6 Colo. Code Regs. § 1011-1 Chapter 04, pt. 3
Current through Register Vol. 47, No. 20, October 25, 2024
Part 3 - [Effective 10/15/2024] DEPARTMENT OVERSIGHT3.1 Application Fees (A) Initial License (when such initial licensure is not a change of ownership)(1) A license applicant shall submit a nonrefundable fee with an application for licensure as follows: Number of Inpatient Beds | Fee |
1 - 25 beds | $9,030.07 |
26 - 50 beds | $11,287.59 |
51 - 100 beds | $14,109.49 |
101 + beds | Base: $11,061.84 |
| Per bed: $56.44 |
| Cap: $22,575.19 |
(a) The initial fee for facilities to be licensed as general hospitals, but certified as long term care hospitals pursuant to 42 CFR 482 et seq., shall be as follows: a base fee of $6,433.92 and a per inpatient bed fee of $56.44. The initial licensure fee for long-term care hospitals shall not exceed $11,851.97.(B) Renewal License (1) A license applicant shall submit an application for licensure with a nonrefundable fee as shown in the following table. The total renewal fee shall not exceed $9,030.07.(2) A license applicant that is accredited by an accrediting organization recognized by the Centers for Medicare and Medicaid Services as having deeming authority may be eligible for a ten (10) percent discount off the base renewal license fee. In order to be eligible for this discount, the license applicant shall submit copies of its most recent recertification survey(s), and any plan(s) of correction with the most recent letter of accreditation showing the license applicant has full accreditation status in addition to a completed renewal application. Number of Inpatient Beds | Fee | Fee with Deeming Discount |
1 - 50 beds | Base: $1,015.88 Per bed: $13.54 | Base: $914.29 Per bed: $13.54 |
51 - 150 beds | Base: $1,580.27 Per bed: $13.54 | Base: $1,422.24 Per bed: $13.54 |
151+ beds | Base: $2,257.52 Per bed: $13.54 Cap: $9,030.07 | Base: $2,031.76 Per bed:$13.54 Cap: $9,030.07 |
(C) Change of Ownership (1) A license applicant shall submit a nonrefundable fee of $2,821.89 with an application for licensure.(D) Provisional License (1) A license applicant may be issued a provisional license upon submittal of a nonrefundable fee of $2,821.89.(2) If a provisional license is issued, the provisional license fee shall be paid in addition to the initial license fee.(E) Conditional License(1) A license applicant that is issued a conditional license by the Department shall submit a nonrefundable fee ranging from ten (10) to twenty-five (25) percent of its applicable renewal fee.(2) The Department shall determine and assess the fee based on the anticipated costs of monitoring compliance with the conditional license.(3) Conditional license fees shall be paid in accordance with the requirements of 6 CCR 1011-1, Chapter 2, Part 2.8.3.(F) Other Regulatory Functions (1) If a license applicant requests an onsite inspection for a regulatory oversight function other than those listed in Parts 3.1(A)-(E), the Department may conduct such onsite inspection upon notification to the hospital of the fee in advance and payment thereof.(2) The fee shall be calculated solely based on the cost of conducting such survey. A detailed justification of the basis of the fee shall be provided to the license applicant upon request.(G) Off-Campus Locations (1) A license applicant shall submit a nonrefundable fee, as set forth below, for the requested license action. (a) Addition of Location: $1,128.76 for the addition of each location to the list of off-campus locations under the license, except that critical access hospitals shall submit a nonrefundable fee of 564.37.(b) Annual Renewal: $564.37 for the annual renewal of each off-campus location listed under the license.(i) $507.95 for the annual renewal of each off-campus location that is accredited by an accrediting organization recognized by the Centers for Medicare and Medicaid Services as having deeming authority. In order to be eligible for this discount, the license applicant shall submit copies of its most recent recertification survey(s), and any plan(s) of correction with the most recent letter of accreditation showing the license applicant has full accreditation status in addition to a completed renewal application.(c) Removal of Location: $406.36 for the removal of each location from the list of off-campus locations under the license.3.2 Increase in Licensed Capacity (A) Planned increase in licensed capacity (1) Each hospital shall comply with the requirements of 6 CCR 1011-1, Chapter 2, Part 2.9.6, regarding the written notification of changes affecting the licensee's operation or information.