Apr 5, 2024

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CCLP’s legislative watch for April 5, 2024

by | Apr 5, 2024

Note: This article is updated periodically to include status changes and new bills. The bills that are bolded are CCLP priority bills. Much of this information comes from the bills’ direct pages on the Colorado General Assembly’s website and internal research. All bills given below are in support positions unless they are otherwise indicated. To follow along with where the bills are in the process, check out CCLP’s Bill Tracker. Last updated 4/16/2024.

Intro

For the 2024 legislative session, CCLP identified five policy areas where the opportunity exists to make real change, in partnership with other advocacy groups, community members, legislators, and state leaders. These priorities include: expanding access to justice by supporting Coloradans in having the tools to assert their rights, preserving affordable communities by supporting housing initiatives that are centered in community priorities and furthering a path toward continued affordability, removing administrative burden by reducing unnecessary hurdles so Coloradans can get their needs met, reducing health care costs by keeping the health care industry accountable, ensuring care and coverage for the public good, and through supporting progressive tax and wage policies that boost the incomes of working families. The bills CCLP is keeping its eye on are provided below.

Expanding access to justice

HB24-1133, Criminal Record Sealing & Expungement Changes, is a Clean Slate clean-up and implementation bill. It allows persons arrested in cases of mistaken identity to petition the court if the arresting agency has not expunged it. It creates an automated process to seal certain nonconvictions that occurred prior to 2022. As of 2022, people could get many of those nonconvictions sealed immediately. CCLP co-led the passage of the original Colorado Clean Slate Act in 2022 with Healthier Colorado and Interfaith Alliance. CCLP, Healthier Colorado, and Expunge Colorado are leading this year’s bill as well. CCLP’s Deputy Director, Bethany Pray, and one of CCLP’s Policy Fellow’s, Milena Castaneda, provided testimony in support of the bill. You can learn more about HB24-1133 at CCLP’s 2024 Legislative priorities page.

HB24-1286, Equal Justice Fund Authority, would support civil legal aid organizations helping Coloradans with legal problems that threaten basic necessities, including those involving food, shelter, utilities, and necessary medical care, and helps those facing domestic violence. The funds would be generated from a small increase to civil court filing fees. CCLP, along with Colorado Legal Services, Colorado Access to Justice Commission, Community Economic Defense Project, and Rocky Mountain Immigrant Advocacy Network brought the bill forward as the need for legal services funding continues to grow in Colorado. Colorado Access to Justice Commission released a special report on legal aid funding in the west, which found that Colorado ranks tenth among 14 western states in state funding for legal aid – you can read the report here. As a CCLP priority bill, CCLP’s Executive Director, Lydia McCoy, provided testimony in support of this bill which can be read here. CCLP’s Legal Director, Katie Wallat, also provided testimony in support of this bill.  You can learn more about HB24-1286 at CCLP’s 2024 Legislative priorities page. Other bills CCLP is supporting in expanding access to justice:

Removing administrative burden

SB24-116, Discounted Care for Indigent Patients, is a clean-up bill from the original Hospital Discounted Care legislation. The law requires a health-care facility to screen patients for eligibility for public health insurance programs. This year’s bill concerns health-care billing for indigent, or low-income, patients receiving services not imbursed through the Colorado Indigent Care Program (CICP). We are making sure that people can access discounted care in urban and rural communities. CCLP is co-leading this bill with Colorado Consumer Health Initiative, both of which are original organizers of the 2021 bill. Bethany Pray provided testimony in support of this bill. Learn more about SB24-116 at CCLP’s 2024 Legislative priorities page.

