STATEMENT OF BASIS AND PURPOSE, FISCAL IMPACT, AND SPECIFIC STATUTORY AUTHORITY OF REVISIONS MADE TO VOLUME 3 Revisions to sections 3.663.83, .84, .85, .87, and .89 were finally adopted at the 10/4/85 State Board meeting, with an effective date of 12/1/85 (Document 1). 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.

Sections 3.760.5 through 3.760.92 were deleted at the 11/1/85 State Board meeting, with an effective date of 1/1/86 (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.

Sections 3.360.41 through 3.360.4; 3.370.31; 3.460.45 and 3.470.31 were adopted on an emergency basis at the 12/6/85 meeting, with an effective date of 1/1/86 (Document 3). Statement of basis and purpose, emergency statement, 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 3.810.14 was finally adopted at the 12/5/85 meeting with an effective date of 2/1/86 (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 sections 3.240.16, 3.250.16, and 3.250.2 were finally adopted at the 1/3/86 meeting with an effective date of 3/1/86 (Document 9). 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.

Sections 3.360.41 through 3.360.4; 3.370.31; 3.460.45 and 3.470.31 were extended as permanent rules at the 1/3/86 meeting, with an effective date of 3/1/85 (Document 8). Statement of basis and purpose, emergency statement, 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 sections 3.758.46 were emergency adopted at the 4/11/86 State Board Meeting, with an effective date of 4/11/86 (Document 21). 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 3.758.47 was emergency adopted at the 4/11/86 State Board Meeting, with an effective date of 4/11/86 (Document 21). 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 sections 3.360.4; 3.370.3; and were finally adopted at the 6/6/86 meeting with an effective date of 8/1/86 (Documents 5 & 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.

Revisions to sections 3.130.11, 3.130.31, 3-140.31–.35, 3.200.41, 3.210.12–.13, 3.210.15, 3.250.24, 3.600.16, 3.600.21–.22, 3.600.33, 3.600.41, 3.600.53, 3.630.21–.22, 3.650.21, 3.650.51, 3.660.11–.18, 3.662.71, 3.663.31–.4, 3.663.43, 3.663.45, 3.663.51, 3.663.71, 3.663.81–.99, 3.667.21–.41, 3.667.53, 3.667.7, 3.681.11–.13, 3.681.15–.17, 3.800.34, were finally adopted at the 8/1/86 meeting with an effective date of 10/1/86 (Documents 7, 8, 9, 10). Statement of Basis and Purpose, Fiscal Impact, and specific 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 sections 3.360.44; 3.460.45, were emergency adopted at the 8/1/86 meeting with an effective date of 9/1/86 (Document 14). Statement of Basis and Purpose, Fiscal Impact, and specific 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.

Additions of sections 3.622; 3.623; and revisions to sections 3.751.20, 3.751.28, 3.752.22, 2.752.25, 3.755.13, 3.755.44, 3.755.17, 3.758.45, and 3.757.46, were finally adopted at the 9/5/86 meeting with and effective date of 11/1/86 (Documents 2, 3, 12). Statement of Basis and Purpose, Fiscal Impact, and specific 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 sections 3.360.44 and 3.460.45 were emergency adopted at the 9/5/86 meeting with an effective date of 9/5/86 (Document 13). Statement of Basis and Purpose, Fiscal Impact, and specific 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 and additions to sections 3.150.12, 3.150.13, 3.150.21 – 3.150.25, 3.220.12, and 3.220.51 – 3.220.53 were finally adopted at the 10/3/86 meeting with an effective date of 12/1/86 (Document 7). Statement of Basis and Purpose, Fiscal Impact, and specific 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 sections 3.200.32, 3.661.13, 3.661.24, 3.662.22, and 3.666.26, were finally adopted at the 11/7/86 State Board meeting, with an effective date of 1/1/87 (Documents 11 & 12). 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 3.360.4 were finally adopted emergency at the 11/7/86 State Board, meeting with an effective date of 10/3/86 (Document 6). 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 sections 3.360.44, 3.360.45, and 3.470.31 were adopted emergency at the 12/5/86 State Board meeting, with an effective date of 12/5/86 (Document 5). 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 and additions to sections 3.622.33, 3.622.34, 3.622.35, 3.622.36, 3.622.9, 3.623.44, 3.623.54, 3.623.55, 3.623.64, 3.623.65, and 3.623.66 were finally adopted at the 12/5/86 State Board meeting, with an effective date of 2/1/87 (Documents 8, 9). 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 and additions to sections 3.360.44, 3.370.31, 3.460.45, 3.470.31 and 3.758.46 were adopted emergency at the 2/6/87 State Board meeting, with an effective date of 2/6/87 (Documents 13, 14). 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 and additions to sections 3.360.44, 3.370.31, 3.460.45, 3.470.31 and 3.758.46 were finally adopted emergency at the 3/6/87 State Board meeting, with an effective date of 2/6/87 (Documents 3, 4). 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 sections 3.210.11 – 3.210.16, 3.220.11 – 3.220.35, and 3.230.28 – 3.230.45 were finally adopted following publication at the 5/1/87 State Board meeting, with an effective date of 7/1/87 (Document 13). 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 and additions to sections 3.300.11 – 3.300.23, 3.660.12 – 3.660.19, 3.662 – 3.662.33, and 3.663 – 3.663.91 were adopted emergency at the 5/1/87 State Board meeting, with an effective date of 5/1/87 (Documents 16 and 17). 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 and additions to sections 3.300.11 – 3.300.23, 3.660.12 – 3.660.19, 3.662 – 3.662.33, and 3.663 – 3.663.91 were finally adopted emergency at the 6/5/87 State Board meeting, with an effective date of 5/1/87 (Documents 2 and 3). 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 and additions to section 3.480 were adopted emergency at the 6/5/87 State Board meeting, with an effective date of 6/5/87 (Document 4). 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 and additions to section 3.480 were finally adopted emergency at the 7/10/87 State Board meeting, with an effective date of 6/5/87 (Document 19). 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.

Rewrite of sections 3.710 through 3.713.51 were finally adopted following publication at the 7/10/87 State Board meeting, with an effective date of 9/1/87 (Document 10). 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 sections 3.600 were adopted emergency at the 7/10/87 State Board meeting, with an effective date of 7/10/87 (Document 21). 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 sections 3.600 were finally adopted emergency at the 8/7/87 State Board meeting, with an effective date of 7/10/87 (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.

Revisions to sections 3.110, 3.120, 3.130, 3.200, 3.210, 3.250, 3.450, 3.751 – 3.760, and 3.860 were finally adopted following publication at the 9/11/87 State Board meeting, with an effective date of 11/1/87 (Documents 8, 10, 15, 16, and 17). 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 sections 3.600 and 3.667 were adopted emergency at the 9/11/87 State Board meeting, with an effective date of 9/11/87 (Documents 18 and 25). 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 3.667 were finally adopted emergency at the 10/2/87 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.

Revisions to sections 3.360, 3.370, 3.400, 3.450, and 3.910 were finally adopted following publication at the 10/2/87 State Board meeting, with an effective date of 12/1/87 (Documents 8 and 10). 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 3.600 were emergency and final adoption at the 11/6/87 State Board meeting, with an effective date of 11/6/87 (Document 4). 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 sections 3.210, 3.230, and 3.667 were finally adopted following publication at the 11/6/87 State Board meeting, with an effective date of 1/1/88 (Documents 1 and 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. Revisions to sections 3.110, 3.120, 3.140 and 3.850 were finally adopted following publication at the 12/4/87 State Board meeting, with an effective date of 2/1/88 (Documents 4 and 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. Revisions to sections 3.360, 3.370, 3.460 and 3.470 were emergency adopted at the 12/4/87 State Board meeting, with an effective date of 12/4/87 (Document 17). 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 sections 3.360, 3.370, 3.460 and 3.470 were final adoption of emergency at the 1/8/88 State Board meeting, with an effective date of 12/4/87 (Document 1). 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 sections 3.360 and 3.460 were adopted emergency and final at the 1/8/88 State Board meeting, with an effective date of 1/8/87 (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.

Revisions to sections 3.662 and 3.756 were adopted emergency at the 1/8/88 State Board meeting, with an effective date of 1/8/88 (Document 9 and 17). 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 sections 3.662 and 3.756 were final adoption of emergency at the 2/5/88 State Board meeting, with an effective date of 1/8/88. 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 sections 3.610 and 3.910 were finally adopted following publication at the 2/5/88 State Board meeting, with an effective date of 4/1/88. 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 3.758 were adopted emergency at the 2/5/88 State Board meeting (CSPR# 88-1-13- 1), with an effective date of 2/5/88. 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 3.758 were finally adopted emergency at the 3/4/88 State Board meeting (CSPR# 88-1-13-1), with an effective date of 2/5/88. 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 sections 3.130 and 3.250 were finally adopted following publication at the 3/4/88 State Board meeting (CSPR#'s 87-8-10-1 and 87-11-12-1), with an effective date of 5/1/88. 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 sections 3.710.33 through 3.711.17 were finally adopted following publication at the 4/1/88 State Board meeting, with an effective date of 6/1/88 (CSPR# 88-1-4-1). 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 sections 3.360 – 3.370, 3.460 – 3.470, and 3.480 were adopted emergency at the 4/1/88 State Board meeting, with an effective date of 4/1/88 (CSPR# 88-3-25-1 and 88-3-29-1). 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 sections 3.360 – 3.370, 3.460 – 3.470, and 3.480 were final adoption of emergency at the 5/6/88 State Board meeting, with an effective date of 4/1/88 (CSPR# 88-3-25-1 and 88-3-29-1). 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 sections 3.650, 3.666 – 3.667 and 3.681 – 3.683 were finally adopted following publication at the 5/6/88 State Board meeting, with an effective date of 7/1/88 (CSPR# 88-10-22-1). 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 sections 3.360 and 3.460 were adopted emergency at the 5/6/88 State Board meeting, with an effective date of 5/6/88 (CSPR# 88-3-8-2). 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.

Revisions to sections 3.360 and 3.460 were final adoption of emergency at the 6/3/88 State Board meeting, with an effective date of 5/6/88 (CSPR# 88-3-8-2). 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. Revisions to sections 3.360 and 3.460 were adopted emergency and final at the 7/8/88 State Board meeting, with an effective date of 7/1/88 (CSPR# 88-5-13-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.210 and 3.230 were adopted emergency at the 7/8/88 State Board meeting, with an effective date of 7/8/88 (CSPR# 88-5-25-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.751– 3.758 and 3.760 were finally adopted following publication at the 7/8/88 State Board meeting, with an effective date of 9/1/88 (CSPR# 88-4-20-1). 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 3.210 and 3.230 were final adoption of emergency at the 8/5/88 State Board meeting, with an effective date of 7/8/88 (CSPR# 88-5-25-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.140, 3.210, 3.230, 3.300, 3.400, 3.480, 3.600, 3.610, 3.630, 3.650, 3.667, and 3.710 were finally adopted following publication at the 8/5/88 State Board meeting, with an effective date of 10/1/88 (CSPR# 88-1-15-2, #88-3-8-1, #88-4-28-1, #88-5-5-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 3.480 were finally adopted following publication at the 9/9/88 State Board meeting, with an effective date of 11/1/88 (CSPR# 88-6-10-1). 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 section 3.711 were emergency adopted at the 9/9/88 State Board meeting, with an effective date of 10/1/88 (CSPR# 88-8-22-2), and addition of section 3.360.6 was emergency adopted at the 9/9/88 State Board meeting, with and effective date of 9/9/88 (CSPR# 88-7-22-3). 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 section 3.711 were final adoption of emergency at the 10/7/88 State Board meeting, with an effective date of 10/1/88 (CSPR# 88-8-22-2), and addition of section 3.360.6 was final adoption of emergency at the 10/7/88 State Board meeting, with and effective date of 9/9/88 (CSPR# 88-7-22-3). 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 3.770 was finally adopted following publication at the 10/7/88 State Board meeting, with an effective date of 12/1/88 (CSPR# 88-8-12-3). 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 3.360 and 3.460 were emergency adopted at the 10/7/88 State Board meeting, with an effective date of 10/7/88 (CSPR# 88-10-6-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.360 and 3.460 were adopted emergency and final at the 12/2/88 State Board meeting, with an effective date of 10/1/88 (CSPR# 88-10-6-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.360, 3.370, 3.460, and 3.470 were emergency adopted at the 12/2/88 State Board meeting, with an effective date of 12/2/88 (CSPR# 88-10-28-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.360, 3.370, 3.460, and 3.470 were final adoption of emergency at the 1/6/89 State Board meeting, with an effective date of 12/2/88 (CSPR# 88-10-28-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.120–3.130, 3.200, 3.230, 3.250, 3.601, 3.630, 3.640, 3.650, 3.660, 3.662, 3.666– 3.667, 3.681–3.683, 3.830, 3.910, and 3.920 were finally adopted following publication at the 2/3/89 State Board meeting, with an effective date of 4/1/89 (CSPR# 88-9-21-3). 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 section 3.758 were emergency adopted at the 2/3/89 State Board meeting, with an effective date of 2/3/89 (CSPR# 89-1-13-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 3.758 were final adoption of emergency at the 3/3/89 State Board meeting, with an effective date of 2/3/89 (CSPR# 89-1-13-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.622, 3.640, and 3.667 were finally adopted following publication at the 3/3/89 State Board meeting, with an effective date of 5/1/89 (CSPR# 88-12-12-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 3.630 were emergency adopted at the 3/3/89 State Board meeting, with an effective date of 3/3/89 (CSPR# 89-1-18-1). 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 section 3.630 were final adoption of emergency at the 4/7/89 State Board meeting, with an effective date of 3/3/89 (CSPR# 89-1-18-1). 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 3.200, 3.210, 3.661, and 3.662 were emergency adopted at the 4/7/89 State Board meeting, with an effective date of 4/7/89 (CSPR#'s 88-11-8-1 and 89-2-22-2), and sections 3.360 and 3.460 were emergency adopted at the 4/7/89 State Board meeting, with an effective date of 5/1/89 (CSPR# 89-2-21-1). 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 3.200, 3.210, 3.661, and 3.662 were final adoption of emergency at the 5/5/89 State Board meeting, with an effective date of 4/7/89 (CSPR#'s 88-11-8-1 and 89-2-22-2), and sections 3.360 and 3.460 were final adoption of emergency at the 5/5/89 State Board meeting, with an effective date of 5/1/89 (CSPR# 89-2-21-1). 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 3.360 and 3.460 were adopted emergency at the 5/5/89 State Board meeting, with an effective date of 5/5/89 (CSPR# 89-2-21-2). 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 Office of the State Board Liaison, Department of Social Services.

Addition of section 3.612 was adopted emergency at the 6/2/89 State Board meeting, with an effective date of 7/1/89 (CSPR# 89-5-1-1). 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 3.612 was final adoption of emergency at the 7/7/89 State Board meeting, with an effective date of 7/1/89 (CSPR# 89-5-1-1). 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 3.360 and 3.460 were final adoption of emergency at the 7/7/89 State Board meeting, with an effective date of 5/5/89 (CSPR# 89-2-21-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.710 – 3.711 and 3.800 were finally adopted following publication at the 7/7/89 State Board meeting, with an effective date of 9/1/89 (CSPR#'s 89-3-24-1 and 89-4-5-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 3.840 – 3.855 and 3.920 were adopted emergency at the 7/7/89 State Board meeting, with an effective date of 7/1/89 (CSPR# 89-4-19-1). 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 3.800, 3.840 – 3.855 and 3.920 were adopted emergency and final at the 8/4/89 State Board meeting, with an effective date of 7/1/89 (CSPR# 89-4-19-1). 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 3.750 – 3.758 and 3.760 were finally adopted following publication at the 8/4/89 State Board meeting, with an effective date of 10/1/89 (CSPR# 89-5-23-1). 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.

Revisions to sections 3.200, 3.220, 3.230, 3.250, and 3.661 were adopted emergency at the 8/4/89 State Board meeting, with an effective date of 8/4/89 (CSPR# 89-7-5-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.200, 3.220, 3.230, 3.250, and 3.661 were final adoption of emergency at the 9/8/89 State Board meeting, with an effective date of 8/4/89 (CSPR# 89-7-5-1). 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 Office of the State Board Liaison. Department of Social Services.

Revisions to sections 3.250, 3.663, 3.666, and 3.667 were final adoption following publication at the 10/6/89 State Board meeting, with an effective date of 12/1/89 (CSPR# 89-6-23-1). 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. Revisions to sections 3.210 and 3.752 – 3.753 were adopted emergency at the 10/6/89 State Board meeting, with an effective date of 10/6/89 (CSPR#'s 89-8-11-2 and 89-9-1-1). 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 3.210 and 3.752 – 3.753 were final adoption of emergency at the 11/3/89 State Board meeting, with an effective date of 10/6/89 (CSPR#'s 89-8-11-2 and 89-9-1-1). 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 section 3.760 were adopted emergency at the 11/3/89 State Board meeting, with an effective date of 11/3/89 (CSPR# 89-10-10-1). 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 section 3.760 were final adoption of emergency at the 12/1/89 State Board meeting, with an effective date of 11/3/89 (CSPR# 89-10-10-1). 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 and additions to sections 3.360, 3.370, 3.460, 3.470, 3.622, and 3.630 – 3.650 were adopted emergency at the 12/1/89 State Board meeting, with an effective date of 1/1/90 (CSPR#'s 89-10-13-1 and 89-11-6-2). 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 Office of the State Board Liaison, Department of Social Services. Revisions and additions to sections 3.360, 3.370, 3.460, 3.470, 3.622, and 3.630 – 3.650 were final adoption of emergency at the 1/5/90 State Board meeting, with an effective date of 1/1/90 (CSPR#'s 89- 10-13-1 and 89-11-6-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 3.110 were adopted emergency at the 1/5/90 State Board meeting, with an effective date of 1/5/90 (CSPR# 89-11-7-1). 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 section 3.110 were adopted emergency at the 1/5/90 State Board meeting, with an effective date of 1/5/90 (CSPR# 89-11-7-1). 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 section 3.110 were final adoption of emergency at the 2/2/90 State Board meeting, with an effective date of 1/5/90 (CSPR# 89-11-7-1). 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 3.450 and removal of a form from 3.910 were final adoption following publication at the 2/2/90 State Board meeting, with an effective date of 4/1/90 (CSPR# 89-11-1-1). 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 3.710 – 3.711 and 3.712 were adopted emergency at the 2/2/90 State Board meeting, with an effective date of 2/2/90 (CSPR# 89-12-4-1). 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 3.710 – 3.711 and 3.712 were final adoption of emergency at the 3/2/90 State Board meeting, with an effective date of 2/2/90 (CSPR# 89-12-4-1). 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 section 3.759 were final adoption following publication at the 3/2/90 State Board meeting, with an effective date of 5/1/90 (CSPR# 90-1-9-1). 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 3.668 was adopted emergency at the 3/2/90 State Board meeting, with an effective date of 4/1/90 (CSPR# 89-11-22-2). 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 Office of the State Board Liaison, Department of Social Services.

Addition of section 3.668 was final adoption of emergency at the 4/5/90 State Board meeting, with an effective date of 4/1/90 (CSPR# 89-11-22-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.360 and 3.460 were final adoption following publication at the 4/6/90 State Board meeting, with an effective date of 4/1/90 (CSPR# 90-1-10-1). 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 3.200 and 3.661 were final adoption following publication at the 6/1/90 State Board meeting, with an effective date of 8/1/90 (CSPR# 89-9-27-1). 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 3.110, 3.130, 3.200, 3.230, 3.250, 3.600, 3.601, 3.602, 3.650, 3.660, 3.661, 3.662, 3.666, 3.668, 3.680, 3.683, 3.751 – 3.752, 3.754 – 3.755, 3.758, and 3.811 were final adoption following publication at the 8/3/90 State Board meeting, with an effective date of 10/1/90 (CSPR#'s 90-4-20-1, 90-5- 25-1, 90-5-29-1, and 90-5-30-1). 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 the State Board Liaison, Department of Social Services.

Revisions to sections 3.150, 3.632 – 3.633, 3.636 – 3.640, and 3.642 – 3.643 were adopted emergency at the 9/7/90 State Board meeting, with an effective date of 9/7/90 (CSPR# 90-6-22-2) and with an effective date of 10/1/90 (CSPR# 90-7-17-1). 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 3.632 – 3.633, 3.636 – 3.640, and 3.642 – 3.643 were final adoption of emergency at the 10/5/90 State Board meeting, with an effective date of 10/1/90 (CSPR# 90-7-17-1). 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 section 3.150 were adopted emergency and final at the 11/2/90 State Board meeting, with effective dates of 9/7/90 and 11/2/90 (CSPR# 90-6-22-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.610 – 3.612 and 3.630 – 3.643 were final adoption following publication at the 11/2/90 State Board meeting, with an effective dates of 1/1/91 (CSPR#'s 90-8-22-1 and 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. Revisions to sections 3.360, 3.370, 3.460 and 3.470 were adopted emergency at the 11/2/90 State Board meeting, with an effective date of 11/2/90 (CSPR# 90-10-18-1). 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 3.360, 3.370, 3.460 and 3.470 were final adoption of emergency at the 12/7/90 State Board meeting, with an effective date of 11/2/90 (CSPR# 90-10-18-1). 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 3.140, 3.200, 3.220, 3.240, 3.250 and 3.460 were final adoption of following publication at the 12/7/90 State Board meeting, with an effective date of 2/1/91 (CSPR# 90-9-17-3). 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 3.360, 3.460, and 3.758 were adopted emergency at the 2/1/91 State Board meeting, with an effective date of 2/1/91 (CSPR# 91-1-8-2 and 91-1-24-1). 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.

Revisions to section 3.758 was final adoption of emergency at the 3/8/91 State Board meeting, with an effective date of 2/1/91 (CSPR# 91-1-24-1). 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.

Revisions to sections 3.360 and 3.460 were adopted emergency and final at the 3/8/91 State Board meeting, with an effective date of 2/1/91 and 3/8/91 (CSPR# 91-1-8-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.600, 3.602, 3.632 – 3.633, 3.634 – 3.635, 3.636, 3.639 – 3.643, 3.650 – 3.660, 3.661, and 3.710 – 3.712 were final adoption following publication at the 4/5/91 State Board meeting, with an effective date of 6/1/91 (CSPR#'s 90-11-19-1, 91-1-10-1). 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 3.360 and 3.460 were adopted emergency at the 4/5/91 State Board meeting, with an effective date of 5/1/91 (CSPR# 91-3-19-1). 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 3.360 and 3.460 were adopted emergency and final at the 5/3/91 State Board meeting, with effective dates of 5/1/91 and 5/3/91 (CSPR# 91-3-19-1). 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 3.360 and 3.460 and addition of section 3.500 were final adoption following publication at the 5/3/91 State Board meeting, with an effective date of 7/1/91 (CSPR#'s 91-2-26-1 and 91-3-11-1). 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 section 3.150 were adopted emergency at the 5/3/91 State Board meeting, with an effective date of 6/1/91 (CSPR# 91-4-1-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 3.150 were adopted emergency at the 5/3/91 State Board meeting, with an effective date of 6/1/91 (CSPR# 91-4-1-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 3.150 were final adoption of emergency at the 6/1/91 State Board meeting, with an effective date of 6/1/91 (CSPR# 91-4-1-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.630 through 3.643 were final adoption following publication at the 6/7/91 State Board meeting, with an effective date of 8/1/91 (CSPR# 91-3-20-1). 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 3.360 and 3.460 were adopted emergency at the 6/7/91 State Board meeting, with effective dates of 6/7/91 (CSPR# 91-5-9-1) and 7/1/91 (CSPR#91-3-1-1). 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 3.360 and 3.460 were final adoption of emergency at the 7/12/91 State Board meeting, with effective dates of 6/7/91 (CSPR# 91-5-9-1) and 7/1/91 (CSPR# 91-3-1-1). 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 3.250, 3.661 and 3.663 were final adoption following publication at the 7/12/91 State Board meeting, with an effective date of 9/1/91 (CSPR# 91-4-18-1). 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 3.751 and 3.810 – 3.811 were final adoption following publication at the 8/2/91 State Board meeting, with an effective date of 10/1/91 (CSPR# 91-6-5-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.750 through 3.770 were final adoption following publication at the 9/6/91 State Board meeting, with an effective date of 11/1/91 (CSPR# 91-5-29-3). 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 3.360 and 3.460 were adopted emergency at the 9/6/91 State Board meeting, with an effective date of 10/1/91 (CSPR# 91-7-29-1). 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 3.360 and 3.460 were final adoption of emergency at the 10/4/91 State Board meeting, with an effective date of 10/1/91 (CSPR# 91-7-29-1). 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 3.600, 3.602, 3.623, 3.642 – 3.643, and 3.800 were final adoption following publication at the 10/4/91 State Board meeting, with an effective date of 12/1/91 (CSPR#'s 91-7-17-2 and 91-8-21-1). 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 3.360, 3.370, 3.460 and 3.710 – 3.711 were adopted emergency at the 10/4/91 State Board meeting, with an effective date of 11/1/91 (CSPR#'s 91-9-4-1 and 91-9-12-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 3.360, 3.370, 3.460 and 3.710 – 3.711 were final adoption of emergency at the 11/1/91 State Board meeting, with an effective date of 11/1/91 (CSPR#'s 91-9-4-1 and 91-9-12-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 3.300, 3.600, 3.660, 3.662 and 3.667 were adopted emergency at the 11/1/91 State Board meeting, with an effective date of 12/1/91 (CSPR# 91-10-21-3). 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 3.300, 3.600, 3.660, 3.662 and 3.667 were emergency and final adoption at the 12/6/91 State Board meeting, with an effective date of 12/1/91 (CSPR# 91-10-21-3). 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 3.250, 3.360, 3.370, 3.460, and 3.470 were adopted emergency at the 12/6/91 State Board meeting, with an effective date of 1/1/92 (CSPR#'s 91-10-21-1 and 91-11-8-2). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 3.250, 3.360, 3.370, 3.460, and 3.470 were final adoption of emergency at the 1/10/92 State Board meeting, with an effective date of 1/1/92 (CSPR#'s 91-10-21-1 and 91-11-8-2). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 3.630 – 3.633, 3.634 – 3.643, and 3.710 – 3.711 were final adoption following publication at the 1/10/92 State Board meeting, with an effective date of 3/1/92 (CSPR#'s 91-10-16-1 and 91-10-22-1). 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 3.900 – 3.926 were adopted emergency and final at the 1/10/92 State Board meeting, with an effective date of 2/1/92 (CSPR# 91-10-9-1). 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 3.360, 3.460, and 3.758.46 were adopted emergency at the 2/7/92 State Board meeting, with an effective date of 2/7/92 (CSPR#'s 91-12-2-1 and 92-1-3-1). 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 section 3.758.46 were final adoption of emergency at the 3/6/92 State Board meeting, with an effective date of 2/7/92 (CSPR# 92-1-3-1). 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 3.360, and 3.460 were adopted emergency and final at the 3/6/92 State Board meeting, with effective dates of 2/7/92 and 3/6/92 (CSPR# 91-12-2-1). 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 3.360, and 3.460 were adopted emergency and final at the 3/6/92 State Board meeting, with effective dates of 2/7/92 and 3/6/92 (CSPR# 91-12-2-1). 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 3.250, 3.360, and 3.460 were adopted emergency and final at the 3/6/92 State Board meeting, with an effective date of 4/1/92 (CSPR#'s 91-12-30-1 and 91-12-30-2). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 3.810 and 3.811 were final adoption following publication at the 3/6/92 State Board meeting, with an effective date of 5/1/92 (CSPR# 91-12-16-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.120, 3.600 – 3.601 and 3.650 were adopted emergency and final at the 4/3/92 State Board meeting, with an effective date of 5/1/92 (CSPR# 92-1-7-1). 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 3.210, 3.500, 3.602, 3.660, 3.661 – 3.662, 3.663, 3.668, 3.810, 3.811, and 3.860 were final adoption following publication at the 5/1/92 State Board meeting, with an effective date of 7/1/92 (CSPR#'s 92-2-6-1 and 92-3-12-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.200 were adopted emergency at the 5/1/92 State Board meeting, with an effective date of 5/1/92 (CSPR# 92-3-30-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 3.200 were final adoption of emergency at the 6/5/92 State Board meeting, with an effective date of 5/1/92 (CSPR# 92-3-30-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.200 and 3.661 were adopted emergency at the 6/5/92 State Board meeting, with an effective date of 6/5/92 (CSPR# 92-4-29-1). 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 3.200 and 3.661 were final adoption of emergency at the 7/10/92 State Board meeting, with an effective date of 6/5/92 (CSPR# 92-4-29-1). 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 section 3.200.41 were final adoption following publication at the 7/10/92 State Board meeting, with an effective date of 9/1/92 (CSPR# 92-4-29-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 3.600 were final adoption following publication at the 8/7/92 State Board meeting, with an effective date of 10/1/92 (CSPR# 92-4-28-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 3.250 were adopted emergency at the 8/7/92 State Board meeting, with an effective date of 8/1/92 (CSPR# 92-7-1-1). 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 section 3.250 were final adoption of emergency at the 9/4/92 State Board meeting, with an effective date of 8/1/92 (CSPR# 92-7-1-1). 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 3.750 – 3.754, 3.755 – 3.756, and 3.757 – 3.761 were final adoption following publication at the 9/4/92 State Board meeting, with an effective date of 11/1/92 (CSPR# 92-7-6-1). 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 3.360 and 3.460 were final adoption following publication at the 10/2/92 State Board meeting, with an effective date of 12/1/92 (CSPR# 92-3-20-1). 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 section 3.602 were adopted emergency at the 10/2/92 State Board meeting, with an effective date of 10/2/92 (CSPR# 92-6-25-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 3.602 were final adoption of emergency at the 11/6/92 State Board meeting, with an effective date of 10/2/92 (CSPR# 92-6-25-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.668 and 3.900 through 3.926 were final adoption following publication at the 11/6/92 State Board meeting, with an effective date of 1/1/93 (CSPR#'s 92-7-24-1 and 92-8-26-1). 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 3.250, 3.360, 3.370 and 3.460 – 3.470 were adopted emergency at the 12/4/92 State Board meeting, with an effective date of 12/4/92 (CSPR# 92-10-26-1). 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 3.250, 3.360, 3.370 and 3.460 – 3.470 were final adoption of emergency at the 1/8/93 State Board meeting, with an effective date of 12/4/92 (CSPR# 92-10-26-1). 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 3.900 through 3.913 and 3.921 through 3.924 were final adoption following publication at the 2/5/93 State Board meeting, with an effective date of 4/1/93 (CSPR# 92-10-22-1). 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 section 3.758.46 were adopted emergency at the 2/5/93 State Board meeting, with an effective date of 2/5/93 (CSPR# 93-1-7-1). 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 section 3.758.46 were final adoption of emergency at the 3/5/93 State Board meeting, with an effective date of 2/5/93 (CSPR# 93-1-7-1). 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 3.900 – 3.903 and 3.905 – 3.913 were final adoption following publication at the 5/7/93 State Board meeting, with an effective date of 7/1/93 (CSPR# 93-3-10-1). 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 3.632 through 3.643 were final adoption following publication at the 6/4/93 State Board meeting, with an effective date of 8/1/93 (CSPR# 93-3-19-1). 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 3.100 – 3.110, 3.120, 3.130, 3.140, 3.250, 3.450, 3.600 – 3.602, 3.650, 3.662 – 3.665, 3.668, 3.811, and 3.850 – 3.860 were final adoption following publication at the 7/9/93 State Board meeting, with an effective date of 9/1/93 (CSPR# 93-3-25-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.750 through 3.760 were final adoption following publication at the 9/10/93 State Board meeting, with an effective date of 11/1/93 (CSPR# 93-6-24-1). 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.

Revisions to sections 3.360, 3.460, 3.500 were adopted emergency at the 9/10/93 State Board meeting, with an effective date of 9/10/93 (CSPR#'s 93-7-12-1, 93-7-22-1, and 93-8-11-1). 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 3.360, 3.460, 3.500 were final adoption of emergency at the 10/1/93 State Board meeting, with an effective date of 9/10/93 (CSPR#'s 93-7-12-1, 93-7-22-1, and 93-8-11-1). 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 3.500, 3.643 – 3.644, 3.800, 3.850, and 3.911 were adopted emergency and final at the 10/1/93 State Board meeting, with an effective date of 10/1/93 (CSPR#'s 93-6-4-1 and 93-7-15-1). 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 section 3.904 were final adoption following publication at the 10/1/93 State Board meeting, with an effective date of 12/1/93 (CSPR# 93-7-28-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.600 and 3.663 were final adoption following publication at the 11/5/93 State Board meeting, with an effective date of 1/1/94 (CSPR# 93-8-23-1). 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.

Revisions to sections 3.100, 3.140, 3.600 – 3.601, and 3.662 were final adoption following publication at the 12/3/93 State Board meeting, with an effective date of 2/1/94 (CSPR#'s 93-8-18-2 and 93-9-1-1). 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 3.250, 3.360, 3.370, 3.460, and 3.470 were adopted emergency at the 12/3/93 State Board meeting, with an effective date of 1/1/94 (CSPR# 93-10-25-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 3.250, 3.360, 3.370, 3.460, and 3.470 were adopted emergency and final at the 1/7/94 State Board meeting, with effective dates of 1/1/94 and 1/7/94 (CSPR# 93-10-25-2). 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 Office of the State Board Liaison, Department of Social Services. Revisions to the Table of Contents and section 3.150 were final adoption following publication at the 2/4/94 State Board meeting, with an effective date of 4/1/94 (CSPR# 93-10-26-1). 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 section 3.758 were adopted emergency at the 2/4/94 State Board meeting, with an effective date of 2/4/94 (CSPR# 94-1-6-1). 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 section 3.758 were final adoption of emergency at the 3/4/94 State Board meeting, with an effective date of 2/4/94 (CSPR# 94-1-6-1). 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 3.110, 3.120, 3.230, and 3.450 were final adoption following publication at the 3/4/94 State Board meeting, with an effective date of 5/1/94 (CSPR# 93-11-23-1). 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.

Revisions to section 3.870 were final adoption following publication at the 5/6/94 State Board meeting, with an effective date of 7/1/94 (CSPR# 94-1-20-1). 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 3.360 and 3.460 were adopted emergency at the 5/6/94 State Board meeting, with an effective date of 7/1/94 (CSPR# 94-3-30-1). 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 the State Board Liaison, Department of Social Services.

Revisions to sections 3.360 and 3.460 were final adoption of emergency at the 6/3/94 State Board meeting, with an effective date of 7/1/94 (CSPR# 94-3-30-1). 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 the State Board Liaison, Department of Social Services.