(2) In addition to (A)(1) above, a hospital that wishes to increase its licensed capacity shall follow the following process: (a) If a hospital notifies the Department, in writing, at least thirty (30) days prior to an increase in licensed capacity, an amended license shall be issued upon payment of the appropriate fee.(b) If requested by the Department, the hospital shall meet with a Department representative prior to implementation to discuss the proposed changes.(c) If a hospital requesting an increase in licensed capacity has been subject to conditions imposed upon its license, pursuant to 6 CCR 1011-1, Chapter 2, Part 2.8.3, or been subject to a plan of correction pursuant to 6 CCR 1011-1, Chapter 2, Part 2.10.4(B), within the past twelve (12) months, the hospital shall submit to the Department evidence that the noted condition(s) have been met, or the plan of correction implemented, when providing the notice of increased capacity.(B) Temporary increase in licensed capacity (1) A hospital seeking a temporary increase in licensed capacity shall follow the requirements of 6 CCR 1011-1, Chapter 2, Part 2.8.2(B).3.3 The Department is authorized to and shall enter, survey, and investigate each hospital as necessary to ensure compliance with the emergency management plan, staffed-bed capacity reporting, and nurse staffing standards pursuant to Section 25-3-128, et seq., C.R.S.3.4 Fines (A) The Department may impose fines, not to exceed one thousand dollars ($1,000.00) per day, for a hospital's failure to: (1) Accurately report a hospital's baseline staffed-bed capacity, or(2) Meet the reported staffed-bed capacity of eighty (80) percent or more of the hospital's reported baseline pursuant to 6 CCR 1009-5, Regulation 2 - Preparations by General or Critical Access Hospitals for an Emergency Epidemic. (a) If a hospital is out of compliance for greater than fourteen (14) consecutive days, and has not notified the Department and submitted a plan of action or waiver pursuant to 6 CCR 1009-5, Regulation 2, the hospital shall be subject to immediate enforcement action, including but not limited to fines, pursuant to Section 25-3-128(5)(d), C.R.S.(B) The Department may impose fines, not to exceed ten thousand dollars ($10,000.00) per day, for a hospital's failure to: (1) Achieve the required staffed-bed capacity within fourteen (14) days after a declared statewide public health emergency or other notification by the Department that surge capacity is needed pursuant to Part 7.1(B)(3)(e);(2) Include the amount of necessary vaccines for administration in its annual emergency management plan and have the vaccines available, to the extent that vaccines are available, at each of its hospital facilities during and outside of the public health emergency; and(3) Include the necessary testing capabilities available in its annual emergency management plan and at each of its hospital facilities, to the extent that testing is available, during and outside of a public health emergency.(C) The Department may take into consideration mitigating or aggravating factors such as, and including:(1) Local factors that make it difficult for hospitals to meet the required staffed bed capacity, such as size of the hospital, location in a rural or frontier area, availability of health care staff, and other location-specific challenges of providing care;(2) The degree, severity, and history of non-compliance;(3) The hospital's voluntary, timely, and complete notification to the Department of non-compliance pursuant to 6 CCR 1009-5, Regulation 2; and(4) The impact on, or threat to, the public health as a result of non-compliance.(D) A hospital may submit a request for a hardship waiver in accordance with 6 CCR 1011-1, Chapter 2, Part 5, Waiver of Regulations for Facilities and Agencies, articulating why they are unable to meet the required staffed-bed capacity of 80% of their baseline.(E) A hospital is subject to a fine not exceeding one thousand dollars ($1,000.00) for each day the hospital is not in compliance with 6 CCR 1011-1, Chapter 4, Part 12.3, Service Availability Form Regarding Non-Medical Denial of Care.6 CCR 1011-1 Chapter 04, pt. 3
47 CR 10, May 25, 2024, effective 7/1/202447 CR 18, September 25, 2024, effective 10/15/2024