HB24-1035, Modernize Health Benefit Exchange Governance, would provide technical modifications to the laws governing the Colorado health benefit exchange, and modify the criteria for membership on and the number of meetings of the Colorado health insurance exchange oversight committee, adjust the timeline for certain reports and presentations regarding the operations of the exchange, and direct the exchange to annually present its financial and operational plans and major board actions to the committee. This bill was signed into law by the governor on April 4, 2024. Other bills CCLP is supporting in removing administrative burden:

  • SB24-093, Continuity of Health-Care Coverage Change, would allow a continuation of health-care benefits during the transition to a new health benefit plan when the enrollee’s health-care provider does not have a contract with the new health insurance carrier. Bethany Pray provided testimony in support of this bill, which can be read here. This bill was signed into law by the governor on April 4, 2024.
  • HB24-1229, Presumptive Eligibility for Long-Term Care, would remove the requirement to fully assess a person in need of long-term services and supports before the person is presumed eligible for the medical assistance program.
  • HB24-1360, Colorado Disability Opportunity Office, would create this Office to provide guidance to the governor and state agencies on matters related to people with disabilities, and implement a statewide strategy to facilitate full societal integration by investing in the success of individuals with disabilities.
  • HB24-1399, Discounted Care for Indigent Patients, would reduce administrative barriers for Hospital Discounted Care customers because patients won’t have to provide information and documentation for Hospital Discounted Care and Colorado Indigent Care Program (CICP), which would go in effect in 2025.
  • HB24-1400, Medicaid Eligibility Procedures, would allow the state to continue to use the Public Health Emergency unwind specific waiver authority known as 14E authority, to utilize flexibility in the eligibility renewal processes.

Preserving affordable communities

Half of Coloradans pay more than 30% of their income for rent. Almost one in every four Coloradans use half of their income for rent. [1] SB24-064, Monthly Residential Eviction Data & Report, would provide aggregate data on those who are being evicted. CCLP’s Income and Housing Policy Director, Charles Brennan provided written testimony in favor of this bill, which you can read here.

HB24-1294, Mobile Homes in Mobile Home Parks, is a CCLP priority bill. It would provide greater transparency in “Rent to Own” agreements, provide greater language access for limited-English proficient residents, create efficiencies in the dispute resolution and enforcement program, clarify enforcement of park rules and regulations, ensure notices and park meetings are accessible, and other technical corrections to the original Mobile Home Park Act. CCLP is co-leading this bill with Colorado Poverty Law Project and Voces Unidas Action Fund, and Charles Brennan provided testimony in support of the bill.  Learn more about HB24-1294 at CCLP’s 2024 Legislative priorities page. Other bills CCLP is supporting in preserving affordable communities:

  • SB24-032, Methods to Increase the Use of Transit, concerns methods to increase the use of transit by creating a statewide transit pass exploratory committee to produce a viable proposal for a statewide transit pass, and other programs like ozone season transit grant program, youth fare free transit grant program, and income tax credit for the purchase of a transit pass.
  • SB24-094, Safe Housing for Residential Tenants, would add timelines and clarify court processes regarding enforcement of Warranty of Habitability laws which sets basic living and safety standards for residential premises.
  • SB24-184, Support Surface Transportation Infrastructure Development, would support the development of surface transportation infrastructure and provide funding and operational flexibility needed to support the development of transit and train infrastructure. It would provide transportation services to new Transit-Oriented Development projects, thus reducing drivers on the road and pollution, and lowering the cost of living by improving access to affordable transportation options.
  • HB24-1007, Prohibit Residential Occupancy Limits, would prohibit local governments from establishing residential occupancy limits based on familial relationship, but does allow them to implement residential occupancy limits based on demonstrated health and safety concerns. This bill was signed into law by the governor on April 15, 2024.
  • HB24-1057, Prohibit Algorithmic Devices Used for Rent Setting, would prohibit the practice setting rents by algorithms, such as factoring in average area rents, the percentage of vacant units, etc.
  • HB24-1098, Cause Required for Eviction of Residential Tenant, would require cause – such as nonpayment of rent or substantial lease violations – for a landlord to not renew a lease and proceed with an eviction. Charles Brennan also provided testimony in favor of HB24-1098.
  • HB24-1175, Local Governments Rights to Property for Affordable Housing, would allow a local government right of first refusal or offer to purchase qualifying multifamily property for the purpose of providing long-term affordable housing or mixed-income development.
  • HB24-1318, Modify Rental Premises Person with Disability, would remove the provision that allows a landlord to ask for conditional permission for a modification on the renter agreeing to restore the interior of the premises, as it is discriminatory against individuals with disabilities.
  • HB24-1322, Medicaid Coverage Housing & Nutrition Services, would direct the department of health care policy & financing to conduct a feasibility study to determine whether to seek federal authorization to provide services that address Medicaid members’ health-related social needs, such as housing and nutrition related services.

