Lawful Presence Requirement Repealed - SB 21-199 BOH Hearing

 

To: All licensed facilities From: HFEMSD The Board of Health will be holding a rulemaking hearing related to changes to the following rule chapters on April 17, 2024:  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 This is a mandatory statutory change that impacted all applicants for public benefits, not only health facility and EMS applicants, brought about by Senate Bill 21-199, which repealed lawful presence requirements. As of July 1, 2022, lawful presence was no longer an eligibility requirement for state or local public benefits. Consequently, the rule sets that require proof of lawful presence no longer conform to existing law and are in the process of being updated to align with current law. This update removes the requirement to prove lawful presence in the rule chapters listed above. If you wish to provide written comments, you may submit them to cdphe.bohrequests@state.co.us. If you wish to give oral testimony, please visit the Board of Health’s Participate in Board of Health to access the sign-up link.  .