(1) On or before November 1, 2002, the state board shall promulgate rules pursuant to section 24-4-103, C.R.S., providing minimum standards for the location, sanitation, fire safety, adequacy of facilities, adequacy of diet and nutrition, equipment, structure, operation, provision of personal services and protective oversight, and personnel practices of assisted living residences within the state of Colorado. Such rules shall differentiate between homes of different sizes. In formulating such rules, the state board shall seek recommendations from the advisory committee established pursuant to section 25-27-110. (2) State board rules promulgated pursuant to subsection (1) of this section must include, at a minimum, rules requiring the following: (a) Compliance with all applicable zoning, housing, fire, sanitary, and other codes and ordinances of the city, city and county, or county where the residence is situated, to the extent that such codes and ordinances are consistent with the federal "Fair Housing Amendments Act of 1988", as amended, 42 U.S.C. sec. 3601 et seq.; (b) Annual inspection of assisted living residences by the department or its designated representative; (c) That the premises to be used are in fit, safe, and sanitary condition and properly equipped to provide good care to the residents; (d) That the Colorado long-term care ombudsman, designated by the department of human services, have access to the premises and residents during reasonable hours for the purposes set out in the federal "Older Americans Act of 1965"; (e) Protection of the individual rights of residents either through a written board and care plan or by means of contracts executed with the residents, which board and care plan or contract shall meet the requirements stated in section 25-27-104.5; (f) Responsibility of the assisted living residences for social supervision, personal services, and coordination with community resources as needed by the residents; (g) That the administrator and staff of a residence: (I) (A) Meet minimum educational, training, and experience standards established by the state board. (B) On and after January 1, 2024, the state board's minimum standards for administrators must require, at a minimum, that each administrator, regardless of the administrator's hire date, have at least one year experience supervising the delivery of personal care services that includes activities of daily living or has attained the education or experience established by the state board in lieu of that supervisory experience. (II) Are of good, moral, and responsible character. In making the determination, the owner or licensee of a residence shall have access to and shall obtain any criminal history record information from a criminal justice agency, subject to any restrictions imposed by the agency for any person responsible for the care and welfare of residents of the residence and shall obtain a check of the Colorado adult protective services data system pursuant to section 26-3.1-111 for any person who is an employee of the residence, as defined in section 26-3.1-111 (2), who will provide direct care to residents. (h) Intermediate enforcement remedies as authorized by section 25-27-106 (2); (i) Written plans, to be submitted by residences to the department for approval, detailing the measures that will be taken to correct violations found as a result of inspections; (j) The definition for high medicaid utilization facility as a basis for a modified fee schedule. A high medicaid utilization residence shall be a residence in which no less than thirty- five percent of the available beds are occupied by medicaid enrollees as indicated by the most complete claims data available. (k) A modified fee schedule for residences that serve a disproportionate share of low- income residents. The board may adopt a standard for determining residences that serve a disproportionate share of low-income residents. Such standard may require a residence to submit documentation determined appropriate by the department for verification. (l) That the assisted living residence comply with the provisions of section 25-27-104.3 concerning the involuntary discharge of residents; and (m) That the state board establish, not later than January 1, 2024, a range of fines for violations, which amounts may vary based on the size of the assisted living residence and the potential for harm to one or more persons, and shall permit the department to consider factors set forth in section 25-27-106 (4) in determining the amount of the fine. Prior to the board's adoption of rules concerning the range of fines for violations, the department shall make recommendations to the board, including a proposed schedule of fines that vary the range of fines by the severity and frequency of the violations and that may include a different range of fines based on the size of the residence. The department shall first present the recommendations to and seek feedback from the advisory committee established in section 25-27-110.
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