2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 27 - ASSISTED LIVING RESIDENCES (§§ 25-27-101 — 25-27-114) › Section 25-27-104.3 - Involuntary discharge - notice - grievance process - appeal - hearing - rules - definition

(1)
(a)
(I)
Except as provided in subsection (1)(c) of this section, an assisted living residence shall provide written notice of any involuntary discharge of a resident at least thirty calendar days in advance of the discharge to:
(A)
The resident;
(B)
The resident's legal representative; and
(C)
Any relative or other person listed as a contact person for the resident or designated to receive notice of a discharge.
(II)
Within five days after providing written notice to the resident, the residence shall send the discharge notice to the state long-term care ombudsman and the local ombudsman.
(b)
(I)
At a minimum, the notice of discharge must include a detailed explanation of the reason or reasons for the involuntary discharge, including:
(A)
Facts and evidence supporting each reason given by the residence;
(B)
A recounting of events leading to the involuntary discharge, including interactions with the resident over a period of time prior to the notice, and actions taken to avoid discharge and the timing of those actions;
(C)
A statement that the resident or a person listed in subsection (1)(a)(I) of this section has the right to file a grievance with the residence challenging the involuntary discharge within fourteen days after the written notice, that the residence's designee must provide a response to the grievance within five business days after receiving the grievance, and, if the resident or person filing the grievance is dissatisfied with the response, that the resident or person filing the grievance may appeal to the executive director of the department or the executive director's designee pursuant to subsection (3) of this section; and
(D)
Names and contact information, including telephone numbers, addresses, and e-mail addresses, for the state long-term care ombudsman, the local ombudsman, and the department.
(II)
If the residence's involuntary discharge of the resident is due to a medical or physical condition resulting in a required level of care that cannot be treated with medication or services routinely provided by the residence's staff or an external service provider, the notice must also include an assessment by the resident's physician or applicable health-care or behavioral health provider of the resident's current needs in relation to the resident's medical and physical condition.
(c)
If the stated reason for the involuntary discharge is because the resident requires a level of care that cannot be met by the residence or the resident has demonstrated that the resident is a danger to the resident or others, thirty days' notice is not required. However, the residence shall give as much advance notice as is reasonable under the circumstances prior to the resident's removal from the residence. The residence must still provide written notice of the involuntary discharge pursuant to subsection (1)(b) of this section as soon as possible to the resident, other persons listed in subsection (1)(a)(I) of this section, and the state long-term care ombudsman and the local ombudsman. Notwithstanding the resident's removal from the residence pursuant to this subsection (1)(c), the resident may file a grievance relating to the involuntary discharge within fourteen days after the resident's receipt of the written notice of involuntary discharge required pursuant to subsection (1)(b) of this section.
(2)
(a)
(I)
Each assisted living residence shall designate an individual to receive grievances, pursuant to subsection (2)(a)(II) of this section, relating to the involuntary discharge of a resident.
(II)
A resident or any person listed in subsection (1)(a)(I) of this section may file a grievance with the designee within fourteen days after written notice is given to the resident pursuant to subsection (1)(b) or (1)(c) of this section challenging the involuntary discharge of the resident and the reasons for the discharge.
(III)
A resident or a person listed in subsection (1)(a)(I) of this section filing a grievance shall submit the grievance in writing, cause it to be written, or state it orally to the designee, with the person filing the grievance providing some evidence of the oral submission of the grievance or a witness attesting to the oral submission.
(b)
No later than five business days after a grievance has been submitted pursuant to subsection (2)(a) of this section, the designee shall provide a written response to the grievance to the resident, the persons listed in subsection (1)(a)(I) of this section, and the state long-term care ombudsman and the local ombudsman. The designee's written response must be accompanied by an oral explanation to the resident or person filing the grievance if appropriate because of the mental or physical condition of the resident or person filing the grievance.
(c)
The state long-term care ombudsman or the local ombudsman may provide assistance to a resident or person filing a grievance in investigating, preparing, and filing the grievance pursuant to this subsection (2) or investigating, preparing, and filing an appeal of the designee's response to the grievance pursuant to subsection (3) of this section.
(3)
If the resident or person filing the grievance is dissatisfied with the designee's written response, the resident or the person filing the grievance may appeal to the department for review of the designee's response to the grievance by filing the same grievance, the original notice and supporting documentation given to the resident pursuant to subsection (1)(b) or (1)(c) of this section, and the designee's written response pursuant to subsection (2)(b) of this section, including supporting documentation, along with any additional information or documentation, to the executive director of the department for the department's review. An appeal to the executive director of the department must be filed within five business days after the resident or person filing the grievance receives the designee's written response. The department shall review the grievance and response as soon as possible, but no later than sixty days after receiving the appeal, to determine whether the involuntary discharge complies with the law and the process established in this section. The department may confer with or receive information from the resident, the residence, and the state long-term care ombudsman and the local ombudsman concerning the involuntary discharge.
(4)
(a)
The assisted living residence shall not take any punitive or retaliatory action against a resident due to the resident filing a grievance or appeal pursuant to this section and shall continue to assist with planning a discharge or transfer of the resident while the grievance or appeal to the department is pending.
(b)
If the stated reason for the involuntary discharge is for nonpayment of monthly services or room and board, the residence may discharge the resident on the thirty-first day after the written notice of discharge has been provided to the resident. If it is determined through the grievance and appeal process that the resident substantially complied with payments due to the residence, the residence shall allow the resident to return to the residence.
(5)
If the resident, the person filing the grievance or the appeal, or the assisted living residence is dissatisfied with the findings and recommendations of the department, that resident, person, or residence may request a hearing conducted by the department pursuant to section
24-4-105
.
(6)
(a)
No later than January 1, 2024, the state board shall promulgate rules necessary to implement the grievance process set forth in this section.
(b)
Prior to the board's adoption of rules for the implementation of the grievance process, the department shall confer with the advisory committee established in section
25-27-110
for the purpose of making recommendations to the board concerning rules relating to the grievance process.
(7)
As used in this section, "designee" means the individual designated by the assisted living residence to receive grievances relating to an involuntary discharge of a resident pursuant to subsection (2)(a)(I) of this section.
Added by 2022 Ch. 323,§1, eff. 6/2/2022.