SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
26-0237.01This Edenbill Rollandhas x2373been HOUSEprepared BILLfor 26-1107the HOUSEsignatures SPONSORSHIPof Feretthe andappropriate Paschal,legislative Bacon,officers Boesenecker,and Brown,the Duran,Governor. Hamrick, Lindsay, Marshall, McCluskie, Nguyen, Rydin, Sirota, Story, Woodrow SENATE SPONSORSHIP Cutter, Coleman, Jodeh, Kipp, Lindstedt e n e 6 E a 0 A U , N g l S d ip House Committees Senate Committees e A Health & Human Services Health & Human Services R Finance r e A BILL FOR AN ACT n m 2 C ONCERNING MEASURES TO INCREASE ACCESS TO SERVICES IN T n 2 N U 6 FACILITIES THAT PROVIDE MEDICAL CARE .
ETo idetermine rwhether Sthe aGovernor Ahas Rsigned Billthe Summarybill nor (Note:taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
ThisHOUSE summaryBILL applies26-1107 toBY thisREPRESENTATIVE(S) billFeret as introduced and doesPaschal, notreflectanyamendmentsthatmaybesubsequentlyadopted.IfthisbillBacon, eBoesenecker, nBrown, 6Duran, passesHamrick, thirdLindsay, readingMarshall, inNguyen, theRydin, houseSirota, ofStory, introduction,Woodrow, aMcCluskie; bill summary that m 0 applies to the reengrossed version of this bill will be available at E n , U U 1 http://leg.colorado.gov.) O i h H a r R M Sections 1 and 4 of the bill establish information disclosure r requirementsforalicensedfacilitythatadvertises,markets,promotes,or 3 offers services, including memory care services, for individuals with dementiaanddementia-relatedconditions,includingAlzheimer'sdisease.
galso TheSENATOR(S) billCutter, refersJodeh, toKipp, suchLindstedt, aColeman. facility or agency as a "dementia care facility".
dCONCERNING 62MEASURES ThebillrequiresthedepartmentofTO publichealthandenvironmentINCREASE EACCESS eTO 2SERVICES SIN RFACILITIES 1THAT UPROVIDE dMEDICAL 1CARE H. 2 r Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.
e A (department), in consultation with the state long-term care ombudsman or the ombudsman's designee, to create a dementia care services informationform(form)byJanuary1,2027.Theformmustincludefields for the disclosure of certain information regarding a dementia care facility's dementia care services, including the facility's:
! Dementiatrainingrequirementsforstaffthatareinaddition to statutory training requirements;
! Guidelines for using restraints;
and ! Security features and procedures for addressing the needs of residents with dementia.
Thebillauthorizesthedepartmenttoregularlyreviewtheformand updateitasneeded.Aftercreatingorsubsequentlyupdatingtheform,the department must provide the form to every dementia care facility in the state.
Thebillrequiresadementiacarefacilitytocompletetheformwith responsive, accurate, and complete information regarding the facility's dementia care services.
Beginning July 1, 2027, every dementia care facility must:
! Provide its completed form to every individual who contacts the facility seeking dementia care services;
! Reviewandupdatetheformwhena change in information occurs to ensure that the facility's information provided on the form is current, complete, and correct;
! Publishthefacility'scurrentversionofthecompletedform on the facility's website;
and ! 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 bythe department during a survey or inspection of the facility.
The bill establishes a facility's violation of the last itemized requirements regarding the form as a deceptive trade practice under the "Colorado Consumer Protection Act".
Currently, the department hasthepowertoestablish and maintain by rule a medication administration program in certain licensed or regulated facilities.
Current law requires the department of human services, the behavioral health administration, the department of health care policy and financing, and the department of corrections to develop and conduct a medication administration program in certain types of residential, assisted living, and correctional facilities.
Sections 5 and 6 modify the definition of "administration" to include administration of medication specifically by injection and allow a licensed practical nurse (LPN) or a certified nurse aide (CNA) to administermedicationbyinjectionaspartofamedicationadministration program if the LPN or CNA receives education and training on -2- 1107 administering medication by injection.
The bill requires the department, in consultation with the state board of nursing, to establish byrule the education and training required for an LPN or a CNA to obtain the authorization created by the bill to administer medication by injection.
A facility may not require that a registered nurse be on site as a prerequisite to an LPN or CNA administering medication by injection.
Thebillalsoaddsallfacilitiesandagencieslicensedandregulated by the department to the list of specified facilities that can have a medication administration program.
