First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0771.01 Chelsea Princell x4335
HOUSE BILL 25-1184
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING COMMUNITY -BASED CONTINUING CARE SERVICES FOR101
SENIORS AWAITING ADM ISSION TO A LIFE CARE INSTITUTION .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, life care institutions provide life and health
support services to resident seniors who reside at the life care institution
through the help of independent living arrangements, assisted living, or
skilled nursing. The bill allows life care institutions to provide
community-based continuing care services to seniors in their homes and
other services that benefit individuals who are awaiting admission to a
HOUSE SPONSORSHIP
Paschal and Hartsook,
SENATE SPONSORSHIP
Roberts and Carson,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. life care institution.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 11-49-101 as2
follows:3
11-49-101. Definitions. As used in this article 49, unless the4
context otherwise requires:5
(1) "Aged person" means any person sixty-two years of age or6
older.7
(2) "Board" means the financial services board created in section8
11-44-101.6.9
(3) "Commissioner" means the state commissioner of financial10
services, serving in accordance with section 11-44-102.11
(4) "C
OMMUNITY-BASED CONTINUING CARE" OR "CBCC" MEANS12
A PROGRAM PROVIDING OR COMMITTING TO PROVIDE A RANGE OF13
SERVICES TO A PARTICIPANT PURSUANT TO A CONTRACT EFFECTIVE FOR14
THE LIFE OF THE INDIVIDUAL AND IN CONSIDERATION OF THE PAYMENT OF15
A ONE-TIME ENTRANCE FEE OR A MONTHLY FEE . "COMMUNITY-BASED16
CONTINUING CARE" OR "CBCC" ALSO MEANS THE PROVISION OF SERVICES17
TO AN INDIVIDUAL IN THE INDIVIDUAL 'S PRIVATE RESIDENCE, WHEN18
MEDICALLY FEASIBLE, AND PROVIDING FACILITY-BASED LONG-TERM CARE19
SERVICES, WHEN REQUIRED, EITHER DIRECTLY OR INDIRECTLY THROUGH20
AFFILIATED SERVICES OR CONTRACTUAL ARRANGEMENTS .21
(5) "C
OMMUNITY-BASED CONTINUING CARE ENTRANCE FEE " OR22
"CBCC
ENTRANCE FEE" MEANS AN INITIAL OR DEFERRED TRANSFER TO A23
CBCC
PROVIDER OF A SUM OF MONEY OR OTHER PROPERTY MADE OR24
PROMISED TO BE MADE IN ADVANCE OR AT SOME FUTURE TIME AS FULL OR25
HB25-1184-2- PARTIAL CONSIDERATION FOR ACCEPTANCE OF AN INDIVIDUAL AS A1
PARTICIPANT.2
(6) "C
OMMUNITY-BASED CONTINUING CARE PROVIDER" OR "CBCC3
PROVIDER" MEANS A PROVIDER WHO PROVIDES OR OFFERS TO PROVIDE4
COMMUNITY-BASED CONTINUING CARE TO A PARTICIPANT AND HAS5
OPERATED A LIFE CARE INSTITUTION PURSUANT TO THIS ARTICLE 49 FOR6
AT LEAST THREE YEARS.7
(4)
(7) "Entrance fee" means the total of any initial or deferred8
transfer to or for the benefit of a provider
MADE PURSUANT TO A LIFE9
CARE CONTRACT, which transfer:10
(a) Is made or promised to be made as full or partial consideration11
for the acceptance or maintenance of a specified individual as a resident12
in a facility; and13
(b) Is in the form of:14
(I) Property; or15
(II) A sum of money in an amount that is greater than four times16
the amount of a regular periodic charge under a life care contract at the17
facility.18
(5)
(8) "Facility" means the place WITH LIVING UNITS in which a19
provider undertakes to provide life care to a resident.20
(6) (9) "Life care" means care provided, MADE AVAILABLE TO A21
RESIDENT OF A LIVING UNIT BY A PROVIDER pursuant to a life care22
contract, for the life of an aged person, including, but not limited to,23
services such as occupancy of a living unit, health care, nutrition24
assistance, medical services, and nursing services within a living unit25
BOARD, LODGING, NURSING SERVICES, OR OTHER SERVICES REQUIRED BY26
A LIFE CARE CONTRACT.27
HB25-1184
-3- (7) (10) "Life care contract" means a written contract to provide1
life care to a person for the duration of the person's life conditioned upon2
