February 4, 2012

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State Board of Health Proposes Rule to Require Annual Influenza Vaccination for Certain Nursing Facility Personnel

February 1, 2012 By Leave a Comment

The Colorado State Board of Health has proposed a rule to require all acute care and long-term nursing care facilities to annually vaccinate personnel against influenza. All other licensed healthcare entities must assess their own clients, staff, and services and develop a written policy regarding influenza vaccination of its health care workers. All licensed healthcare entities will be required to annually report their influenza vaccination rates to the Department.

A hearing on the proposed rule will be held on Wednesday, February 15, 2012 at the Department of Public Health and Environment, Building A, Sabin-Cleere Conference Room, 4300 Cherry Creek Drive South, Denver, Colorado 80246, beginning at 10:00 am.

Full text of the proposed rule can be found here. Further information about the rule and hearing can be found here.

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Public Domain Citation Format Proposed for Colorado Supreme and Appeals Court Published Opinions

November 15, 2011 By 1 Comment

The Colorado Supreme Court is requesting written public comments by any interested person on a Proposal to Adopt a Public Domain Citation Format For Colorado Supreme Court and Court of Appeals Published Opinions.

Given the increasing amount of legal research being conducted via the internet and other electronic resources and the desire to promote equal access to Colorado’s system of justice, the Colorado Supreme Court and the Colorado Court of Appeals are proposing to adopt a public domain citation format that will support the use of Colorado case law in both book and electronic formats.

It is proposed that beginning January 1, 2012, the Clerk of the Colorado Supreme Court and the Clerk of the Colorado Court of Appeals shall assign to all opinions announced for publication a citation that shall include:

  1. The calendar year in which the opinion is announced;
  2. Followed by the Colorado U.S. Postal Code “CO” for opinions issued by the Colorado Supreme Court, or followed by the Colorado U.S. Postal Code “CO” and the abbreviation “App.” for published opinions announcedby the Court of Appeals; and
  3. Followed by a consecutive Arabic numeral, beginning in each new calendar year with the number “1”; for example: “2012 CO 1” for the first opinion announced by the Colorado Supreme Court in 2012, and “2012 CO App. 1” for the first published opinion announced by the Colorado Court of Appeals in 2012.

This public domain citation shall appear on the title page of each published opinion announced by the Court and by the Court of Appeals. All publishers of Colorado Supreme Court and Colorado Court of Appeals materials are requested to include this public domain citation within the heading of each opinion they publish.

Opinions that are not designated for official publication by the Court of Appeals will  not be assigned a public domain citation.

Proper Bluebook public domain citations would appear as follows:

  • Colorado Supreme Court:
  • Primary citation:
    • Smith v. Jones, 2012 CO 22, 989 P.3d 1312.
  • Primary citation with pinpoint citation:
    • Smith v. Jones, 2012 CO 22, ¶¶ 13–14, 989 P.3d 1312, 1314.
  • Subsequent citation with pinpoint citation:
    • Smith, ¶¶ 13–14, 989 P.3d at 1314.
  • Id. citation with pinpoint citation:
    • Id. at ¶¶ 13–14,1314.
  • Colorado Court of Appeals:
  • Primary citation:
    • Jones v. Smith, 2012 CO App. 35, 634 P.3d 125.
  • Primary citation with pinpoint citation:
    • Jones v. Smith, 2012 CO App. 35, ¶¶ 44–45, 634 P.3d 125, 128.
  • Subsequent citation with pinpoint citation:
    • Jones, ¶¶44–45, 634 P.3d at 128.
  • Id. citation with pinpoint citation:
    • Id. at ¶¶44–45, 128.

Click here for further information about the new citation style, including how to cite modified opinions and withdrawn opinions.

An original plus eight copies of written comments concerning this proposal should be submitted to the Clerk of the Colorado Supreme Court, Christopher T. Ryan, 101 W. Colfax Ave., Suite 800, Denver, Colorado 80202, no later than Monday, December 12, 2011, by 5:00 pm.