Progressive tax and wage policies

HB24-1084, Repeal & Reenact Earned Income Tax Credit Increase, was a legal fix to the passage and enactment of House Bill 23B-1002, which increased the amount of the state EITC for 2023 from 25% to 50% of the amount of the federal EITC as a TABOR refund mechanism for the 2022-23 state fiscal year. This bill was signed into law by the governor on January 31, 2024. HB24-1134, Adjustments to Tax Expenditures to Reduce Burden, proposes a permanent Earned Income Tax Credit (EITC) Expansion to extend and maintain a federal match at 50% of the federal credit rather than the 20% of the federal EITC that will otherwise return in future years. The bill would also blend the state Child Care Tax Credit and the Low Income Child Care Tax Credit. CCLP’s Emeritus Advisor, Chaer Robert, provided testimony in support of the bill and you can read it here.

Pay transparency for app-based gig workers and customers is again on the table with SB24-075, Transportation Network Company Transparency. What do different tasks pay? How far is the drive? How much was tipped within an app are important determinants of whether a job task is desirable or viable. Transparency about why workers might be blocked from the app and having an appeal process for potential reinstatement are basic elements of minimal job quality. Other bills CCLP is supporting in progressive tax and wage policies:

  • SB24-040, State Funding for Senior Services, would add $5 million and an automatic inflation adjustment to Older Coloradans Act funding. This funding helps older adults remain in their homes and thrive, with locally determined services including meals on wheels, congregate meals, home health services, and the like.
  • HB24-1008, Wage Claims Construction Industry Contractors, would make contractors in the construction field liable for wages not paid to workers working for their subcontractors.
  • HB24-1052, Senior Housing Income Tax Credit, would renew for one year a refundable tax credit for seniors who are renters, or otherwise ineligible for the Senior Homestead Exemption.
  • HB24-1095, Increasing Protections for Minor Workers, would increase penalties for violations of the “Colorado Youth Employment Opportunity Act of 1971” and require that the penalties be deposited into a wage theft enforcement fund. Entities that violate the act must also pay specified damages to the individual who is aggrieved. Learn more about child labor laws across the country in Economic Policy Institute’s Working Economic Blog, Child labor remains a key state legislative issue in 2024.
  • HB24-1129 – Protections for Delivery Network Company Drivers, would require a delivery network company, such as Doordash, UberEats, and the like, to provide various disclosures to its drivers and to consumers of the company regarding payments that a consumer makes to the company and the amount the company then pays to a driver. Charles Brennan testified in support of the bill.
  • HB24-1148, Amending Terms of Consumer Lending Laws, would amend the Colorado “Uniform Consumer Credit Code” to change the terms and interest rates an institution that is not a bank, credit union, or deals with savings and loans, may charge in a consumer credit transaction.
  • HB24-1288, Earned Income Tax Credit Data Sharing, would allow data sharing between state agencies. It would also require the creation of a pilot program to assist residents who have not filed a federal income tax return for the 2022 income tax year in claiming the EITC for that same year. This would put more money in the pockets of those who need it most.
  • HB24-1297, Baby Bonds Program Study, would create a study regarding the creations of a baby bonds program through which the state would deposit a specified amount of money into a public trust account for an eligible child who may use the money and its earnings for certain eligible uses upon turning 18 years old.
  • HB24-1311, Family Affordability Tax Credit, would create a progressively structured TABOR refund mechanism available only in years of TABOR excess revenue. This would provide families with additional funds. The tax credit reduces child poverty, as had happened under the federal child tax credit temporary expansion during the pandemic.

