Reporting Required by Supplemental Healthcare Staffing Agencies

Division of Labor Standards and Statistics
707 17th Street, Denver, CO 80202 | 303-318-8441
www.ColoradoLaborLaw.gov | www.LeyesLaboralesDeColorado.gov

Interpretive Notice & Formal Opinion ("INFO") #21:
Reporting Required by Supplemental Healthcare Staffing Agencies

Overview

Any supplemental healthcare staffing agency ("SHSA") doing business in Colorado must report certain data to the Division of Labor Standards and Statistics ("Division") twice a year under Colorado Revised Statute (C.R.S.) § 8-4-125, enacted into law by Senate Bill 22-210 on June 3, 2022.

The Basic Requirements: Staffing Agencies Reporting Their Wages, Charges, and Other Information

SHSAs must report twice a year — October-March data by April 30, April-September data by October 31.

1. Identification information:
2. agency's direct or indirect owners;
3. individual submitting the report to the Division; and
4. if the agency is owned by a corporation, the corporate bylaws and articles of incorporation.[^1]
5. Wage and revenue information — a detailed listing by quarter, for each category of healthcare worker providing services to a healthcare facility, of:
6. average amounts charged to healthcare facilities; and
7. average amounts paid to healthcare workers.
8. Compliance information — certification by the SHSA that, throughout the reporting period, each healthcare worker contracted to a healthcare facility:
9. had a current, unrestricted license or certification in good standing;
10. met the training and continuing education standards for the position with the facility;
11. passed all background checks required by any source of law for the position or the facility; and
12. was covered by professional liability insurance maintained by the SHSA.

Definitions: Agencies that are Covered & Not Covered

• Supplemental Healthcare Staffing Agencies. Any entity that, for a fee, provides healthcare workers to healthcare facilities for temporary placements is covered — but not healthcare worker platforms or individual independent contractors providing their own services.
• Healthcare Worker Platform. Any entity that maintains a system or technology that provides a platform for healthcare workers to be listed and made available for hire to healthcare facilities seeking placement. Under a platform, healthcare facilities set the hourly rates and terms of hire, and healthcare workers can act as independent contractors, to decide whether to agree to the terms of hire and the hourly rates.
• Healthcare Workers. The SHSA must report on workers it employs for temporary placement in a healthcare facility. HCPF and CDPHE list the following worker categories for C.R.S. § 8-4-125 reporting: (1) Director of Nursing; (2) Registered Nurse; (3) Licensed Practical Nurse; (4) Speech Therapy; (5) Certified Nursing Assistant; (6) Physical Therapy; (7) Occupational Therapy; (8) Respiratory Therapy; (9) Other workers — healthcare workers not listed, administrative, janitorial, and other workers that do not perform direct care to patients (described in the report).

Periods Within the Compliance Period

The Compliance Period refers to periods of months for when an agency must submit a report and for when the Division may assess fines against an agency if the agency does not submit a report. The total Compliance Period contains: (1) Reporting Period; (2) Delinquency Grace Period; (3) Non-Compliance Period; (4) Fine Collection Period.

Notices and Orders to Pay Fines the Division May Send During the Reporting Period

The Division may send one or more of the following notices during the Compliance Period: (i) Reporting email reminder, (ii) Notice of Inquiry, (iii) Notice of Delinquent Report, (iv) Notice of Incomplete Report, (v) Notice of Non-Compliant Report, and (vi) Notice of Fine.

• An agency that has not yet reported to the Division should contact the Supplemental Healthcare Staffing Program at [email protected]. New agencies will receive an introduction letter.
• Emails and emails containing PDFs of the Division's notices are formal notices that require a response.

CO Supplemental Healthcare Staffing Mandatory Report Due Email. All SHSAs enrolled in the Division's database that have reported in previous Compliance Periods will receive an email notifying them of the upcoming Compliance Period (either Spring or Fall) and providing the date for when the Reporting Period opens, which is also when the agencies will be allowed to submit their reports.

Notice of Delinquent or Incomplete Report and Delinquency Fine

• During the Delinquency Grace Period (the month immediately after the Reporting Period), an agency that didn't submit a report will receive a Notice of Delinquent or Incomplete Report, but no fines will be assessed.
• The Division will send a Notice of Delinquent Report or Notice of Incomplete Report after the Reporting Period deadline passes, to an agency that: failed to submit a report by the reporting deadline; or submitted an incomplete or non-compliant report that needs correction.
• The Notices of Delinquent Report and Incomplete Report warn that a $500 fine will be ordered if a compliant report is not received within thirty days of the date of the Notice.
• Additional fines may be ordered if an agency doesn't fully respond to a request for clarification, additional information, or additional documentation.[^2]

Notice of Non-Compliant Report and Non-Compliance Fine

• The Notice of Non-Compliant Report is sent after the end of the Delinquency Grace Period.
• A $500 fine will be assessed unless an agency shows good cause, with evidence, for not submitting a timely, compliant report.

