| Summary |
Section 1 of the bill, with regard to the involuntary discharge of
residents from an assisted living residence (residence):
•
Requires a residence to provide written notice to the
resident and other specified persons at least 30 days prior
to the involuntary discharge;
•
Requires the residence to include certain information and
documentation with the written notice; and
•
Establishes a process for a resident or other specified
persons to challenge an involuntary discharge, including
the ability to file a grievance with the residence, a
requirement that the residence respond to the grievance, the
ability to appeal to the department of public health and
environment (department), and the ability to request an
administrative hearing.
Section 2 requires the state board of health (state board) to
promulgate rules that:
•
Require all residence administrators, on and after January
1, 2024, to meet or exceed the minimum educational,
training, and experience standards established by the state
board, and section 3 establishes a fine for the residence if
the residence's administrator fails to meet the standards;
•
Require the residence owner or residence to conduct a
check of the Colorado adult protective services data system
for any person responsible for the care and welfare of
residents;
•
Require the residence to comply with provisions
concerning involuntary discharge of residents; and
•
Establish a range of fines for violations, including
violations that result in harm or injury to residents.
Section 3 removes the $2,000 annual cap on the amount of fines
that may be imposed by the department as an intermediate restriction or
condition on a residence license and requires the department to impose a
fine for any violation resulting in actual harm or injury to a resident. The
bill allows the department to determine the amount of the fine, consistent
with state board rules, based on factors listed in the bill including, in part:
•
The size of the residence and the number of residents
impacted by the violation;
•
The actual or potential harm to one or more residents;
•
Prior violations or a pattern of violations; and
•
The level of fine that will deter future violations.
Section 3 also:
•
Requires the department to suspend, revoke, or refuse to
renew a residence license if a resident is subject to
mistreatment that causes injury to the resident; the
residence's owner or administrator either directly caused
the mistreatment or the mistreatment resulted from the
administrator's failure to adequately train or supervise
employees; and a directed written plan to correct the
violation, in addition to the assessment of civil fines, has
not or is not reasonably expected to correct the violations;
and
•
Permits the department to refuse to renew a license if the
residence administrator does not meet or exceed the
minimum educational, training, and experience standards
established by the state board.
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