12 CCR 2512-2
DEPARTMENT OF HUMAN SERVICES State Board of Human Services RULE MANUAL VOLUME 12 SPECIAL PROJECTS 12 CCR 2512-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ STATEMENT OF BASIS AND PURPOSE, FISCAL IMPACT AND SPECIFIC STATUTORY AUTHORITY OF REVISIONS MADE TO STAFF MANUAL VOLUME 12 Revisions to Sections 12.500-Concl. - 12.500.12, 12.500 12 - 12.500.14-Concl. were finally adopted following publication at the 5/2/86 State Board meeting, with an effective date of 7/1/86 (Document 7). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services. Addition of Section 12.600 was finally adopted following publication at the 2/6/87 State Board meeting, with an effective date of 4/1/87 (Document 8). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.
Revisions to Section 12.203 were finally adopted following publication at the 5/1/87 State Board meeting, with an effective date of 7/1/87 (Document 11). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.
Addition of Sections 12.700 - 12.704 was finally adopted following publication at the 11/6/87 State Board meeting, with an effective date of 1/1/88 (Document 2). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.
Addition of Sections 12.800 - 12.805.12 was finally adopted following publication at the 4/6/90 State Board meeting, with an effective date of 6/1/90 (CSPR# 90-1-24-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.
Deletion of Section 12.500 was finally adopted following publication at the 11/02/90 State Board meeting, with an effective date of 1/1/91 (CSPR# 90-8-23-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.
Addition of Section 12.900 was adopted emergency at the 11/2/90 State Board meeting, with an effective date of 11/2/90 (CSPR# 90-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by Code of Colorado Regulations 1 the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.
Addition of Section 12.900 was final adoption of emergency at the 12/7/90 State Board meeting, with an effective date of 11/2/90 (CSPR# 90-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.
Revisions to Sections 12.200 through 12.203 were finally adopted following publication at the 2/7/91 State Board meeting, with an effective date of 4/1/92 (CSPR# 91-10-24-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.
Addition of Section 12.500 through 12.515 was adopted emergency at the 2/4/94 State Board meeting, with an effective date of 4/1/94 (CSPR# 93-10-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.
Addition of Section 12.500 through 12.515 was adopted emergency and final at the 3/4/94 State Board meeting, with an effective date of 4/1/94 (CSPR# 93-10-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.
Revisions to Sections 12.500 through 12.515 were final adoption following publication at the 10/7/94 State Board meeting, with an effective date of 12/1/94 (CSPR# 94-6-30-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.
Addition of Sections 12.100 through 12.111 were final adoption following publication at the 12/6/96 State Board meeting, with an effective date of 2/1/97 (CSPR# 96-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.
Sections 12.100 through 12.111 were re-promulgated as final adoption following publication at the 3/7/97 State Board meeting, with an effective date of 5/1/97 (CSPR# 96-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.
Addition of Sections 12.400 through 12.480 were adopted as emergency at the 8/4/2000 State Board meeting, with an effective date of 9/1/2000 (CSPR# 00-6-28-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, State Board Administration.
Addition of Sections 12.400 through 12.480 were adopted as emergency and final at the 9/8/2000 State Board meeting, with effective dates of 9/1/2000 and 9/8/2000 (CSPR# 00-6-28-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Code of Colorado Regulations 2 Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.
Revisions to Sections 12.440 and 12.470 were final adoption following publication at the 2/2/2001 State Board meeting, with an effective date of 4/1/2001 (CSPR# 00-11-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.
Revisions to Section 12.101.1, and addition of Section 12.120-12.120.5 were adopted following publication at the 5/2/2003 State Board meeting, with an effective date of 7/1/2003 (Rule-making# 03-02- 11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration. Revisions to Sections 12.105.2 through 12.105.21 and addition of Section 12.105.22 were adopted as emergency at the 6/6/2003 State Board meeting, with an effective date of 7/1/2003 (Rule-making# 03-02- 13-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration. Revisions to Sections 12.105.2 through 12.105.21 and addition of Section 12.105.22 were final adoption of emergency rules at the 7/11/2003 State Board meeting, with an effective date of 7/1/2003 (Rule- making# 03-02-13-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration. Deletion of Sections 12.300, 12.600, 12.700, 12.800, and 12.900, et seq., and replacement of Section 12.500, et seq., with a new program, were final adoption following publication at the 5/7/2004 State Board meeting, with an effective date of 7/1/2004 (Rule-making#s 04-2-19-1 and 04-3-5-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.
Revisions to Sections 12.200 through 12.203.6 were final adoption following publication at the 12/2/2005 State Board meeting, with an effective date of 2/1/2006 (Rule-making# 05-08-25-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.
Deletion of Section 12.105.22 was final adoption following publication at the 2/3/2006 State Board meeting, with an effective date of 4/1/2006 (Rule-making# 05-10-25-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.
