Page 1
January 27, 2022 SB 22-053
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0583
Sen. Sonnenberg
Rep. Pelton
Date:
Bill Status:
Fiscal Analyst:
January 27, 2022
Senate SVMA
Annie Scott | 303-866-5851
Annie.Scott@state.co.us
Bill Topic: HEALTH FACILITY VISITATION DURING PANDEMIC
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill requires hospitals, nursing care facilities and assisted living residences to allow
their patients and residents to have at least one visitor of their choosing. The bill will
increase state expenditures on an ongoing basis.
Appropriation
Summary:
For FY 2022-23, the bill requires an appropriation of $45,409 to the Department of
Public Health and Environment.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under SB 22-053
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue
- -
Expenditures General Fund $45,409 $42,699
Centrally Appropriated $11,377 $11,691
Total Expenditures $56,786 $54,390
Total FTE 0.6 FTE 0.6 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $6,811 $6,405
Page 2
January 27, 2022 SB 22-053
Summary of Legislation
The bill requires health care facilities, including hospitals, nursing care facilities and assisted living
residences, to allow their patients and residents to have at least one visitor of their choosing. The bill
also requires these health care facilities to have written policies and procedures concerning visitation,
including any restrictions or limitations that are placed on visitation and the reasons for these
restrictions or limitations.
The bill prohibits health care facilities from disallowing visitation if the sole reason is to reduce the
risk of transmission of a pandemic disease, but allows health care facilities to impose requirements
and limitations on visitors to reduce the risk of transmission of a pandemic disease as follows:
during a period of heightened pandemic disease transmission risk, health care facilities may
designate entry points, deny visitors with known symptoms of the pandemic disease, require
visitors to wear face coverings or other protective equipment, and require them to sign a waiver
acknowledging the risks of visitation;
during a period of known community transmission of a pandemic disease, health care facilities
may require all visitors to be screened for symptoms of the disease before visitation, and deny
entrance to any visitor who has symptoms of the disease; and
during widespread community transmission of the disease, facilities may limit visitation to
essential caregivers or for compassionate care visits from a friend or family member to alleviate
physical or emotional distress.
Background
The Department of Public Health and Environment (CDPHE) licenses and regulates approximately
3,620 health care facilities. CDPHE, as a normal course of business, prioritizes and investigates
complaints made against health care facilities.
Assumptions
This fiscal note assumes that most health care facilities will comply with requirements of the bill, but
that there will be complaints filed against health care facilities that do not comply with these
requirements. It is assumed that 1.5 percent of complaints will be related to this issue, equating to
approximately 54 complaints being filed annually against health care facilities starting in FY 2022-23.
State Expenditures
The bill increases state expenditures in the CDPHE by $56,786 in FY 2022-23 and $54,390 in FY 2023-24,
paid from the General Fund. Expenditures are shown in Table 2 and detailed below.
Page 3
January 27, 2022 SB 22-053
Table 2
Expenditures Under SB 22-053
Cost Components FY 2022-23 FY 2023-24
Department of Public Health and Environment
Personal Services $38,399 $41,889
Operating Expenses $810 $810
Capital Outlay Costs $6,200 -
Centrally Appropriated Costs
1
$11,377 $11,691
FTE – Personal Services 0.6 FTE 0.6 FTE
Total $56,786 $54,390
Total FTE 0.6 FTE 0.6 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Department of Public Health and Environment. Beginning in FY 2022-23, CDPHE will require
0.6 FTE to review, investigate and resolve visitation complaints filed against health care facilities as a
result of this bill. Costs are adjusted for the General Fund paydate shift in the first year. Costs are
assumed to be paid from the General Fund given the low available fund balance in the General
Licensure Fund, which is typically used to pay for the regulation of health facilities.
Department of Human Services. This bill may result in minimal policy changes or adjustments to
practice in facilities operated by the Department of Human Services. The fiscal note assumes that this
increased workload can be accomplished within existing resources and no change in appropriations
is required.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated with
this bill are addressed through the annual budget process and centrally appropriated in the Long Bill or
supplemental appropriations bills, rather than in this bill. These costs, which include employee insurance
and supplemental employee retirement payments, are shown in Table 2.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve beginning in FY 2022-23. Based
on this fiscal note, the bill is expected to increase the amount of General Fund held in reserve by $6,811
in FY 2022-23 and $6,405 in FY 2023-24, which will decrease the amount of General Fund available for
other purposes.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
Page 4
January 27, 2022 SB 22-053
State Appropriations
For FY 2022-23, the bill requires a General Fund appropriation of $45,409 to the Department of Public
Health and Environment and 0.6 FTE.
State and Local Government Contacts
Health Care Policy and Financing Human Services
Information Technology Public Health and Environment
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.