Sections2and3modifythescopeofpracticeforCNAstoinclude theadministrationofmedicationbyinjectionasauthorizedunderthebill.
3 SECTION 1.
DementiaDementiacareservices-informationdisclosureform care-requirements-assistedlivingresidenceimprovementcashfund-rules services - information disclosure form - requirements - assisted living residence improvement cash fund - rules - definitions.
AS USED IN THIS SECTIO,UNLESSSECTION ,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "DEMENTIACAREFACILITY"D EMENTIA CARE FACILITY " OR "FACILITY"MEANSAFACILITY"FACILITY THATISLICENSEDBYTHEDEPARTMENTPURSUANTTOSECTION"MEANS 25-1.5-103A ANDFACILITY THAT________ OFFERSCapital ONletters -SITEor ANDbold RESIDENTIALSERVICES& FORitalic INDIVIDUALSnumbers WITHindicate DEMENTIAnew DISEASESmaterial ANDadded RELATEDto DISABILITIESexisting .law;
(b)dashes "Dthrough EMENTIAwords DISEASESor ANDnumbers RELATEDindicate DISABILITIESdeletions "from ORexisting "DEMENTIAlaw "and HASsuch THEmaterial MEANINGis SETnot FORTHpart INof SECTIONthe 25-1-502act. (2.5).
(c)THAT "FORMIS "LICENSED MEANSBY THE DEMENTIADEPARTMENT CAREPURSUANT TO SECTION 25-1.5-103 AND THAT OFFERS ON -SITE AND RESIDENTIAL SERVICES INFORMATIONFOR FORMCREATEDBYTHEDEPARTMENTPURSUANTTOSUBSECTIONINDIVIDUALS (2)(a)OFWITH THISDEMENTIA SECTION.DISEASES AND RELATED DISABILITIES .
(d)(b) "S"DEMENTIA TATEDISEASES LONGAND -TERMRELATED CAREDISABILITIES OMBUDSMAN " MEANSOR THE"DEMENTIA STATE" -3-HAS 1107 LONG -TERMCAREOMBUDSMANESTABLISHEDPURSUANTTOARTICLE 11.5 OF TITLE26 OR THE STATEMEANING LONGTERMSET CAREFORTH OMBUDSMANIN SSECTION DESIGNEE.25-1-502 (2.5).
(c) "F ORM "MEANS THE DEMENTIA CARE SERVICES INFORMATION FORM CREATED BY THE DEPARTMENT PURSUANT TO SUBSECTION (2)(a)OF THIS SECTION.
(d) "S TATE LONG -TERM CARE OMBUDSMAN " MEANS THE STATE LONG -TERMCAREOMBUDSMANESTABLISHEDPURSUANTTOARTICLE 11.5OF TITLE 26OR THE STATE LONG -TERM CARE OMBUDSMAN S DESIGNEE .
(a) BY JULY 1,1,2027, 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(3) OF THIS SECTIO.SECTION .
THE FORM MUST INCLUDE FIELDS FOR THE DISCLOSURE OF INFORMATION REGARDING THE DEMENTIA CARE FACILITYSFACILITY SERVICES.'S SERVICES.A T A MINIMUM ,THE FORM MUST INCLUDE FIELDS FOR EACH OF THE FOLLOWING ELEMENTS :
AT(I) ATHEFACILITY MINIMUM,THESREQUIREMENTSFORDEMENTIATRAININGFORTHE FORMFACILITY'S MUSTSTAFF INCLUDETHAT FIELDSARE FORIN EACHADDITION OFTO THE FOLLOWINGDEMENTIA ELEMENTSTRAINING :REQUIRED PURSUANT TO SECTION 25-1.5-118;
(I)(II) THETHEFACILITY'SGUIDELINESFORUSINGPHYSICALANDCHEMICAL FACILIT'SRESTRAINTSINTHECOURSEOFPROVIDINGCARETORESIDENTSLIVINGWITH REQUIREMENTS FOR DEMENTIA TRAINING; FOR THEFACILITY SSTAFFTHATAREINADDITIONTOTHEDEMENTIATRAINING REQUIRED PURSUANT TO SECTION 25-1.5-118;