Revisions to sections 3.200, 3.230, 3.240 – 3.250 and 3.900 – 3.926 were final adoption following publication at the 6/3/94 State Board meeting, with an effective date of 8/1/94 (CSPR#'s 94-2-16-2 and 94-3-30-2). 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 Office of the State Board Liaison, Department of Social Services. Revisions to section 3.668 were final adoption following publication at the 7/8/94 State Board meeting, with an effective date of 9/1/94 (CSPR# 94-5-2-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.751 and 3.752 – 3.760 were final adoption following publication at the 9/9/94 State Board meeting, with an effective date of 11/1/94 (CSPR# 94-5-24-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.921 through 3.926 were adopted emergency at the 10/7/94 State Board meeting, with an effective date of 10/7/94 (CSPR# 94-8-22-1). 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 External Affairs, Department of Human Services. (Note: Final adoption failed at the 11/4/94 State Board meeting.) Revisions to sections 3.110, 3.130, 3.140, 3.210, 3.230, 3.250, 3.360, 3.382, 3.460, and 3.636 – 3.638 were final adoption following publication at the 11/4/94 State Board meeting, with an effective date of 1/1/95 (CSPR#'s 94-7-21-1, 94-7-21-2, 94-8-29-1, and 94-9-7-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.360 – 3.370, 3.460 – 3.470, 3.900 – 3.911, and 3.921 – 3.924 were adopted emergency at the 12/2/94 State Board meeting, with an effective date of 12/2/94 (CSPR# 94-8-22-2) and 1/1/95 (CSPR# 94-10-17-1). 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 External Affairs, Department of Human Services. Revisions to sections 3.900 – 3.911, and 3.921 – 3.924 were final adoption of emergency at the 1/6/95 State Board meeting, with an effective date of 12/2/94 (CSPR# 94-8-22-2). 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 Office of the External Affairs, Department of Human Services.

Revisions to sections 3.360 – 3.370 and 3.460 – 3.470 were adopted emergency and final at the 1/6/95 State Board meeting, with effective dates of 1/1/95 and 1/6/95 (CSPR# 94-10-17-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.500, 3.663, and 3.800 – 3.830 were final adoption following publication at the 2/3/95 State Board meeting, with an effective date of 4/1/95 (CSPR#'s 94-9-6-1 and 94-10-27-1). 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 External Affairs, Department of Human Services. Revisions to section 3.120 were final adoption following publication at the 3/3/95 State Board meeting, with an effective date of 5/1/95 (CSPR# 94-12-15-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.120, 3.130, 3.250 – 3.290, 3.600, 3.643, 3.650, 3.660 – 3.662, 3.663, 3.666 – 3.667, and 3.820 – 3.830 were final adoption following publication at the 4/7/95 State Board meeting, with an effective date of 6/1/95 (CSPR# 95-1-4-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.904 – 3.905, 3.908 – 3.911, and 3.921 – 3.926 were final adoption following publication at the 5/5/95 State Board meeting, with an effective date of 7/1/95 (CSPR# 95-2-21-1). 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 External Affairs, Department of Human Services. Revisions to sections 3.130, 3.200, 3.210, 3.661 and 3.900 through 3.926 were final adoption following publication at the 6/2/95 State Board meeting, with an effective date of 8/1/95 (CSPR#'s 95-3-13-1 and 95-3-24-2). 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 Office of the External Affairs, Department of Human Services. Revisions to section 3.860 were adopted emergency at the 6/2/95 State Board meeting, with an effective date of 7/1/95 (CSPR# 95-3-24-1). 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 External Affairs, Department of Human Services.

Revisions to section 3.860 were final adoption of emergency at the 7/7/95 State Board meeting, with an effective date of 7/1/95 (CSPR# 95-3-24-1). 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 External Affairs, Department of Human Services.

Revisions to section 3.911 were adopted emergency at the 7/7/95 State Board meeting, with an effective date of 7/1/95 (CSPR# 95-6-12-1). 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 Office of the External Affairs, Department of Human Services.

Revisions to section 3.911 were final adoption of emergency at the 8/4/95 State Board meeting, with an effective date of 7/1/95 (CSPR# 95-6-12-1). 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 Office of the External Affairs, Department of Human Services.

Revisions to section 3.662 were adopted emergency at the 8/4/95 State Board meeting, with an effective date of 9/1/95 (CSPR# 95-6-5-1). 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 Office of the External Affairs, Department of Human Services.

Revisions to section 3.662 were final adoption of emergency at the 9/8/95 State Board meeting, with an effective date of 9/1/95 (CSPR# 95-6-5-1). 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 Office of the External Affairs, Department of Human Services.

Revisions to sections 3.750 – 3.758, 3.760 – 3.770, 3.904, 3.906 – 3.909 and 3.921 – 3.926 were final adoption following publication at the 9/8/95 State Board meeting, with an effective date of 11/1/95 (CSPR#'s 95-6-23-1 and 95-6-26-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.710 – 3.712 were adopted emergency at the 9/8/95 State Board meeting, with an effective date of 10/1/95 (CSPR# 95-7-11-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.710 – 3.712 were adopted emergency and final at the 10/6/95 State Board meeting, with an effective date of 10/1/95 (CSPR# 95-7-11-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.900 – 3.904.1 and 3.906 were adopted emergency at the 12/1/95 State Board meeting, with an effective date of 1/1/96 (CSPR# 95-11-30-1). 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 the External Affairs, Department of Human Services.

Revisions to sections 3.900 – 3.904.1 and 3.906 were adopted emergency and final at the 1/5/96 State Board meeting, with an effective date of 1/1/96 (CSPR# 95-11-30-1). 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 the External Affairs, Department of Human Services.

Revisions to sections 3.200, 3.210, 3.250 and 3.912 – 3.913 were final adoption following publication at the 1/5/96 State Board meeting, with an effective date of 3/1/96 (CSPR#'s 95-10-6-1 and 95-10-13-1). 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 Office of the External Affairs, Department of Human Services. Revisions to sections 3.130 and 3.662 were final adoption following publication at the 4/5/96 State Board meeting, with an effective date of 6/1/96 (CSPR#'s 95-12-28-1 and 96-1-25-1). 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 Office of the External Affairs, Department of Human Services.

Revisions to section 3.667 were adopted emergency and final at the 4/5/96 State Board meeting, with an effective date of 4/5/96 (CSPR# 96-2-7-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.250, 3.360, and 3.460 were adopted emergency at the 4/5/96 State Board meeting, with an effective date of 5/1/96 (CSPR# 96-1-31-1). 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 External Affairs, Department of Human Services.

Revisions to section 3.911 were final adoption following publication at the 5/3/96 State Board meeting, with an effective date of 7/1/96 (CSPR# 96-2-28-1). 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 Office of the External Affairs, Department of Human Services.

Revisions to sections 3.360 and 3.460 were adopted emergency at the 6/7/96 State Board meeting, with an effective date of 7/1/96 (CSPR# 96-5-2-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.360 and 3.460 were final adoption of emergency at the 7/12/96 State Board meeting, with an effective date of 7/1/96 (CSPR# 96-5-2-1). 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 External Affairs, Department of Human Services.

Revisions to section 3.450 were final adoption following publication at the 7/12/96 State Board meeting, with an effective date of 9/1/96 (CSPR# 96-2-28-2). 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 Office of the External Affairs, Department of Human Services.

Revisions to sections 3.210, 3.220–3.250, 3.360, and 3.460 were adopted as emergency at the 8/2/96 State Board meeting, with an effective date of 6/1/96 (CSPR# 96-7-1-2). 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 Office of the External Affairs, Department of Human Services.

Revisions to sections 3.210, 3.220–3.250, 3.360, and 3.460 were adopted as emergency and final at the 9/6/96 State Board meeting, with an effective date of 6/1/96 (CSPR# 96-7-1-2). 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 Office of the External Affairs, Department of Human Services.

Revisions to sections 3.360, 3.370, and 3.750 through 3.770 were final adoption following publication at the 9/6/96 State Board meeting, with an effective date of 11/1/96 (CSPR#'s 96-6-12-1 and 96-7-1-1). 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 External Affairs, Department of Human Services. Revisions to section 3.904 were final adoption following publication at the 11/8/96 State Board meeting, with an effective date of 1/1/97 (CSPR# 96-8-26-1). 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 External Affairs, Department of Human Services.

Revisions to section 3.350, 3.400 – 3.450, 3.650, 3.758, 3.761, 3.800 – 3.811, 3.820 – 3.850, and 3.880 were final adoption following publication at the 12/6/96 State Board meeting, with an effective date of 2/1/97 (CSPR#'s 96-9-11-1 and 96-10-1-2). 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 Office of the External Affairs, Department of Human Services.

Revisions to section 3.350, 3.400 – 3.450, 3.650, 3.758, 3.761, 3.800 – 3.811, 3.820 – 3.850, and 3.880 were final adoption following publication at the 12/6/96 State Board meeting, with an effective date of 2/1/97 (CSPR#'s 96-9-11-1 and 96-10-1-2). 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 Office of the External Affairs, Department of Human Services.

Revisions to section 3.150, 3.300 – 3.350, 3.360, and 3.460 were adopted emergency at the 12/6/96 State Board meeting, with an effective date of 1/1/97 (CSPR#'s 96-8-13-1, 96-10-16-1, and 96-10-21-2). 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 Office of the External Affairs, Department of Human Services. Revisions to section 3.150, 3.300 – 3.350, 3.360, and 3.460 were adopted emergency and final at the 1/3/97 State Board meeting, with an effective date of 1/1/97 (CSPR#'s 96-8-13-1, 96-10-16-1, 96-10-21- 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 Office of the External Affairs, Department of Human Services. Revisions to sections 3.350, 3.400, and 3.491 were final adoption following publication at the 1/3/97 State Board meeting, with an effective date of 3/1/97 (CSPR#'s 96-9-20-1, 96-10-1-1, 96-12-5-1). 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 Office of External Affairs, Department of Human Services.

Revisions to sections 3.350, 3.400, 3.450, 3.650, 3.758, 3.761, 3.800, 3.810, 3.811, 3.820, 3.830, and 3.840 through 3.850 were re-promulgated 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 and 96-10-1-2). 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 Office of External Affairs, Department of Human Services.

Revisions to section 3.758 were adopted emergency at the 3/7/97 State Board meeting, with an effective date of 3/7/97 (CSPR# 97-2-10-1). 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. Revisions to section 3.758 were final adoption of emergency at the 4/4/97 State Board meeting, with an effective date of 3/7/97 (CSPR# 97-2-10-1). 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.

Revisions to the “Table of Contents” , sections 3.140, 3.360, 3.460, 3.500 through 3.601, 3.650, 3.662, 3.666 through 3.667, 3.668 through 3.681, 3.684, 3.811, 3.900 through 3.905, and 3.921 through 3.924 were final adoption following publication at the 5/2/97 State Board meeting, with an effective date of 7/1/97 (CSPR#'s 97-1-27-1, 97-2-26-1, 97-2-27-1). 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.

Revisions to the sections 3.140, 3.300, 3.360, 3.400, 3.600 through 3.684, 3.700, 3.800, 3.810, 3.820 through 3.850, and 3.900 through 3.926 were adopted emergency at the 6/20/97 State Board meeting, with an effective date of 7/1/97 (CSPR#'s 97-5-1-1, 97-5-16-1, 97-5-20-1, 97-5-29-1, 97-5-30-1). 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. Revisions to the sections 3.140, 3.300, 3.360, 3.400, 3.600 through 3.684, 3.700, 3.800, 3.810, 3.820 through 3.850, and 3.900 through 3.926 were adopted emergency and final at the 8/1/97 State Board meeting, with an effective dates of 7/1/97 and 8/1/97 (CSPR#'s 97-5-1-1, 97-5-16-1, 97-5-20-1, 97-5-29-1, 97-5-30-1). 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. Revisions to the sections 3.750 through 3.761 and 3.905 through 3.911 were final adoption following publication at the 9/5/97 State Board meeting, with an effective date of 11/1/97 (CSPR#'s 97-5-23-1 and 97-6-24-1). 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 External Affairs, Department of Human Services. Revisions to the section 3.400 were adopted emergency at the 9/5/97 State Board meeting, with an effective date of 9/5/97 (CSPR# 97-7-11-1). 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.

Revisions to the section 3.400 were final adoption of emergency at the 10/3/97 State Board meeting, with an effective date of 9/5/97 (CSPR# 97-7-11-1). 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.

Revisions to the sections 3.240 and 3.250 were final adoption following publication at the 10/3/97 State Board meeting, with an effective date of 12/1/97 (CSPR# 97-5-27-1). 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.

Revisions to the sections 3.360 and 3.460 were emergency and final adoption at the 12/5/97 State Board meeting, with an effective date of 1/1/98 (CSPR# 97-10-3-1). 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.

Revisions to the sections 3.500, 3.600 – 3.515, 3.619 – 3.629, 3.800, 3.840, 3.850, 3.870, 3.905, and 3.909 – 3.911 were final adoption following publication at the 12/5/97 State Board meeting, with an effective date of 2/1/98 (CSPR#'s 97-9-4-1, 97-9-5-1, 97-9-19-1). 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.

Revisions to sections 3.490 through 3.491 were final adoption following publication at the 1/9/98 State Board meeting, with an effective date of 3/1/98 (CSPR# 97-10-28-1). 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 Office of External Affairs, Department of Human Services.

Revisions to sections 3.140, 3.615, and 3.623 were final adoption following publication at the 2/6/98 State Board meeting, with an effective date of 4/1/98 (CSPR# 97-10-29-2 and 97-11-6-1). 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.

Revisions to sections 3.200 and 3.612 were final adoption following publication at the 3/6/98 State Board meeting, with an effective date of 5/1/98 (CSPR# 97-12-17-1). 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.

Revisions to sections 3.604 – 3.609, 3.613 – 3.615, 3.621 – 3.623, and 3.850 were final adoption following publication at the 6/5/98 State Board meeting, with an effective date of 8/1/98 (CSPR# 98-2-2- 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. Revisions to section 3.905 and deletion of Fee Schedule Table following Section 3.913.3 were final adoption following publication at the 8/7/98 State Board meeting, with an effective date of 10/1/98 (CSPR# 98-5-29-1). 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. Revisions to sections 3.750 – 3.755, 3.757, 3.758, and 3.760 were final adoption following publication at the 9/4/98 State Board meeting, with an effective date of 11/1/98 (CSPR# 98-6-3-1). 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.

Revisions to section 3.460 were final adoption following publication at the 11/6/98 State Board meeting, with an effective date of 1/1/99 (CSPR# 98-8-24-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.360 and 3.460 were adopted emergency at the 12/4/98 State Board meeting, with an effective date of 1/1/99 (CSPR# 98-10-22-1). 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.

Revisions to sections 3.360 and 3.460 were final adoption of emergency rules at the 1/8/99 State Board meeting, with an effective date of 1/1/99 (CSPR# 98-10-22-1). 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.

Revisions to sections 3.200, 3.300 – 3.350, 3.380 – 3.382, and 3.480 were final adoption following publication at the 1/8/99 State Board meeting, with an effective date of 3/1/99 (CSPR# 98-10-8-1). 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. Revisions to sections 3.600 and 3.711 were final adoption following publication at the 3/5/99 State Board meeting, with an effective date of 5/1/99 (CSPR# 99-1-6-1). 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.

Revisions to sections 3.904, 3.905–3.908, and 3.921 were final adoption following publication at the 4/2/99 State Board meeting, with an effective date of 6/1/99 (CSPR# 99-1-11-1). 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.

Revisions to sections 3.500 – 3.602, 3.612 – 3.630, 3.760 – 3.770, 3.830 – 3.850, and 3.900 – 3.903 were final adoption following publication at the 5/7/99 State Board meeting, with an effective date of 7/1/99 (CSPR#s 99-2-16-1, 99-2-24-1, 99-2-25-1, 99-3-4-1). 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.

Revisions to sections 3.490, 3.491, 3.605, 3.620, and 3.630 were adopted emergency at the 6/4/99 State Board meeting, with an effective date of 7/1/99 (CSPR#s 99-4-16-1, 99-5-19-1, 99-5-24-2). 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 Office of External Affairs, Department of Human Services.

Revisions to section 3.491 were final adoption of emergency at the 7/9/99 State Board meeting, with an effective date of 7/1/99 (CSPR# 99-5-19-1). 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.

Revisions to sections 3.490, 3.605, 3.620, and 3.630 were adopted emergency and final at the 7/9/99 State Board meeting, with effective dates of 6/4/99 and 7/9/99 (CSPR#s 99-5-24-2 and 99-4-16-1 respectively). 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. Revisions to section 3.140 were final adoption following publication at the 7/9/99 State Board meeting, with an effective date of 9/1/99 (CSPR# 99-4-15-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.360 and 3.460 were adopted emergency the 8/5/99 State Board meeting, with an effective date of 9/1/99 (CSPR# 99-5-24-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.360 and 3.460 were final adoption of emergency the 9/3/99 State Board meeting, with an effective date of 9/1/99 (CSPR# 99-5-24-1). 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 External Affairs, Department of Human Services.

Revisions to sections 3.750 – 3.752, 3.754, and 3.758 – 3.760 were final adoption following publication at the 9/3/99 State Board meeting, with an effective date of 11/1/99 (CSPR# 99-5-12-1). 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 Office of External Affairs, Department of Human Services.

Revisions to sections 3.600 “Table of Contents” , 3.603 – 3.605, 3.612, 3.616 – 3.618, and 3.626 – 3.627 were adopted emergency and final at the 9/3/99 State Board meeting, with an effective date of 10/1/99 (CSPR# 99-7-9-1). 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. Revisions to Sections 3.360 and 3.460 were adopted as emergency at the 12/3/99 State Board meeting, with an effective date of 1/1/2000 (CSPR# 99-10-14-1). 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 Office of External Affairs, Department of Human Services.

Revisions to Sections 3.360 and 3.460 were adopted as emergency and final at the 2/4/2000 State Board meeting, with an effective date of 1/1/2000 (CSPR# 99-10-14-1). 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 Office of External Affairs, Department of Human Services.

Revisions to Sections 3.605, 3.612, 3.616 – 3.618, and 3.627 – 3.628 were final adoption following publication at the 4/7/2000 State Board meeting, with an effective date of 6/1/2000 (CSPR# 00-1-3-1). 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 Public Affairs, Department of Human Services. Revisions to Sections 3.620 and 3.626 were final adoption following publication at the 7/7/2000 State Board meeting, with an effective date of 9/1/2000 (CSPR# 00-4-14-1). 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 Office of Public Affairs, Department of Human Services.

Revisions to Sections 3.610 and 3.617 were adopted as emergency at the 7/7/2000 State Board meeting, with an effective date of 7/1/2000 (CSPR# 00-6-21-1). 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 Public Affairs, Department of Human Services.

Revisions to Sections 3.610 and 3.617 were adopted as emergency and final at the 8/4/2000 State Board meeting, with an effective date of 7/1/2000 and 8/4/2000 (CSPR# 00-6-21-1). 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. Revisions to Sections 3.750 – 3.753, 3.755, 3.758, and 3.760 were final adoption following publication at the 8/4/2000 State Board meeting, with an effective date of 10/1/2000 (CSPR# 00-5-3-1). 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. Revisions to Sections 3.904 through 3.908 were adopted as emergency at the 8/4/2000 State Board meeting, with an effective date of 9/1/2000 (CSPR# 00-6-30-1). 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 Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 3.904 through 3.908 were final adoption of emergency at the 9/8/2000 State Board meeting, with an effective date of 9/1/2000 (CSPR# 00-6-30-1). 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 Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 3.360.44 and 3.460.45 were adopted as emergency at the 12/1/2000 State Board meeting, with an effective date of 1/1/2001 (CSPR# 00-10-10-1). 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 Division, State Board Administration.

Revisions to Sections 3.360.44 and 3.460.45 were final adoption of emergency at the 1/5/2001 State Board meeting, with an effective date of 1/1/2001 (CSPR# 00-10-10-1). 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 Division, State Board Administration.

Revisions to Sections 3.605 and 3.628 were final adoption following publication at the 1/5/2001 State Board meeting, with an effective date of 1/1/2001 (CSPR# 00-10-10-1). 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 Division, State Board Administration.

Revision to Section 3.603.4 was final adoption following publication at the 4/6/2001 State Board meeting, with an effective date of 6/1/2001 (CSPR# 01-2-5-1). 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 Division, State Board Administration.

Revisions to Sections 3.900 – 3.924 were final adoption following publication at the 5/1/2001 State Board meeting, with an effective date of 8/1/2001 (CSPR# 01-3-22-2). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 3.603.5 and 3.615 were adopted as emergency at the 5/1/2001 State Board meeting, with an effective date of 5/1/2001 (CSPR#s 01-4-25-1 and 01-5-1-1). 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 Division, State Board Administration.

Revisions to Sections 3.603.5 and 3.615 were final adoption of emergency rules at the 7/6/2001 State Board meeting, with an effective date of 6/1/2001 (CSPR#s 01-4-25-1 and 01-5-1-1). 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 Division, State Board Administration.

Revisions to Sections 3.751 through 3.760 were final adoption following publication at the 8/3/2001 State Board meeting, with an effective date of 10/1/2001 (CSPR# 01-5-3-1). 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 Division, State Board Administration.

Revisions to Sections 3.360.44 and 3.460.45 were final adoption following publication at the 11/2/2001 State Board meeting, with an effective date of 1/1/2002 (CSPR# 01-8-23-1). 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 Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Section 3.810.13 were adopted emergency at the 11/2/2001 State Board meeting, with an effective date of 11/2/2001 (CSPR# 01-10-24-3). 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 Division, State Board Administration. Revisions to Section 3.810.13 were final adoption of emergency at the 12/7/2001 State Board meeting, with a effective dates of 11/2/2001 and 12/7/2001 (CSPR# 01-10-24-3). 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 Division, State Board Administration.

Revisions to Sections 3.600, 3.603, 3.605, 3.626, 3.631, 3.630, 3.632 were final adoption following publication at the 12/7/2001 State Board meeting, with an effective date of 2/1/2002 (CSPR#'s 01-8-3-1, 01-8-27-2, and 01-8-29-1). 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 Division, State Board Administration. Revisions to Sections 3.100 and 3.300, and addition of Section 3.390–3.392.1, were adopted as emergency at the 1/4/2002 State Board meeting, with an effective date of 1/4/2002 (CSPR# 01-12-13-1). 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 Division, State Board Administration.

Revisions to Sections 3.100 and 3.300, and addition of Section 3.390–3.392.1, were adopted as emergency and final at the 2/1/2002 State Board meeting, with an effective dates of 1/4/2002 and 2/1/2002 (CSPR# 01-12-13-1). 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 Division, State Board Administration. Revisions to Sections 3.220, 3.250, 3.360, 3.370, 3.382, 3.450, 3.460, 3.600, 3.603, 3.613–3.615, 3.710– 3.712 and 3.860 were final adoption following publication at the 3/8/2002 State Board meeting, with an effective date of 5/1/2002 (CSPR#'s 01-6-25-1, 01-10-24-2, 01-11-19-1 and 01-12-17-1). 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 Division, State Board Administration.

Revisions to Sections 3.450.43 and 3.619 were final adoption following publication at the 4/5/2002 State Board meeting, with an effective date of 6/1/2002 (CSPR#'s 01-10-24-1 and 02-2-20-1). 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 Division, State Board Administration.

Revisions to Sections 3.619 through 3.619.7, 3.810.13 through 3.810.31, 3.811.11, and 3.811.41– 3.811.51 were adopted as emergency at the 7/12/2002 State Board meeting, with an effective date of 7/12/2002 (CSPR#'s 02-6-10-1 and 02-6-10-2). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration. Revisions to Sections 3.470.21 through 3.470.23 were adopted as emergency at the 7/12/2002 State Board meeting, with an effective date of 7/1/2002 (CSPR# 02-6-28-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 3.619 through 3.619.7, 3.810.13 through 3.810.31, 3.811.11, and 3.811.41– 3.811.51 were final adoption of emergency rules at the 8/2/2002 State Board meeting, with effective dates of 7/12/2002 and 8/2/2002 (CSPR#'s 02-6-10-1 and 02-6-10-2). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Section 3.491.12 were adoption as emergency at the 8/2/2002 State Board meeting, with an effective date of 8/2/2002 (Rule# 02-7-15-1). 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 Division, State Board Administration. Revisions to Section 3.491.12 were final adoption of emergency at the 9/6/2002 State Board meeting, with an effective date of 8/2/2002 (Rule# 02-7-15-1). 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 Division, State Board Administration.

Revisions to Sections 3.470.21 through 3.470.23 were adopted as emergency and final at the 9/6/2002 State Board meeting, with effective dates of 7/1/2002 and 9/6/2002 (Rule# 02-6-28-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 3.752.22 – 3.752.23, 3.755.13, 3.758.47, 3.760.14, 3.760.21, 3.760.31, and addition of 3.760.5 – 3.760.53 were adopted following publication at the 9/6/2002 State Board meeting, with an effective date of 11/1/2002 (Rule# 02-4-23-1). 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 Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Deletion of Sections 3.410 through 3.410.34, addition of Sections 3.461 and 3.600.19 were adopted following publication at the 11/1/2002 State Board meeting, with an effective date of 1/1/2003 (Rule#'s 02- 7-1-1 and 02-9-5-1). 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 Division, State Board Administration. Revisions to Section 3.460.44 were adopted as emergency at the 12/6/2002 State Board meeting, with an effective date of 1/1/2003 (Rule-making# 02-11-21-1). 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 Division, State Board Administration.

Revisions to Sections 3.390 through 3.392.1 were adopted following publication at the 1/3/2003 State Board meeting, with an effective date of 3/1/2003 (Rule-making# 02-9-24-1). 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 Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Section 3.470.21 and 3.470.23 were adopted as emergency at the 1/3/2003 State Board meeting, with an effective date of 1/3/2003 (Rule-making# 02-12-2-1). 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 Division, State Board Administration.

Revisions to Section 3.460.44 were final adoption of emergency at the 2/7/2003 State Board meeting, with an effective date of 1/1/2003 (Rule-making# 02-11-21-1). 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 Division, State Board Administration.

Revisions to Section 3.470.21 and 3.470.23 were final adoption of emergency at the 2/7/2003 State Board meeting, with an effective date of 1/3/2003 (Rule-making# 02-12-2-1). 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 Division, State Board Administration.

Revisions to Sections 3.470.21 and 3.470.24, and addition of 3.470.25, were adoption following publication at the 3/7/2003 State Board meeting, with an effective date of 5/1/2003 (Rule-making# 02-12- 9-1). 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 Division, State Board Administration. Revisions to Section 3.491.12 were adoption following publication at the 3/7/2003 State Board meeting, with an effective date of 5/16/2003 (Rule-making# 02-12-20-1). 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 Division, State Board Administration.

Revision to Sections 3.300.13–3.300.18, 3.300.21–3.300.23, 3.350.13, 3.350.15–3.350.17, 3.360.12– 3.360.14, 3.360.21, 3.360.34, 3.360.51–3.360.53, 3.360.65, 3.360.67, 3.370.21–3.370.24, 3.380.13– 3.380.32, 3.381.11–3.381.33, 3.382.24, 3.400.24–3.400.37 and 3.490.111–3.490.127; and deletion of Section 3.310–3.310.34 were adoption following publication at the 4/4/2003 State Board meeting, with an effective date of 6/1/2003 (Rule-making#s 02-12-23-1 and 03-1-29-1). 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 Division, State Board Administration.

Revision to Sections 3.300.21–3.300.23, 3.370.22, and addition of Section 3.400.18 were adopted as emergency at the 4/4/2003 State Board meeting, with an effective date of 4/4/2003 (Rule-making#s 03-2- 25-1 and 03-3-24-1). 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 Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration. Revision to Sections 3.300.21–3.300.23, and 3.370.22 were final adoption of emergency rule at the 5/2/2003 State Board meeting, with an effective date of 4/4/2003 (Rule-making# 03-3-24-1). 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 Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Addition of Section 3.400.18 was adopted as emergency and final at the 5/2/2003 State Board meeting, with effective dates of 4/4/2003 and 5/2/03 (Rule-making# 03-2-25-1). 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 Division, State Board Administration.

Revisions to Section 3.460.41 through 3.460.43, and 3.460.45 were adopted following publication at the 6/6/2003 State Board meeting, with an effective date of 8/1/2003 (Rule-making# 03-4-14-1). 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 Performance Improvement, Boards and Commissions Division, State Board Administration.

Deletion of 3.390 through 3.392.1, and revisions to Sections 3.100.26, 3.751.17, 3.752.22, 3.755.13, 3.755.21, 3.758.46, 3.758.47, 3.759.12, 3.759.14-3.759.17, 3.759.3-3.759.32, and 3.760.43 were adopted following publication at the 9/5/2003 State Board meeting, with an effective date of 11/1/2003 (Rule- making# 03-5-27-1 and 03-7-16-1). 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 Division, State Board Administration. Revisions to Sections 3.250.221, 3.460.31, and 3.460.45, 3.903, 3.904.1, 3.920, and 3.922 were adopted following publication at the 10/3/2003 State Board meeting, with an effective date of 12/1/2003 (Rule- making# 03-7-10-1, 03-7-14-1, 03-7-14-2 and 03-7-23-1). 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 Colorado Department of Human Services, Office of Performance improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 3.460.41-3.460.42 and 3.460.45 were adopted as emergency at the 12/5/2003 State Board meeting, with an effective date of 1/1/2004 (Rule-making# 03-11-10-1).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 Division, State Board Administration.

Revisions to Sections 3.460.41-3.460.42 and 3.460.45 were final adoption of emergency rules at the 1/9/2004 State Board meeting, with an effective date of 1/1/2004 (Rule-making# 03-11-10-1).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 Division, State Board Administration.

Revisions to Section 3.460.42 were adopted as emergency at the 5/7/2004 State Board meeting, with an effective date of 5/7/2004 (Rule-making# 04-3-11-1).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 Division, State Board Administration.

Revisions to Section 3.460.42 were final adoption of emergency at the 6/4/2004 State Board meeting, with an effective date of 5/7/2004 (Rule-making# 04-3-11-1). 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 Division, State Board Administration.

Revisions to Sections 3.904.1, 3.905, 3.908, and 3.921 were adopted following publication at the 8/6/2004 State Board meeting, with an effective date of 10/1/2004 (Rule-making# 04-5-4-1). 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 Division, State Board Administration.

Revisions to Sections 3.904.1 and 3.906 were adopted emergency at the 8/6/2004 State Board meeting, with an effective date of 8/6/2004 (Rule-making# 04-5-11-1). 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 Division, State Board Administration.

Revisions to Sections 3.904.1 and 3.906 were final adoption of emergency at the 9/10/2004 State Board meeting, with an effective date of 8/6/2004 (Rule-making# 04-5-11-1). 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 Division, State Board Administration.

Additions of Sections 3.751.28 - 3.751.29 and revisions to 3.752.1, 3.752.22, 3.752.27, 3.755.41, 3.755.51, 3.757.12, 3.758.46, and 3.758.47 were adopted following publication at the 9/10/2004 State Board meeting, with an effective date of 11/1/2004 (Rule-making# 04-4-22-1). 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 Division, State Board Administration Revisions to Section 3.905 were adopted following publication at the 10/1/2004 State Board meeting, with an effective date of 12/1/2004 (Rule-making# 04-5-11-2). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 3.100 through 3.290.31 and 3.600 through 3.632.1 were adopted following publication at the 11/5/2004 State Board meeting, with an effective date of 1/1/2005 (Rule-making# 04-4- 8-1). 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 Division, State Board Administration. Revisions to Section 3.360.44 were adopted as emergency at the 12/3/2004 State Board meeting, with an effective date of 12/3/2004 (Rule-making# 04-11-1-1). 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 Division, State Board Administration.

Revisions to Section 3.360.44 were final adoption of emergency rules at the 1/7/2005 State Board meeting, with an effective date of 12/3/2004 (Rule-making# 04-11-1-1). 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 Division, State Board Administration.

Revisions to Sections 3.100 through 3.491.4 were adopted following publication at the 6/3/2005 State Board meeting, with an effective date of 8/1/2005 (Rule-making# 04-8-23-1). 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 Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 3.752.22, 3.758.47, 3.760.14, and 3.760.43 were adopted following publication at the 9/9/2005 State Board meeting, with an effective date of 11/1/2005 (Rule-making# 05-5-18-1). 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 Division, State Board Administration.

Revisions to Section 3.758.46 were adopted on an emergency basis at the 11/4/2005 State Board meeting, with an effective date of 11/4/2005 (Rule-making# 05-10-25-2). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Section 3.360.44 were adopted on an emergency basis at the 12/2/2005 State Board meeting, with an effective date of 1/1/2006 (Rule-making# 05-10-19-1). 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 Division, State Board Administration.

Revisions to Section 3.360.44 were final adoption of emergency rule at the 1/6/2006 State Board meeting, with an effective date of 1/1/2006 (Rule-making# 05-10-19-1). 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 Division, State Board Administration.

Revision to Section 3.605 was adopted following publication at the 5/5/2006 State Board meeting, with an effective date of 7/2/2006 (Rule-making# 05-12-13-1). 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 Division, State Board Administration.

Revisions to Sections 3.904.1, 3.905, and 3.921 were adopted following publication at the 6/2/2006 State Board meeting, with an effective date of 8/1/2006 (Rule-making# 06-3-16-1). 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 Division, State Board Administration.

Revisions to Section 3.460.45 were adopted on an emergency basis at the 6/2/2006 State Board meeting, with an effective date of 7/1/2006 (Rule-making# 06-5-17-1). 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 Division, State Board Administration.

Revisions to Section 3.460.45 were final (permanent) adoption of emergency rules at the 7/7/2006 State Board meeting, with an effective date of 7/1/2006 (Rule-making# 06-5-17-1). 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 Division, State Board Administration.

Revisions to Sections 3.300.31, 3.350.1, 3.370.21-3.370.22, 3.400.15, 3.470.11, and 3.470.21 through 3.470.26 were final adoption following publication at the 7/7/2006 State Board meeting, with an effective date of 9/1/2006 (Rule-making# 06-3-17-1). 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 Division, State Board Administration. GENERAL RULES

3.100 ASSISTANCE PAYMENTS AND INTRODUCTION

3.100.1 LEGAL BASIS

3.100.11 State Board Role

1. Colorado Revised Statutes, Title 26, Article 1, Section 107, created the State Board of 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

1. A county has the traditional role of an arm of the State. Herein the county department 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

1. Constitution of Colorado, Article XXIV, Old Age Pensions, Section 6, established a 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

1. Colorado Revised Statutes, Title 26, Article 2, Sections 118, 119, and 120, provide for 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 and in accordance with rules and regulations of the State Department.

3.100.2 GENERAL PROVISIONS

3.100.21 Definitions

1. "Assistance payments" shall mean aid to an eligible individual, who is eligible within statutory provisions, in the form of money payments for the purpose of meeting day-to-day ongoing living costs.
   1. "County worker" shall mean an employee of the county department.

