reglab/statecodes huggingface dataset:
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 25-27-107.5 - Assisted living residence cash fund created

(1)
The fees collected pursuant to section
25-27-107
, plus any civil penalty collected pursuant to section
25-27-103 (1)(b)
, shall be transmitted to the state treasurer, who shall credit the same to the assisted living residence cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs of the department in performing its duties under this article. Notwithstanding subsection (2) of this section, at the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
(2)
Notwithstanding subsection (1) of this section, on July 1, 2013, any moneys remaining in the fund from fees collected by the department for assisted living residence building and structure code plan reviews and inspections are transferred to the health facility construction and inspection cash fund created in section
24-33.5-1207.8
, C.R.S.
L. 90: Entire section added, p. 1357, § 7, effective July 1. L. 2002: Entire section amended, p. 1325, § 9, effective July 1. L. 2012: Entire section amended, (HB 12-1268), ch. 234, p. 1026, §4, effective 7/1/2013.
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 25-27-108 - Enforcement - ability to contract

(1)
The department is responsible for the enforcement of the provisions of this article and the regulations adopted thereunder.
(2)
The department may contract with a local board of health to investigate and inspect the facilities to be licensed under this article and may accept reports on such investigations or inspections as a basis for licensing. The department may also contract with local boards of health to enforce the provisions of this article and the regulations adopted thereunder and is required to transfer license fees and additional fees collected in this article to the local boards of health if a contract is so negotiated.
L. 85: Entire section added, p. 927, § 5, effective July 1.
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 25-27-109 - List of licensed residences maintained by department

The department shall maintain a current list of assisted living residences that have been licensed and shall make such list available to individuals upon request.
L. 85: Entire section added, p. 927, § 5, effective July 1. L. 2002: Entire section amended, p. 1326, § 10, effective July 1.
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 25-27-110 - Advisory committee

(1)
There is hereby established an advisory committee to the department for the purposes of making recommendations to the department and reporting to the house and senate committees on health and human services, or any successor committees, concerning the rules promulgated by the state board pursuant to this article, implementation of the licensing program, the impact of the program, and the effectiveness of enforcement. The advisory committee shall consist of not fewer than nine members to be appointed by the executive director of the department. The committee shall elect its own chairperson. Such members shall be representatives from assisted living residences, the Colorado commission on the aging, county, district, or municipal public health agencies, or local boards of health, and consumer and other agencies and organizations providing services to or concerned with residents of assisted living residences. Members of the advisory committee shall serve on a voluntary basis and shall serve without compensation.
(2)
Repealed.
L. 85: Entire section added, p. 927, § 5, effective July 1. L. 86: (3) amended, p. 421, § 44, effective March 26. L. 88: (2) and (3)(a) amended, p. 317, § 12, effective April 14. L. 90: (3) repealed, p. 334, § 24, effective April 3. L. 96: (1) and (2) amended, p. 1261, § 166, effective August 7. L. 2002: (1) and (2) amended, p. 1326, § 11, effective July 1. L. 2003: (1) and IP(2)(a) amended, p. 2008, § 87, effective May 22. L. 2004: (2) repealed, p. 203, § 22, effective August 4. L. 2007: (1) amended, p. 2042, § 69, effective June 1. L. 2010: (1) amended, (HB 10 -1422), ch. 419, p. 2108, § 134, effective August 11.
For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
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 25-27-111 - Rules

The state board shall promulgate such rules as are necessary to implement this article pursuant to the provisions of article
4
of title
24
, C.R.S.
L. 85: Entire section added, p. 927, § 5, effective July 1. L. 2002: Entire section amended, p. 1327, § 12, effective July 1.
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 25-27-112 - Treatment - religious belief

Nothing in this article shall authorize the department to impose any mode of treatment inconsistent with the religious faith or belief of any person.
L. 85: Entire section added, p. 927, § 5, effective July 1.
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 25-27-113 - Fees for providers with high medicaid utilization and disproportionate low-income residences

