9 CCR 2503-6-3.600 - COLORADO WORKS PROGRAM [Rev. eff. 3/1/2022]

3.600.1 Performance Contract

County departments shall enter into a performance contract with the State Department, which may be called a memorandum of understanding (MOU), regarding the delivery of Colorado Works programming. This contract will outline performance measures that the county department is required to meet.

3.600.2 County Policies

County departments shall submit the following county policies to the State Department for review and approval. The State Department is responsible for reviewing and approving county policies, assuring that all counties are complying with all federal and State statutes and regulations. After approval by the State Department, the county department shall have their State approved policies signed by their county board of commissioners or the board's designee and provide a signed copy back to the State Department. The State Department will communicate, in advance, when a change to the list of required policies is made. Counties who do not provide signed county policies within the timeframe required by the State Department will operate under these broad State rules and default to the State defined polices.

The following policies are required:

A. Diversion

B. County Approved Settings

C. Workforce Requirements and Employment Outcomes

D. Disaster Assistance

E. Domestic Violence

F. Other Assistance and Supportive Payments

G. Hardship Extensions

H. Substance Abuse (only required if practiced)

County departments should regularly review their Colorado Works policies to ensure alignment with current county practice.

3.600.3 Contracting

3.600.31 Private Contracting

The Board of County Commissioners may contract all or part of the Colorado Works program operation to private or public providers. They may also choose to contract out the provision of goods or services to Colorado Works (CW) eligible persons/families.

A. Prior to initiating a contract with a provider, the county shall:

1. Verify that the provider has not been debarred or suspended or otherwise found to be ineligible for participation in federal assistance programs by consulting the ineligible parties list at http://www.epls.gov.

2. Determine if the provider is acting as a sub-recipient and is therefore subject to OMB Circular A-133 (2003) and expanded auditing and oversight requirements. No later editions or amendments are incorporated. This circular is available at no cost from the U.S. Government Publishing Office at 732 North Capitol St., N.W., Washington, D.C. 20002, or at

https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/a133/a133.pdf. These regulations are also available for public inspection and copying at the Colorado Department of Human Services, Office of Economic Security, 1575 Sherman St., Denver, CO 80203, during regular business hours.

B. All contracts shall:

1. Specify the Temporary Assistance for Needy Families (TANF) purpose(s) that is served and/or supported, as outlined in the Code of Federal Regulations at 45 CFR 260.20 (2021). No later editions or amendments are incorporated. These regulations are available at no cost from the U.S. Department of Health and Human Services at 200 Independence Ave., S.W., Washington D.C. 20201, or at https://www.ecfr.gov/. These regulations are also available for public inspection and copying at the Colorado Department of Human Services, Office of Economic Security, 1575 Sherman St., Denver, CO 80203, during regular business hours.

2. Approximate, with reasonable certainty, the number of CW eligible persons to be served and include the method used to calculate this number. This number and the calculation used must be documented and made available upon request by the State Department for audit purposes.

3. Outline the provider's eligibility verification process to ensure that goods and services are provided to CW eligible persons/families.

4. Explain how the costs for the goods/services are calculated.

5. Prohibit supplantation.

6. Include a regular accounting of activities and costs at least twice a year.

7. Clarify that all expenditures for goods, services, or start-up funds be documented with a purchasing document.

8. Ensure that the agency has the ability to clearly identify CW eligible individuals from others in situations where an agency receives funding from multiple sources.

9. Outline specific and measurable performance goals for the contract.

10. Require, if the county chooses to, that a client apply for CW, sign a written agreement, or complete an Individualized Plan.

11. Ensure that a HIPPA agreement is signed and on-file in instances where the provider will obtain protected health information. All other contracts must ensure reasonable expectations for the provider to keep client information confidential and secure.

12. Complete an audit in instances where the county is contracting $750,000 or more in CW funds during the fiscal year, in compliance with OMB Circular A-133, as incorporated by reference in section 3.600.31.a.2.

C. Some contracts may be classified as a community resource investment contract pursuant to Section 26-2-707.5(1), C.R.S. These contracts do not require clients to complete an application, a written agreement, or Individualized Plan, though the county may continue to require such documentation per their own individual contracting procedures.

Community resource investment contracts shall meet all contract requirements as outlined above in section 3.600.31 and shall:

1. Include the purpose of the contract and investment in the community.

2. Specify the income eligibility standards that are used.

3. Outline the county's dispute resolution process if it differs from that outlined in section 3.609.6.

3.600.32 County Contract with Religious Organizations

Counties may contract with religious organizations for the payment of cash assistance or provision of services. If the individual objects to being served by the religious organization chosen as a contractor, the county must provide alternative means for the individual or family to receive benefits, assistance, or services. Contract agencies providing services to individuals must have the ability to provide services that are equitable and make all services available offered to every client.

3.600.4 State Flexibility for Pilot Programs

Nothing in these rules prohibits the State Department from piloting programs to serve the TANF population within the bounds of federal regulations for the program. Pilot programs may be offered at the State level or in partnership with one or more county departments. Pilot programs may be designed to serve a subset of clients based on broad-based eligibility factors and may have different eligibility criteria than listed in this rule volume.

3.600.5 Program Review and Oversight

County department supervisory personnel and/or quality assurance staff shall review eligibility determinations (certifications, denials, and/or pending cases) monthly. Supervisory personnel and/or quality assurance staff shall:

A. Review a minimum number of cases, including specific programs and/or actions, per month as outlined annually by the State Department based on the county department's Colorado Works caseload size. The State Department will notify the county of the minimum number of cases to be reviewed.

The county may elect to:

1. Create a plan to pull a random sample that includes at least the minimum number of Colorado Works cases set forth by the State Department and submit that plan to the State for approval.

2. Use the State prescribed random sample.

B. Determine the correctness of eligibility determinations;

C. Ensure correction of any errors within ten (10) business days or the time frame specified within the approved review plan;

D. Maintain a record of the cases reviewed for audit purposes, including audit results and any required actions taken by the county. County departments must keep case file reviews for a minimum of three (3) years; and;

E. Report these results and actions to the State on a monthly basis via the state prescribed process.

Notes

9 CCR 2503-6-3.600

37 CR 17, September 10, 2014, effective 10/1/2014 38 CR 11, June 10, 2015, effective 7/1/2015 38 CR 15, August 10, 2015, effective 9/1/2015 38 CR 23, December 10, 2015, effective 1/1/2016 39 CR 19, October 10, 2016, effective 11/1/2016 40 CR 03, February 10, 2017, effective 2/14/2017 40 CR 17, September 10, 2017, effective 10/1/2017 41 CR 15, August 10, 2018, effective 9/1/2018 40 CR 23, December 10, 2017, effective 12/30/2018 43 CR 01, January 10, 2020, effective 1/30/2020 43 CR 13, July 10, 2020, effective 8/1/2020 43 CR 23, December 10, 2020, effective 1/1/2021 44 CR 21, November 10, 2021, effective 3/1/2022 45 CR 03, February 10, 2022, effective 3/2/2022 45 CR 13, July 10, 2022, effective 6/3/2022 45 CR 15, August 10, 2022, effective 8/30/2022 46 CR 09, May 10, 2023, effective 6/1/2023