Revision of Section 12.540 and addition of Section 12.541 were final adoption following publication at the 1/5/2007 State Board meeting, with an effective date of 3/1/2007 (Rule-making# 06-8-24-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into Code of Colorado Regulations 3 the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.
Revision of Section 12.540 was adopted as emergency and final at the 6/6/2008 State Board meeting, with an effective date of 6/6/2008 (Rule-making# 07-11-13-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Boards and Commissions Division, State Board Administration. Re-write of Sections 12.200 through 12.203.6 were final adoption following publication at the 6/5/2009 State Board meeting, with an effective date of 8/1/2009 (Rule-making# 08-9-12-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration. Revisions and repeals in Sections 12.104 through 12.108, 12.200 through 12.200.7, 12.400 through 12.480 and 12.500 through 12.552 were final adoption following publication at the 4/6/2012 State Board meeting, with an effective date of 6/1/2012 (Rule-making#’s 11-9-7-3, 11-11-15-1, 11-12-27-1, and 12-2- 7-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration.
Revisions of Sections 12.200 through 12.200.2 and 12.200.4 through 12.200.7 were final adoption following publication at the 3/8/2013 State Board meeting, with an effective date of 5/1/2013 (Rule- making# 12-12-14-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration.
12.100 COLORADO ELECTRONIC BENEFIT TRANSFER SERVICE (CO/EBTS)
12.100 COLORADO ELECTRONIC BENEFIT TRANSFER SERVICE (CO/EBTS)
12.100.1 AUTHORITY
12.100.11
Authority for the program is contained in Colorado Revised Statutes, Sections 26-2-104 and 26-1-122(2), as amended.
12.100.12
The Colorado Electronic Benefit Transfer Service (CO/EBTS) is intended to provide electronic benefit access, through use of a plastic debit card, to recipients of food assistance and public assistance programs. These programs include, but are not limited to, Food Stamps, Aid to Families with Dependent Children, Old Age Pension, Aid to the Needy Disabled, Aid to the Blind, and the Low-Income Energy Assistance Program. Through CO/EBTS, direct deposit payments will be made to providers of services for the Low-Income Energy Assistance Program, Child Care and Child Welfare (Subsidized Adoption and Foster Care) programs. Voucher payments (e.g., burial) will also be made by direct deposit. Other programs may be added as appropriate. Recipient payments will be made by direct deposit on a voluntary basis. Provision will be made for delivery of recipient payment of direct federal benefits by CO/EBTS.
Code of Colorado Regulations 4
12.101 GENERAL PROVISIONS
12.101.1 DEFINITIONS
A. Automated Teller Machine (ATM)
B. Cash Account A "cash account" is an authorization file maintained by the Colorado Department of Human Services on behalf of a cardholder from which withdrawal of cash benefits and purchase transactions are authorized.
C. CO/EBTS Contractor The "CO/EBTS contractor" is a private company hired by the Colorado Department of Human Services. The contractor will be responsible for operation of the CO/EBTS system including, but not limited to, card production, transaction processing, equipment installation/maintenance, customer service, conversion training, and account settlement.
D. Correcting Debit A "correcting debit" is an action taken by a retailer to correct a system error.
E. CO/EBTS Conversion "CO/EBTS conversion" is the project implementation period during which food stamps and public assistance recipients change over from receiving benefits through food coupons and warrants to accessing their benefits through CO/EBTS debit card transactions at authorized retailers' point-of- sale (POS) terminals and at automated teller (ATM) machines. Also, providers will begin receiving direct deposit payments, electronically transmitted to make accounts, rather than warrants.
F. Debit A "debit" is a transaction initiated by the cardholder at a terminal with use of a PIN resulting in a deduction against the balance of the cardholder's account, which has been credited by the value and category of public assistance benefits authorized.
G. Direct Deposit "Direct deposit" is the process by which the Colorado Department of Human Services credits a client's or provider's bank account upon authorization by the Colorado EBTS program.
H. Electronic Benefit Transfer Service (EBTS)
I. Food Stamp Account Code of Colorado Regulations 5 A "food stamp account" is an authorization file maintained by the Colorado Department of Human Services on behalf of a cardholder from which food stamp purchases at approved merchants are authorized.
J. Food Stamp Transaction A "food stamp transaction" is authorized from a food stamp account in which the entire transaction amount is for the purchase of food at an approved merchant in accordance with the Food Stamp Program. A food stamp transaction must not include cash back.
K. Encryption "Encryption" is the process which protects PIN data by altering the information to make it unrecognizable. These data are encrypted before transmission over communications lines rendering them unintelligible.
L. Personal Identification Number (PIN)
M. Point of Sale (POS) Terminal "POS" terminals are electronic devices located at retail outlets through which cardholders can conduct EBTS food stamp and cash transactions by swiping their card and entering their PIN on a key pad.
N. Primary Account Number (PAN)
O. Retailer "Retailer" is the commercial location, such as a grocery store or automated teller machine, where the EBT cardholder redeems food or cash benefits.