(1)
The general assembly hereby finds, determines, and declares that assisted living residences provide necessary services to many residents who receive medicaid benefits pursuant to articles
4
,
5
, and
6
of title
25.5
, C.R.S. Because so many Coloradans benefit from assisted living centers that serve medicaid recipients, the general assembly hereby finds, determines, and declares that assisted living residences that have high medicaid utilization should receive a modified fee schedule for fees required by this article.
(2)
Residences identified as high medicaid utilization residences by the department shall be subject to a modified fee schedule as determined by the board.
(3)
Residences identified as servicing a disproportionate number of low-income residents may be subject to a modified fee schedule as determined by the board.
L. 2002: Entire section added, p. 1327, § 13, effective July 1. L. 2006: (1) amended, p. 2016, § 93, effective July 1.
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 27.5 - HOME CARE AGENCIES (§§ 25-27.5-101 — 25-27.5-110) › Section 25-27.5-101 - Legislative declaration

(1)
In order to promote the public health and welfare of the people of Colorado, it is declared to be in the public interest to establish minimum standards and rules for home care agencies in the state of Colorado and to provide the authority for the administration and enforcement of such minimum standards and rules. These standards and rules shall be sufficient to assure the health, safety, and welfare of home care consumers.
(2)
The general assembly further finds that the department of public health and environment, as the executive branch agency assigned to administer and enforce minimum standards for home care agencies, should explore whether risk-based inspections may be implemented to allocate resources more effectively and at the same time adequately protect the health and safety of the home care consumers. Risk shall be evaluated based on the home care agency's compliance history, quality performance measures, and other relevant factors set forth in rules promulgated by the state board of health.
(3)
Further, the general assembly determines and declares that, in administering and enforcing standards for home care agencies, the inspections by the department should focus on home care consumer safety and outcomes.
L. 2008: Entire article added, p. 2233, § 3, effective August 5.
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 27.5 - HOME CARE AGENCIES (§§ 25-27.5-101 — 25-27.5-110) › Section 25-27.5-105 - Home care agency cash fund - created

The department shall transmit the fees collected pursuant to section
25-27.5-104(1)
to the state treasurer, who shall credit the fees to the home care agency cash fund, which fund is hereby created. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the department in performing its duties under this article 27.5. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and must not be credited or transferred to the general fund or any other fund.
Amended by 2019 Ch. 314,§ 6, eff. 8/2/2019.
Amended by 2014 Ch. 373,§ 4, eff. 7/1/2014.
L. 2008: Entire article added, p. 2238, § 3, effective August 5. L. 2014: Entire section amended, (HB 14-1360), ch. 1777, p. 1777, § 4, effective July 1. L. 2019: Entire section amended, (SB 19-146), ch. 2821, p. 2821, § 6, effective August 2.
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 27.5 - HOME CARE AGENCIES (§§ 25-27.5-101 — 25-27.5-110) › Section 25-27.5-107 - Employee or referred service provider criminal history record check - rules

The home care agency or home care placement agency shall require a person seeking employment or placement to submit to a criminal history record check before employment or referral to a consumer. The home care agency or home care placement agency or the person seeking employment with the home care agency shall pay the costs of the criminal history record check. The criminal history record check shall be conducted not more than ninety days before the employment or placement of the applicant.
Amended by 2014 Ch. 373,§ 6, eff. 7/1/2014.
L. 2008: Entire article added, p. 2240, § 3, effective August 5. L. 2014: Entire section amended, (HB 14-1360), ch. 373, p. 1781, § 6, effective July 1.
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 27.5 - HOME CARE AGENCIES (§§ 25-27.5-101 — 25-27.5-110) › Section 25-27.5-109 - Enforcement

The department is responsible for the enforcement of this article and the rules adopted pursuant to this article.
L. 2008: Entire article added, p. 2242, § 3, effective August 5.
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 27.5 - HOME CARE AGENCIES (§§ 25-27.5-101 — 25-27.5-110) › Section 25-27.5-110 - Repeal of article - sunset review

