(1) On or before November 1, 2002, the state board shall promulgate rules pursuant to section 24-4-103, C.R.S., providing minimum standards for the location, sanitation, fire safety, adequacy of facilities, adequacy of diet and nutrition, equipment, structure, operation, provision of personal services and protective oversight, and personnel practices of assisted living residences within the state of Colorado. Such rules shall differentiate between homes of different sizes. In formulating such rules, the state board shall seek recommendations from the advisory committee established pursuant to section 25-27-110.
(2) Rules promulgated by the state board pursuant to subsection (1) of this section shall include, as a minimum, provisions requiring the following:
Compliance with all applicable zoning, housing, fire, sanitary, and other codes andordinances of the city, city and county, or county where the residence is situated, to the extent that such codes and ordinances are consistent with the federal "Fair Housing Amendments Act of 1988", as amended, 42 U.S.C. sec. 3601 et seq.;
Annual inspection of assisted living residences by the department or its designatedrepresentative;
That the premises to be used are in fit, safe, and sanitary condition and properlyequipped to provide good care to the residents;
That the Colorado long-term care ombudsman, designated by the department of human services, have access to the premises and residents during reasonable hours for the purposes set out in the federal "Older Americans Act of 1965";
Protection of the individual rights of residents either through a written board and careplan or by means of contracts executed with the residents, which board and care plan or contract shall meet the requirements stated in section 25-27-104.5;
Responsibility of the assisted living residences for social supervision, personal services, and coordination with community resources as needed by the residents;
That the administrator and staff of a residence meet minimum educational, training,and experience standards established by the state board, including a requirement that such persons be of good, moral, and responsible character. In making such a determination, the owner or licensee of a residence may have access to and shall obtain any criminal history record information from a criminal justice agency, subject to any restrictions imposed by such agency, for any person responsible for the care and welfare of residents of such residence.
Intermediate enforcement remedies as authorized by section 25-27-106 (2);
Written plans, to be submitted by residences to the department for approval, detailingthe measures that will be taken to correct violations found as a result of inspections;
The definition for high medicaid utilization facility as a basis for a modified feeschedule. A high medicaid utilization residence shall be a residence in which no less than thirtyfive percent of the available beds are occupied by medicaid enrollees as indicated by the most complete claims data available.
A modified fee schedule for residences that serve a disproportionate share of lowincome residents. The board may adopt a standard for determining residences that serve a disproportionate share of low-income residents. Such standard may require a residence to submit documentation determined appropriate by the department for verification.
Source: L. 84: Entire article added, p. 791, § 1, effective July 1. L. 85: Entire section R&RE, p. 925, § 4, effective July 1. L. 90: (2)(a) amended and (2)(g) added, p. 1355, § 3, effective July 1. L. 94: (2)(d) amended, p. 2703, § 259, effective July 1. L. 2002: (1), IP(2),
(2)(a), (2)(b), (2)(f), and (2)(g) amended and (2)(h) to (2)(k) added, p. 1318, § 4, effective July 1. L. 2003: (2)(k) amended, p. 1998, § 47, effective May 22. L. 2006: (2)(e) amended, p. 254, § 2, effective January 1, 2007.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (2)(d), see section 1 of chapter 345, Session Laws of Colorado 1994.