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State Board of Health Amends Rules Regarding Medical Marijuana Indigency Qualification and Doctors’ Good Standing

October 12, 2011 By Leave a Comment

The Colorado State Board of Health has proposed amendments to the Medical Use of Marijuana rules. The amendments:

  • Modify the indigence standard to conform with HB 11-1043, to clarify how an indigent person can prove qualification; and
  • Clarify the definition of “in good standing” in accord with HB 11-1043, to better delineate the standard for when a doctor can prescribe medical marijuana to a patient.

A hearing on the amended rules will be held on Wednesday, November 16, 2011 at the Department of Public Health and Environment, Building A, Sabin-Cleere Conference Room, 4300 Cherry Creek Drive South, Denver, Colorado 80246, beginning at 10:00 am.

Full text of the proposed rule changes including line edits can be found here. Further information about the rules and hearing can be found here.

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Department of Labor and Employment Proposes Increase in Minimum Wage

October 11, 2011 By Leave a Comment

The Colorado Department of Labor and Employment has proposed to increase the minimum wage in Colorado. Pursuant to the inflation adjustment requirement of Article XVIII, Section 15, of the Colorado Constitution, the  state minimum wage will be raised to $7.64/hour and the state tipped employee minimum wage will be raised to $4.62/hour, effective January 1, 2012.

Current Colorado minimum wages are set at $7.36/hour and $4.34/hour for tipped employees.

A hearing on the amended rule will be held on Friday, November 4, 2011 at the Colorado Division of Labor, 633 17th Street, Second Floor, Denver, Colorado 80202, beginning at 2:00 pm.

Full text of the proposed rule change including line edits can be found here. Further information about the rule and hearing can be found here.

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United States District Court for Colorado Proposes Changes to Local Rules

October 5, 2011 By Leave a Comment

On October 3, 2011, the United States District Court for the District of Colorado announced many proposed amendments to its Local Rules and seeks public comment.

Changes are being proposed to the following rules:

List of Proposed Local Rule Changes for 2011

Revised Appendix A

New Appendix F.3

New Appendix F.4

All changes to the Local Rules will become effective on December 1, 2011.

The proposed rule changes can also be found on the Court’s website or obtained in hard copy at the office of the Clerk of the Court at the Alfred A. Arraj U.S. Courthouse located at 901 19th Street, Denver, Colorado.

Comments may be submitted via email to LocalRule_Comments@cod.uscourts.gov or in hard copy addressed to the Clerk of the Court, United States District Court, Attn: Edward Butler, Legal Officer, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado 80294. When commenting, the Court requests you to identify your comment with the specific rule or rules to which the comment pertains. All comments must be received no later than Friday, October 28, 2011.

The Local Rules that are currently in effect through December 1, 2011 can be found here. The appendices to current Local Rules can be found here.

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[UPDATED] Criminal Procedure Rule 17(h) Revised for Failure to Obey Subpoena; Comments Sought

September 20, 2011 By 2 Comments

Editor’s Note: State Judicial posted a revised version of the proposed changes in October. The links below now direct readers to the updated recommendation.

The Colorado Supreme Court is requesting written public comments by any interested person on proposed changes to Crim. P. 17(h). The Honorable Judge Morris Hoffman of the Denver District Court has written a letter that summarizes the proposed revisions to the rule and outlines arguments for and against the change, which adopts the common understanding that judges have the power to issue bench warrants when witnesses fail to appear for a criminal trial.

Click here to review the changes to the rule and the red line edits.

Click here to read Judge Hoffman’s letter regarding the recommended changes.

The Advisory Committee on Rules of Criminal Procedure has recommended two changes to Crim. P. 17(h), which deals generally with a subpoenaed witness’ failure to appear at a trial or hearing:

  1. A clarification that such a failure to appear is indirect contempt that may be dealt with under C.R.C.P. 107; and
  2. An addition codifying, but also limiting, what many trial judges across the state have always believed was their inherent power to issue bench warrants when witnesses fail to appear for a criminal trial.

The Committee recommends four limitations to this power to issue arrest warrants:

  1. That it be limited to trials, and not apply to hearings;
  2. That the arrested witness must be brought directly and immediately to court;
  3. That a bond be immediately set; and
  4. That the authority to issue the bench warrant automatically expires, and any already-issued warrant automatically is vacated, when the trial is either continued or concluded.