3.100.22 Requirements

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

3.100.23 Recipient's Right to Decide

1. In accordance with the principle of the unrestricted money payment, a recipient shall have 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

1. The county department may provide, by means of its own funds, items which are 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 provided assistance on the same basis as one who is in the state. 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:

1. A. Receive applications and assist in completing applications as necessary;
   1. B. Review applications and determine eligibility for assistance;
   2. C. Make the initial home visit (when required);
   3. 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.

3.100.4 INFORMATION SHARING

3.100.41 There are areas that are to be jointly administered by program areas. This requires sharing of information. Communications from one division to the other shall be formalized and in writing so that they serve a purpose, and there is a record of that purpose. The State prescribed forms shall be used to share information.

3.110 THE APPLICATION PROCESS

3.110.1 RIGHT AND OPPORTUNITY TO APPLY

3.110.11 Information concerning public assistance programs shall be available to all persons seeking information. Available information shall include:

1. A. Information about coverage;
   1. B. Conditions of eligibility;
   2. C. Scope of benefits;
   3. D. Related services available; and, E. Rights and responsibilities of applicants and recipients.

3.110.12 Application

1. An application has been made when the county department receives the signed public assistance application form prescribed by the State Department. An application is distinguished from an inquiry which is a request for information about eligibility requirements for public assistance. An individual shall have the opportunity to apply for any assistance without delay. When an individual is unable to make an application in the county department, the State Department's prescribed public assistance application form shall be mailed by the county department upon request.

3.110.13 Apply to County Department

1. An application for public assistance shall be made to the county department in the county where the applicant is living.
   1. An application may be made by the applicant or an authorized representative or, when the applicant is incompetent or incapacitated, someone acting responsibly for the applicant. The county department shall consider an application for public assistance for any category of public assistance for which the applicant may be eligible.

3.110.14 Proof of Eligibility

1. The county department shall not request any proofs or written statements for eligibility determination until a signed application is received by the county department.

3.110.15 Application Assistance

1. An applicant may be assisted by an individual(s) of the applicant's choice in the various aspects of the application process and may be accompanied and represented by such individual(s) in contacts with the county department. Information shall not be released to the assisting individual(s) unless the individual is accompanied by the applicant, or a written authorization to release information to the assisting individual is obtained from the applicant. Upon request, the county department shall provide assistance in completing the application form. When an applicant is unable to complete the forms due to physical, mental, or emotional disabilities, and has no one to help, the county department shall provide assistance. The county department may also refer the applicant to a legal or other resource.

3.110.2 RIGHT AND OPPORTUNITY TO REGISTER TO VOTE

3.110.21 Right to Register

1. An applicant of public assistance shall be provided the opportunity to register to vote.

3.110.22 Voter Registration Application

1. The county department shall provide applicants of public assistance the prescribed voter registration application.

3.110.23 County Responsibility

1. The county department shall not:
   1. A. Seek to influence the applicant's political preference or party registration;
   2. B. Display any political preference or party allegiance;
   3. C. Make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote; and/or, D. Make any statement to an applicant or take any action, the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

3.110.3 CONFIDENTIALITY OF VOTER REGISTRATION RECORDS

3.110.31 Confidentiality

1. The county department shall ensure the confidentiality of applicants' and recipients' information regarding registering or declining to register to vote. An application to register to vote completed at the agency is not to be used for any purpose other than voter registration.

3.110.32 Record Maintenance

1. Records concerning registration or declination to register to vote shall be maintained for two years by the county department. These records shall not be a part of the public assistance case record and are not subject to subpoena.

3.110.4 TRANSMITTAL OF VOTER REGISTRATION APPLICATIONS

3.110.41 A completed voter registration application shall be transmitted to the county clerk and recorder for the county in which the county department is located not later than ten (10) days after the date the county department receives the registration application, except that, if a registration application is accepted within five (5) days before the last day for registration to vote in an election, the application shall be transmitted to the county clerk and recorder for the county not later than five (5) days after the date of acceptance.

3.110.5 APPLICATION PROCEDURES

3.110.51 County Procedure

1. The county department shall require written application, signed under penalty of perjury, using the State Department's prescribed public assistance form. The application form for assistance payment shall, at a minimum, contain the name, age, and residence of the applicant, the category or type of assistance sought, a statement of real and personal property in which the applicant has an interest, all income at the time of application, any other information required by state and federal law or regulation, as well as signature of the applicant or legal guardian. The date of application shall be the date the county department receives a signed the application form, which indicates the applicant's desire to receive public assistance.

3.110.52 SSI Applicants

1. The state and federal Social Security Administration have entered into an agreement under which SSI shall make the determination of medical assistance eligibility for SSI applicants. Applicants who have been determined to be eligible for SSI shall not be required to complete or sign an application for medical assistance.
   1. No intake interview or home visit is required; however, the county department shall contact the SSI recipient if third party medical resources or prior medical bills are indicated on the State Data Exchange (SDX) list. See the chapter on "Medical Assistance for the Aged, Disabled or Blind" in the Department of Health Care Policy and Financing's Medical Assistance Manual (10 CCR 2505- 10).

3.110.53 Application Process

1. The application process shall consist of all activity from the date that Part 1 of the application form is received from the applicant until a determination concerning eligibility is made. The major steps in the application process shall include:
   1. A. An explanation to the applicant of the various assistance programs;
   2. B. An explanation to the applicant of the eligibility factors of the applicable program. Language translation via interpreter shall be provided as needed;
   3. C. An explanation of the applicant's responsibility to accurately and fully complete the application, provide documents to substantiate eligibility factors, and that the applicant may use friends, relatives, or other persons to assist in the completion of the application;
   4. D. An assurance of the county worker's availability to assist in the completion of the application and to secure needed documentation which the applicant is unable to otherwise secure;
   5. E. An explanation of the procedures to review the application and the process to determine eligibility;
   6. F. An explanation of the applicant's rights including confidentiality of records and information, the right to non-discrimination provisions, the right to an evidentiary hearing, the right to a State-level appeal, the right to apply for another category of assistance and to determine the applicant's eligibility for such other assistance;
   7. G. An explanation that the applicant may terminate the application process at any time. If the applicant wishes to terminate the process before the application is completed, it shall be treated as an "inquiry." If the applicant wishes to terminate the process after the application is completed, it shall be treated as a "withdrawal/denial "; and, H. The agency shall inform all applicants in writing at the time of application that the agency will use the applicant's Social Security Number (SSN) to obtain information available through the Income and Eligibility Verification System (IEVS) to verify income, eligibility, and the correct amount of assistance payments and that such information may be shared with other assistance programs, other states, the Social Security Administration, the Department of Labor and Employment, and the Child Support Enforcement Program.

3.110.54 Interview

1. County departments shall require no more than one interview for an applicant of financial assistance and Food Stamp benefits. If an interview is conducted, the county worker shall review the application for completeness and secure, if necessary, signed copies of the Authorization For Release of Information form, and any other forms necessary to determine eligibility.

3.110.55 Social Security Number (SSN)

1. Each applicant for, or recipient of, financial assistance is required to provide a Social Security account number (SSN) to the county department. If an applicant has more than one number, all numbers shall be required. For an applicant or recipient who is unable to provide an SSN, an application form shall be completed by the applicant or recipient for each member of the assistance unit without an SSN for whom assistance is requested. The agency shall explain to the applicant or recipient that refusal or failure without good cause to provide an SSN will result in exclusion of the applicant for whom an SSN is not obtained. This exclusion applies only to the applicant for whom the SSN is not provided and not to the entire assistance unit. The county department shall verify the Social Security numbers provided by the assistance unit with the Social Security Administration (SSA) in accordance with procedures established by the State Department for the Income and Eligibility Verification System (IEVS). Upon proof of application for an SSN, the time required for issuance or to secure verification of the number shall not be used as a basis for delaying action on the public assistance application. When an otherwise eligible applicant cannot provide an SSN, at the time of application, the county department shall initiate the following procedure: The appropriate form and instructions may be obtained from the Social Security office. The form shall be provided to the applicant or recipient by the county department, as follows:
   1. A. In the lower right hand part of the form in the space labeled NPN (in the gray portion), the county shall enter the three (3) digit State code (060), a dash (-) and the ten (10) digit number. No dashes shall be inserted in the ten (10) digit case number.
   2. B. The applicant or recipient for whom assistance is requested shall be instructed to complete and immediately take the annotated form, along with required documentation, to the local SSA office. The applicant or recipient shall be instructed to secure a form or letter (receipt for application for Social Security number) completed and issued by the local Social Security Administration District Office (SSA-DO). The local SSA-DO has been requested to complete and issue a form for each applicant, or if one form is used for a family, it will indicate the names of all applicants.
   3. C. The applicant or recipient shall be further instructed to immediately bring this completed form or letter issued by the SSA back to the county worker in order to verify the completion of the application process. A copy of this form or other such documentation shall be included in the case record. In addition, the applicant shall be instructed to provide the SSN to the county worker as soon as it is received.

      The local agency will assist the applicant or recipient in making applications for SSN. For purposes of AFDC foster care, the application for the SSN will be made by the county department.

      The county department shall accept as verified a Social Security number which has been verified by any program agency participating in the Income and Eligibility Verification System (IEVS).

3.110.56 When SSN Cannot Be Verified

1. When the county department receives notification through IEVS that an SSN cannot be verified or is otherwise discrepant (e.g., name or number do not match SSA records), the county department shall:
   1. A. Conduct a case record review to confirm that the SSN in the case record matches the SSN submitted to the SSA for verification. If an error occurred in the original submittal (e.g., digits transposed, incorrect name submitted) the county department shall correct the error and the SSN will be resubmitted through IEVS for verification.
   2. B. If no error is identified through A, above, the county department shall advise the assistance unit in writing that an SSN could not be verified, and instruct the assistance unit to contact the county department to resolve the discrepancy. However, this notice shall not constitute advance notice of adverse action.
      1. The county department shall make every effort to assist the applicant(s) in resolving the discrepancy. This includes referral to the appropriate SSA office, and assisting to obtain available documents, etc., which may be required by the SSA.

3.110.57 Review and Follow-Up

1. Applications shall be reviewed and any necessary follow-up activities such as collateral contacts, verifications, etc., shall be promptly initiated. Special priority shall be given to those applications where critical and emergent need is apparent.

3.110.58 Special Situations

1. Applications for applicants in special situations shall be handled as follows:
   1. A. Applicants who are partially or totally illiterate and who cannot write their names shall make a mark, and such mark shall be witnessed by the signature of at least one witness. The address of such witness shall follow the signature. County workers may act as witnesses if not related to the applicant.
   2. B. An applicant receiving medical treatment in a medical facility shall make application to the county department in which the facility is located. When the applicant's place of residence is in another county, the application shall be forwarded to that county department for processing. When an applicant has no determinable county of residence, the county department in which the facility is located shall process the application.
   3. C. An application for an applicant in the Grand Junction, Pueblo, or Wheat Ridge Regional Center shall be processed by the county department in which the facility is located. Care and training is provided under their status as nursing homes.
   4. D. An application for the "Under 21 Psychiatric Program" shall be processed by the county department where the applicant has established residence.
   5. E. An application for an applicant in a public institution shall be processed by the county department where the applicant has established residence or the county in which the court is located which issued a confinement order. Public institutions shall mean the Colorado State Hospital, the Fort Logan Mental Health Center, and the Colorado State Veterans Center. When the application process is completed, the case shall become the responsibility of the county department in which the institution is located.

3.110.6 REINSTATEMENT IN LIEU OF APPLICATION

3.110.61 When a request is made for the category of assistance from which the recipient was discontinued within 30 calendar days following the effective date of discontinuation, the following procedures shall be followed:

1. A. A redetermination form shall be completed and signed by the recipient;
   1. B. Income and resources shall be verified;
   2. C. Other eligibility factors shall be verified unless satisfactory documentation is in the case record;
   3. D. Medical documentation shall be obtained unless the certified period of disability covers the current date; and, E. Eligibility determination shall be completed and appropriate actions shall be taken.

3.110.7 REOPENING IN LIEU OF APPLICATION

3.110.71 Assistance Requested Prior to Effective Date of Discontinuation

1. When a recipient requests assistance prior to the effective date of the recipient's discontinuation from assistance, the following procedures shall be followed:
   1. A. A redetermination form or status report for monthly reporting cases shall be completed and signed by the recipient;
   2. B. Income and resources shall be verified;
   3. C. Other eligibility factors shall be verified unless satisfactory documentation is in the case record;
   4. D. Medical documentation shall be obtained unless the certified period of disability covers the current date; and, E. Eligibility determination shall be completed and appropriate actions shall be taken;
   5. F. If reopened, the Child Support Enforcement and other appropriate units shall be so advised.

3.120 DETERMINATION OF ELIGIBILITY

3.120.1 ELIGIBILITY ESTABLISHMENT

3.120.11 Eligibility Establishment

1. The State Department's public assistance application form shall be used as the primary source of information for eligibility determination and to compute the amount of financial assistance. The applicant has the primary responsibility to provide necessary information needed to establish eligibility. When statements of the applicant are incomplete, unclear, or inconsistent, or appear to be inaccurate, the applicant shall be given the opportunity to clarify the questionable statements. If the applicant is unable to do so, the applicant shall be helped to obtain substantiating documents. Medical information needed to determine eligibility for AB, AND, and the Colorado Works Program shall be secured according to procedures for each program. The applicant shall have free choice of a physician.

3.120.12 Review and Documentation

1. Each decision of eligibility or ineligibility shall be supported by a review of the statements on the application form and by documentation as required. Assistance will not be denied, delayed or discontinued pending receipt of information requested through the Income and Eligibility Verification System (IEVS), if other evidence establishes the applicant's eligibility for assistance.

3.120.13 SSI Approvals

1. The SDX listing provided by the State Department shall provide a list of all new SSI approvals (Unmatched SSI - Not on the Automated System) and denials (Unmatched SSI - Cases Denied or Discontinued). This list shall indicate the reason for the denial; e.g., income, resources, disability, etc. The Unmatched SSI - Not on the Automated System Report shall be the primary source of information used to complete Medicaid approval for SSI Recipients. If an SSI recipient applies for financial assistance, a signed application and all other application procedures as described in "Application Procedures" shall be followed. See the chapter on "Medical Assistance for the Aged, Disabled and Blind" in the Colorado Department of Health Care Policy and Financing's Staff Manual Volume 8 (10 CCR 2505-10).

3.120.14 Aged, Disabled, or Blind Applicants

1. When an aged, disabled or blind applicant comes into the county department and requests assistance, the county department shall take an application for such assistance and refer the applicant to the local Social Security office to apply for SSI by use of the DO-88, Information and Referral Form - DSS/SSA. The applicant shall take the DO-88 referral form to the SSA office. The SSA office shall return the DO-88 to the county department indicating the application for SSI has been taken.
   1. The referral to the SSA office for all aged, disabled, or blind applicants does not negate the county department's responsibility to obtain and process an application for any other type of assistance for which the applicant may wish to apply (e.g., State AND or State AB). Since application for SSI, as a potential benefit, is a requirement for all aged, disabled, or blind applicants receiving less than SSI maximum plus $20 unearned income, the county department shall require documentation of application for SSI in determining eligibility. Information about benefit and other eligibility related information available from SSA will be requested through the Income and Eligibility Verification System (IEVS), in accordance with procedures established by the State Department.

3.120.2 VERIFICATIONS REQUIRED

3.210.21 Verification of a fact or statement means confirming the correctness by obtaining written evidence or other information that proves such fact or statement to be true.

3.120.22 Income and Eligibility Verification System (IEVS)

1. The Income and Eligibility Verification System (IEVS) provides for the exchange of information on Colorado Works, OAP, AND and AB recipients with the Social Security Administration (SSA), Internal Revenue Service (IRS) and the Colorado Department of Labor and Employment (DOLE). Through IEVS, recipient SSN's will be matched with source agency records on a regular basis to identify potential earned and unearned income, resources and/or assets, including the following:
   1. A. SSA (BENDEX, SDX)
      1. Social Security benefits, SSI, pensions, self-employment earnings, federal employee earnings.
   2. B. IRS Unearned income information including interest on checking or savings accounts, dividends, royalties, winnings from betting establishment, capital gains, etc.
   3. C. DOLE Wage and unemployment insurance benefits.
      1. The county department shall act on all information received through the Income and Eligibility Verification System (IEVS). The county department shall at a minimum, prior to approval of benefits, verify potential earnings or unemployment benefits through the DOLE for all applicants, except institutionalized applicants. However, benefits shall not be delayed pending receipt of verification from a collateral source (e.g., employers). In addition, in cases where the county department has information that an institutionalized or group home recipient is working, wage and Unemployment Insurance Benefits (UIB) matches are required at application. All other matches will be initiated through IEVS upon approval of benefits.

3.120.23 Notification

1. At initial application and at redetermination an applicant or recipient of public assistance benefits shall be notified through a written statement provided on or with the application form that information available through the Income and Eligibility Verification System (IEVS) will be requested, and that such information will be used, and shall be verified through sources, such as collateral contacts with the applicant or recipient when discrepancies are found by the county department; and that such information may affect the assistance unit's eligibility and level of benefits.
   1. All information obtained through the Income and Eligibility Verification System (IEVS) shall be retained or documented in the case record.

3.120.24 Other Verification Resources

1. In addition to the items verified through IEVS, the following shall be verified with collateral contacts made as necessary:
   1. A. Identity and residency;
   2. B. Alien status;
   3. C. Income not verified through IEVS - source and detail - including employment, self- employment, Veterans benefits, property income, or any other unearned income, etc.;
   4. D. Property - real and personal, including motor vehicles;
   5. E. Children who reside with a caretaker relative;
   6. F. School attendance;
   7. G. Family composition;
   8. H. Any other factors required in the programs that are deemed necessary as affecting eligibility. The county department shall verify wage and unemployment compensation benefits for all applicants, recipients, and individuals whose income is considered in determining the amount of assistance, at application.

3.120.25 County Reporting Requirements

1. The county department shall report the results of the verification in accordance with reporting requirements established by the State Department for the Income and Eligibility Verification System (IEVS).

3.120.26 Verification of Alien Registration Numbers

1. Upon approval for assistance, the alien registration numbers of recipients shall be submitted to the State Department on the prescribed form for verification through the State's Systematic Alien Verification for Entitlements (SAVE) system. If the number and name submitted do not correspond, the State Department will notify the county department to take prompt action to terminate assistance to that recipient, following adequate prior notice. The other members of the assistance unit shall continue to receive assistance, if otherwise eligible. Confidentiality rules prohibit giving names and alien registration numbers of applicants or recipients to Citizens and Immigration Services (CIS).

3.120.27 Action by County Department

1. The county department is required to act upon information received from the Colorado Income and Eligibility Verification System (IEVS) within 45 days of the receipt of such information. The county department shall consider as verified upon receipt, Social Security and SSI benefit amounts obtained from SSA, Colorado Works Program, AND, OAP, and AB benefit amounts obtained from the State Department, and unemployment insurance benefit amounts obtained from the Colorado Department of Labor and Employment, unless the county department has reason to believe that the information may be questionable. All other information received through the Income Eligibility Verification System, including wage data from the Colorado Department of Labor and Employment, and IRS unearned income information, shall be treated as not verified and shall be subject to verification by the county department. Such verification of Income and Eligibility Verification System information shall include contacting the assistance unit in writing informing them of the information received from the IEVS data source or an appropriate collateral contact. If the county department chooses to notify the applicant or recipient of the receipt of the unverified IEVS data for purposes of obtaining verification or to resolve the discrepancy, such contact shall not constitute an advance notice of adverse action.

3.120.28 Verification Requirements for Colorado Works

1. Specific verification requirements for the Colorado Works Program may be found in Section 3.600 et seq. of this manual.

3.120.3 DELAYS IN APPLICATION PROCESSING (Not applicable to Colorado Works)

3.120.31 Delay on the Part of the County Department

1. When the county department is unable to reach a decision within the standards of promptness rules for the specific program due to a delay on the part of the county department, the applicant or the physician or due to a situation that could not be controlled, the case record shall show the cause for delay. Notice shall be sent informing the applicant of the reason for the delay and of the right to appeal if dissatisfied with the delay.

3.120.32 Delay When Applicant Moved to Another County

1. A delay may be caused by the applicant moving before a decision is made. Whether or not there is a delay, the county department in which an application has been filed shall have the responsibility for processing the application to decision. The original county department shall immediately notify the county department to which the applicant has moved and shall request verification of any eligibility factors affected by the move.

3.120.4 (None)

3.120.5 REPORTING CASE ACTIONS

3.120.51 Approval

1. "Approval": Approval action shall be completed when assistance is authorized by the county department and received by the applicant. The applicant shall be promptly notified of the action of the county department by the State-approved Notice of Action form.

3.120.52 Denial

1. "Denial": An application shall be denied when the applicant fails to meet the eligibility requirements of the category of assistance desired.
   1. A denial also may be on the basis of such factors as, but not limited to:
   2. A. Refusal of the applicant to furnish information necessary to determine eligibility;
   3. B. Applicant unwilling to have the county department contact a collateral source to secure information and refusal of the applicant to sign the State-approved Authorization for Release of Information form;
   4. C. Applicant does not supply information or otherwise fails to cooperate with the county department within the standards of promptness time limits and after having received notification of the reason for delay;
   5. D. Applicant moves to an unknown address before determination of eligibility has been completed;
   6. E. Refusal of a third party to provide documentation of essential verifications;
      1. 1. If the applicant is unwilling to cooperate in obtaining such information personally. Authorization of the release of such information alone does not constitute cooperation if the county department requests further assistance from the applicant. Documentation of lack of cooperation must be entered in the case record.
      2. 2. However, if the applicant is willing to cooperate but unable to obtain the information, no denial or delay action shall be taken.

      The applicant shall be notified of the action of the county department via the State-approved Notice of Action form.

3.120.53 Withdrawal

1. "Withdrawal": A decision by the applicant to withdraw shall be treated as a denial by the county department. The applicant shall be notified of the action of the county department by the State- approved Notice of Action form.

3.120.54 Termination

1. "Termination": The recipient shall be promptly notified of the action of the county department to terminate assistance by the State-approved Notice of Action form, taking into account the prior notice rule.

3.120.55 Other Changes

1. "Other Changes": The recipient shall be promptly notified of any change to the amount of money payment by the State-approved Notice of Action form.

3.120.6 REQUIREMENT FOR COLLATERAL CONTACT OR HOME VISIT FOR ELIGIBILITY

1. DETERMINATION

3.120.61 Documentation

1. The applicant or recipient shall be given the opportunity to provide documentation necessary to determine eligibility. When necessary, the county department shall assist the applicant or recipient to secure documentation. If documentation which is necessary to determine eligibility is not received which is necessary to determine eligibility, a notice shall be sent to the applicant or recipient to advise the applicant or recipient of the proposed action to deny or discontinue the case. The notice to applicant or recipient shall also include a specific description of the documentation necessary to determine eligibility.
   1. In general, the county department shall rely on the applicant or recipient to provide the documentation necessary to determine eligibility. The applicant or recipient shall be advised that a collateral contact or home visit may be used only when documentary evidence is insufficient to make a determination of eligibility or benefit level, or cannot be obtained otherwise.

3.120.62 Collateral Contact

1. A collateral contact is an oral or written confirmation of a household's circumstances by a person outside of the household. The county department shall rely on the household to provide the name of any collateral contact. If the applicant or recipient selects an unacceptable collateral contact who cannot be expected to provide accurate verification, the county department shall:
   1. A. Request the name of another collateral; or, B. Ask for alternative forms of verification or substitute a home visit; or, C. The county department may select or designate a collateral contact when the applicant or recipient selects a collateral contact(s) who is unacceptable. The applicant or recipient shall be informed of the selected collateral prior to contact.

3.120.63 Confidentiality

1. The collateral contact may be made either in person or by telephone. County workers making the collateral contact are subject to the county department's standards of confidentiality as outlined in this staff manual section entitled, "Protections to the Individual".

3.120.64 Home Visit When Documentary Evidence Cannot Be Obtained

1. A home visit may be used as verification only when documentary evidence is insufficient to make a determination of eligibility or benefit level, or when documentary evidence cannot be obtained.

3.120.65 Documentation and Scheduling of Home Visit

1. If a home visit is determined to be necessary, the county department shall document the reason for the home visit in the case record including other attempts to secure necessary verifications and shall schedule, in advance, the appointment and give a specific date and approximate time of the appointment.

3.130 REDETERMINATION OF ELIGIBILITY

3.130.1 REQUIRED REDETERMINATIONS

3.130.11 Definition

1. A "redetermination of eligibility" shall mean a case review and necessary verification to determine whether the recipient continues to be eligible to receive assistance and, if eligible, the amount of such assistance. Beginning as of the case approval date, a redetermination shall be accomplished:
   1. A. Each 12 months for OAP, AND, and AB cases;
   2. B. Each 12 months, a face-to-face interview for Colorado Works cash assistance cases.

3.130.111 Eligibility for Abbreviated or "Paper" Redetermination (For adult Categories Only) For adult categories only, an abbreviated or "paper redetermination" may be completed for stable cases on a bi-annual basis. A stable case is defined as an adult category case which meets all of the following criteria:

1. A. The only income involved with the case is SSI and/or other unearned income;
   1. B. The case involved consists of no more than two persons;
   2. C. The case is an AND, AB, or OAP related case;
   3. D. Any income derived from the recipient's resources would not bring the case within $200 of the resource limit for the category involved during the certification period;
   4. E. The case has no unresolved IEVS matches; and, F. There is no known transfer of assets involved.

      An abbreviated redetermination must be followed by a full redetermination in accordance with subsection 3.130.2 or 3.130.3 in the following year.

3.130.12 Opportunity to Register to Vote at Redetermination

1. In addition to the above requirements, the county department shall provide to the public assistance recipient the opportunity to register to vote in accordance with the provisions of Section 3.110.2 through 3.110.4 of this staff manual.

3.130.13 Additional Redeterminations

1. In addition to the above requirements, the county department shall promptly redetermine eligibility when:
   1. A. It receives information which indicates a change in a recipient's circumstances which may affect continued eligibility for assistance or the amount of assistance to which the recipient is entitled;
   2. B. A recipient moves from one county to another (not applicable to Colorado Works Program and Medicaid for Families and Children);
   3. C. Direction to do so is received from the State Department;
   4. D. More frequent redeterminations are indicated due to case circumstances and characteristics; or, E. Resources are within $200 of the maximum resource limit. A redetermination or desk review will be completed every six months. (Not applicable to the Colorado Works Program or SSI cases.)

3.130.14 Redeterminations for Recipients of SSI

1. A recipient of SSI who has been approved for medical assistance only shall not be required to complete a signed redetermination of eligibility. SSI recipients who continue to receive SSI remain eligible for medical assistance. SSI applicants who have completed an application for financial assistance are required to complete a redetermination of eligibility. The county department, upon obtaining or receiving information that may affect the SSI recipient's eligibility, shall forward such information to the local SSI office. When an SSI recipient loses SSI financial assistance, the county department shall contact the recipient to determine if the recipient is eligible for Medicaid on some other basis, or to determine if the recipient wishes to apply for another type of financial assistance.

3.130.2 REDETERMINATION PROCEDURES - MAIL OUT

3.130.21 Forms

1. Forms that are required to be completed by the recipient shall be mailed to the recipient at least 30 calendar days prior to the first of the month in which completion of eligibility redetermination is due. A review of the case record will indicate the forms required based on individual case circumstances. The following procedures relate to mail-out redetermination:
   1. A. A redetermination form shall be mailed to the recipient together with any other forms to be completed;
   2. B. A self-addressed, stamped, return envelope shall be mailed to the recipient with the required forms;
   3. C. Forms shall be completed, signed by the recipient, and returned to the county department no later than two weeks after their receipt;
   4. D. When the recipient is unable to complete the forms due to physical, mental, or emotional disabilities, and has no one to help, the county department shall either assist the recipient or refer the recipient to a legal or other resource. When initial arrangements or a change in arrangements are being made, an extension of up to thirty days may be allowed. The assistance or referral action of the county department shall be recorded in the case record.

3.130.22 Follow-Up of Non-Returned Forms

1. When the redetermination forms are not returned within the two-week period:
   1. A. A second set shall be mailed to the recipient;
   2. B. A State-approved notice of proposed action form shall be mailed with the forms to notify the recipient of the proposed discontinuation of benefits due to the recipient's failure to complete the redetermination of eligibility forms. This action to discontinue shall not be taken, however, if the completed and signed forms are returned within the prior notice period.
   3. C. If no response is received by the end of the prior notice period, the case shall be discontinued upon the effective date of the notice sent to the recipient with the second set of redetermination forms.

3.130.23 Processing of Forms

1. When the redetermination forms are received by the county department, they shall be date stamped. Within ten days, the forms shall be thoroughly reviewed for completeness, accuracy, and consistency. All factors shall be evaluated as to their affect on eligibility and money payment. Verifications shall be documented in the case file. The case file shall be used as a checklist in the redetermination process, and shall be used to keep track of matters requiring further action. When additional information is needed:
   1. A. Due to incomplete items, the forms shall be mailed back to the recipient with a letter specifying the items that require completion. A self-addressed, stamped, return envelope shall be enclosed;
   2. B. Due to inaccurate or inconsistent data, the recipient shall immediately be contacted by telephone, by a home visit, or be requested to make an office visit, so that the county worker may secure the proper information.

3.130.3 REDETERMINATION PROCEDURES - INTERVIEW

3.130.31 Use of Home Visits or Office Appointments

1. County departments may use home visit or office appointment procedures as an alternative to the mail-out process. These procedures may be used for all cases, one category, or on an individual basis for adult category cases. For Colorado Works cases a face-to-face redetermination is required at least once every 12 months. When a redetermination interview is scheduled, the recipient shall be notified at least ten days in advance, in writing, of:
   1. A. The date, time, and place for the interview;
   2. B. Any documentation that may be needed;
   3. C. Income and resource verifications required;
   4. D. Any other eligibility factors such as household composition or school attendance that require verification;
   5. E. The opportunity to reschedule the appointment or make other arrangements in the event the recipient is ill or for other reason cannot keep the appointment.

3.130.32 Appointments

1. When the recipient does not keep the appointment and does not request an alternate time or arrangement:
   1. A. A second appointment notice shall be mailed to the recipient;
   2. B. A Notice of Action form shall be mailed with the notice notifying the recipient of termination but that such action will not be taken if the recipient keeps the second appointment or requests an alternate arrangements within the prior notice period;
   3. C. If no response is received by the end of the prior notice period, action to discontinue the case shall be taken.

3.130.33 Interview Process

1. During the interview, the worker shall:
   1. A. Explain the purpose of the interview and the use of the information supplied by the recipient on the redetermination form and any additional required forms;
   2. B. Inform all recipients in writing at the eligibility redetermination that Social Security Numbers for all recipients will be used to request and exchange information with other agencies as part of the eligibility process, including the Department of Labor and Employment (state wage and unemployment data), Social Security Administration, and Internal Revenue Service (unearned income). IEVS information may also be exchanged with other state or federal agencies administering public assistance programs, including the Department of Labor and Employment, Child Support Enforcement and the Social Security Administration.
   3. C. Have the recipient complete the forms or completes the forms on behalf of the recipient;
   4. D. Explain the appeal rights to the recipient;
   5. E. Witness the signature of the recipient and sign as a person who helped complete the forms, when applicable;
   6. F. Review documents, verifications, and any other information supplied by the recipient with the recipient in order to obtain clarification if needed.

3.130.4 ABBREVIATED OR "PAPER" REDETERMINATION (For Adult Categories Only)

3.130.41 Definition of "Paper" Redetermination

1. Adult category cases fitting the criteria of a stable case as defined in section 3.130.111 shall require only an abbreviated or "paper" redetermination. An application form shall not be required for a paper redetermination. Such a redetermination shall require:
   1. A. A desk review to determine if income and resources are still within the income limit for the category involved;
   2. B. A review of IEVS information received from the Internal Revenue Service; and, C. Documentation in the case record to show the above was completed and extending the redetermination date for one year.

3.130.5 COMPLETION OF REDETERMINATION

3.130.51 Completion for State AND, OAP, and AB Programs

1. A redetermination of eligibility for State AND, OAP and AB programs shall be complete when:
   1. A. All necessary forms concerning the redetermination are completed and have been reviewed;
   2. B. All factors are evaluated and decisions on continued eligibility and amount of money payment have been reached;
   3. C. Notice of change in payment, if applicable, is completed and mailed to the recipient. A State- approved notice of proposed action form shall be used for positive actions and for negative or adverse actions.

3.130.52 Completion for Colorado Works

1. A redetermination of eligibility shall be complete for Colorado Works when:
   1. A. All necessary forms concerning with redetermination are completed and have been reviewed;
   2. B. requested verification is obtained and recorded in the case file;
   3. C. All factors are evaluated and decisions on continued eligibility and amount of money payment have been reached;
   4. D. Notice of change in payment, if applicable, is completed and mailed to the recipient. A State- approved notice of proposed action form shall be used for positive actions and for negative or adverse actions.

3.130.6 STATE WITHHOLDING - NON-REDETERMINED CASES

3.130.61 The State Department shall withhold financial reimbursement to the county departments on payments to a recipient when a redetermination is overdue. The State Department may grant an exception to the county department if the county department documents good cause for a waiver and the State Department approves a written request for waiver.

3.130.62 Withholding financial reimbursement shall be established from information in the State eligibility file that is created from the eligibility reporting forms submitted to the State Department by the county departments. Withholding financial reimbursement shall continue until redetermination is completed and reported, at which time reimbursement will be resumed.

3.130.63 Financial reimbursement shall be withheld beginning the second month following the month the redetermination was due.

3.140 GENERAL REQUIREMENTS

3.140.1 CITIZENSHIP AND ALIEN STATUS

1. The following are citizens of the United States and are generally eligible to receive social services and public assistance.
   1. A. Persons born in the United States, Puerto Rico, Guam, Virgin Islands (U.S.), American Samoa, or Swain's Island;
   2. B. Persons who have become citizens through the naturalization process;
   3. C. Persons born to U.S. citizens outside the United States with appropriate documentation.

3.140.11 Verification of Citizenship

1. Citizenship may be verified by a birth certificate, possession of a U.S. passport, a certificate of U.S. citizenship (CIS form N-560 or NH-561), a certificate of naturalization (CIS form N-550 or N- 570), a certificate of birth abroad of a citizen of the United States (Department of State forms FS- 545 or DS-1350), or Identification Cards for U.S. citizens (CIS-I-179 or CIS-I-197).

3.140.12 Legal Immigrant

1. Legal Immigrant means an individual who is not a citizen or national of the United States and who was lawfully admitted to the United States by the Citizens and Immigration Services (CIS) as an actual or prospective permanent resident or whose physical presence is know and allowed by the CIS.

