(1)An
application for a license to operate an assisted living residence shall be submitted
to the department annually upon such form and in such manner as prescribed by
the department.
(2)The department shall investigate and pass on each original application
and each renewal application for a license. The department shall inspect or cause
to be inspected the residences to be operated by an applicant for an original license
before the license is granted and shall annually thereafter inspect or cause to be
inspected the residences of all licensees. The department shall make such other
inspections as it deems necessary to ensure that the health, safety, and welfare of
the residents are being protected. The residence shall submit in writing, in a form
prescribed by the department,
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(1) An
application for a license to operate an assisted living residence shall be submitted
to the department annually upon such form and in such manner as prescribed by
the department.
(2) The department shall investigate and pass on each original application
and each renewal application for a license. The department shall inspect or cause
to be inspected the residences to be operated by an applicant for an original license
before the license is granted and shall annually thereafter inspect or cause to be
inspected the residences of all licensees. The department shall make such other
inspections as it deems necessary to ensure that the health, safety, and welfare of
the residents are being protected. The residence shall submit in writing, in a form
prescribed by the department, a plan detailing the measures that will be taken to
correct any violations found by the department as a result of inspections
undertaken pursuant to this subsection (2).
(2.5) (a) When submitting an application for a license pursuant to this
section, or within ten days after a change in ownership or a change in the licensee,
each owner, applicant, or licensee shall submit a complete set of the owner's,
applicant's, or licensee's fingerprints to the Colorado bureau of investigation for the
purpose of conducting a fingerprint-based criminal history record check. The
Colorado bureau of investigation shall forward the fingerprints to the federal
bureau of investigation for the purpose of conducting a fingerprint-based criminal
history record check. The Colorado bureau of investigation shall forward the results
of the criminal history record checks to the department.
(a.5) The department may require that an administrator submit a complete
set of the administrator's fingerprints to the Colorado bureau of investigation for
the purpose of conducting a fingerprint-based criminal history record check. The
Colorado bureau of investigation shall forward the fingerprints to the federal
bureau of investigation for the purpose of conducting a fingerprint-based criminal
history record check. The Colorado bureau of investigation shall forward the results
of the criminal history record checks to the department.
(a.7) When the results of a fingerprint-based criminal history record check of
an applicant performed pursuant to this section reveal a record of arrest without a
disposition, the department shall require that applicant to submit to a name-based
judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state
judicial department records.
(b) The information shall be used by the department in ascertaining whether
the person applying for licensure has been convicted of a felony or of a
misdemeanor, which felony or misdemeanor involves moral turpitude or involves
conduct that the department determines could pose a risk to the health, safety, and
welfare of residents of the assisted living residence. Information obtained in
accordance with this section shall be maintained by the department.
(c) All costs of obtaining any information from a criminal justice agency
pursuant to this section shall be borne by the individual who is the subject of such
check.
(2.8) No license shall be issued or renewed by the department if the owner,
applicant, or licensee of the assisted living residence has been convicted of a felony
or of a misdemeanor, which felony or misdemeanor involves moral turpitude or
involves conduct that the department determines could pose a risk to the health,
safety, and welfare of the residents of the assisted living residence.
(3) Except as otherwise provided in subsection (4) of this section, the
department shall issue or renew a license when it is satisfied that the applicant or
licensee is in compliance with the requirements set out in this article and the rules
promulgated thereunder. Except for provisional licenses issued in accordance with
subsection (4) of this section, a license issued or renewed pursuant to this section
shall expire one year from the date of issuance or renewal.
(4) The department may issue a provisional license to an applicant for the
purpose of operating an assisted living residence for a period of ninety days if the
applicant is temporarily unable to conform to all the minimum standards required
under this article; except that no license shall be issued to an applicant if the
operation of the applicant's residence will adversely affect the health, safety, and
welfare of the residents of such residence. As a condition of obtaining a provisional
license, the applicant shall show proof to the department that attempts are being
made to conform and comply with applicable standards. No provisional license shall
be granted prior to the submission of a criminal background check in accordance
with subsection (2.5) of this section. A provisional license shall not be renewed.
(5) As used in this section, unless the context otherwise requires:
(a) Administrator means an individual who controls and supervises or
attempts to control and supervise the day-to-day operations of an assisted living
residence, including an individual considered an interim administrator for the
purposes of section 25-27-106 (4)(b).
(b) Applicant means an individual who is seeking a license to operate an
assisted living residence.
(c) (I) Owner means an individual who;
(A) Is a sole proprietor, a shareholder in a for-profit or nonprofit corporation,
a partner in a partnership or limited partnership, or a member in a limited liability
company; and
(B) Has a financial or equity interest of fifty percent or more in the entity to
which the license to operate an assisted living residence is issued.
(II) Owner includes a licensee.