P. System Error A "system error" is an auditable processing failure at any point in the EBT redemption process that results in the improper crediting or debiting of an account or in the failure to credit or debit an account.
Q. Transaction A "transaction" is an electronic interchange at a point of sale device or ATM resulting in the exchange of financial information concerning a recipient account.
12.102 ACCOUNT SET-UP
The county department of social services shall input account set-up data into the various CDHS systems, using state department established file formats and data layouts, to facilitate system transmission of account set-up records to the CO/EBTS contractor. County departments may opt, particularly in emergency cases, to transmit account set-up files on-line directly to the CO/EBTS contractor. Code of Colorado Regulations 6
12.103 CARD/ PIN ISSUANCE AND ACCOUNTABILITY
The county department of social services shall establish secure procedures for issuance of CO/EBTS debit cards and personal identification numbers. County departments may issue a card at the initial client interview, but under no circumstance shall a card for a non-expedited case be issued later than 30 calendar days after the application date.
12.103.1 OVER-THE COUNTER ISSUANCE
12.103.11 Card Stock
Each county department of social services shall maintain the capability to issue cards on-site at its primary location and satellite offices. The CO/EBTS contractor will provide counties with an initial supply of sequentially numbered cards containing pre-embossed primary account numbers; county departments must reorder cards from the CO/EBTS contractor as needed to ensure an adequate supply at all times.
12.103.12 PIN Selection
The county department of social services shall issue PINs through encryption devices supplied by the state department. Recipients shall select their own PINs when cards are issued over-the-counter.
12.103.13 Expedited Issuance
The county department of social services shall issue CO/EBTS debit cards no later than the sixth day after application for recipients entitled to expedited benefits/payments as defined by specific program rules.
12.103.2 MAIL ISSUANCE
The county department of social services shall initiate issuance of cards and PINs through the mail during CO/EBTS conversion by submitting account set-up files to the CO/EBTS contractor. The county department may request mail issuance on a case-by-case basis thereafter by entering a positive mail indicator in the account set-up file transmitted to the CO/EBTS contractor. After conversion, county departments may request mail issuance in those situations where in-person issuance would constitute an inconvenience to the recipient. County departments may also mail cards/PINs to clients residing a distance from the issuance site such that transportation would constitute a hardship.
12.104 REPORTS OF LOST, STOLEN CARDS AND UNAUTHORIZED USE
The county department of social services shall facilitate de-activation of CO/EBTS debit cards reported by cardholders to be lost, stolen, or used by unauthorized parties. Upon receiving such a report, the county department may instruct the recipient to phone the CO/EBTS contractor's customer service line to report the incident and request card de-activation. If the recipient cannot or refused to call, the county department shall immediately report the incident and request card de-activation to the CO/EBTS contractor customer service representative on behalf of the recipient.
12.105 CARD REPLACEMENT [Rev. eff. 6/1/12]
The county department of social services shall replace CO/EBTS debit cards for eligible recipients when cards are reported to be lost, stolen, or non-functioning. County departments may issue replacement cards over-the-counter or through a transmission to the CO/EBTS contractor requesting mail issuance. In addition, the county department shall maintain a record of cards replaced on the daily card issuance log. Code of Colorado Regulations 7
12.105.1 Card Replacement Time Limit [Eff. 2/1/97]
The county department of social services shall replace cards within three working days of notification by the recipient. This may be accomplished by either over-the-counter or mail issuance. The CO/EBTS contractor is required to deliver replacement cards to the post office no later than 3:00 p.m. the day after a request is received for a mail issued card replacement.
12.106 PIN REPLACEMENT
The county department of social services shall provide cardholders with the opportunity to change PINs. PIN replacements may be issued over-the-counter or by mail through the CO/EBTS contractor. Add eff. 2/1/97
12.107 DIRECT DEPOSIT
Eligible recipients, or their designated payees, may elect to receive cash payments through direct deposit to an account at their financial institution. Direct deposit application forms and envelopes will be provided to county offices. The county department of social services shall inform cash assistance recipients of the availability of direct deposit, provide informational materials, and application forms. County offices shall assist recipients or payees in providing bank account information to allow for direct deposit. Add eff. 2/1/97 Counties shall issue a debit card to each new recipient and inform the recipient that he/she will access at least the first payment through the debit card.