Because the Committee’s recommendations were not unanimous, Judge Hoffman outlined the process by which the Committee came to their conclusions. Due to this conflict, however, it is important that comments regarding the changes be submitted to the Colorado Supreme Court for their review by Wednesday, November 30, 2011 at 5:00 pm.

An original plus eight copies of written comments concerning this rule change should be submitted to the Clerk of the Colorado Supreme Court, Christopher T. Ryan, 101 W. Colfax Ave., Suite 800, Denver, Colorado 80202.

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State Board of Human Services Amends Home Care Allowance and Adult Foster Care Rules

September 20, 2011 By Leave a Comment

The Colorado State Board of Human Services has proposed rules to implement requirements of HB 10-1146, effective January 1, 2011, regarding Home Care Allowance and Adult Foster Care. These proposed rules focus on three elements:

  • Recipients of Supplemental Security Income to receive a full Home Care Allowance benefit;
  • Changes existing eligibility rules for dual recipients of Home Care Allowance, Adult Foster Care, and other long-term care programs; and
  • Changes in responsibilities of the county financial technicians in relation to the Home Care Allowance and Adult Foster Care programs.

The changes implemented in HB 10-1146 required changes to the Colorado Benefits Management System that could not be completed until January 2012.  Therefore, there has been a delay to implement for one year from the effective date of the bill.

Currently, any Home Care Allowance applicants or recipients can be eligible to receive both Home Care Allowance benefits and Home and Community Based waiver services.  Due to changes in statute, the rules will reflect that recipients will not be allowed to receive benefits from both the Home Care Allowance and Home and Community Based Services simultaneously.  This will require current recipients to choose a single benefit program.

As of January 1, 2011, eligibility will be expanded to include Supplemental Security Income (SSI) recipients who receive the maximum SSI benefit.  It is anticipated that many new persons will benefit from the rule changes, such as the developmentally disabled persons who are currently on waitlists for HCBS waiver services and who may be able to utilize Home Care Allowance in the interim.

A hearing on the proposed rules will be held on Friday, November 4, 2011 at the Colorado Department of Human Services, 1575 Sherman Street, Conference Room 4A/B, Denver, Colorado 80203, beginning at 10:00 am.

Full text of the proposed rules including red line edits can be found here. Further information about the rules and hearing can be found here.

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State Board of Human Services Modifies Resource Limits for Food Assistance Program

September 20, 2011 By Leave a Comment

The Colorado State Board of Human Services has amended the resource limits for the Food Assistance Program. This rule change is seen as necessary in order for the Colorado Food Assistance Program to respond to a recent memorandum, dated August 25, 2011, regarding an increase in the resource limits for the Program.

Based on the recent memorandum, the resource limit for households that contain at least one member who is elderly and/or is a person with a disability has increased from $3,000 to $3,250.  The only households that this rule change would apply to would be those households that are eligible for the Food Assistance Program under standard eligibility rules, as laid out in rule section B-4011.1, and who meet the criteria of having at least one member who is elderly and/or is a person with a disability.

Households that do not contain a member who is elderly and/or is a person with a disability and who are eligible under standard eligibility rules will continue to meet the $2,000 resource limit.  Effective March 2011, roughly 97% of all households eligible for the Food Assistance Program are not subject to an asset test due to the implementation of expanded categorical eligibility.

The rule change also seeks to modify the current language at section B-4224 to remove the specific dollar amounts for the resource limits because the resource limit will now be indexed to inflation; therefore, there is potential for the limit to change every October, which is the beginning of the Federal Fiscal Year. The annual adjustment in the resource limit, including the one in October 2011, is a national requirement that all states much adhere to.

A hearing on the amended rules will be held on Friday, November 4, 2011 at the Colorado Department of Human Services, 1575 Sherman Street, Conference Room 4A/B, Denver, Colorado 80203, beginning at 10:00 am.

Full text of the proposed rules including line edits can be found here. Further information about the rules and hearing can be found here.

