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RULEMAKING PACKET

|Type of Rule: (complete a and b, below) |

|a. |X |Board | |Executive Director |

| | | | | |

|b. | |Regular |X |Emergency |

This package is submitted to State Board Administration as: (check all that apply)

|X |AG Initial Review |

| |New |

| |Repealed |

| X |Reviewed |

|What month is being requested for this rule to first go before the State Board? |September |

| | |

|What date is being requested for this rule to be effective? |10/1/2019 |

|Is this date legislatively required? |yes |

I hereby certify that I am aware of this rule-making and that any necessary consultation with the Executive Director’s Office, Budget and Policy Unit, and Office of Information Technology has occurred.

Office Director Approval: ____________________________________________ Date: ___________

|REVIEW TO BE COMPLETED BY STATE BOARD ADMINISTRATION |

|Comments: |

| |

| |

| | | | |

|Estima|1st Board |

|ted | |

|Dates:| |

| |to preserve public health, safety and welfare |

Justification for emergency:

The updated Federal Poverty Levels and State Median Income levels must be in effect at the beginning of the federal fiscal year, October 1st, in order to comply with federal regulations.

State Board Authority for Rule:

|Code |Description |

|26-1-107, C.R.S. (2019) |State Board to promulgate rules |

|26-1-109, C.R.S. (2019) |State department rules to coordinate with federal programs |

|26-1-111, C.R.S. (2019) |State department to promulgate rules for public assistance and welfare activities. |

Program Authority for Rule: Give federal and/or state citations and a summary of the language authorizing the rule-making function AND authority.

|Code |Description |

| | |

|26-2-805, C.R.S. (2019) |State Board to promulgate rules to implement the CCCAP statutes |

| 45 CFR 98.42, section 658E(c)(5) |Child Care Development Block Grant Act (2014) |

| | |

|Does the rule incorporate material by reference? | |Yes | |X |No |

|Does this rule repeat language found in statute? | |Yes | |X |No |

| | | | | | |

|If yes, please explain. | |

REGULATORY ANALYSIS

1. List of groups impacted by this rule.

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

Counties who administer CCCAP will benefit from the rule, ensuring that eligibility is correctly being determined.

Households receiving CCCAP will have their eligibility correctly determined under the new income amounts.

2. Describe the qualitative and quantitative impact.

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

If income levels are not updated, the Department will not be in compliance with federal requirements. Additionally, families applying for services will not be determined eligible under the correct income guidelines if the income levels are not put into effect by October 1, 2019.

3. Fiscal Impact

For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources. Answer should NEVER be just “no impact” answer should include “no impact because….”

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

No fiscal impact to the state as the changes in CHATS are covered under standard operations.

County Fiscal Impact

Counties may see a fiscal impact if we do not promulgate this rule package immediately as families that have lost benefits may be able to appeal under the new federal guidelines.

Federal Fiscal Impact

No federal fiscal impact.

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

4. Data Description

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

LIHEAP-IM-2019-01: Memo on FFY20 Federal Poverty Guidelines, published February 1, 2019

LIHEAP-IM-2019-02: Memo on FFY20 State Median Income Estimates, published August 7, 2019

5. Alternatives to this Rule-making

Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative. Answer should NEVER be just “no alternative” answer should include “no alternative because…”

There are no alternatives to this rule making because the Department will be out of compliance with federal law if the amendments are not passed.

OVERVIEW OF PROPOSED RULE

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

|Page # |New Rule # |Current Rule # |Status (i.e., new, |Changes/Description |Public Comment |

| | | |clarification, technical,| |Y/N |

| | | |repeal) | | |

STAKEHOLDER COMMENT SUMMARY

Development

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

Emergency rule package based on FFY 2020 Federal Poverty Guidelines and State Median Income Estimates

This Rule-Making Package

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

Office of Early Childhood (OEC) PAC & Sub-PAC will be informed of the emergency rule making strategy at the September meeting.

Other State Agencies

Are other State Agencies (such as HCPF or CDPHE) impacted by these rules? If so, have they been contacted and provided input on the proposed rules?

| |Yes |X |No |

If yes, who was contacted and what was their input?

Sub-PAC

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

| |Yes |X |No |

|Name of Sub-PAC |CDHS Early Childhood Sub-PAC |

|Date presented | |

|What issues were raised? |None |

|Vote Count |For |Against |Abstain |

| | | | |

|If not presented, explain why. |Will be presented to Sub-PAC in September |

PAC

Have these rules been approved by PAC?

| |Yes |X |No |

|Date presented | |

|What issues were raised? |None |

|Vote Count |For |Against |Abstain |

| | | | |

|If not presented, explain why. |Will be presented to PAC in September. |

Other Comments

Emergency rule package was not released for public comment. The rule packet will be released for public comment before final adoption.

DEPARTMENT OF HUMAN SERVICES

Income Maintenance (Volume 3)

COLORADO CHILD CARE ASSISTANCE PROGRAM

9 CCR 2503-9

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

3.900 COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)

3.905.1

H. Low-Income Eligibility Guidelines

2. Effective October 1, 2018 2019, monthly gross income levels, for one-hundred percent (100%) as well as eighty-five percent (85%) of state median income for the corresponding household size are as follows:

|Family Size |100% Federal Poverty Guideline (FPG) |85% State Median Income (SMI) (State and Federal Maximum |

| | |Income Limit) |

|1 |$1,011.67 $1,040.83 |$3,360.16 $3,519.20 |

|2 |$1,371.67 $1,409.17 |$4,394.05 $4,602.04 |

|3 |$1,731.67 $1,777.50 |$5,427.95$5,684.87 |

|4 |$2,091.67 $2,145.83 |$6,461.84 $6,767.70 |

|5 |$2,451.67 $2,514.17 |$7,495.74 $7,850.53 |

|6 |$2,811.67 $2,882.50 |$8,529.63 $8,933.36 |

|7 |$3,171.67 $3,250.83 |$8,723.49 $9,136.40 |

|8 |$3,531.67 $3,619.17 |$8,917.34 $9,339.43 |

|Each Additional person |$360.00 $368.33 |$193.86 $203.03 |

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