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Code of Colorado Regulations eDocket
Details of Tracking Number
2017-00532
CCR details
| Tracking Number |
2017-00532 |
| Type of Filing |
Permanent Rule |
| Department |
500,1008,2500 Department of Human Services |
| Agency |
2518 Adult Protective Services |
| CCR Number |
12 CCR 2518-1 |
| CCR Title |
ADULT PROTECTIVE SERVICES |
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Proposed rule
| Notice Filed with SOS |
10/31/2017 |
| Rule |
ProposedRuleAttach2017-00532.doc |
| Additional Information |
AddInfoAttach2017-00532.doc |
| Statutory Authority |
"26-1-107, C.R.S. (2015)
26-1-109, C.R.S. (2015)
26-1-111, C.R.S. (2015)
26-3.1-108, C.R.S. (2015)" |
| Description of Subjects/Issues |
"See attachment for detailed description.
CDHS holds two public hearings, an initial and final, for each proposed rule packet.
The initial hearing allows the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule.
The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule.
Please visit CDHS State Board website for meeting dates.
https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-service
" |
| Purpose/Objective of Rule |
"12 CCR 2518-1 are the program rules for the Adult Protective Services (APS) program, as authorized by Title 26, Article 3.1, C.R.S. The APS program provides protective services for at-risk adults who are experiencing mistreatment or are self-neglecting. The purpose of this proposed rule change is to update sections of the Adult Protective Services (APS) rules to reflect the changes made in recent legislation (HB15-1370, HB17-1253, and HB17-1284) and budget initiatives and to make technical corrections.
HB17-1284 implements a process requiring employers of specific professions to conduct a background check to determine if an applicant has been substantiated in an APS case of mistreatment against an at-risk adult. In order for these checks to take place by January 1, 2019 as mandated, APS must make significant changes to rule. These proposed rule changes in this packet will address statutory changes to definitions, confidentiality, training requirements and investigations.
HB17-1253 creates a new mandatory reporting requirement for financial broker-dealers. This rule packet addresses the legislative changes impacting the APS program in the investigation and service provision sections of APS rules.
HB15-1370 expanded the exceptions to the APS confidentiality requirements and this rule packet ensures consistency between the confidentiality requirements in statute and those in rule as a result of that change to the law.
Funding was provided by the General Assembly in the 2017 legislative session for a new quality assurance (QA) unit with the Administrative Review Division at CDHS. This rule packet contains rule revisions necessary to provide better clarity to ensure the casework reviews conducted by the QA unit are as objective as possible.
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| Basis And Purpose |
BasisAndPurposeAttachment2017-00532.doc
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| Regulatory analysis |
RegulatoryAnalysisAttachment2017-00532.doc
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| Comments |
17-06-26-01 |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
Yes
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| Recent legislation bill number |
SB12-078, HB17-1284, HB17-1253, and SB17-254
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| Hearing Date |
12/01/2017 |
| Hearing Time |
10:00 AM |
| Hearing Location |
CDHS 1575 Sherman Street, 8th Floor, Denver, CO 80203 |
| Contact Name |
Mindy Kemp |
| Contact Title |
Rule Author |
| Contact Telephone |
303-866-4927 |
| Contact email |
mindy.kemp@state.co.us |
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Adopted rule
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