12.108 AUTHORIZED REPRESENTATIVES
An eligible recipient may designate an authorized representative to receive a CO/EBTS debit card and PIN. Separate cards, primary account numbers, and PINs shall be issued to the eligible recipient and the authorized representative. The authorized representative shall have the ability to access food and/or cash benefits on behalf of the eligible recipient as provided by program regulations. Add eff. 2/1/97
12.109 CLIENT TRAINING
The county department of social services may conduct client training through the mail or on-site in local offices. Add eff. 2/1/97
12.109.1 LOCAL OFFICE TRAINING
The county department of social shall provide facilities within each food stamp/social services office to conduct on-site CO/EBTS client training. Add eff. 2/1/97
12.109.11 CO/EBTS Trainees
The county department of social shall conduct on-site CO/EBTS training in local offices for eligible post- conversion food stamps and cash assistance recipients. Add eff. 2/1/97
12.109.12 Training Content
The county department of social services shall conduct training in a manner prescribed by state department procedures. Add eff. 2/1/97
12.109.13 Written Training Materials
Code of Colorado Regulations 8 The county department of social services shall distribute written training materials, produced by the CO/EBTS contractor, to CO/EBTS recipients. These materials will include, but not be limited to, a pamphlet and a fact card. All written training materials will be available in Spanish and English and be at no higher than a fifth grade reading level. Add eff. 2/1/97
12.109.14 Other Client Assistance
The county department of social services shall provide other client assistance, which the county department deems necessary, such as orientation classes, question and answer sessions, and “hands- on” card usage instructions. Counties shall identify special needs clients (e.g., blind, illiterate, disabled) and “customize” training to the needs of these individuals. Rev. eff. 5/1/97
12.109.2 MAIL TRAINING
12.109.21 Conversion
The county department of social services shall update CDHS automated systems with the most current food stamp recipient, cash assistance recipient, substitute payee, and conservator addresses no later than two months before that county's conversion to CO/EBTS. The CO/EBTS contractor will mail debit cards, PINs, and written training materials to each current recipient one month before conversion.
12.109.22 Ongoing
The CO/EBTS contractor will include written training materials with all CO/EBTS card mailings. The county department of social services shall transmit a positive mail indicator to the contractor for any recipient the county wishes to have the CO/EBTS card, PIN, and training materials issued by mail.
12.110 PROVIDER PAYMENTS
12 .110.1 COUNTY RESPONSIBILITIES
12.110.11 Conversion
The county department of social services shall update provider information (e.g., name, address, mailing address, and provider tax identification number) contained within the various Human Services automated systems no later than four months prior to CO/EBTS conversion in that county to facilitate transition to direct deposit provider payments.
12.110.12 Ongoing
The county department of social services shall enter all provider information into the appropriate automated system immediately upon a provider's approval to deliver program services. The county department shall give each prospective provider a direct deposit form requesting the provider's bank account number and supporting documentation. The provider must then submit the bank account information in order to receive direct deposit payments when and if the provider is approved to deliver services. The county department shall also give the provider written materials explaining the direct deposit payment procedure. County departments must maintain the ability to enter data related to provider bank account numbers into the various Human Services automated systems for transmission to the CO/EBTS contractor.
12.110.2 STATE RESPONSIBILITIES
The State Department will transmit provider information through the various Human Services automated systems to the CO/EBTS contractor. Transmissions will take place during conversion and on an ongoing basis as new providers are added.
Code of Colorado Regulations 9
12.111 EXPUNGED BENEFITS
Food stamp benefits will be automatically expunged, or cancelled, after 270 days of no recipient account activity (food purchases or benefit inquiries); cash benefits will be expunged after 90 days of no recipient account activity (purchases, withdrawals, benefit inquiries). County staff may re-start the time period for any recipient in a manner prescribed by the State Department.
12.120 EBT CONTRACTOR ACCOUNT ADJUSTMENTS
12.120.1 EBT CONTRACTOR ACCOUNT ADJUSTMENT AUTHORITY
The EBT contractor, on behalf of impacted retailers, may adjust EBT cardholders' food or cash accounts through correcting debits to recoup SYSTEM error funds.
12.120.2 EBT CONTRACTOR NOTIFICATION TO THE COLORADO DEPARTMENT OF HUMAN
12.120.3 CLIENT NOTICE OF RIGHT TO A FAIR HEARING
A. any recipient shall be mailed a notice whose EBT account is to be adjusted by the EBT contractor, advising the recipient of the right to a fair hearing.
B. The notice shall stipulate:
12.120.4 FAIR HEARING
Any request for a State level fair hearing shall be in accordance with State Food Stamp rules, as found in Staff Manual Volume 4B (10 CCR 2506-1), Sections B-4410, B-4410.3, and B-4410.34.
12.120.5 ACCOUNT ADJUSTMENT TIMEFRAMES
The EBT contractor may not adjust a recipient's EBT account for fifteen (15) calendar days from the issuance date of the fair hearing notice. If the recipient requests a fair hearing during this 15-day period, the EBT contractor is prohibited from adjusting the account until and unless the fair hearing disposition is rendered in the retailer's favor. After the 15-day noticing period has expired, or after a recipient appeal has been denied, the EBT contractor may adjust a recipient's current month or one future month's benefits. The EBT contractor may take no further adjustment actions if adequate funds are not available in either the month when the recovery action is initiated or in the subsequent month.
