(Emergency Rules - Amendments to Standards for Hospitals and Health Facilities, 6 CCR 1011-1, Chapter VI, Acute Treatment Units, adopted by the State Board of Health 6/18/08, effective immediately – NOTE:  Items in bold and parentheses preceding the amendments are notes/instructions for the CCR Publisher and are not part of the Rules)

[Insert new definition 1.102 (18), Regulated continuous occupancy, and renumber subsequent existing definitions as 1.102 (19) through 1.102 (24) ]
1.102  (18) 	“Regulated contiguous occupancy” means an occupancy adjacent to the facility that is subject to the life safety code and physical plant requirements established by the Department because such occupancy does not have the necessary fire safety separations between the facility.  Such occupancy shall be operated by the facility licensee and shall be used to deliver:  
	-detoxification services licensed by the Department of Human Services; or  
-outpatient services, certified in accordance with Article 10 of Title 27, C.R.S., to assess and determine appropriate placement.  For the purposes of this definition, the term “outpatient” means less than 24 hours. 
The services provided by the occupancy shall benefit ATU clients, although the occupancy may also provide such services to other populations.  
1.102  (19)	“Seclusion room” means a room where a client is placed alone and from where egress is involuntarily prevented. 
1.102  (20)	“Short-term psychiatric care” means services provided to treat persons with mental illness for an average of 3-7 days, but generally no longer than 30 days. 
1.102  (21)	“Staff” means employees; and contract staff intended to substitute for, or supplement staff who provide client care services.  
1.102  (22)	“Therapeutic diet” means a diet ordered by a physician as part of a treatment of disease or clinical condition, or to eliminate, decrease, or increase specific nutrients in the diet.  Examples include, but are not limited to:  a calorie counted diet, a specific sodium gram diet, and a cardiac diet.
1.102  (23)	“Unit” means a locked treatment setting that serves a maximum of sixteen persons. 
1.102  (24)	“Warewashing” means the cleaning and sanitizing of equipment and utensils.  For the purposes of this definition, equipment includes but is not limited to kitchen appliances and tables with which food normally comes into contact.  For the purposes of this definition, utensils are implements used to prepare, store, transport or serve food. 

(Amend existing 1.103(2)  as follows)
1.103  (2)	Licensure Fees  
103  (2)   (a)	General.  Licensure fees are specified in Section 25-3-105 (1)(c), C.R.S.  
103  (2)   (b)	Renewal Fee – Regulated Contiguous Occupancies.  In addition to the renewal fees established pursuant to Section 25-3-105 (1)(c)(I)(C), C.R.S., facilities with regulated contiguous occupancies are subject to the following licensure renewal fees.  (These fees are not applicable to an initial conversion, which is subject to plan review fees under Section 1.103(3)(c)).  Where the combined square footage of the ATU and the regulated contiguous occupancies is:
(i)	20,000 square feet or less:  $250
(ii)	over 20,000 square feet:  $500.

(Amend the title of 1.103 (3) as follows)
1.103  (3)	Construction Plan Review and Plan Review Fees.  In reference to the National Fire Protection Association requirements, the Department is the authority having jurisdiction for state licensure.  

(Insert new 1.103(3)(c) as follows)
103  (3)   (c)	Plan Review Fees
(i)	General.  Reserved.
(ii)	Regulated Contiguous Occupancy.  Plan review fees for regulated contiguous occupancies are nonrefundable and shall be as listed below.
(A)	Initial conversion of an adjacent occupancy into a regulated contiguous occupancy:  base fee of $1,350 plus $0.20 per additional square foot over 20,000 square feet.  (The 20,000 square foot threshold applies to the combined square footage of the ATU and one or more regulated contiguous occupancies.)
(B)	Substantial remodeling of a regulated contiguous occupancy:  $500 for the desk audit and $500 for the onsite review.

(Insert new 1.103 (6), Penalties, as follows, preceding existing 1.103(6), Facility Reporting Requirements)
1.103  (6)	Penalties – Regulated Contiguous Occupancies.  The Department may impose a penalty of up to $100 per day for a regulated contiguous occupancy that does not comply with the Life Safety Code and physical plant requirements established in this Chapter VI.  The facility may be required to submit a plan of correction.  The facility may only be assessed a penalty after the facility has had an opportunity to correct the noncompliance.  The opportunity to correct shall not extend beyond the timeframe to submit a plan of correction under Section 1.103 (5) and any deadlines set forth in the plan of correction, if one is submitted, as approved by the Department.

(Renumber the existing 1.103(6), Facility Reporting Requirements, to 1.103(7), as follows)
1.103  (7)	Facility Reporting Requirements.  The facility shall develop and implement policies and procedures for complying with the following reporting requirements.
103  (7)   (a)	Occurrences  
(i)	Reporting.  The facility shall be in compliance with occurrence reporting requirements pursuant to 6 CCR 1011, Chapter II, Section 3.2.
(ii)	Facility investigation of occurrences
(A)	Occurrences shall be investigated to determine the circumstances of the event and institute appropriate measures to prevent similar future situations.
(B)	Documentation regarding investigation, including the appropriate measures to be instituted, shall be made available to the Department, upon request.
(C)	A report with the investigation findings will be available for review by the Department within five working days of the occurrence.
(D)	Nothing in this Section 1.103 (7)(a) shall be construed to limit or modify any statutory or common-law right, privilege, confidentiality or immunity. 
103  (7)   (b)	Notification Regarding Relocations.  The facility shall notify the Department within 48 hours of the relocation of one or more clients occurs due to any portion of the facility becoming uninhabitable as a result of fire or other disaster.
103  (7)   (c)	Facility Closure.  If the closure of a facility by a licensee is pending, the licensee shall notify the Department in writing at least 30 days prior to such closure.  

(Amend existing 1.109 (2) (a) as follows)
109  (2)   (a)	General
(i)	Except as noted in Section 109 (2) (b), facilities shall meet the requirements of Chapter 18 “New Health Care Occupancies” of NFPA 101, Life Safety Code.  In addition, facilities shall meet the requirements referenced in NFPA 101, Chapter 2 “Referenced Publications.”
(ii)	Facilities with Regulated Contiguous Occupancies.  Notwithstanding Section 1.109 (2)(a)(i), facilities with regulated contiguous occupancies shall meet Chapter 18 and shall not be subject to the exceptions in 1.109 (2)(b).