2021 Colorado Code
Title 25 - Public Health and Environment
Article 27 - Assisted Living Residences
§ 25-27-106. License Denial, Suspension, or Revocation

1. When an application for an original license has been denied by the department, the department shall notify the applicant in writing of such denial by mailing a notice to the applicant at the address shown on his or her application. Any applicant believing himself or herself aggrieved by such denial may pursue the remedy for review provided in article 4 of title 24, C.R.S., if the applicant, within thirty days after receiving such notice, petitions the department to set a date and place for hearing, affording the applicant an opportunity to be heard in person or by counsel. All hearings on the denial of original licenses shall be conducted in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S.
2. 1. The department may suspend, revoke, or refuse to renew the license of any residence that is out of compliance with the requirements of this article or the rules promulgated thereunder. Such suspension, revocation, or refusal shall be done after a hearing thereon and in conformance with the provisions and procedures specified in article 4 of title 24, C.R.S.
   2. 1. The department may impose intermediate restrictions or conditions on a licensee that may include at least one of the following: (b) (I) The department may impose intermediate restrictions or conditions on a licensee that may include at least one of the following:
         1. Retaining a consultant to address corrective measures;
         2. Monitoring by the department for a specific period;
         3. Providing additional training to employees, owners, or operators of the residence;
         4. Complying with a directed written plan, to correct the violation; or
         5. Paying a civil fine not to exceed two thousand dollars in a calendar year.

      2. (A) If the department imposes an intermediate restriction or condition that is not a result of a life-threatening situation, the licensee shall receive written notice of the restriction or condition. No later than ten days after the date the notice is received from the department, the licensee shall submit a written plan that includes the time frame for completing the plan and addresses the restriction or condition specified.
      3. (A) After submission of an approved written plan, a licensee may first appeal any intermediate restriction or condition on its license to the department through an informal review process as established by the department.
      4. (A) In the event that the department assesses a civil fine pursuant to this paragraph (b), moneys received by the department shall be transmitted to the state treasurer, who shall credit the same to the assisted living residence improvement cash fund, which fund is hereby created.
      5. Civil fines collected pursuant to this paragraph (b) shall be used for expenses related to:
         1. Continuing monitoring required pursuant to this paragraph (b);
         2. Education for licensees to avoid restrictions or conditions or facilitate the application process or the change of ownership process;
         3. Education for residents and their families about resolving problems with a residence, rights of residents, and responsibilities of residences;
         4. Providing technical assistance to any residence for the purpose of complying with changes in rules or state or federal law;
         5. Relocating residents to other facilities or residences;
         6. Maintaining the operation of a residence pending correction of violations, as determined necessary by the department;
         7. Closing a residence; or
         8. Reimbursing residents for personal funds lost, as determined necessary by the department.
         9. Organizations that provide only housekeeping services;

      6. Community and rural health networks that furnish home visits for the purpose of public health monitoring and disease tracking;
      7. An individual who is not employed by or affiliated with a home care agency and who acts alone, without employees or contractors;
      8. Outpatient rehabilitation agencies and comprehensive outpatient rehabilitation facilities certified pursuant to Title XVIII or XIX of the “Social Security Act”, as amended;
      9. Consumer-directed attendant programs administered by the Colorado department of health care policy and financing;
      10. Licensed dialysis centers that provide in-home dialysis services, supplies, and equipment;
      11. Subject to the requirements of section 25-27.5-103 (3), a facility otherwise licensed by the department;
      12. A home care placement agency as defined in subsection (5) of this section;
      13. Services provided by a qualified early intervention service provider and overseen jointly by the department of education and the department of human services; or
      14. A program of all-inclusive care for the elderly established in section 25.5-5-412, C.R.S., and regulated by the department of health care policy and financing and the CMS; except that PACE home care services are subject to regulation in accordance with section 25-27.5-104 (4).
      15. As a condition of obtaining an initial or renewal home care placement agency registration pursuant to this subsection (2), a person applying for initial or renewal registration shall submit to the department, in the form and manner required by the department, proof that the person has obtained and is maintaining general liability insurance coverage that covers the home care placement agency and the providers it refers to home care consumers in an amount determined by the state board by rule pursuant to section 25-27.5-104 (1)(h).

3. The department shall revoke or refuse to renew the license of a facility where the owner or licensee has been convicted of a felony or misdemeanor involving moral turpitude or involving conduct which the department determines could pose a risk to the health, safety, and welfare of the residents of such facility. Such revocation or refusal shall be made only after a hearing is provided in accordance with article 4 of title 24, C.R.S.

History. Source: L. 85: Entire section added, p. 926, § 5, effective July 1. L. 90: (3) added, p. 1356, § 5, effective July 1. L. 2002: (1) and (2) amended, p. 1321, § 7, effective July 1.