HB 1107

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1107
     BY REPRESENTATIVE(S) Feret and Paschal, Bacon, Boesenecker,
     Brown, Duran, Hamrick, Lindsay, Marshall, Nguyen, Rydin, Sirota, Story,
     Woodrow, McCluskie;
     also SENATOR(S) Cutter, Jodeh, Kipp, Lindstedt, Coleman.
     CONCERNING MEASURES TO INCREASE ACCESS TO SERVICES IN FACILITIES
          THAT PROVIDE MEDICAL CARE.
     Be it enacted by the General Assembly of the State of Colorado:
           SECTION 1. In Colorado Revised Statutes, add 25-1-124.3 as
     follows:
            25-1-124.3. Dementia care services - information disclosure form
     - requirements - assisted living residence improvement cash fund - rules
     - definitions.
          (1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
     OTHERWISE REQUIRES:
             (a) "DEMENTIA CARE FACILITY" OR "FACILITY" MEANS A FACILITY
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
THAT IS LICENSED BY THE DEPARTMENT PURSUANT TO SECTION 25-1.5-103
AND THAT OFFERS ON-SITE AND RESIDENTIAL SERVICES FOR INDIVIDUALS
WITH DEMENTIA DISEASES AND RELATED DISABILITIES.
      (b)     "DEMENTIADISEASES AND RELATED DISABILITIES" OR
"DEMENTIA" HAS THE MEANING SET FORTH IN SECTION 25-1-502 (2.5).
       (c) "FORM" MEANS THE DEMENTIA CARE SERVICES INFORMATION
FORM CREATED BY THE DEPARTMENT PURSUANT TO SUBSECTION (2)(a) OF
THIS SECTION.
       (d) "STATE LONG-TERM CARE OMBUDSMAN" MEANS THE STATE
LONG-TERM CARE OMBUDSMAN ESTABLISHED PURSUANT TO ARTICLE 11.5 OF
TITLE 26 OR THE STATE LONG-TERM CARE OMBUDSMAN'S DESIGNEE.
      (2) Dementia care services information form.
      (a) BY JULY 1, 2027, THE DEPARTMENT SHALL CREATE A DEMENTIA
CARE SERVICES INFORMATION FORM FOR DEMENTIA CARE FACILITIES TO
COMPLETE AND DISTRIBUTE IN ACCORDANCE WITH SUBSECTION (3) OF THIS
SECTION. THE FORM MUST INCLUDE FIELDS FOR THE DISCLOSURE OF
INFORMATION REGARDING THE DEMENTIA CARE FACILITY'S SERVICES. AT A
MINIMUM, THE FORM MUST INCLUDE FIELDS FOR EACH OF THE FOLLOWING
ELEMENTS:
       (I) THE FACILITY'S REQUIREMENTS FOR DEMENTIA TRAINING FOR THE
FACILITY'S STAFF THAT ARE IN ADDITION TO THE DEMENTIA TRAINING
REQUIRED PURSUANT TO SECTION 25-1.5-118;
      (II) THE FACILITY'S GUIDELINES FOR USING PHYSICAL AND CHEMICAL
RESTRAINTS IN THE COURSE OF PROVIDING CARE TO RESIDENTS LIVING WITH
DEMENTIA;
      (III)      FACILITY'S SECURITY FEATURES AND SECURITY
               THE
PROCEDURES FOR ADDRESSING THE NEEDS OF RESIDENTS WITH DEMENTIA,
INCLUDING WANDERING AND EMERGENCY RESPONSE;
      (IV)   THE CRITERIA AND PROCESSES THE FACILITY USES TO
DETERMINE THE PLACEMENT, TRANSFER, OR DISCHARGE OF RESIDENTS
LIVING WITH DEMENTIA;
PAGE 2-HOUSE BILL 26-1107
