December 15, 2018
Pursuant to C.R.S. 26-2-122,4, we are respectfully requesting the repeal of Colorado Revised Statutes 26-2-122.4 on August 15, 2019. On January 1, 2011, a law was passed (House Bill 10-1146) which stopped people from receiving both Home and Community Based Services (HCBS) and Home Care Allowance (HCA). On March 22, 2012, another law was passed (House Bill 12-1177) which created the Home Care Allowance Grant Program, referred to in rule as Special Populations Home Care Allowance (SP-HCA). The SP-HCA program was a short term program due to stop on July 1, 2017 but was extended by House Bill 17-1045 on June 5, 2017. This bill extended the program indefinitely, except that the program will be repealed one year after the state has established a consumer-directed support service delivery option for providing homemaker, personal care, and medical support services for individuals who are receiving HCBS on the Supported Living Services (SLS) waiver under Medicaid. Effective August 15, 2018, this service delivery option was made available to individuals receiving services through SLS.
Based on the availability of the consumer-directed support service delivery option, we request the repeal of Colorado Revised Statutes 26-2-122.4 on August 15, 2019, which is one year after the date the option was made available. This request is being resubmitted to correct the repeal dates stated in the prior letter dated September 24, 2018.
Reggie Bicha, Executive Director, Colorado Department of Human Services
Kim Bimestefer, Executive Director, Colorado Department of Health Care Policy & Financing