the transfer of an entrance fee to the provider of the services in addition3
to or in lieu of the payment of regular periodic charges for the
LIFE care4
and services involved. A life care contract under which the entrance fee5
is payable to or for the provider in four or more installments is subject to6
the provisions of the "Uniform Consumer Credit Code", articles 1 to 9 of7
title 5.8
(8)
(11) "Living unit" means a room, apartment, or other area that9
is within a facility and set aside for the use of one or more identified10
residents and within which life care is provided MADE AVAILABLE by the11
provider. A resident's living unit may change based on the appropriate12
care needs of the resident.13
(12) "P
ARTICIPANT" MEANS AN INDIVIDUAL WHO HAS ENTERED14
INTO A COMMUNITY-BASED CONTINUING CARE CONTRACT .15
(9)
(13) "Person" means all corporations, associations,16
partnerships, or individuals, including fraternal or benevolent orders or17
societies.18
(14) "P
RIVATE RESIDENCE" MEANS THE PLACE WHERE A CBCC19
PROVIDER PROVIDES CBCC TO A PARTICIPANT AND DOES NOT INCLUDE A20
LIVING UNIT OR A FACILITY.21
(10)
(15) (a) "Provider" means a person who undertakes to22
provide services in a facility pursuant to a life care contract.23
(b) "Provider" does not include a unit owners' association, as24
defined in section 38-33.3-103 (3).25
(16) "R
ANGE OF SERVICES" MEANS SERVICES THAT ENABLE A26
PARTICIPANT TO LIVE SAFELY IN THE PARTICIPANT'S PRIVATE RESIDENCE.27
HB25-1184
-4- (11) (17) "Resident" means any person entitled pursuant to a life1
care contract to receive life care in a facility.2
(12) (18) "Third-party service providers" means any person, other3
than a provider, who is the holder of a management contract with a4
provider or who contracts with a provider to provide life care services to5
residents.6
SECTION 2. In Colorado Revised Statutes, 11-49-103, amend7
(2) as follows:8
11-49-103. Withdrawal or dismissal of person - refund. (2) If9
the provider is an organization described in section 501 (c)(3) of the10
federal "Internal Revenue Code of 1986", as amended, and exempt from11
income taxation under section 501 (a) of the federal "Internal Revenue12
Code of 1986", as amended, it shall be OR HAS A POLICY NOT TO13
TERMINATE A RESIDENT'S LIFE CARE CONTRACT DUE TO THE INABILITY TO14
PAY IF THE RESIDENT IS OTHERWISE COMPLIANT WITH THE LIFE CARE15
CONTRACT, THE PROVIDER IS entitled to make a refund according to a16
schedule provided in its agreement with the resident so long as the17
schedule provides for amortization of the amount paid by the resident18
over a period of not less than sixty months or over the life expectancy of19
the resident if the expectancy is less than sixty months. In such case, the20
refund may be delayed for a reasonable period thereafter until the21
securing by the provider of a substitute fee from another resident or22
prospective resident. The provider may also deduct from any such refund23
amounts due it from the resident for damage done or for any other24
legitimate offsetting item.25
SECTION 3. In Colorado Revised Statutes, 11-49-105, add (4)26
as follows:27
HB25-1184
-5- 11-49-105. Reserve requirements. (4) A CBCC PROVIDER SHALL1
MAINTAIN SEPARATE RESERVES TIED TO AN ACTUARIAL ASSESSMENT , IN2
THE FORM AND MANNER REQUIRED BY THE COMMISSIONER , IN ORDER FOR3
THE PROVIDER TO FULLY PERFORM ITS OBLIGATIONS UNDER ITS4
COMMUNITY-BASED CONTINUING CARE CONTRACTS .5
SECTION 4. In Colorado Revised Statutes, 11-49-106, amend6
(1), (2), and (3) as follows:7
11-49-106. Annual report by providers - fee. (1) Each A8
provider
AND CBCC PROVIDER shall file an
annual report REPORTS with9
the commissioner within ninety days after the end of its THEIR fiscal year10
that contains CONTAIN the certified financial statements for each facility11
