§ 25-3-102.1 — Deemed status for certain facilities

Colorado § 25-3-102.1

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Hospitals

Text

(1) (a) In the licensing of an
ambulatory surgical center following the issuance of initial licensure by the
department of public health and environment, the voluntary submission of
satisfactory evidence that the applicant is accredited by the joint commission, the
American association for accreditation of ambulatory surgery facilities, inc., the
accreditation association for ambulatory health care, the American osteopathic
association, or any successor entities shall be deemed to meet certain
requirements for license renewal so long as the standards for accreditation applied
by the accrediting organization are at least as stringent as the licensure
requirements otherwise specified by the department.

(b) (I) In the application for the renewal of a license for a health facility
described in section 25-3-101, other than an ambulatory surgical center, the
department of public health and environment shall deem health facilities that are
currently accredited by an accrediting organization recognized by the federal
centers for medicare and medicaid services as satisfying the requirements for
renewal of the license.

(II) If the standards for national accreditation are less stringent than the
state's licensure standards for a particular health facility, the department of public
health and environment may conduct a survey that focuses on the more stringent
state standards. Beginning one year after the department first grants deemed
status to a health facility pursuant to this subsection (1)(b), the department may
conduct validation surveys, based on a valid sample methodology, of up to ten
percent of the total number of accredited health facilities in the industry. If the
department conducts a validation survey of a health facility, the validation survey is
in lieu of a licensing renewal survey that the health facility would have undergone if
the health facility did not have deemed status pursuant to this subsection (1)(b).
Notwithstanding any other law to the contrary, the department may enter, survey,
and investigate hospitals pursuant to section 25-3-128.

(III) If the department of public health and environment takes an
enforcement activity, as defined in section 25-1.5-103 (2)(b.5), against a health
facility to which it has granted deemed status pursuant to this paragraph (b), the
department may revoke the health facility's deemed status.

(c) Upon submission of a completed application for license renewal, the
department of public health and environment shall accept proof of the
accreditation in lieu of licensing inspections or other requirements. Nothing in this
section exempts an accredited health facility from inspections or from other forms
of oversight by the department as necessary to ensure public health and safety.
Nothing in this section prevents the department of public health and environment
from conducting an inspection of a hospital or other health facility described in
section 25-3-101 to investigate a complaint regarding the provisions of section 27-65-106, 27-65-107, 27-65-108.5, 27-65-109, 27-65-110, or 27-65-119 to the extent
the complaint is applicable to health facilities licensed by the department of public
health and environment.

(2) In determining fees otherwise payable by a health facility for license
renewal, the department of public health and environment shall give due
consideration to efficiencies and savings generated in connection with the deemed
status process in subsection (1) of this section and shall specifically provide an
appropriate credit or reduced fee to a health facility that achieves license renewal
through deemed status.

Legislative History

Source: L. 2008: Entire section added, p. 1236, � 1, effective August 5. L. 2009: (1) amended, (SB 09-292), ch. 369, p. 1970, � 84, effective August 5. L. 2012: Entire section amended, (HB 12-1294), ch. 252, p. 1255, � 5, effective June 4. L. 2022: (1)(b)(II) amended, (HB 22-1401), ch. 178, p. 1180, � 3, effective May 18; (1)(c) amended, (HB 22-1256), ch. 451, p. 3235, � 40, effective August 10. L. 2023: (1)(c) amended, (HB 23-1138), ch. 423, p. 2489, � 11, effective July 1, 2024.