(1)
This article 27.5 is repealed, effective September 1, 2028.
(2)
Before repeal, the department of regulatory agencies shall review the licensing of home care agencies and the registering of home care placement agencies as provided in section
24-34-104
, C.R.S. In conducting its review and compiling its report pursuant to section
24-34-104(5)
, C.R.S., the department of regulatory agencies shall segregate the data in the report based on the type of agency, specifying whether the agency is:
(a)
A home care agency that provides skilled home health services;
(b)
A home care agency that only provides personal care services; or
(c)
A home care placement agency.
Amended by 2019 Ch. 314,§ 2, eff. 8/2/2019.
Amended by 2016 Ch. 83,§ 21, eff. 4/14/2016.
Amended by 2014 Ch. 373,§ 8, eff. 7/1/2014.
L. 2008: Entire article added, p. 2242, § 3, effective August 5. L. 2014: Entire section amended, (HB 14-1360), ch. 1784, p. 1784, § 8, effective July 1. L. 2016: IP(2) amended, (HB 16-1192), ch. 235, p. 235, § 21, effective April 14. L. 2019: (1) amended, (SB 19-146), ch. 2820, p. 2820, § 2, effective August 2.
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 27.6 - BEHAVIORAL HEALTH ENTITIES (§§ 25-27.6-101 — 25-27.6-112) › Section 25-27.6-101 - Legislative declaration

(1)
The general assembly declares that in order to promote the public health and welfare of the people of Colorado, it is in the public interest to establish and streamline minimum standards and rules for behavioral health entities operating in the state of Colorado and to provide the authority for the administration and enforcement of such minimum standards and rules. These standards and rules must be sufficient to ensure the health, safety, and welfare of behavioral health entity consumers.
(2)
The intent of creating the behavioral health entity license is to:
(a)
Provide a single, flexible license category under which community-based behavioral health service providers can provide integrated mental health disorder, alcohol use disorder, and substance use disorder services and meet a consumer's continuum of needs, from crisis stabilization to ongoing treatment;
(b)
Provide a regulatory framework for innovative behavioral health service delivery models to meet the needs of both individuals and communities;
(c)
Increase parity in the oversight and protection of consumers' health, safety, and welfare between physical health and behavioral health regardless of the payment source; and
(d)
Streamline and consolidate the current regulatory structure to enhance community providers' ability to deliver timely and needed services, while ensuring consumer safety.
(3)
Further, the general assembly determines and declares that, in administering and enforcing standards for behavioral health entities, the department of public health and environment should focus on behavioral health entity consumer safety and outcomes; reducing regulatory gaps, duplication, and conflicts that hinder access to care; and allowing for new, innovative behavioral health service types with minimal barriers.
(4)
It is the intent of the general assembly that the behavioral health entity license is implemented so that a facility currently licensed or previously eligible for licensure as an acute treatment unit or as a community mental health center, community mental health clinic, or crisis stabilization unit that was licensed as a community clinic will transition to the behavioral health entity license no later than July 1, 2022.
Amended by 2022 Ch. 222,§61, eff. 7/1/2022.
Added by 2019 Ch. 413,§1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1237), ch. 3628, p. 3628, § 1, effective August 2.
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 27.6 - BEHAVIORAL HEALTH ENTITIES (§§ 25-27.6-101 — 25-27.6-112) › Section 25-27.6-104 - License required - repeal

(1)
(a)
On or after July 1, 2022, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a behavioral health entity without having obtained a license therefor from the department.
(b)
On or after July 1, 2021, an entity seeking initial licensure as a behavioral health entity shall apply for a behavioral health entity license if the entity would previously have been licensed as an acute treatment unit, a community mental health center, a community mental health clinic, or a crisis stabilization unit licensed as a community clinic.
(c)
A facility licensed as of June 30, 2021, as an acute treatment unit, a community mental health center, a community mental health clinic, or a crisis stabilization unit licensed as a community clinic shall apply for a behavioral health entity license prior to the expiration of the facility's current license. Such a facility is subject to the standards under which it is licensed as of July 1, 2021, until such time as the behavioral health entity license is issued.
(2)
This section is repealed, effective January 1, 2024.
Amended by 2023 Ch. 206,§ 11, eff. 5/16/2023.
Repealed by 2022 Ch. 222, § 62, eff. 7/1/2022.
Amended by 2020 Ch. 286, § 50, eff. 7/13/2020.
Amended by 2019 Ch. 413, § 10, eff. 7/1/2022.
Added by 2019 Ch. 413, § 1, eff. 8/2/2019.
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 27.6 - BEHAVIORAL HEALTH ENTITIES (§§ 25-27.6-101 — 25-27.6-112) › Section 25-27.6-105 - Minimum standards for behavioral health entities - rules