12.200 DOMESTIC VIOLENCE PROGRAM (DVP)
Code of Colorado Regulations 10
12.200.1 Purpose [Rev. eff. 5/1/13]
These rules set forth policies concerned with administering funding to support the provision of a statewide network of services to reduce the incidence of domestic violence in Colorado.
12.200.2 DVP Advisory and Funding Recommendation Committees [Rev. eff. 5/1/13]
A. An Advisory Committee will be established to provide feedback regarding the DVP’s direction. The Advisory Committee’s roles, responsibilities, and membership shall be determined by the Committee and, at a minimum, consist of:
B. A Funding Recommendation Committee shall review applications for funding and make funding award recommendations to the Executive Director of CDHS. The Funding Recommendation Committee’s roles, responsibilities, and membership shall be determined by the Committee and, at a minimum, consist of at least one representative from the Colorado Coalition Against Domestic Violence.
12.200.3 Eligibility [Rev. eff. 8/1/09]
A. Governmental and non-governmental entities, as follows, may be eligible for DVP funding:
B. Eligible entities shall:
Code of Colorado Regulations 11
12.200.4 Request for Application (RFA) [Rev. eff. 5/1/13]
The DVP will announce availability of funding through a Request for Application (RFA) and solicit responses to a RFA as required by the state. In the RFA, distribution of funding shall minimally include:
A. No less than seventy-five percent (75%) of funding available through the DVP shall be allocated to non-governmental entities;
B. A process to equitably distribute DVP funding within Colorado between urban and rural areas;
C. The criteria for funding awards;
D. A process used to notify applicants of the outcome of their application; and, E. A procedure available to applicants to grieve the outcome of their application.
12.200.5 Contracts [Rev. eff. 6/1/12]
A. CDHS may enter into contracts or agreements for services with any entity eligible for funding that fulfills the requirements of the application.
B. All entities awarded a contract shall agree to all terms and conditions of the contract, up to and including compliance with the rules as set forth in Section 12.201.
12.200.6 Funded Program Monitoring [Rev. eff. 5/1/13]
A. Funded programs shall agree to comply and cooperate with DVP monitoring including, but not limited to, audits and on-site visits not less than once every four years to minimally include review of compliance with rules in Section 12.201.
Code of Colorado Regulations 12 B. Funded programs may be subjected to an emergency audit and/or on-site visit should conditions warrant such measures.
C. The DVP shall document all results of audits and on-site visits in a formal report made available to the funded program.
D. The DVP may take one or more of the following actions after an audit or on-site visit:
E. The DVP may take one or more of the following actions after an audit or on-site visit where the funded program is found to be non-compliant with one or more of the DVP rules in Section 12.201:
F. A funded program may Appeal decisions regarding action plans, restrictions placed upon funding, or denial of further funding:
12.200.7 Review of Formal Complaints [Rev. eff. 5/1/13]
The DVP shall review formal complaints from concerned citizens regarding the delivery of services provided or denied by a program funded by the DVP using the following process:
A. For purposes of these rules, formal complaints are defined as dissatisfaction with services performed or denied by a funded program.
B. All formal complaints shall be made to the DVP staff no later than sixty (60) days after the incident leading to the complaint arose.
C. DVP may accept complaints in writing, verbally, via email or other means as determined by the program.
D. DVP staff shall review complaints within forty-five (45) days of receipt of the written complaint and develop a written response to the program impacted to include a summary of the complaint and request for the impacted program to respond to the complaint.
E. The identity of the concerned citizen bringing forth the complaint shall remain confidential, unless the citizen signs a confidentiality waiver/release of information.
F. The impacted program has thirty (30) business days to respond to the DVP staff.
G. The DVP Advisory Committee shall review the documentation and issue a written response letter to the complainant within sixty (60) business days of receipt of impacted program’s response, indicating their recommendation to the DVP director. Recommendations could include, but are not limited to, action by the DVP, no action, development of requirements or recommendations to remedy the complaint, a corrective action plan, further investigation, or deem it to be an unfounded allegation.
12.201 PROGRAMMATIC AND ADMINISTRATIVE RULES FOR FUNDED ENTITIES
12.201.1 PURPOSE OF PROGRAMMATIC AND ADMINISTRATIVE RULES [Rev. eff. 8/1/09]
These rules, in accordance with Section 26-7.5-104, C.R.S., shall serve as minimum requirements for delivery of free and confidential services to victims of domestic violence and their dependants. Domestic violence programs, as defined in Section 26-7.5-103, C.R.S., that currently do not receive DVP funding should use these rules to begin the process of establishing programs. Programs that currently receive DVP funding shall adhere to these rules to maintain funding from the DVP.
