2023 Emergency Rulemaking

 

The Colorado Department of Public Health and Environment (CDPHE) is proposing changes to 6 CCR 1009-5 Preparations For A Bioterrorist Event, Pandemic Influenza, Or An Outbreak By A Novel And Highly Fatal Infectious Agent Or Biological Toxin. These proposed rules are: Transferring rules related to the definition and reporting of staffed-bed capacity from CDPHE’s Health Facilities and Emergency Medical Services Division (HFEMSD) rule into the Disease Control and Public Health Response (DCPHR) rule. The initial stakeholder process and rulemaking for House Bill 22-1401 were started by HFEMSD, which proposed emergency rules in August and November 2022 (6 CCR 1011-1 Chapter 4). The Department has since determined that the reporting of hospital staffed-bed capacity fits better under the purview of DCPHR in 6 CCR 1009-5. Both divisions will continue to collaborate with stakeholders during this transfer of rule language. In order to maintain alignment with HB 22-1401 while we work through the stakeholder process, this emergency rulemaking proposes to maintain the current rules and is nearly identical to the emergency rules adopted on Nov. 22, 2022. Adopting provisions of Public Health Order 20-38 into rule before the expiration of this public health order. PHO 20-38 addresses explicitly the Department’s need for hospitals to report their hospital bed capacity data regularly and continuously. Due to the anticipated expiration of the public health order, the Department believes that the reporting requirements must be moved into rule and made effective immediately. The proposed language to be moved from PHO 20-38 into 6 CCR 1009-5 includes the requirement that all hospitals report twice weekly to the Department the daily maximum number of:  Adult and pediatric beds that are currently or can be made available within 24 hours for patients in need of ICU level care;  All staffed acute care beds, including ICU beds, available for patients in need of non-ICU hospitalization; and  All adult and pediatric med/surgical beds, available for patients in need of non-ICU hospitalization. Draft proposed changes to rule language are attached.   The Department is scheduled to go before the Board of Health on Feb. 15, 2023, for an emergency rulemaking hearing regarding proposed changes pertaining to House Bill 22-1401 and Public Health Order 20-38.  Use our online Google form or email cdphe_dcphr_rulemaking@state.co.us to submit your comments or feedback. Feedback collected through this form or email is considered informal feedback intended to help formalize the draft rule language. It will NOT be shared with the Board of Health nor be included in the rulemaking record. We must receive your feedback by Feb. 10, 2023, at 5 p.m.    Stakeholders will be invited to a remote meeting on March 2, 2023 that is open to the public, from noon to 1 p.m. via Zoom.  Join Zoom Meeting https://zoom.us/j/99281729311?pwd=b1c0WUR3aUhUSUVsUHMvUUFtMUpldz09 Meeting ID: 992 8172 9311 Passcode: 764405 All meeting materials will be available one week before the meeting.  Information about relevant Board of Health meetings, including the agenda, Zoom link, and directions for submitting written testimony, are on the Colorado Board of Health webpage. Email questions about the Board of Health meeting to cdphe.bohrequests@state.co.us.  If you have questions, want to update your information, or stop receiving these emails, email cdphe_dcphr_rulemaking@state.co.us.