STATEMENT OF BASIS AND PURPOSE
AND SPECIFIC STATUTORY AUTHORITY
For Amendments to 6 CCR 1011-1, Standards for Hospitals and Health Facilities, Chapter IV, General Hospitals; Chapter IX, Community Clinics and Community Clinics and Emergency Centers; Chapter X, Rehabilitation Centers; Chapter XV, Dialysis Treatment Clinics; Chapter XVIII, Psychiatric Hospitals; Chapter XX, Ambulatory Surgical Centers; Chapter XXI, Hospices; and Chapter XXVI, Home Care Agencies
Adopted by the Board of Health on June 18, 2014
Basis and Purpose
The basis and purpose for the proposed changes is two-fold. First, House Bill 12-1294 required the Department of Public Health and Environment to deem health facilities that are currently accredited by an accrediting organization recognized by the Federal Centers for Medicare and Medicaid Services (CMS) as satisfying the requirements for renewal of a health facility license. In addition, the legislation required that the Department provide an appropriate credit or reduced fee to a health facility that achieves license renewal through deemed status.
The state legislation expanded upon a concept in Section 1865(a)(1) of the Social Security Act which allows providers “accredited” by an approved national accreditation organization to be exempt from routine state agency surveys that determine compliance with Medicare conditions. Accreditation by an accrediting organization is voluntary and is not required for Medicare certification.
There are currently eight accreditation organizations recognized by CMS – the Accreditation Association for Ambulatory Health Care (AAAHC); the Accreditation Commission for Health Care, Inc. (ACHC); the American Association for Accreditation of Ambulatory Surgery Facilities (AAASF); the American Osteopathic Association/Healthcare Facilities Accreditation Program (AOA/HFAP); the Center for Improvement in Healthcare Quality (CIHQ); the Community Health Accreditation Program (CHAP); DNV Healthcare (DNV); and the Joint Commission (JC). CMS allows these accrediting organizations to grant deeming authority for the following health facility types: hospitals, ambulatory surgical centers; hospices and home care agencies.
The proposed changes to Chapters IV, X, XVIII, XX, XXI and XXVI add language that will allow the Department to recognize those licensed health care entities that are accredited by an accrediting organization recognized by CMS as having deeming authority for Medicare and offer them a reduced renewal license fee.
House Bill 12-1294 also changed the name of the facility type whose standards are found in Chapter X. The proposed amendments for Chapter X include changing the name of that chapter from “Rehabilitation Center” to “Rehabilitation Hospital” in order to be consistent with the statutory language in sections 25-1.5-103(1)(a)(I)(A), and 25-3-101, C.R.S.
Second, House Bill 12-1268 removed the Department’s authority to enforce standards relating to building or fire codes. All functions related to the administration, inspection and enforcement of any building construction or fire code standards were transferred to the Department of Public Safety, Division of Fire Prevention and Control effective July 1, 2013. The Department examined its license fees for all facility types to determine whether any of those fees were based upon building or fire code work that the Department was no longer performing. The Department found that it needed to reduce the license fees for two facilities types (Dialysis Treatment Clinics and Community Clinics and Community Clinics and Emergency Centers) because part of those fees was based upon life safety code work that the Department is no longer performing.
Specific Statutory Authority
These rules are promulgated pursuant to the following statutes:
Section 25-1.5-103, C.R.S.
Section 25-3-101, C.R.S.
Section 25-3-102.1(1) and (2), C.R.S.
Section 25-27.5-104, C.R.S.
SUPPLEMENTAL QUESTIONS
Is this rulemaking due to a change in state statute?
__X__ Yes For Chapters IV, X, XVIII, XX, XXI and XXVI, the bill number is House Bill 12- 1294. For Chapters IX and XV, the bill number is House Bill 12-1268. The rules are ___ authorized __X_ required.
______No
Is this rulemaking due to a federal statutory or regulatory change?
______Yes
___X_ No
Does this rule incorporate materials by reference?
______Yes
__X___ No
Does this rule create or modify fines or fees?
___X___ Yes
______No