When Do You Need an Assisted Living License in Colorado?

We have recently we have heard of some small confusion in Colorado’s assisted living community on the question of the number of residents allowed before a home or residence requires an assisted living license. The misunderstanding is small, but important. However, there is a good reason for the confusion and this article may help clear up the question.

What is an Assisted Living Residence?

An assisted living residence (ALR) is defined in Chapter 7 means:

 "A residential facility that makes available to three or more adults not related to the owner of such facility, either directly or indirectly  through a resident agreement with the resident, room and board and at least the following services: personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that shall be available on a twenty-four-hour basis, but not to the extent that regular twenty-four hour medical or nursing care is required”

6 CCR 1011-1, Chapter 7, Section 2.7(A).

If you have three or more residents receiving personal care services, you need a license. You can begin the license application process here.

There is another article here that may be more helpful.

Where Does the Confusion Arise?

While it is not 100% clear, it can be speculated that some of the confusion in the ALR community arises from other sources, such as Google or Chat GPT, than the actual regulations.

I have the link to the regulations here for any reader that wants to assure themselves of the rules.

Conclusion

In summary, a home or residence that provides room and board and personal services to more than three individuals who are unrelated to the owner or operator is considered an assisted living residence in Colorado and must obtain a license from the Department of Public Health and Environment.

This blog post is intended to provide general information and guidance on the topic of assisted living residences in Colorado and does not constitute legal advice or opinion. For questions or concerns that apply to a specific situation, you are welcome to contact us, or your own attorney.

Look for additional blog posts on topics of interest related to assisted living and group homes.

We welcome topic suggestions! Write to brian@pinkowskilaw.com if you are curious to learn more about a certain topic impacting assisted living or other group housing concerns.