HB 21-1123 Summary

• Requires Colorado courts to request CAPS (Colorado Adult Protective Services) checks beginning January 1, 2022, before appointing conservators or guardians for at-risk adults to determine if candidates have been substantiated for mistreatment.

• Expands access to professional license numbers and investigation records during mistreatment investigations, allowing county departments to obtain information about substantiated employees with healthcare provider or healthcare occupation licenses.

• Mandates notification to health oversight agencies in the Department of Regulatory Agencies within 10 days of substantiated mistreatment findings by regulated professionals, with information including license number, finding date, mistreatment type and severity, and victim name.

• Establishes an appeal process at the state level for persons substantiated in mistreatment cases, with rules addressing legal standards, burden of proof, confidentiality, and information sharing with regulators and courts.

• Permits disclosure of mistreatment reports to health oversight agencies and regulators for regulatory investigations without requiring court orders, and allows courts discretion in weighing CAPS check results when making guardianship or conservatorship appointments.