Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0090.02 Christy Chase x2008  SENATE BILL 14-016
                   SENATE SPONSORSHIP
 Aguilar, 
 
                    HOUSE SPONSORSHIP
 Moreno, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Health & Human Services
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the ability of certain health care facilities to
            provide emergency services outside a hospital setting.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Under current law, the department of public health and
       environment issues a community clinic license to a community clinic that
       provides emergency services.
            The bill permits the department to continue issuing a community
       clinic license to a community clinic that provides emergency care if the
       community clinic is located more than 25 miles from a hospital in the
       state. On or after 2 years after the effective date of the bill, all other
       freestanding emergency rooms must be owned and operated by a licensed
       or certified hospital.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:   
            SECTION 1.  In Colorado Revised Statutes, 25-3-101, amend (1)
       and (2) (a) (I) (B); and add (2) (a.5), (2) (a.7), and (5) as follows:
            25-3-101.  Hospitals - health facilities - licensed - definitions -
       rules. (1) (a)  It is unlawful for any person, partnership, association, or
       corporation to open, conduct, or maintain any general hospital; hospital
       unit; psychiatric hospital; community clinic; rehabilitation hospital;
       convalescent center; community mental health center; acute treatment
       unit; facility for persons with developmental disabilities, as defined in
       section 25-1.5-103 (2) (c); nursing care facility; hospice care; assisted
       living residence, except an assisted living residence shall be assessed a
       license fee as set forth in section 25-27-107; dialysis treatment clinic;
       ambulatory surgical center; birthing center; home care agency; or other
       facility of a like nature, except those wholly owned and operated by any
       governmental unit or agency, without first having obtained a license from
       the department of public health and environment.
            (b)  Unless operating as a community clinic as described in
       sub-subparagraph (B) of subparagraph (I) of paragraph (a) of
       subsection (2) of this section, on or after two years after the
       effective date of this paragraph (b), it is unlawful for a health
       care facility, other than a licensed or certified hospital, to own
       or operate an emergency department.
            (2)  As used in this section, unless the context otherwise requires:
            (a) (I)  "Community clinic" means a health care facility that
       provides health care services on an ambulatory basis, is neither licensed
       as an on-campus department or service of a hospital nor listed as an
       off-campus location under a hospital's license, and meets at least one of
       the following criteria:
            (B)  Provides emergency services at the facility, but only if the
       community clinic is located more than twenty-five miles from a
       licensed or certified hospital; or
            (a.5)  "Emergency department" means a department or
       facility of a licensed or certified hospital, regardless of
       whether the department or facility is located on or off the
       hospital's main campus, that provides emergency services.
            (a.7)  "Emergency services" means the treatment of
       patients arriving at an emergency department by any means who
       have medical conditions, including acute illness or trauma,
       that, if not treated immediately, could result in loss of life,
       loss of limb, or permanent disability.
            (5)  A hospital licensed pursuant to section 25-1.5-103 (1)
       (a) (I) (A) or certified pursuant to section 25-1.5-103 (1) (a) (II)
       may operate an emergency department under its existing license
       or certificate and need not obtain a separate license or
       certificate for an emergency department that is not located on,
       or is not part of, the hospital's main campus. A hospital that
       intends to operate an emergency department at an off-site
       location shall notify the department of public health and
       environment in accordance with rules adopted by the state
       board of health, which rules may specify the time by which a
       hospital must notify the department and set fees for the
       department's initial review of the emergency department before
       it becomes operational.
            SECTION 2.  Applicability. This act applies to applications for
       a new or renewal license submitted on or after the effective date of this
       act.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.