EMERGENCY FINDING AND JUSTIFICATION FOR ADOPTION OF EMERGENCY RULES RELATING TO
Standards for Hospitals and Health Facilities
6 CCR 1011-1, Chapter II, General Licensure Standards
Adopted by the State Board of Health on
May 16, 2007

Findings and Statement of Reason for Action
The Board finds that immediate adoption of these emergency rules to Standards for Hospitals and Health Facilities is imperatively necessary for the preservation of public health, safety, and welfare and that compliance with the requirements of section 24-4-103, C.R.S. (notice and comment procedures), would be contrary to the public interest.  These emergency rule changes are promulgated pursuant to House Bill 07-1221.  
These rules facilitate the implementation of new law which authorizes the Board of Health to establish fees for all health facilities other than acute treatment units and assisted living residences.  The bill strikes the existing statutory language that sets the licensure fees at $360 (for initial and renewal licenses) and $150 for provisional licenses and authorizes the Department to establish licensure fees by rule instead.  The bill becomes effective upon signature by the Governor.  By transitioning the amount of the fee from statute to rule, the emergency rules provide the Department with continuing authority to collect licensure fees.  
The emergency rules will serve as a bridge that allows the Department to collect fees and to continue functioning at its current level.  However, the General Assembly recognized that the current fees are insufficient to perform comprehensive licensure functions and statutory provisions of HB 07-1221 direct the Board of Health to set fees “at a level sufficient to meet the direct and indirect costs of administration and enforcement…”  As such, the Department will be requesting rulemaking in the near future to more closely align fees with the cost of conducting licensure oversight.