Colorado § 26-3.1-108 - Notice of report - appeals - rules.

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

(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.

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.

Editor's note: This section is similar to former § 26-3.1-105 as it existed prior to 2012.