12.201.2 CONFIDENTIALITY REQUIREMENTS [Rev. eff. 8/1/09]
A. All staff and volunteers of programs funded wholly or in part by the DVP that provide direct services to victims of domestic violence and their dependants must receive fifteen (15) or more hours of domestic violence-related training, per Section 13-90-107 C.R.S. Training shall minimally address the following topics:
Code of Colorado Regulations 14
B. All information pertaining to victims of domestic violence and their dependants shall be confidential, as is prescribed by Section 13-90-107, C.R.S., including, but not limited to, the following types of communications:
C. Funded programs shall develop a written policy regarding confidential communications. The written policy shall minimally include:
12.201.3 STATISTICAL DATA AND RECORD KEEPING REQUIREMENTS [Rev. eff. 8/1/09]
All programs funded wholly or in part by the DVP shall:
A. Submit reports using the DVP statistical reporting tool(s) and forms;
B. Submit narrative reports, including data regarding goals and objectives, outcome measurements and other required information according to the schedule set forth by the DVP;
C. Submit data and narrative reports within all timeframes set forth by the DVP; and, D. Keep copies of all reports for a minimum of three (3) years after the end of the grant period. Code of Colorado Regulations 15
12.201.4 FISCAL REQUIREMENTS [Rev. eff. 8/1/09]
A. Funded programs shall demonstrate sound fiscal management as evidenced by:
B. Audits and Financial Reviews
C. Funded programs shall make fiscal documentation available to the state as requested.
12.201.5 BOARD OF DIRECTORS REQUIREMENTS [Eff. 8/1/09]
A. Funded programs that operate directly under the authority of a Board of Directors shall have the following:
B. Funded programs that operate as part of an umbrella or larger organization with its own Board of Directors shall form an Advisory Board with interests focused only on the funding program component that reflects the racial, ethnic, economic, and social composition of the community or region to be served, including former clients of the program and/or persons who have experienced domestic violence.
12.201.6 ADMINISTRATIVE REQUIREMENTS [Rev. eff. 8/1/09]
Funded programs shall demonstrate administrative capacity through the following to minimally include:
A. Compliance with all legal requirements pertaining to nonprofit management, reporting, and governance, as prescribed by State and Federal law;
B. Written by-laws;
C. Written mission statement;
D. Written strategic plan;
E. Written plan pertaining to disaster management to minimally include public health emergencies and natural or environmental disasters including documentation of performance of emergency drills;
F. Written policy regarding participation in lobbying, political activity, and public demonstrations;
G. Procurement of insurance as required by the DVP contract for funding;
H. Compliance with health, safety, fire and zoning regulations including posting of approvals/permits in necessary areas; and, I. Written policy regarding actions taken by the funded program to enhance the safety of facilities used by staff, Board members, volunteers, and victims and their dependants.
12.201.7 PERSONNEL REQUIREMENTS [Rev. eff. 8/1/09]
Funded programs shall have the following duties and responsibilities related to personnel requirements:
A. Written personnel policies;
B. Written volunteer policies;
C. Written job descriptions for employees funded through DVP;
D. Written job descriptions for volunteers;
E. Ensure adequate staff coverage during hours of operation to minimally include staffing of the twenty- four (24) hour crisis line;
Code of Colorado Regulations 17 F. Ensure training is received by paid staff and volunteers prior to the provision of direct services to clients of at least fifteen (15) hours, or as prescribed by Section 13-90-107, C.R.S.;
G. Ensure training is received by paid staff and volunteers to include orientation regarding personnel rules, job duties, and agency operational policies and procedures exclusive of the fifteen (15) hours required by Section 13-90-107, C.R.S., and rule Section 12.201.2;
H. Ensure that all training provided to staff is documented in staff personnel files;
I. Provision of ongoing staff development opportunities;
J. Written ethics statement regarding staff relationships with victims and professional conduct; and, K. Written Equal Employment Opportunity or Affirmative Action employment hiring statement.
12.201.8 PROGRAM SERVICES [Rev. eff. 8/1/09
A. Funded programs shall provide all services on a voluntary basis free of charge to victims of domestic violence and their dependants.
B. Funded programs shall establish clearly defined intake policies and procedures that identify who is eligible for services and how those services are accessed.
C. Funded programs shall minimally provide the following services by trained staff and volunteers to victims of domestic violence and their dependants:
D. Funded programs shall use translators and/or bilingual staff to provide services to victims with limited English proficiency.
E. Funded programs shall develop written policies that state that services shall not discriminate on the basis of age, handicap, sex, race, color, national origin or religion.
F. Funded programs may not deny individuals an equal opportunity to receive program benefits for services through the establishment of criteria for receipt of services or participation in programs or Code of Colorado Regulations 18 activities that screen out or tend to screen out individuals with disabilities including drug and alcohol addiction and mental illness.
G. Funded programs shall not impose an income eligibility standard on individuals receiving assistance or services.
H. Funded programs shall develop formal grievance policies and procedures that afford victims and their dependants an opportunity to resolve grievances with funded programs.
I. Funded programs shall establish written protocols for coordination of services for victims and their dependants with other community service providers.
