Colorado 2025 Regular Session

Colorado House Bill HB1184 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0771.01 Chelsea Princell x4335
8	8		HOUSE BILL 25-1184
9	9		House Committees Senate Committees
10	10		Health & Human Services Health & Human Services
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING COMMUNITY -BASED CONTINUING CARE SERVICES FOR101
14	14		SENIORS AWAITING ADM ISSION TO A LIFE CARE INSTITUTION .102
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov
21	21		.)
22	22		Under current law, life care institutions provide life and health
23	23		support services to resident seniors who reside at the life care institution
24	24		through the help of independent living arrangements, assisted living, or
25	25		skilled nursing. The bill allows life care institutions to provide
26	26		community-based continuing care services to seniors in their homes and
27	27		other services that benefit individuals who are awaiting admission to a
28	28		SENATE
29		-	3rd Reading Unamended
30		-	April 14, 2025
31		-	SENATE
32	29		Amended 2nd Reading
33	30		April 11, 2025
34	31		HOUSE
35	32		3rd Reading Unamended
36	33		March 4, 2025
37	34		HOUSE
38	35		2nd Reading Unamended
39	36		February 28, 2025
40	37		HOUSE SPONSORSHIP
41	38		Paschal and Hartsook, Bacon, Bird, Boesenecker, Camacho, Clifford, Duran, English,
42	39		Feret, Hamrick, Jackson, Joseph, Lindsay, Lukens, Marshall, McCluskie, McCormick,
43	40		Phillips, Stewart K., Valdez
44	41		SENATE SPONSORSHIP
45		-	Roberts and Carson, Coleman, Frizell, Jodeh, Kipp, Michaelson Jenet, Mullica, Winter
46		-	F.
	42	+	Roberts and Carson,
47	43		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48	44		Capital letters or bold & italic numbers indicate new material to be added to existing law.
49	45		Dashes through the words or numbers indicate deletions from existing law. life care institution.
50	46		Be it enacted by the General Assembly of the State of Colorado:1
51	47		SECTION 1. In Colorado Revised Statutes, amend 11-49-101 as2
52	48		follows:3
53	49		11-49-101. Definitions. As used in this article 49, unless the4
54	50		context otherwise requires:5
55	51		(1) "Aged person" means any person sixty-two years of age or6
56	52		older.7
57	53		(2) "Board" means the financial services board created in section8
58	54		11-44-101.6.9
59	55		(3) "Commissioner" means the state commissioner of financial10
60	56		services, serving in accordance with section 11-44-102.11
61	57		(4) "C
62	58		OMMUNITY-BASED CONTINUING CARE" OR "CBCC" MEANS12
63	59		A PROGRAM PROVIDING OR COMMITTING TO PROVIDE A RANGE OF13
64	60		SERVICES TO A PARTICIPANT PURSUANT TO A CONTRACT EFFECTIVE FOR14
65	61		THE LIFE OF THE INDIVIDUAL AND IN CONSIDERATION OF THE PAYMENT OF15
66	62		A ONE-TIME ENTRANCE FEE OR A MONTHLY FEE . "COMMUNITY-BASED16
67	63		CONTINUING CARE" OR "CBCC" ALSO MEANS THE PROVISION OF SERVICES17
68	64		TO AN INDIVIDUAL IN THE INDIVIDUAL 'S PRIVATE RESIDENCE, WHEN18
69	65		MEDICALLY FEASIBLE, AND PROVIDING FACILITY-BASED LONG-TERM CARE19
70	66		SERVICES, WHEN REQUIRED, EITHER DIRECTLY OR INDIRECTLY THROUGH20
71	67		AFFILIATED SERVICES OR CONTRACTUAL ARRANGEMENTS .21
72	68		(5) "C
73	69		OMMUNITY-BASED CONTINUING CARE ENTRANCE FEE " OR22
74	70		"CBCC
