Section 25-3-105 - License - fee - rules - performance incentive system - penalty(1)(a)(I)(A) Subject to the limitations in subsections (1)(a)(I)(B) and (1)(a)(I)(B.5) of this section, the state board of health shall establish a schedule of fees, which must be set at a level sufficient to meet the direct and indirect costs of administration and enforcement of this article 3, as appropriated by the general assembly for each fiscal year, less any money appropriated for the same fiscal year by the general assembly from any other source to meet such costs. The fee schedule must also ensure that the reserve balance in the health facilities general licensure cash fund, created in section 25-3-103.1 (1), is consistent with the limits specified in section 24-75-402 (3) and must be modified, as necessary, to comply with the limits. The state board shall establish and modify, as necessary, the fee schedule by rules adopted in accordance with article 4 of title 24. Except as specified in subsection (1)(a)(II) of this section, the department of public health and environment may assess fees in accordance with the fee schedule established by the state board against health facilities licensed by the department. All fees collected pursuant to the fee schedule must be deposited in the health facilities general licensure cash fund, created in section 25-3-103.1 (1), and are subject to appropriation by the general assembly in accordance with section 25-3-103.1 (2).(B) On or after June 4, 2012, and until June 30, 2025, the state board of health may increase the amount of any fee on the schedule of fees established pursuant to subsection (1)(a)(I)(A) of this section that is in effect on June 4, 2012, by an amount not to exceed the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all urban consumers and all goods, or its applicable predecessor or successor index. Nothing in this subsection (1)(a)(I)(B) limits the ability of the state board of health to reduce the amount of any fee on the schedule of fees in effect on such date or to modify fees as necessary to comply with section 24-75-402. Notwithstanding the requirements of this subsection (1)(a)(I)(B), the state board of health may assess fees necessary to cover the costs associated with the surveys conducted pursuant to section 25-3-128.(B.5) For state fiscal year 2025-26 and each state fiscal year thereafter, the schedule of fees adopted by the state board of health pursuant to subsection (1)(a)(I)(A) of this section must be updated and published by March 1 of the year that the fees will take effect. The fees are not subject to rule-making by the state board of health. The schedule of fees must increase eight percent for state fiscal year 2025-26; six percent for each of the state fiscal years 2026-27, 2027-28, and 2028-29; and, for state fiscal year 2029-30, and each year thereafter, the increase must be equal to the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid by urban consumers.(C) The department of public health and environment shall institute, by rule, a performance incentive system for licensed health facilities under which a licensed health facility would be eligible for a reduction in its license renewal fee if: The department's on-site relicensure inspection demonstrates that the health facility has no significant deficiencies that have negatively affected the life, safety, or health of its consumers; the licensed health facility has fully and timely cooperated with the department during the on-site inspection; the department has found no documented actual or potential harm to consumers; and, in the case where any significant deficiencies are found that do not negatively affect the life, safety, or health of consumers, the licensed health facility has submitted, and the department has accepted, a plan of correction and the health facility has corrected the deficient practice, as verified by the department, within the period required by the department. Notwithstanding the requirements of this subsection (1)(a)(I)(C), any fees associated with the surveys and investigations of hospitals authorized by section 25-3-128 are not subject to a reduction based on the performance incentive system.(II) An acute treatment unit shall be assessed a fee as set forth in paragraph (c) of this subsection (1), an assisted living residence shall be assessed a fee as set forth in section 25-27-107, and a separate fee shall be collected pursuant to section 25-3-704 to meet the costs incurred by the department in completing the requirements of part 7 of this article.(III) A license issued by the department may be revoked at any time by the state board of health for any of the causes set forth in section 25-3-103 or for a licensee's failure to comply with any of the rules of the state board or to make the reports required by section 25-3-104. Any person, partnership, association, company, or corporation opening, conducting, or maintaining any facility for the treatment and care of the sick or injured who does not have a provisional or regular license authorizing such person or entity to open, conduct, or maintain the facility is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars.(b) (Deleted by amendment, L. 2007, p. 953, § 2, effective May 17, 2007.)(2) The department of public health and environment shall maintain a full, true, and accurate accounting of the costs of providing services under this article, including indirect costs, and, at least annually, shall provide a detailed cost accounting report to the health care facility stakeholder forum created in section 25-3-113. The department shall regularly evaluate and update its cost-accounting methods.(4) On July 1, 2013, any moneys remaining in the health facilities general licensure cash fund created in section 25-3-103.1 (1) from fees collected by the department of public health and environment for health facility building and structure code plan reviews and inspections are transferred to the health facility construction and inspection cash fund created in section 24-33.5-1207.8, C.R.S.Amended by 2024 Ch. 136,§ 2, eff. 7/1/2024.Amended by 2022 Ch. 178, § 4, eff. 5/18/2022.Amended by 2019 Ch. 413, § 9, eff. 7/1/2021.Amended by 2018 Ch. 274, § 60, eff. 5/29/2018.Amended by 2013 Ch. 24, § 2, eff. 3/14/2013.L. 09: p. 413, § 6. C.L. § 1058. CSA: C. 78, § 138. CRS 53: § 66-4-5. L. 54: p. 133, § 1. C.R.S. 1963: § 66-4-5. L. 71: p. 632, § 5. L. 77: Entire section amended, p. 1275, § 1, effective July 1. L. 95: Entire section amended, p. 1025, § 7, effective July 1. L. 98: (1) amended, p. 1333, § 45, effective June 1. L. 2000: (2) amended, p. 461, § 2, effective August 2. L. 2003: (1)(a) amended, p. 1524, § 1, effective May 1. L. 2006: (1) amended, p. 1391, § 25, effective August 7. L. 2007: (1)(a) and (1)(b) amended, p. 953, § 2, effective May 17. L. 2012: (1)(a)(I) and (2) amended, (HB 12-1294), ch. 1257, p. 1257, § 7, effective June 4; (4) added (HB 12-1268), ch. 1026, p. 1026, § 3, effective 7/1/2013. L. 2018: (1)(a)(I)(B) amended, (HB 18-1375), ch. 1714, p. 1714, § 60, effective May 29. L. 2019: (1)(c)(IV) added, (HB 19-1237), ch. 3640, p. 3640, § 9, effective 7/1/2021.(1) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 1996. (See L. 95, p. 1025.)
(2) Subsection (1)(c)(IV) provided for the repeal of subsection (1)(c), effective July 1, 2022. (See L. 2019, p. 3640.)
For the legislative declaration in the 2012 act amending subsections (1)(a)(I) and (2), see section 1 of chapter 252, Session Laws of Colorado 2012.