OR PROGRAM and such other information as may be required by the12
commissioner. The annual report shall REPORTS MUST be made in a form13
prescribed by the commissioner.14
(2) A provider
AND CBCC PROVIDER shall amend its
THEIR annual15
report REPORTS on file with the commissioner if an amendment is16
necessary to prevent the report REPORTS from containing a material17
misstatement of fact or omission of a material fact.18
(3) A provider
AND CBCC PROVIDER shall make its
THEIR annual19
report REPORTS available to residents OR PARTICIPANTS upon request.20
SECTION 5. In Colorado Revised Statutes, amend 11-49-107 as21
follows:22
11-49-107. Examination - fees. The commissioner may conduct23
an examination of the affairs of any A provider OR CBCC PROVIDER as24
often as the commissioner deems it necessary for the protection of the25
interests of the people of this state. Providers
AND CBCC PROVIDERS shall26
maintain copies of their books and records in Colorado to provide access27
HB25-1184
-6- for the purposes of this article 49. The commissioner shall assess each1
provider at least semiannually, to cover the annual direct and indirect2
costs of examinations, supervision, and administration conducted3
pursuant to the provisions of this section. The assessments shall MUST be4
calculated in terms of cents per thousand dollars of total escrowed5
entrance fees and reserves maintained. The assessment calculation, or6
ratio of the assessment charged to total escrowed entrance fees and7
reserves maintained, shall MUST be alike in all cases. On or before the8
dates specified by the commissioner, each association PROVIDER AND9
CBCC
PROVIDER shall pay its assessment. If deemed necessary, the10
commissioner may estimate a per diem rate to be charged for11
examinations and charge a provider
OR CBCC PROVIDER for the actual12
cost of any examination documented by the commissioner.13
SECTION 6. In Colorado Revised Statutes, amend 11-49-109 as14
follows:15
11-49-109. Violation. Any
A person acting in the capacity of a16
provider
OR CBCC PROVIDER who enters into a life care contract OR17
CBCC
CONTRACT, or extends the term of an existing life care contract OR18
CBCC
CONTRACT, without acting in compliance with the provisions of
19
this article 49 commits a class 2 misdemeanor.20
SECTION 7. In Colorado Revised Statutes, 11-49-111, add (2),21
(3), and (4) as follows:22
11-49-111. Life care contract and CBCC contract - content.23
(2) A
COMMUNITY-BASED CONTINUED CARE CONTRACT MUST BE WRITTEN24
IN A CLEAR AND COHERENT MANNER USING WORDS WITH COMMON AND25
EVERYDAY MEANINGS AND MUST :26
(a) S
HOW THE VALUE OF ALL PROPERTY TRANSFERRED , INCLUDING27
HB25-1184
-7- DONATIONS, SUBSCRIPTIONS, FEES, AND ANY OTHER AMOUNTS PAID OR1
PAYABLE BY, OR ON BEHALF OF, THE PARTICIPANT;2
(b) S
HOW ALL SERVICES THAT ARE PROVIDED BY THE CBCC3
PROVIDER TO THE PROSPECTIVE PARTICIPANT , INCLUDING, IN DETAIL, ALL4
ITEMS THAT THE PARTICIPANT WILL RECEIVE, WHETHER THE ITEMS WILL BE5
PROVIDED FOR A DESIGNATED TIME PERIOD OR FOR THE LIFE OF THE6
PARTICIPANT, AND THE MONTHLY CHARGE FOR THE SERVICE ;7
(c) B
E ACCOMPANIED BY A FINANCIAL STATEMENT SHOWING IN8
REASONABLE DETAIL THE FINANCIAL CONDITION OF THE CBCC PROVIDER,9
INCLUDING A STATEMENT OF EARNINGS FOR THE PREVIOUS THIRTY -SIX10
MONTHS, THAT MUST BE FURNISHED TO THE PROSPECTIVE PARTICIPANT ;11
(d) D
ESCRIBE THE PHYSICAL HEALTH , MENTAL HEALTH, AND12
FINANCIAL CONDITIONS OF THE PARTICIPANT UNDER WHICH THE CBCC13
PROVIDER MAY REQUIRE THE PARTICIPANT TO END THEIR PARTICIPATION14
IN THE PROGRAM;15
(e) D
ESCRIBE THE CIRCUMSTANCES UNDER WHICH A PARTICIPANT16
MAY REMAIN IN THE PROGRAM IN THE EVENT THAT A PARTICIPANT IS17
UNABLE TO PRODUCE A REQUIRED PAYMENT ;18
(f) (I) P
ROVIDE THAT THE CBCC PROVIDER SHALL NOT CANCEL A19
COMMUNITY-BASED CONTINUING CARE CONTRACT WITH THE PARTICIPANT20