Reducing health care costs

SB24-080, Transparency in Health-Care Coverage, requires insurers to have an online consumer facing tool to provide prices based on cost sharing. Bethany Pray provided testimony in support of this bill. HB24-1066, Prevent Workplace Violence in Health-Care Settings, the bill would enact the “Violence Prevention in Health-care Settings Act”, providing methods to prevent workplace violence in certain health-care settings. Milena Castaneda provided testimony in support of this bill. Other bills CCLP is supporting in reducing health care costs:

  • SB24-001, Continue Youth Mental Health Services Program, would continue the program established by HB21-1258, also known as “I Matter”, as it is scheduled to be repealed on June 30, 2024.
  • SB24-007, Behavioral Health First Aid Training Program, would create a behavioral health first aid training program in the office of suicide prevention.
  • SB24-117, Eating Disorder Treatment & Recovery Programs, deals with protections for individuals with an eating disorder, and requiring an eating disorder treatment and recovery facility to hold an appropriate designation and requiring the behavioral health administration to regulate the use of involuntary feeding tubes.
  • SB24-175, Improving Perinatal Health Outcomes, would require doula care services to be covered under health benefit plans – individual, small, and employer-based. Coverage will mirror doula care benefits that the Department of Health Care Policy and Financing is currently trying to afford through Medicaid once federal authorization is granted.
  • HB24-1040, Gender-Affirming Health-Care Provider Study, which would require the department of public health and environment to conduct a gender-affirming health-care provider study. Unfortunately, this bill was postponed indefinitely on April 2, 2024.
  • HB24-1075, Analysis of Universal Health-Care Payment System, would take another step for the single-payer approach to health care coverage, authorizing Colorado School of Public Health to conduct an analysis of various legislative proposals establishing a statewide single-payer universal health care system, with an advisory committee of stakeholders in named sectors and roles.
  • HB24-1113, Credit for Paid Health Insurance Deductible, would have required an individual’s, whose health insurance carrier exits the health insurance market and can no longer provide coverage, new health insurance carrier to credit all out-of-pocket expenses, including payments for a deductible or other coinsurance amount paid by the individuals in accordance with the original benefit plan. Unfortunately, this bill was postponed indefinitely on February 14, 2024.
  • HB24-1258, Credit Covered Person Expenses Insurer Insolvency, is similar to HB24-1113, for any individual health benefit plans, if a covered person has paid any out-of-pocket expenses and their health insurance carrier exits the health insurance market and can no longer provide coverage, their new health insurance carrier to credit these expenses in accordance with their original benefit plan.

Other bills we are supporting

  • SB24-034, Increase Access to School-Based Health Care would increase the scope and funding for school-based health care.
  • SB24-053, Racial Equity Study, regarding an evaluation of racial equity for Black Coloradans by conducting a study to determine any historical and ongoing effects of slavery and subsequent systemic racism on Black Coloradans that may be attributed to Colorado state policies, and to identify measures that are consistent with the constitution to address those effects.
  • HB24-1009, Bilingual Child Care Licensing Resources, would require testing for childcare provider licenses and information for childcare providers to be translated into the two most common languages in Colorado.
  • HB24-1019, Crisis Resolution Team Program, would establish short term (four to six weeks) community-based crisis stabilization services to children and youth through a Crisis Response Team Program within the Department of Human Services.
  • HB24-1028, Overdose Prevention Centers, would authorize for a municipality to allow for overdose prevention centers to operate within its jurisdiction.
  • HB24-1262, Maternal Health Midwives, concerns maternal health by updating the title of these professionals, creates a study to review maternal and infant facility and provider closures to recommend best practices to protect communities, creates a maternal health desert and asset map, and adds pregnancy as a protected class for purposes of discrimination in places of public accommodation.
  • HB24-1355, Measures to Reduce the Competency Wait List, would reduce the competency wait list by creating a wraparound care program as a community-based alternative to competency proceedings. This is to increase the success of eligible individuals refered from the criminal justice system by connecting the individuals to necessary wraparound care coordination services, resulting in case dismissal, continuity of care, and increased social stability.
  • HB24-1390, School Food Programs, would provide more sustainable funding for the Healthy School Meals for All Program, which was implemented in the 2023-2024 school year. Data has shown that Healthy School Meals for All has been wildly successful in combatting food insecurity for low-income students.
  • HB24-1444, Federal Indian Boarding School Research Program, would continue the program that was created and enacted by HB22-1327. This program would help to develop further recommendations to CDHS and other state agencies on how to address the lasting impacts the boarding school system has had on this population.

