Colorado Revised Statutes Title 25. Health § 25-3-105. License--fee--rules--performance incentive system--penalty

(1)(a)(I)(A) Subject to the limitations in subsections (1)(a)(I)(B) and (1)(a)(I)(B.5) of this section, the state board of health shall establish a schedule of fees, which must be set at a level sufficient to meet the direct and indirect costs of administration and enforcement of this article 3, as appropriated by the general assembly for each fiscal year, less any money appropriated for the same fiscal year by the general assembly from any other source to meet such costs. The fee schedule must also ensure that the reserve balance in the health facilities general licensure cash fund, created in section 25-3-103.1(1), is consistent with the limits specified in section 24-75-402(3) and must be modified, as necessary, to comply with the limits. The state board shall establish and modify, as necessary, the fee schedule by rules adopted in accordance with article 4 of title 24. Except as specified in subsection (1)(a)(II) of this section, the department of public health and environment may assess fees in accordance with the fee schedule established by the state board against health facilities licensed by the department. All fees collected pursuant to the fee schedule must be deposited in the health facilities general licensure cash fund, created in section 25-3-103.1(1), and are subject to appropriation by the general assembly in accordance with section 25-3-103.1(2).

(B) On or after June 4, 2012, and until June 30, 2025, the state board of health may increase the amount of any fee on the schedule of fees established pursuant to subsection (1)(a)(I)(A) of this section that is in effect on June 4, 2012, by an amount not to exceed the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all urban consumers and all goods, or its applicable predecessor or successor index. Nothing in this subsection (1)(a)(I)(B) limits the ability of the state board of health to reduce the amount of any fee on the schedule of fees in effect on such date or to modify fees as necessary to comply with section 24-75-402. Notwithstanding the requirements of this subsection (1)(a)(I)(B), the state board of health may assess fees necessary to cover the costs associated with the surveys conducted pursuant to section 25-3-128.

(B.5) For state fiscal year 2025-26 and each state fiscal year thereafter, the schedule of fees adopted by the state board of health pursuant to subsection (1)(a)(I)(A) of this section must be updated and published by March 1 of the year that the fees will take effect. The fees are not subject to rule-making by the state board of health. The schedule of fees must increase eight percent for state fiscal year 2025-26; six percent for each of the state fiscal years 2026-27, 2027-28, and 2028-29; and, for state fiscal year 2029-30, and each year thereafter, the increase must be equal to the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid by urban consumers.

(C) The department of public health and environment shall institute, by rule, a performance incentive system for licensed health facilities under which a licensed health facility would be eligible for a reduction in its license renewal fee if: The department's on-site relicensure inspection demonstrates that the health facility has no significant deficiencies that have negatively affected the life, safety, or health of its consumers; the licensed health facility has fully and timely cooperated with the department during the on-site inspection; the department has found no documented actual or potential harm to consumers; and, in the case where any significant deficiencies are found that do not negatively affect the life, safety, or health of consumers, the licensed health facility has submitted, and the department has accepted, a plan of correction and the health facility has corrected the deficient practice, as verified by the department, within the period required by the department. Notwithstanding the requirements of this subsection (1)(a)(I)(C), any fees associated with the surveys and investigations of hospitals authorized by section 25-3-128 are not subject to a reduction based on the performance incentive system.