75	71		ENTRANCE FEE" MEANS AN INITIAL OR DEFERRED TRANSFER TO A23
76	72		CBCC
77	73		PROVIDER OF A SUM OF MONEY OR OTHER PROPERTY MADE OR24
78	74		PROMISED TO BE MADE IN ADVANCE OR AT SOME FUTURE TIME AS FULL OR25
79	75		1184-2- PARTIAL CONSIDERATION FOR ACCEPTANCE OF AN INDIVIDUAL AS A1
80	76		PARTICIPANT.2
81	77		(6) "C
82	78		OMMUNITY-BASED CONTINUING CARE PROVIDER" OR "CBCC3
83	79		PROVIDER" MEANS A PROVIDER WHO PROVIDES OR OFFERS TO PROVIDE4
84	80		COMMUNITY-BASED CONTINUING CARE TO A PARTICIPANT AND HAS5
85	81		OPERATED A LIFE CARE INSTITUTION PURSUANT TO THIS ARTICLE 49 FOR6
86	82		AT LEAST THREE YEARS.7
87	83		(4)
88	84		(7) "Entrance fee" means the total of any initial or deferred8
89	85		transfer to or for the benefit of a provider
90	86		MADE PURSUANT TO A LIFE9
91	87		CARE CONTRACT, which transfer:10
92	88		(a) Is made or promised to be made as full or partial consideration11
93	89		for the acceptance or maintenance of a specified individual as a resident12
94	90		in a facility; and13
95	91		(b) Is in the form of:14
96	92		(I) Property; or15
97	93		(II) A sum of money in an amount that is greater than four times16
98	94		the amount of a regular periodic charge under a life care contract at the17
99	95		facility.18
100	96		(5)
101	97		(8) "Facility" means the place WITH LIVING UNITS in which a19
102	98		provider undertakes to provide life care to a resident.20
103	99		(6) (9) "Life care" means care provided, MADE AVAILABLE TO A21
104	100		RESIDENT OF A LIVING UNIT BY A PROVIDER pursuant to a life care22
105	101		contract, for the life of an aged person, including, but not limited to,23
106	102		services such as occupancy of a living unit, health care, nutrition24
107	103		assistance, medical services, and nursing services within a living unit25
108	104		BOARD, LODGING, NURSING SERVICES, OR OTHER SERVICES REQUIRED BY26
109	105		A LIFE CARE CONTRACT.27
110	106		1184
111	107		-3- (7) (10) "Life care contract" means a written contract to provide1
112	108		life care to a person for the duration of the person's life conditioned upon2
113	109		the transfer of an entrance fee to the provider of the services in addition3
114	110		to or in lieu of the payment of regular periodic charges for the
115	111		LIFE care4
116	112		and services involved. A life care contract under which the entrance fee5
117	113		is payable to or for the provider in four or more installments is subject to6
118	114		the provisions of the "Uniform Consumer Credit Code", articles 1 to 9 of7
119	115		title 5.8
120	116		(8)
121	117		(11) "Living unit" means a room, apartment, or other area that9
122	118		is within a facility and set aside for the use of one or more identified10
123	119		residents and within which life care is provided MADE AVAILABLE by the11
124	120		provider. A resident's living unit may change based on the appropriate12
125	121		care needs of the resident.13
126	122		(12) "P
127	123		ARTICIPANT" MEANS AN INDIVIDUAL WHO HAS ENTERED14
128	124		INTO A COMMUNITY-BASED CONTINUING CARE CONTRACT .15
129	125		(9)
130	126		(13) "Person" means all corporations, associations,16
131	127		partnerships, or individuals, including fraternal or benevolent orders or17
132	128		societies.18
133	129		(14) "P
134	130		RIVATE RESIDENCE" MEANS THE PLACE WHERE A CBCC19
