CAFCA Public Policy Committee Minutes

August 15, 2006

Members present: Committee Chair Cyndi Dodds (Namaqua Center), Catherine Hoich (Arapahoe House),  Ruth Ann Russell (Family Tree), Susan Krill-Smith (Synergy), Tami Lack (Third Way Center), Fofi Mendez (Mendez Steadman) and Susannah Carroll, Katie Mason and Peg Long (CAFCA).

The meeting was called to order at 12:10 pm by Cyndi Dodds.

2007 Legislative Agenda

Expanding Child Care Tax Credit - CAFCA has begun work on expanding eligibility for the child care tax credit to include child care facility programs that serve children ages 13-18. Currently the credit is allowed only for those programs/services provided to children age 12 and under. Senator Moe Keller has advised us of a potential negative impact on the state's ability to increase revenue up to the allowed 6% TABOR limit if tax credits of any kind are expanded.  Peg is surveying residential providers to determine fiscal impact. Fofi has contacted Senator Brandon Shaffer (D) as a potential sponsor.

Amendment to Notice Provision in Expedited Voluntary Relinquishment statute – this bill would clarify a CPA’s responsibilities to the birth father when the administrative notice requirements are met. Senator Paula Sandoval (D) will be contacted to sponsor this bill.

Adoption/Children’s Code – this bill would remove the prohibition on adoption of a child by a convicted felon if the felony could have been expunged. Representative Terrance Carroll (D) will be contacted to sponsor this bill.

HB 05-1084 amendments – CDHS has expressed a desire to amend the RTC bill, brought by CAFCA in 2005, given the intervening reforms mandated by Medicaid.  CAFCA has expressed a willingness to consider changes for this reason but will reserve its position until amendments have been drafted and reviewed.

HB 06-1395 Supplemental Process – Fofi clarified that the CDHS supplemental requests permitted by this bill that created PRTFs and TRCCFs could be brought to the JBC prior to the legislative session. However, any requested increases or decreases in funding for these programs would require passage of a bill by the General Assembly. She will find out if funds can be spent prior to action by the GA. Below-projected fee-for-service billings may drive the need for a supplemental.  Fofi has also asked the JBC to look at IV-E maintenance figures to determine if these maximize federal draw downs. Eric Myers has moved to the Department of Revenue and is no longer the child welfare JBC analyst. Amanda Bickel and Carolyn Kampman will fill in until a replacement is selected.

HCPF/Medicaid Update

Although HCPF confirmed that foster children are exempt from passive enrollment, providers are reporting problems with getting medications filled and obtaining medical care for children in residential placement. It is believed that these children may have inadvertently been passively enrolled in a HMO.  For assistance with problems related to medical coverage for children in foster care or residential care, CAFCA members are asked to contact Craig Gurule in HCPF at: 303 866-2416 or at craig.gurule@state.co.us.

Rules Update

Volume VII (CDHS) rules for SFY 2006-07 TRCCF rates & methodology were heard on August 4^th.  CDHS essentially put the 6/27 Agency letter (as amended by the 7/17/06 correction in the provider increase) into rule with language prohibiting ANY appeal of the rates except for mathematical errors.

Volume VIII (HCPF) emergency rules for PRTFs and TRCCFs were heard for final adoption at the Medical Services Board on August 11^th.  The most significant development was the addition of language prohibiting personal restraints in the prone position in PRTFs.  Peg distributed her notes from the hearing, which have been emailed to all CTS committee members. (If you did not receive these and would like them, let Peg know.) Perry May of Deveruex Cleo Wallace, Skip Barber and Peg all testified against a complete ban of this practice. The MSB and HCPF both encouraged CAFCA to develop a white paper reflecting current research on restraints and medical opinion on their use to further the board’s knowledge of restraint practices and to reopen discussion regarding modifications of the regulatory ban. The rules contained a number of amendments requested by providers at the June initial rules hearing.

The MSB also took final action on the emergency rules for Outpatient Substance Treatment, developed pursuant to HB 05-1015. Peg testified on these rules that the Department confirmed in writing (via a Jenny Nickerson email) that when Certified Addictions Counselors (CACs) II and III provide treatment services within an ADAD licensed facility, the facility can bill Medicaid for their services.

SAFE Assessment Implementation Issues

A small group of CAFCA CPAs (child placement agencies) met with staff from CDHS regarding ambiguities and protocols for implementation of the mandated Structured Analysis Family Evaluation of prospective foster parents and adoptive parents. CDHS agreed the were rules somewhat ambiguous and will work with CAFCA to develop clarifying amendments to go to the CDHS board in October. Some clarifications will be addressed in an Agency letter.

Public Policy Strategic Plan Activities for 2006

Susannah reported that the training for 501(c)(3) nonprofits on permissible campaign activities will be held Wednesday, September 20^th, 4:30-6:30 p.m. at the Parkside Mansion in Denver. Co-sponsors of this event include CAFCA, the League of Women Voters, Every Child Matters and the Colorado Nonprofit Association. Gubernatorial candidate forums will be scheduled at DU. Bob Beauprez has committed to appear at one forum and we are hoping that Bill Ritter will agree to appear at another. CAFCA will send details of all events to members.  The Bawmann Group has been asked to conduct a Child Welfare survey of members and external agencies. Results of this survey will be presented to the CAFCA board in September and will be used to develop a strategic plan for CAFCA as well as potential trainings.

Old Business

Ruth Ann asked for guidance on what providers should be doing in response to passage of HB 06-1151, the bill that adds emotional abuse to the definition of felony child abuse. Peg and Fofi recalled that the bill amends only Title 18, the Criminal Code, and does not alter the Title 19 Children’s Code definition of child abuse or the reporting requirements.  A review of the bill following the meeting confirmed that this is true.  Prosecutors will now have the ability to file charges of emotional abuse when investigating matters involving criminal child abuse. Provider responsibilities remain unchanged.

New Business

None

Meeting adjourned at 1:37 pm.

Respectfully submitted,

Peg Long