June 26, 2019

State Board of Health Amends Rules Regarding Community Clinics

The Colorado State Board of Health has proposed comprehensive revisions to community clinic requirements, including authorizing community clinics to be off-campus locations of general hospitals.

The new proposed rules have been amended as follows:

  • change the name of “community clinics” to “primary care clinics” and the name of “community clinics and emergency centers” to “community emergency centers.”
  • amend the definitions of “primary” and “emergency” care to update and clarify the existing language.
  • exempt Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs) from community clinic regulation, in accordance with recently enacted legislation – specifically HB 11-1101 and HB 11-1323, respectively.
  • require facilities that provide emergency care to always be open during a given 24-hour period; current regulation allows for temporary service interruptions during a 24-hour period.
  • require primary care clinics to have signage as to when they are open and how consumers can obtain services when the facilities are closed.
  • limit seasonal closures to community emergency centers in non-metropolitan areas that experience seasonal population influx (such as centers in ski areas); and requires such facilities to report closures to the Department of Public Health and Environment, use certain signage during the closure and conduct fire drills and review procedures to be following in case of fire or evacuation emergency within specified time frames.
  • authorize community clinics to be off-campus locations of a general hospital, which is prohibited under current regulation.

A hearing on the amended rules will be held on Wednesday, September 21, 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 8:00 am.

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

Department of Health Care Policy and Financing Amends Rule Concerning the Colorado Indigent Care Program

The Colorado Department of Health Care Policy and Financing has amended the the medical assistance rule concerning the Colorado Indigent Care Program. These proposed amendments will align the definition of health care providers qualified to participate in the Colorado Indigent Care Program (CICP) with state law.

Legislation passed in the 2011 session, House Bills 11-1101 and 11-1323, and signed into law by Governor Hickenlooper changed the definition of “general provider” to include Federally Qualified Health Centers and Rural Health Centers. This rule change adds those two provider types to the list of qualified CICP providers.

A hearing on the amended rule will be held on Friday, August 12, 2011 at The Capitol Center, 225 E. 16th Ave., 6th Floor, Denver, Colorado 80203, beginning at 9:00 am.

Full text of the proposed changes with red line edits to the rule can be found here. Further information about the rule and hearing can be found here.

Governor Hickenlooper Signs Dozens More Bills into Law

At the end of last week, forty-one more bills reached Governor John Hickenlooper’s desk and were signed into law. The bills were the twenty-fifth group to emerge from the 2011 General Assembly.

