Colorado § 27-50-1006 - Report of occurrences - investigations - rules - definition.

§ 27-50-1006. Report of occurrences - investigations - rules - definition.

(1) Each recovery residence shall report to the BHA all of the following occurrences:

(a) Any occurrence that results in the death of a recovery resident of a recovery residence and is required to be reported to the coroner pursuant to section 30-10-606 as arising from an unexplained cause or under suspicious circumstances;

(b) Any occurrence that results in any of the following serious injuries to a recovery resident:

(I) Brain or spinal cord injuries; or

(II) Second- or third-degree burns involving twenty percent or more of the body surface area of an adult recovery resident or fifteen percent or more of the body surface area of a child residing in the recovery residence;

(c) Any occurrence involving physical, sexual, or verbal abuse of a recovery resident by another resident, an employee of the recovery residence, or a visitor, as described in section 18-3-202, 18-3-203, 18-3-204, 18-3-206, 18-3-402, 18-3-404, or 18-3-405;

(d) Any occurrence involving caretaker neglect of a recovery resident, as defined in section 26-3.1-101 (2.3);

(e) Any occurrence involving misappropriation of a recovery resident's property. As used in this subsection (1)(e), "misappropriation of a recovery resident's property" means a pattern of or deliberately misplacing, exploiting, or wrongfully using, either temporarily or permanently, a recovery resident's belongings or money without the recovery resident's consent.

(f) Any occurrence in which drugs intended for use by a recovery resident are diverted for use by another person.

(2) The state board shall adopt rules specifying the manner, time period, and form in which the reports required pursuant to this section must be made.

(3) A report submitted pursuant to subsection (1) of this section is strictly confidential; except that information in a report may be transmitted to an appropriate regulatory agency having jurisdiction for disciplinary or license sanctions. The information in the reports must not be made public upon subpoena, search warrant, discovery proceedings, or otherwise, except as provided in subsection (5) of this section, and is exempt from disclosure pursuant to section 24-72-204.

(4) The BHA shall investigate each report submitted pursuant to subsection (1) of this section that the BHA determines was appropriately submitted. For each report investigated, the BHA shall prepare a summary of its findings, including the BHA's conclusions and whether there was a violation of licensing standards or a deficiency and whether the recovery residence acted appropriately in response to the occurrence. If the investigation is not conducted on site, the BHA shall specify in the summary how the investigation was conducted. An investigation conducted pursuant to this subsection (4) is in addition to and not in lieu of an inspection required to be conducted pursuant to section 27-50-503 (2) with regard to licensing.

(5) (a) The BHA shall make the following information available to the public:

(I) Investigation summaries prepared pursuant to subsection (4) of this section;

(II) Complaints against a recovery residence that have been filed with the BHA and that the BHA has investigated, including the conclusions reached by the BHA and whether there was a violation of licensing or approval standards or a deficiency and whether the recovery residence acted appropriately in response to the subject of the complaint; and

(III) A listing of deficiency citations issued against each recovery residence.

(b) The information released pursuant to this subsection (5) must not identify the recovery resident or the health-care professional involved in the report.

(6) Prior to the completion of an investigation pursuant to this section, the BHA may respond to an inquiry regarding a report received pursuant to subsection (1) of this section by confirming that the BHA has received the report and that an investigation is pending.

(7) In addition to the report to the BHA for an occurrence described in subsection (1)(c) of this section, the occurrence must be reported to a law enforcement agency.

Source: L. 2026: Entire part added, (SB 26-113), ch. 302, p. 1728, § 2, effective August 12.