(II)(III) THE FACILITYSFACILITY GUIDELINESS SECURITY FEATURES AND SECURITY PROCEDURES FOR USINGADDRESSING PHYSICALTHE ANDNEEDS CHEMICALRESTRAINTSINTHECOURSEOFPROVIDINGCARETORESIDENTSOF LIVINGRESIDENTS WITH DEMENTIA;DEMENTIA , INCLUDING WANDERING AND EMERGENCY RESPONSE ;
(III)(IV) T HE CRITERIA AND PROCESSES THE FACILITY'SFACILITY SECURITYUSES FEATURESTO ANDDETERMINE SECURITYTHE PROCEDURESFORADDRESSINGTHENEEDSOFRESIDENTSWITHDEMENTIAPLACEMENT ,,TRANSFER INCLUDING,OR WANDERINGDISCHARGE ANDOF EMERGENCYRESIDENTS RESPONSELIVING WITH DEMENTIA ;
(IV)PAGE THE2-HOUSE CRITERIABILL AND26-1107 PROCESSES(V) A DESCRIPTION OF HOW THE FACILITY USESINVOLVES TOFAMILY DETERMINEMEMBERS IN THE PLACEMENTACTIVITIES ,TRANSFERAND ,ORCARE DISCHARGE OF RESIDENTS LIVING WITH DEMENTIA;DEMENTIA ;
(V)(VI) A DESCRIPTION OF HOW THEAND FACILITYWHEN INVOLVESA FAMILYRESIDENT'S MEMBERSAUTHORIZED INREPRESENTATIVE THEIS ACTIVITIESNOTIFIED ANDOF CAREINCIDENTS OFOR RESIDENTSCONCERNS LIVING, WITHINCLUDING DEMENTIAMEDICAL CONCERNS ,SAFETY CONCERNS ,AND OTHER CONCERNS ;
(VI)(VII) ADESCRIPTIONOFHOWANDWHENARESIDENTA SAUTHORIZEDDESCRIPTION REPRESENTATIVEOF ISTHE NOTIFIEDFACILITYS OFON INCIDENTSSITE ORAND CONCERNS,INCLUDINGON -4--CALL 1107 MEDICAL CONCERNSPROFESSIONALS ,SAFETY; CONCERNS ,AND OTHER CONCERNS;
(VII)(VIII) ASTATEMENT IDENTIFYING SOURCES ,INCLUDING A DESCRIPTIONLINK OFTO THE FACILI'SFEDERAL ONSITECENTERS FOR MEDICARE AND ON-CALLMEDICAID MEDICALSERVICES PROFESSIONALS;' "CARE COMPARE "WEBSITE ,OR ANY SUCCESSOR WEBSITE , THAT AN INDIVIDUAL MAY CONSULT TO FIND INFORMATION ABOUT :
(VIII)(A) ATATEMENTIDENTIFYINGSOURCESP ,INCLUDINGALINKTOAST ENFORCEMENT ACTIONS OR COMPLAINTS , IF AN, THAT RESULTED IN THE FEDERALDEPARTMENT CENTERSISSUING FORWARNINGS MEDICAREOR ANDFINES;AND (B) T HE HEALTH -CARE COVERAGE PAYER SOURCES THAT THE FACILITY ACCEPTS,INCLUDING WHETHER THE FACILITY ACCEPTS PAYMENT FROM PRIVATE INSURANCE PLANS ,THROUGH MEDICAID SERVICES',OR "ARETHROUGH CTHE OMPAREU "WEBSITE,ORNITEDSTATES ANYDEPARTMENT SUCCESSOROF WEBSITE,THATVETERANS ANAFFAIRS INDIVIDUAL;AND MAY(IX) CONSULTA TON FINDEXPLANATION INFORMATIONOF ABOUT:THE FACILITY S FEE MODEL .
(A) PAST ENFORCEMENT ACTIONS OR COMPLAINTS,IF ANY,THAT RESULTED IN THE DEPARTMENTEXPLANATION ISSUINGMUST WARNINGSINCLUDE ORDETAILS FIN;ANDABOUT (B)WHEN TAND HEHOW HEALTH-CAREA COVERAGERESIDENT PAYERAND SOURCES THAT THE FACILITYACCEPTS,INCLUDINGWHETHERTHEFACILITYACCEPTSPAYMENTRESIDENT FROMPRIVATEINSURANCEPLANSS THROUGHMEDICAIDAUTHORIZED ,ORTHROUGHTHEREPRESENTATIVE UWILL NITEDSTATESBE DEPARTMENTNOTIFIED OF VETERANSANY AFFAIRS;ANDCHANGE (IX)TO AN EXPLANATION OF THE FACILITYSFEES FEE. MODEL.