(1)
On or before April 30, 2021, the state board shall promulgate rules pursuant to section
24-4-103
providing minimum standards for the operation of behavioral health entities within the state. In promulgating the rules, the state board shall establish requirements appropriate to the various types of services provided by behavioral health entities.
(2)
On or before April 30, 2023, the state board shall promulgate rules that must include the following:
(a)
Basic requirements to be met by all behavioral health entities to ensure the health, safety, and welfare of all behavioral health entity consumers, including, at a minimum:
(I)
Consumer assessment, care coordination, patient rights, and consumer notice requirements;
(II)
Administrative and operational standards for governance; consumer records and record retention; personnel, admission, and discharge criteria; policies and procedures; and quality management;
(III)
Physical plant standards, including infection control; and
(IV)
Occurrence reporting requirements promulgated pursuant to section
25-1-124
;
(b)
Service-specific requirements that apply only to behavioral health entities electing to provide that service, including, at a minimum, standards for the services included in the definitions in section
25-27.6-102
of acute treatment unit, community mental health center, community mental health clinic, crisis stabilization unit, walk-in centers, and alcohol use disorder and substance use disorder services that meet the regulatory requirements for licensing, operations, and partnerships with the state;
(c)
Mandatory department inspections of behavioral health entities;
(d)
Behavioral health entity written plans, detailing the measures that will be taken to correct violations found as a result of inspections, submitted to the department for approval;
(e)
Intermediate enforcement remedies imposed by the department as authorized in section
25-27.6-110 (2)(b)
;
(f)
Factors for behavioral health entities to consider when determining whether an applicant's conviction of or plea of guilty or nolo contendere to an offense disqualifies the applicant from employment with the behavioral health entity. The state board may determine which offenses require consideration of these factors.
(g)
Timelines for compliance with behavioral health entity standards that exceed the standards under which a behavioral health entity was previously licensed or approved.
Amended by 2019 Ch. 413, § 7, eff. 7/1/2021.
Added by 2019 Ch. 413, § 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1237), ch. 3633, p. 3633, § 1, effective August 2; IP(2) and (2)(b) amended, (HB 19-1237), ch. 3639, p. 3639, § 7, effective 7/1/2021.
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 27.6 - BEHAVIORAL HEALTH ENTITIES (§§ 25-27.6-101 — 25-27.6-112) › Section 25-27.6-107 - License fees - rules

(1)
(a)
By April 30, 2021, the state board shall promulgate rules establishing a schedule of fees sufficient to meet the direct and indirect costs of administration and enforcement of this article 27.6.
(b)
The department shall assess and collect, from behavioral health entities subject to licensure pursuant to section
25-27.6-106
, fees in accordance with the fee schedule established by the state board.
(2)
The department shall transmit fees collected pursuant to this section to the state treasurer, who shall credit the money to the behavioral health entity cash fund created in section
25-27.6-108
.
(3)
Fees collected pursuant to subsection (1) of this section may be used by the department to provide technical assistance and education to behavioral health entities related to compliance with Colorado law, in addition to regulatory and administrative functions. The department may contract with private entities to assist the department in providing technical assistance and education.
Added by 2019 Ch. 413,§ 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1237), ch. 3636, p. 3636, § 1, effective August 2.
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 27.6 - BEHAVIORAL HEALTH ENTITIES (§§ 25-27.6-101 — 25-27.6-112) › Section 25-27.6-108 - Behavioral health entity cash fund - created

