6 Colo. Code Regs. § 1011-1 Chapter 13, pt. 12

Current through Register Vol. 47, No. 24, December 25, 2024

Part 12 - [Effective 10/15/2024] PATIENT RIGHTS

12.1 As a condition of licensure, the FSED shall be in compliance with 6 CCR 1011-1, Chapter 2, Part 7.

12.2 Service Availability Form Regarding Non-Medical Denial of Care

(A) As required in Section 25-58-101, et seq, C.R.S., the FSED shall submit to the Department a current and complete service availability form, not later than sixty (60) calendar days after the Department issues or updates the form. The FSED's responses in the form shall indicate the availability of the listed services at the FSED, whether any of the listed services are subject to non-medical denial or limitation of care, and whether referrals for the services are available.

(1) Each FSED shall submit to the Department an updated service availability form within thirty (30) calendar days after making a change to information provided on the form.

(2) The information regarding service availability shall be submitted in the form and manner determined by the Department.

(B) FSEDs shall, no later than October 1, 2024:

(1) Make their current and complete service availability form available to the following:

(a) Any person upon request, and

(b) Patients or patient representatives:

(i) During scheduling for any service listed on the form, and

(ii) At the time privacy requirements in Health Insurance Portability and Accountability Act (HIPAA) are provided before the initiation of any healthcare services.

(2) Adopt a policy to provide the form to the persons listed in Part 12.2 (B)(1) above, and encourage health care professionals who have privileges with the FSED to provide the FSED's service availability form to the patient or patient's representative prior to any scheduled health-care service at the FSED.

(3) Record receipt of the form by patients or patient representatives and maintain a record of those receipts.

(4) If providing the current service availability form to patients or patient representatives is impracticable because of an emergency or other circumstances, the FSED may delay the provision of the service availability form, as appropriate.

(C) An FSED receiving an initial license shall submit to the Department a completed service availability form and meet the requirements of Part 12.2 (B) above within thirty (30) calendar days after receiving an initial license from the Department.

(D) An FSED that fails to comply with this section is subject to enforcement actions, including but not limited to: intermediate restrictions, plans of correction, unscheduled or unannounced reviews, and is subject to a fine not exceeding one thousand dollars ($1,000.00) for each day the FSED is not in compliance with this section.

6 CCR 1011-1 Chapter 13, pt. 12

47 CR 18, September 25, 2024, effective 10/15/2024