WITHOUT SHOWING GOOD CAUSE . GOOD CAUSE IS LIMITED TO THE21
FOLLOWING:22
(A) P
ROOF THAT THE PARTICIPANT IS A DANGER TO THEMSELF OR23
OTHERS;24
(B) P
ERSISTENT NONPAYMENT BY THE PARTICIPANT OF A25
MONTHLY OR PERIODIC FEE;26
(C) R
EPEATED CONDUCT BY THE PARTICIPANT THAT INTERFERES27
HB25-1184
-8- WITH OTHER PARTICIPANTS' QUIET ENJOYMENT OF A FACILITY OR SERVICE;1
(D) P
ERSISTENT REFUSAL TO COMPLY WITH WRITTEN RULES AND2
REGULATIONS OF THE PROGRAM ;3
(E) A
MATERIAL MISREPRESENTATION MADE INTENTIONALLY OR4
RECKLESSLY BY THE PARTICIPANT IN THEIR APPLICATION FOR5
PARTICIPATION IN THE PROGRAM, OR RELATED MATERIALS, REGARDING6
INFORMATION THAT, IF ACCURATELY PROVIDED, WOULD RESULT IN EITHER7
THE PARTICIPANT NOT QUALIFYING FOR PARTICIPATION OR A MATERIAL8
INCREASE IN THE COST OF PROVIDING THE CARE AND SERVICES PROVIDED9
UNDER THE CBCC CONTRACT TO THE PARTICIPANT; OR10
(F) A
MATERIAL BREACH BY THE PARTICIPANT OF THE TERMS AND11
CONDITIONS OF THE COMMUNITY -BASED CONTINUING CARE CONTRACT .12
(II) I
F A CBCC PROVIDER INTENDS TO CANCEL A CBCC CONTRACT13
AND TERMINATE A PARTICIPANT 'S PARTICIPATION, THE PROVIDER MUST14
GIVE THE PARTICIPANT WRITTEN NOTICE OF , AND A REASONABLE15
OPPORTUNITY TO CURE WITHIN A REASONABLE PERIOD , THE CONDUCT16
THAT WARRANTS THE CANCELLATION OF THE CBCC CONTRACT. THE17
NOTICE MUST SPECIFY WHICH OF THE CIRCUMSTANCES DESCRIBED IN18
SUBSECTION (2)(f)(I) OF THIS SECTION OCCURRED THAT WARRANTS19
TERMINATION OF THE CBCC CONTRACT.20
(g) P
ROVIDE IN CLEAR AND UNDERSTANDABLE LANGUAGE , IN21
PRINT NO LARGER THAN THE LARGEST TYPE USED IN THE BODY OF THE22
CBCC
CONTRACT, THE TERMS GOVERNING A REFUND OF A PORTION OF THE23
CBCC
ENTRANCE FEE AND THE MANNER IN WHICH THE CBCC PROVIDER24
MAY USE THE FUNDS FROM THE CBCC ENTRANCE FEE IF NOT REFUNDED;25
(h) S
TATE THE TERMS THAT A CBCC CONTRACT IS CANCELLED BY26
THE DEATH OF THE PARTICIPANT. THE CBCC CONTRACT MAY CONTAIN A27
HB25-1184
-9- PROVISION TO THE EFFECT THAT, UPON THE DEATH OF THE PARTICIPANT,1
THE MONEY PAID FOR THE COMMUNITY -BASED CONTINUING CARE OF THE2
PARTICIPANT IS CONSIDERED EARNED AND IS PROPERTY OF THE CBCC3
PROVIDER.4
(i) P
ROVIDE A PARTICIPANT WITH AT LEAST A THIRTY-DAY NOTICE5
PRIOR TO A CHANGE IN FEES , CHARGES, OR THE SCOPE OF CARE OR6
SERVICES, EXCEPT FOR CHANGES REQUIRED BY STATE OR FEDERAL LAW .7
(3) A
PARTICIPANT HAS THE RIGHT TO RESCIND A CBCC8
CONTRACT AND RECEIVE A FULL REFUND OF THE CBCC ENTRANCE FEE9
WITHIN SEVEN DAYS AFTER MAKING AN INITIAL DEPOSIT OR EXECUTING10
THE CBCC CONTRACT. A PARTICIPANT IS NOT REQUIRED TO BEGIN THE11
PROVISION OF CARE OR SERVICES OUTLINED IN THE PARTICIPANT 'S CBCC12
CONTRACT BEFORE THE EXPIRATION OF THE SEVEN -DAY PERIOD.13
(4) I
F A PARTICIPANT DIES BEFORE THE PROGRAM BEGINS , OR IS14
PRECLUDED FROM PARTICIPATING IN THE PROGRAM DUE TO ILLNESS ,15
INJURY, OR INCAPACITY, THE CONTRACT AUTOMATICALLY RESCINDS AND16
THE PARTICIPANT OR THE PARTICIPANT 'S LEGAL REPRESENTATIVE MUST17
RECEIVE A FULL REFUND OF ALL MONEY PAID TO THE CBCC PROVIDER,18
EXCEPT COSTS SPECIFICALLY INCURRED BY THE CBCC PROVIDER AT THE19
REQUEST OF THE PARTICIPANT AND SET FORTH IN WRITING IN A SEPARATE20
ADDENDUM SIGNED BY BOTH PARTIES TO THE CONTRACT .21
SECTION 8. In Colorado Revised Statutes, 11-49-112, amend22
(1) introductory portion and (1)(f); and repeal (1)(e) as follows:23
11-49-112. Register. (1) Every provider
AND CBCC PROVIDER24
shall maintain a register setting forth the following facts concerning each25
person
OR PARTICIPANT residing in the
A life care institution OR26
RECEIVING CBCC:27
HB25-1184
-10- (e) Mother's maiden name;1
(f) The person responsible for each resident's care and2
maintenance;
AND3
SECTION 9. In Colorado Revised Statutes, amend 11-49-113 as4
follows:5
11-49-113. Advertisements and solicitations of life care6
contracts and CBCC contracts - requirements. Any report, circular,7
