Colorado Code
Part 1 - Colorado Public Assistance Act
§ 26-2-122.3. Home Care Allowance - Repeal

(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).

(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.

(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: 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.

Cross references: For the legislative declaration contained in the 1993 act enacting this section, see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1994 act amending subsection (1)(a), see section 1 of chapter 345, Session Laws of Colorado 1994.