Attorney General Weiser, CDPHE issue demand to Center for COVID Control to stop COVID-19 testing operations in Colorado for violating state consumer protection and public health laws
Jan. 15, 2022 (DENVER)—Colorado Attorney General Phil Weiser, in cooperation with the Colorado Department of Public Health & Environment, ordered the Center for COVID Control to stop all testing operations in the state for failing to be properly certified by the federal government to perform COVID-19 testing and for failing to report COVID-19 testing results and cases to CDPHE as required by state law. Testing locations operated by Macagain Corp. were also ordered to halt operations due to failure to comply with reporting requirements.
The following locations have been issued a cease and desist order:
Locations operated by Center for COVID Control:
- 6460 E Yale Ave Denver 80222
- 4775 S Broadway Englewood 80113
- 1750 Blake St. Denver 80202
Locations operated by Macagain Corp:
- 1546 28th St, Boulder 80303
- 3250 W 72nd St, Westminster 80030
- 155 Cook St, Denver 80206
- 620 Miller Ct, Lakewood 80215
- 1700 S College Ave. Fort Collins 80525
- 6830 S Yosemite Ct, Centennial 80112
- 3629 Betty Dr. Colorado Springs 80917
- 2910 Wood Ave, Colorado Springs 80907
“A well-documented investigation by CDPHE concluded that the Center for COVID Control has failed to obtain all necessary licensing required to perform COVID-19 testing in Colorado. Our consumer protection section also has received a significant number of complaints about safety conditions at their testing sites, including concerns about the appropriate use of personal protective equipment. By violating these licensing requirements and ignoring health and safety protocols, the Center for COVID Control is putting Coloradans at risk and we’re taking action to protect public health,” Weiser said.
According to the investigation by CDPHE, investigators found evidence that the company’s testing sites in the state are not lawfully certified under the federal Clinical Laboratory Improvement Amendments program. A CLIA certification is required by the Centers for Medicare & Medicaid Services for all non-research, non-forensic laboratory testing performed on humans in the U.S.
Weiser states in a cease-and-desist letter issued to the company that it is in violation of the Colorado Consumer Protection Act for misrepresenting the certification and approval of each of their testing sites in the state. Knowingly failing to protect the health and safety of consumers may also violate the CCPA’s prohibition of unfair or unconscionable acts and practices, a new provision in the law added in 2019 when Weiser worked with the state legislature to strengthen the state’s consumer protection laws.
In a second cease-and-desist letter sent on behalf of CDPHE, Weiser says that the company is violating state public health orders that require entities performing COVID-19 testing in the state to report all test results, test result information, and cases of disease to CDPHE through the agency’s electronic laboratory reporting platform or through other CDPHE-approved methods. It is unlawful to violate, disobey, or disregard public health laws or lawful public health orders or regulations.
“The public needs to be able to have confidence and trust in testing sites. We’re thankful for the swift help of the Department of Law in halting these testing operations, protecting consumers, and ensuring public health orders are followed. We want Coloradans to know there are over 150 state run community testing sites available and encourage them to keep getting tested to help slow the spread of COVID-19,” said Scott Bookman, Incident Commander, COVID-19 Response.
Weiser ordered the Center for COVID Control to stop operating each of its testing locations until it can demonstrate that the sites have all necessary certifications and are following the legal requirements to operate testing sites in Colorado.
The attorney general’s office may take further legal action if the company fails to comply with the cease-and-desist orders, the letters warn.