§ 26-3.1-108 — Notice of report - appeals - rules

Colorado § 26-3.1-108

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Protective Services for Adults

Text

(1) The state department shall
promulgate appropriate rules for the implementation of this article 3.1.

(2) In addition to rules promulgated pursuant to subsection (1) of this section,
the state department shall promulgate rules to establish a process at the state
level by which a person who is substantiated in a case of mistreatment of an at-risk
adult may appeal the finding to the state department. At a minimum, the rules
promulgated pursuant to this subsection (2) must address the following:

(a) The process by which a person who is substantiated in a case of
mistreatment of an at-risk adult receives adequate and timely written notice from
the county department of that finding and of his or her right to appeal the finding to
the state department;

(b) The effective date of the notification of finding and appeal process;

(c) A requirement for and procedures to facilitate the expungement of and
prevention of the release of any information contained in CAPS records for
purposes of a CAPS check related to a person who is substantiated in a case of
mistreatment of an at-risk adult that existed prior to July 1, 2018; except that the
state department and county departments may maintain such information in CAPS
to assist in future risk and safety assessments.

(d) The timeline and process for appealing the finding of a substantiated
case of mistreatment of an at-risk adult;

(e) Designation of the entity other than the county department with the
authority to accept and respond to an appeal by a person substantiated in a case of
mistreatment of an at-risk adult at each stage of the appellate process;

(f) The legal standards involved in the appellate process and a designation of
the party who bears the burden of establishing that each standard is met;

(g) The confidentiality requirements of the appeals process; and

(h) The process to share information about an appeal, including the appeal
outcome with a health oversight agency, as defined in 42 CFR 164.501, within the
department of regulatory agencies or a regulator, as defined in section 12-20-102
(14), within such a health oversight agency, if the health oversight agency or its
regulator requests information about an appeal for the purpose of a regulatory
investigation conducted pursuant to section 12-20-401. Appeal information shared
pursuant to this subsection (2)(h) is confidential and must be used only for the
regulatory investigation.

(3) Repealed.

Legislative History

Source: L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, � 1, effective May 29. L. 2017: Entire section amended, (HB 17-1284), ch. 272, p. 1498, � 5, effective May 31. L. 2020: IP(2) and (2)(c) amended and (3) repealed, (HB 20-1302), ch. 265, p. 1271, � 4, effective September 14. L. 2021: (2)(f) and (2)(g) amended and (2)(h) added, (HB 21-1123), ch. 106, p. 424, � 3, effective September 7.