3.140.13 Qualified Alien

A Qualified Alien is defined as follows:

1. A. An alien lawfully admitted for permanent residence;
   1. B. An alien paroled into the United States under Section 212(d)(5) of the Immigration and Naturalization Act (INA) for a period of at least 1 year;
   2. C. An alien granted conditional entry pursuant to Section 203(a)(7) of the INA prior to April 1, 1980;
   3. D. A refugee under Section 207 of the INA;
   4. E. An asylee under Section 208 of the INA;
   5. F. An alien whose deportation is withheld under Section 243(h) or 241(B) (3) of the INA.
   6. G. A Cuban or Haitian entrant as defined in Section 501(3) of the Refuge Education Assistance Act of 1980;
   7. H. An alien who has been battered or subjected to extreme cruelty in the U.S. by a family member;
   8. I. An alien admitted to the U.S. as an Amerasian immigrant pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (as amended by Public Law No. 100-461);
   9. J. An individual who was born in Canada and possesses at least 50 percent American Indian blood or is a member of an Indian tribe as defined in 25 U.S.C. Section 450B(E).

3.140.131 Five Year Period

1. Qualified aliens arriving in the U.S. on or after August 22, 1996, are generally barred from federal programs for five years unless they meet one of the following exceptions:
   1. A. An honorably discharged U.S. veteran or active U.S. military personnel and/or spouse, unmarried children, widow and widower, including lawfully admitted permanent resident who is a Hmong or Highland Lao veteran of the Vietnam war; or, B. A refugee, asylee, deportation withheld, or an alien granted status as a Cuban or Haitian entrant; or, C. An individual who (1) was born in Canada and possesses at least fifty percent (50%) American Indian blood, or (2) is a member of an Indian tribe as defined in 25 U.S.C. Sec. 450 B(e); or, D. An individual admitted to the U.S., as an Amerasian immigrant pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as amended by Public Law No. 100-461; or, E. A lawfully admitted permanent resident who is a Hmong or Highland Lao veteran of the Vietnam war.

3.140.14 Documentation of Legal Immigrant

1. An alien considered a legal immigrant will normally possess one of the following forms provided by the Citizens and Immigration Services (CIS) as verification:
   1. A. I-94 Arrival/Departure Record B. I-551: Resident Alien Card (I-551)
   2. C. Forms I-688B or I-766 Employment Authorization Document D. A letter from CIS indicating a person’s status.

3.140.15 Verification with SAVE

1. A legal immigrants applying for public assistance must present documentation from CISshowing the applicant's status. All documents must be verified through SAVE (Systematic Alien Verification for Entitlements) to determine the validity of the document. Benefits shall not be delayed, denied or discontinued awaiting the SAVE verification.

3.140.16 Aliens and Temporary Residents Not Eligible for Assistance

1. The following individuals are not eligible for public assistance or social services programs:
   1. A. An alien with no status verification from CIS;
   2. B. An alien granted a specific voluntary departure date;
   3. C. An alien applying for a status; or, D. A citizen of foreign nations residing temporarily in the United States on the basis of visas issued to permit employment, education, or a visit.

3.140.17 Verification of Questionable Citizenship Information

1. The following guidelines shall be used in considering questionable statement(s) of citizenship from applicant:
   1. A. The claim of citizenship is inconsistent with statements made by the applicant, or with other information on the application, or on previous applications.
   2. B. The claim of citizenship is inconsistent with information received from another source. Application of the above criteria by the eligibility worker must not result in discrimination based on race, religion, ethnic background or national origin, and groups such as migrant farm workers or Native Americans shall not be targeted for special verification. The eligibility worker shall not rely on a surname, accent, or appearance which seems foreign to find a claim to citizenship questionable. Nor shall the eligibility worker rely on a lack of English speaking, reading or writing ability as grounds to question a claim to citizenship.

3.140.18 The member whose citizenship is in question shall be ineligible to participate until proof of citizenship is obtained. If an alien is unable to provide any CIS document at all, there is no responsibility to offer to contact CIS on the alien's behalf. Responsibility exists only when the alien has a CIS document that does not clearly indicate eligible or ineligible alien status. The county department shall contact the State Department, not the CIS, to obtain information about the alien's correct status (see Section 3.120.23). The method used to document verification of citizenship and the result of that verification shall be contained in the case file.

3.140.19 Determination of Eligibility for Financial Assistance

1. As a condition of eligibility for financial assistance a legal immigrant must provide income and resource information about such legal immigrant and the legal immigrant's sponsors unless otherwise provided in the eligibility criteria found in the specific program chapter. It shall be presumed that an affidavit of support demonstrates the sponsor’s ability to make income and resources available to an immigrant whom he or she sponsors at a minimum of one hundred twenty-five percent of the federal poverty level.
   1. The applicant or recipient may rebut the county department’s determination that the income and resources of the sponsor are available. If such a determination is made, the applicant or recipient may be eligible for financial assistance.

      If it is determined that the legal immigrant received financial assistance benefits that were the responsibility of the sponsor, the State Department or county department may recover such funds from the sponsor or the legal immigrant via the following:

   2. A. Income assignments;
   3. B. State income tax refund offset;
   4. C. State lottery winnings offset; and D. Administrative lien and attachment.

      Enforcement of duties under affidavit of support shall be the responsibility of the sponsored immigrant.

3.140.191 Affidavit of Support

1. Effective July 1, 1997, as a condition of eligibility for financial assistance, any legal immigrant applying for or receiving financial assistance shall agree in writing that, during the time period the recipient is receiving financial assistance, the recipient will not sign an affidavit of support for the purpose of sponsoring an alien seeking permission from CIS to enter or remain in the United States. A legal immigrant’s eligibility for financial assistance shall not be affected by the fact that the legal immigrant has signed an affidavit of support for an alien before July 1, 1997.

3.140.2 RESIDENCE (Not Applicable to TANF/Colorado Works)

3.140.21 Colorado Residency

1. To be eligible for assistance, an applicant shall be a resident of Colorado at the time application is made. There shall be no durational residence requirement. An applicant or recipient who establishes intent to remain in Colorado shall, for public assistance purposes, be considered a current resident. "Intent to remain" may be established by any or all of the following:
   1. A. Acquiring by purchase, rental, or other arrangements housing facilities used as a home;
   2. B. Household effects, equipment, and personal belongings being located in the home or being in transit;
   3. C. Securing employment or engaging in other self-supporting activity based in Colorado;
   4. D. Parents entering children in local schools;
   5. E. Completing the Affidavit of Intent – Residence form; and/or;
   6. F. Entering Colorado with a job commitment or in search of employment in Colorado.

3.140.22 County of Residence

1. An applicant must live in the county in which application is made. An applicant who resides in a county but who does not reside in a permanent dwelling nor have a fixed mailing address shall be considered eligible for assistance, provided all other eligibility requirements are met. In no instance shall there be a durational residency requirement imposed upon the applicant, nor shall there be a requirement for the applicant to reside in a permanent dwelling or have a fixed mailing address.
   1. The county department must provide a means for each recipient to receive the recipient's financial assistance and medical assistance card.

3.140.23 Temporary Residence

1. Residence shall be retained until abandoned. A recipient temporarily absent from the state, but who remains within the United States, shall retain Colorado residence. An absence shall be considered to be temporary when the recipient, at the time the recipient leaves, intends to return. "Intent to return" may be established by any or all of the following:
   1. A. Maintaining a home, storing possessions, or casting absentee voter's ballot in election in this state;
   2. B. Returning to the state immediately upon termination of cause of absence.
   3. C. Frequent returns to the state;
   4. D. Expressing a plan to return made in writing prior to or during absence to relatives, neighbors, friends, etc.;
   5. E. Purchasing a roundtrip ticket at time of departure;
   6. F. Securing a non-resident hunting or fishing license or a temporary automobile permit in the state of temporary residence.

3.140.24 Move Place of Residence

1. A recipient who moves out of the state with the apparent intention of making the recipient's place of residence in another state may have abandoned Colorado residence. Intent to abandon residence may be established by any or all of the following:
   1. A. Purchasing or obtaining a long-term lease of a dwelling unit in another state;
   2. B. Household effects, equipment, and personal belongings being removed to another state;
   3. C. Establishing voting residence in another state;
   4. D. Statements or other positive acts to the effect that the recipient has taken up residence in another state, including making application for assistance in that state;
   5. E. Titling or registering an automobile and securing auto license plates in another state; or, F. Securing resident hunting or fishing license in another state. When a recipient declares the intent to maintain Colorado residence, assistance shall be continued unless evidence exists that supports intent to abandon residence. When such evidence exists, the county department shall make a presumption of intent to abandon residence and shall place the burden of establishing otherwise on the recipient. If the evidence is refuted, the grant shall be continued.

3.140.241 Out-of-Country Visits and Loss of Residence

1. A recipient who leaves the state for 30 or more consecutive days to visit or move to another country shall be considered to have abandoned their Colorado residence. Upon return to Colorado, residence in the state and county must be reestablished before eligibility can be determined.

3.140.25 Non-Resident

1. A non-resident shall mean a person who considers his/her place of residence to be other than Colorado. An applicant or recipient who comes to the state to receive financial or medical assistance or for any other reason does not acquire residence as long as the applicant or recipient considers their permanent place of residence to be elsewhere. An applicant receiving assistance from another state shall not be eligible for assistance during any month in which a payment is made by the other state. An applicant who comes to Colorado with the intent to remain shall receive assistance upon application and determination of eligibility.

3.140.3 INTER-COUNTY TRANSFER

3.140.31 Opportunity to Register to Vote

1. A recipient becomes a resident of another county in the state, the county of residence shall provide to the public assistance recipient the opportunity to register to vote in accordance with the provisions of Section 3.110.2 through 3.110.4 of this staff manual.

3.140.32 For State AND, OAP, and AB Programs Only

1. A recipient who becomes a resident of another county in the state shall be entitled to receive public assistance for which the recipient is eligible from the other county department. To assure continuity of payment, the following procedures shall be used, except when the recipient moves from a private residence or home to a nursing home in another county or when the recipient moves from one nursing home to another nursing home in a different county: (for details, see the Colorado Department of Health Care Policy and Financing's Medical Assistance Manual/10 CCR 2505-10).
   1. A. When the recipient notifies the paying county department of new address in another county, the paying county department shall:
      1. 1. Send a State Department's prescribed eligibility redetermination form to the recipient with instructions that it be completed and taken to the new county of residence, thus formalizing the recipient's intent to remain in the new county, and 2. Provide prior and adequate notice of final payment due to transfer by the paying county department. Such notice shall not be issued with an effective date earlier than thirty (30) calendar days from the date the redetermination form was mailed. However, if both counties are mutually agreeable, the transfer process may be accomplished prior to the thirty (30) day time frame;
   2. B. When the recipient contacts the county of residence, that county department shall obtain the completed redetermination form and shall, within five (5) working days, request eligibility information from the paying county department using the Transfer Information Request form;
   3. C. The county of residence shall determine continued eligibility using information from the redetermination form and the information from the Transfer Information Request form within twenty (20) days of the date of mailing noted on the Transfer Information Request form;
   4. D. The paying county department shall forward to the county of residence within ten (10) working days, the information requested on the Transfer Information Request form along with notification as to when last payment will be made and/or a copy of the turnaround showing the date of discontinuation;
   5. E. The paying county department shall notify the recipient as to the last date of payment using the Advanced Notice of Action form;
   6. F. The resident county department shall notify the recipient of the effective date of approval. In the event the paying county department has had no communication from the county department of residence by ten (10) calendar days prior to the proposed discontinuation date, the paying county department may send an advanced Notice of Action to the recipient's last known address advising of the pending closure with a copy to the resident county department.

3.140.33 - 3.140.34 (None)

3.140.35 Residents of Institutions

1. A recipient shall be considered a resident in an institution when the recipient's stay is at least 30 consecutive days. Medical institutions include general medical and surgical hospitals, nursing homes, assisted living residences, and mental institutions.

3.140.36 Personal Needs Allowance

1. The following recipients shall be eligible for a monthly personal needs allowance when program requirements are met:
   1. A. Residents in a general medical and surgical hospital - public or private;
   2. B. Residents in a nursing home, assisted living residence, or intermediate care facility-public or private;
   3. C. Residents in a psychiatric facility when age 65 or more;
   4. D. Residents in a psychiatric facility when under age 21.

3.140.37 Other Residents Eligible for Categorical Assistance

1. The following recipients shall be eligible for a categorical assistance payment when program requirements are met:
   1. A. Residents in a domiciliary institution. Domiciliary institutions are facilities whose main purpose is to provide shelter.
   2. B. Residents in a state home for the aged;
   3. C. Residents in an institution sponsored by a benevolent association when the association has a fixed monthly charge for care.

3.140.38 Residents not Eligible for Personal Needs Payment

1. The following recipients are not eligible for a personal needs payments nor a categorical assistance payment:
   1. A. Residents in a penal institution; or, B. Residents in an unlicensed private or uncertified public institution.

3.150 FUNERAL, BURIAL AND CREMATION EXPENSES

3.150.1

1. A. A death reimbursement benefit shall in some circumstances be available to assist in paying for the funeral, burial, and cremation expenses of deceased recipient of medical and/or public assistance.
   1. 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.
   2. 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.

3.150.2 WHEN STATE FUNDS MAY BE CONTRIBUTED

1. A death reimbursement benefit covering reasonable funeral expenses or reasonable 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:
   1. 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.
   2. 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.

3.150.3 DISPOSITION BY FUNERAL, BURIAL, AND CREMATION

1. In those cases where disposition of a deceased recipient is by funeral/memorial service and burial or cremation, the county department may authorize that State Department funds shall be contributed toward the expenses for the following:
   1. A. Transportation of the deceased recipient's body from the place of death to a funeral home or other storage facility;
   2. B. Storage of the body during the time prior to final disposition;
   3. C. Embalming, where necessary for preservation of the body;
   4. D. Funeral or memorial service;
   5. E. Purchase of casket;
   6. F. Preparation of body for placement in casket;
   7. G. Transportation of body and casket to site of funeral/memorial service and/or cemetery;
   8. H. Purchase of gravesite;
   9. I. Purchase of vault (liner), when required by the cemetery;
   10. J. Opening and closing of grave;
   11. K. Purchase and placement of grave marker;
   12. L. Perpetual care of gravesite by owner of cemetery;
   13. M. Cremation of body;
   14. N. Purchase of an urn or other receptacle for the cremated remains of the decedent;
   15. O. Burial of the cremated remains of the decedent, including purchase of gravesite, vault (liner) if required by the cemetery, opening and closing of grave, purchase and placement of grave marker, and perpetual care of gravesite;
   16. P. Storage of the cremated remains for no more than 120 days, in those cases where they are not buried and are not claimed by the decedent's family or friend; and,/or, Q. Any other items which are incidental to the funeral/memorial service and burial/cremation.

3.150.4 ARRANGING FOR THE DETAILS OF DISPOSITION

1. Even though State Department funds may be contributed toward the expenses for the items listed in the preceding sections, some of those items will not be requested, necessary or affordable in some situations (e.g., in the case of a direct burial with or without graveside service, or immediate cremation with no burial). In the course of contacting relatives of the deceased recipient in order to arrange for disposition, the county department and any provider which is involved (e.g., a funeral home or cemetery) should consult with the family members about the applicable regulatory provisions, the resources of the decedent's estate and family/friends, and the relative costs of the various types of disposition. In those cases where the recipient or family has requested that the disposition include items which cannot be provided within the limitations of these regulatory provisions, and where the family is unable or unwilling to make separate financial arrangements without a State Department contribution, the county department shall make arrangements for disposition of the recipient's body in a reasonable, dignified manner which approximates the wishes and the religious and cultural preferences of the recipient or family.

3.150.5 LIMITATION ON TOTAL CHARGES FOR DISPOSITION

1. Regardless of the manner of disposition, State Department funds shall not be contributed if the total charges (including those paid by the deceased recipient's estate, family, state funds, or any other source) for services, property, and supplies related to the disposition exceed $2,500.

3.150.6 PROCEDURES TO BE FOLLOWED BY COUNTY DEPARTMENT

1. The county department in which the deceased recipient's case is active shall be responsible for determining whether and in what amounts State Department funds may be contributed for the disposition of the deceased recipient's body.
   1. A. When assistance for funeral, burial, or cremation services is requested on behalf of a deceased recipient of public or medical assistance, the county department shall obtain a completed application for funeral/burial/cremation assistance as prescribed by the State Department. This form is used to make a determination of eligibility for State Department funds for such services. The county department shall ensure that a choice of disposition by the recipient or a family member is made in writing. The choice of disposition may be made in the recipient's will, on the application for funeral/burial/cremation assistance, or by any other document which the county department deems to be credible. When a choice of disposition between burial and cremation was made by the recipient in writing, and the recipient is determined to be eligible for burial assistance, the choice shall be honored by the county department within the limits of costs and reimbursement available. If a choice of disposition was not previously made by the recipient, the county department shall request a family member (spouse, adult children, parents, or siblings) to make the choice. The application form provides a section to be used by the family to make a written choice of disposition. Once the choice of disposition is determined, the appropriate providers shall be contacted to obtain signed proposals of items and charges for disposition. The Provider's Proposed Charges for Funeral/Burial/Cremation of Deceased Recipient of Assistance form shall be used for this purpose. If more than one provider is involved, a separate form for each provider shall be used. Once the application and proposals from providers are received, the county department shall be able to determine if a State Department funded death reimbursement is appropriate.
      1. If the combined charges from the providers exceed two-thousand five hundred dollars ($2,500), no death reimbursement shall be paid from State Department funds. Providers may seek contributions from non-responsible persons only to the extent that monies are available from such parties.
   2. B. In determining the extent of the State Department funded contribution, if any, toward the expenses of disposition, the county department shall proceed in accordance with the following steps:
      1. 1. If the recipient did not make a written choice between burial and cremation, the county department shall determine whether the recipient's family has any preference. The county department shall encourage such relatives, in making a choice of disposition, to consider the relatives' ability to contribute to the costs of the available options.
      2. 2. After determining the method of disposition for the deceased recipient, the county department shall next determine whether any funds for disposition are available from the deceased recipient's estate or from those individuals legally responsible for the deceased recipient's support. The county department shall also inquire about the availability of such funds from persons who appear to be interested in the manner of the deceased recipient's disposition, even if such persons are not legally responsible for the deceased recipient's support.
      3. 3. The county department shall require the legally responsible person to financially participate towards the charges for funeral, burial, or cremation unless their resources are less than the Supplemental Security Income resource limit which is $2,000 for an individual and $3,000 for a couple. The amount of resources over the SSI limit shall be used to reduce the State Department funded Death Reimbursement payment. Money voluntarily contributed by the responsible party towards the burial, funeral, or cremation costs by the responsible party is also used to reduce the Death Reimbursement Benefit.
      4. 4. The value of a prepaid burial plot of $2,000 or less when purchased is exempt and not counted toward the total funeral, cemetery, or burial expenses. If the final resting place was purchased by someone other than the deceased recipient and donated to the deceased recipient, it shall not be counted as personal resource of the deceased recipient or legally responsible person.
      5. 5. Social security lump sum death benefits payable to a legally responsible person shall not be used in reducing the maximum Death Reimbursement Benefit.
      6. 6. Funds disbursed from any insurance policy of the deceased recipient to a legally responsible person or non-responsible person who is named as beneficiary or a joint beneficiary of the deceased recipient's policy, are counted as available and shall be used to reduce the maximum Death Reimbursement. Providers may seek contributions from non-responsible persons to the extent that monies are available from such parties.
      7. 7. Contributions made by non-responsible parties shall not reduce the Death Reimbursement Benefit. These funds are used to offset the maximum combined charges to the providers. The county department shall make every reasonable effort to minimize the contribution of State Department funds for a deceased recipient's disposition. The State Department may limit the maximum State Department contribution to a figure lower than $1,500 in order to contain total State Department expenditures within the available legislative appropriation. The State prescribed form shall be used to inform the county department accounting office of itemized total charges and the total State Department contribution.
   3. C. The county department shall use the following procedures in cases where the county department becomes aware of a deceased recipient of public or medical assistance, and a family member cannot be located:
      1. 1. If a family member has not been located within twenty-four hours after the recipient dies, the county department shall have the deceased recipient's body refrigerated or embalmed.
      2. 2. If a family member has not been located within seven days, the county department shall make the determination to bury or cremate the deceased recipient based on the best option available.
      3. 3. The county department shall complete and send the State required form, Authorization of Cremation, to the appropriate funeral home/crematorium to authorize the cremation.
         1. The county department may authorize payment for funeral, burial, and cremation expenses up to one year after the death of the recipient. Those persons who made arrangements for the disposition of the deceased recipient's body must provide all necessary information to enable the county department to determine whether and to what extent a contribution of State Department funds is appropriate.

3.150.7 PROVIDER AGREEMENT

1. The county department shall have a statement of agreement between the providers which sets forth the charges and the amounts of any disbursement of funds by the county department. The agreement shall assure that the distribution of death reimbursement benefits are equitable. The agreement must be signed by all vendor(s) who are providing the services. The form must be approved and signed by the county department before death reimbursement is provided. Payment shall be made pursuant to the agreement.

3.160 CASE RECORDS

3.160.1 PURPOSE AND USE OF CASE RECORDS

3.160.11 Preparation of Case Record

1. Preparation of the case record shall begin at the point of initial interview with the applicant and continue so long as the case is open for assistance.

3.160.12 Purpose

1. The major purposes of a case record shall be:
   1. A. To assist the county worker in reaching a valid decision concerning eligibility for and the amount of payment;
   2. B. To insure assistance based on factual information;
   3. C. To provide for continuity of assistance when a worker is absent, when a case is reopened, and when a case is transferred from one county worker to another;
   4. D. To assure valid administration of the county department in keeping with its function and purposes;
   5. E. To serve as a valuable basis for research, for interpretation of the work of the county department, and as a basis for development and evaluation of policy and procedure.

3.160.2 CASE NUMBERING

3.160.21 Case Number

1. A case number shall be assigned each family at the time of application for assistance.

3.160.3 CASE RECORD NARRATIVE

3.160.31 Use of Narrative

1. The narrative portion of the case record is not intended to be a report of activities. Information pertaining to eligibility and verification and documentation thereof shall be entered on the application, the redetermination, or the eligibility review record. Only in the most complicated, or difficult situations concerning income or property shall a recording be entered in the narrative section of the case record.

3.160.4 ARRANGEMENT OF CASE RECORD CONTENTS

3.160.41 Case Maintenance

1. All material pertaining to a case shall be secured to a durable folder plainly labeled with the name and number of the case. A method such as use of a "charge-out" divider shall be used for location of any record not in the storage area in order that the record may be readily obtained and/or accounted for.

3.160.42 Written Policy

1. Each county department shall develop a written policy stipulating the order of the case record, and the content of all records in that county department shall be filed according to that county department policy. The county department must stipulate that case record material must be fastened to the file folder in order to secure the information and maintain the filing order.

3.160.5 CUSTODY AND PRESERVATION OF RECORDS

3.160.51 County Storage of Records

1. The county department shall be responsible for the provision of a safe place for storage of case records and other confidential material to prevent disclosure by accident or as a result of curiosity of persons other than those involved in the administration of the programs. If a county department shares building space with other county offices, locked files to store case material shall be used. Janitors and other maintenance personnel shall be instructed concerning the confidential nature of information.

3.160.52 State Authority Required for Removal of Case Records

1. Case records are the property of and shall be restricted to use by the State Department and county department. Only on authority of the State Department may case records be removed from the office of the county department.

3.170 COORDINATION OF FOOD ASSISTANCE CHANGES WITH ASSISTANCE PAYMENT

1. CHANGES The county department shall promptly act to make changes in food stamp eligibility and benefits as necessary in all instances where an individual or mass change in public assistance eligibility or payment occurs. Such changes shall be made in accordance with food stamp rules contained in the Food Stamp rule manual chapter on "Changes During the Certification Period", (10 CCR 2506-1).

3.200 GENERAL FINANCIAL ELIGIBILITY CRITERIA

3.200.1 DETERMINATION OF NEED

3.200.11 Determination of need must be made in accordance with the financial eligibility requirements for the specific assistance program.

3.200.12 Consideration of Countable Income and Resources

1. For the purpose of determining need for assistance, all countable resources and income must be taken into consideration.
   1. Definition of Countable Resources and Income Countable resources and income mean those which are considered to be available to the applicant, recipient, or family budget unit after the application of appropriate exemptions, disregards, and deductions.

3.200.2 AVAILABILITY OF RESOURCES AND INCOME (Not applicable to Colorado Works)

3.200.21 When Resources and Income are Considered Available

1. Resources and income shall be considered available both when actually available and when the applicant or recipient has a legal interest in a sum (includes cash or equity value of a resource) and has the legal ability to make such sum available for support and maintenance. If the resources and/or income have been transferred to a trust, the trust shall be submitted to the State Department of Health Care Policy and Financing for review in accordance with the Medical Assistance Staff Manual, Section 8.110.52 (10 CCR 2505-10). Eligibility shall not be determined until a response from the Department of Health Care Policy and Financing is received regarding the treatment of the trust.

3.200.22 Securing Resources and Income

1. An applicant or recipient must make every reasonable effort to secure potential resources and income:
   1. A. The time required to develop a resource or income to a state of availability must not be used as a basis for delaying action on an application;
   2. B. So long as an applicant or recipient is taking appropriate steps to secure a potential resource or income, assistance must be continued without adjustment until the resource or income is available;
   3. C. If an applicant or recipient refuses or fails to make a reasonable effort to secure a potential resource or income, such resource or income must be considered as if available, and timely and adequate notice must be given regarding a proposed action to deny, reduce, or terminate assistance;
   4. D. If upon receipt of the prior notice, the applicant or recipient acts to secure the potential resource or income, the proposed action to deny, reduce, or terminate assistance must be withdrawn, and assistance must be approved and/or continued without adjustment until the resource or income is, in fact, available.

3.200.23 When a Resource or Income is Considered Potential

1. A resource or income is considered as potential only if the county department has determined that the applicant or recipient could, in fact, secure such resource or income by taking appropriate steps.

3.200.24 Potential Resource

1. A potential resource means one in which the applicant or recipient has the legal ability to acquire or reacquire rights of ownership. Situations which may indicate the possibility of a potential resource are, for example, manipulation of resources by a trustee or conservator against the terms of a trust or estate, obstruction of an inheritance, or loss of property by deception or fraud.

3.200.25 Potential Income

1. Potential income means a benefit or payment to which the applicant or recipient may be entitled, such as annuities, pensions, retirement or disability benefits, veterans compensation and pensions, workmen's compensation, Old Age, Survivor's, and Disability Insurance (OASDI) benefits, SSI benefits, and unemployment compensation.

3.200.26 Colorado Works

1. The Colorado Works section 3.612, on “General Resource and Income Exemptions” , provides for exception to the requirement for securing potential income in the form of SSI benefits. Specific instructions regarding the exception are contained in that section.

3.200.3 DISTINGUISHING RESOURCES FROM INCOME (Not applicable to the Colorado Works Program)

3.200.31 Definitions

1. To distinguish resources from income to determine whether resources or income rules apply:
   1. A. "Resources" mean those properties an applicant or recipient or family already has as of the first of a calendar month, or as of the date of application if not counted as income for the application month;
   2. B. "Income" in general means any cash, payments, wages, in-kind receipt, inheritance, gift, prize, rents, dividends, interest, etc., that are received by an applicant, recipient, or family during a particular calendar month.

3.200.32 Bona Fide Loans

1. Bona fide loans shall be considered exempt from income and resources for the purpose of determining program eligibility and payment in the month received. Bona fide loans are loans, either private or commercial, which have a repayment agreement. Such loans shall be verified by written statement. Any money from the loan proceeds that remain on the first day of the month after the proceeds were received is considered a countable resource and will be used in calculating the resource maximum. Specific instructions regarding the treatment of educational loans are contained in the income section on “Educational Loans and Grants” .

3.200.33 Conversion of Resources

1. The conversion of one type of resource to another shall not represent income in the month of exchange. Conversions are:
   1. A. Proceeds from the sale of an item of property;
   2. B. Proceeds from fire or casualty insurance;
   3. C. Payments on the principal of a contract of sale (such as a note or mortgage); except that, when a contract has been evaluated as being non-negotiable, such payments shall be considered as income.

3.200.34 Shifting of Resources

1. Shifting of resources from countable to exempt and shifting from one form of countable to another and from one form of exempt to another is permitted.

3.200.4 GENERAL RESOURCE AND INCOME EXEMPTIONS (Not applicable to Colorado Works; see Section 3.612 entitled, "General Resource and Income Exemptions")

3.200.41 Exemptions

1. To determine eligibility for financial assistance and the amount of the assistance payment, the following shall be exempt from consideration as either resources or income:
   1. A. The value of Food Stamp coupons and USDA donated foods;
   2. B. Benefits received under Title III, Nutrition Program for the Elderly, of the Older Americans Act;
   3. C. The value of supplemental food assistance received under the special food services program for children provided for in the National School Lunch Act and under the Child Nutrition Act, including benefits received from the special supplemental food program for women, infants and children (WIC);
   4. D. Home produce utilized for personal consumption;
   5. E. Payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act; relocation payments to a displaced homeowner toward the purchase of a replacement dwelling are considered exempt for up to 6 months (specific instructions are contained in the section on “Property Replacement Exemptions” );
   6. F. The value of any assistance paid with respect to a dwelling unit under:
      1. 1. the United States Housing Act of 1937;
      2. 2. the National Housing Act;
      3. 3. Section 101 of the Housing and Urban Development Act of 1965;
      4. 4. Title V of the Housing Act of 1949; or 5. Section 202(h) of the Housing Act of 1959.
   7. G. Payments received for providing foster care;
   8. H. Payments to volunteers serving as foster grandparents, senior health aides, or senior companions, and to persons serving in the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) and any other program under Title I (VISTA) when the value of all such payments adjusted to reflect the number of hours such volunteers are serving is not equivalent to or greater than the minimum wage, and Title II and III of the Domestic Volunteer Services Act;
   9. I. the benefit provided an applicant, recipient, or household from the Low-Income Energy Assistance (LEAP) Program;
   10. J. Any grant or loan to any undergraduate student for educational purposes made or insured under any programs administered by the Commissioner of Education (Basic Educational Opportunity Grants, Supplementary Educational Opportunity Grants, National Direct Student Loans, and Guaranteed Student Loans);
   11. K. Any portion of educational loans and grants obtained and used under conditions that preclude their use for current living costs;
   12. L. Training allowances granted by JTPA to enable any individual, whether dependent child or caretaker relative, to participate in a training program are exempt;
   13. M. Payments received from the youth incentive entitlement pilot projects, the youth community conservation and improvement projects, and the youth employment and training programs under the Youth Employment and Demonstration Project Act;
   14. N. Social Security benefit payments and the accrued amount thereof to a recipient when an individual plan for self-care and/or self-support has been developed. In order to disregard such income and resources, it must be determined that (1) SSI permits such disregard under such developed plan for self-care-support goal, and (2) assurance exists that the funds involved will not be used for purposes other than those intended;
   15. O. Any retroactive OASDI or SSI benefits still remaining after the month of receipt shall be exempt as a resource for six months following the month they are received;
   16. P. Compensation received by the applicant or recipient pursuant to the Colorado Crime Victims Compensation Act shall not be considered as income, property, or support available to the applicant or recipient. This is compensation paid to innocent victims or dependents of victims of criminal acts who suffer bodily injury;
   17. Q. Assistance from other agencies and organizations for items not included in the need standard is exempt;
   18. R. Monies received pursuant to the "Civil Liberties Act of 1988", P.L. No. 100-383, (by eligible persons of Japanese ancestry or certain specified survivors, and certain eligible Aleuts);
   19. S. Any payment made from the Agent Orange Settlement Fund, pursuant to P.L. No. 101-201;
   20. T. The value of any commercial transportation ticket, for travel by an applicant or recipient (or spouse) among the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands, which is received as a gift by such applicant or recipient (or such spouse) and is not converted to cash;
   21. U. Effective 1/1/91, reparation payments made under Germany's Law for Compensation of National Socialist Persecution (German Restitution Act);
   22. V. Any money received from the Radiation Exposure Compensation Trust Fund, pursuant to P.L.
       1. No. 101-426 as amended by P.L. No. 101-510;
   23. W. Property which is held in trust for or distributed per capita to members of Native American tribes pursuant to federal law, including purchases made with such funds and the interest and investment income accrued on judgment funds held in trust (P.L. No. 93-134, 97- 458, and 98-64);
   24. X. Effective 9/1/91, reparation payments made under Sections 500 through 506 of the Austrian General Social Insurance Act;
   25. Y. Effective 8/1/94, payments to applicants or recipients because of their status as victims of Nazi persecution pursuant to Public Law No. 103-286;
   26. Z. Income paid to children of Vietnam veterans who were born with spina bifida pursuant to P.L.
       1. No. 104-204; or,
   27. AA. Payments made from any fund established pursuant to a class settlement in Walker v. Bayer Corporation, et al. 96-C-5024 (N.D. Ill.).

3.210 RESOURCES-GENERAL DEFINITIONS

3.210.1 PROPERTY OWNERSHIP (Not applicable to Colorado Works)

3.210.11 Definitions

1. "Resources" are the real and personal property which an applicant or recipient or family owns:
   1. A. "Real property" means land, including (l) rights in land such as oil, mineral and water rights, and (2) buildings and other objects affixed to land:
   2. B. "Personal property" means all items of ownership that are not considered real property.

3.210.12 Ownership

1. "Ownership" means lawful title to, legal right of possession of, or legal interest in a property.

3.210.13 Real Property

1. In order for real property to be considered a resource to the applicant or recipient, the following must be determined:
   1. A. The actual value less encumbrances of the applicant's or recipient's ownership interest;
   2. B. The negotiability of the ownership interest (that is, there are no legal restrictions from selling the applicant's or recipient's property interest); and, C. The ability to sell the property interest (that is, that the ownership interest can, in fact, be sold on the open market at any price).

3.210.14 Ownership Interest

1. The degree of the applicant's or recipient's ownership interest is determined by the type of ownership. Generally, the types of ownership are:
   1. A. Sole ownership, in which the applicant or recipient is the only owner. If the applicant or recipient has the right to dispose of the property, the actual value less encumbrances of the property is determined and counted as a resource;
   2. B. Shared ownership, in which the property is owned by two or more individuals. The actual value less encumbrances is determined and charged in proportion to the applicant's or recipient's share of ownership. There are two kinds of shared ownership:
      1. 1. Joint ownership or ownership in common, in which the property's actual value less encumbrances is divided equally among the owners; and, 2. Tenancy in common, in which the property's actual value less encumbrances is divided by the number of owners in proportion to their stated interest (which may not necessarily be equal).