12.201.9 RESIDENTIAL PROGRAM SERVICES [Rev. eff. 8/1/09]
"Funded residential programs" are defined as programs that provide short-term or long-term overnight accommodations, to include transitional housing in a facility maintained and operated by the funded program to victims and their dependants. Residential programs shall minimally provide:
A. Notification to the DVP of intent to open a new residential facility;
B. Shelter and sleeping accommodations for victims and their dependants;
C. Clean living conditions free from hazards to health and safety;
D. Assessment and intake to evaluate the needs of victims and their dependants;
E. Unrestricted functioning telephone access for the purposes of reaching emergency assistance, securing resources, and maintaining social support;
F. ADA compliant accessible accommodations or other arrangements;
G. Food, clothing, and other basic needs as feasible or by referral;
H. Developmentally appropriate services for children who are exposed to domestic violence to minimally include counseling and recreational opportunities for play;
I. Safe accommodations to minimally include:
J. Sheltering or alternative accommodations, or referrals to male dependants of victims, male victims, victims in same sex relationships, transgendered victims, and victims living with disability.
K. Written policies made available to victims and their dependants to minimally include:
Code of Colorado Regulations 19
12.400 (None) [Rev. eff. 6/1/12]
12.500 COLORADO TRAUMATIC BRAIN INJURY PROGRAM
12.510 INTRODUCTION [Rev. eff. 6/1/12]
These rules implement the Colorado Traumatic Brain Injury Program (Program) as defined in Title 26, Article 1, Part 3, C.R.S.
Individuals who are eligible for program services do not have an entitlement to services. Program services are subject to available funding. If the demand for and need for services exceeds the available funding, the entity under contract to provide services shall maintain a wait list of eligible persons. The TBI Program Director, TBI Board of Directors, and contractor shall determine how eligible persons on the wait list are considered for program services. Eligible persons may receive priority placement on the wait list by the TBI Program Director, TBI Board of Directors, and contractor based on the health, safety, and welfare of the eligible person.
12.520 DEFINITIONS [Rev. eff. 6/1/12]
"Applicant" means an individual for whom an application or referral for services has been completed. "Care Coordination" means a collaborative process that assesses, plans, implements, coordinates, monitors and evaluates the options and services required to meet individual's needs, using communication and available resources to promote quality, cost effective outcomes. "Contractor" means an organization or entity that is under contract with the Department to perform intake and eligibility determination services or to provide services to program participants. “Partner” means an organization or entity that is collaborating with the Department to provide support and services to program participants.
"Program" means the Colorado Traumatic Brain Injury Program, as defined in Title 26, Article 1, Part 3, C.R.S.
"Program participant" means an individual for whom an application or referral for program services has been completed, who has been determined to meet all of the program eligibility criteria, and who has been referred to a contactor or partner to receive program services or to be placed on the contractor's or partner’s wait list for services.
"Protected health information" means any information about an applicant or program participant that is protected under the Health Insurance Portability and Accountability Act of 1996, Public Law Number 104- 191, which is incorporated by reference. No later amendments or editions are incorporated. This information will be included in the program application materials and may be obtained by requesting an application for program services. Copies of this material are also available for review by contacting the Traumatic Brain Injury Program Director, Colorado Department of Human Services, 1575 Sherman Street, Fourth Floor, Denver, Colorado 80203; or at any State publications depository library. "Subrogation" means that the individual must reimburse the Program for funded purchased services if he/she recovers expenses from a third party.
Code of Colorado Regulations 20 "Traumatic Brain Injury (TBI)" means injury to the brain caused by physical trauma resulting from, but not limited to, incidents involving motor vehicles, sporting events, falls, blast injuries, and physical assaults. Documentation of traumatic brain injury shall be based on adequate medical history, neurological examination, including mental status testing or neuropsychological evaluation. Where appropriate, neuroimaging may be used to support the diagnosis. A traumatic brain injury shall be of sufficient severity to produce partial or total disability as a result of impaired cognitive ability and physical function. "TBI Board" or “TBI Board of Directors” means the Colorado Traumatic Brain Injury Board created with the State Department of Human Services pursuant to Section 26-1-302, C.R.S.
12.530 ELIGIBILITY [Rev. eff. 6/1/12]
Applicants who meet all of the following criteria are eligible to receive program services:
A. The applicant has a traumatic brain injury; and, B. The applicant is a resident and, if eighteen years of age or older, lawfully present in Colorado pursuant to Section 24-76.5-103, C.R.S.; and, C. The applicant agrees to subrogation when purchased services supports are available.
12.540 SERVICES [Rev. eff. 6/1/12]
All program participants who receive program services shall receive care coordination services. Additional client purchased services may be provided as program funds permit.
12.541 Case Closure [Rev. eff. 6/1/12]
Care coordination agencies shall establish and publish written guidelines for closing cases. These guidelines shall respect and accommodate the cognitive and behavioral challenges following traumatic brain injury. Program participants shall be treated sensitively and fairly in any case closure discussions and decisions.
