Position: Support

Summary: Creates a new license, referred to as a freestanding emergency department license that CDPHE would be in charge of issuing on/after July 2021. It would apply to a health facility that offers emergency care, and may offer primary and urgent care services. To fall under the license option, the facility must be located 250 yards from a the hospital system it is a part of OR if it’s independent of a hospital system must be at least 250 yards away.

The State Board of Health will adopt rules of licensure, requirements, fees, safety and care standards, and staffing reqs. One of the rules adopted will include a requirement that all patients presenting for emergency services must receive a medical screening, and it won’t be delayed due to the patient’s ability to pay or insurance status. After 2020, the board has the ability to amend the rules as needed.

Entities are limited to the amount of facility fees the facility can charge patients. They cannot charge a facility fee that exceeds reasonable costs related to the operating expense of the FED. They cannot charge a facility fee if the patient was transferred by ambulance because the FED was unable to stabilize. A FED will be required annually to submit a report detailing the facility fees charged in relation to the overhead costs of the facility. Based off those reports CDPHE has the ability to fine or take action against those who obtain the license and violate the limits of the bill.

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