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Legislative Year: 2022 Change
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Bill Detail: SB22-154

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Title Increasing Safety In Assisted Living Residences
Status Governor Signed (06/02/2022)
Bill Subjects
  • Human Services
  • Public Health
House Sponsors M. Young (D)
K. McCormick (D)
M. Lindsay (D)
Senate Sponsors J. Danielson (D)
House Committee Public and Behavioral Health & Human Services
Senate Committee Health and Human Services
Date Introduced 03/14/2022
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.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (04/25/2022) (most recent)  
Additional Bill Documents Bill Documents
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  • Past fiscal notes
  • Committee activity and documents
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