     (V) A DESCRIPTION OF HOW THE FACILITY INVOLVES FAMILY
MEMBERS IN THE ACTIVITIES AND CARE OF RESIDENTS LIVING WITH
DEMENTIA;
      (VI) A DESCRIPTION OF HOW AND WHEN A RESIDENT'S AUTHORIZED
REPRESENTATIVE IS NOTIFIED OF INCIDENTS OR CONCERNS, INCLUDING
MEDICAL CONCERNS, SAFETY CONCERNS, AND OTHER CONCERNS;
     (VII) A DESCRIPTION OF THE FACILITY'S ON-SITE AND ON-CALL
MEDICAL PROFESSIONALS;
      (VIII) A STATEMENT IDENTIFYING SOURCES, INCLUDING A LINK TO
THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES' "CARE
COMPARE" WEBSITE, OR ANY SUCCESSOR WEBSITE, THAT AN INDIVIDUAL
MAY CONSULT TO FIND INFORMATION ABOUT:
      (A) PAST ENFORCEMENT ACTIONS OR COMPLAINTS, IF ANY, THAT
RESULTED IN THE DEPARTMENT ISSUING WARNINGS OR FINES; AND
       (B) THE HEALTH-CARE COVERAGE PAYER SOURCES THAT THE
FACILITY ACCEPTS, INCLUDING WHETHER THE FACILITY ACCEPTS PAYMENT
FROM PRIVATE INSURANCE PLANS, THROUGH MEDICAID, OR THROUGH THE
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS; AND
      (IX)   AN EXPLANATION OF THE FACILITY'S FEE MODEL. THE
EXPLANATION MUST INCLUDE DETAILS ABOUT WHEN AND HOW A RESIDENT
AND THE RESIDENT'S AUTHORIZED REPRESENTATIVE WILL BE NOTIFIED OF
ANY CHANGE TO THE FEES.
      (b) THE DEPARTMENT SHALL CREATE THE FORM DESCRIBED IN
SUBSECTION (2)(a) OF THIS SECTION IN CONSULTATION WITH THE STATE
LONG-TERM CARE OMBUDSMAN. THE DEPARTMENT MAY CONSULT WITH ANY
OTHER STATE DEPARTMENT OR ORGANIZATION AS THE DEPARTMENT DEEMS
NECESSARY.
      (c) THE DEPARTMENT MAY REVIEW AND UPDATE THE FORM TO
ENSURE THAT THE FORM FACILITATES THE DISCLOSURE OF THE INFORMATION
SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION.
      (d) AS SOON AS PRACTICABLE AFTER CREATING OR UPDATING THE
PAGE 3-HOUSE BILL 26-1107
FORM PURSUANT TO THIS SUBSECTION (2), THE DEPARTMENT SHALL PROVIDE
THE FORM OR THE MOST RECENTLY UPDATED VERSION OF THE FORM TO
EVERY DEMENTIA CARE FACILITY.
      (e) THE DEPARTMENT MAY ADOPT RULES AS NECESSARY TO
IMPLEMENT THIS SECTION.
       (f) THE DEPARTMENT MAY USE MONEY FROM THE ASSISTED LIVING
RESIDENCE IMPROVEMENT CASH FUND, CREATED IN SECTION 25-27-106
(2)(b)(IV), FOR THE PURPOSES OF CREATING THE FORM IN ACCORDANCE
WITH THIS SUBSECTION (2) AND ADOPTING RULES RELATED TO THE FORM.
      (2.5) THE RULES ADOPTED BY THE DEPARTMENT IN ACCORDANCE
WITH THIS SECTION SHALL NOT EXCEED APPLICABLE NATIONAL STANDARDS.
      (3) Duty to distribute dementia care information.
      (a) A DEMENTIA CARE FACILITY SHALL COMPLETE THE DEMENTIA
CARE SERVICES INFORMATION FORM CREATED OR UPDATED BY THE
DEPARTMENT PURSUANT TO SUBSECTION (2) OF THIS SECTION WITH
RESPONSIVE, ACCURATE, AND COMPLETE INFORMATION REGARDING THE
FACILITY'S DEMENTIA CARE SERVICES.