(1)
The behavioral health entity cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money credited to the fund pursuant to section
25-27.6-107
. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the department in performing its duties pursuant to this article 27.6. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and must not be credited or transferred to the general fund or any other fund.
(2)
On December 31, 2024, the state treasurer shall transfer all unexpended and unencumbered money in the fund to the behavioral health licensing cash fund created pursuant to section
27-50-506
.
Amended by 2023 Ch. 206,§ 12, eff. 5/16/2023.
Amended by 2022 Ch. 222, § 63, eff. 7/1/2022.
Added by 2019 Ch. 413, § 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1237), ch. 3636, p. 3636, § 1, effective August 2.
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 27.6 - BEHAVIORAL HEALTH ENTITIES (§§ 25-27.6-101 — 25-27.6-112) › Section 25-27.6-109 - Employee or contracted service provider criminal history record check - rules

A behavioral health entity shall require an applicant seeking employment with or seeking to contract to provide services to the behavioral health entity to submit to a criminal history record check before employment or execution of a contract. The behavioral health entity shall pay the costs of the criminal history record check. The criminal history record check must be conducted not more than ninety days before the employment of or contract with the applicant.
Added by 2019 Ch. 413,§ 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1237), ch. 3637, p. 3637, § 1, effective August 2.
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 27.6 - BEHAVIORAL HEALTH ENTITIES (§§ 25-27.6-101 — 25-27.6-112) › Section 25-27.6-110 - License denial, suspension, or revocation

(1)
When an application for an initial license pursuant to section
25-27.6-106
has been denied by the department, the department shall notify the applicant in writing of the denial by mailing a notice to the applicant at the address shown on the application. Any applicant aggrieved by a denial may pursue a review as provided in article
4
of title
24
, and the department shall follow the provisions and procedures specified in article
4
of title
24
.
(2)
(a)
The department may suspend, revoke, or refuse to renew the license of any behavioral health entity that is out of compliance with the requirements of this article 27.6 or the rules promulgated thereunder. Suspension, revocation, or refusal must be done after a hearing thereon and in compliance with the provisions and procedures specified in article
4
of title
24
.
(b)
(I)
The department may impose intermediate restrictions or conditions on a licensee that operates a behavioral health entity that may include one or more of the restrictions or conditions specified in section
25-27-106(2)(b)
.
(II)
If the department assesses a civil fine pursuant to this subsection (2)(b), the department shall transmit the money to the state treasurer, who shall credit the money to the general fund.
Added by 2019 Ch. 413,§ 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1237), ch. 3637, p. 3637, § 1, effective August 2.
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 27.6 - BEHAVIORAL HEALTH ENTITIES (§§ 25-27.6-101 — 25-27.6-112) › Section 25-27.6-111 - Enforcement

The department is responsible for the enforcement of this article 27.6 and the rules adopted pursuant to this article 27.6.
Added by 2019 Ch. 413,§ 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1237), ch. 3637, p. 3637, § 1, effective August 2.
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 27.6 - BEHAVIORAL HEALTH ENTITIES (§§ 25-27.6-101 — 25-27.6-112) › Section 25-27.6-112 - Repeal of article

This article 27.6 is repealed, effective January 1, 2025.
Amended by 2023 Ch. 206,§ 13, eff. 5/16/2023.
Added by 2022 Ch. 222, § 64, eff. 7/1/2022.
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 28 - COLORADO HEALTH DATA COMMISSION (§ 25-28-101) › Section 25-28-101 - to 25-28-111 - [Repealed]

