SR 18-005 — Colorado Department Of Public Health And Environment Assisted Living Residence Rules

SENATESecond RESOLUTIONRegular 18-005Session BYSeventy-first SENATOR(S)General Lundberg,Assembly Grantham,STATE Aguilar,OF Court, Crowder, Garcia, Gardner, Guzman, Kagan, Kefalas, Lambert, Marble, Merrifield, Neville T., Tate, Todd CONCERNING THE COLORADO DEPARTMENTENGROSSED OFLLS PUBLICNO. HEALTH AND ENVIRONMENT'S PROPOSED RULES REGULATING THE ASSISTED LIVING INDUSTRY IN COLORADO.

WHEREAS,R18-1194.01 TheRebecca numberHausmann ofx2172 olderSR18-005 adultsSENATE inSPONSORSHIP ColoradoLundberg, isGrantham increasingSenate rapidly,Committees andSENATE theRESOLUTION population18-005 ofCONCERNINGTHE adultsC inOLORADO ColoradoD overEPARTMENT theOF ageP ofUBLIC 60H willEALTHAND increaseENVIRONMENT 88%'S betweenPROPOSED 2018RULES andREGULATING 2050;THE ASSISTED LIVING INDUSTRY IN C OLORADO .

WHEREAS,ThenumberofolderadultsinColoradoisincreasing rapidly, and the population of adults in Colorado over the age of 60 will increase 88% between 2018 and 2050;

and WHEREAS,a TheE numberi ofA assistedd livingi residencesN thatd area licensedShading indenotes theHOUSE stateamendment. is increasing exponentially, and is currently at 660, with 60% serving 20 residents or fewer;

andDouble WHEREAS,Itisthedutyofunderlining thestateofdenotes ColoradotoensurethattheseSENATE facilitiesamenSmenR. are able to safely care for older and vulnerable adults;

andCapital WHEREAS,letters Assistedor livingbold residents& initalic Coloradonumbers areindicate older,new frailer,material andhavemorecomplexhealthcareneedsthan30yearsago,with57%ofto assistedbe livingadded residentstoAexisting beingstatute. over the age of 85 and 43% having Alzheimer's disease or some other form of dementia;

andDashes WHEREAS,TheFacilityGuidelinesInstitute'sguidelinesdiscouragethrough renovationsandnewconstructionofsmallassistedlivingresidences;andthe WHEREAS,Thefederalwords governmentindicate providesdeletions fundingfrom toexisting ensurestatute. that Colorado's 228 nursing homes, in which residents require around-the-clockcare,areregularlysurveyedforsafety,andtheCDPHE has 46 inspectors to do this job;

and WHEREAS, The CDPHEnumber doesof notassisted receiveliving stateresidences generalthat fundsare tolicensed ensureappropriateoversightofassistedlivingresidencesinourstate;andin WHEREAS,Safetyinspectionsforassistedlivingresidencesarepaid for by the facilitiesstate themselvesis throughincreasing licensureexponentially, fees,and resultingis incurrently onlyat state660, inspectorswith to60% ensureserving that20 ourresidents 660or assistedfewer; living residences are safe;

and WHEREAS, TheIt CDPHEis andthe industryduty stakeholdersof have, over the laststate 24 months, developed a proposed set of rulesColorado to regulateensure assistedthat livingthesefacilitiesareabletosafelycare residencesfor inolder Colorado;and vulnerable adults;

and WHEREAS, Assisted living residents in Colorado are older, frailer, and havemorecomplex health care needs than 30 years ago, with 57%of assistedlivingresidentsbeingovertheageof 85and43%having Alzheimer's disease or some other form of dementia;

and WHEREAS, The Facility Guidelines Institute's guidelines discourage renovations and new construction of small assisted living residences;

and WHEREAS, The federal government provides funding to ensure that Colorado's 228 nursing homes, in which residents require around-the-clockcare,areregularlysurveyedforsafety,andtheCDPHE has 46 inspectors to do this job;

and WHEREAS, The CDPHE does not receive state general funds to ensureappropriateoversightofassistedlivingresidencesinourstate;and WHEREAS, Safety inspections for assisted living residences are paid for by the facilities themselves through licensure fees, resulting in only 12 state inspectors to ensure that our 660 assisted living residences are safe;

and WHEREAS,TheCDPHEandindustrystakeholdershave,overthe last 24 months, developed a proposed set of rules to regulate assisted living residences in Colorado;

and WHEREAS,ThemajorityoftheseassistedlivingresidencesservetheWHEREAS,Themajorityoftheseassistedlivingresidencesserve the Medicaid population of the state;

and -2- 005 WHEREAS, Assisted living residences will receive a 25% Medicaid rate increase in the 2018-19 state budget, resulting in a $4,700 per year per resident increase;

and WHEREAS,TheproposedrulesareintendedtoensurethehealthandWHEREAS, safetyoftheolderadultsreliantonassistedlivingresidencesforcare,andThe proposed rules are intended to ensure the health andsafetyoftheolderadultsreliantonassistedlivingresidencesforcare, and they regulate administrator competency, staff training, safety measures, and food preparation;

now, therefore, PAGEBeItResolvedbytheSenateoftheSeventy-firstGeneralAssembly 2-SENATE RESOLUTION 18-005 Be It Resolved by the Senate of the Seventy-first General Assembly of the State of Colorado:

(2) BeginningBeginningMay15,2018,theCDPHEandtheBoardcontinue May 15, 2018, the CDPHE and the Board continue to work with stakeholders to ensure that the rules are modified as appropriate for small assisted living residences;

and (3) TheJointBudgetCommitteeworkwiththeCDPHEtoensurethatTheJointBudgetCommitteeworkwiththeCDPHEtoensure adequatethatadequatefundingisprovidedtoprotectolderColoradanswhorelyon funding is provided to protect older Coloradans who rely on assisted living residences for care.

Be It Further Resolved, That a copyofcopy of this Resolution be transmitted to Colorado Governor John Hickenlooper;

Larry Wolk, Executive DirectorofDirector theColoradoDepartmentofof the Colorado Department of Public Health andEnvironment;and Environment;theColoradoBoardofHealth;RandyKuykendall,Director of the Health Facilities and EmergencyMedical Services Division of the Colorado Department of Public Health and Environment;

theColoradoBoardofHealth;RandyKuykendall,Directorof theHealth Facilities and Emergency Medical Services Division of the Colorado Department of Public Health and Environment;

____________________________-3- ____________________________005 Kevin Grantham Effie Ameen PRESIDENT OF SECRETARY OF THE SENATE THE SENATE PAGE 3-SENATE RESOLUTION 18-005