A. The Traumatic Brain Injury Program Director and the Board of Directors shall approve the written guidelines for closing cases. Reasons for case closure may include a case when a Program participant:
B. When a case is closed, the program participant shall be provided written notification of this action whenever possible, and of his or her appeal rights and the process of how to appeal. Code of Colorado Regulations 21
12.550 APPEALS AND GRIEVANCES [Rev. eff. 6/1/12]
Applicants and Program participants shall have the right to file grievances and appeals.
12.551 Grievance Process [Rev. eff. 6/1/12]
A "grievance" is an oral or written complaint or expression of dissatisfaction about any matter other than a decision that may be appealed. A grievance may address issues such as the quality of services provided, the person providing services, the timeliness of services, the accessibility of service locations, or the availability of staff.
A. Applicants and program participants shall have ninety (90) calendar days from the date of the incident to file a grievance expressing a complaint or dissatisfaction with any matter other than a decision that may be appealed.
B. The contractor shall accept oral and written grievances, and shall document oral grievances in writing.
C. The contractor shall give applicants and program participants reasonable assistance in filing a grievance and completing procedural steps in the grievance process, upon request.
D. The contractor shall ensure that the individuals who make decisions on grievances are individuals who are not a subject of the grievance and who were not involved in any previous level of review or decision-making regarding the grievance.
E. The contractor shall provide a reasonable opportunity for the individual making the grievance to present information, in person as well as in writing.
F. The contractor shall resolve each grievance and provide written notice within thirty (30) calendar days from the date the contractor receives the grievance. The notice shall include the contractor's proposed resolution to the grievance, the individual's right to further grieve the contractor's proposed resolution to the Colorado Traumatic Brain Injury Program Director or designee, and information on how to contact the Director or designee.
G. Applicants and Program participants shall have ninety (90) calendar days from the date of the contractor's notice to submit their grievance to the Colorado Traumatic Brain Injury Program Director or his/her designee.
H. The grievance process shall be an informational dispute resolution process. The decision of the Colorado Traumatic Brain Injury Program Director or designee shall be final.
12.552 Appeal Process [Rev. eff. 6/1/12]
An "appeal" is a request to review a decision of a contractor to deny or revoke program eligibility or to deny, reduce, suspend or terminate the delivery of program services.
A. The contractors performing eligibility determinations and providing program services shall provide written notice to applicants and Program participants of decisions adversely impacting the individual's eligibility and program services. The notice shall include the decision the contractor has made, the reasons for the decision, the individual's right to appeal the contractor's decision, and the appeal procedures.
B. Applicants and Program participants shall have ninety (90) calendar days to file an appeal from the date of the contractor's notice.
C. The contractor shall accept oral and written appeals, and shall document oral appeals in writing. Code of Colorado Regulations 22 D. The contractor shall give applicants and program participants reasonable assistance in filing an appeal and completing procedural steps in the appeal process, upon request.
E. The contractor shall ensure that the individuals who make decisions on appeals are individuals who were not involved in any previous level of review or decision-making regarding the decision under appeal.
F. The contractor shall provide a reasonable opportunity for the individual making the appeal to present information, in person as well as in writing.
G. The contractor shall resolve each appeal and provide written notice within thirty (30) calendar days from the date the contractor receives the appeal. The notice shall include the contractor's decision regarding the appeal, the individual's right to a second level appeal to the Colorado Department of Human Services, Executive Director or his or her designee, and information on how to contact the Executive Director or his or her designee.
H. Applicants and Program participants shall have ninety (90) calendar days from the date of the contractor's notice to file a second-level appeal with the Department of Human Services, Executive Director or his or her designee.
I. The Executive Director or his or her designee shall have the right to additional information and may request oral argument or a hearing if it deems necessary.
J. The applicant, program participant may represent himself/herself or use legal counsel or other spokesperson at a hearing.
K. The decision of the Executive Director or his or her designee shall constitute final agency action.
L. The contractor whose decision is under appeal shall participate in the appeals process, provide any documentation required, and implement any decision made by the Executive Director or his or her designee.
M. The appeal process shall be conducted pursuant to Section 24-4-105 and 106, C.R.S. _________________________________________________________________________ Editor’s Notes History Section 12.540 emer. Rule eff. 06/06/2008.
Section 12.540 eff. 07/30/2008.
Section 12.200 eff. 08/01/2009.
Sections SBP, 12.105, 12.200, 12.500 eff. 06/01/2012; Section 12.400 repealed eff. 06/01/2012. Sections SBP, 12.200 – 12.200.2, 12.200.4 – 12.200.7 eff. 05/01/2013. Annotations Rules 12.540.C. and 12.540.D. (adopted 01/05/2007) were not extended by Senate Bill 08-075 and therefore expired 05/15/2008.
Code of Colorado Regulations 23