135	131		PROVIDER PROVIDES CBCC TO A PARTICIPANT AND DOES NOT INCLUDE A20
136	132		LIVING UNIT OR A FACILITY.21
137	133		(10)
138	134		(15) (a) "Provider" means a person who undertakes to22
139	135		provide services in a facility pursuant to a life care contract.23
140	136		(b) "Provider" does not include a unit owners' association, as24
141	137		defined in section 38-33.3-103 (3).25
142	138		(16) "R
143	139		ANGE OF SERVICES" MEANS SERVICES THAT ENABLE A26
144	140		PARTICIPANT TO LIVE SAFELY IN THE PARTICIPANT'S PRIVATE RESIDENCE.27
145	141		1184
146	142		-4- (11) (17) "Resident" means any person entitled pursuant to a life1
147	143		care contract to receive life care in a facility.2
148	144		(12) (18) "Third-party service providers" means any person, other3
149	145		than a provider, who is the holder of a management contract with a4
150	146		provider or who contracts with a provider to provide life care services to5
151	147		residents.6
152	148		SECTION 2. In Colorado Revised Statutes, 11-49-103, amend7
153	149		(2) as follows:8
154	150		11-49-103. Withdrawal or dismissal of person - refund. (2) If9
155	151		the provider is an organization described in section 501 (c)(3) of the10
156	152		federal "Internal Revenue Code of 1986", as amended, and exempt from11
157	153		income taxation under section 501 (a) of the federal "Internal Revenue12
158	154		Code of 1986", as amended, it shall be OR HAS A POLICY NOT TO13
159	155		TERMINATE A RESIDENT'S LIFE CARE CONTRACT DUE TO THE INABILITY TO14
160	156		PAY IF THE RESIDENT IS OTHERWISE COMPLIANT WITH THE LIFE CARE15
161	157		CONTRACT, THE PROVIDER IS entitled to make a refund according to a16
162	158		schedule provided in its agreement with the resident so long as the17
163	159		schedule provides for amortization of the amount paid by the resident18
164	160		over a period of not less than sixty months or over the life expectancy of19
165	161		the resident if the expectancy is less than sixty months. In such case, the20
166	162		refund may be delayed for a reasonable period thereafter until the21
167	163		securing by the provider of a substitute fee from another resident or22
168	164		prospective resident. The provider may also deduct from any such refund23
169	165		amounts due it from the resident for damage done or for any other24
170	166		legitimate offsetting item.25
171	167		SECTION 3. In Colorado Revised Statutes, 11-49-105, add (4)26
172	168		as follows:27
173	169		1184
174	170		-5- 11-49-105. Reserve requirements. (4) A CBCC PROVIDER SHALL1
175	171		MAINTAIN SEPARATE RESERVES TIED TO AN ACTUARIAL ASSESSMENT , IN2
176	172		THE FORM AND MANNER REQUIRED BY THE COMMISSIONER , IN ORDER FOR3
177	173		THE PROVIDER TO FULLY PERFORM ITS OBLIGATIONS UNDER ITS4
178	174		COMMUNITY-BASED CONTINUING CARE CONTRACTS .5
179	175		SECTION 4. In Colorado Revised Statutes, 11-49-106, amend6
180	176		(1), (2), and (3) as follows:7
181	177		11-49-106. Annual report by providers - fee. (1) Each A8
182	178		provider
183	179		AND CBCC PROVIDER shall file an
184	180		annual report REPORTS with9
185	181		the commissioner within ninety days after the end of its THEIR fiscal year10
186	182		that contains CONTAIN the certified financial statements for each facility11