      (b) BEGINNING OCTOBER 1, 2027, A DEMENTIA CARE FACILITY
SHALL:
      (I) PROVIDE THE FACILITY'S COMPLETED DEMENTIA CARE SERVICES
INFORMATION FORM TO AN INDIVIDUAL WHO CONTACTS THE FACILITY
SEEKING DEMENTIA CARE SERVICES, WHETHER THE INDIVIDUAL IS SEEKING
DEMENTIA CARE SERVICES FOR THEMSELF, FOR A FAMILY MEMBER, OR FOR
SOMEONE WHO IS NOT A FAMILY MEMBER;
      (II) REVIEW THE FORM WHEN THE FACILITY'S INFORMATION
CHANGES, AND NO LESS THAN ONCE EVERY FIVE YEARS, TO ENSURE THAT
THE INFORMATION PROVIDED ON THE FORM IS CURRENT, COMPLETE, AND
CORRECT;
      (III) UPDATE THE FACILITY'S INFORMATION ON THE FORM AS SOON
AS PRACTICABLE AFTER A CHANGE TO THE INFORMATION OCCURS;
PAGE 4-HOUSE BILL 26-1107
      (IV) PUBLISH THE CURRENT VERSION OF THE COMPLETED FORM ON
THE FACILITY'S PUBLIC-FACING WEBSITE; AND
      (V) AT ALL TIMES, MAINTAIN ON THE FACILITY'S PREMISES AND HAVE
AVAILABLE FOR INSPECTION A COPY OF THE FACILITY'S COMPLETED FORM
WITH THE FACILITY'S MOST CURRENT INFORMATION AND PRODUCE THE FORM
UPON REQUEST BY THE DEPARTMENT DURING A SURVEY OR INSPECTION OF
THE FACILITY.
      (4) Regulatory oversight and enforcement.
      (a) THE DEPARTMENT SHALL REQUIRE A DEMENTIA CARE FACILITY
TO MAINTAIN AND HAVE AVAILABLE FOR INSPECTION A COPY OF THE
FACILITY'S CURRENT AND COMPLETED FORM DESCRIBED IN SUBSECTION
(3)(b)(V) OF THIS SECTION.
       (b) DURING EACH SURVEY OR INSPECTION OF A DEMENTIA CARE
FACILITY, THE DEPARTMENT SHALL REQUIRE THE FACILITY TO PRODUCE FOR
INSPECTION THE FACILITY'S CURRENT FORM, COMPLETED AND UPDATED IN
ACCORDANCE WITH SUBSECTION (3)(b)(V) OF THIS SECTION.
      (c) IF A FACILITY VIOLATES SUBSECTION (3)(b)(V) OF THIS SECTION
OR DOES NOT PRODUCE THE FACILITY'S CURRENT FORM UPON A REQUEST
MADE BY THE DEPARTMENT PURSUANT TO SUBSECTION (4)(b) OF THIS
SECTION, THE DEPARTMENT SHALL ISSUE A CITATION TO THE FACILITY.
       SECTION 2. In Colorado Revised Statutes, 25-27-106, amend
(2)(b)(V) introductory portion, (2)(b)(V)(G), and (2)(b)(V)(H); and add
(2)(b)(V)(I) as follows:
      25-27-106. License denial, suspension, or revocation.
      (2) (b) (V) Civil fines collected pursuant to this paragraph (b)
SUBSECTION (2)(b) shall be used for expenses related to:
      (G) Closing a residence; or
      (H) Reimbursing residents for personal funds lost, as determined
necessary by the department; OR
PAGE 5-HOUSE BILL 26-1107
     (I) CREATING A DEMENTIA CARE SERVICES INFORMATION FORM AND
ADOPTING RULES RELATED TO THE FORM, PURSUANT TO SECTION 25-1-124.3
(2).
       SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 6-HOUSE BILL 26-1107
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
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