Colorado § 25-3-102 - License - application - issuance - waiver - certificate of compliance required - rules.

§ 25-3-102. License - application - issuance - waiver - certificate of compliance required - rules.

(1) (a) [Editor's note: This version of subsection (1)(a) is effective until July 1, 2028.] An applicant for a license described in section 25-3-101 shall apply to the department of public health and environment annually upon such form and in such manner as prescribed by the department; except that a community residential home shall make application for a license pursuant to section 25.5-10-214, C.R.S.

(1) (a) [Editor's note: This version of subsection (1)(a) is effective July 1, 2028.]

(I) An applicant for a license described in section 25-3-101 shall apply to the department every two years upon such form and in such manner as prescribed by the department; except that a community residential home shall make application for a license pursuant to section 25.5-10-214.

(II) On or before July 1, 2030, notwithstanding subsection (1)(a)(I) of this section, the department may issue a license described in section 25-3-101 to an applicant and require the applicant to apply to the department after a one-year period as the department deems appropriate.

(b) The department has authority to administer oaths, subpoena witnesses or documents, and take testimony in all matters relating to issuing, denying, limiting, suspending, or revoking a license.

(c) The department shall issue licenses to applicants furnishing satisfactory evidence of fitness to conduct and maintain a health facility described in section 25-3-101 in accordance with this part 1 and the rules adopted by the department. The department shall not require, as satisfactory evidence of fitness, evidence as to whether an applicant has provided self declarations, affidavits, or other attestations as to its general compliance with statutory or regulatory licensing requirements. The department shall determine an applicant's fitness solely based on the specific fitness information or documentation submitted by the applicant upon the department's request or as otherwise acquired by the department through its own review or investigation of the applicant. The department may require the applicant to attest to the accuracy of the information provided as long as the attestation does not require the applicant's affirmation of its general compliance with statutory or regulatory licensing requirements. CAPS check information pursuant to section 26-3.1-111 (6)(a)(III) may be considered part of an applicant's evidence of fitness. The board may promulgate rules as necessary to implement this subsection (1)(c).

(d) (I) The license expires one year after the date of issuance.

(II) This subsection (1)(d) is repealed, effective July 1, 2028.

(d.5) The main hospital must demonstrate that it meets the following conditions in its application for renewal of a license described in section 25-3-101 in order for a remote psychiatric inpatient location to continue to operate under the main hospital's general hospital license:

(I) The remote psychiatric inpatient location is designated by the commissioner of the behavioral health administration to provide services pursuant to article 65 of title 27;

(II) The remote psychiatric inpatient location is federally determined as a remote location of a general hospital with provider-based status pursuant to 42 CFR 413.65;

(III) The remote psychiatric inpatient location meets all state board of health psychiatric hospital rules; and

(IV) The remote psychiatric inpatient location is certified to accept medicaid and serves medicaid members.

(e) (I) For a change of ownership, the department shall conduct a fitness review of a new owner based upon information compiled within the five years preceding the date of the application; except that the new owner shall disclose whether, within the ten years preceding the date of an application, the new owner:

(A) Has been convicted of a felony or misdemeanor involving moral turpitude;

(B) Had a state license or federal certification denied, revoked, or suspended by another jurisdiction;

(C) Had a civil judgment or criminal conviction against the new owner in a case brought by the federal, state, or local authorities that resulted from the operation, management, or ownership of a health facility or other entity related to substandard patient care or health-care fraud.

(II) The new owner shall provide the information specified in subparagraph (I) of this paragraph (e) to the department regardless of whether action has been stayed during a judicial appeal or otherwise settled between the parties.

(III) The department may review an existing owner of a licensed health facility or entity only when the department has new information not previously available or disclosed that bears on the fitness of the existing owner to operate or maintain a licensed health facility or entity.

(IV) A conversion of the health facility's or entity's legal structure, or the legal structure of an entity that has a direct or indirect ownership interest in the health facility or entity, is not a change of ownership unless the conversion also includes a transfer of at least fifty percent of the licensed facility's direct or indirect ownership interest to one or more new owners.

(2) Repealed.

(3) (a) Notwithstanding any provision of law to the contrary, the department of public health and environment shall not issue or renew any license described in section 25-3-101 for a facility covered by section 25-1.5-103 (5) unless the department receives a certificate of compliance for the applicant's building or structure from the division of fire prevention and control in the department of public safety in accordance with part 12 of article 33.5 of title 24, C.R.S.

(b) The department of public health and environment shall take action on an application for licensure within thirty days after the date that the department receives from the applicant all of the necessary information and documentation required for licensure, including a certificate of compliance from the division of fire prevention and control.

(4) If at any time a remote psychiatric inpatient location of a general hospital is no longer federally determined to have provider-based status pursuant to 42 CFR 413.65, the remote psychiatric inpatient location must secure a psychiatric hospital license from the department to continue operations.

Source: L. 09: p. 412, § 2. C.L. § 1054. CSA: C. 78, § 134. C.R.S. 53: § 66-4-2. C.R.S. 1963: § 66-4-2. L. 71: p. 631, § 2. L. 79: Entire section amended, p. 1094, § 3, effective July 1. L. 94: (1) amended, p. 2750, § 405, effective July 1. L. 95: (1) amended, p. 1023, § 3, effective July 1. L. 2006: (2) amended, p. 1391, § 24, effective August 7. L. 2010: (2) amended, (SB 10-175), ch. 188, p. 799, § 61, effective April 29. L. 2012: (1) amended, (HB 12-1294), ch. 252, p. 1254, § 4, effective June 4; (1) amended and (3) added, (HB 12-1268), ch. 234, p. 1025, § 2, effective July 1, 2013. L. 2013: (3)(a) amended, (HB 13-1300), ch. 316, p. 1688, § 75, effective August 7; (1)(a) amended, (HB 13-1314), ch. 323, p. 1807, § 39, effective March 1, 2014. L. 2019: (2) amended, (HB 19-1237), ch. 413, p. 3638, § 3, effective August 2. L. 2020: (1)(c) amended, (HB 20-1302), ch. 265, p. 1274, § 9, effective September 14; (1)(d) amended, (SB 20-113), ch. 19, p. 75, § 2, effective September 14. L. 2026: (1)(d.5) and (4) added, (HB 26-1305), ch. 103, p. 412, § 3, effective May 4; (1)(a) amended, (SB 26-138), ch. 308, p. 1764, § 5, effective July 1, 2028; (1)(d)(II) added by revision, (SB 26-138), ch. 308, pp. 1764, 1775, §§ 5, 19.

Editor's note: (1) Amendments to subsection (1) by House Bill 12-1268 and House Bill 12-1294 were harmonized, effective July 1, 2013.

(2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 2021. (See L. 2019, p. 3638.)

Cross references: For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2012 act amending subsection (1), see section 1 of chapter 252, Session Laws of Colorado 2012. For the legislative declaration in SB 20-113, see section 1 of chapter 19, Session Laws of Colorado 2020. For the legislative declaration in SB 26-138, see section 1 of chapter 308, Session Laws of Colorado 2026.

ANNOTATION

Relicensing and recertification. The court of appeals cannot order the department of health to recertify or relicense a nursing facility for this decision is statutorily committed to the department of health. State Dept. of Health v. Geriatrics, 699 P.2d 952 (Colo. 1985).

Applied in Spears Free Clinic & Hosp. for Poor Children v. State Bd. of Health, 122 Colo. 147, 220 P.2d 872 (1950).