(1) This article was added in 1985.
(2) Section 25-28-111 provided for the repeal of this article, effective July 1, 1995. (See L. 91, p. 1009.)
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The city and county of Denver department of health and hospitals:
(I)
Provides access to quality preventive, acute, and chronic health care for all the citizens of Denver regardless of ability to pay;
(II)
Provides high quality emergency medical services to the citizens of Denver and the Rocky Mountain region;
(III)
Fulfills public health functions as dictated by the Denver charter and the needs of the citizens of Denver;
(IV)
Provides health education for patients and participates in the education of the next generation of health-care professionals; and
(V)
Engages in research which enhances its ability to meet the health-care needs of patients of the Denver health system.
(b)
In order to carry out its patient care and community service mission in an era of health-care reform, it is necessary that the Denver health system be able to take whatever actions are necessary to enable its continuation as a system which provides the finest possible quality of health care.
(c)
It is essential that the Denver health system be able to maximize its economic viability and productivity in order to avoid becoming increasingly dependent on city, state, and other governmental subsidies.
(d)
Both the quality and economic viability of the Denver health system will be difficult to maintain in the future under the present constraints imposed by government policy and regulation.
(e)
The needs of the citizens of the state of Colorado and of the city and county of Denver will therefore be best served if the Denver health system is operated by a political subdivision charged with carrying out the mission and programs of the Denver health system.
(2)
The general assembly further finds and declares that, after the transfer date, all new employees of the Denver health system shall be employees of the authority.
L. 94: Entire article added, p. 655, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Authority" means the political subdivision and body corporate known as the Denver health and hospital authority created by this article.
(2)
"Board" or "Board of directors" means the board of directors of the authority.
(3)
"City" means the city and county of Denver as constituted under article XX of the state constitution.
(4)
"City employee" means a person employed by the city and county of Denver, whether or not a classified employee.
(5)
"Denver health system" means the programs, services, and facilities operated by the Denver department of health and hospitals prior to the transfer date.
(6)
"Department" means the Denver department of health and hospitals.
(7)
"Health system" means the Denver health system or the programs, services, and facilities operated by the authority after the transfer date.
(8)
"Health system assets" means all property or rights in property, real and personal, tangible and intangible existing on the transfer date, used by or accruing to the department in the normal course of operations.
(9)
"Health system liabilities" means all debts or other obligations, contingent or certain, owing on the transfer date, to any person or other entity, arising out of the operation of the Denver health system and including, without limitation, all debts for the purchase of goods and services, whether or not delivered, and obligations for the delivery of services, whether or not performed.
(10)
"Mayor" means the mayor of the city and county of Denver.
(11)
"Transfer date" means a date agreed to by the city and the authority for the transfer of Denver health system assets to and the assumption of health system liabilities by such authority.
L. 94: Entire article added, p. 656, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-104 - Mission of authority - action of board of directors

(1)
The mission of the authority is to:
(a)
Provide access to quality preventive, acute, and chronic health care for all the citizens of Denver regardless of ability to pay;
(b)
Provide high quality emergency medical services to Denver and the Rocky Mountain region;
(c)
Fulfill public health functions in accordance with the agreement entered into with the city pursuant to the authority granted in section
25-29-105
and the needs of the citizens of Denver;
(d)
Provide for the health education of patients and to participate in the education of the next generation of health-care professionals; and
(e)
Engage in research to the extent that it enhances the ability of the authority to meet the health-care needs of its patients.
(2)
The board of directors shall not transfer assets of the authority or of the health system to any person or entity except for such grants or transfers as may be incidental to health system programs and which are consistent with the purposes of this article.
(3)
Upon the dissolution of the authority, all assets of the authority, after the satisfaction of creditors, shall revert to the city.
(4)
The business activities of the authority, including any joint ventures, shall be primarily in furtherance or in support of the duties and responsibilities of the health system as specified in subsection (1) of this section.
L. 94: Entire article added, p. 658, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-105 - Transfer of health system assets and liabilities to authority

