Wednesday, March 27, 2013

House Bill 12-1294 – New “Fitness Review” Provisions

FYI. The Department conducts a “fitness review” to determine whether owners of licensed health facilities have any criminal convictions or civil actions that would prevent them from operating in the state of Colorado. House Bill 1294 changes when and how a fitness review is conducted. The information below shows the differences before and after.

Before the passage of HB 1294, fitness review was conducted for new and existing owners with a look-back period of ten years. So, the Department reviewed records of activity that occurred within the ten years preceding the date of the application.

After the passage of HB 1294, fitness review is limited to new owners (i.e., applicants applying for a new health facility license). Existing owners are reviewed only when the Department has new information that was not previously available or disclosed in the prior fitness review. Additionally, the new law changes the look-back period to five years. However, the new owner must still disclose certain information within the ten preceding years of the application, including any conviction of a felony or misdemeanor involving moral turpitude, denial, revocation or suspension of a state license or federal certification in another jurisdiction, and civil judgments or criminal convictions related to health care operations. ([See C.R.S. §25-3-102(1)(e)(IV); 6 CCR 1011-1 § 2.7.3.)

For further information, contact the Licensing Hotline at 692-2836.