3.210.15 Sale of Property

1. Negotiability and, if applicable, the applicant's or recipient's ability to sell the property interest at a reasonable price must be determined. Negotiability refers to the applicant's or recipient's legal right to dispose of an ownership interest; ability to sell refers to legal ability to sell. Reasonable price is determined to be two-thirds of the actual value as defined in the section on equity value.
   1. A. Negotiability - there may be legal reasons why an applicant or recipient may not be able to sell the applicant's or recipient's property interest, such as, the estate is in probate or there is a lawsuit pending against the property. The refusal of co-owners to consent to the sale of a property interest is not a legal restriction of an applicant's or recipient's right to sell.
   2. B. For adult financial and Medicaid applicants or recipients, if the co-owner of the property uses the property as the principal place of residence and would be forced to move if the property were sold the property shall be exempted.
   3. C. For adult financial and Medicaid applicants or recipients, if the applicant or recipient cannot sell the property for two-thirds of the actual value as defined in the section on equity value the property shall be exempted provided that the applicant or recipient continues reasonable efforts to sell the property . This is done by listing the property with an agency or by advertising in the local media as examples. The county department must verify on a quarterly basis that a reasonable effort is being made to sell the property. If it is not determined to be a reasonable effort, the property shall not be exempted. If the property interest cannot be disposed of because of legal technicalities, the applicant's or recipient's equity value is not a countable resource. In instances where limitations exist which prevent disposition of property, the case file shall contain an explanation of the barrier and whether such limitation is expected to be resolved. Such an explanation shall be supported by documentation of the nature of the limitation.

3.210.16 Joint Checking and Savings Account

1. A. Unless there is evidence of different intent as established by the owners, the applicant or recipient's share of cash in a joint checking or savings account shall be established as the proportion of net contributions by each to the sums on deposit. The amount shall be determined by:
   1. 1. A written statement from the applicant or recipient giving the allegation of ownership of funds, the reasons for establishing joint accounts, and who made the deposits and withdrawals, and 2. A corroborating statement from the other account holders.
   2. B. If the applicant or recipient or other account holder is incompetent, incapacitated or unable to sign a statement, a statement may be signed by a parent, other relative, legally appointed guardian or conservator acting responsibly on behalf of the applicant or recipient.
   3. C. In situations where the corroborating statement cannot be obtained or there is reason to doubt the applicant's or recipient's statement, the county department may obtain a client release to secure bank records to determine the proportion of net contribution.
   4. D. If the applicant or recipient establishes by a preponderance of evidence that the intent of ownership is other than the proportion of net contributions, the county department shall use the amount as established by the evidence. In cases where it has been shown the applicant or recipient has no interest in the account, the county department shall request:
      1. 1. A change in the account designation removing the applicant's or recipient's name, and 2. Submittal of the original and revised account records showing the change was made.

3.210.17 Court Established Estate

1. If a court has established an estate for an applicant or recipient adjudicated mentally incompetent, the resources that appear in the inventory of the estate as accepted by the court must be considered available to such applicant or recipient.

3.210.2 PROPERTY OWNED BY A SPOUSE (Not applicable to Colorado Works)

3.210.21 Property Owned by One Spouse

1. For most purposes, as long as a resource is owned by one spouse alone, its value must only be charged to that spouse. However, as of September 30, 1989, this subsection does not apply to the consideration of resources for certain married couples: where one spouse becomes institutionalized on or after September 30, 1989, and the other spouse remains in the community (see the sections in the Department of Health Care Policy and Financing Medical Assistance Staff Manual, Volume 8, under "Treatment of Income and Resources for Institutionalized Spouses" (10 CCR 2505-10)).

3.210.22 Property Ownership When Couple is Permanently Separated

1. If it is determined that a married couple is permanently separated, ownership of property by a non-applicant or non-recipient spouse does not affect an applicant's or recipient's eligibility for assistance.

3.210.23 Permanent Separation

1. A married couple is considered to be permanently separated when:
   1. A. They are divorced or legally separated; or, B. Both physical and financial ties have been dissolved and a relationship as spouses no longer exists.

3.210.24 Presumption of Marriage

1. Unless there has been a divorce or legal separation, the presumption is made that the couple is still married. Such presumption must be refuted by persons, other than the spouses, who can establish that they are in a position to know and assert that a complete and permanent separation does, in fact, exist.

3.210.3 TRANSFERS WITHOUT FAIR CONSIDERATION (Not applicable to Colorado Works)

3.210.31 Transfers Made With 36 Months Prior to Application

1. An applicant or recipient who disposes of resources at less than fair market value any time within 36 months immediately prior to filing of an application for assistance, or makes such a transfer while receiving assistance, may be ineligible for public assistance. In regard to an applicant or recipient, such a transaction is considered as a transfer of resources without fair consideration and is a factor of eligibility if the transfer, assignment, or sale of a resource was:
   1. A. Voluntary, B. Without fair and valuable consideration; and.
   2. C. For the purpose of rendering such applicant or recipient eligible for assistance. The county department shall make a rebuttable presumption that the transaction was for such purpose when the transfer was made any time during the 36 month period immediately prior to the filing of application for assistance or during such time that assistance was being received.

3.210.32 Presumption

1. An applicant or recipient must be given the opportunity to disprove a presumption by the county department that a transfer was made to establish or retain eligibility for assistance. Such presumption is nullified if the applicant or recipient can demonstrate to the county department that the transfer was for another purpose.

3.210.33 Other Purposes

1. Circumstances at the time of the transaction may indicate another purpose for a transfer without fair consideration. An applicant's or recipient's willingness to accept a sum which is less than a fair consideration may be shown to be reasonable based on a hardship just prior to the transaction. Examples of hardship are:
   1. A. A period of unemployment causing a need of funds to meet monthly bills, and costs of subsistence;
   2. B. An accident or severe illness causing a need of funds to meet large expenditures for medical care and services.

3.210.34 Involuntary Transfer

1. An involuntary transfer of a resource would not affect eligibility. Transfers which would be considered involuntary are:
   1. A. Loss of property through fraud, provided that the applicant or recipient can demonstrate that every reasonable effort has been made to recover the property, by court action or other procedures as indicated; or, B. Loss of property through legal action such as judgment, foreclosure, delinquent tax sale, etc.

3.210.35 Property Transfer

1. A. Upon application, the county department will determine if the applicant or recipient transferred resources without fair consideration within the last 36 months. For an applicant or recipient of financial assistance, and/or the applicant's or recipient's spouse, who established a life estate on the applicant's or recipient's residence, a transfer of assets without fair consideration may occur. A transfer of assets without fair consideration occurs when a life estate was established on the residence by the applicant or recipient of financial assistance, and/or the applicant's or recipient's spouse, within 36 months from the date of application.
   1. B. The amount to be considered as a transfer of assets without fair consideration shall be computed by using equity value of the property and applying it to the life estate table contained in these rules as follows:
      1. 1. Determine the equity value of the property at the time the life estate was established. The equity value of the residential property shall be determined by obtaining the actual value and subtracting encumbrances.
      2. 2. The actual value shall be obtained by using the actual value reported by a county assessor or from the most recent property assessment notice. If the actual value is not shown on the property assessment notice, the assessed value shall be divided by the appropriate percentage value for residential property as established by state law to obtain the actual value. Encumbrances include mortgages, liens, judgments, delinquent taxes, loan agreements, and other forms of indebtedness.
      3. 3. Multiply the equity value of the "Remainder" factor from the "Life Estate Remainder Interest Table" contained in these rules that corresponds to the applicant's or recipient's age at the time the life estate was established. The result is the amount to be considered as a transfer of assets without fair consideration. When a life estate is established on the residence held by spouses in joint tenancy, the age of the younger spouse shall be used to calculate the amount of the transfer.
         1. Once the transfer of asset amount is computed, the penalty period for transfer of assets without fair consideration is determined by using the steps as explained above.

3.210.351 (None)

3.210.352 Life Estate Remainder Interest Table (Not applicable to Colorado Works) AGE REMAINDER . AGE . . . .

1. 0 .02812 . 35 1 .01012 . 36 2 .00983 . 37 3 .00992 . 38 4 .01019 . 39 . . . .

   5 .01062 . 40 6 .01116 . 41 7 .01178 . 42 8 .01252 . 43 9 .01337 . 44 . . . .

   10 .01435 . 45 11 .01547 . 46 12 .01671 . 47 13 .01802 . 48 14 .01934 . 49 . . . .

   15 .02063 . 50 16 .02185 . 51 17 .02300 . 52 18 .02410 . 53 19 .02520 . 54 . . . .

   20 .02635 . 55 21 .02755 . 56 22 .02880 . 57 23 .03014 . 58 24 .03159 . 59 . . . .

   25 .03322 . 60 26 .03505 . 61 27 .03710 . 62 28 .03938 . 63 29 .04187 . 64 . . . .

   30 .04457 . 65 31 .04746 . 66 32 .05058 . 67 33 .05392 . 68 34 .05750 . 69 . . . .

   70 .39478 . 90 71 .41086 . 91 72 .42739 . 92 73 .44429 . 93 74 .46138 . 94 . . . .

   75 .47851 . 95 76 .49559 . 96 77 .51258 . 97 78 .52951 . 98 79 .54643 . 99 . . . .

   80 .56341 . 100 81 .58033 . 101 82 .59705 . 102 83 .61358 . 103 84 .63002 . 104 . . . .

   85 .64641 . 105 86 .66236 . 106 87 .67738 . 107 88 .69141 . 108 89 .70474 . 109

3.210.353 Life Expectancy Table – Males (Not applicable to Colorado Works)

1. AGE EXPECTANCY . AGE . . . .

   0 71.80 . 40 1 71.53 . 41 2 70.58 . 42 3 69.62 . 43 4 68.65 . 44 5 67.67 . 45 6 66.69 . 46 7 65.71 . 47 8 64.73 . 48 9 63.74 . 49 10 62.75 . 50 11 61.76 . 51 12 60.78 . 52 13 59.79 . 53 14 58.82 . 54 15 57.85 . 55 16 56.91 . 56 17 55.97 . 57 18 55.05 . 58 19 54.13 . 59 20 53.21 . 60 21 52.29 . 61 22 51.38 . 62 23 50.46 . 63 24 45.55 . 64 25 48.63 . 65 26 47.73 . 66 27 46.80 . 67 28 45.88 . 68 29 44.97 . 69 30 44.06 . 70 31 43.15 . 71 32 42.24 . 72 33 41.33 . 73 34 40.23 . 74 35 39.52 . 75 36 38.62 . 76 37 37.73 . 77 38 36.83 . 78 39 35.94 . 79

3.210.353 Life Expectancy Table – Females (Not applicable to Colorado Works)

1. AGE EXPECTANCY . AGE . . . .

   0 78.79 . 40 1 78.42 . 41 2 77.48 . 42 3 76.51 . 43 4 75.54 . 44 5 74.56 . 45 6 73.57 . 46 7 72.59 . 47 8 71.60 . 48 9 70.61 . 49 10 69.62 . 50 11 68.63 . 51 12 67.64 . 52 13 66.65 . 53 14 65.67 . 54 15 64.68 . 55 16 63.71 . 56 17 62.74 . 57 18 61.77 . 58 19 60.80 . 59 20 59.83 . 60 21 58.86 . 61 22 57.89 . 62 23 56.92 . 63 24 55.95 . 64 25 54.98 . 65 26 54.02 . 66 27 53.05 . 67 28 52.08 . 68 29 51.12 . 69 30 50.15 . 70 31 49.19 . 71 32 48.23 . 72 33 47.27 . 73 34 46.31 . 74 35 45.35 . 75 36 44.40 . 76 37 43.45 . 77 38 42.50 . 78 39 41.55 . 79

3.210.36 Cash or Equity

1. An applicant or recipient may transfer cash or equity in a countable resource into joint ownership, one-half each, with the spouse, without being required to prove receipt of fair consideration; however, any amount transferred which is in excess of one-half must be regarded as a transfer without fair consideration.

3.210.37 Transfers without fair consideration by a non-recipient spouse, other than property transferred into a life estate on or after June 1, 1996, shall not affect the eligibility of an applicant or recipient.

3.210.4 EVALUATING PROPERTY TRANSACTIONS

3.210.41 Definition of Transfer Without Fair Consideration

1. A "transfer without fair consideration" means a property transaction in which the proceeds of the transfer, assignment, or sale are less than the value of the resource.

3.210.42 As used in this section regarding property transactions:

1. A. Proceeds means actual proceeds of the transaction before consideration of expenses related to the transaction;
   1. B. Value - for real and personal property - means actual value the property could sell for less encumbrances (as defined in the section entitled "Property Valuation");
   2. C. Value - for liquid resources such as cash, savings/checking accounts, IRA accounts, etc. - means the current redemption rate, less encumbrances.

3.210.43 Transfer to a Trust

1. If assets are transferred into a trust, the trust documents shall be submitted to the Colorado Department of Health Care Policy and Financing for review in accordance with the Medical Assistance manual, Section 8.110.52 (10 CCR 2505-10), to determine how the trust is to be considered for eligibility purposes. Eligibility shall not be determined until a response is received from the Department of Health Care Policy and Financing regarding the treatment of the trust. This provision does not apply to trust deposits for burial expenses.

3.210.44 Procedures for Determining Effect of a Transfer

1. For the purpose of determining the effect of a transfer without fair consideration in regard to an applicant's or recipient's eligibility for assistance, the following procedures shall be used:
   1. A. To determine the amount of the transfer without fair consideration, the uncompensated value of the resource must be determined. The uncompensated value is the difference between the value of a resource and the amount received by the applicant or recipient as a result of the disposal when the disposal was for less than fair market value.
   2. B. For adult category programs, such value transferred without fair consideration must be divided by the applicable amortization rate to determine the number of months that the transfer without fair consideration makes the applicant or recipient ineligible for assistance.

3.210.45 Amortization

1. The amortization rate shall be equal to the current standard of assistance for the program under which the applicant or recipient has applied, or has received assistance, plus the monthly medical care costs, including health insurance premiums that the applicant or recipient is responsible to pay.
   1. A. The amortization period shall begin on the first day of the first month of the transfer and extend through the last complete month of the calculation. Partial months shall be dropped from the calculation.
   2. B. There shall be no maximum period of ineligibility for the uncompensated value of the transfer.

3.210.46 Period of Ineligibility

1. When an applicant or recipient transfers assets without fair consideration, the county department shall determine the number of months of ineligibility as follows:
   1. A. Determine the actual value less encumbrances;
   2. B. Determine the current standard of assistance for the applicable program;
   3. C. Add any monthly medical costs, including health insurance premiums that the applicant or recipient is responsible to pay;
   4. D. Divide the transfer without consideration by the standard of assistance (plus any monthly medical costs) and drop any decimal places from the result;
   5. E. This equals the number of months of ineligibility;
   6. F. The period of ineligibility for financial assistance shall be equal to the total period resulting from dividing the uncompensated value of the transfer by the current standard of assistance.

3.210.47 Living Arrangements

1. If there has been a change in the applicant's or recipient's living arrangements since the date of transfer, the standard of assistance shall reflect the living arrangement applicable during the period of amortization. To determine the standard of assistance for an institutionalized applicant or recipient, see the SSI financial eligibility requirements section in the Colorado Department of Health Care Policy and Financing's Medical Assistance manual (10 CCR 2505-10).

3.210.48 Recalculation of Period of Ineligibility

1. Upon the request of any applicant or recipient who has been discontinued or denied assistance because of a transfer without fair consideration, the county department shall re-compute the amortization time period when there is a subsequent increase in the standard of assistance or in the applicant's or recipient's monthly medical care costs. The county shall notify the applicant or recipient of any change in the period of ineligibility.

3.210.49 Eligibility for Long-Term Care

1. To determine the effect of a transfer without fair consideration in regard to eligibility for long term medical assistance, refer to the Colorado Department of Health Care Policy and Financing's Medical Assistance manual (10 CCR 2505-10) section on SSI Financial Eligibility Requirements.

3.220 CONSIDERATION OF RESOURCES

3.220.1 COUNTABLE RESOURCES (Not applicable to Colorado Works)

3.220.11 Resource Limit

1. Unless otherwise specified, a resource is countable, and together with all other countable resources of the applicant, recipient, or family, must be considered against the applicable assistance program resource limit. The resource limit is $2,000 for an individual and $3,000 for a couple.

3.220.12 Definition

1. The "countable resources" include cash on hand or in a savings or checking account, and the equity value of:
   1. A. Real property not used as the home and not exempt as income producing;
   2. B. Personal property in the form of a mobile home, trailer, or the like, not used as the home and not exempt as income producing;
   3. C. One motor vehicle per couple is exempt if it is equipped for a handicapped person, it is used to obtain medical treatment, or it is used for employment; otherwise, exemption of a motor vehicle for the applicant's, recipient's, or couple's use is limited to the first $4,500 of the current market value of such vehicle;
   4. D. Stocks, bonds, and mutual fund shares;
   5. E. Mortgages, notes and similar properties that can be converted to cash;
   6. F. The total cash surrender value of life insurance policies that have a total original face value of more than $1,500 (not applicable to OAP);
   7. G. The amount of a prepaid revocable funeral contract or burial expense trust deposit in excess of $1,500, plus any interest accrued on the amount in excess of $1,500;
   8. H. The value of the burial space in excess of that required to meet the burial needs of the immediate family even if not living in the home (exemption applies to each member of the immediate family even if not living in the home);
   9. I. Cash benefits received as proceeds of fire or casualty insurance in excess of the expenses incurred to repair or replace property which was damaged, destroyed, lost, or stolen;
   10. J. Proceeds of a loan not expended to meet the purpose of the loan (considered a resource when such loan is a bona fide debt with a definite repayment schedule);
   11. K. Proceeds from sale of the home property which are in excess of expenses incurred to purchase or build a replacement home; proceeds from the sale of a property item other than the home;
   12. L. Any increase in the value of monies (or other non-exempt property acquired with such monies) received pursuant to the "Civil Liberties Act of 1988", P.L. No. 100-383, (by eligible persons of Japanese ancestry or certain specified survivors, and certain eligible Aleuts).

3.220.2 EXEMPT RESOURCES (Not applicable to Colorado Works)

3.220.21 Vehicle

1. One motor vehicle per couple is exempt if it is equipped for a handicapped person, it is used to obtain medical treatment, or it is used for employment; otherwise, exemption of a motor vehicle for the applicant's, recipient's, or couple's use is limited to the first $4500 of the current market value of such vehicle (not applicable to Colorado Works).

3.220.22 Household Goods and Personal Effects

1. Household goods and personal effects such as furnishings, appliances, and equipment used in the home, clothing, and personal jewelry with a total value of $2000 shall be exempt (not applicable to Colorado Works).

3.220.23 Home as Principal Place of Residence

1. A home is any property in which an applicant or recipient (and spouse, if any) has an ownership interest and which serves as the applicant's or recipient’s principal place of residence. This property includes the shelter in which an applicant or recipient resides, the land on which the residence is located, and related outbuildings.
   1. The home is not a countable resource regardless of its value. When there is an income producing property located on the home property, the income producing resource does not qualify under the home exemption unless assessed collectively with the home.

3.220.24 Absences from Home

1. Absences of the applicant, recipient or spouse from the home for trips, visits and hospitalizations, medical reasons or nursing home placements do not affect the home exemption as long as the applicant, recipient, or spouse intends to return home whether or not the applicant, recipient, or spouse actually returns home. An applicant or recipient individual who has been institutionalized for a period of six (6) months or more shall retain the principal place of residence as the home property, if the applicant or recipient intends to return to the exempted property for any reason. This intent to return home applies to the home the applicant, recipient or spouse was living in prior to being institutionalized or the replacement home as long as a spouse or dependent relative of the applicant or recipient continues to live there.
   1. Such intent is documented by the following:
   2. A. A written statement from the applicant or recipient of the intent to return home (even if to die); or B. A written statement from the applicant's or recipient's authorized representative of the applicant's or recipient's intent to return home.

      An absence of any duration is considered temporary so long as the applicant's or recipient's spouse or dependent relatives continue to live in the home. The case file shall contain a statement that the spouse or dependent relative continues to reside in the home, the relationship of the individuals, the basis of the dependency (e.g., financial, medical, etc.) and the reason for the absence therefrom.

      For the purpose of this section, a relative is defined as son, daughter, grandson, granddaughter, stepson, stepdaughter, in-laws, mother, father, stepmother, stepfather, half-sister, half-brother, niece, nephew, grandmother, grandfather, aunt, uncle, sister, brother, stepsister, and stepbrother. An arrangement by an applicant or recipient for occupancy of the home by another person, either on a rental basis, rent free, or in exchange for home maintenance, during a period of temporary absence shall not affect the home property exemption.

3.220.25 Absences for More than Six Months

1. In instances where an applicant's or recipient's absence from the home to a place other than a general medical institution is greater than six (6) months, the county department shall determine whether the recipient has established another principal place of residence. Only one residence at a time can be regarded as the principal place of residence. When evidence exists that the applicant or recipient has established a new place of residence, other than a medical institution, the county department shall obtain a signed statement indicating which of these is the applicant's or recipient's permanent residence and, if different from the exempted home property, when the applicant or recipient intends to return home. Sometimes a determination of principal place of residence is difficult to secure due to conflicting evidence. In these instances other sources shall be used to make a decision; such as voting address, tax return address, addresses for Social Security and Medicare benefits, physician's statement, guardian's statement, representative payee statement, or the applicant's or recipient's address on driver's license, car registration or checkbooks. The county department shall weigh the evidence secured from the above sources to determine the principal place of residence.

3.220.26 Change in Exemption of Principal Place of Residence

1. If an applicant's or recipient's home can no longer be excluded due to a change in an applicant's or recipient's principal place of residence, the equity value of the property must be counted as a resource in accordance with these rules.

3.220.3 PROPERTY ESSENTIAL TO SELF-SUPPORT (Not applicable to Colorado Works)

3.220.31 General Rule

1. Part or all of the value of property may be exempt if it is essential to the self-support of the applicant or recipient. The types of property eligible for this exemption are the following:
   1. A. Property used in a trade or business; or, B. Property which is used by the applicant or recipient as an employee; or, C. Non-business property used to produce goods or services necessary for the applicant's or recipient's daily activities; or, D. Non-business, income-producing property.

3.220.32 Property Used in a Trade or Business

1. If an applicant or recipient is currently engaged in a trade or business, none of the property that is used in that trade or business is a countable resource. This exemption is effective as of May 1, 1990.
   1. A. To be considered a valid trade or business, the activity must be (1) currently ongoing rather than in the stage of preparation or inactivity, and (2) intended to make a profit. An applicant or recipient who is engaged in a trade or business is self-employed.
   2. B. The liquid resources (e.g., cash, funds in a checking account) considered necessary for use in the trade or business shall not exceed three times the average monthly cash expenditure for operating the business, unless there is a documented need for a larger amount.

3.220.33 Property That is Used by the Applicant or Recipient as an Employee

1. The entire value of any property that is used by the applicant or recipient in connection with the applicant's or recipient's current employment by another (as opposed to self-employment in a trade or business) is not counted as a resource. Examples of such property include the tools of a tradesman, safety equipment, and uniforms, but do not include a motor vehicle which is used for transportation to and from work.

3.220.34 Non-business Property Used to Produce Goods or Services Necessary for the Applicant's or Recipient's Daily Activities A maximum of $6,000 of the equity value of such property is not counted as a resource. Any equity value in excess of $6,000 is a countable resource. Examples of this type of property include land which is used to produce vegetables or livestock only for personal consumption in the applicant's or recipient's household, and personal property necessary to perform daily functions (e.g., a garden tractor), but do not include motor vehicles, boats or other special vehicles.

3.220.35 Temporary Interruption in Use of Property

1. If property has been but is not currently in use for one of the purposes described in the three preceding sections, the exemption for such property shall continue for 12 months (24 months where nonuse is due to a disabling condition) if there is a reasonable expectation that the previous use of the property will resume within that time.

3.220.36 Non-Business, Income-Producing Property

1. If an applicant or recipient owns non-business, income-producing property, a maximum of $6,000 of the equity value of such property is an exempt resource, as long as the property produces a net annual income of at least 6% of the excluded equity. If the equity value of such income- producing, non-business property exceeds $6,000, only the equity value above $6,000 will be counted as a resource. If there is more than one potentially exempt property, the rate-of-return requirement applies individually to each. However, the total combined exemption for all such properties shall not exceed $6,000.
   1. A. "Non-business" means that the property is not used in a trade or business as defined in Section 3.220.32. Examples of non-business, income-producing property are houses or apartments for rent, and land other than home property.
   2. B. If non-business, income-producing property is not producing net income of at least 6% of the excluded equity, the entire equity value is counted as a resource. However, the exemption for up to $6,000 of the property's equity may continue if the property is earning less than 6% due to circumstances beyond the applicant's or recipient's control (e.g., crop failure, illness, etc.), and there is a reasonable expectation that, within 24 months, the property will again produce a 6% return.
   3. C. A permit, license, or other similar authority granted by a governmental agency to engage in an income-producing activity is not a countable resource.

3.220.37 Examination of Tax Records

1. In order to help determine whether property is currently being used in a trade or business, or whether property is producing income, obtain a copy of the most recent tax returns (form 1040 and appropriate schedules) from the applicant or recipient. If a return has not yet been filed, obtain a current estimate of income and a copy of the previous year's return.

3.220.4 PROPERTY REPLACEMENT EXEMPTIONS

3.220.41 Proceeds from Fire or Casualty Insurance

1. Proceeds from fire or casualty insurance shall be considered exempt to the extent that they are used to restore or replace an exempt resource. This exemption shall be allowed for up to 3 months for restoration or replacement of exempt personal property and 6 months for restoration or replacement of exempt real property.

3.220.42 Proceeds from Sale, Relocation, or Condemnation of Principal Place of Residence Proceeds from sale of the home property, relocation payments, or condemnation awards from a governmental agency shall be considered exempt to the extent that they are used to purchase or build a replacement home. This exemption is allowed for up to 6 months. Proceeds of a home sale are the net payments received by the seller after satisfaction of all actual encumbrances and sales expenses.

3.220.43 Time Limits

1. The time periods specified above begin with the date the applicant or recipient receives such proceeds.

3.220.44 Determination of Replacement Exemption

1. Establishing that the replacement exemption applies, and the time period for the exemption, requires:
   1. A. Obtaining appropriate documentation to verify the amount of proceeds and date they were received, and B. Verifying that the proceeds are to be used for restoration or replacement of exempt property by obtaining the applicant's or recipient's signed statement to that effect.

3.220.45 Verification of Restoration or Replacement

1. The applicant or recipient must be contacted upon the expiration of the allowable time period to verify that restoration or replacement has occurred. Restoration or replacement shall be considered to occur when payment for such is made or contracted in writing to be made.

3.220.46 Countable Proceeds

1. When the allowable time period ends, proceeds in excess of payments made or contracted to be made must be counted as a resource as of the month following the month in which the time period expired.

3.220.5 BURIAL CONTRACT OR TRUST DEPOSIT (Not applicable to Colorado Works)

3.220.51 Irrevocable Prepaid Contract or Irrevocable Trust for Burial Expenses

1. For the purpose of determining eligibility for financial assistance, an applicant or recipient may own an irrevocable prepaid contract for burial expense or, as an alternative, may set up an irrevocable trust for burial expense, without such contract or trust affecting the applicant's or recipient's eligibility for assistance. Irrevocable means that the contract cannot be terminated, sold, or transferred.

3.220.52 Irrevocable Prepaid Contract or Revocable Trust for Burial Expenses

1. For the purpose of determining eligibility for financial assistance, if an applicant or recipient, does not own an irrevocable funeral contract, the applicant or recipient may own a revocable prepaid contract or trust for burial expenses not to exceed $1,500. Such contract or trust does not affect the applicant's or recipient's eligibility for assistance. For the purpose of evaluating a prepaid revocable burial contract, the following shall apply:
   1. A. Only the paid-up amount of the contract, not the face value, is taken into consideration;
   2. B. The interest on the exempt $1,500 is also exempt;
   3. C. Revocable means that the contract can be terminated, sold, or transferred.

3.220.53 Determination of Exemption

1. For the purpose of evaluating a trust deposit for burial expense, the $1,500 exemption applies only when the trust:
   1. A. Is made with a federally insured bank or savings and loan association, or with a trust company under supervision of the State Banking Commissioner;
   2. B. Is revocable during the lifetime of the applicant or recipient and is to be paid by the trustee only upon death of the applicant or recipient for the purpose of burial expense; and, C. Provides for payment of the trust funds without limitation as to place of burial or provider of related services unless the trust was established prior to November 1966. In any case, however, the applicant or recipient is not precluded from indicating a preference as to place of burial or provider of related services.

3.220.54 Burial Spaces

1. The value of burial spaces required to meet the burial needs of the immediate family, even if not living in the home, are exempt. The immediate family includes the applicant's or recipient's spouse, minor and adult children, stepchildren, adopted children, brothers, sisters, parents, adoptive parents, and the spouses of those persons.

3.230 PROPERTY VALUATION

3.230.1 VALUE DETERMINATION

3.230.11 Documentation

1. The means and detail of value determination, including verification sources, must be entered on the Eligibility Review Record.

3.230.12 Sufficient Details

1. The applicant or recipient can usually supply all or most of the needed documentation. Entries on the review record of documentary information must be in sufficient detail so that the source document is accurately reflected and can be returned to the applicant or recipient for safekeeping.

3.230.13 Authorization to Contact a Collateral Source

1. The applicant's or recipient's authorization must always be obtained for the county department to contact a collateral source for valuation information or verification.

3.230.14 Right to Protest Determination

1. An applicant or recipient may protest any value determination made by the county department and may obtain another appraisal or valuation that must be considered; however, the responsibility for the decision on the value determination rests with the county department.

3.230.15 Verification

1. The current amount in a savings or checking account is determined by verifying the balance in the account:
   1. A. From a passbook or a copy of a current statement of the account, or B. With the bank, credit union, or savings and loan association by phone or in writing.

3.230.16 Authorization to Contact Additional Banks

1. A county department may selectively contact one or more local banks to establish whether an applicant or recipient has any bank account or has an account in addition to one declared. The applicant's or recipient's authorization must be obtained to make such contacts.

3.230.17 Disclosure of Safety Deposit Box Contents

1. An applicant or recipient must disclose the contents of a safety deposit box on request of the county department. The value of the contents is determined by obtaining any necessary valuations for countable items.

3.230.2 EQUITY VALUE OF REAL PROPERTY FOR OAP-A, OAP-B, AND, AB, AND AND/AB/SSI-CS

3.230.21 Definition

1. For OAP-A, OAP-B, AND, AB, and AND/AB/SSI-CS, equity value of real property means actual value less encumbrances (legal debts). To determine equity value, first determine actual value, then subtract the encumbrances as defined below.

3.230.22 Actual Value

1. Actual value of real property may be obtained by using the actual value reported by a county assessor or from the most recent property assessment notice. If the actual value is not on the assessment notice, it may be determined by dividing the assessed value, as shown on the property assessment notice, by the appropriate percentage value for residential or non-residential property as established by state law.
   1. The assessed value shall be verified: (1) from a copy of the most recent property assessment notice, or (2) with the county assessor's office by phone, personal contact, or in writing.

3.230.23 Encumbrances

1. Encumbrances include mortgages, liens, judgments, delinquent taxes, loan agreements, and other forms of indebtedness. Encumbrances must be verified. Only direct and documented encumbrances against a specific item or property shall be considered in determining its equity value. Verbal agreements of indebtedness shall not be accepted.

3.230.24 Determination of Equity Value of Mining Claims and Oil, Mineral or Water Rights The equity value of mining claims and oil, mineral or water rights, if assessed separately from land, is determined by using the equity value as defined above.

3.230.3 EQUITY VALUE OF PERSONAL PROPERTY

3.230.31 Property Used in Trade or Business

1. The actual value of any personal property which is assessed for taxation such as a mobile home, house trailer, or property used in a trade or business, is determined by using the actual value reported by a county assessor, or by obtaining a copy of the most recent property assessment notice. If the actual value is not on the assessment notice, the value may be determined by:
   1. A. Verifying the assessed valuation: (1) from a copy of the most recent property assessment notice, or (2) with the county assessor's office by phone, or other personal contact, or in writing, and B. Converting to actual value by dividing such assessed valuation by the percentage of valuation as determined by state law.
      1. When personal property valuation is necessary, and the usual means of valuation is not possible, the county department may use available local resources or the classified ad section of the local or other state newspaper to determine and verify the actual value. To determine the equity value of personal property, first determine the actual value, then subtract encumbrances as defined in section 3.230.23.

3.230.32 Appraised Value of Personal Property Not Assessed for Taxation

1. The actual value of any personal property which is not assessed for taxation is determined by obtaining the appraised value less liabilities, i.e., farm equipment and livestock, inventories of merchandise and materials.
   1. Except as specified in the succeeding paragraph, the actual value of automobiles and trucks is determined by using the "wholesale" (trade-in) value given in the current issue of a value guide publication, or a lesser value if verified by a statement from a reliable source.

3.230.33 Actual Value of Personal Property Not Assessed for Taxation

1. For personal property which has not been assessed for taxation and vehicles which are not listed in the value guide publication, the actual value is based on statements given by the applicant or recipient; except that, when reasonable doubt exists concerning the applicant's or recipient's stated value, the actual value is determined and based on:
   1. A. Assessment standards obtained from the State or county motor vehicle office or county assessor's office, or B. Valuation obtained from a local merchant or dealer.

3.230.4 SECURITIES AND OTHER FINANCIAL DOCUMENTS

3.230.41 Fair Market Value

1. The fair market value of stocks, mutual fund shares, municipal, corporate or government bonds, and other securities is based on the price as of the opening of the market on the date their value is determined by the county department. The market prices is obtained from the published quotations in daily newspapers or by contacting a local securities firm.

3.230.42 Valuation of Over-the-Counter Stocks

1. The value of stocks traded over-the-counter is expressed on a "bid" and "asked" basis. In such cases, the bid price is used to determine the market value.

3.230.43 Stocks or Securities With No Locally Determinable Value

1. When stocks or other securities have no locally determinable value, the market value is requested from the issuing company. The Office of the Secretary of State in each state will supply information as to whether the stock is still on the market, and the address of the issuing company.

3.230.44 U.S. Savings Bonds and Treasury Notes

1. The current cash value of U.S. Savings Bonds, Treasury Notes, and the like is determined from the value tables appearing on the bonds themselves or by contacting a local bank.

3.230.45 Failure to Sell

1. Failure to sell a mortgage, promissory note or similar property at the asking price or for a reasonable value does not exempt the resource. Under such circumstances, the county department must determine whether the property could be sold for two-thirds of the actual value. If the property can be sold at two-thirds of the actual value, that amount shall be counted as the value of the resource. Property that cannot be sold at two-thirds of the actual value shall be exempt from resource consideration in accordance with Section 3.210.15, C.

3.230.46 Refusal of Two-Thirds Offer

1. If the adult financial or Medicaid applicant or recipient receives an offer for at least two-thirds of the actual value and refuses to sell the property, the property shall not be exempted.