(1)
The authority is authorized to enter into agreements with the city for the purpose of leasing, conveying, or otherwise acquiring Denver's health system assets. Any such lease, conveyance, transfer, or other agreement to acquire such assets shall be on such terms as may be agreed upon by the parties and shall include consideration of the authority's agreement to assume Denver's health system liabilities.
(2)
Any transfer of health system assets to the authority shall be conditioned upon the existence of a binding agreement between the city and the authority transferring management and operation of some or all of the Denver health system to the authority and by which the authority shall accept and agree to fulfill the mission specified in section
25-29-104
and the provisions of section
25-29-107
concerning personnel.
(3)
Any transfer of health system assets to the authority pursuant to this section shall be further conditioned upon the existence of a binding agreement between the authority and the city which provides that, effective on the transfer date and thereafter, the authority shall assume responsibility for and shall defend, indemnify, and hold the city harmless with respect to:
(a)
All liabilities and duties of the city pursuant to contracts, agreements, and leases for commodities, services, and supplies utilized by the Denver health system, including real property leases;
(b)
All claims related to the employment relationship between employees of the authority and the authority on and after the transfer date;
(c)
All claims for breach of contract resulting from the authority's action or failure to act on and after the transfer date; and
(d)
All claims related to the authority's errors and omissions including but not limited to medical malpractice; director and officer liability; workers' compensation; automobile liability; and premises, completed operations, and products liability.
L. 94: Entire article added, p. 659, § 1, effective April 19.
The introductory portion to subsection (3) and subsections (3)(a) to (3)(d) were enacted as the introductory portion to subsection (3)(a) and subsections (3)(a)(I) to (3)(a)(IV) by Senate Bill 94-99, Session Laws of Colorado 1994, chapter 126, section 1, but have been renumbered on revision for ease of location.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-106 - Relationship between authority and city and county of Denver

(1)
On and after the transfer date, except for the power of the city and the mayor to appoint and remove members of the authority's board of directors, the city shall have no further control over the operation of the health system.
(2)
The authority may enter into any agreement with the city including but not limited to contracts for:
(a)
The provision of goods, services, and facilities in support of Denver's health system; and
(b)
Insurance coverage for the authority and its employees for medical malpractice liability from any self-insurance trust fund controlled or maintained by the city.
(3)
The authority shall comply with all of city regulatory laws, ordinances, and rules and regulations generally applicable to entities and property holders in the city.
L. 94: Entire article added, p. 660, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-107 - Personnel

(1)
Any employee of the Denver health system who is an employee of the city on the transfer date may elect to remain a city employee or may elect to become an employee of the authority. An employee may elect to become an employee of the authority at any time on or after the transfer date but may not thereafter return to the city's personnel system while employed by the authority. No city employee shall be discriminated against in training, promotion, retention, assignment of duties, granting of rights and benefits, or any other personnel action. Promotion or a change in position shall not be contingent upon the employee becoming an employee of the authority.
(2)
Any employee of the authority who elects to remain a city employee shall retain all rights and privileges which are applicable to such employee's position.
(3)
In the case of any dispute involving a city employee who is a member of the city personnel system, the authority shall agree to accept resolution of all disciplinary appeals or other employment disputes governed by the city's system according to the rules and procedures applicable to members of the city's personnel system.
(4)
Any city employee who elects to become an employee of the authority shall receive credit from the authority for sick leave and annual leave accrued while employed by the city, the cash equivalent of all or part of such leave, or a combination of credit or cash equivalent, all in accordance with a written agreement between the city and the authority.
(5)
The authority shall establish and administer its own personnel program, including a wage and benefit structure, for authority employees.
L. 94: Entire article added, p. 660, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-108 - Retirement benefits - rights of former city employees

(1)
Any former city employee who elects to become an employee of the authority shall be eligible for membership in the authority's retirement plan.
(2)
The authority shall qualify its retirement plan under section 401 (a) of the "Internal Revenue Code of 1986", as amended, as a governmental plan under section 414 (d) of such code.
L. 94: Entire article added, p. 661, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-109 - Records of board of directors

All resolutions shall be recorded and authenticated by the signature of the secretary of the board of directors. The resolutions and other proceedings of the board of directors, minutes of the board meetings, annual reports and financial statements, certificates, contracts and financial agreements, employee salaries, and bonds given by officers, employees, and any other agents of the authority, and any personnel reports, guidelines, manuals, or handbooks, other than individual personnel files, are a public record as defined in section
24-72-202(6)
and subject to part 2 of article
72
of title
24
. The account of all money received by and disbursed on behalf of the authority is also a public record. Notwithstanding any provision of this section to the contrary, the content of an electronic medical record system and individual medical records or medical information is not a public record, and all writings and other records concerning the modification, initiation, or cessation of patient care and authority health-care programs or initiatives shall not be deemed to be a public record if premature disclosure of information contained in such writings or other records would give an unfair competitive or bargaining advantage to any person or entity.
Amended by 2018 Ch. 144,§ 1, eff. 8/8/2018.
L. 94: Entire article added, p. 661, § 1, effective April 19. L. 2018: Entire section amended, (SB 18-149), ch. 144, p. 928, § 1, effective August 8.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-110 - Meetings of board of directors