Bills CCLP is monitoring

  • SB24-129, Nonprofit Member Data Privacy & Public Agencies, would protect the privacy of persons associated with nonprofit entities, and would prohibit public agencies from taking certain actions related to the collection and disclosure of data that may identify such persons. Bethany Pray provided testimony for this bill and CCLP is in a monitor position based on recent amendments.
  • HB24-1124, Discrimination in Places of Public Accommodation, would make the place of business listed as an exempt organization engaged viewpoint discrimination in places of public accommodation are subject to the Colorado anti-discrimination act. CCLP is in a monitor position based on recent amendments.
  • HB24-1233, Homeowners’ Association Delinquency Payments Enforcement Procedures, focuses on the collection of HOA payments from unit owners with delinquent accounts. The bill would remove having to post a notice of delinquency on the actual unit, and would require notices be sent by mail, creating cost and time inefficiencies. The bill would also decrease the duration of time the unit owner can enroll in a payment plan to repay the debt and if there are costs associated with notices or other documentation that the HOA sends to a unit owner, the unit owner must be responsible for paying the cost. CCLP is opposing this bill because this could lead to people losing their homes based off unpaid HOA fees, which can be expensive and are sometimes expected to be paid upfront. We believe it is critical to not let additional fees lead to people losing their homes. Based on recent amendments, CCLP has moved our position from opposing to monitoring.
  • HB24-1142, Reduce Income Tax Social Security Benefits, would reduce the amount of income tax on social security benefits an individual who is 65 years of age or older would claim on their income taxes for every fiscal year. CCLP opposes this bill because increasing the cap on the amount of social security wages that are exempt from taxes primarily helps those in the middle class and above. Individual filers would only benefit if their income were above $33,850, excluding all individuals living below that amount annually. We want to put money into the pockets of all Coloradans, not just those above the federal poverty line. Based on recent amendments, CCLP has moved our position from opposing to monitoring.

Bills CCLP is opposing

  • SB24-060, Prescription Drug Affordability Board Exempt Orphan Drugs, would exempt certain drugs from review by the Prescription Drug Affordability Board (PDAB). CCLP is opposing this bill because, the financial advantages for Big Pharma on orphan drugs have led to manufacturers focusing disproportionately on rare conditions and demanding extraordinary prices. CCLP refuses to support Big Pharma in gaining more profits from patients and consumers needing life-saving medication. Bethany Pray provided testimony against this bill, including having testified before PDAB regarding the drug Trikafta, which can be read here. This bill has been scheduled for after session, therefore the bill will be killed.
  • HB24-1065, Reduction of State Income Tax Rate, would reduce the state income tax rate. CCLP opposes this bill because income taxes are used to fund our state’s public programs, parks, education, health, and the like. Additionally, those with income too low to owe income taxes don’t benefit at all. If the bill were to have passed, most of these individuals would lose most, if not all TABOR rebate since the projected $1.3 billion in reduced state revenue would reduce the TABOR refunds by 73% for the next couple years. Chaer Robert provided testimony opposing this bill. Fortunately, this bill was postponed indefinitely on February 12, 2024.
  • HB24-1306, Increase Penalty Possession of Synthetic Opiates, would increase the criminal penalty associated with possession of synthetic opiates. CCLP opposed this bill because it would have greatly increased inequities in our communities. By felonizing any substance containing fentanyl, we increase policing of BIPOC, unhoused, and drug-using communities, all of which are already over-policed and would further exacerbate mass incarceration. This bill was killed on March 3, 2024.

