(1) (a) (I) (A) Subject to the limitations in sub-subparagraph (B) of this subparagraph (I), the state board of health shall establish a schedule of fees, which must be set at a level sufficient to meet the direct and indirect costs of administration and enforcement of this article, as appropriated by the general assembly for each fiscal year, less any moneys appropriated for the same fiscal year by the general assembly from any other source to meet such costs. The fee schedule must also ensure that the reserve balance in the health facilities general licensure cash fund created in section 25-3-103.1 (1) is consistent with the limits specified in section 24-75-402 (3), C.R.S., and must be modified, as necessary, to comply with said limits. The state board shall establish and modify, as necessary, the fee schedule by rules adopted in accordance with article 4 of title 24, C.R.S. Except as specified in subparagraph (II) of this paragraph (a), the department of public health and environment may assess fees in accordance with the fee schedule established by the state board against health facilities licensed by the department. All fees collected pursuant to the fee schedule must be deposited in the health facilities general licensure cash fund created in section 25-3-103.1 (1) and are subject to appropriation by the general assembly in accordance with section 25-3-103.1 (2).
On or after June 4, 2012, the state board of health may increase the amount of anyfee on the schedule of fees established pursuant to subsection (1)(a)(I)(A) of this section that is in effect on June 4, 2012, by an amount not to exceed the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-AuroraLakewood for all urban consumers and all goods, or its applicable predecessor or successor index. Nothing in this subsection (1)(a)(I)(B) limits the ability of the state board of health to reduce the amount of any fee on the schedule of fees in effect on such date or to modify fees as necessary to comply with section 24-75-402.
The department of public health and environment shall institute, by rule, a performance incentive system for licensed health facilities under which a licensed health facility would be eligible for a reduction in its license renewal fee if: The department's on-site relicensure inspection demonstrates that the health facility has no significant deficiencies that have negatively affected the life, safety, or health of its consumers; the licensed health facility has fully and timely cooperated with the department during the on-site inspection; the department has found no documented actual or potential harm to consumers; and, in the case where any significant deficiencies are found that do not negatively affect the life, safety, or health of consumers, the licensed health facility has submitted, and the department has accepted, a plan of correction and the health facility has corrected the deficient practice, as verified by the department, within the period required by the department.
An acute treatment unit shall be assessed a fee as set forth in paragraph (c) of thissubsection (1), an assisted living residence shall be assessed a fee as set forth in section 25-27107, and a separate fee shall be collected pursuant to section 25-3-704 to meet the costs incurred by the department in completing the requirements of part 7 of this article.
A license issued by the department may be revoked at any time by the state board ofhealth for any of the causes set forth in section 25-3-103 or for a licensee's failure to comply with any of the rules of the state board or to make the reports required by section 25-3-104. Any person, partnership, association, company, or corporation opening, conducting, or maintaining any facility for the treatment and care of the sick or injured who does not have a provisional or regular license authorizing such person or entity to open, conduct, or maintain the facility is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars.
(Deleted by amendment, L. 2007, p. 953, § 2, effective May 17, 2007.)
(I) On and after August 7, 2006, an applicant for licensure for an acute treatment unitshall submit to the department nonrefundable fees with an application for licensure as follows:
A fee of one hundred dollars per available bed in addition to a fee of three thousandfive hundred dollars for a license related to new facility operations; except that a facility that converts from a different licensure category to an acute treatment unit shall submit its application and initial licensure fee no later than July 1, 2008;
A fee of twenty dollars per available bed in addition to a fee of one thousand sevenhundred dollars to issue a new license when there has been a change of ownership of an existing licensed acute treatment unit;
A fee of twenty dollars per available bed in addition to a fee of one thousand fivehundred dollars when the licensee seeks annual renewal of an existing acute treatment unit license.
(II) A licensee shall submit a fee of one hundred dollars for an acute treatment unit in the following circumstances:
When submitting a name change for approval by the department; or
When submitting a request to increase the number of licensed beds for approval bythe department.
(III) A licensee shall submit a fee of five hundred dollars for an acute treatment unit in the following circumstances:
For remodeling plan review by the department when the licensee undergoes newconstruction or substantial remodeling of an acute treatment unit, as defined by rule of the state board of health; or
For remodeling on-site review by the department when the licensee undergoes newconstruction or substantial remodeling of an acute treatment unit, as defined by rule of the state board of health. Fees for remodeling on-site review shall be in addition to the fees assessed for remodeling plan review.
(IV) [Editor's note: Subsection (1)(c)(IV) is effective July 1, 2021.] This subsection
(1)(c) is repealed, effective July 1, 2022.
The department of public health and environment shall maintain a full, true, andaccurate accounting of the costs of providing services under this article, including indirect costs, and, at least annually, shall provide a detailed cost accounting report to the health care facility stakeholder forum created in section 25-3-113. The department shall regularly evaluate and update its cost-accounting methods.
Repealed.
On July 1, 2013, any moneys remaining in the health facilities general licensure cashfund created in section 25-3-103.1 (1) from fees collected by the department of public health and environment for health facility building and structure code plan reviews and inspections are transferred to the health facility construction and inspection cash fund created in section 24-33.51207.8, C.R.S.
Source: L. 09: p. 413, § 6. C.L. § 1058. CSA: C. 78, § 138. CRS 53: § 66-4-5. L. 54: p. 133, § 1. C.R.S. 1963: § 66-4-5. L. 71: p. 632, § 5. L. 77: Entire section amended, p. 1275, § 1, effective July 1. L. 95: Entire section amended, p. 1025, § 7, effective July 1. L. 98: (1) amended, p. 1333, § 45, effective June 1. L. 2000: (2) amended, p. 461, § 2, effective August 2. L. 2003: (1)(a) amended, p. 1524, § 1, effective May 1. L. 2006: (1) amended, p. 1391, § 25, effective August 7. L. 2007: (1)(a) and (1)(b) amended, p. 953, § 2, effective May 17. L. 2012: (1)(a)(I) and (2) amended, (HB 12-1294), ch. 252, p. 1257, § 7, effective June 4; (4) added (HB 12-1268), ch. 234, p. 1026, § 3, effective July 1, 2013. L. 2018: (1)(a)(I)(B) amended, (HB 181375), ch. 274, p. 1714, § 60, effective May 29. L. 2019: (1)(c)(IV) added, (HB 19-1237), ch. 413, p. 3640, § 9, effective July 1, 2021.
Editor's note: Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 1996. (See L. 95, p. 1025.)
Cross references: For the legislative declaration in the 2012 act amending subsections (1)(a)(I) and (2), see section 1 of chapter 252, Session Laws of Colorado 2012.