Colorado § 25-3-102.1 - Deemed status for certain facilities.

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

(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 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 subsection (1)(b), the department may revoke the health facility's deemed status.

(IV) (A) A remote psychiatric inpatient location of a general hospital must only be deemed by the department to meet the requirements for renewal under the general hospital's license if a psychiatric hospital accrediting organization has determined that the remote psychiatric inpatient location satisfies specialized psychiatric requirements to be accredited as a psychiatric hospital.

(B) Nothing in this section prevents the department from conducting an inspection of the remote psychiatric inpatient location for licensing or other requirements.

(C) Nothing in this section prevents the department from conducting an inspection of a remote psychiatric inpatient location to investigate a complaint regarding a violation 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 a health-care facility licensed by the department.

(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.

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. L. 2026: (1)(b)(III) amended and (1)(b)(IV) added, (HB 26-1305), ch. 103, p. 413, § 4, effective May 4.

Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 252, Session Laws of Colorado 2012.