3.230.47 Right to Establish Lesser Value

1. The applicant or recipient shall have the right to submit evidence establishing a lesser property value. Such value may be established to be zero. The county department shall evaluate the evidence and redetermine the property value.

3.230.5 LIFE INSURANCE

3.230.51 Face and Cash Surrender Value

1. The owner of a life insurance policy is the only individual who can receive the proceeds under the cash surrender provisions of the policy. Life insurance policies owned by the applicant or recipient must be evaluated for original face value at the time of purchase and cash surrender value.

3.230.52 Types of Policies

1. Most term life insurance carries no cash surrender value. However, such policies should be reviewed to determine if a cash surrender value exists. The following types of life insurance carry a cash surrender value:
   1. A. Whole life, also known as ordinary life or straight life;
   2. B. Limited payment life; and, C. Endowment.

3.230.53 Cash Surrender Value of Whole Life Policies

1. Whole life insurance policies have a cash surrender value usually after the second year.

3.230.54 Calculation of Cash Surrender Value

1. Most insurance policies that permit cashing-in have a section explaining the option and a table of values that are payable. The cash surrender value may be figured by using the table value as of the last anniversary date.

3.230.55 Obtaining Written Valuation

1. When the insurance policy does not provide needed information, or the owner has borrowed on the policy, the policy has lapsed or the status of the policy is otherwise in question, information regarding any current cash surrender value which may affect eligibility must be obtained by writing to the insurance company.

3.230.56 Determining Original Face Value

1. The original face value of a policy may be increased because of dividends and reinvestment of dividends. This increased face value is not used to determine eligibility. The original face value of the policy is the figure to be used to determine if the cash surrender value of the policy is exempt.

3.240 INCOME PROVISIONS

3.240.1 DETERMINING MONTHLY INCOME (Not applicable to Colorado Works)

3.240.11 Definition

1. "Income", in general, is the receipt by an applicant or recipient of a gain or benefit in cash or in- kind during a calendar month.

3.240.12 In-Kind Income

1. In-kind income must be something of value received for the applicant's or recipient's own benefit in providing the basic requirements of food, shelter, utilities, clothing and other needs as specified under the standards of assistance.

3.240.13 Income Counted in Month Received

1. Income of an applicant or recipient shall be counted as income in the month it is received or is expected to be received, unless the income is averaged or prorated as provided in a subsequent paragraph of this section.

3.240.14 When Income is Received

1. "Received", as is used in the preceding paragraphs, means "actually" received or legally becomes available, whichever occurs first; that is, the point at which the income first is available to the applicant or recipient to use.

3.240.15 Anticipated Income

1. Income which can be anticipated with reasonable certainty concerning the amount and month in which it is to be received shall be counted.

3.240.16 Expected Monthly Income

1. Generally, the expected monthly income amount is based on the income received in a previous month; except that, when the previous month does not provide an accurate indication of anticipated income, or under circumstances as specified below, a different period of time may be applicable:
   1. A. For new or changed income, a period shorter than a month may be used to arrive at a projected monthly amount;
   2. B. For contract employment in cases, such as in some school systems, where the employees derive their annual income in a period shorter than a yea, the income shall be prorated over the term of the contract, provided that the income from the contract is not earned on an hourly or piecework basis;
   3. C. For regularly received self-employment income, net earnings will usually be prorated and counted as received in a three (3) month period, except for farm income. For further information see section on self-employment under countable earned income.
   4. D. For all other cases where receipt of income is reasonably certain but the monthly amount is expected to fluctuate a period of 12 months shall be used to arrive at an average monthly amount;
   5. E. For income from rental property to be considered as self-employment income the recipient must actively manage the property at least an average of 20 hours per week. Income from rental property will be considered as unearned income if the applicant or recipient is not actively managing the property an average of at least 20 hours per week. Rental income, as self-employment or as unearned income, shall be averaged over a 12 month period to determine monthly income. Income from jointly owned property must be considered as a percentage at least equal to the percentage of ownership or, if receiving more than percentage of ownership, the actual amount received;
   6. F. For cases where a change in the monthly income amount can be anticipated with reasonable certainty, such as with Social Security cost-of-living increases, or other similar benefit increases, the expected amount shall be considered in arriving at countable monthly income for the month received.

3.240.2 FINANCIAL RESPONSIBILITY OF RELATIVES (Not applicable to Colorado Works)

3.240.21 Family Groups

1. In family groups living together, income of one spouse is considered available for the other spouse and income of a parent (or spouse of a parent) is considered available for unemancipated children except that, if a spouse or parent is receiving assistance under another category of public assistance, SSI benefits, or medical assistance, the income shall not be considered as available to the other spouse or to the children.
   1. For the purposes of this rule, "unemancipated child" means (1) a child under age 18 who is living in the same household with a parent or spouse of a parent, or (2) a child under age 21 who is living in the same household with a parent or spouse of a parent, if the child is regularly attending a school, college, or university, or is receiving technical training designed to prepare the child for gainful employment.

3.240.22 Non-Recipient Spouse (NRS)

1. Non-recipient Spouse Income (NRSI) consists of all countable earned and unearned income received by the non-recipient spouse. Non- recipient Parental Income (NRPI) consists of all countable earned and unearned income received by the non-recipient parent and the spouse of the non-recipient parent.

3.240.23 NRS Income Determination

1. For the purpose of determining the amount of income available to a spouse or unemancipated child who is an applicant or recipient, the countable earned income of the non-recipient spouse (NRS), non-recipient parent (NRP), or non-recipient spouse of a NRP, shall be computed monthly as follows:
   1. A. Determine the amount of gross earned income. From this amount, deduct $65 plus one/half (1/2). The remainder is the amount of earned income deemed to the applicant or recipient.
   2. B. The remainder (after the above deductions) shall be considered income to the applicant or recipient and shall be deducted, together with any other income, from the grant of the applicant or recipient.
   3. C. When there is a categorical change of assistance to the recipient, the NRSI or NRPI shall be recomputed.

3.240.24 Determination of Available Income to Spouse and Unemancipated Child

1. For the purpose of determining the amount of income available to a spouse or unemancipated child who is an applicant or recipient, the countable unearned income of the NRS, NRP, or non- recipient spouse of a NRP, shall be computed monthly as follows:
   1. A. Determine the total amount of unearned income of the non-recipient spouse or NRP;
   2. B. Deduct, for the needs of the NRS or NRP, an amount equal to the standard of assistance for the category of assistance being applied for or being received by the applicant or recipient;
   3. C. Deduct an amount to meet the needs of dependent children of the NRS or NRP equal to one/half the maximum SSI individual benefit level less the dependent child(ren)'s own income;
   4. D. Deduct any medical care payments by the NRS or NRP for the NRS or NRP or his/her dependents which are not covered by Medicare, Medicaid, or other health programs;
   5. E. With the exception of garnishment, deduct any amount of obligation of the NRS or NRP due to orders of judgment or for support by a court.

      The remainder (after the above deductions) shall be considered income to the applicant or recipient and shall be deducted, together with any other income, from the grant of the applicant or recipient.

      When there is a categorical change of assistance to the recipient, the NRSI or NRPI shall be recomputed.

3.240.25 Earned and Unearned Income

1. When the NRS, NRP, or non-recipient spouse of a NRP, has income consisting of both countable earned and unearned income the countable earned income shall have the $65 deduction, then the remainder is divided in half (1/2). The unearned income shall have the appropriate unearned income disregard applied. Add the earned and unearned income remainders together; this total is the amount of deemed income to the applicant or recipient.

3.240.26 Income Greater Than the Assistance Grant

1. If the NRSI or NRPI is greater than the assistance grant or is greater when added to the applicant or recipient's other income, the applicant or recipient shall be determined ineligible.

3.240.27 Dispute in Calculation of Attributable Income

1. If an applicant or recipient disagrees with the amount determined to be attributable as income or alleges that such income actually is not available, the county department shall:
   1. A. In the instance of disputed amount attributable as income request the applicant or recipient to provide documentation that the amount used in the non-recipient spouse income computation is incorrect. If such documentation established that an incorrect computation has taken place an immediate correction and adjustment shall be made;
   2. B. In the instance of allegation that attributable income from the non-recipient spouse actually is not being received, the county department shall undertake a determination of the facts. If it is verified that the allegation is, in fact, true, the non-recipient spouse income deduction shall be suspended while corrective actions to assure such receipt are being sought or implemented. The case shall be referred to the county attorney for corrective action.

3.240.3 DISTINGUISHING EARNED INCOME FROM UNEARNED INCOME (Not applicable to

1. Colorado Works)

3.240.31 Definitions

1. To distinguish earned income from unearned income to determine which income exemptions, disregards, and/or deductions apply:
   1. A. "Earned income" means payment in cash or in kind received by an applicant or recipient for services performed as an employee or as a result of the applicant or recipient being engaged in self-employment;
   2. B. "Unearned income" means any income that is not earned through employment or self- employment.

3.240.4 NET DEDUCTIBLE EARNED INCOME (NDEI)

3.240.41 For the purpose of grant determination the countable earned income is referred to as the Net Deductible Earned Income (NDEI). The NDEI is the result of subtracting applicable earned income disregards from gross earned income.

3.250 CONSIDERATION OF INCOME

3.250.1 COUNTABLE EARNED INCOME

3.250.11 Consideration Against Assistance Program Standard

1. Unless otherwise specified, any earned income is countable and the applicable net deductible earned income amount (NDEI) together with all other countable income of the applicant, recipient, or family must be considered against the applicable assistance program standard. The procedure for such consideration in relation to standards of assistance are specified in the chapters covering the different programs.

3.250.12 Determining the Net Deductible Earned Income (NDEI)

1. The amount of wages, salaries, or commissions available to the applicant/recipient after the applicable disregards is the net deductible earned income (NDEI).
   1. A. Wages, salaries, and commissions mean all payments for services as an employee, or money payments obligated to the employee and diverted to a third party for the employee's household or other expenses.
   2. B. Wages that are being garnished by a court order are classified as earned income.
   3. C. With the exception of contract employment, wages which are paid to an employee for a period for which services were rendered must be counted as earned when paid rather than when earned, except that wages held at the request of the employee are considered income in the month they would otherwise have been paid.

3.250.13 Self-Employment

1. An individual involved in a profit making activity shall be classified as self-employed.
   1. A. To determine the net profit of a self-employed applicant or recipient deduct the cost of doing business from the gross income.
      1. 1. These expenses include, but are not limited to, the rent of business premises, wholesale cost of merchandise, utilities, interest, taxes, labor, and upkeep of necessary equipment.
      2. 2. Depreciation of equipment shall not be considered as a business expense.
      3. 3. The cost of and payments on the principal of loans for capital assets or durable goods shall not be considered as a business expense.
      4. 4. Personal expenses such as personal income tax payments, lunches, and transportation to and from work are not business expenses, and are included in the applicable earned income disregards computation.
   2. B. Appropriate allowances for cost of doing business for applicants or recipients who are licensed, certified or approved day care providers are (1) for the first child for whom day care is provided, deduct $55 and (2) for each additional child deduct $22. If the applicant or recipient can document a cost of doing business which is greater than the amounts above set forth, the procedure described in A-1, shall be used.
   3. C. The resultant net profit amount, secured after the appropriate deductions described above, shall be treated as set forth in the OAP, AB/AND, or Colorado Works chapters concerning earned income.

3.250.14 Irregular Receipt of Self-Employment Income

1. Irregular receipt of self-employment income shall be averaged over a 12 month period. All self- employment income of Colorado Works applicants or recipients shall be considered income in the month received.

3.250.15 Other Types of Self-Employment Income

1. Some different types of self-employment income and how considered include, but are not limited to, the following:
   1. A. Farm Income - shall be considered on a yearly basis. Net income for the prior year shall be determined and averaged for the succeeding year. When an applicant or recipient ceases to farm, the income is no longer deducted.
   2. B. Rental income - shall be considered as self-employment income only if the applicant or recipient actively manages the property at least an average of 20 hours per week. Rental income shall be averaged over a 12 month period to determine monthly income.
   3. C. Board (to provide a person with regular meals only) payments shall be considered earned income in the month received to the extent that the board payment exceeds the maximum food stamp allotment for a one-person household per boarder and other documentable expenses directly related to provision of board.
   4. D. Room (to provide a person with lodging only) payments shall be considered earned income in the month received to the extent that the room payment exceeds documentable expenses directly related to the provision of the room.
   5. E. Room and board payments shall be considered earned income in the month received to the extent that the payment for room and board exceeds the food stamp allotment for a one- person household per room and boarder and documentable expenses directly related to the provision of room and board.

3.250.16 Donated Services

1. A. Donated in-kind countable earned income shall be defined as services donated without pay by an applicant or recipient that:
   1. 1. Is regular and for a specific time period;
      1. 2. Is a necessary service; and 3. If not performed by the applicant or recipient someone would have to be hired to perform the service.
   2. B. If donated services meet these requirements, the value of these services is determined by:
      1. 1. The going rate in the community; or, 2. From two employers of like services.
   3. C. The applicant or recipient shall be informed that the continuation of donation of services will result in an income deduction from the assistance grant after all applicable earned income disregards have been applied.

3.250.17 In-Kind Income in Exchange for Employment

1. In-kind income received in exchange for employment is employment income and shall have the appropriate earned income disregards applied to the total value of the income. The amount considered as earned income when an applicant or recipient is paid in-kind is the value of the item supplied. The current market value of the item is used if the value of the item is not provided.

3.250.2 COUNTABLE UNEARNED INCOME

3.250.21 Consideration Against Assistance Program Standard

1. Unless otherwise specified, any unearned income is countable and together with all other countable income of the applicant, recipient, or family must be considered against the applicable assistance program need and/or grant standards specified in the chapters covering the different programs.

3.250.22 In-Kind Support and Maintenance (ISM)

1. For certain applicants or recipients receiving OAP, AB/SSI-CS, or AND/SSI-CS and not paying their fair share of housing costs, an In-kind Support and Maintenance (ISM) amount must be determined and counted as unearned income. The maximum amount of ISM to be charged to the applicant or recipient shall not exceed the applicable amount of the shelter and utility component as described in the OAP or AND/AB/SSI-CS grant standards. This component is adjusted annually. The ISM provisions do not apply to the following for an applicant or recipient:
   1. A. Residing in and owning their own homes;
   2. B. Residing in subsidized housing;
   3. C. Receiving state AND or State AB;
   4. D. Receiving Colorado Works;
   5. E. With a life estate established on their homes;
   6. F. Considered to be boarders; or, G. Considered to be homeless.

3.250.221 Shelter Costs

1. Shelter costs of an applicant or recipient who is renting must be equal to the going rate in the community for the applicant or recipient to receive the full amount of the shelter component. If the applicant's or recipient's monthly shelter costs equal or exceed the current maximum amount established for the shelter component, no further action is necessary and no reduction shall be made in the applicant's or recipient's assistance grant. If the applicant's or recipient's monthly shelter costs are less than the current maximum amount established for the shelter component, a determination of In-kind Support and Maintenance must be made. To determine if the ISM provision must be applied, the county department must apply the following steps:
   1. A. Determine the current market rental value of the property. This is the amount the provider would charge if the dwelling was rented on the local open market. Included in this amount may be items such as the amount the household pays for mortgage payments, real property taxes or rent, heating fuel, gas, electricity, water, sewage and garbage collection.
   2. B. Determine monthly shelter costs and ISM, if applicable.
      1. 1. If an applicant or recipient lives alone and pays rent, monthly shelter costs are defined as the rent payment plus any or all of the following components: mortgage payments, real property taxes or rent, heating fuel, gas, electricity, water, sewage and garbage collection. This amount is then compared with the current market value to determine if ISM is applicable.
         1. If the applicant's or recipient's monthly shelter costs are more or less than the current market value, the amount of ISM shall be determined as follows:
         2. a. If the applicant or recipient is paying shelter costs less than the current market value, then the amount the i applicant or recipient is actually paying is subtracted from the maximum ISM that is in effect. The result is counted as unearned income to the applicant or recipient. If the result of the subtraction is a negative number, then no ISM is applicable and no reduction shall be made in the applicant's or recipient's assistance grant.
         3. b. If the applicant or recipient is paying shelter costs more than the current market value, then no further action is necessary and no reduction shall be made in the applicant's or recipient's assistance grant.
      2. 2. If an applicant or recipient is living with others, monthly shelter costs are defined as the applicant's or recipient's equal or fair share of the total household expenses. The monthly shelter costs, including any of the components listed above, are divided by the number of individuals in the household, including children. This amount is the applicant's or recipient's fair share of the monthly shelter costs.
         1. a. If the applicant or recipient who is living with others is paying less than applicant or recipient fair share, then the amount the applicant or recipient is actually paying is subtracted from the applicant or recipient fair share amount. The result is counted as unearned income to the applicant or recipient.
         2. b. If the applicant or recipient is paying an amount equal to or more than the fair share, no ISM is applicable.
   3. C. If the applicant or recipient is paying no shelter costs, and all shelter costs are supplied in full, then the maximum ISM amount in effect at the time is counted as unearned income to the applicant or recipient.
   4. D. An applicant or recipient may appeal the county department's determination of ISM in accordance with the regulations governing appeals in this manual.

3.250.222 In-Kind Items Other Than Shelter

1. In kind items, other than shelter and utilities, supplied in full at no cost to the applicant or recipient shall be considered as unearned income to the extent of the amount specified in the grant standard for that component item.

3.250.23 Countable Unearned Income

1. Countable unearned income includes but is not limited to the following, as well as other payments, from any source whatever, which can be construed to be a gain or benefit to the applicant or recipient and which are not earned income:
   1. A. Inheritance, gifts, and prizes;
   2. B. Dividends and interest received on savings bonds, leases, etc.;
   3. C. Income from rental property is considered as unearned income where the applicant or recipient is not actively managing the property on an average of at least 20 hours a week. Rental income is countable to the extent it exceeds allowable expenses. Allowable expenses are maintenance, taxes, management fees, interest on mortgage, and utilities paid, and do not include the purchase of the rental property and payments on the principal of loans for rental property.
   4. D. Support and alimony payments; specific instructions for treatment of support in regard to Colorado Works assistance are contained in the Colorado Works program chapter, in the section on "Support";
   5. E. Educational loans and grants which are not exempt; the countable amount, after deduction of expenses necessary for school attendance, must be prorated over the period of months intended to be covered by the loan or grant; specific instructions for determining the countable amount are contained in the section on "Educational Loans and Grants";
   6. F. VA educational assistance (G.I. Bill) payments or any other benefits which are conditional upon school attendance are income to the extent that they exceed expenses necessary for school attendance; specific instructions for determining the countable amount are contained in the section on "Educational Loans and Grants";
   7. G. Proceeds of a life insurance policy to the extent that they exceed the amount expended by the beneficiary for the purpose of the insured recipient's last illness and burial which are not covered by other benefits;
   8. H. Proceeds of a health insurance policy or personal injury lawsuit to the extent that they exceed the amount to be expended or required to be expended for medical care;
   9. I. Strike benefits;
   10. J. Income from jointly owned property - in a percentage at least equal to the percentage of ownership or, if receiving more than percentage of ownership, the actual amount received;
   11. K. Lease bonuses (oil or mineral) received by the lessor as an inducement to lease land for exploration are income in the month received;
   12. L. Oil or mineral royalties received by the lessor are income in the month received;
   13. M. Stepparent and aliens' sponsors' attributable income for Colorado Works cases;
   14. N. (Not applicable to Colorado Works) OASDI or SSI benefits received by an applicant or recipient shall be considered income in the month received.
   15. O. income derived from monies (or other property acquired with such monies) received pursuant to the "Civil Liberties Act of 1988", P.L. 100-383, (by eligible persons of Japanese ancestry or certain specified survivors, and certain eligible Aleuts).
   16. P. Amounts withheld from unearned income because of a garnishment are countable as unearned income.

3.250.24 Lump Sum Payments to SSI Recipients

1. SSI recipients who receive a lump sum payment shall not lose medical benefits, but a recovery shall be established for financial assistance received in the month the lump sum payment is also received.
   1. A recovery of financial and medical benefits shall be established for OAP-A and OAP-B recipients if the lump sum payment is received too late in the month to adjust the assistance paid to the recipient. A recovery shall be established in accordance with the rules found in the recovery of overpayments section of this manual.

3.250.25 Periodic Payments

1. The following types of periodic payments are among those included in countable unearned income:
   1. A. Annuities - payments calculated on an annual basis which are in the nature of returns on prior payments or services; they may be received from any source;
   2. B. Pension or retirement payments - payments to an applicant or recipient following retirement from employment, such payments may be made by a former employer or from any insurance or other public or private fund;
   3. C. Disability or survivor's benefits - payment to an applicant or recipient who has suffered injury or impairment, or, to such applicant's or recipient's dependents or survivors; such payments may be made by an employer or from any insurance or other public or private fund;
   4. D. Worker's Compensation payments - payments awarded under federal and state law to an injured employee or to such employee's dependents; amounts included in such awards for medical, legal, or related expenses incurred by an applicant or recipient in connection with such claim are deducted in determining the amount of countable unearned income;
   5. E. Veteran compensation and pension - payments based on service in the armed forces; such payments may be made by the U.S. Veterans Administration, another country, a state or local government, or other organization. Any portion of a VA pension which is paid to a veteran for support of a dependent shall be considered countable unearned income to the dependent rather than the veteran.
   6. F. Unemployment Compensation - payments in the nature of insurance for which one qualifies by reason of having been employed and which are financed by contributions made to a fund during periods of employment;
   7. G. Railroad retirement payments - payments, such as sick pay, annuities, pensions, and unemployment insurance benefits, which are paid by the Railroad Retirement Board
      1. (RRB) to an applicant or recipient who is or was a railroad worker, or to such worker's dependents or survivors;
   8. H. Social Security benefits - old age (or retirement), survivors and disability insurance payments (OASDI or RSDI) made by the Social Security Administration; also included are special payments at age 72 (Prouty benefits) and Black Lung benefits;
   9. I. Supplemental Security Income (SSI) - public assistance payments made by the Social Security Administration to an applicant or recipient age 65 or older, or who is blind or disabled; such payments are considered in accordance with requirements specified in the applicable assistance program chapter;
   10. J. Child Support Income - payments made by absent parents for the support of children in a Colorado Works assistance unit shall be considered in accordance with the Colorado Works financial eligibility and payment rules. Child support paid the family by the Child Support Enforcement Unit shall be considered countable unearned income.

3.250.251 Supplementary Medical Insurance Benefits (SMIB)

1. Social Security "Medicare" supplementary medical insurance benefit is a voluntary program, therefore the full Social Security award amount is counted as income to determine eligibility and to determine the amount of financial assistance to the applicant or recipient. The lump sum SMIB refund received by the "buy-in" recipient is exempt income as the applicant or recipient has previously been charged with that income.

3.250.26 Trusts

1. A trust which benefits a Financial/Medicaid applicant or recipient shall be submitted to the State Department of Health Care Policy and Financing for determination as income or resources in accordance with the Department of Heath Care Policy and Financing Manual, Section 8.110.52 (10 CCR 2505-10).

3.250.27 Military Allotment

1. A military allotment received on behalf of an applicant or recipient for those individuals included in the budget unit shall be considered as income in the month received. The military allotment received by the non-recipient spouse, parent, or stepparent on behalf of individuals not in the assistance unit shall be considered as income in the month received to the extent that such income exceeds the need standard concerning those persons not in the budget unit.

3.250.28 Life Care Agreement

1. A life care agreement is an estate planning procedure where the applicant or recipient transfers real property to another individual but retains the right of occupancy and income from this property during the applicant's or recipient's lifetime. If the applicant or recipient's shelter is being provided in full, the shelter component shall be deducted from the assistance grant. This deduction shall not exceed the shelter component.

3.250.29 Congregate Home

1. An applicant or recipient may purchase occupancy in a church sponsored, non-profit congregate home for the aged or individual private owner home. If the applicant's or recipient's shelter is being provided in full in such an arrangement, the amount of the shelter component shall be deducted as income from the grant.

3.250.3 EXEMPT INCOME

3.250.31 Income Taxes

1. Since income taxes are included when determining the amount of countable income of an applicant or recipient, a refund of such taxes shall not be counted as income in the month received. Any amount retained into the following month is counted as a resource. The Earned Income Tax Credit (EIC) shall be exempt as a resource for the month in which the EIC payment is received and for the following month.

3.250.32 Third Party Payments

1. The value of any third-party payment for medical care or social services paid on behalf of an applicant or recipient shall be exempt. This exemption also applies to room and board furnished during medical confinement and paid for by a third party.

3.250.33 Emergency Assistance

1. Emergency Assistance other than home energy assistance received on a one time basis in cash or in kind from other agencies and organizations shall be exempt; except that, standards of assistance components which are supplied in full, free of any cost to an applicant or recipient are countable in an amount equal to the standard for the supplied component.

3.250.34 Energy Assistance

1. Home energy assistance granted to an applicant or recipient by a private non-profit organization or home energy supplier, whether in kind, by voucher, or vendor payment, is exempt income even if it duplicates the utilities standard component in full.

3.250.35 Personal Care and Home Care

1. Personal care or home care allowances paid to a recipient or non-recipient spouse, parent, stepparent or child, from a federal, state or local government program for in-home supportive servicing (attendant, chore, housekeeping) shall be exempt as income in determining the amount of attributable non-recipient spouse, non-recipient parent or non-recipient stepparent income. However, it shall be classified as employment income in determining the attendant's own eligibility for assistance.

3.250.36 VA Aid and Attendance

1. VA Aid and Attendance may be paid to qualified veterans in addition to their regular VA benefit. VA Aid and Attendance is exempt income to the applicant or recipient to determine eligibility for public assistance in the applicant's or recipient’s own home, if used for medical supplies and medical or attendant care not covered by Medicare or Medicaid, or other health insurance programs. The remainder is deducted from the assistance grant. (Amounts for attendant care are treated in the same manner as specified in the preceding paragraph.)

3.250.37 General Assistance

1. General Assistance granted to an applicant/recipient by the county department prior to or as a supplement to categorical assistance is exempt income, except as it duplicates the full component item in the standards. That duplicate component item may be recovered following the recovery regulations found in the Administrative Procedures section of this staff manual.

3.250.4 EDUCATIONAL LOANS AND GRANTS

3.250.41 Loans/Grants Administered by The U.S. Commissioner of Education

1. Any undergraduate loan or grant issued and administered by the U.S. Commissioner of Education is exempt income. Some of these grants are:
   1. A. Basic Education Grant (PELL);
   2. B. Secondary Educational Opportunity Grant (SEOG);
   3. C. National Direct Student Loans (NDSL);
   4. D. Guaranteed Student Loans (GSL); and, E. State Student Incentive Grants (SSIG).

3.250.42 Undergraduate "Need-Based" Student Aid Grants, Loans, Fellowships, and Work Study Grants Undergraduate "need-based" student aid grants, loans, fellowships, and work study grants issued via the school's financial aid office are exempt income. "Need-based" grants consist of computing the student's total needs less income and available resources (including assistance grants). Scholarships given to individuals for education or training are exempt for Colorado Works eligibility determination.

3.250.43 Bureau of Indian Affairs

1. Bureau of Indian Affairs educational grants (BIA) to students are exempt income and may be issued in lieu of other exempt educational grants.

3.250.44 Determining Exempt Status

1. To determine the exempt status of an educational allowance inquiry of the school's financial officer is used to determine if the grant is:
   1. A. Made to an undergraduate student;
   2. B. Made or insured by the U.S. Commissioner of Education;
   3. C. Made as a part of a "need-based" package;
   4. D. Made by the BIA.

3.250.45 Consideration of Other Grants/Loans

1. All graduate student grants/loans and undergraduate grant/loans not previously disregarded are considered as follows:
   1. A. If the grant/loan conditions specify its use is for educational expenses only, it is considered exempt;
   2. B. If the grant/loan does not specify use of funds, allow any educational expenses (including child care if not available through Title XX) as exemptions. The remainder is considered as income and deducted from the assistance grant for the period of time covered by the grant/loan;
   3. C. If the grant/loan supplies a component item in full, that component item shall be deducted from the grant.

3.250.46 Work Study Income

1. "Work Study" income that exceeds the "need-based" grant is earned income in the month received.

3.300 OLD AGE PENSION (OAP) PROGRAM DEFINITIONS AND REQUIREMENTS

3.300.1 GROUPS ASSISTED UNDER THE OAP PROGRAM

3.300.11 Minimum Age

1. The OAP program provides financial and medical assistance to an eligible applicant or recipient who has attained a minimum age of sixty years or more.

3.300.12 Definition

1. An eligible applicant or recipient shall mean one whose resources are below the State Department resource limit and whose income is below the basic minimum award of one hundred dollars monthly as adjusted by the State Board of Human Services due to change of living costs.

3.300.13 OAP-A or OAP-B Designation

1. An applicant or recipient who has attained a minimum age of sixty-five years or more shall be designated OAP-“A” " for identification purposes. An applicant or recipient who has attained the age of sixty years but has not reached the age of sixty-five years shall be designated OAP-"B" for identification purposes.

3.300.14 Eligibility

1. To receive OAP assistance, an eligible An applicant or recipient shall:
   1. A. Be a citizen of the United States or be a qualified alien or legal immigrant as described in the “General Requirements” section of this manual on “Citizenship and Alien Status” ; and, B. Be a resident of Colorado; and, C. Not be receiving financial assistance from another OAP grant and not be a member of an assistance unit which receives Colorado Works; and, D. Not be an inmate of a public institution except as a patient in a public medical institution; and, E. Not be a patient of any institution admitted for tuberculosis or mental disease. This provision shall apply only to OAP "A" and OAP "B."

3.300.15 Medical Benefits

1. A recipient of OAP-A or OAP-B financial assistance may be eligible to receive medical benefits from:
   1. A. Medicaid - recipient meeting the categorical eligibility criteria; or, B. The Old Age Pension Health Care Program which is subject to available appropriations. A recipient must meet the eligibility criteria as defined in the rules of the Colorado Department of Health Care Policy and Financing (10 CCR 2505-10). County workers will ensure the State Department's prescribed automated systems reflect the appropriate program.

3.300.16 Application Process

1. An Old Age Pension applicant, who may be eligible, must apply for Supplemental Security Income and Social Security benefits as part of the application process. The applicant must comply with any referrals made by the county department unless good cause is provided. Good cause is defined as follows:
   1. A. Income is over the maximum allowed for SSI for an individual or a couple; or, B. Resources exceed that allowed for SSI; or, C. Applicant or recipient is not disabled as defined in Section 3.400.25 of this manual; or, D. Extenuating circumstances as determined by the State OAP/SSI coordinator.

3.300.17 State OAP/SSI Coordinator

1. A State OAP/SSI coordinator shall be available to assist the applicant or recipient in the SSI application process. The State OAP/SSI coordinator will assist the OAP-A and OAP-B applicant to obtain necessary information or verification needed to determine eligibility. The State OAP/SSI coordinator will communicate with the county department and Social Security Administration to ensure the SSI applicant or recipient is following through with the application and appeal process if applicable. The OAP applicant or recipient must apply for, and follow through with, the SSI/SSA application and appeals process to be or remain eligible for an OAP financial payment.

3.300.2 OAP ELIGIBILITY CRITERIA

3.300.21 OAP-A

1. OAP "A" applicant shall be a minimum age of sixty-five years or more by the time verification of eligibility is completed.

3.300.22 OAP-B

1. An OAP "B" applicant shall be a minimum age of sixty years but have not reached the age of sixty-five years by the time verification of eligibility is completed.

3.300.23 Attainment of Age 65

1. An OAP "B" recipient who reaches the age of sixty-five years on any day in a month shall be changed to OAP "A" for that month.

3.300.3 ESTABLISHING THE FACTS OF ELIGIBILITY

3.300.31 [Rev. eff. 9/1/06]

1. The county department shall establish that an applicant meets the age eligibility criteria by viewing the records or documents presented by the applicant to support the age stated and by recording the source of verification and type of documents viewed on the application form. Acceptable verification of age shall include, but not be limited to:
   1. A. One of the following valid government issued documents or identification:
      1. 1. Birth certificate;
      2. 2. Valid Colorado state identification or driver's license;
      3. 3. Valid out of state identification or driver’s license;
      4. 4. Naturalization, immigration, and passport papers;
      5. 5. Legal documents from Vital Statistics; or, 6. Social Security information (SOLQ, SVES, SDX, and BENDEX).
   2. B. Two or more of the following documents:
      1. 1. School records;
      2. 2. Baptismal certificates or other well documented church records;
      3. 3. Family Bible or other well documented family records of birth;
      4. 4. Voting records;
      5. 5. United States census records.

3.350 OLD AGE PENSION (OAP) PROCESSING STANDARDS AND PAYMENT POLICIES

3.350.1 OLD AGE PENSION (OAP) APPLICATION PROCESSING STANDARDS [Rev. eff. 9/1/06] A face-to-face interview is mandatory when applying for Old Age Pension with the following exception: a telephone, mail in, or home visit shall be available for individuals that are disabled who cannot travel to the application site or for whom such travel would create a significant physical, medical, or mental hardship.

3.350.11 Processing Time Requirement

1. Action to approve or deny an Old Age Pension application shall be taken within 45 calendar days from the date of receipt of a completed and signed application. Action shall mean that the notice is hand-delivered or mailed to the applicant on the State Department's prescribed form.

3.350.12 Delay in Processing Time

1. When an application is not processed within 45 days, a notice shall be sent to the applicant informing the applicant of the reason for the delay and of the applicant's right to appeal for a fair hearing if dissatisfied with the delay.

3.350.13 Social Security Number

1. When an applicant is not able to furnish a Social Security Number but has complied with the requirement to apply for the number, the time required for issuance or securing verification of the number shall not be used as a basis for delaying action on the application.

3.350.14 OAP-A and OAP-B Referral for Social Security or Supplemental Security Income Benefits An Old Age Pension-A (OAP-A) and Old Age Pension-B (OAP-B) applicant or recipient who may be eligible for Supplemental Security Income (SSI) or any Social Security benefits shall be referred to the Social Security Office. An applicant is required to submit proof of application to the county department within 10 calendar days. The applicant shall be advised Supplemental Security Income (SSI) and Social Security benefits are components of the eligibility criteria and that the Old Age Pension application or redetermination shall be discontinued if the applicant fails to provide the appropriate verification of a current SSI/SSA application or appeal. The applicant shall be advised that the SSI/SSA application must be completed prior to the approval of Old Age Pension benefits. To complete the SSI/SSA application process the applicant must:

1. A. Contact the Social Security Office to set an appointment to apply for Supplemental Security Income and any Social Security benefits for which the applicant or recipient may be eligible; and, B. Comply with the Supplemental Security Income and Social Security benefit interviewing process.

