| Notice Filed with SOS |
09/30/2023 |
| Rule |
ProposedRuleAttach2023-00685.pdf |
| Additional Information |
AddInfoAttach2023-00685.pdf |
| Statutory Authority |
Section 25-27-104, C.R.S.
Section 25-1.5-118, C.R.S.
Section 25-1.5-103, C.R.S.
Other relevant statutes:
Section 25-27-102, C.R.S.
Section 25-27-104.3, C.R.S.
Section 25-27-106, C.R.S.
Section 25-3-125, C.R.S. |
| Description of Subjects/Issues |
The Department is requesting consideration of several sets of rules in the attached
package. These rules are responsive to two laws passed in 2022: Senate Bill 22-
079 which requires dementia training for direct-care staff and Senate Bill 22-053
which provides a visitation right for residents. Because the two bills apply to both
nursing care facilities and assisted living residences, the Department is presenting
a packet that includes changes to both 6 CCR 1011-1, Chapter 5 – Nursing Care
Facilities and 6 CCR 1011-1, Chapter 7 – Assisted Living Residences. The
additions addressing dementia training and visitation rights are substantially the
same in each chapter, although the placement of language is unique to the
structure of existing rules within the chapter. |
| Purpose/Objective of Rule |
The Division is requesting the Board of Health adopt revisions to 6 CCR 1011-1, Chapter 7 –
Assisted Living Residences. These revisions were developed in collaboration with stakeholders
over a nine-month stakeholder process before being reviewed and recommended for
presentation to the Board of Health by the statutory Assisted Living Advisory Committee, and
are primarily focused on the implementation of Senate Bill (SB) 22-154. The bill, concerning
increasing safety in assisted living residences (ALRs), modifies statutory requirements
regarding administrator qualifications, requires a fine be assessed when an ALR is found to be
without a qualified administrator or interim administrator, adds notification and
grievance/appeal procedures related to involuntary discharge of a resident, requires civil
fines be assessed for violations resulting in harm, and increases the dollar limits on fines as an
enforcement tool. SB 22-154 also includes specific language reaffirming that ALRs are
required to obtain checks of the Colorado Adult Protective Services (CAPS) data system for
administrators and staff, as has been required through general licensing rules and statutes
applicable to all licensed facilities since 2020. It also added statutory definitions of “local
ombudsman” and “state long-term care ombudsman”.
The Department is also requesting consideration of several sets of rules in the attached package. These
rules are responsive to two laws passed in 2022: Senate Bill 22- 079 which requires dementia training
for direct-care staff and Senate Bill 22-053 which provides a visitation right for residents. |
| Basis And Purpose |
BasisAndPurposeAttachment2023-00685.doc
|
| Regulatory analysis |
RegulatoryAnalysisAttachment2023-00685.doc
|
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
Yes
|
| Recent legislation bill number |
22-079, 22-053, 22-154, 22-1270
|
| Hearing Date |
11/15/2023 |
| Hearing Time |
10:00 AM |
| Hearing Location |
4300 Cherry Creek Drive South, Denver, CO 80246 or https://us02web.zoom.us/meeting/register/tZAlduuurzIsHdYfoPGRAQQZ2QaRbm2Q664w#/registration |
| Contact Name |
Francile Beights |
| Contact Title |
Policy Advisor |
| Contact Telephone |
303-692-2975 |
| Contact email |
francile.beights@state.co.us |