(b) T HE DEPARTMENT SHALL CREATE THE EXPLANATIONMUSTINCLUDEDETAILSABOUTWHENANDHOWARESIDENTFORM ANDTHEDESCRIBED RESIDENTIN SAUTHORIZEDREPRESENTATIVESUBSECTION WILLBENOTIFIEDOF(2)(aOF ANYTHIS CHANGESECTION TOIN CONSULTATION WITH THE FEES.STATE LONG -TERMCAREOMBUDSMAN .THEDEPARTMENTMAYCONSULTWITHANY OTHERSTATEDEPARTMENTORORGANIZATIONASTHEDEPARTMENTDEEMS NECESSARY .
(b)(c) THET HE DEPARTMENT SHALLMAY CREATEREVIEW AND UPDATE THE FORM DESCRIBEDTO INENSURETHATTHEFORMFACILITATESTHEDISCLOSUREOFTHEINFORMATION SUBSECTIONSPECIFIED (2)(aOF THIS SECTION IN CONSULTATIONSUBSECTION(2)(aOF WITHTHIS THESECTIO. STATE LONG TERM CARE OMBUDSMAN .
HE(d) DEPARTMENTAS MAYSOON CONSULTAS WITHPRACTICABLE ANYAFTER OTHERCREATING STATEOR DEPARTMENTUPDATING THE PAGE 3-HOUSE BILL 26-1107 FORMPURSUANTTOTHISSUBSECTION (2)THEDEPARTMENTSHALLPROVIDE THE FORM OR ORGANIZATIONASTHETHE DEPARTMENTMOST DEEMSRECENTLY NECESSARYUPDATED VERSION OF THE FORM TO EVERY DEMENTIA CARE FACILITY .
(c)(e) THET HE DEPARTMENT MAY REVIEWADOPT ANDRULES UPDATEAS THENECESSARY FORM TO ENSUREIMPLEMENT THAT THE FORM FACILITATES THE DISCLOSURE OF THE INFORMATION SPECIFIED IN SUBSECTIO(2)(aOF THIS SECTIO.SECTION .
(d)(f) ASSOONASPRACTICABLEAFTERCREATINGORUPDATINGTHETHE -5-DEPARTMENT 1107MAY FORMUSE PURSUANTMONEY TOFROM THISTHE SUBSECTIONASSISTED (2),THELIVING DEPARTMENTRESIDENCE SHALLIMPROVEMENT PROVIDECASH THEFUND FORM,CREATED ORIN THESECTION MOST25-27-106 RECENTLY(2)(b)(IV),OR UPDATEDTHE VERSIONPURPOSES OF CREATING THE FORM TOIN EVERYACCORDANCE DEMENTIAWITH CARETHIS FACILITY.SUBSECTION (2)AND ADOPTING RULES RELATED TO THE FORM .
(e)(2.5) TTHE HERULES DEPARTMENTADOPTED MAYBY ADOPTTHE RULESDEPARTMENT ASIN NECESSARYACCORDANCE TOWITHTHISSECTIONSHALLNOTEXCEEDAPPLICABLENATIONALSTANDARDS IMPLEMENT. THIS SECTION.
(f) HEDEPARTMENTMAYUSEMONEYFROMTHEASSISTEDLIVING RESIDENCE IMPROVEMENT CASH FUND ,CREATED IN SECTION25-27-106 (2)(b)(IV)FOR THE PURPOSES OF CREATING THE FORM IN ACCORDANCE WITH THIS SUBSECTION(2)AND ADOPTING RULES RELATED TO THE FOR.
(2.5) HE RULES ADOPTED BY THE DEPARTMENT IN ACCORDANCE WITH THIS SECTION SHALL NOT EXCEED APPLICABLE NATIONAL STANDARDS .
(a) ADEMENTIAA DEMENTIA CARE FACILITY SHALL COMPLETE THE DEMENTIA CARE SERVICES INFORMATION FORM CREATED OR UPDATED BY THE DEPARTMENT PURSUANT TO SUBSECTION (2)(2)OF OF THIS SECTION WITH RESPONSIVE ACCURATE,ACCURATE ,AND COMPLETE INFORMATION REGARDING THE FACILITYS DEMENTIA CARE SERVICES.SERVICES .