3.350.15 State OAP/SSI Coordinator Responsibility

1. The State OAP/SSI coordinator shall assist the applicant or recipient when possible to obtain information or provide required verification to complete the Supplemental Security Income and the Social Security eligibility process. The State OAP/SSI coordinator shall notify the county department if the applicant or recipient has failed to cooperate with the Supplemental Security Income and/or the Social Security application and/or the appeal process.

3.350.16 County Responsibility

1. A. The county department shall identify and refer the following applicant or recipient to the Social Security Administration to apply for Supplemental Security Income if the applicant's or recipient's income is less than the full Supplemental Security Income grant:
   1. 1. An Old Age Pension-A (OAP-A) applicant or recipient whose income is less than the Supplemental Security Income grant or, if the applicant or recipient is married, the couple's combined income is less than the SSI couple limit; or, 2. An Old Age Pension-B (OAP-B) applicant or recipient who appears or states that the applicant or recipient is disabled and has income less than the Supplemental Security Income grant or, if the applicant or recipient is married, the couple's combined income is less than the SSI couple limit; or, 3. An Old Age Pension applicant or recipient who was on the State Aid to the Needy Disabled program for one or more years or who has medical records indicating a disability; or, 4. An Old Age Pension applicant or recipient who has attained a minimum age of 60 years and has no employment history in the last five (5) years; or, 5. An Old Age Pension applicant or recipient who indicates an inability to return to past employment due to some physical or mental impairment.
   2. B. The county department shall provide Supplemental Security Income referrals to the State OAP/SSI coordinator.
   3. C. The county department sends the applicant or recipient a Notice of Adverse Action to deny or discontinue the applicant's or recipient's case when the State OAP/SSI coordinator notifies the county department of the applicant's or recipient's failure to apply for Supplemental Security Income, Social Security benefits, or to cooperate with the appeal process. This may be waived if the State OAP/SSI coordinator recommends the applicant or recipient be given good cause for not completing the Supplemental Security Income and Social Security application and appeal process due to extenuating circumstances.

3.350.17 Appeal Process for Supplemental Security Income and Social Security Benefit Cases The State OAP/SSI coordinator shall advise and assist the applicant or recipient to file for an appeal if the State OAP/SSI coordinator believes the denial is inappropriate.

3.350.2 OAP REDETERMINATION CYCLE

3.350.21 Timeframes

1. OAP A and B cases shall be redetermined every 12 months.

3.350.22 Complying with SSI/SSA Application and Appeal Process

1. A recipient who meets the following conditions must comply with the SSI/SSA application and appeal process:
   1. A. The recipient has not been referred to SSI/SSA before; or, B. The recipient failed to follow through with the SSI/SSA application or appeal process; and, C. The recipient meets the requirements for SSI/SSA referral listed under OAP Applicant Processing standards.

3.350.3 OAP REPORTING REQUIREMENTS

3.350.31 Reporting Change in Circumstances

1. A recipient of OAP shall notify the county department in writing within 30 calendar days of any change in resources or income or other change in circumstances which affect eligibility or the amount of financial assistance. If such resource or income is received infrequently or irregularly and does not exceed a total value of ninety dollars in any calendar quarter, such resource or income shall be excluded from the thirty-day written reporting requirement but shall be reported at the time of the next eligibility redetermination.

3.350.32 County Department to Provide Explanation of Reporting Requirements

1. As a part of the application process, the county department shall provide an explanation of the reporting requirement.

3.350.33 County Department to Provide Recipients with Reporting Requirements and Report of Change Form At the time of the first assistance payment and at each redetermination, the county department shall mail the OAP recipients the notice concerning reporting requirements and a report of change form.

3.350.4 OAP PAYMENT POLICIES

3.350.41 Payment Made to Recipient

1. Except as specified below, the money payment shall be made directly to the recipient. This includes cases where the recipient has been adjudged mentally incompetent and the county department is satisfied that the recipient is getting full use and benefit of the payment.

3.350.42 Court-Appointed Guardian

1. When a court-appointed guardian makes application on behalf of the applicant, and the applicant is subsequently approved for payments, the payment shall be made to the guardian. The payment shall be issued to the recipient by the guardian. The guardian shall make semi-annual reports to the county department of payments received and expenditures made on behalf of the recipient.

3.360 FINANCIAL ELIGIBILITY REQUIREMENTS FOR OAP

3.360.1 DETERMINATION OF NEED

3.360.11 Resources and Income

1. Two elements shall be considered to determine the applicant's or recipient's need for financial assistance:
   1. A. Resources available to the applicant or recipient; and, B. Income available to the applicant or recipient.

3.360.12 Home Care Allowance

1. In addition to the needs of the applicant or recipient, a home care allowance may be included in the grant of an Old Age Pension applicant or recipient. See the Department of Health Care Policy and Financing's Medical Assistance Staff Manual (10 CCR 2505-10) for Home Care Allowance eligibility requirements.

3.360.13 Adult Foster Care

1. In addition to the needs of the applicant or recipient, an adult foster care allowance may be included in the grant of an OAP recipient. A twenty dollar disregard is not allowed. See the Department of Health Care Policy and Financing's Medical Assistance Staff Manual (10 CCR 2505-10) for Adult Foster Care eligibility requirements.

3.360.2 OAP LIFE INSURANCE RESOURCE LIMITS

3.360.21 Life Insurance Limits

1. If the total face value of all policies owned by an applicant or recipient is equal to $1,500 or less, the cash surrender value is exempt. Life insurance policies, with cash surrender values of $50,000 or less which were purchased more than 48 months prior to application, are exempt. However, if the applicant has contributed additional monies to the policies within 48 months of application, those additional monies contributed are counted toward the resource limit; the original cash value amount prior to the 48 month period remains exempt. If the total cash surrender value of the life insurance policies is equal to $50,000 or less but were purchased within the 48 months prior to application, the total cash surrender value is a countable resource.

3.360.3 OAP STANDARD OF ASSISTANCE

3.360.31 OAP Standard of Assistance Table

1. The OAP Standard of Assistance Table reflects the current maximum grant.

3.360.32 Seek and Claim All Potential Income

1. The total countable income of the applicant or recipient shall be deducted from the standard to determine the payment amount. Income shall be countable in the month it is received. The applicant or recipient must pursue and accept all potential income to which they may e entitled.

3.360.33 Income from Non-Applicant Spouse

1. In addition to the income of the applicant or recipient, net income in cash or in kind to an applicant or recipient from the non-recipient spouse shall be considered as income in the month received.

3.360.34 Gross Income in Excess of Need Standard

1. If the gross income of the OAP applicant exceeds the need standard, the applicant shall not be eligible for assistance. In addition, if the total countable income equals or exceeds the standard of assistance, the applicant shall not be eligible for assistance.

3.360.4 OLD AGE PENSION (OAP) STANDARD OF ASSISTANCE TABLE

3.360.41 OAP Grant Standard Components

The grant standard represents a combined monthly allowance for components identified in the OAP grant standard of assistance table.

3.360.42 Determining Deduction for Items Supplied Without Cost

1. The table provides a breakdown of the component amounts. The information shall be used to arrive at a deduction when an item is supplied in full, without cost, to the applicant or recipient.

3.360.43 Patients in a Medical Institution

1. For every full calendar month that the applicant or recipient is a patient in a medical institution, such as a hospital or nursing home, only a personal needs allowance shall be provided.

3.360.44 Old Age Pension (OAP) Standard of Assistance Table

1. (effective January 1, 2006)
   1. Components Standard Allowance:

   Food $138.00 Clothing 59.00 Shelter 221.00 Utilities combined with shelter Household Supplies 35.00 Insurance 22.00 Medicine Chest 28.00 Routine Transportation 44.00 Personal Needs 81.00 TOTAL $628.00 Institutionalized Persons:

   Personal Needs - .

   Medical Institutions $ 50 or (for certain veterans .

   or their widow(er)s) $ 90 Individuals qualifying for the Home Care Allowance or Adult Foster Care programs may have income higher than the OAP grant standard. These individuals are eligible for a partial Home Care Allowance (HCA) or Adult Foster Care (AFC) payment. See the “Medical Assistance” staff manual on the section regarding Home Care Allowance and Adult Foster Care. County departments are to operate the Home Care Allowance (HCA) and Adult Foster Care (AFC) programs in accordance with the regulations promulgated by the Medical Services Board as described in the Department of Health Care Policy and Financing “Medical Assistance” staff manual (10 CCR 2505-10).

3.360.5 OLD AGE PENSION (OAP) INCOME DISREGARDS

1. An Old Age Pension applicant's gross income shall not exceed the grant standard. The applicant or recipient must pursue and accept all potential income to which they may be entitled. If the applicant's gross income exceeds the grant standard, the applicant is ineligible. If the gross earnings are less than the grant standard, apply the deduction as described below for recipients.
   1. A. To determine countable earned income of an Old Age Pension recipient, the following shall apply:
      1. 1. $65 shall be subtracted from the gross earned income; and, 2. The result shall be divided in half; and, 3. The remaining income is the countable earned income.
   2. B. To determine countable unearned income of an Old Age Pension recipient who does not receive Supplemental Security Income (SSI), or who receives SSI in addition to other unearned income, the following shall apply:
      1. 1. Determine the monthly gross unearned income; and, 2. From this amount, deduct $20; and, 3. The balance is the countable unearned income.
   3. C. In the case of a couple, only one $20 disregard is allowed and is divided between the two individuals (or $10 for each member of a couple).
      1. A recipient who receives SSI only, and does not receive any other unearned income, does not receive the $20 unearned income disregard.

         An Old Age Pension recipient living in an Adult Foster Care facility is not eligible to receive the $20 unearned income disregard.

   4. D. The countable earned and unearned income are added together and then subtracted from the standard of assistance.

3.360.6 CONSIDERATION OF ALIEN SPONSOR: DEEMING OF INCOME AND RESOURCES

3.360.61 Applications on or After August 22, 1996

1. This section shall apply to aliens or legal immigrants who apply for financial assistance on or after August 22, 1996.

3.360.62 Exclusions

1. These rules relating to sponsor's income do not apply to aliens or legal immigrants who were:
   1. A. Paroled into the United States as a refugee; or, B. Granted political asylum by the U.S. Attorney General; or, C. Sponsored by an organization as a refugee; or, D. Sponsored by a relative. A relative is defined as:
      1. 1. a blood relative (includes those of half blood) or adoptive relative: a brother, sister, uncle, aunt, first cousin, nephew, niece, or person of preceding generations denoted by prefixes of grand, great, or great-great; or 2. stepparent, stepbrother, stepsister; or 3. a spouse of any persons included in the above groups even after the marriage is terminated by death or divorce.

3.360.63 Sponsor

1. No alien or legal immigrant applying for OAP who was sponsored by a person or persons and who entered the United States on or after August 22, 1996 shall be granted financial assistance unless it is shown that the person, other than a relative, who sponsored the alien's entry into the United States, now has insufficient income, property, or other resources to meet the needs of the alien or legal immigrant.

3.360.64 Definition

1. A sponsor is any person or persons who executed an affidavit of support or similar agreement on behalf of an alien or legal immigrant as a condition of the alien's or legal immigrant's entry into the United States.

3.360.65 Sponsor Deeming

1. The resources and income of an individual who is a sponsor other than a relative shall be deemed available to the sponsored alien or legal immigrant until citizenship has been obtained or the sponsored alien or legal immigrant provides legal documentation stating the sponsorship affidavit has ended.

3.360.66 Resource Exclusions

1. The sponsor's resources shall be determined and the appropriate exclusions given as if the sponsor is applying for assistance. The applicable resource exclusions are explained under "Resources" in this staff manual.

3.360.67 Sponsor's Income

1. The sponsor's income shall be treated as follows:
   1. A. Add the sponsor's gross earned and unearned income for total countable income; and, B. Apply a deduction for the sponsor equal to 125% of the Federal poverty level for the number of people in the sponsor's family; and, C. The income remaining after the above deductions shall be considered available as unearned income to the alien or legal immigrant for the purpose of financial and/or medical assistance.
      1. A legal alien or legal immigrant who has been sponsored by more than one person is deemed to have access to the resources and income of each sponsor.

3.360.68 Providing Sponsor Information and Documentation

1. The sponsored legal alien or legal immigrant shall be responsible for the provision of any information and documentation necessary to determine the income and resources of the sponsor which may be deemed available to the alien or legal immigrant. The alien or legal immigrant shall obtain any cooperation or necessary information from the sponsor. If the alien or legal immigrant fails to provide such information, assistance shall be denied or discontinued.

3.370 OLD AGE PENSION (OAP) GRANT DETERMINATION

3.370.1 THE APPLICANT OR RECIPIENT INCLUDED IN THE OAP GRANT

3.370.11 Computation on Individual Basis

1. OAP grants shall be computed on an individual basis.

3.370.2 COMPUTING THE GRANT AMOUNT

3.370.21 Process [Rev. eff.9/1/06]

1. To determine the initial grant amount for an applicant found eligible, the county department shall:
   1. A. Consider the gross monthly earned income available to the applicant; If the Social Security Administration (SSA) is recovering any portion of the SSI payment of an applicant due to an overpayment of benefits, the Old Age Pension/Colorado Supplement will be calculated based on the gross SSI payment and not the received amount; and, B. Apply the applicable earned and unearned income disregards; and, C. Add the countable earned income to the unearned income of the applicant, including deemed income from the non-recipient spouse; and, D. Subtract the total countable income from the standard of assistance; and, E. On the first day of the month, the payment shall be based on the standard of assistance less countable income; and, F. On any other day of the month, the payment shall be based on the standard of assistance less countable income, prorated according to the number of days remaining in the month.
   2. G. An applicant or recipient shall receive an amount equal to the ongoing monthly grant payment in the month they turn sixty (60) years of age, as long as all eligibility requirements are met.

3.370.22 Grant Payment Effective Date [Rev. eff. 9/1/06]

1. A. The initial adult financial grant payment shall be effective the date of the pending application or the day the applicant meets all eligibility criteria, whichever is later, through the end of the month.
   1. B. An ongoing adult financial and/or adult medical case shall not have a delay in benefits when:
      1. 1. There is a current application or redetermination verifying eligibility; and, 2. All eligibility criteria have been met as described in this section.

3.370.23 On-Going Grant Amount

1. To determine the ongoing grant amount, the county department shall consider the gross monthly income available to the recipient. If the amount is less than the OAP standard, apply the following deductions:
   1. A. Apply the appropriate earned and unearned income disregards; and, B. Add the countable earned income and the countable unearned income of the recipient, including deemed income from the non-recipient spouse; and, C. Subtract the total countable income from the standard of assistance.

3.380 OLD AGE PENSION - "C" (OAP “C” ) PROGRAM DEFINITIONS AND REQUIREMENTS

3.380.1 GROUPS ASSISTED UNDER THE OAP “C” PROGRAM

3.380.11 Groups Assisted Under the OAP "C" Program

1. The OAP "C" program provides financial assistance to a recipient who has attained a minimum age of sixty years and is a patient in an institution.

3.380.12 A recipient shall mean one whose resources are below the State Department resource limit and whose income is below the basic minimum award of one hundred dollars monthly as adjusted by the State Board of Human Services due to changed living costs.

3.380.13 The applicant must be in an institution, not penal in character, maintained by the State or by a municipality therein or county thereof.

3.380.14 Eligibility

1. To receive OAP "C" assistance, an eligible applicant shall:
   1. A. Be a citizen of the United States or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under Colorado of Law;
   2. B. Be a resident of Colorado;
   3. C. Not be receiving financial assistance from Colorado Works, AND, or AB, or from another OAP grant.

3.380.15 Committed by Order of the District or Probate Court

1. Where the inmate has been committed to the institution by order of the district or probate court, the superintendent or chief administrative officer of the institution shall apply for OAP "C" for and in behalf of the inmate.

3.380.2 OLD AGE PENSION "C" (OAP “C” ) ELIGIBILITY CRITERIA

3.380.21 Eligibility Criteria for Applicants Age 65 and Over

1. The county department shall establish the eligibility of an OAP "C" applicant who has attained the minimum age of sixty-five years in the same way as for an OAP "A" applicant (see Section 3.360, et seq.).

3.380.22 Eligibility Criteria for An Applicant Age 60 to 64

1. The county department shall establish the eligibility of OAP "C" applicant who has attained the minimum age of sixty years but has not reached age sixty-five years in the same way as for an OAP "B" applicant (see Section 3.360, et seq.).

3.381 OLD AGE PENSION "C" (OAP “C” ) PROCESSING STANDARDS AND PAYMENT POLICIES

3.381.1 OLD AGE PENSION "C" (OAP “C” ) APPLICATION PROCESSING STANDARDS

3.381.11 Where the inmate has been committed to the institution by order of the district or probate court, the superintendent or chief administrative officer of the institution shall apply for OAP "C" for and in behalf of the inmate.

1. When a guardian has been appointed by the district or probate court, application shall be made by the guardian on behalf of the applicant. Action to approve or deny the application will be taken within 45 calendar days from the date of receipt of a completed and signed application. Action shall mean that the notice to the applicant, guardian, or superintendent or chief administrative officer shall be hand-delivered or mailed on the State Department's prescribed form.

3.381.12 Old Age Pension "C" (OAP "C") Redetermination Cycle

1. OAP "C" cases shall be redetermined every 12 months.

3.381.13 Old Age Pension "C" (OAP "C") Payment Policies

1. Assistance payments under the Old Age Pension granted to a recipient shall be in the recipient's name in care of the chief financial officer of the institution within which the recipient is confined or in care of the court-appointed guardian. When payment is made in care of a court-appointed guardian, such person shall make semi-annual reports to the county department of payments received and expenditures made on behalf of the recipient. A reserve shall be provided to the recipient by the financial officer of the institution or the guardian for personal needs.

3.382 FINANCIAL ELIGIBILITY REQUIREMENTS FOR OLD AGE PENSION “C” (OAP "C")

3.382.1 DETERMINATION OF NEED AT APPLICATION OR REDETERMINATION

3.382.11 Resources and Income

1. At the time of application or redetermination, two elements shall be considered to determine an applicant's or recipient's need for financial assistance:
   1. A. Resources available to the applicant or recipient, and, B. Income available to the applicant or recipient.

3.382.2 OLD AGE PENSION “C” (OAP "C") RESOURCE LIMITS

3.382.21 Limit

1. For Old Age Pension “C” , the resource limit is $2,000 for an individual and $3,000 for a couple.

3.382.22 Availability

1. A resource is considered available when it is actually available or when it is legally accessible to the applicant or recipient. Real and personal property must have a cash value that is available to the applicant or recipient upon disposition to be considered a resource.

3.382.23 Home Exemption

1. The home of an Old Age Pension “C” recipient shall not be countable as a resource during the period of commitment.

3.382.24 Life Insurance

1. If the total face value of all policies owned by an applicant or recipient is equal to $1,500 or less, the cash surrender value is exempt. Life insurance policies, with total cash surrender values of $50,000 or less which were purchased more than 48 months prior to application, are exempt. However, if the applicant has contributed additional monies to the policies within 48 months of application, those additional monies contributed are counted toward the resource limit; the original cash value amount prior to the 48 month period remains exempt. If the total cash surrender value of the life insurance policies is equal to $50,000 or less but the policies were purchased within the 48 months prior to application, the total cash surrender value is a countable resource.

3.382.25 Resources in Excess of Limit

1. If total countable resources exceed the individual or couple limit, the applicant or recipient shall not be eligible for Old Age Pension “C” .

3.382.3 OLD AGE PENSION “C” (OAP "C") STANDARD OF ASSISTANCE

3.382.31 Standard Allowance

1. The Old Age Pension “C” grant standard of assistance shall be the same as the standard allowance for Old Age Pension “A” (OAP "A") and Old Age Pension “B” (OAP "B)."

3.382.32 Countable Income

1. The total countable income of the applicant or recipient shall be deducted from the standard in determining the payment amount. Income shall be countable in the month it is received.

3.382.33 Income in Excess of Grant Standard

1. If total countable income equals or exceeds the grant standard of assistance, the applicant or recipient shall not be eligible for assistance.

3.400 AID TO THE NEEDY DISABLED (AND) AND AID TO THE BLIND (AB) PROGRAM

1. DEFINITIONS AND REQUIREMENTS

3.400.1 GROUPS ASSISTED UNDER THE AID TO THE NEEDY DISABLED AND AID TO THE BLIND PROGRAMS

3.400.11 Eligible Recipients Who are Disabled or Blind

1. The AND and AB programs provide financial assistance to eligible recipients who are disabled or blind.

3.400.12 Income and Resources for an Eligible Applicant or Recipient

1. An "eligible applicant or recipient" shall mean one whose resources are below the State resource limit and whose income is below the applicable State standard of assistance.

3.400.13 Eligible Applicant or Recipient

1. For the purpose of AND or AB, an "eligible applicant or recipient" shall mean one who meets the applicable program definition of disability or blindness.

3.400.14 Types of Programs

1. There are two types of programs: State Aid to the Needy Disabled/Aid to the Blind (State AND/AB and Aid to the Needy Disabled/Aid to the Blind/Supplemental Security Income-Colorado Supplement (AND/AB/SSI-CS). Unless otherwise specified, AND and AB rules and the designation AND and AB shall apply to both types.

3.400.15 Age Requirements for AND or AB [Rev. eff. 9/1/06]

1. There shall be no age requirement for the AND/SSI-CS, AB/SSI-CS, or State AB programs. To be eligible for assistance under the State AND program, the disabled person shall be 18 through 59 years of age. Acceptable verification of age shall include, but not be limited to:
   1. A. One of the following valid government issued documents or identification:
      1. 1. Birth certificate;
      2. 2. Valid Colorado state identification or driver's license;
      3. 3. Valid out of state identification or driver’s license;
      4. 4. Naturalization, immigration, and passport papers;
      5. 5. Legal documents from Vital Statistics; or, 6. Social Security information (SOLQ, SVES, SDX, and BENDEX); or,
   2. B. Two or more of the following documents:
      1. 1. School records;
      2. 2. Baptismal certificates or other well documented church records;
      3. 3. Family Bible or other well documented family records of birth;
      4. 4. Voting records;
      5. 5. United States census records.

3.400.16 General Requirements for AND or AB

1. To receive AND or AB assistance, an eligible recipient shall:
   1. A. Be a citizen of the United States, an alien or a legal immigrant as described in the “General “Requirements” section of this manual on “Citizenship and Alien Status” ; and, B. Be a resident of Colorado; and, C. Not be receiving financial assistance from Colorado Works, Old Age Pension, AND or AB in any county; and, D. Not be an inmate of any public institution except as a patient in a public medical institution; and, E. Not be a patient of any institution admitted for tuberculosis or mental disease.

3.400.161 Length of Time on State and While Primary Diagnosis is Alcoholism or Controlled Substance Addiction For State AND assistance only, an eligible applicant or recipient shall not have received State AND for more than 12 cumulative months in a lifetime based on a primary diagnosis of alcoholism or controlled substance addiction. (Refer to the section on alcoholism and controlled substance addiction as a primary diagnosis in this section of the manual.)

3.400.17 Requirement to Apply for SSI

1. Application for Supplemental Security Income (SSI), as a potential benefit, is a requirement for a disabled or blind applicant or recipient receiving less income than the SSI maximum plus $20 unearned income. The county department shall require documentation of application for SSI to determine eligibility or shall document that, due to the applicant's income, an application for SSI is not required.
   1. After application for SSI has been made, the county department shall verify that the applicant or recipient continues to appeal any denial of SSI benefits.

3.400.18 Eligibility for Other State or Federal Income Assistance Programs

1. An applicant or recipient eligible for other State or Federal income assistance programs (e.g., Colorado Works) shall pursue and exhaust eligibility in those programs prior to becoming eligible for State Aid to the Needy Disabled or State Aid to the Blind. Any existing sanction or disqualification, as defined by the program imposing the sanction or disqualification, will deem the applicant or recipient ineligible for State AND/AB. If the applicant's or recipient's income is over the limit for other State or Federal programs and the grant payment from the State or Federal program(s) is in excess of the State AND/AB maximum grant, the applicant's or recipient's income shall be considered over the limit for State AND/AB and the applicant or recipient will, therefore, be ineligible for State AND/AB.

3.400.2 AND & AB ELIGIBILITY CRITERIA

3.400.21 Programs for Assisting Disabled and Blind Persons

1. There shall be two types of programs for assisting disabled and blind persons:
   1. A. AND/SSI-CS (Colorado Supplement to Supplemental Security Income) and AB/SSI-CS (Colorado Supplement to Supplemental Security Income) - supplemental payments to an eligible applicant or recipient who receives SSI benefits; and, B. State AND/AB - assistance payments to an eligible applicant or recipient not receiving SSI benefits, who meets eligibility criteria established by the State Department.

3.400.22 Eligibility for Financial Assistance Under AND/AB/SSI-CS

1. To be eligible to receive financial assistance under AND/AB/SSI-CS, the applicant or recipient shall:
   1. A. Have been determined by SSI to be disabled or blind; and, B. Be receiving an SSI money payment less than the maximum grant or supplement amount set by the State Department; and, C. Have completed an application.

3.400.23 SSI Definitions

1. The SSI definitions for disability and blindness are the same as those used in the Social Security Disability Insurance Benefits program:
   1. A. “Disability” means inability to engage in any substantial gainful activity due to a physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of 12 months or more;
   2. B. “Blindness” means (1) vision in the better eye of 20/200 or less with the use of a correcting lens, or (2) tunnel vision to the extent that the field of vision is no greater than 20 degrees.

3.400.24 Eligibility for Financial Assistance Under State AND

1. To be eligible to receive financial assistance under State AND, the applicant or recipient shall:
   1. A. Be determined to have a total disability as defined in Section 3.400.25; and, B. Have total gross income and countable resources below the maximum State amount.

3.400.25 Definition of Total Disability Under State AND

1. For the purpose of State AND, "total disability" means a physical or mental impairment that is disabling and, because of the factors below, precludes the applicant or recipient having such disability from engaging in a useful occupation as a homemaker or as a wage earner in any employment which exists in the community for which the applicant or recipient has competence. The total disability must have lasted or is expected to last six (6) months or more, and this requirement must be met before considering any of the other factors listed below:
   1. A. Education or training;
   2. B. Experience;
   3. C. Social setting:
      1. 1. The applicant or recipient is homeless;
      2. 2. There are available jobs for which the applicant or recipient has competence within a reasonable commute of the applicant's or recipient's home. "Reasonable" means a commute within one hour one way or within 30 miles one way, or within 50 miles one way in rural areas.

3.400.26 Definitions for State AND

1. For the purpose of State AND:
   1. A. "Useful occupation" shall mean any occupation which can be considered as self-supporting. "Self-supporting" means minimum wage multiplied by 30 hours of work per week. "Protected" employment - as in a sheltered workshop - or other "made work" situations can not be considered as self-supporting;
   2. B. "Homemaker" shall mean one whose occupation would currently consist of homemaking services - such as cooking, laundering, and performed outside the applicant's or recipient's own home or in a "live in" situation in exchange for a room (or room and board) and wages;
   3. C. The phrase "employment which exists in the community" shall mean that there are jobs for which the applicant or recipient has competence located within an area where the applicant or recipient might reasonably be expected to commute. It does not mean that there are actual job vacancies that the applicant or recipient could fill.

3.400.27 Eligibility for Financial Assistance Under State AB

1. To be eligible to receive financial assistance under State AB the applicant or recipient shall:
   1. A. Be determined to be blind which includes the certification that the applicant or recipient has not more than ten percent visual acuity in the better eye with correction or not more than 20/200 central vision acuity in the better eye with correction, or a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle of no more than twenty degrees, and B. Have total gross income and countable resources below the maximum State Department amount.

3.400.28 Primary Diagnosis of Alcoholism or Controlled Substance Addiction (Does Not Apply to State AB)

1. For the purpose of State AND, if the recipient's primary diagnosis is alcoholism or controlled substance addiction, the additional following criteria shall apply:
   1. A. The recipient is eligible to receive AND benefits for a maximum of 12 cumulative months in a lifetime while the recipient's primary diagnosis on the State Department's prescribed medical report form is alcoholism or controlled substance addiction; and, B. The recipient must agree to treatment for the recipient's addiction and will be referred to a designated assessment/treatment agency of the Alcohol and Drug Abuse Division (ADAD), which will define the treatment for the recipient; and, C. The recipient's payments shall be sent, on the recipient's behalf, to the assessment center or treatment center to which the recipient has been referred, to then be turned over to the recipient. Payments may be made directly to the recipient as long as the recipient demonstrates compliance with the assessment/treatment program. These payments are the property of the recipient and are not transferable nor assignable; and, D. If the recipient fails to comply with treatment, the treatment center must give the recipient the payment and contact the county department within 24 hours of the recipient's termination from treatment. The county department shall discontinue the recipient's State AND assistance.
   2. E. If the recipient fails to appear for assessment/treatment and claim the recipient's payment, the recipient's State AND payment shall be returned to the county department no later than the end of the month for which the payment was issued.
   3. F. The treatment center may negotiate with the recipient to charge the recipient a fee based on a sliding fee scale; however, the county department shall not terminate State AND benefits if the recipient does not pay and therefore does not get treatment solely because of the facility's unwillingness to provide treatment.
   4. G. The recipient must submit to random testing to ensure the recipient remains free of alcohol/controlled substance(s).
   5. H. Anytime a recipient tests positive for alcohol or controlled substance(s), the recipient will be warned by the treatment center, either verbally or in writing. Verbal warnings will be fully documented in the recipient's case file. If a recipient tests positive for alcohol or controlled substance(s) twice in any three-month period, the county department will be notified and the recipient will be removed from State AND.
   6. I. The initial partial month is not counted toward the 12-month maximum allowed. However, if a recipient is discontinued and subsequently reapplies and is approved, partial months after re-approval will count as a full month toward the 12-month maximum allowed.

3.400.3 ESTABLISHING THE FACTS OF ELIGIBILITY

3.400.31 Eligibility Criteria for Colorado Supplement Payment

1. In addition to eligibility requirements concerning income and resource limitations, the county department shall establish that the applicant or recipient meets the eligibility criteria for a Colorado Supplement payment by:
   1. A. Verifying that the person is a recipient of SSI benefit payments and meets SSI disability or blindness standards, and B. Recording the source of verification on the State Department's prescribed medical report form.

3.400.32 Eligibility Criteria for State AND/AB Payment if Receiving Social Security (DIB) For a disabled or blind applicant or recipient not receiving SSI benefits, but who is receiving Social Security Disability Insurance Benefits (DIB), the county department shall establish that the applicant or recipient meets the eligibility criteria for State AND or State AB by:

1. A. Verifying that Social Security DIB payments are being paid to the applicant or recipient; and, B. Recording the source of verification on the State Department's prescribed medical report form; and, C. Referring the applicant or recipient to the Social Security District Office to apply for SSI benefits, if applicable, using the SSA referral form, when the applicant's or recipient's unearned income is less than the SSI maximum plus $20, based on living arrangements, and, D. Obtaining verification of SSI application.

3.400.33 Verification of SSI and Social Security DIB Payments

1. Sources for verifying SSI and Social Security DIB payments shall include the benefit payment, the award letter, the State Beneficiary and Earnings Data Exchange (BENDEX) list, the State Data Exchange System (SDX) listing, or the State Verification Exchange System (SVES) listing for SSI. The Social Security information request form for Social Security benefits may be used when the information is not on a BENDEX, SDX, or SVES listing.

3.400.34 Eligibility Criteria for State and Payment if not Receiving SSI or Social Security DIB For an applicant or recipient who receives neither SSI nor Social Security DIB, the county department shall establish that the applicant or recipient meets the eligibility criteria for State AND by:

1. A. Referring the applicant or recipient to the Social Security Office to apply for SSI and Social Security DIB when the applicant's or recipient's unearned income is less than the SSI maximum plus $20, and based on living arrangements; the applicant or recipient must appeal any denial of eligibility by SSA for SSI benefits to remain eligible for State AND;
   1. B. Obtaining documentation of application for SSI and/or any appeals of SSI denial before approval for State AND;
   2. C. Obtaining the applicant's or recipient's authorization for release of medical information, using the State Department's prescribed medical report form;
   3. D. Advising the applicant or recipient of the requirement for medical examination using the State Department's prescribed medical report form;
   4. E. Securing the completed State Department's medical report form for AND/or State AND special examinations;
   5. F. Reviewing all medical information secured, and completing a determination of eligibility.
   6. G. Requesting a second opinion, using the State Department's prescribed medical report form, at the applicant's or recipient's expense. The county department is obligated to pay for only one medical exam for the applicant or recipient.
   7. H. The county department shall not be responsible for obtaining or arranging the medical exam for the applicant or recipient. However, the county department is responsible for payment as indicated in Section 3.490.21.

3.400.35 State Department's Prescribed Medical Report Form to Determine Disability In accordance with the definition of State AND disability as found in Section 3.400.25, the State Department's prescribed medical report form shall include the appropriate medical personnel's diagnoses, prognoses, and other relevant physical or mental factors relating to the disability of the applicant or recipient. The State Department's prescribed medical report form shall contain the appropriate medical personnel's certification that the applicant or recipient has or does not have a physical or mental impairment that has lasted or is expected to last six (6) months or longer and precludes the applicant or recipient from working.

3.400.36 Veteran's Administration (VA) Prescribed Medical Form to Determine Disability The VA prescribed form must be used to request medical information from a VA hospital. The applicant or recipient shall be responsible for securing additional medical information from the VA if the applicant or recipient wishes the county department to consider additional medical information to determine eligibility.

3.400.37 Eligibility Criteria for State AB Payment if not Receiving SSI or Social Security DIB If an applicant or recipient receives neither SSI nor Social Security DIB, the county department shall establish that the applicant or recipient meets the eligibility criteria for State AB by:

1. A. Referring the applicant or recipient to the Social Security Office to apply for SSI and Social Security DIB when the applicant's or recipient's unearned income is less than the SSI maximum plus $20, and based on living arrangements;
   1. Any denial of eligibility by SSA for SSI benefits must be appealed by the applicant or recipient in order for the applicant or recipient to remain eligible for State AB;
   2. B. Obtaining documentation of application for SSI before approval for State AB, and/or any appeals of SSI denial;
   3. C. Obtaining the applicant's or recipient's authorization for release of medical information, using the State Department's prescribed medical report form;
   4. D. Referring the person for medical examination using the State Department's prescribed medical report form;
   5. E. Securing the completed State Department's prescribed medical report form which includes the qualified medical personnel's (as defined in Section 3.490.111) certification that the applicant or recipient has not more than ten percent visual acuity in the better eye with correction, or not more than 20/200 central visual acuity in the better eye with correction, or a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle of no more than twenty degrees;
   6. F. Reviewing all medical information secured and completing a determination of eligibility.
   7. G. Requesting a second opinion, using the State Department's prescribed medical report form, at the applicant's or recipient's expense. The county department is obligated to pay for only one medical exam for the applicant or recipient.
   8. H. The county department shall not be responsible for obtaining or arranging for the medical exam for the applicant or recipient

3.400.38 Loss of SSI Payment

1. When an applicant or recipient loses SSI payment, for whatever reason, the applicant or recipient shall lose eligibility for the AND/SSI-CS or the AB/SSI-CS program. The following procedures shall be followed:
   1. A. Cases shall be changed to State AND or AB and the cases processed in accordance with the rules for that program; and, B. The recipient shall remain in the State Department program, if otherwise eligible, pending receipt of a medical decision of disability following the procedure described earlier in this section.

