§ 25-3-101 — Hospitals - health facilities - licensed - definitions

(1) [ Editor's
note: This version of subsection (1) is effective until July 1, 2026. ] It is unlawful for
any person, partnership, association, or corporation to open, conduct, or maintain
any general hospital; hospital unit; freestanding emergency department as defined
in section 25-1.5-114; psychiatric hospital; community clinic; rehabilitation hospital;
convalescent center; facility for persons with developmental disabilities, as defined
in section 25-1.5-103 (2)(c); nursing care facility; hospice care; assisted living
residence, except an assisted living residence shall be assessed a license fee as set
forth in section 25-27-107; dialysis treatment clinic; ambulatory surgical center;
birthing center; home care agency; or other facility of a like nature, except those
wholly owned and operated by any governmental unit or agency, without first
having obtained a license from the department.

(1) [ Editor's note: This version of subsection (1) is effective July 1, 2026. ] It is
unlawful for any person, partnership, association, or corporation to open, conduct,
or maintain any general hospital; hospital unit; freestanding emergency department
as defined in section 25-1.5-114; critical access hospital as defined in section 25-1.5-114.5; psychiatric hospital; community clinic; rehabilitation hospital; convalescent
center; facility for persons with developmental disabilities as defined in section 25-1.5-103 (2)(c); nursing care facility; hospice care; assisted living residence, except
an assisted living residence shall be assessed a license fee as set forth in section
25-27-107; dialysis treatment clinic; ambulatory surgical center; birthing center;
home care agency; or other facility of a like nature, except those wholly owned and
operated by a governmental unit or agency, without first having obtained a license
from the department.

(2) As used in this section, unless the context otherwise requires:

(a) (I) Community clinic means a health-care facility that provides health-care services on an ambulatory basis, is neither licensed as an on-campus
department or service of a hospital nor listed as an off-campus location under a
hospital's license, and meets at least one of the following criteria:

(A) Operates inpatient beds at the facility for the provision of extended
observation and other related services for not more than seventy-two hours;

(B) Provides emergency services at the facility and is not otherwise required
to obtain licensure as a freestanding emergency department in accordance with
section 25-1.5-114; or

(C) Is not otherwise subject to health facility licensure under this section or
section 25-1.5-103 but opts to obtain licensure as a community clinic in order to
receive private donations, grants, government funds, or other public or private
reimbursement for services rendered.

(II) Community clinic includes a prison clinic operated by the department of
corrections.

(III) Community clinic does not include:

(A) A federally qualified health center, as defined in the federal Social
Security Act, 42 U.S.C. sec. 1395x (aa)(4);

(B) A rural health clinic, as defined in section 1861 (aa)(2) of the federal
Social Security Act, 42 U.S.C. sec. 1395x (aa)(2);

(C) A facility that functions only as an office for the practice of medicine or
the delivery of primary care services by other licensed or certified practitioners; or

(D) A freestanding emergency department, as defined in and required to be
licensed under section 25-1.5-114.

(b) Hospital unit means a physical portion of a licensed or certified general
hospital, psychiatric hospital, maternity hospital, or rehabilitation hospital that is
leased or otherwise occupied pursuant to a contractual agreement by a person
other than the licensee of the host facility for the purpose of providing outpatient or
inpatient services.

(3) Nothing in this section shall be construed to require the licensing of
individual services provided by a licensed or certified provider on its own premises.

(4) A health-care facility is not required to be licensed as a community clinic
solely due to the facility's ownership status, corporate structure, or engagement of
outside vendors to perform nonclinical management services. This section permits
regulation of a physician's office only to the extent the office is a community clinic
as defined in this section.

Legislative History

Source: L. 09: p. 411, � 1. C.L. � 1053. CSA: C. 78, � 133. CRS 53: � 66-4-1. C.R.S. 1963: � 66-4-1. L. 71: p. 631, � 1. L. 78: Entire section amended, p. 440, � 3, effective May 18. L. 83: Entire section amended, p. 1051, � 1, effective May 25. L. 84: (1) amended, p. 338, � 4, effective April 25. L. 94: (1) amended, p. 2750, � 404, effective July 1. L. 95: Entire section amended, p. 1023, � 2, effective July 1. L. 2002: (1) amended, p. 1329, � 16, effective July 1. L. 2006: (1) amended, p. 1391, � 23, effective August 7. L. 2008: (1) amended, p. 2233, � 2, effective August 5. L. 2011: (1) and (2) amended, (HB 11-1101), ch. 94, p. 277, � 2, effective April 8; (2)(a) amended, (HB 11-1323), ch. 265, p. 1198, � 2, effective June 2. L. 2012: (1) and (2)(a) amended and (4) added, (HB 12-1294), ch. 252, p. 1253, � 3, effective June 4. L. 2019: (1), (2)(a)(I)(B), and (2)(a)(III)(C) amended and (2)(a)(III)(D) added, (HB 19-1010), ch. 324, p. 2998, � 3, effective August 2; (1) amended, (HB 19-1237), ch. 413, p. 3641, � 12, effective July 1, 2022. L. 2020: (2)(a)(III)(A) amended, (SB 20-136), ch. 70, p. 287, � 22, effective September 14. L. 2022: (1) amended, (HB 22-1278), ch. 222, p. 1592, � 228, effective July 1, 2024. L. 2024: (1) amended, (SB 24-121), ch. 439, p. 3066, � 3, effective July 1, 2026.