public announcement, certificate, or financial statement, or any other8
printed matter or advertising material that is designed for or used to solicit9
or induce persons to enter into any life care contract
OR CBCC10
CONTRACT, and that lists or refers to the name of any individual or11
organization as being interested in or connected with the person,12
association, or corporation to perform the contract, shall
MUST clearly13
state the extent of financial responsibility assumed by that individual or14
organization for the person, association, or corporation and the fulfillment15
of its contracts.16
SECTION 10. In Colorado Revised Statutes, 30-28-115, amend17
(2)(b)(II) as follows:18
30-28-115. Public welfare to be promoted - legislative19
declaration - construction. (2) (b) (II) The general assembly declares20
that the establishment of group homes for the aged for the exclusive use21
of not more than eight persons sixty years of age or older per home is a22
matter of statewide concern. The general assembly further finds and23
declares that it is the policy of this state to enable and assist persons sixty24
years of age or older who do not need nursing facilities and who so elect25
to live in normal residential surroundings, including single-family26
residential units. Group homes for the aged shall MUST be distinguished27
HB25-1184
-11- from nursing facilities, as defined in section 25.5-4-103 (14) SECTION1
25.5-4-103, and institutions providing life care, as defined in section2
11-49-101 (6) SECTION 11-49-101. Every county having adopted or that3
shall adopt THAT ADOPTS a zoning ordinance shall provide for the location4
of group homes for the aged. A group home for the aged established5
under this subsection (2)(b)(II) shall MUST not be located within seven6
hundred fifty feet of another such group home, unless otherwise provided7
for by the county.8
SECTION 11. In Colorado Revised Statutes, 31-23-303, amend9
(2)(b)(II) as follows:10
31-23-303. Legislative declaration. (2) (b) (II) The general11
assembly declares that the establishment of group homes for the aged for12
the exclusive use of not more than eight persons sixty years of age or13
older per home is a matter of statewide concern. The general assembly14
further finds and declares that it is the policy of this state to enable and15
assist persons sixty years of age or older who do not need nursing16
facilities, and who so elect, to live in normal residential surroundings,17
including single-family residential units. Group homes for the aged shall18
MUST be distinguished from nursing facilities, as defined in section19
25.5-4-103 (14) SECTION 25.5-4-103, and institutions providing life care,20
as defined in section 11-49-101 (6) SECTION 11-49-101. Every21
municipality having adopted or that shall adopt THAT ADOPTS a zoning22
ordinance shall provide for the location of group homes for the aged. A23
group home for the aged established under this subsection (2)(b) shall24
MUST not be located within seven hundred fifty feet of another such group25
home, unless otherwise provided for by the municipality. Nothing in this26
subsection (2)(b) shall be construed to exempt the group homes from27
HB25-1184
-12- compliance with any state, county, or municipal health, safety, and fire1
codes. On April 29, 1976, every person sixty years of age or older who2
resides in a skilled or intermediate health-care facility and who may be3
transferred or discharged therefrom to a group home for the aged shall not4
be so discharged or transferred unless he or she has received ninety days'5
advance written notice thereof or has agreed in writing to the proposed6
transfer or discharge.7
SECTION 12. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2026 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
HB25-1184
-13-