187	183		OR PROGRAM and such other information as may be required by the12
188	184		commissioner. The annual report shall REPORTS MUST be made in a form13
189	185		prescribed by the commissioner.14
190	186		(2) A provider
191	187		AND CBCC PROVIDER shall amend its
192	188		THEIR annual15
193	189		report REPORTS on file with the commissioner if an amendment is16
194	190		necessary to prevent the report REPORTS from containing a material17
195	191		misstatement of fact or omission of a material fact.18
196	192		(3) A provider
197	193		AND CBCC PROVIDER shall make its
198	194		THEIR annual19
199	195		report REPORTS available to residents OR PARTICIPANTS upon request.20
200	196		SECTION 5. In Colorado Revised Statutes, amend 11-49-107 as21
201	197		follows:22
202	198		11-49-107. Examination - fees. The commissioner may conduct23
203	199		an examination of the affairs of any A provider OR CBCC PROVIDER as24
204	200		often as the commissioner deems it necessary for the protection of the25
205	201		interests of the people of this state. Providers
206	202		AND CBCC PROVIDERS shall26
207	203		maintain copies of their books and records in Colorado to provide access27
208	204		1184
209	205		-6- for the purposes of this article 49. The commissioner shall assess each1
210	206		provider at least semiannually, to cover the annual direct and indirect2
211	207		costs of examinations, supervision, and administration conducted3
212	208		pursuant to the provisions of this section. The assessments shall MUST be4
213	209		calculated in terms of cents per thousand dollars of total escrowed5
214	210		entrance fees and reserves maintained. The assessment calculation, or6
215	211		ratio of the assessment charged to total escrowed entrance fees and7
216	212		reserves maintained, shall MUST be alike in all cases. On or before the8
217	213		dates specified by the commissioner, each association PROVIDER AND9
218	214		CBCC
219	215		PROVIDER shall pay its assessment. If deemed necessary, the10
220	216		commissioner may estimate a per diem rate to be charged for11
221	217		examinations and charge a provider
222	218		OR CBCC PROVIDER for the actual12
223	219		cost of any examination documented by the commissioner.13
224	220		SECTION 6. In Colorado Revised Statutes, amend 11-49-109 as14
225	221		follows:15
226	222		11-49-109. Violation. Any
227	223		A person acting in the capacity of a16
228	224		provider
229	225		OR CBCC PROVIDER who enters into a life care contract OR17
230	226		CBCC
231	227		CONTRACT, or extends the term of an existing life care contract OR18
232	228		CBCC
233	229		CONTRACT, without acting in compliance with the provisions of
234	230		19
235	231		this article 49 commits a class 2 misdemeanor.20
236	232		SECTION 7. In Colorado Revised Statutes, amend 11-49-110 as21
237	233		follows:22
238	234		11-49-110. Article does not apply to facilities licensed by23
239	235		department of public health and environment. The provisions of this24
240	236		article 49 shall not apply to any hospital or other facility that the25
241	237		department of public health and environment is authorized to license26
242	238		pursuant to part 1 of article 1.5 and part 1 of article 3 of title 25; except27
243	239		1184
