Freestanding Emergency Departments Licensure

The bill creates a new license, referred to as a 'freestanding emergency department license', for the department of public health and environment (CDPHE) to issue on or after July 1, 2021, to a health facility that offers emergency care, that may offer primary and urgent care services, and that is either:

• Owned or operated by, or affiliated with, a hospital or hospital system and is located more than 250 yards from the main campus of the hospital; or
• Independent from and not operated by or affiliated with a hospital or hospital system and is not attached to or situated within 250 yards of, or contained within, a hospital.

The state board of health is to adopt rules regarding the new license, including rules to set licensure requirements and fees, safety and care standards, and staffing requirements.

A health facility with a freestanding emergency department license is limited in the amount of facility fees the facility can charge patients. CDPHE may fine or take action on the license of a freestanding emergency department that charges facility fees in violation of the limits established in the bill, in accordance with the rules established by the state board of health.

The bill appropriates $29,411 from the health facilities general licensure cash fund to the department of public health and environment to implement the bill.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)