Page Updated: Oct. 13, 2023
CHA Advocacy Principle: Promote rational regulations to ensure staff resources are focused on patient care.
What Has Been Completed:
Origin: House Bill (HB) 22-1401 builds on the work from the past two years to update the nursing section of the Chapter 4 regulations governing hospital and nurse staffing and address “hospital readiness” for pandemic response.
Background: On April 19, the Board of Health finalized three rules implementing HB22-1401. The requirements under HB 22-1401 had been in place up to April 19 under emergency rulemaking until the Department could undertake a formal rulemaking process. Per the finalized rules, effective June 14, hospitals are required to:
- Establish a nurse staffing committee that is required to create, implement, and evaluate a nurse staffing plan and to receive, track, and resolve complaints and receive feedback from direct-care nurses and other staff;
- Submit its nurse staffing plan to CDPHE on an annual basis;
- Evaluate its nurse staffing plan on a quarterly basis and, based on complaint and recommendations of patients and staff, revise the nurse staffing plan accordingly;
- Prepare a quarterly report containing the details of the evaluation;
- Update emergency management plans annually and as often as necessary, as circumstances warrant, and include specific provisions to maximize staffed-bed capacity and appropriate utilization of hospital beds to the extent necessary for a public health emergency;
- Assign direct care providers only to a nursing unit or clinical area of a hospital that the provider is properly trained in;
- Continue to report hospital bed capacity on a biweekly basis (Tuesdays and Fridays) in EMResource; and
- Report on communicable diseases and related events to CDPHE and local public health agencies.
Information for Critical Access Hospitals (CAHs): Facilities that have 25 inpatient beds or fewer and are federally certified, or undergoing federal certification, under 42 CFR 485.600, et seq., as critical access hospitals shall meet Chapter 4 requirements, except that the staffing qualifications, level of staffing, hours of operation, and quality management requirements shall not exceed the requirements established in the aforementioned federal regulations.
Per HB 22-1401, a hospital with fewer than 25 beds does not have to include in its emergency plan a demonstrated ability to surge to 125% after a statewide emergency (Section 25-3-128(6), et seq., C.R.S.).
Dates of Notice:
- Nurse Staffing Plan Submission Portal
- Nurse Staffing Plan Annual Report Table of Contents Requirements
- Health Facilities Complaint Process – File a Complaint
- CDPHE slides for CHA’s Regulatory Update deep dive
- Finalized Rules:
- 6 CCR 1009-5, outlining hospital bed reporting;
- 6 CCR 1011-1, Chapter 4, General Hospitals, outlining requirements for hospital nurse staffing committees, nurse staffing plans, and emergency management plans;
- 6 CCR 1011-1, Chapter 2, General Licensure Standards, establishing regulations regarding infection control and prevention practices in licensed health facilities; and
- 6 CCR 1009-1, Epidemic and Communicable Disease Control, outlining communicable diseases and related events reporting.
- CDPHE Link to Receive HB 22-1401 Information
- CHA HB 22-1401 Issue Brief
- CHA Staffed-Bed Hardship Waiver
- CHA Chapter 4 Webpage
- CHA Chapter 4 Webinar Recording
CHA Staff Contact: Adeline Ewing, CHA policy analyst, [email protected]