(1)
All meetings of the board of directors of the authority shall be subject to the provisions of section
24-6-402
, C.R.S. No business of the board of directors shall be transacted except at a regular or special meeting at which a quorum consisting of at least a majority of the total membership of the board is present. Any action of the board shall require the affirmative vote of a majority of the total membership of the board.
(2)
The board may elect to hold an executive session for the consideration of any documents or data protected from disclosure pursuant to section
25-29-109
.
L. 94: Entire article added, p. 661, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-111 - Disclosure of interests required

Any member of the board of directors and any employee or other agent or advisor of the authority, who has a direct or indirect interest in any contract or transaction with the authority, shall disclose this interest to the authority. This interest shall be set forth in the minutes of the authority, and no director, employee, or other agent or advisor having such interest shall participate on behalf of the authority in the authorization of any such contract or transaction; except that the provisions of this section shall not be construed to prohibit any city employee who is a member of the board of directors who has no personal interest in the matter at hand from voting on the authorization of any such contract or transaction between the authority and the city. The status of a board member as a member of the department board, in and of itself, shall not be a conflicting interest.
L. 94: Entire article added, p. 661, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-114 - Remedies

Any holder of bonds issued under the provisions of this article, or any coupons appertaining thereto and the trustee under any trust agreement or resolution authorizing the issuance of such bonds, except to the extent the rights under this article may be restricted by such trust agreement or resolution, may, either at law or in equity by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the state or granted under this article or under such agreement or resolution, or under any other contract executed by the authority pursuant to this article, and may enforce and compel the performance of all duties required by this article or by such trust agreement or resolution to be performed by the authority or by an officer thereof.
L. 94: Entire article added, p. 667, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-115 - Negotiable instruments

Notwithstanding any of the foregoing provisions of this article or any recitals in any bonds issued under the provisions of this article, all such bonds and interest coupons appertaining thereto shall be negotiable instruments under the laws of this state, subject only to any applicable provisions for registration.
L. 94: Entire article added, p. 667, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-116 - Bonds eligible for investment

Bonds issued under the provisions of this article are hereby made securities in which all insurance companies, trust companies, banking associations, savings and loan associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Public entities, as defined in section
24-75-601(1)
, C.R.S., may invest public funds in such bonds only if said bonds satisfy the investment requirements established in part 6 of article
75
of title
24
, C.R.S. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds, notes, or obligations of the state is authorized by law.
L. 94: Entire article added, p. 667, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-117 - Refunding bonds

(1)
The board of directors may provide for the issuance of refunding obligations of the authority for the purpose of refunding any obligations then outstanding which have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations, and for any corporate purpose of the authority.
(2)
Refunding obligations issued as provided in subsection (1) of this section may be sold or exchanged for outstanding obligations issued under this article, and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of such outstanding obligations. Pending the application of the proceeds of any such refunding obligations, with any other available funds, to the payment of the principal, the accrued interest, and any redemption premium on the obligations being refunded and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing the same, to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in securities meeting the investment requirements established in part 6 of article
75
of title
24
, C.R.S., which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
L. 94: Entire article added, p. 668, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-118 - Nonliability of state for bonds

Neither the state of Colorado nor the city shall be liable for bonds of the authority, and such bonds shall not constitute a debt of the state or the city. The bonds shall contain on the face thereof a statement to such effect.
L. 94: Entire article added, p. 668, § 1, effective April 19.
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 29 - DENVER HEALTH AND HOSPITAL AUTHORITY (§§ 25-29-101 — 25-29-126) › Section 25-29-119 - Members of authority not personally liable on bonds

Neither the members of the board of directors nor any authorized person executing bonds issued pursuant to this article shall be personally liable for such bonds by reason of the execution or issuance thereof.
L. 94: Entire article added, p. 668, § 1, effective April 19.