6 Colo. Code Regs. § 1011-1 Chapter 02 Part 5

Current through Register Vol. 47, No. 11, June 10, 2024

Part 5 - WAIVER OF REGULATIONS FOR FACILITIES AND AGENCIES

5.1Statutory Authority, Applicability, and Scope

5.1.1 This Part 5 is promulgated by the State Board of Health pursuant to section 25-1-108(l)(c)(2), C.R.S., in accordance with the general licensing authority of the Department as set forth in section 25-1.5-103, C.R.S.

5.1.2 This Part 5 applies to facilities and agencies licensed by the Department and establishes procedures with respect to waiver of regulations relating to state licensing and federal certification of facilities and agencies. For waivers of the Facility Guidelines Institute (FGI) provisions, see Part 3.

5.1.3 Nothing contained in these provisions abrogates the applicant's obligation to meet minimum requirements under local safety, fire, electrical, building, zoning, and similar codes.

5.1.4 Nothing herein shall be deemed to authorize a waiver of any statutory requirement under state or federal law, except to the extent permitted therein.

5.1.5 It is the policy of the State Board of Health and the Department that every licensed facility and agency complies in all respects with applicable regulations. Upon application to the Department, a waiver may be granted in accordance with this Part 5. Absent the existence of a current waiver issued pursuant to this Part, facilities and agencies are expected to comply at all times with all applicable regulations.

5.1.6 The Department may waive federal regulations pertaining to certification of a facility or agency only when final authority for waiver of the federal regulation seeking to be waived is vested in the Department. "Regulation(s)" includes the terms "standard(s)" and "rule(s)."

5.2Application Procedure

5.2.1 Waiver applications shall be submitted to the Department on the form and in the manner required by the Department.

(A) Only one regulation per waiver application will be considered.

(B) The waiver application shall provide the Department the information and documentation required to validate the conditions under which the waiver is being sought.

(C) The waiver application must be signed by an authorized representative of the facility or agency, who shall be the primary contact person and the individual responsible for ensuring that accurate and complete information is provided to the Department.

5.3Notice and Opportunity to Comment

5.3.1 No later than the date of submitting the waiver application to the Department, written notice of the application shall be posted for thirty (30) days at all public entrances to the facility or agency, as well as in at least one area commonly used by clients, such as a waiting room, lounge, or dining room. If services are not provided on the premises, such as home care agencies and hospices, written notice shall instead be provided directly to clients. The notice shall be dated and include that an application for a waiver has been made, a meaningful description of the substance of the waiver, and that a copy of the waiver shall be provided to clients upon request.

5.3.2 The notice must also indicate that any person interested in commenting on the waiver application may forward written comments directly to the Department at the following address:

Colorado Department of Public Health and Environment

Health Facilities and Emergency Medical Services Division

Licensing & Certification Program

4300 Cherry Creek Drive South C1

Denver, CO 80246-1530

5.3.3 The notice must specify that written comments from interested persons must be submitted to the Department within thirty (30) calendar days of the date the notice is posted, and that persons wishing to be notified of the Department's action on the waiver application may submit to the Department at the above address a written request for notification and a self-addressed stamped envelope.

5.4Department Action Regarding Waiver Application

5.4.1 In making its determination, the Department may consider any information it deems relevant, including but not limited to, occurrence and complaint investigation reports, licensure or certification survey reports, and findings related to the facility or agency and/or the operator or owner thereof.

5.4.2 The Department shall act on a waiver application within ninety (90) calendar days of receipt of the completed application. An application shall not be deemed complete until such time as the applicant has provided all information and documentation requested by the Department.

5.4.3 The Department may specify terms and conditions under which any waiver is granted, including which terms and conditions must be met in order for the waiver to remain effective.

5.5Termination, Expiration, and Revocation of Waiver

5.5.1 The term for which each waiver granted will remain effective shall be specified at the time of issuance, but shall not exceed the term of the current license.

(A) At any time, upon reasonable cause, the Department may review any existing waiver to ensure that the terms and conditions of the waiver are being observed, and/or that the continued existence of the waiver is otherwise appropriate.

(B) Within thirty (30) calendar days of the termination, expiration, or revocation of a waiver, the applicant shall submit to the Department an attestation, in the form required by the Department, of compliance with the regulation to which the waiver pertained.

5.5.2 Change of Ownership. A waiver shall automatically terminate upon a change of ownership of the facility or agency, as defined in Part 2.6. However, to prevent such automatic termination, the prospective new owner may submit a waiver application to the Department prior to the effective date of the change of ownership. Provided the Department receives the new application by this date, the waiver will be deemed to remain effective until such time as the Department acts on the application.

5.5.3 Expiration

(A) Except as otherwise provided in this Part 5, a waiver shall not be granted for a term that exceeds the current license term.

B) If an applicant wishes to maintain a waiver beyond the stated term, it must submit a new waiver application to the Department not less than ninety (90) calendar days prior to the expiration of the current term of the waiver or with a license renewal.

5.5.4 Revocation

(A) Notwithstanding anything in this Part 5 to the contrary, the Department may revoke a waiver if it determines that:

(1) The waiver's continuation jeopardizes the health, safety, or welfare of clients of the facility or agency;

(2) The waiver application contained false or misleading information;

(3) The terms and conditions of the waiver have not been complied with;

(4) The conditions under which a waiver was granted no longer exist or have changed materially; or

(5) A change in a federal or state statute or regulation prohibits, or is inconsistent with, the continuation of the waiver.

(B) Notice of the revocation of a waiver shall be provided to the applicant in accordance with the Colorado Administrative Procedures Act, section 24-4-101, et seq., C.R.S.

5.6 An Applicant may appeal the decision of the Department regarding a waiver application or revocation, as provided in the Colorado Administrative Procedures Act, section 24-4-101, et seq., C.R.S.

6 CCR 1011-1 Chapter 02 Part 5