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[1] The Colorado Sun, Young Colorado renters need to choose if they’ll pay the landlord, the hospital or grandma

Recent articles

HEALTH:
HEALTH FIRST COLORADO (MEDICAID)

Health First Colorado is the name given to Colorado’s Medicaid program. Medicaid provides public, low-cost health insurance to qualifying adults and children. It is an entitlement program funded by the federal, state, and county governments and is administered by counties in Colorado. Those who are required to pay must pay a small co-pay when receiving certain health care services.

State Department: Department of Health Care Policy and Financing

Eligibility: Most adults 18 to 64 are eligible for Medicaid in Colorado if their household income is at or below 133% of the federal poverty limit (FPL). Pregnant women are eligible with incomes of up to 195% FPL, while children under 18 may be eligible if the live in a household with income at or below 142% FPL. Some adults over 65 may also be eligible for Medicaid.

Program Benefits: Through Medicaid, low-income Coloradans are eligible for a range of health care services at little to not cost. Services provided include doctors visits, prescription drugs, mental health services, and dental care. Co-pays for certain individuals may be needed for certain services.

Program Funding and Access: Colorado funds our Medicaid program through state and federal dollars. Medicaid is an entitlement program, which means that all who are eligible for Medicaid can access the program, regardless of the funding level in a given year. This does not mean that it is always easy to access Medicaid, even when eligible. And since the program is administered by counties, funding levels for county staff and other administrative roles can make it easier or harder for Coloradans to access the program. On top of this, not all medical providers accept Medicaid which limits the ability of Coloradans to seek health services even if enrolled, such as if the nearest provider is a 2+ hour drive away.

Note: This data is from before the pandemic and does not reflect changes in enrollment rules during the COVID-19 pandemic and public health emergency.

Statewide Program Access 2015-19: Over the study period of this report, an average of 89.0% of the population at or below 133% of FPL (i.e., the population who is likely to be eligible for Medicaid) were enrolled in Medicaid in Colorado.

FOOD SECURITY:
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

The Supplemental Nutrition Assistance Program or SNAP helps low-income Coloradans purchase food by providing individuals and families with a monthly cash benefit that can be used to buy certain foods. SNAP is an entitlement program that is funded by the federal and state governments and administered by counties in Colorado.

State Department: Department of Human Services

Eligibility: Currently, Coloradans qualify for SNAP if they have incomes below 200% FPL, are unemployed or work part-time or receive other forms of assistance such as TANF, among other eligibility criteria. Income eligibility for SNAP was different during the study period of this report than today—it was 130% FPL back in 2019 for example. The US Department of Agriculture uses the population at or below 125% FPL when calculating the Program Access Index (or PAI) for SNAP. We follow this practice in our analysis despite Colorado currently having a higher income eligibility threshold.

Program Benefits: SNAP participants receive a monthly SNAP benefit that is determined by the number of people in their household and their income. Benefit amounts decrease as income increases, helping households avoid a sudden loss of SNAP when their incomes increase, even by a minor amount. Benefits are provided to an Electronic Benefit Transfer (EBT) card that can be used to purchase eligible food items, such as fruits and vegetables; meat, poultry, and fish; dairy products; and breads and cereals. Other items, such as foods that are hot at their point of sale, are not allowable purchases under current SNAP rules.

Program Funding and Access: SNAP, like Medicaid, is a federal entitlement program. This means that Colorado must serve any Coloradan who is eligible for the program. As such, funding should not be a limit to how many Coloradans can be served by the program. However, funding for administration of SNAP at the state and county level can limit the ability of county human service departments to enroll those who are eligible. Other program rules and administrative barriers can make it difficult for Coloradans to receive the benefits they are legally entitled to receive.