  • HB 11-1014
    • Sponsored by Rep. DelGrosso and Sens. Roberts and Hudak. Concerning the Repeal of  Limiting Trigger Associated with the Child Care Contribution Income Tax Credit.
  • HB 11-1093
    • Sponsored by Rep. Bradford and Sen. Cadman. Concerning the Payment of Specific Ownership Tax on Special Mobile Machinery.
  • HB 11-1105
    • Sponsored by Rep. Acree and Sen. White. Concerning Assaults Against Medical Care Providers.
  • HB 11-1166
    • Sponsored by Rep. Murray and Sen. Aguilar. Concerning the Creation of a Type 1 Diabetes Special License Plate.
  • HB 11-1242
    • Sponsored by Rep. Ferrandino and Sen. Nicholson. Concerning the Provision of Integrated Health Care Services Pursuant to the Colorado Medical Assistance Program.
  • HB 11-1267
    • Sponsored by Rep. McCann and Sen. Mitchell. Concerning an Expansion of the Circumstances in which a Court May Order Further Restrictions as Conditions of a Protection Order Against a Defendant.
  • HB 11-1297
    • Sponsored by Rep. Murray and Sen. Cadman. Concerning the Statewide Internet Portal Authority.
  • HB 11-1307
    • Sponsored by Rep. Becker and Sen. Steadman. Concerning Recovery Audits.
  • HB 11-1324
    • Sponsored by Rep. Acree and Sen. Brophy. Concerning the Application of Provisions Governing the Financial Obligations of a Residential Nonprofit Corporation Upon Alteration of the Membership Status of a Member.
  • HB 11-1043
    • Sponsored by Rep. Massey and Sens. Steadman and Spence. Concerning Medical Marijuana, and Making an Appropriation Therefor.
  • HB 11-1268
    • Sponsored by Rep. Levy and Sen. Nicholson. Concerning Penalties for Traffic Offenses Involving Alcohol and Drugs.
  • HB 11-1303
    • Sponsored by Rep. B. Gardner and Sen. Brophy. Concerning Non-Substantive Revisions of Statutes in the Colorado Revised Statutes, and Amending or Repealing Obsolete, Inconsistent, and Conflicting Provisions of Law.
  • HB 11-1157
    • Sponsored by Rep. Casso and Sen. White. Concerning the Exemption from the Heavy-Duty Diesel Inspection Program of Heavy-Duty Diesel Vehicles Based Outside the Program Area as Part of a Fleet Registered in the Program Area.
  • HB 11-1298
    • Sponsored by Reps. Tyler and Vaad and Sen. Spence. Concerning the Creation of a Special License Plate for Craig Hospital.
  • HB 11-1072
    • Sponsored by Rep. McNulty and Sen. Morse. Concerning the Responsibilities of a Designated Representative of the Proponents of an Initiative Petition.
  • HB 11-1241
    • Sponsored by Rep. DelGrosso and Sen. Lundberg. Concerning the Circumstances in which a Nonprofit Housing Provider that Sells Low-Cost Housing to Low-Income Applicants Who Assist in the Construction of the Housing is Entitled to the Property Tax Exemption for Property Used Strictly for Charitable Purposes.
  • HB 11-1081
    • Sponsored by Rep. Brown and Sen. Schwartz. Concerning the Inclusion of Liquified Petroleum Gas Conversion Vehicles in the List of Qualified Vehicles Available for Efficient Motor Vehicle Incentives.
  • HB 11-1080
    • Sponsored by Rep. Todd and Sen. S. King. Concerning the Address Confidentiality Program.
  • HB 11-1010
    • Sponsored by Rep. Acree and Sen. Brophy. Concerning the Incidental Use of Property Owned by a Fraternal Organization or Veterans’ Organization that is Exempt from Property Tax.
  • HB 11-1250
    • Sponsored by Rep. Acree and Sen. Renfroe. Concerning a Prohibition on Ingestible Medical Marijuana-Infused Products.
  • HB 11-1323
    • Sponsored by Rep. Massey and Sen. Boyd. Concerning an Exemption from State Licensure Requirements for a Community Clinic that is a Rural Health Clinic.
  • HB 11-1002
    • Sponsored by Rep. Nikkel and Sen. Kopp. Concerning the Creation of an On-Line Database for the Department of Transportation’s Financial Information.
  • SB 11-180
    • Sponsored by Sen. Tochtrop and Rep. Looper. Concerning Authority for Taxicabs to Pick Up Passengers Outside Their Assigned Geographic Areas.
  • SB 11-085
    • Sponsored by Sen. B. Shaffer and Rep. McCann. Concerning Increasing the Enforcement of Prohibitions Against Certain Prostitution-Related Offenses, and Authorizing the Creation of a Program for Certain First-Time Offenders.
  • SB 11-134
    • Sponsored by Sen. Kopp and Reps. Murray and Vigil. Concerning the Addition of Certain Drugs to the Statutory List of Schedule 1 Controlled Substances.
  • SB 11-240