244	240		-7- that nursing care facilities, and assisted living residences, AND HOME1
245	241		HEALTH AGENCIES that are part of the facility of a provider as defined in2
246	242		section 11-49-101 shall be ARE subject to the provisions of this article 49.3
247	243		SECTION 8. In Colorado Revised Statutes, 11-49-111, add (2),4
248	244		(3), and (4) as follows:5
249	245		11-49-111. Life care contract and CBCC contract - content.6
250	246		(2) A
251	247		COMMUNITY-BASED CONTINUED CARE CONTRACT MUST BE WRITTEN7
252	248		IN A CLEAR AND COHERENT MANNER USING WORDS WITH COMMON AND8
253	249		EVERYDAY MEANINGS AND MUST :9
254	250		(a) S
255	251		HOW THE VALUE OF ALL PROPERTY TRANSFERRED , INCLUDING10
256	252		DONATIONS, SUBSCRIPTIONS, FEES, AND ANY OTHER AMOUNTS PAID OR11
257	253		PAYABLE BY, OR ON BEHALF OF, THE PARTICIPANT;12
258	254		(b) S
259	255		HOW ALL SERVICES THAT ARE PROVIDED BY THE CBCC13
260	256		PROVIDER TO THE PROSPECTIVE PARTICIPANT , INCLUDING, IN DETAIL, ALL14
261	257		ITEMS THAT THE PARTICIPANT WILL RECEIVE, WHETHER THE ITEMS WILL BE15
262	258		PROVIDED FOR A DESIGNATED TIME PERIOD OR FOR THE LIFE OF THE16
263	259		PARTICIPANT, AND THE MONTHLY CHARGE FOR THE SERVICE ;17
264	260		(c) B
265	261		E ACCOMPANIED BY A FINANCIAL STATEMENT SHOWING IN18
266	262		REASONABLE DETAIL THE FINANCIAL C ONDITION OF THE CBCC PROVIDER,19
267	263		INCLUDING A STATEMENT OF EARNINGS FOR THE PREVIOUS THIRTY -SIX20
268	264		MONTHS, THAT MUST BE FURNISHED TO THE PROSPECTIVE PARTICIPANT ;21
269	265		(d) D
270	266		ESCRIBE THE PHYSICAL HEALTH , MENTAL HEALTH, AND22
271	267		FINANCIAL CONDITIONS OF THE PARTICIPANT UNDER WHICH THE CBCC23
272	268		PROVIDER MAY REQUIRE THE PARTICIPANT TO END THEIR PARTICIPATION24
273	269		IN THE PROGRAM;25
274	270		(e) D
275	271		ESCRIBE THE CIRCUMSTANCES UNDER WHICH A PARTICIPANT26
276	272		MAY REMAIN IN THE PROGRAM IN THE EVENT THAT A PARTICIPANT IS27
277	273		1184
278	274		-8- UNABLE TO PRODUCE A REQUIRED PAYMENT ;1
279	275		(f) (I) P
280	276		ROVIDE THAT THE CBCC PROVIDER SHALL NOT CANCEL A2
281	277		COMMUNITY-BASED CONTINUING CARE CONTRACT WITH THE PARTICIPANT3
282	278		WITHOUT SHOWING GOOD CAUSE . GOOD CAUSE IS LIMITED TO THE4
283	279		FOLLOWING:5
284	280		(A) P
285	281		ROOF THAT THE PARTICIPANT IS A DANGER TO THEMSELF OR6
286	282		OTHERS;7
287	283		(B) P
288	284		ERSISTENT NONPAYMENT BY THE PARTICIPANT OF A8
289	285		MONTHLY OR PERIODIC FEE;9
290	286		(C) R
291	287		EPEATED CONDUCT BY THE PARTICIPANT THAT INTERFERES10
292	288		WITH OTHER PARTICIPANTS' QUIET ENJOYMENT OF A FACILITY OR SERVICE;11
293	289		(D) P
294	290		ERSISTENT REFUSAL TO COMPLY WITH WRITTEN RULES AND12
295	291		REGULATIONS OF THE PROGRAM ;13
296	292		(E) A
297	293		MATERIAL MISREPRESENTATION MADE INTENTIONALLY OR14
298	294		RECKLESSLY BY THE PARTICIPANT IN THEIR APPLICATION FOR15
299	295		PARTICIPATION IN THE PROGRAM, OR RELATED MATERIALS, REGARDING16
300	296		INFORMATION THAT, IF ACCURATELY PROVIDED, WOULD RESULT IN EITHER17
301	297		THE PARTICIPANT NOT QUALIFYING FOR PARTICIPATION OR A MATERIAL18
302	298		INCREASE IN THE COST OF PROVIDING THE CARE AND SERVICES PROVIDED19
303	299		UNDER THE CBCC CONTRACT TO THE PARTICIPANT; OR20
304	300		(F) A
305	301		MATERIAL BREACH BY THE PARTICIPANT OF THE TERMS AND21