3.410 - 3.440 (None)

3.450 AND & AB PROCESSING STANDARDS AND PAYMENT POLICIES

3.450.1 AND & AB APPLICATION PROCESSING STANDARDS

3.450.11 AND/AB/SSI-CS Application on Behalf of a Minor

1. An AND/SSI-CS or AB/SSI-CS application made on behalf of a minor shall be signed by the applicant's parent or legal guardian.

3.450.12 Processing Times

1. Action to approve or deny AND/AB applications shall be taken within sixty (60) days from the date of receipt of a completed and signed application. Action means the notice to the applicant and the eligibility reporting form are complete and mailed.

3.450.13 Delay in Processing Time

1. When the processing time cannot be met due to any delay, notice shall be sent to the applicant including the reason for the delay and the right to appeal for a fair hearing if the applicant is dissatisfied with the delay.

3.450.2 AND & AB REDETERMINATION CYCLE

3.450.21 Eligibility Redetermination

1. A redetermination of eligibility for continued assistance on factors other than disability and blindness shall be completed every 12 months or sooner if there is reason to believe the recipient's situation has changed.

3.450.22 Length of Time for Medical Redetermination

1. A redetermination of medical eligibility shall be completed as specified for State AND/AB on the State Department's prescribed medical report forms. If the applicant or recipient has been determined eligible for Medicaid through the Disability Determination Services (DDS) process, the diary date or medical re-examination date of the DDS decision becomes the medical eligibility re- examination date. Otherwise, the State Department's prescribed medical report form shall be used for the medical redetermination process.

3.450.23 SSI Medical Redetermination

1. The redetermination of medical eligibility for those cases receiving SSI and/or Social Security DIB is the responsibility of Social Security. So long as the person receives an SSI or Social Security DIB money payment, it shall be assumed that the applicant or recipient meets the SSI medical criteria.

3.450.3 AND & AB REPORTING REQUIREMENTS

3.450.31 Recipient Reporting Requirements

1. A recipient of AND or AB shall notify the county department in writing within 30 calendar days of any change in resources or income or other change in circumstances which would affect eligibility or the amount of assistance. If such property or income is received infrequently or irregularly and does not exceed a total value of ninety dollars ($90) in any calendar quarter, such property or income shall be excluded from the thirty-day written reporting requirement but shall be reported at the time of the next eligibility redetermination.

3.450.32 Explanation of the Reporting Requirement

1. As a part of the application process, the county department shall provide an explanation of the reporting requirement.

3.450.4 AND & AB PAYMENT POLICIES

3.450.41 Money Payment Made Directly to Recipient

1. Except as specified below, the money payment shall be made directly to the recipient. This includes cases where the recipient has been adjudged mentally incompetent and the county department is satisfied that the recipient is getting full use and benefit of the payment.

3.450.42 Exceptions to Money Payment Made Directly to Recipient

1. When a court-appointed guardian makes application on behalf of the applicant or recipient, the payment shall be made out to the recipient "by" the guardian. The guardian shall make semi- annual reports to the county department of payments received and expenditures made on behalf of the recipient.

3.450.43 Interim Assistance Reimbursement (IAR)

1. Payments of State AND and/or State AB made while an SSI claim is pending, in suspense, terminated, or in appeal shall be classified as interim assistance. At the time of application, the SSI payment procedure shall be explained to the applicant.
   1. A. As a condition of eligibility for State AND or State AB the applicant shall be required to sign the "Authorization for Reimbursement of Interim Assistance Initial Payment or Initial Post Eligibility Payment" form (IM-14). The authorization form is transmitted electronically to the Social Security Administration (SSA) in the manner prescribed by the State Department. Refer to the AND and AB Payment Policies section titled "Establishing the Facts of Eligibility". The applicant or recipient shall be required to give signed authorization for recovery directly from the applicant or recipient in the event that the first retroactive SSI check is sent to the applicant or recipient rather than the county department.
   2. B. The date of signature on the "Authorization for Reimbursement of Interim Assistance Initial Payment or Initial Post Eligibility Payment" form which is submitted to the Social Security Administration will be considered the date of SSI application. The authorization will be effective for one (1) year from the date it was signed by the applicant. If a timely request for an administrative or judicial review is filed within the time permitted under SSA's regulations, the authorization form will remain in effect, even if beyond the one calendar year period, until such time as:
      1. 1. SSA makes the initial SSI payment or makes the initial SSI post eligibility payment on the claim;
      2. 2. SSA makes a final decision on the case; or, 3. The county department, as an agent of the State Department, and the applicant agree to terminate the authorization.
   3. C. At the time the initial SSI retroactive payment is received, the county department shall, within 10 working days, make an accounting of the interim assistance payments made, including the SSI initial payment received from SSA, the amount paid to the recipient, the amount retained by the county department, and the amount returned to SSA due to death, etc.
   4. D. The accounting shall be made on an individual recipient basis to SSA on the SSA prescribed form. A copy shall be mailed to the Social Security Administration Regional Office in Denver and one copy shall be kept in the case record at the county department.
      1. 1. If the amount of interim assistance is larger than the SSI amount, the entire SSI payment is retained and the recipient notified of the amount of interim assistance paid and the amount of reimbursement payment received from SSI.
      2. 2. If the SSI lump sum payment is larger than the amount of interim assistance the county department shall retain an amount equal to the interim assistance paid for the same month(s) SSI is received. The remainder is forwarded to the recipient within 10 days of receipt along with notification of the amount withheld.
      3. 3. The appropriate State Department's prescribed form shall inform the recipient of the right to appeal computation of the amount of interim assistance paid and the amount withheld.
      4. 4. Recoveries directly from a retroactive SSI payment can only be made from the first such payment.
   5. E. When the SSI payment is received by the recipient, the county department shall consider the payment as income in the month received.
   6. F. In the event that a recipient receives the initial retroactive SSI payment directly, the county department shall establish a recovery from the client. Subject to the client hardship provisions stated in this section, the county department may agree to recover interim payments by periodic payments or through a lump sum recovery. Any such recovery(ies) made shall be coded as Interim Assistance Reimbursement (IAR) Recovery(ies). Any amount recovered in the same month as the month in which it was received shall not be counted as income.
   7. G. The county department/State Department shall not pay any portion of its share of the Federal SSI lump sum payment to the recipient or to any third party for legal, professional, or other fees incurred by the recipient in securing SSI benefits. All of the IAR payment shall be used to reimburse the State AND program for benefits paid to the recipient as interim assistance in accordance with the agreement between the Colorado Department of Human Services and the Social Security Administration. The recipient is not required to obtain legal or other third party representation in order to apply for and/or obtain SSI benefits, and the recipient is solely responsible for any fees incurred in this process. Any excess money received from the retroactive SSI payment shall be sent to the recipient.

3.450.431 Suspension or Termination of SSI Payment

1. At the time an SSI recipient's SSI payment is suspended or terminated, the county department shall have the recipient complete the "Authorization for Reimbursement of Interim Assistance Initial Payment or Initial Post Eligibility Payment" form (IM-14) and check the post eligibility box. This authorization shall be entered electronically in the manner prescribed by the State Department.

3.450.44 When SSI Payment is Received

1. When the SSI payment is received, the county department shall change the category of assistance from State/AND to AND/SSI/CS or from State AB to AB/SSI/CS. The Colorado Supplement shall be paid retroactively to date of SSI eligibility, if otherwise eligible or to date of application with the county department, whichever is later.

3.460 FINANCIAL ELIGIBILITY REQUIREMENTS FOR AID TO THE NEEDY DISABLED (AND) AND AID TO THE BLIND (AB)

3.460.1 DETERMINATION OF NEED

3.460.11 Income and Resources

1. Two elements shall be considered in determining an applicant's or recipient's need for financial assistance:
   1. A. Resources available to the applicant or recipient, and B. Income available to the applicant or recipient.

3.460.12 Needs of the Essential Spouse

1. In addition to the needs of the disabled or blind applicant or recipient, the needs of the essential spouse shall be included in the grant of an AND/AB/SSI-CS recipient when:
   1. A. The spouse is providing a service which, if the recipient were living alone, would have to be provided for an applicant or recipient; and, B. The countable resources do not exceed the allowable maximum for an applicant or recipient; and, C. The countable income does not exceed the current allowance for an essential spouse.

3.460.13 Home Care Allowance

1. In addition to the needs of the disabled or blind applicant or recipient, a home care allowance may be included in the grant of an AND/AB/SSI-CS or State AND/AB applicant or recipient. See the Department of Health Care Policy and Financing “Medical Assistance” manual, on Home Care Allowance, for further information (10 CCR 2505-10).

3.460.14 Adult Foster Care

1. In addition to the needs of the disabled or blind applicant or recipient, an adult foster care allowance shall be included in the grant of an AND/AB/SSI-CS recipient when:
   1. A. The need for such care has been determined by the county worker;
   2. B. The care is authorized by the county department; and, C. The individual is or will be residing in a certified Adult Foster Care facility. See the Department of Health Care Policy and Financing's Staff Manual, Section 8.483 (10 CCR 2505-10), and the Department of Human Services' Section 7.103 "Program for the Protection of At Risk Adults Unable to Protect Their Own Interests" (12 CCR 2509-2).

3.460.2 (Reserved for Future Use)

3.460.3 AID TO THE NEEDY DISABLED (AND) AND AID TO THE BLIND (AB) STANDARDS OF

1. ASSISTANCE

3.460.31 Maximum Grants

1. The Colorado Supplement for AND and AB Standards of Assistance Tables, located in Section 3.460.45, reflect the current maximum grant payable based on the program for which the applicant or recipient qualifies.

3.460.32 Total Gross Countable Income

1. The total gross countable income of the applicant or recipient shall be deducted from the applicable standard in determining the payment amount. With the exception of SSI initial lump sum payments received by the county department, income shall be countable the month it is received.

3.460.33 Income of Non-Recipient Spouse

1. In addition to the income of the recipient, net income in cash or in kind to a recipient from the non- recipient spouse shall be considered as income in the month received.

3.460.34 income of an Unemancipated Child

1. In the case of an unemancipated child who is applying for AND/SSI-CS or AB/SSI-CS, the income of the child and the child's parents/guardians shall be considered. See the provisions in this staff manual entitled "Financial Responsibility of Relatives". Persons under 18 are not eligible for the State Only AND program.

3.460.35 Total Gross Countable Income Equal to or Exceeds the Appropriate Standard of Assistance If total gross countable income equals or exceeds the appropriate standard of assistance, the applicant shall not be eligible for assistance.

3.460.4 AID TO THE NEEDY DISABLED (AND), AID TO THE BLIND (AB), &

1. AND/AB/SUPPLEMENTAL SECURITY INCOME (SSI)-COLORADO SUPPLEMENT (CS) STANDARDS OF ASSISTANCE

3.460.41 State AND/AB and AND/AB/SSI-CS Appropriation Limits

1. Appropriation limits shall be maintained in accordance with Section 3.470.25.

3.460.42 AND/AB/SSI-CS Supplemental Payments (Does not apply to State AND/AB)

1. The Colorado Department of Human Services shall provide periodic supplemental payments, in addition to the regular monthly AND/AB/SSI-CS grant payments, to all AND/AB/SSI-CS recipients when necessary to comply with the Federal Maintenance of Effort (MOE) requirements. These payments, when necessary to be made, are supplements to regular grant payments, and do not affect grant standards.

3.460.43 Components

1. The table located at Section 3.460.45 provides a breakdown of the component amounts. Each standard represents a combined monthly allowance for essential items such as food, shelter, etc. The information shall be used only for arriving at a deduction when an item is supplied in full, without cost, to the recipient. For AND/AB/SSI-CS, only the component percentages for items other than shelter and utilities are used. Shelter and utilities for AND/AB/SSI-CS amounts are determined in accordance with the In-kind Support and Maintenance (ISM) regulations.

3.460.44 Medical Institution

1. For every full calendar month that the recipient is a patient in a medical institution, such as a hospital or nursing home, only a personal needs allowance shall be provided.

3.460.45 Aid to the Needy Disabled/Aid to the Blind/Supplemental Security Income-Colorado Supplement (AND/AB/SSI-CS) Standards of Assistance Table [Ref. eff. 7/1/06] AND/SSI-CS and AB/SSI-CS Components :

1. Standard Allowance: Percentages Food 20.5% Clothing 8.8% Shelter 37.0% Utilities * Household Supplies 5.0% Insurance 4.2% Medicine Chest 5.0% Routine Transportation 5.3% Personal Needs 14.2% Total Standard Allowance 100% * Shelter and Utilities costs are combined.
   1. The grant amount is computed by multiplying the standard allowance percentage for the component (see table above) by the current standard of assistance for the applicable program. The total standard allowance may change at any time as necessary to stay within the current appropriation.

      Applicants or recipients qualifying for the Home Care Allowance or Adult Foster Care programs may have higher income for eligibility purposes. See the Medical Assistance staff manual on the section regarding Home Care Allowance and Adult Foster Care. County departments are to operate the Home Care Allowance (HCA) and Adult Foster Care (AFC) programs in accordance with the regulations promulgated by the Medical Services Board as described in the Department of Health Care Policy and Financing “Medical Assistance” manual (10 CCR 2505-10).

Institutionalized Recipients in Medical Institutions:

1. Personal Needs $50 or For certain veterans $90

3.460.5 AID TO THE NEEDY DISABLED (AND) AND AID TO THE BLIND (AB) INCOME

1. DISREGARDS

3.460.51 Countable Income of a State AND Applicant or Recipient and/or Spouse

1. In determining the countable income of a State AND applicant or recipient, all income is counted whether earned or unearned and is considered dollar-for-dollar, with no disregards. To determine the countable earned income of the spouse of a State AND applicant or recipient to be deemed to the applicant or recipient, the following shall apply:
   1. A. Determine the monthly gross earnings;
   2. B. From this amount, deduct $20;
   3. C. From the remainder, deduct one-half (1/2) but no more than $30;
   4. D. From the remainder, subtract the mandatory deductions (withholding taxes, etc.);
   5. E. From the remainder, deduct $30 or the actual reasonable expenses of employment, whichever is greater;
   6. F. The remaining income of the applicant or recipient and/or deemed spousal income is the countable earned income and shall be subtracted from the standard of assistance.

3.460.511 Countable Earned Income of an AND/SSI-CS Applicant or Recipient and/or Spouse To determine the countable earned income of an AND/SSI-CS applicant's or recipients or spouse's income to be deemed to the applicant or recipient, the following shall apply:

1. A. $65 shall be subtracted from the gross earned income;
   1. B. The result shall be divided in half; and, C. The remaining income of the applicant or recipient and/or deemed spousal income is the countable earned income and shall be subtracted from the standard of assistance.

3.460.52 Countable Income of a State AB Applicant or Recipient and/or Spouse

1. To determine the countable income of a State AB applicant or recipient, all income is counted whether earned or unearned, and is considered dollar-for-dollar, with no disregards. To determine the countable earned income of a spouse of State AB applicant or recipient to be deemed to the applicant or recipient, the following shall apply:
   1. A. Determine the monthly gross earnings;
   2. B. From this amount, deduct $85;
   3. C. From the remainder, deduct one-half (1/2);
   4. D. From the remainder, subtract the mandatory deductions (withholding taxes, etc.);
   5. E. From the remainder, deduct $30 or the actual reasonable expenses of employment, whichever is greater; and, F. The remaining income of the applicant or recipient and/or deemed spousal income is the countable earned income and shall be subtracted from the standard of assistance.

3.460.521 Countable Earned Income of an AB/SSI-CS Applicant or Recipient and/or Spouse In determining the countable earned income of an AB/SSI-CS applicant's or recipients or spouse's income to be deemed to the applicant or recipient, the following shall apply:

1. A. $65 shall be subtracted from the gross earned income;
   1. B. The result shall be divided in half; and, C. The remaining income of the applicant or recipient and/or deemed spousal income is the countable earned income and shall be subtracted from the standard of assistance.

3.460.53 Countable Unearned Income of an AND/AB/SSI-CS Applicant or Recipient and/or Spouse In determining the countable unearned income of an AND/SSI-CS or AB/SSI-CS applicant's or recipient's or spouse's income to be deemed to the applicant or recipient, who receives SSI and/or other unearned income, the following shall apply

1. A. Determine the monthly gross unearned income;
   1. B. From this amount, deduct $20;
   2. C. The balance is the countable unearned income and shall be subtracted from the assistance standard.
   3. D. In the case of a couple, only one $20 disregard is allowed and is divided between the two individuals.

3.460.54 Other Sources of Unearned Income

1. An applicant or recipient receiving AND/SSI-CS or AB/SSI-CS, who does not receive another source of unearned income other than SSI, does not receive the $20 unearned income disregard.

3.460.55 $20 Unearned Income Disregard Not Applicable to State AND/AB

1. An applicant or recipient receiving State AND/AB is not eligible for the $20 unearned income disregard.
   1. A State AND/AB AND/AB/SSI-CS recipient living in an Adult Foster Care facility is not eligible to receive the $20 unearned income disregard.

3.461 CALCULATING THE AND/AB/SSI COLORADO SUPPLEMENT

1. If the Social Security Administration (SSA) is recovering any portion of the SSI payment of an applicant or recipient due to an overpayment of benefits, the Colorado Supplement will be calculated based on the gross SSI payment and not the received amount.

3.470 AND & AB GRANT DETERMINATION

3.470.1 PERSONS INCLUDED IN THE AND OR AB GRANT

3.470.11 Needs of the Applicant or Recipient [Rev. eff. 9/1/06]

1. AND and AB grants shall be computed on an individual basis. It shall include only the needs of the disabled or blind applicant or recipient.

3.470.2 COMPUTING THE GRANT AMOUNT

3.470.21 Determining the Grant Amount [Rev. eff. 9/1/06]

1. An applicant’s gross income must be less than the current grant standard. The county department shall determine the initial grant amount for an eligible applicant or recipient by the following:
   1. A. Take the gross monthly income available to the applicant;
   2. B. Add any non-recipient spouse/non-recipient parent (NRS/NRP) deemed income to the gross income of the applicant;
   3. C. Add the net income of the essential spouse, when the spouse is included in the grant, to the countable income of the applicant;
   4. D. This amount is the total countable income (TCI) of the applicant;
   5. E. Subtract the total countable income from the appropriate standard of assistance; and, F. Prorate the grant amount, beginning the day the applicant became eligible, through the end of the month.
   6. G. An initial grant beginning:
      1. 1. On the first day of the month shall be based on the full appropriate standard of assistance less countable income;
      2. 2. On any other day of the month shall be based on the appropriate standard of assistance, less countable income, prorated according to the number of days remaining in the month.

3.470.22 Application Processing [Eff. 9/1/06]

1. A face-to-face interview is mandatory when applying for State AND/AB and AND/AB/SSI-CS with the following exception: a telephone, mail in, or home visit shall be available for individuals that are disabled who cannot travel to the application site or for whom such travel would create a significant physical, medical, or mental hardship.

3.470.23 Eligibility Effective Date [Rev. eff. 9/1/06]

1. Eligibility begins with the date of application or the date the applicant or recipient meets all eligibility requirements, whichever is later. In the case of State AND and State AB, if the applicant or recipient is delayed in completing the paperwork and appointment process for SSI and/or the medical exam through no fault of the applicant or recipient, the date of application may be used as the date of eligibility.
   1. All eligibility requirements must be met in full before actual approval of the case.

3.470.24 Grant Payment Effective Date [Rev. eff. 9/1/06]

1. A. The initial adult financial grant payment shall be effective the date of the pending application or the day the applicant meets all eligibility criteria, whichever is later.
   1. B. An ongoing adult financial and/or adult medical case shall not have a delay in benefits when:
      1. 1. There is a current application or redetermination verifying eligibility; and, 2. All eligibility criteria have been met as described in this section.

3.470.25 Determination of Ongoing Grant Amount [Rev. eff. 9/1/06]

1. To determine the ongoing grant amount, the county department shall:
   1. A. Consider the gross monthly income available to the applicant;
   2. B. Subtract any appropriate disregards, depending on the program requirements;
   3. C. Add any NRS/NRP deemed income to the gross income of the applicant;
   4. D. Add to the countable income of the applicant the net income of the essential spouse when the spouse is included in the grant;
   5. E. This amount is the total countable income (TCI) of the applicant;
   6. F. Subtract the total countable income from the appropriate standard of assistance.

3.470.26 Maintaining Appropriation Limits [Rev. eff. 9/1/06]

The Department of Human Services shall manage the State AND/AB budget and the AND/AB/SSI-CS program budget to hold expenditures within the budget appropriation limits. This may include reducing or suspending grants for the necessary month(s) of each fiscal year. This decision is not appealable.

3.480 AID TO THE BLIND TREATMENT (AB-T) PROGRAM DEFINITIONS AND REQUIREMENTS

3.480.1 GROUPS ASSISTED UNDER THE AID TO THE BLIND TREATMENT (AB-T) PROGRAM

3.480.11 Eligibility

1. The Aid to the Blind Treatment program provides assistance to eligible applicants who are in need of eye surgery and/or treatment to prevent blindness or to restore sight and who do not meet the eligibility factors for a categorical assistance program that provides medical coverage or for eye treatment services under the State Rehabilitation Services program.

3.480.12 Income and Resources

1. An eligible applicant is one whose resources are at or below $2,000 for an individual and $3,000 for a couple, and whose income is insufficient to meet the necessary medical expenses.

3.480.13 Age Requirement for AB-T

1. There shall be no age requirement for Aid to the Blind Treatment.

3.480.14 General Requirements for AB-T

1. To receive Aid to the Blind Treatment, an eligible person shall:
   1. A. Be a citizen of the United States; or be an alien lawfully admitted for permanent residence in the U.S. (refer to the section “General Rules for Alien Status Verification” );
   2. B. Be a resident of Colorado;
   3. C. Not be an inmate of a public institution except as a patient in a public medical institution;
   4. D. Not be a patient of any institution admitted for tuberculosis or mental disease.

3.480.15 Referral

1. Prior to determining eligibility for the Aid to the Blind Treatment program, the individual shall be referred to the Division of Vocational Rehabilitation. If denied eye treatment services offered through the Division of Vocational Rehabilitation, eligibility for the State Aid to the Blind Treatment program shall be determined and Aid to the Blind Treatment services may be authorized.

3.480.16 Prior Authorization

1. Prior authorization under this program shall be subject to available appropriations. The State Department shall notify the State Board of Human Services and the county department within 30 calendar days of funds being fully expended.

3.480.2 AID TO THE BLIND TREATMENT (AB-T) PROCESSING STANDARDS

3.480.21 Documentation

1. For an applicant determined by the county department to be eligible and who is recommended for surgery, treatment, or subnormal vision aids, two copies of the State Department's prescribed AB- T form shall be:
   1. A. Mailed to the attending ophthalmologist; or, B. Mailed to the attending optometrist. Optometrists' services are limited to recommending subnormal vision aids.

3.480.22 Medical Report Form

1. The attending ophthalmologist or optometrist shall complete and return to the county department the State Department's prescribed medical report form giving the recommended treatment and estimated costs.

3.480.23 County Recommendation

1. The county department shall forward the forms to the Colorado Department of Human Services, Division of Vocational Rehabilitation, with recommendation for approval or denial completed by the attending physician for prior authorization of services.

3.480.24 Required Prior Authorizations

1. All of the following charges require prior authorization by the Colorado Department of Human Services, Division of Vocational Rehabilitation, on the State Department's prescribed medical report form:
   1. A. Hospital bills;
   2. B. Surgical fees;
   3. C. The assistant's fee;
   4. D. The anesthetist's fee;
   5. E. Corrective glasses when prescribed by the ophthalmologist or optometrist following eye operations;
   6. F. Glasses to prevent blindness or to restore sight;
   7. G. Drugs;
   8. H. Treatment fees;
   9. I. Charges for subnormal vision aids;
   10. J. Examination fees;
   11. K. Travel;
   12. L. Care in nursing home during treatment;
   13. M. Other necessary costs such as taxi expense to and from the hospital or doctor's office.

3.480.25 Payment

1. The ophthalmologist performing the operation or treatment shall accept, as payment in full, payment made under the AB-T program and shall not bill the patient for any supplemental charges except for those non-covered items or services not reimbursable under the AB-T program. The ophthalmologist's signature on the State Department's prescribed medical report form shall constitute certification.

3.490 ADMINISTRATIVE RULES - ELIGIBILITY FACTORS DETERMINATION

3.490.1 PROCESSING APPLICANT OR RECIPIENT DETERMINATIONS

3.490.11 Responsibility of County Department

3.490.111 Qualified Medical Personnel

1. The county department shall provide the applicant with the appropriate State Department's prescribed medical report form for completion by the examining physician, physician assistant certified in this state, an advanced practice nurse, or a registered nurse licensed in this state who is functioning within the scope of such nurse’s license and training. For purposes of this rule, the above list of medical personnel shall be called “qualified medical personnel” .

3.490.112 Inclusions on the State Department's Prescribed Medical Report Form

1. The State Department's prescribed medical report form shall be in accordance with the eligibility requirements of the specific category and include:
   1. A. Medical report(s); and, B. Determination of eligibility.

3.490.113 Completion of the State Department's Prescribed Medical Report Form

1. Medical reports for State AND shall be certified by qualified medical personnel. Qualified medical personnel, as defined in Section 3.490.111, and licensed psychologists bordering on Colorado, may be used for medical examinations when the nearest Colorado-based physician is located 20 or more miles from the applicant's or recipient's place of residence and the "out-of-state" qualified medical personnel or psychologist is closer. In addition to a physician, an applicant may be examined by other qualified medical personnel as defined in Section 3.490.111. The supervising physician, the physician or nurse who conducted the examination shall certify in writing upon the State Department's prescribed medical report form the diagnosis, prognosis, and other relevant medical or mental factors relating to the disability of the applicant. The State Department's prescribed medical report form for AB may be completed as to visual acuity by a licensed optometrist. Medical eye examinations for objective medical basis for blindness, (inclusive of visual acuity and both sides of the form) shall be completed by an ophthalmologist. Forms provided for authorization of and treatment of a recipient to prevent or correct blindness under the AB-T program shall be completed by an ophthalmologist.
   1. The initial exam/re-exam may be completed by a specialist in lieu of a general medical examination as determined appropriate for the applicant or recipient. An applicant or recipient to whom the State Department's prescribed medical form is given shall receive an explanation as to its importance as documentation concerning disability or blindness, promptness in securing necessary examinations, arrangements for payment of examination fee, the potential effects and process concerning delays, and other necessary explanations.

3.490.114 Social Setting

1. After the State Department's prescribed medical report form for State AND has been completed and is received by the county department, if necessary, the county department shall consider the social setting for the applicant as defined in Section 3.400.25, C.

3.490.115 Failure to Arrange for or Submit to Necessary Medical Examination

1. If the applicant or recipient fails to make arrangement for or submit to necessary medical examination within 45 calendar days following date of application, the county department shall consider such failure as evidence of desire to withdraw application or to have assistance terminated. The prior notice of adverse action form prescribed by the State Department shall be initiated in such instances.

3.490.116 Qualified Medical Personnel Bordering on Colorado

1. Qualified medical personnel, as defined in Section 3.490.111, and licensed psychologists bordering on Colorado may be used for medical examinations when the nearest Colorado-based physician is located 20 or more miles from the individual's place of residence and the "out-of- state" qualified medical personnel or psychologist is closer. The examining qualified medical personnel, as defined in Section 3.490.111, or psychologist shall be granted a mileage allowance in addition to the medical examination fee when such examination must be provided in the applicant's or recipient's home. Prior authorization shall be secured in such instances with mileage not in excess of 50 cents ($.50) per mile one way and for the distance the qualified medical personnel must travel in excess of five miles from the office or from the city limits, whichever is greater.

3.490.117 Completeness and Legibility of the State Department's Prescribed Medical Report Form The State Department's prescribed medical report form shall be reviewed for completeness and legibility and to determine whether the information submitted is in conflict with other medical data. In the event the form is incomplete, illegible, or missing information, correction shall be secured.

3.490.118 Special Examinations

1. Medical examination and vocational rehabilitation information shall be used in determining eligibility when available.
   1. The county department shall request special medical examinations or additional medical information as needed. In instances involving special examinations, the county department shall contact the recipient in order to explain the need for and securing of such medical evaluation. When such special examination cannot be secured at the local level, referral may be made to any public hospital or clinic that may be available.

      The county department shall contact the examining physician or other qualified medical personnel, as defined in Section 3.490.111, suggesting public hospitals or clinics for referral for diagnostic evaluation and appointment. Results of the special examination shall be forwarded to the county department for review and decision.

3.490.12 Responsibility of County Department to Re-determine Disability

3.490.121 Redetermination of Recipient's Disability

1. The county department shall re-determine the recipient's disability at the time designated on the initial examination or the last most recent redetermination. The redetermination shall be completed at six months or at such later time as designated by the county department.

3.490.122 Obtain New Medical Examination at Time of Redetermination

1. At the time of redetermination of disability, the county department shall obtain a new medical examination which indicates the recipient's current condition. The county department shall obtain a recipient release of information and send any prior medical findings to the examining physician or other qualified medical personnel as defined in Section 3.490.111. The physician or other qualified medical personnel shall be required to make a comparison of the recipient's current and past medical condition. If the recipient fails to make arrangement for or submit to the necessary medical reexamination within 30 days of the request, the county department shall initiate procedures to terminate assistance.

3.490.123 Terminating Assistance

1. In order to terminate assistance, the county department must determine that:
   1. A. There has been improvement in the recipient's medical condition as evidenced by the State Department's prescribed medical report form; or, B. The recipient's circumstances have altered sufficiently to warrant a determination that total disability has ceased; or, C. There was an administrative error in the prior disability determination.
   2. D. Discontinuation of assistance for other than income and resources shall be based on medical information provided on the State Department's prescribed medical report form.

3.490.124 Improvement in Recipient's Medical Condition

1. Improvement in the recipient's medical condition means that in comparison to the most recent disability determination, the physical or mental impairment(s) which prevented the recipient from engaging in a useful occupation, has decreased to the point that the recipient can now engage in a useful occupation. Such improvement may be demonstrated by medical evidence consisting of:
   1. A. Signs, symptoms or laboratory findings which demonstrate positive changes in the recipient's functional abilities; or, B. Signs, symptoms or laboratory findings which demonstrate that the affect of the impairment(s) on the recipient has decreased.

3.490.125 Alteration of Circumstances

1. A sufficient alteration of circumstances to warrant a determination that total disability has ceased may be demonstrated by:
   1. A. New medical evidence which shows that while the recipient's underlying condition may not have changed, advances in medical therapy or technology have reduced or eliminated the effect that the condition had on the recipient; or, B. New or improved diagnostic techniques or other medical evaluations show that the recipient's previously determined medical condition is not as serious as indicated at the time of the most recent disability determination; or, C. New evidence shows that while the recipient's underlying condition may not have changed, the recipient's vocational abilities have so improved through education or training that the recipient is able to engage in a useful occupation; or, D. Vocational opportunities for which the recipient has competence have become available in the community since the most recent disability determination; or, E. There has been a change in prognosis; or, F. The recipient has compensated or adjusted to the medical condition which enables the recipient to engage in a useful occupation; or, G. The State Department's prescribed medical report form indicates a total disability does not exist; or, H. The recipient's medical condition is correctable and the recipient refuses without good cause to obtain prescribed medical treatment to correct the condition. Good cause may include, but is not limited to:
      1. 1. Treatment is contrary to established teachings of the recipient's religion; or, 2. Surgery previously performed with unsuccessful results and the same surgery is again being recommended for the same impairment; or, 3. The treatment because of its magnitude (e.g. open heart surgery) or unusual nature (e.g. organ transplant) or other reason is very risky; or, 4. Cost of treatment is prohibitive or cannot be obtained through public funding.

3.490.126 Administrative Error

1. "Administrative error" means the prior determination of disability was clearly incorrect based on substantial evidence.

3.490.13 Responsibilities of the State Adult Financial Eligibility Unit

3.490.131 Administrative Monitoring of the State AND Program

1. The State Adult Financial Eligibility Unit shall monitor the administration of the State AND program. It shall offer technical assistance to a county department requesting such.

3.490.132 Fiscal Sanctions for Overdue Redeterminations

1. The State Department shall withhold or recover financial reimbursement to the county department concerning all cases in which redetermination forms are not completed by the dates due. Such fiscal sanction shall, in the absence of good cause finding, be initiated the month following the month in which overdue and for each month thereafter in which the overdue submittal continues.

3.490.133 Waiver of Fiscal Sanctions

1. The above-described fiscal sanction may be waived, upon showing of good cause by the county department including, but not limited to, physician's or other qualified medical personnel as defined in Section 3.490.111 non-return of the State Department's prescribed medical report form, acute illness of the recipient, or similar problems. In such circumstances, however, the county department shall be responsible for appropriate follow-up to correct the reason for delay.

3.490.2 ALLOWABLE MAXIMUM FOR MEDICAL EXAMINATION, TREATMENT, AND OTHER FISCAL

1. PROVISIONS

3.490.21 Payment for Medical Examinations

1. The county department shall authorize payment for examinations for State AND/AB medical determination examinations. Fees and costs shall be reimbursed to the county department at the rate of up to $22.50 maximum for general examinations and up to $75 maximum per special examination.

3.490.22 Negotiated Fees

1. The county department shall negotiate the fee with providers within the prescribed maximum as stated in Section 3.490.21, provide appropriate forms, and shall make such payments in a timely manner.

3.490.23 Billings for Aid to the Blind Treatment Program

1. The billings for AB-T shall be reviewed and authorized by the State Department.

3.490.24 Negotiated Fees are Payment in Full

1. Providers shall accept fees for services as negotiated as payment in full. No individual applicant or recipient shall be assessed any additional or supplementary fee.

3.491 AID TO THE NEEDY DISABLED MEDICALLY CORRECTABLE PROGRAM

3.491.11 Program Participants

1. The Medically Correctable program is designed to identify State Aid to the Needy Disabled (AND) recipients who have medically correctable conditions and who are ineligible for SSI since the disability is not considered to last twelve months or more. The Medically Correctable program will pay for medical procedures for individuals accepted to participate in this program within State Department appropriations. Standards for services are based upon least costly medical treatment and high potential to return to work.

3.491.12 Participants in this program shall be subject to available appropriations. The Executive Director of the Department of Human Services shall manage the Medically Correctable 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., that 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 Medically Correctable 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 Medically Correctable client.