Colorado § 25-27-107 License fees - rules

Colorado Statutes

§ 25-27-107 — License fees - rules

Colorado § 25-27-107

Title 25Public

Art.Assisted Living Residences

This text of Colorado § 25-27-107 (License fees - rules) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 25-27-107 (2026).

Text

(1)Repealed. (1.5) (a) No later than January 1, 2009, the state board shall promulgate rules establishing a schedule of fees sufficient to meet the direct and indirect costs of administration and enforcement of this article 27. The rules shall set a lower fee for facilities with a high medicaid utilization rate as defined by the state board. The rules shall be adopted in accordance with article 4 of title 24. On or after August 1, 2019, but before July 1, 2025, fees established pursuant to this section are subject to the limitations specified in section 25-3-105 (1)(a)(I)(B). The state board may increase a fee on the schedule established pursuant to this section that is in effect on August 1, 2019, only in accordance with section 25-3-105 (1)(a)(I).

(b)Prior to setting a fee by

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(1) Repealed.

(1.5) (a) No later than January 1, 2009, the state board shall promulgate rules
establishing a schedule of fees sufficient to meet the direct and indirect costs of
administration and enforcement of this article 27. The rules shall set a lower fee for
facilities with a high medicaid utilization rate as defined by the state board. The
rules shall be adopted in accordance with article 4 of title 24. On or after August 1,
2019, but before July 1, 2025, fees established pursuant to this section are subject
to the limitations specified in section 25-3-105 (1)(a)(I)(B). The state board may
increase a fee on the schedule established pursuant to this section that is in effect
on August 1, 2019, only in accordance with section 25-3-105 (1)(a)(I).

(b) Prior to setting a fee by rule pursuant to this subsection (1.5), the
department shall hold public stakeholder meetings on behalf of the state board to
discuss issues pertaining to setting fees, including, without limitation, a phased-in
fee schedule based upon expected licensing program costs, maximum yearly fee
increases, risk-based assessments, and technical assistance that may be met by or
in collaboration with the private sector.

(c) The department shall assess and collect, from assisted living residences
subject to licensure, fees in accordance with the fee schedule established by the
state board.

(d) (Deleted by amendment, L. 2010, (HB 10-1422), ch. 419, p. 2108, � 133,
effective August 11, 2010.)

(1.7) For state fiscal year 2025-26 and each state fiscal year thereafter, the
schedule of fees adopted by the state board pursuant to section 25-3-105
(1)(a)(I)(A) must be updated and published by March 1 of the year that the fees will
take effect. The fees are not subject to rule-making by the state board. The fees
must increase:

(a) For state fiscal year 2025-26, eight percent from the fees on the
schedule of fees established pursuant to subsection (1.5)(a) of this section;

(b) For each of state fiscal years 2026-27, 2027-28, and 2028-29, six
percent; and

(c) For state fiscal year 2029-30 and for each state fiscal year thereafter, an
amount that is equal to the annual percentage change in the United States
department of labor's bureau of labor statistics consumer price index, or a
successor index, for Denver-Aurora-Lakewood for all items paid by urban
consumers.

(2) The fees collected pursuant to this section shall be transmitted to the
state treasurer, who shall credit the same to the assisted living residence cash fund
created in section 25-27-107.5.

(3) Notwithstanding the amount specified for any fee in this section, the
state board by rule or as otherwise provided by law may reduce the amount of one
or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce
the uncommitted reserves of the fund to which all or any portion of one or more of
the fees is credited. After the uncommitted reserves of the fund are sufficiently
reduced, the state board by rule or as otherwise provided by law may increase the
amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(4) Fees collected pursuant to subsection (1.5) of this section shall be used
by the department, in addition to regulatory and administrative functions, to provide
technical assistance and education to assisted living residences related to
compliance with Colorado law. The department may contract with private entities to
assist the department in providing such technical assistance and education.

Legislative History

Source: L. 85: Entire section added, p. 926, � 5, effective July 1. L. 90: Entire section amended, p. 1356, � 6, effective July 1. L. 98: (3) added, p. 1337, � 55, effective June 1. L. 2002: Entire section amended, p. 1324, � 8, effective July 1. L. 2008: (1)(f) and (1.5) added, p. 662, �� 2, 3, effective August 5. L. 2009: (1.5)(b) and (4) amended, (SB 09-292), ch. 369, p. 1972, � 92, effective August 5. L. 2010: (1.5)(d) and (4) amended, (HB 10-1422), ch. 419, p. 2108, � 133, effective August 11. L. 2018: (1.5)(a) amended, (SB 18-054), ch. 16, p. 260, � 1, effective August 8. L. 2024: (1.5)(a) amended and (1.7) added, (HB 24-1417), ch. 136, p. 507, � 3, effective July 1.