    • Sponsored by Sen. Hudak and Rep. Murray. Concerning the Implementation of Sunset Review of the Regulation of Private Occupational Schools, and Requiring the Department of Regulatory Agencies to Review the Functions of the Private Occupational School Division and the Private Occupational School Board and Scheduling a Future Repeal of the Laws Related to Regulation of Private Occupational Schools.
  • SB 11-109
    • Sponsored by Sen. B. Shaffer and Rep. Solano. Concerning the Creation of a Voluntary Contribution Designation Benefiting the Public Education Fund to Appear on the State Individual Income Tax Return Forms.
  • SB 11-206
    • Sponsored by Sen. Boyd and Rep. Bradford. Concerning the Exemption of Certain Noncommercial Mortgage-Related Activities from the “Mortgage Loan Originator Licensing and Mortgage Company Registration Act.”
  • SB 11-256
    • Sponsored by Sens. Guzman and S. King and Reps. Ferrandino and J. Kerr. Concerning Graffiti.
  • SB 11-105
    • Sponsored by Sen. Guzman and Rep. Levy. Concerning In-Home Support Services, Extending their Duration.
  • SB 11-263
    • Sponsored by Sen. Tochtrop and Rep. Becker. Concerning Clarification of the State Sales Tax Exemption for Sales of Medical Products.
  • SB 11-051
    • Sponsored by Sen. Giron and Rep. Swerdfeger. Concerning an Interception of a Person’s Winnings for the Purpose of Paying an Unpaid Debt Due to the State.
  • SB 11-088
    • Sponsored by Sens. Carroll and Lundberg and Rep. Acree. Concerning the Regulation of Direct-Entry Midwives, and Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies.
  • SB 11-193
    • Sponsored by Sen. Aguilar and Reps. B. Gardner and J. Kerr. Concerning the Disclosure of Employment Information to an Employer Regarding a Person Employed to Work with a Person with a Developmental Disability.
  • SB 11-243
    • Sponsored by Sen. Guzman and Rep. Pabon. Concerning the Repeal of the Civil Penalty for Document Fraud.
  • SB 11-264
    • Sponsored by Sen. Newell and Reps. B. Gardner and Lee. Concerning a Clarification of State Law Governing the Circumstances under which a Notice of Lis Pendens Must Be Recorded in Connection with the Filing of a Debt Security Instrument as a Substitute for the Filing of Certain Liens.
  • SB 11-272
    • Sponsored by Sens. Hodge and Aguilar and Reps. Summers and Fields. Concerning the Voluntary Contribution Designation Benefiting the Adult Stem Cells Cure Fund that Appears on the State Individual Income Tax Return Forms.
  • SB 11-187
    • Sponsored by Sen. Newell and Rep. Fields. Concerning the Continuation of the Regulation of Mental Health Professionals, and Continuing the State Boards of Psychologist Examiners, Social Work Examiners, Marriage and Family Therapist Examiners, and Licensed Professional Counselor Examiners.
  • SB 11-254
    • Sponsored by Sen. Steadman and Rep. Pace. Statutory Changes to Improve Practices for Persons Under Community Supervision.
  • SB 11-089
    • Sponsored by Sen. Jahn and Rep. Beezley. Concerning the Continuation of the Authority of the Executive Director of the Department of Revenue to Issue Written Responses Upon the Request of a Taxpayer.
  • SB 11-108
    • Sponsored by Sen. Jahn and Rep. Szabo. Concerning the Repeal of the “Identity Theft and Financial Fraud Deterrence Act.”

For a complete list of Governor Hickenlooper’s 2011 legislation decisions click here.

HB 11-1323: Exempting Rural Health Clinics from State Licensure Requirements

On May 5, 2011, Rep. Tom Massey, R-Buena Vista, and Sen. Betty Boyd, D-Lakewood, introduced HB 11-1323 – Concerning an exemption from state licensure requirements for a community clinic that is a rural health clinic. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, community clinics, like some other health facilities, are required to obtain a license from, submit to on-site inspections by, and obtain approval of construction plans from the department of public health and environment.

The bill excludes from the definition of a community clinic any clinic that is a “rural health clinic” under the federal “Social Security Act,” thereby exempting rural health clinics from state licensure and related requirements. The bill clarifies that while a rural health clinic will no longer be licensed by the department, a rural health clinic continues as a general provider under the Colorado indigent care program. The Health and Environment Committee approved the bill on Friday, May 6 and sent it to the full House for consideration on 2nd Reading.

Since this summary, the bill was introduced in the Senate and has passed its Third Reading.

Summaries of other featured bills can be found here.