Lawful Presence Requirement Repealed - SB 21-199

 

To: All licensed facilities From: HFEMSD Prior to July 1, 2022, Colorado state law required state and local agencies to verify the lawful presence of certain applicants for public benefits, which are defined to include professional, occupational, and commercial licenses. Consequently, certain provisions in 6 CCR 1011-1, Chapter Two - General Licensure Standards, 6 CCR 1011-1, Chapter Twenty-Six - Home Care Agencies, 6 CCR 1015-3, Chapter One - Rules Pertaining to EMS and EMR Education, EMS Certification or Licensure, and EMR Registration, and 6 CCR 1015-3, Chapter Five - Rules Pertaining to Air Ambulance Licensing require certain applicants for health facility licenses, EMS registrations or certifications, Emergency Medical Responder registrations, and air ambulance change of ownerships to provide “proof of lawful presence in the United States in compliance with Section 24-76.5-103(4), C.R.S.” Senate Bill 21-199 repealed and reenacted this “lawful presence” requirement. Effective July 1, 2022, the new law affirmatively states that lawful presence is no longer an eligibility requirement for state or local public benefits. Consequently, the three rule sets that require proof of lawful presence no longer conform to existing law and must be changed. These proposed rules are the result of the Department’s alignment of its rules with current law.  This mandatory statutory change impacts all applicants for public benefits, as defined by law, not only health facility and EMS applicants. Consequently, the Department will not be engaging in a stakeholder process but is, instead, distributing the proposed rules to stakeholders for your review. The Department will accept comments concerning the proposed rule changes via Google Form through February 19, 2024.    If you have any questions or have difficulty accessing the form, please email ellen.eggleston@state.co.us or nicola.koepnick@state.co.us .