adult Categories, a recipient who is out of state temporarily shall be provided assistance on the same basis as one who is in the state, provided the recipient does not leave the country for a period of 30 or more consecutive days.

3.100.3 FUNCTIONS OF STAFF

3.100.31 County workers shall:

Rev. eff. A. Receive applications and assist in completing applications as necessary; 8/1/05 B. Review applications and determine eligibility for assistance;

C. Make the initial home visit (when required);

D. Refer applicant or recipient to the service divisions when appropriate; and,

E. Prepare the agency's case for county department evidentiary hearings and State Department fair hearings or appeals.

3.150.1 DEATH REIMBURSEMENT Rev. eff. A. A death reimbursement benefit shall in some circumstances be available to 8/1/05 assist in paying for the funeral, burial, and cremation expenses of deceased recipient of medical and/or public assistance.

Death reimbursement benefits paid for the disposition of deceased non-OAP recipient under these regulations are not entitlements. Benefit levels for such dispositions shall be adjusted by the State Department in order to contain expenditures within the available legislative appropriation.

B. The total amount of death reimbursement benefit paid by the county department pursuant to this section shall not exceed $1,500. To be eligible for a state contribution, the total combined reasonable charges (including those paid by the deceased recipient's estate, family, State Department funds, or any other source) for services, property, and supplies shall not exceed $2,500.

C. THE AID TO THE NEEDY DISABLED-STATE ONLY (AND-SO) PROGRAM IS SUSPENDED EFFECTIVE JANUARY 1, 2010, DUE TO UNAVAILABILITY OF APPROPRIATION. AVAILABILITY OF FUNERAL, BURIAL, AND CREMATION BENEFITS SHALL BE EXTENDED THROUGH JUNE 30, 2010 ON BEHALF OF THE AND-SO RECIPIENTS RECEIVING BENEFITS AS OF DECEMBER 31, 2009, IF OTHERWISE ELIGIBLE. PER SECTION 3.150.7, THE COUNTY DEPARTMENT MAY AUTHORIZE PAYMENT OF FUNERAL, BURIAL, AND CREMATION EXPENSES UNTIL JUNE 30, 2011.

3.150.2 WHEN STATE FUNDS MAY BE CONTRIBUTED

Rev. eff. A death reimbursement benefit covering reasonable funeral expenses or reasonable 8/1/05 cremation or burial expenses or any combination thereof shall be paid by the State Department for a deceased recipient, subject to State appropriations, as follows:

A. The expenses are incurred for the disposition of a deceased recipient who received public assistance and/or medical assistance while alive; and

B. The deceased recipient's estate is insufficient to pay all or part of such expenses (a deceased recipient's estate is defined as property of any kind which the deceased recipient owned at the time of death); and,

C. The resources of the party legally responsible for the support of the deceased recipient are insufficient to enable the responsible party to pay all or part of such expenses.

D. The county department shall issued a written authorization and itemization of the services, property, and supplies for which the State Department funds shall be contributed. The total charge and amount of State Department funds authorized for each item shall be included in this authorization; and,

E. The total, combined, reasonable charges (including those paid by the deceased recipient's estate, family, State Department funds, or any other source) for services, property, and supplies which have been authorized by the county department do not exceed $2,500. THIS REVISION: III-05-1 LAST REVISION: III-04-5 REVISION NUMBER Adopted: 6/3/2005 Adopted: 11/5/2004 2 Effective Date: 8/1/2005 Effective Date: 1/1/2005 COLORADO DEPARTMENT OF HUMAN SERVICES