Notice of Fine

• After the Non-Compliance Period, the Division reviews agency reports for accuracy and completeness.
• If an agency is found to have not submitted a report or submitted an incomplete or late report without having submitted a request for a good-cause extension, the Division will send a Notice of Fine for Delinquent or Non-Compliant Report.
• This notice contains all amounts assessed during the Compliance Period that became due and payable. If an agency fails to pay an assessed fine, the Division may send the outstanding debts to collections.

Good Cause Deadline Extensions and Waivers and Submission of Supportive Evidence

The Division has discretionary authority to extend deadlines or waive/reduce fines if an agency shows good cause in support of such extensions with evidence. Good cause typically means the agency, despite reasonable efforts to meet its duties, failed those duties due to circumstances beyond its control, without alternative options. Factors for assessing good cause include:

1. whether the agency had notice of its duty to submit a report;
2. the agency's record of past compliance or non-compliance;
3. whether the failure traces (partly or fully) to persons or events outside the agency's control;
4. how promptly the agency eventually corrected its failure or requested an extension; or
5. overall, whether evidence does or doesn't show good faith and reasonable diligence by the agency.

Requesting a Deadline Extension. Agencies can request an extension to the initial deadline to submit their report for the Division's consideration. Extension requests must be submitted to the Division no later than 15 days after the close of the Reporting Period (Spring Reporting Period - May 15; Fall Reporting Period - November 15). Extensions are granted discretionarily upon request when accompanied by supportive evidence of good cause.

Consequences for Failing to Provide Your Report[^3]

• If an agency fails to submit a report by the last calendar day of the Delinquency Grace Period, the $500 delinquency fine will be assessed.
• Failure to report during the Non-Compliance Period will result in a $10,000 fine for the first incident of non-compliance. If an agency fails to submit a report more than once, it will be fined $20,000.[^4] After the end of the Non-Compliance Period, the Notice of Fine, which includes a total of all assessed fines, will be issued to an agency that did not meet reporting requirements pursuant to C.R.S. § 8-4-125.
• Non-compliance fines may be assessed without a delinquency fine if the agency submitted a report on time but did not satisfy all reporting requirements and did not respond to a request from the Division for the missing information.

Requesting Fine Waiver. If an agency reports after a fine has been assessed (after the Delinquency Grace Period has elapsed): waivers are discretionary, but all waiver requests must be accompanied by evidence. For a good cause waiver of the Delinquency Fine to be considered by the Division, an agency must submit the request in writing within 15 days after the Delinquency Grace Period deadline. If the deadline to submit a good cause fine waiver request has passed, the agency must submit the written request, with supporting documentation, with their report as an attached document or provide the request to the Healthcare Staffing Program via email.

Requesting a Fine Reduction. In lieu of providing a full waiver, the Division may discretionarily reduce any assessed fines. Fine reductions will be accompanied by terms established by the Division. Agreement to such terms must be written to be eligible for fine reduction.

Payment of Fines. If the Division assesses fines, the agency should make payment to "Colorado Division of Labor Standards and Statistics - Wage Theft Enforcement Fund"; note "Healthcare SHSA; DLSS" in the memo line; and mail payment to the Division at 707 17th Street, Denver, CO 80202.

Tips for, and Avoiding Errors in, Submitting Your Report

• If an agency is currently operational in Colorado, the agency must submit a report to the Division.
• If an agency is operational in Colorado and did not provide services during either data-collection quarter, but plans to provide services in the future, the agency may submit a report stating that no services were provided.
• If an agency provided services during the data-collection quarters but no longer provides services in Colorado, the agency must still submit a report for the time that services were provided or it may be deemed non-compliant.
• If an agency no longer provides services in Colorado and does not plan to resume operations, then the agency is no longer required to submit a report to the Division.[^5] The agency must notify the Division of this change so it can be removed from the reporting database. An agency that chooses to provide services at any point after being removed from the reporting database must notify the Division to be reinstated in the program.
• An agency may submit reports only during an active Compliance Period. An agency may not submit reports prior to the beginning of the next Reporting Period or after the Fine Collection Period begins.
• Reports may not be submitted pre-emptively because the data-collection period ends the day before all Reporting Periods begin.
• Ensure that the form is entirely completed prior to submitting. An agency can submit reports online only once during an active Reporting Period. Once a report has been submitted, an agency cannot access the report again. An agency will be prompted, and is encouraged, to review the report in its entirety prior to submission.
• If you cannot access the online reporting community: email the Division at [email protected]. If the issue cannot be resolved via email, the Division may schedule a call with the agency experiencing the technical difficulties to provide additional assistance.