Statewide Program Access 2015-19: Over the study period of this report, an average of 61.1% of the population at or below 125% of FPL (i.e., the population who is likely to be eligible for SNAP) were enrolled.

FOOD SECURITY:
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)

The Special Supplemental Nutrition Program for Women, Infants, and Children, also know as WIC, provides healthcare and nutritional support to low-income Coloradans who are pregnant, recently pregnant, breastfeeding, and to children under 5 who are nutritionally at risk based on a nutrition assessment.

State Department: Department of Public Health and Environment

Eligibility: To participate in WIC you must be pregnant, pregnant in the last six months, breastfeeding a baby under 1 year of age, or a child under the age of 5. Coloradans do not need to be U.S. citizens to be eligible for WIC. In terms of income, households cannot have incomes that exceed 185% FPL. Families who are enrolled in SNAP, TANF, Food Distribution Program on Indian Reservations (FDPIR), or Medicaid are automatically eligible for WIC. Regardless of gender, any parents, foster parents, or caregivers are able to apply for and use WIC services for eligible children.

Program Benefits: WIC provides a range of services to young children and their parents. These include funds to purchase healthy, fresh foods; breastfeeding support; personalized nutrition education and shopping tips; and referrals to health care and other services participants may be eligible for.

Program Funding and Access: WIC is funded by the US Department of Agriculture. The state uses these federal funds to contract with local providers, known as WIC Clinics. In most cases, these are county public health agencies, but that is not the case in all Colorado counties. Some WIC Clinics cover multiple counties, while others are served by multiple clinics. Private non-profit providers are also eligible to be selected as a WIC Clinic.

Statewide Program Access 2015-17: Between 2015 and 2017, an average of 52.2% of the population eligible for WIC were enrolled in the program in Colorado.

Financial Security:
Colorado Works

Colorado Works is the name given to Colorado’s program for Temporary Assistance to Needy Families or TANF. It is an employment program that supports families with dependent children on their path to self-sufficiency. Participants can receive cash assistance, schooling, workforce development and skills training depending on the services available in their county.

State Department: Department of Human Services

Eligibility: In general, Coloradans are eligible to enroll in TANF if they are a resident of Colorado, have one or more children under the age of 18 or pregnant, and have very low or no income. For example, to be eligible to receive a basic cash assistance grant through TANF, a single-parent of one child could not earn more than $331 per month, with some exclusions—and would only receive $440 per month (as of 2022). That said, there are other services provided by counties through TANF that those with incomes as high as $75,000 may be eligible for. In addition to these, participants in TANF are required to work or be pursuing an eligible “work activity” or work-related activity. Any eligible individual can only receive assistance if they have not previously been enrolled in TANF for a cumulative amount of time of more than 60 months—this is a lifetime limit that does not reset. Counties may have additional requirements and offer benefits that are not available in other counties in Colorado.

Program Benefits:  While the exact benefits that one is eligible for under TANF can vary, all qualified participants are eligible to receive a monthly cash payment, call basic cash assistance. Other than cash assistance, counties are have a lot of choice in how to use their TANF funding; generally a use of TANF funds is appropriate so long as it advances one or more of the four purposes of the program: (1) provide assistance to needy families so that children can be cared for in their own homes or in the homes of their relatives; (2) end the dependence of needy families on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies; and (4) encourage the formation and maintenance of two-parent families.

It is important to note that those eligible for TANF are also eligible for many of the other programs we’ve included in this report, such as SNAP, Medicaid, and CCCAP.

Program Funding and Access: Colorado funds its TANF program through funds received from the federal government through the Temporary Assistance for Needy Families block grant. Most of the federal funds are allocated by the state to counties, which are required to provide a 20% match of state funding. Federal and state rules allow the state and counties to retain a portion of unspent funds in a TANF reserve.

Statewide Program Access 2015-19: Over the study period of this report, an average of 50.7% of the population at or below 100% of FPL (i.e., the population who is likely to be eligible for TANF) were enrolled in TANF in Colorado.

