As used in this part 10, unless the context otherwise requires:
(1) Nursing home facility means a facility which provides skilled nursing home services or intermediate care nursing home services.
Source: L. 88: Entire part added, p. 1004, � 1, effective April 28.
25-1-1003. Grant program - requirements - use of medical assistance funds prohibited. (1) The department of public health and environment may encourage the development of a private grant program to provide start-up funds to nursing home facilities for the purpose of establishing child care centers located in such nursing home facilities.
(2) The state board of health, after consultation with the division in the department of human services involved in licensing child care centers and if the committee formed in section 25-1-1004 recommends the establishment of child care facilities in nursing homes, shall promulgate reasonable rules and regulations establishing any necessary requirements for operating a day care center in a nursing home facility. Such rules and regulations shall include, but need not be limited to, the following:
(a) Requirements for the operation of a safe and good-quality child care operation in the nursing home facility or upon the nursing home facility's grounds, which shall include:
(I) Precautions required to be taken to ensure that all staff and residents who will participate in the intergenerational programs have not been involved in incidents of sexual abuse or child abuse;
(II) Requirements relating to the ability to properly care for the children;
(III) Child care ratios of staff to children;
(IV) Requirements relating to the constant supervision of the children by staff members and not by nursing home residents;
(V) Life safety and fire regulations;
(b) Requirements on the amount and type of liability insurance necessary to insure the risks associated with the child care operation;
(c) Requirements on the ways in which the nursing home residents may be involved in the child care center and the requirement that the participation of nursing home residents in intergenerational activities with the children in the child care operation shall be on a voluntary basis;
(d) Requirements that any fees assessed to the employees of the nursing home facility whose children participate in the child care program will be based on a sliding scale;
(e) Requirements that the participation of employees of the nursing home facility in the enrollment of their children in the intergenerational day care program of the nursing home facility shall be on a voluntary basis.
(3) No medical assistance funds under the Colorado Medical Assistance Act, articles 4, 5, and 6 of title 25.5, C.R.S., shall be used to subsidize the cost of operating a day care center or day care program in a nursing home facility.
Source: L. 88: Entire part added, p. 1004, � 1, effective April 28. L. 94: (1) and IP(2) amended, pp. 2746, 2702, �� 395, 255, effective July 1. L. 2006: (3) amended, p. 2014, � 85, effective July 1.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (1) and the introductory portion to subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.
25-1-1004. Study of statutes and rules and regulations pertaining to nursing home facilities and day care centers. (1) The department of public health and environment and the department of human services, in conjunction with representatives of the nursing home industry, child care operators, and experts on child care programs in nursing home facilities, shall examine and study the existing statutes and rules and regulations concerning the licensing of child care centers and of nursing home facilities to determine what statutory or regulatory changes or both would make it easier for a nursing home facility to operate a child care center. The study shall also include an examination of the advantages and disadvantages of operating such intergenerational programs and the most appropriate and practical ways to design such intergenerational child care programs which are beneficial both to the children and to the elderly persons.
(2) The study conducted by the department of public health and environment and the department of human services shall include, but need not be limited to, consideration of the following:
(a) The establishment of new rules and regulations by the department of public health and environment and the department of human services which would allow nursing home facilities to operate a child care operation in the nursing home facilities;
(b) A coordinated licensure program to license a child care operation in a nursing home facility which would be based on rules and regulations designed specifically for the operation of a child care center in a nursing home facility.
(3) Repealed.
(4) The department of public health and environment and the department of human services shall comply with the requirements of this part 10 within the current appropriation established for each department. No request for appropriations shall be made to the general assembly for the implementation of this part 10.
Source: L. 88: Entire part added, p. 1005, � 1, effective April 28. L. 94: (1), IP(2), (2)(a), (3), and (4) amended, p. 2747, � 396, effective July 1. L. 96: (3) repealed, p. 1257, � 147, effective August 7.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (1), the introductory portion to subsection (2), and subsections (2)(a), (3), and (4), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.