306	302		CONDITIONS OF THE COMMUNITY -BASED CONTINUING CARE CONTRACT .22
307	303		(II) I
308	304		F A CBCC PROVIDER INTENDS TO CANCEL A CBCC CONTRACT23
309	305		AND TERMINATE A PARTICIPANT 'S PARTICIPATION, THE PROVIDER MUST24
310	306		GIVE THE PARTICIPANT WRITTEN NOTICE OF , AND A REASONABLE25
311	307		OPPORTUNITY TO CURE WITHIN A REASONABLE PERIOD , THE CONDUCT26
312	308		THAT WARRANTS THE CANCELLATION OF THE CBCC CONTRACT. THE27
313	309		1184
314	310		-9- NOTICE MUST SPECIFY WHICH OF THE CIRCUMSTANCES DESCRIBED IN1
315	311		SUBSECTION (2)(f)(I) OF THIS SECTION OCCURRED THAT WARRANTS2
316	312		TERMINATION OF THE CBCC CONTRACT.3
317	313		(g) P
318	314		ROVIDE IN CLEAR AND UNDERSTANDABLE LANGUAGE , IN4
319	315		PRINT NO LARGER THAN THE LARGEST TYPE USED IN THE BODY OF THE5
320	316		CBCC
321	317		CONTRACT, THE TERMS GOVERNING A REFUND OF A PORTION OF THE6
322	318		CBCC
323	319		ENTRANCE FEE AND THE MANNER IN WHICH THE CBCC PROVIDER7
324	320		MAY USE THE FUNDS FROM THE CBCC ENTRANCE FEE IF NOT REFUNDED;8
325	321		(h) S
326	322		TATE THE TERMS THAT A CBCC CONTRACT IS CANCELLED BY9
327	323		THE DEATH OF THE PARTICIPANT. THE CBCC CONTRACT MAY CONTAIN A10
328	324		PROVISION TO THE EFFECT THAT, UPON THE DEATH OF THE PARTICIPANT,11
329	325		THE MONEY PAID FOR THE COMMUNITY -BASED CONTINUING CARE OF THE12
330	326		PARTICIPANT IS CONSIDERED EARNED AND IS PROPERTY OF THE CBCC13
331	327		PROVIDER.14
332	328		(i) P
333	329		ROVIDE A PARTICIPANT WITH AT LEAST A THIRTY-DAY NOTICE15
334	330		PRIOR TO A CHANGE IN FEES , CHARGES, OR THE SCOPE OF CARE OR16
335	331		SERVICES, EXCEPT FOR CHANGES REQUIRED BY STATE OR FEDERAL LAW .17
336	332		(3) A
337	333		PARTICIPANT HAS THE RIGHT TO RESCIND A CBCC18
338	334		CONTRACT AND RECEIVE A FULL REFUND OF THE CBCC ENTRANCE FEE19
339	335		WITHIN SEVEN DAYS AFTER MAKING AN INITIAL DEPOSIT OR EXECUTING20
340	336		THE CBCC CONTRACT. A PARTICIPANT IS NOT REQUIRED TO BEGIN THE21
341	337		PROVISION OF CARE OR SERVICES OUTLINED IN THE PARTICIPANT 'S CBCC22
342	338		CONTRACT BEFORE THE EXPIRATION OF THE SEVEN -DAY PERIOD.23
343	339		(4) I
344	340		F A PARTICIPANT DIES BEFORE THE PROGRAM BEGINS , OR IS24
345	341		PRECLUDED FROM PARTICIPATING IN THE PROGRAM DUE TO ILLNESS ,25
346	342		INJURY, OR INCAPACITY, THE CONTRACT AUTOMATICALLY RESCINDS AND26
347	343		THE PARTICIPANT OR THE PARTICIPANT 'S LEGAL REPRESENTATIVE MUST27
348	344		1184
349	345		-10- RECEIVE A FULL REFUND OF ALL MONEY PAID TO THE CBCC PROVIDER,1
350	346		EXCEPT COSTS SPECIFICALLY INCURRED BY THE CBCC PROVIDER AT THE2
351	347		REQUEST OF THE PARTICIPANT AND SET FORTH IN WRITING IN A SEPARATE3
352	348		ADDENDUM SIGNED BY BOTH PARTIES TO THE CONTRACT .4
353	349		SECTION 9. In Colorado Revised Statutes, 11-49-112, amend5
354	350		(1) introductory portion and (1)(f); and repeal (1)(e) as follows:6
355	351		11-49-112. Register. (1) Every provider
356	352		AND CBCC PROVIDER7
357	353		shall maintain a register setting forth the following facts concerning each8
358	354		person
359	355		OR PARTICIPANT residing in the
360	356		A life care institution OR9
361	357		RECEIVING CBCC:10
362	358		(e) Mother's maiden name;11
363	359		(f) The person responsible for each resident's care and12
364	360		maintenance;
365	361		AND13
366	362		SECTION 10.