EARLY LEARNING:
COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)

The Colorado Child Care Assistance Program provides child care assistance to low-income families and caregivers living in Colorado in the form of reduced payments for child care. It is a program funded by the federal, state, and county governments and is administered by counties in Colorado. The share owed by parents/caregivers is determined on a sliding scale based on the family’s income.

State Department: Department of Early Childhood Education

Eligibility: Counties set eligibility for families separately, but must serve families with incomes at or below 185% of the Federal Poverty Limit. Families accepted to the program are no longer eligible once their income exceeds 85% of the state median income. Parents or caregivers must be employed, searching for work, or engaged in another approved activity to be eligible for CCCAP. Parents and caregivers enrolled in Colorado Works (Temporary Assistance to Needy Families or TANF) or in the child welfare system are also eligible to participate in CCCAP. Generally, CCCAP serves families with children under 13, although children as old as 19 may be eligible under certain circumstances.

Program Benefits: If a family is eligible for CCCAP and has income, they may likely have to pay a portion of their child’s or children’s child care costs each month. The amount that families owe is based on their gross income, number of household members, and the number of children in child care in the household. As such, households tend not to experience a benefit cliff with CCCAP when they see their incomes increase

Program Funding and Access: Colorado funds the CCCAP program using federal dollars it receives from the Child Care and Development Block Grant program. The state allocates federal and state funds to counties using a formula that takes into account factors like current caseloads and the number of eligible residents. Assistance is available until the county’s funds are spent, so the number of families that can be served is often a function of how much funding is available and the income and composition of the household that applies. It is not uncommon for counties to overspend or underspend their allocations of funds. The state reallocates unspent funds from counties who underspent to those who overspent. While underspending could indicate a problem with the way a county administers its CCCAP program, it could just as likely be a sign that there are few providers in the county who participate in CCCAP—or a lack of providers generally.

Statewide Program Access 2015-19: Over the study period of this report, an average of 10.8% of the population at or below 165% of FPL and younger than age 13 (i.e., the population who is likely to be eligible for CCCAP) were enrolled in CCCAP.

Housing:
HUD rental assistance programs

The US Department of Housing and Urban Development (HUD) has three housing assistance programs that we look at together: Housing Choice Vouchers (Section 8), Project-based Section 8, and Public Housing. In Colorado, these programs provided assistance to over 90% of the households who received federal housing assistance from all HUD programs. Through federally funded, local or regional public housing agencies (PHAs) are the agencies that administer these programs, through not all are available in all counties. These are not the only programs available in Colorado that assist households afford the cost of housing, such as units funded through federal and state tax credit programs.

State Department: Department of Local Affairs

Eligibility: Generally, households with incomes under 50% of the area median income (AMI) of the county they live in are eligible for these rental assistance programs, although PHAs have discretion to select households with incomes at higher percentages of AMI. That said, HUD requires that 75% of new vouchers issued through the Housing Choice Voucher/Section 8 program in a given year are targeted to households with incomes at or below 30% of AMI. PHAs are also able to create criteria that give priority to certain types of households who are on waiting lists for these programs.

Program Benefits: These rental assistance programs help households afford the cost of housing by reducing their housing costs to around 30% of their household income. In the case of the Housing Choice Voucher program, the PHA pays the voucher holder’s landlord the remaining portion of the rent.

Program Funding and Access: Funding and access are both challenges for these rental assistance programs. In addition to limitations on the number of public housing units or housing vouchers a PHA can manage or issue, lack of funding compared to the need constrains the ability of PHAs to assist low-income households. In 2020, Coloradans were on waitlists for Housing Choice Vouchers for an average of 17 months. Waitlists also exist for the other rental assistance programs.

Statewide Program Access 2015-19: Over the study period of this report, an average of 21.1% of renter households with incomes at or below 50% AMI (i.e., the population who is likely to be eligible for HUD rental assistance programs) were living in subsidized housing.