Reasons the Division May Request Additional Materials or Clarifying Information Regarding Your Report

• Some or all certification checkboxes were missed in the submission of the report;
• Documents were not provided, or the information provided requires clarification; and/or
• The data provided in the report seems to be inconsistent or incorrect based on prior reports.

For Agencies with Questions Regarding Certification and Licenses

The Division serves as an intermediary of data collection for the Colorado Department of Public Health and Environment (CDPHE) and the Colorado Department of Health Care Policy Financing (HCPF). The Division does not offer certificates or licenses and is solely responsible for gathering the data required by C.R.S. § 8-4-125. If an agency requires assistance regarding certification or licensure, please contact CDPHE at [email protected] or visit their webpage, Health Facilities Licensure Certification and Registration.

For More Information or to Provide or Update Your Contact Information: SHSAs not yet contacted (or who received a letter with incomplete or incorrect contact information) should submit contact information to the Health Staffing Program. Email [email protected] or call (720) 235-8291, with questions.

Breakdown of the Compliance Period Calendar and What Happens During Each Stage[^6]

[^1]: An SHSA need not provide a copy of corporate bylaws in a periodic report if it either (a) is not directly owned by a corporation, or (b) is directly owned by a corporation that is incorporated in a state that does not require corporations to have corporate bylaws, and it does not have bylaws. However, the SHSA should indicate that it does not have any bylaws in the report.
[^2]: The Division may order fines based on the following statutes under the authority of the Industrial Relations Act (C.R.S. Title 8 Article 1): C.R.S. § 8-1-114(2) ("Any employer or employee who fails or refuses to furnish information as may be required by the division under authority of this article 1 shall pay a penalty of not less than fifty dollars for each day that the failure or refusal continues. The division shall transmit any penalty imposed and collected pursuant to this section to the state treasurer, who shall credit the money to the wage theft enforcement fund created in section 8-4-113(3)."); C.R.S. § 8-1-117(2) (similar penalty of not less than fifty dollars per day for refusing to exhibit and furnish books, records, and payrolls, or refusing to admit the director or an agent of the division to a place of employment); C.R.S. § 8-1-140(2) (penalty of not less than one hundred dollars per day for failing, refusing, or neglecting to perform any duty lawfully enjoined, or to obey any lawful order or judgment).
[^3]: In addition to these mandatory reports that C.R.S. § 8-4-125 requires, other certifications, registrations, or licenses may or may not be required of an SHSA by other laws the Division of Labor Standards and Statistics does not administer. For example, Colorado law on unemployment insurance requires certification by an "employee leasing company" (C.R.S. § 8-70-114) — but not by a "temporary help contracting firm," which is defined as a firm "employing individuals and, for compensation from a third party, providing those individuals to perform work for the third party, under the supervision of the third party," for "limited-term assignments" (C.R.S. § 8-73-105.5). C.R.S. § 8-4-125 adds no new "employee leasing" certification requirements — for example: an SHSA that functions as a "temporary help contracting firm" remains exempt from "employee leasing" certification. Violations may be referred to other state agencies requiring registration or certification.
[^4]: The Notice of Fine for non-compliance is a matter of public record once any investigation is concluded. As of this INFO, the following agencies have committed violations in two or more compliance periods and, therefore, have been assessed fines of at least $20,000 (list updated to include any additional repeat violators): Synergy Staffing Inc; Presto Staffing LLC; RMV Workforce (Reality Motivational Venture) Corp.
[^5]: C.R.S. § 8-4-125(3)(a).
[^6]: This "Breakdown of the Compliance Period Calendar and What Happens During Each Stage" table is meant to summarize key dates and details provided in the body of INFO #21. If printing, the Division notes to select "landscape" orientation in printing options for this calendar.

INFOs are not binding law, but are the officially approved Division opinions and notices on how it applies and interprets various statutes and rules. The Division continues to update and post new INFOs; email [email protected] with any suggestions. To be sure to reference up-to-date INFOs, rules, or other material, visit ColoradoLaborLaw.gov. Last updated June 11, 2026