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Code of Colorado Regulations eDocket
Details of Tracking Number
2024-00149
CCR details
| Tracking Number |
2024-00149 |
| Type of Filing |
Permanent Rule |
| Department |
1000 Department of Public Health and Environment |
| Agency |
1011 Health Facilities and Emergency Medical Services Division (1011, 1015 Series) |
| CCR Number |
6 CCR 1011-1 Chapter 02 |
| CCR Title |
CHAPTER 2 - GENERAL LICENSURE STANDARDS |
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Proposed rule
| Notice Filed with SOS |
03/15/2024 |
| Rule |
ProposedRuleAttach2024-00149.pdf |
| Additional Information |
AddInfoAttach2024-00149.pdf |
| Statutory Authority |
Section 24-76.5-103, C.R.S. |
| Description of Subjects/Issues |
Prior to July 1, 2022, Colorado state law required state and local agencies to verify the lawful presence of certain applicants for public benefits. “Public benefits,” as defined by state and federal law, include professional, occupational, and commercial licenses.1 In conformity with that law, 6 CCR 1011-1, Chapter Two, Section 2.3.3(C)(3) requires persons or entities that seek a license to operate a health facility or agency to include in the licensure application “The identity, address, and telephone number of all persons and business entities with a controlling interest in the facility or agency, including but not limited to: . . . ‘a sole proprietor [who] shall include proof of lawful presence in the United States in compliance with section 24-76.5-103(4), C.R.S.’” Senate Bill 21-199 repealed and reenacted all of these “lawful presence” requirements. Effective July 1, 2022, verification of a benefit applicant’s lawful presence in the United States is no longer required. Specifically, the new law affirmatively states that lawful presence is not a requirement of eligibility for any state or local public benefits. In summary, these proposed rules are the result of the Department’s effort to align its rules with current law by deleting all offending “proof of lawful presence” language. |
| Purpose/Objective of Rule |
Prior to July 1, 2022, Colorado state law required state and local agencies to verify
the lawful presence of certain applicants for public benefits. “Public benefits,” as
defined by state and federal law, include professional, occupational, and
commercial licenses.1 In conformity with that law, 6 CCR 1011-1, Chapter Two,
Section 2.3.3(C)(3) requires persons or entities that seek a license to operate a
health facility or agency to include in the licensure application “The identity,
address, and telephone number of all persons and business entities with a
controlling interest in the facility or agency, including but not limited to: . . . ‘a sole
proprietor [who] shall include proof of lawful presence in the United States in
compliance with section 24-76.5-103(4), C.R.S.’” Senate Bill 21-199 repealed and
reenacted all of these “lawful presence” requirements. Effective July 1, 2022,
verification of a benefit applicant’s lawful presence in the United States is no
longer required. Specifically, the new law affirmatively states that lawful presence
is not a requirement of eligibility for any state or local public benefits. In summary,
these proposed rules are the result of the Department’s effort to align its rules with
current law by deleting all offending “proof of lawful presence” language. |
| Basis And Purpose |
BasisAndPurposeAttachment2024-00149.doc
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| Regulatory analysis |
RegulatoryAnalysisAttachment2024-00149.doc
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| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Hearing Date |
04/17/2024 |
| Hearing Time |
10:00 AM |
| Hearing Location |
4300 Cherry Creek Drive South, Denver, CO 80246 or https://us02web.zoom.us/meeting/register/tZIod--rqD4uH9bnawkpz2R5YgCVldFHIPt2#/registration |
| Contact Name |
Elaine McManis |
| Contact Title |
Division Director |
| Contact Telephone |
303-916-4103 |
| Contact email |
elaine.mcmanis@state.co.us |
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Adopted rule
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