367	363		In Colorado Revised Statutes, amend 11-49-11314
368	364		as follows:15
369	365		11-49-113. Advertisements and solicitations of life care16
370	366		contracts and CBCC contracts - requirements. Any report, circular,17
371	367		public announcement, certificate, or financial statement, or any other18
372	368		printed matter or advertising material that is designed for or used to solicit19
373	369		or induce persons to enter into any life care contract
374	370		OR CBCC20
375	371		CONTRACT, and that lists or refers to the name of any individual or21
376	372		organization as being interested in or connected with the person,22
377	373		association, or corporation to perform the contract, shall
378	374		MUST clearly23
379	375		state the extent of financial responsibility assumed by that individual or24
380	376		organization for the person, association, or corporation and the fulfillment25
381	377		of its contracts.26
382	378		SECTION 11. In Colorado Revised Statutes, 30-28-115, amend27
383	379		1184
384	380		-11- (2)(b)(II) as follows:1
385	381		30-28-115. Public welfare to be promoted - legislative2
386	382		declaration - construction. (2) (b) (II) The general assembly declares3
387	383		that the establishment of group homes for the aged for the exclusive use4
388	384		of not more than eight persons sixty years of age or older per home is a5
389	385		matter of statewide concern. The general assembly further finds and6
390	386		declares that it is the policy of this state to enable and assist persons sixty7
391	387		years of age or older who do not need nursing facilities and who so elect8
392	388		to live in normal residential surroundings, including single-family9
393	389		residential units. Group homes for the aged shall MUST be distinguished10
394	390		from nursing facilities, as defined in section 25.5-4-103 (14) SECTION11
395	391		25.5-4-103, and institutions providing life care, as defined in section12
396	392		11-49-101 (6) SECTION 11-49-101. Every county having adopted or that13
397	393		shall adopt THAT ADOPTS a zoning ordinance shall provide for the location14
398	394		of group homes for the aged. A group home for the aged established15
399	395		under this subsection (2)(b)(II) shall MUST not be located within seven16
400	396		hundred fifty feet of another such group home, unless otherwise provided17
401	397		for by the county.18
402	398		SECTION 12. In Colorado Revised Statutes, 31-23-303, amend19
403	399		(2)(b)(II) as follows:20
404	400		31-23-303. Legislative declaration. (2) (b) (II) The general21
405	401		assembly declares that the establishment of group homes for the aged for22
406	402		the exclusive use of not more than eight persons sixty years of age or23
407	403		older per home is a matter of statewide concern. The general assembly24
408	404		further finds and declares that it is the policy of this state to enable and25
409	405		assist persons sixty years of age or older who do not need nursing26
410	406		facilities, and who so elect, to live in normal residential surroundings,27
411	407		1184
412	408		-12- including single-family residential units. Group homes for the aged shall1
413	409		MUST be distinguished from nursing facilities, as defined in section2
414	410		25.5-4-103 (14) SECTION 25.5-4-103, and institutions providing life care,3
415	411		as defined in section 11-49-101 (6) SECTION 11-49-101. Every4
416	412		municipality having adopted or that shall adopt THAT ADOPTS a zoning5
417	413		ordinance shall provide for the location of group homes for the aged. A6
418	414		group home for the aged established under this subsection (2)(b) shall7
419	415		MUST not be located within seven hundred fifty feet of another such group8
420	416		home, unless otherwise provided for by the municipality. Nothing in this9
421	417		subsection (2)(b) shall be construed to exempt the group homes from10
422	418		compliance with any state, county, or municipal health, safety, and fire11
423	419		codes. On April 29, 1976, every person sixty years of age or older who12
424	420		resides in a skilled or intermediate health-care facility and who may be13
425	421		transferred or discharged therefrom to a group home for the aged shall not14
426	422		be so discharged or transferred unless he or she has received ninety days'15
427	423		advance written notice thereof or has agreed in writing to the proposed16
428	424		transfer or discharge.17
429	425		SECTION 13. Act subject to petition - effective date. This act18
430	426		takes effect at 12:01 a.m. on the day following the expiration of the19
431	427		ninety-day period after final adjournment of the general assembly; except20
432	428		that, if a referendum petition is filed pursuant to section 1 (3) of article V21
433	429		of the state constitution against this act or an item, section, or part of this22
434	430		act within such period, then the act, item, section, or part will not take23
435	431		effect unless approved by the people at the general election to be held in24
436	432		November 2026 and, in such case, will take effect on the date of the25
437	433		official declaration of the vote thereon by the governor.26
438	434		1184
439	435		-13-