(b) BEGINNINGB OEGINNING CTOBEROCTOBER 1, 2027,A2027, A DEMENTIA CARE FACILITY SHALL :
(I) POVIDETHEFACILITYPROVIDE SCOMPLETEDDEMENTIACARESERVICESTHE FACILITYS COMPLETED DEMENTIA CARE SERVICES INFORMATION FORM TO AN INDIVIDUAL WHO CONTACTS THE FACILITY SEEKINGDEMENTIACARESERVICESSEEKING ,WHETHERTHEINDIVIDUALISSEEKINGDEMENTIA DEMENTIACARESERVICESFORTHEMSELFCARE ,FORAFAMILYMEMBERSERVICES ,ORFOR,WHETHER THE INDIVIDUAL IS SEEKING DEMENTIA CARE SERVICES FOR THEMSELF ,FOR A FAMILY MEMBER ,OR FOR SOMEONE WHO IS NOT A FAMILY MEMBER ;
(II) RREVIEW EVIEW THE FORM WHEN THE FACILITY S INFORMATION CHANGES ,AND NO LESS THAN ONCE EVERY FIVE YEAR,TOYEARS ,TO ENSURE THAT -6- 1107 THE INFORMATION PROVIDED ON THE FORM IS CURRENT ,COMPLETE ,AND, AND CORRECT ;
(III) UDATETHEFACILITYUPDATE 'SINFORMATIONONTHEFORMASSOONTHE FACILITYS INFORMATION ON THE FORM AS SOON AS PRACTICABLE AFTER A CHANGE TO THE INFORMATION OCCURS ;
(IV)PAGE PBLISHTHECURRENTVERSIONOFTHECOMPLETEDFORMON4-HOUSE THEBILL FACILITY'S26-1107 PUBLI-FACING(IV) WEBSITEPUBLISH ;ANDTHE (V)CURRENT AVERSION TOF ALL TIME,MAINTAIN ON THE FACILITY S PREMISES AND HAVE AVAILABLE FORINSPECTIONACOPYOFTHE FACILITY 'S COMPLETED FORM WITHON THE FACILITY S MOSTPUBLIC-FACING CURRENTWEBSITE INFORMATION; AND PRODUCE THE FORM UPON REQUEST BY THE DEPARTMENT DURING A SURVEY OR INSPECTION OF THE FACILITY.
AND (V) ATALLTIMES ,MAINTAINONTHEFACILITY SPREMISESANDHAVE AVAILABLE FOR INSPECTION A COPY OF THE FACILITY S COMPLETED FORM WITHTHEFACILITY SMOSTCURRENTINFORMATIONANDPRODUCETHEFORM UPON REQUEST BY THE DEPARTMENT DURING A SURVEY OR INSPECTION OF THE FACILITY .
(a) HEDEPARTMENTSHALLREQUIREADEMENTIACAREFACILITYTHE 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.SECTION .
(b) DURINGD URING EACH SURVEY OR INSPECTION OF A DEMENTIA CARE FACILITY,THEFACILITY,THEDEPARTMENTSHALLREQUIRETHEFACILITYTOPRODUCEFOR DEPARTMENT SHALL REQUIRE THE FACILITY TO PRODUCE FOR INSPECTION THE FACILITY 'SS CURRENT FORM ,,COMPLETED COMPLETED AND UPDATED IN ACCORDANCE WITH SUBSECTION (3)(b)(V)OF THIS SECTIO.SECTION .
(c)FAFACILITYVIOLATESSUBSECTION(c) (3)(b)(VOFTHISSECTIONI 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(4)(b) OF THIS SECTION ,THE DEPARTMENT SHALL ISSUE A CITATION TO THE FACILIT.FACILITY .
and add -7- 1107 (2)(b)(V)(I) as follows:
or (H) ReimbursingresidentsforReimbursing residents for personal funds lost,asdeterminedlost, as determined necessary by the departmeOR;department;OR PAGE 5-HOUSE BILL 26-1107 (I) CREATINGADEMENTIACARESERVICESINFORMATIONFORMAND ADOPTINGRULESRELATEDTOTHEFORM ,PURSUANTTOSECTION 25-1-124.3 (2).
(I) CREATING A DEMENTIA CARE SERVICES INFORMATION FORM AND ADOPTING RULES RELATED TO THE FORM ,PURSUANT TO SECTION 25-1-124.3 (2).
on the day following the expiration of the ninety-day period after final adjournment of the general assemblyassembly(August (August 12, 2026, if adjournment sine die is on May 13, 2026);
except that, if a referendumreferendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate 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 approvedPAGE by6-HOUSE theBILL people26-1107 atapprovedbythepeopleatthegeneralelectiontobeheldinNovember2026 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.
-8-____________________________ 1107____________________________ 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 PAGE 7-HOUSE BILL 26-1107