Delay in Board of Health Hearings impacting CCR 1011-1, Chapter 7 – Assisted Living Residences (Regarding SB22-154 ALR Safety, SB22-079 Dementia Training for Direct-care Staff, and SB22-053 Visitation

 

To: All Assisted Living Residences, Nursing Care Facilities, Stakeholders and Interested Parties to the 2022-23 Dementia Training and Visitation Stakeholder Process, as resulted in adoption of Dementia Training and Visitation Rules on June 21, 2023; and the SB22-154 ALR Safety Stakeholder Process   From: HFEMSD   It has come to the Division’s attention that the Dementia Training and Visitation rules, as heard and adopted by the Board of Health on June 21, 2023, did not go into effect as expected in August 2023 due to post-adoption shortcomings related to publication requirements of the state’s Administrative Procedure Act.   As the Division worked with Board of Health staff to incorporate a re-adoption of the Dementia Training and Visitation rules as part of the already-planned October Board of Health Hearing related to Chapter 7 and the ALR Safety Rules, deficiencies were also discovered related to timing requirements of the Administrative Procedure Act in regards to that planned hearing.   The Board of Health staff has determined that the best course of action to cure the identified technical deficiencies under the Administrative Procedure Act is to cancel the planned hearing(s) for October and to hold the hearings for the re-adoption of the Dementia Training and Visitation Rules, as well as the adoption of the Assisted Living Safety rules as part of the Board of Health’s meeting on November 15, 2023.   At the November meeting of the Board of Health, the Division will hear the following:   >An emergency rules hearing for 6 CCR 1011-1, Chapter 7 – Assisted Living Residences, incorporating rules needed for the implementation of: SB22-154, ALR Safety SB22-079 Dementia Training for Direct-care Staff SB22-053 Visitation The emergency rules hearing is required due to the need to have rules related to SB22-154 effective before January 1, 2024. Emergency rules become effective upon adoption.   >A rulemaking hearing for 6 CCR 1011-1, Chapter 7 – Assisted Living Residences, incorporating rules needed for the implementation of: SB22-154, ALR Safety SB22-079 Dementia Training for Direct-care Staff SB22-053 Visitation These will be the same rules as presented in the emergency rules hearing (above), and will allow those rules to become effective before the expiration of the emergency rules.   >A rulemaking hearing for 6 CCR 1011-1, Chapter 5 – Nursing Care Facilities, for the re-adoption of rules needed for the implementation of: SB22-079 Dementia Training for Direct-care Staff SB22-053 Visitation   Information regarding the November 15, Board of Health meeting, including the agenda, the rule packets listed above, and instructions on how to provide written comment or otherwise participate in the Board of Health hearings will be available at the following link at least a week in advance of the meeting date: https://cdphe.colorado.gov/board-health-meetings   Please direct any questions you may have to Board of Health staff at cdphe.bohrequests@state.co.us