C.R.S. Section 25-3-105
License

  • fee
  • rules
  • performance incentive system
  • penalty
(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).

(B)

On or after June 4, 2012, the state board of health may increase the amount of any fee 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-Aurora-Lakewood 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. Notwithstanding the requirements of this subsection (1)(a)(I)(B), the state board of health may assess fees necessary to cover the costs associated with the surveys conducted pursuant to section 25-3-128.

(C)

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. Notwithstanding the requirements of this subsection (1)(a)(I)(C), any fees associated with the surveys and investigations of hospitals authorized by section 25-3-128 are not subject to a reduction based on the performance incentive system.

(II)

An acute treatment unit shall be assessed a fee as set forth in paragraph (c) of this subsection (1), an assisted living residence shall be assessed a fee as set forth in section 25-27-107, 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.

(III)

A license issued by the department may be revoked at any time by the state board of health 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.
(b)(Deleted by amendment, L. 2007, p. 953, § 2, effective May 17, 2007.)(c) Repealed.

(2)

The department of public health and environment shall maintain a full, true, and accurate 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.

(3)

Repealed.

(4)

On July 1, 2013, any moneys remaining in the health facilities general licensure cash fund 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 24-33.5-1207.8, C.R.S.

Source: Section 25-3-105 — License - fee - rules - performance incentive system - penalty, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑3‑100.5
Definitions 25‑3‑101
Hospitals - health facilities - licensed - definitions 25‑3‑102
License - application - issuance - certificate of compliance required - rules 25‑3‑102.1
Deemed status for certain facilities 25‑3‑102.5
Nursing facilities - consumer satisfaction survey - pilot survey 25‑3‑103
License denial or revocation - provisional license - rules 25‑3‑103.1
Health facilities general licensure cash fund 25‑3‑103.5
Nondiscrimination - hospital surgical privileges - hospital rules and regulations 25‑3‑103.7
Employment of physicians - when permissible - conditions - definitions - repeal 25‑3‑104
Reports 25‑3‑105
License - fee - rules - performance incentive system - penalty 25‑3‑106
Unincorporated associations 25‑3‑107
Disciplinary actions reported to Colorado medical board or podiatry board 25‑3‑108
Receivership 25‑3‑109
Quality management functions - confidentiality and immunity 25‑3‑110
Emergency contraception - definitions 25‑3‑111
Authentication of verbal orders - hospital policies or bylaws 25‑3‑113
Health-care facility stakeholder forum - creation - membership - duties 25‑3‑115
Stroke advisory board - creation - membership - duties - report - definition - repeal 25‑3‑116
Department recognition of national certification - suspension or revocation of recognition 25‑3‑117
Heart attack database - hospitals to report data on heart attack care 25‑3‑118
Hospital off-campus location - obtain and use unique NPI - definitions 25‑3‑119
Freestanding emergency departments - required notices - disclosures - rules - definitions 25‑3‑120
Regulation of surgical smoke - requirement to adopt a policy - definitions - applicability 25‑3‑121
Health-care facilities - emergency and nonemergency services - required disclosures - balance billing - deceptive trade practice - rules - definitions 25‑3‑122
Out-of-network facilities - emergency medical services - billing - payment - deceptive trade practice 25‑3‑123
Mental health facility pilot program - establishment - rules - definitions 25‑3‑124
Food donations to nonprofit organizations encouraged 25‑3‑125
Visitation rights - hospital patients - residents in nursing care facilities or assisted living residences - limitations - definitions - short title 25‑3‑126
Health facilities - requirements related to labor and childbirth - rules - definitions 25‑3‑127
Emergency room intake data - marijuana use - annual report 25‑3‑128
Hospitals - nurses, nurse aides, and EMS providers - staffing requirements - enforcement - waiver - rules - definitions 25‑3‑129
Office of saving people money on health care - study - report 25‑3‑130
Intimate examination of sedated or unconscious patient - informed consent required - rules - definitions 25‑3‑301
Establishment of public hospital 25‑3‑302
Board of trustees 25‑3‑303
Organization of trustees 25‑3‑304
Trustees - powers and duties 25‑3‑304.5
Hospital collaborative agreements - additional powers 25‑3‑305
Vacancies - removal for cause 25‑3‑306
Right of eminent domain 25‑3‑307
Building requirements 25‑3‑308
Improvements, operations, or enlargements 25‑3‑309
Hospital fees 25‑3‑310
Rules and regulations 25‑3‑311
Donations permitted 25‑3‑312
Training school for nurses 25‑3‑313
Lease of hospital 25‑3‑314
Charge for professional services 25‑3‑315
Records of hospital 25‑3‑401
Department to administer plan 25‑3‑403
Department to administer federal mental health construction funds 25‑3‑601
Definitions 25‑3‑602
Health facility reports - advisory committee - creation - duties 25‑3‑603
Department reports 25‑3‑604
Privacy 25‑3‑605
Confidentiality 25‑3‑606
Penalties 25‑3‑607
Regulatory oversight 25‑3‑701
Short title 25‑3‑703
Hospital report card - rules - exemption 25‑3‑704
Fees 25‑3‑705
Health-care charge transparency - hospital charge report - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 25-3-105’s source at colorado​.gov