Notice of Public Rule-Making Hearing October 19, 2022

To: All Stakeholders   From: HFEMSD   NOTICE is hereby given pursuant to the provisions of Section 24-4-103, C.R.S., that the Colorado Board of Health will conduct a public rule-making hearing on October 19, 2022, at 10 a.m., remotely via Zoom, to consider repealing 6 CCR 1011-1 Chapter 6, Acute Treatment Units. House Bill 22-1278, which created the new Behavioral Health Administration, eliminated the Department’s authority to annually license Acute Treatment Units (ATUs). Striking this authority was part of a statutory clean-up in relation to the implementation-to-date of House Bill 19-1237, which required the Department to create a new health facility licensing category specifically for community-based (non-hospital) Behavioral Health Entities (BHEs). After a year of transition, which ended June 30, 2022, facilities formerly licensed as acute treatment units under Chapter 6 are now licensed as BHEs under 6 CCR 1011-1, Chapter 3, Behavioral Health Entities, in accordance with Section 25-27.6-104(1), C.R.S. As of July 1, 2022, there are no facilities licensed as ATUs and the Department no longer has statutory authority to issue ATU licenses, thus making Chapter 6, Acute Treatment Units, obsolete. The agenda for the meeting and the proposed repeal will be available on the Board’s website, http://www.colorado.gov/pacific/cdphe/boh at least seven (7) days prior to the meeting. The proposed repeal, together with the proposed statement of basis and purpose, specific statutory authority, and regulatory analysis will be available for inspection at the Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South EDO-A5, Denver, Colorado 80246-1530 at least five working days prior to the hearing. Copies of the proposed rules may be obtained by contacting the Colorado Department of Public Health and Environment, Health Facilities and Emergency Medical Services Division, 4300 Cherry Creek Drive S., Denver, CO 80246, 303-692-2836. The Board encourages all interested persons to participate in the hearing by providing written data, views, or comments. Written testimony is encouraged; oral testimony will be received only to the extent the Board finds it necessary. For those that are permitted to provide oral testimony, the time may be limited to 3 minutes or less. Testimony is limited to the scope of the rulemaking hearing. Pursuant to 6 CCR 1014-8, §3.02.1, written testimony must be submitted no later than five (5) calendar days prior to the rulemaking hearing. Written testimony must be received by 5:00 p.m., Thursday, October 13, 2022. Persons wishing to submit written comments should submit them to: Colorado Board of Health, ATTN: Board of Health Program Assistant, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South EDO-A5, Denver, Colorado 80246-1530 or by e-mail at: cdphe.bohrequests@state.co.us