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DORA Amends Rules Regarding Midwives Registration

September 16, 2011 By Leave a Comment

DORA has proposed to amend the rules regarding midwives registration. The basis and purpose of the proposed rules is to implement the provisions of SB 11-088 and to make conforming amendments to existing rules pertaining to the regulation of direct-entry midwives.

A hearing on the proposed rules will be held on Tuesday, October 25, 2011 at 1560 Broadway, Conference Room 110 D, Denver, Colorado 80202, beginning at 9:00 am.

Full text of the proposed rules including red line edits can be found here. Further information about the rules and hearing can be found here.

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Division of Real Estate Proposes New Rule About Transferring Conservation Easements to Non-Certified Entities

September 9, 2011 By Leave a Comment

The DORA Division of Real Estate has proposed a new rule for the conservation easement certification program. The purpose of this rule is to prevent a non-certified organization from holding a transferred conservation easement for which a tax credit is claimed. The rule applies to any nonprofit entity and any government entity that holds a conservation easement for which a tax credit is claimed.

A hearing on the proposed rule will be held on Monday, October 24, 2011 at 1560 Broadway, Suite 1250 C, Denver, Colorado 80202, beginning at 10:00 am.

Full text of the proposed rule can be found here. Further information about the rule and hearing can be found here.

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SSI Medicaid Eligibility Rules for Children Under 21 Amended

September 9, 2011 By Leave a Comment

The Colorado Department of Health Care Policy and Financing has amended the Medical Assistance Rules concerning Supplemental Security Income Medicaid eligibility effective dates for children under 21. The purpose of this rule change is to revise the eligibility requirements to incorporate changes in federal law governing the effective date of eligibility for individuals under 21 and to provide criteria for granting eligibility to infants who are found to be disabled shortly after birth.

The proposed language was approved for publication effective September 1, 2008. However, it was subsequently deleted through administrative error effective April 1, 2009. The proposed rule is being presented in order to reestablish the previously approved language.

A hearing on the proposed rules will be held on Friday, October 14, 2011 at The Capitol Center, 225 E. 16th Ave., 6th Floor, Denver, Colorado 80203, beginning at 9:00 am.

Full text of the proposed rules including line edits can be found here. Further information about the rules and hearing can be found here.

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Department of Human Services Finds Thousands of Rules to Repeal or Revise

September 8, 2011 By Leave a Comment

On Thursday, September 8, 2011, Governor John Hickenlooper announced that the Colorado Department of Human Services is poised to recommend the repeal of nearly 850 rules that are unnecessary or outdated and the revision of another 2,000 rules.

“Our commitment to cutting red tape and finding appropriate levels of regulation is no secret,” Hickenlooper said. “These proposed changes will help streamline operations in the Department of Human Services. Other state agencies are going through similar reviews of their rules as we work together to make state government more effective and efficient.”

The recommendations follow a comprehensive review of more than 4,300 rules by 63 Human Services employees over the past several months. The effort was the most extensive rule review ever undertaken by the Department of Human Services, which regulates child care centers, foster homes, child protection services, mental health programs, services for individuals with disabilities, and senior services.

Human Services employees received special training to review agency rules for clarity, necessity, and conciseness and were directed to recommend for repeal or revision those rules found to be duplicative, inconsistent, or burdensome. The same scrutiny will be applied to proposed rules for child care centers that are currently working through a public input process.

The department will recommend to the State Human Services Board the repeal of 841 rules and the revision of an additional 2,116.

Some of the rule changes being considered are:

  • Six rules concerning the operation of the County Veterans Service Officer Program, which will be repealed as this program was moved by statute to the Department of Veterans and Military Affairs in 2002.
  • A rule concerning drug precursors, which will be repealed because its statutory foundation was repealed in 1992.
  • Rules for the Colorado Refugee Services Program, which will be revised to more accurately state the categories of individuals eligible for refugee services and the section of federal law that creates the eligibility.

All of the recommendations must now be presented to the State Board of Human Services for approval. The Board’s next meeting is Friday, September 9.

Click here to read the full release from the Governor’s Office regarding the rules.

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