Remodeling and Renovations

Remodeling and renovations are essential for all businesses, but they can present particular challenges for assisted living facilities. When another licensed facility is available to temporarily accommodate residents, specific steps must be taken to avoid a determination by the Colorado Department of Public Health and Environment (CDPHE) that the assisted living residence has "ceased operations."

How to Avoid a Notice of Invalid License - Remodeling

According to 6 CCR 1011-1, Chapter 2, §2.14.2 Temporary Closures:

"A) If a licensee wants to maintain its current license during a temporary suspension of operation, the licensee shall submit a letter of intent to the Department for the Department’s approval at least thirty (30) days prior to the suspension of operation. A licensee may be allowed to maintain a current license during a suspension of operation if all of the following are met:

1. The suspension of operation will be ninety (90) days or less,

2. The licensee will not be discharging its clients, and

3. The licensee plans to reopen at the same location with the same services."

Potential Complications: Contractor Delays

Contractor speed and performance can be highly variable, often extending a planned “30-day” remodeling job into a 12-month ordeal. Failure to provide the required notice can lead to complications when the Department conducts an unannounced survey, finds the facility empty, and discovers that it has been “closed” for months without notification.

In such cases, the Department issues a Notice of Invalid License, potentially leading to a permanent license revocation. While recovery from this situation is possible, it heavily depends on the Department’s discretion and their general inclination to keep facilities operational and providing care.

Steps to Avoid This Situation

Provide the Notice of Temporary Closure

1. Timely Notification: When remodeling is planned, submit the notice to the Department as soon as possible via the COHFI online portal. Additionally, send the same notice by letter and email to ensure all bases are covered.

2. Regular Updates: Establish calendar notifications to ensure updates are provided to the Department every 30 days. Renovations can often take longer than expected, and maintaining communication with the Department can prevent misunderstandings.

Experience with the Department indicates a preference for having well-functioning assisted living residences open and operational. However, the Department's tools for addressing the typical problems of facility owners, such as remodeling and related contractor delays, are limited. Primarily - penalties, license revocations, and restrictions. Providers can avoid these punitive measures by promptly providing notice and maintaining communication with the Department.

Disclaimer

The information provided in this article is for educational purposes only and does not constitute specific legal advice. For questions or concerns regarding specific situations, contact us or another attorney for professional advice.

If you have a topic you would like to hear more about from us, write to us at info@pinkowskilaw.com.