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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2023-00764


CCR details

Tracking Number 2023-00764
Type of Filing Emergency
Department 1000 Department of Public Health and Environment
Agency 1011 Health Facilities and Emergency Medical Services Division (1011, 1015 Series)
CCR Number 6 CCR 1011-1 Chapter 07
CCR Title CHAPTER 7 - ASSISTED LIVING RESIDENCES

Proposed rule

Rule
Additional Information
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.
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”.
Basis And Purpose BasisAndPurposeAttachment2023-00764.doc
Regulatory analysis RegulatoryAnalysisAttachment2023-00764.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 22-154
Contact Name Elaine McManis
Contact Title Division Director
Contact Telephone 303-916-4103
Contact email elaine.mcmanis@state.co.us

Adopted rule

Adopted Rules AdoptedRules02023-00764.doc
Redline Redline2023-00764.pdf
Emergency Justification EmergencyJustificationPathAttach2023-00764.doc
Adopted Date 11/15/2023
Emergency AGO requested date 11/20/2023
Attorney General Opinion 12/01/2023
Colorado Register publication date 12/25/2023
Effective Date 11/15/2023
Inserted into CCR 12/05/2023
  
  
  
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