Second Regular Session Seventy-third General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 22-0366.01 Shelby Ross x4510 HOUSE BILL 22-1221 House Committees Senate Committees Public & Behavioral Health & Human Services Appropriations Appropriations A BILL FOR AN ACT C ONCERNING THE CREATION OF THE COUNTY CORONER AND101 MORTUARY MENTAL HEALTH AND WELLNESS PROGRAM, AND, IN102 CONNECTION THEREWITH , MAKING AN APPROPRIATION .103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) On or before January 31, 2023, the bill requires the behavioral health administration (BHA) to administer the county coroner and mortuary mental health and wellness program (program). The program provides mental health and wellness services to county coroners, county coroner's staff, persons working for volunteer groups, funeral directors, SENATE 3rd Reading Unamended May 9, 2022 SENATE 2nd Reading Unamended May 6, 2022 HOUSE 3rd Reading Unamended May 6, 2022 HOUSE Amended 2nd Reading May 5, 2022 HOUSE SPONSORSHIP Michaelson Jenet, Bacon, Bernett, Boesenecker, Caraveo, Cutter, Esgar, Exum, Gonzales- Gutierrez, Hooton, Jodeh, Lindsay, Lontine, McCluskie, McLachlan, Ricks, Roberts, Sirota, Titone, Valdez A., Woodrow, Young SENATE SPONSORSHIP Fields, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. and mortuary science practitioners. The bill requires each funeral home that employs a funeral director or mortuary science practitioner to pay for the actual costs of providing the mental health and wellness services if a funeral director or mortuary science practitioner requests to participate in the program and the funeral director's or mortuary science practitioner's health insurance coverage does not cover the costs of providing such services. On or before April 1, 2023, the bill requires the BHA to provide information about the program to those eligible for the program. The program repeals on September 1, 2029. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 27-60-205 as2 follows:3 27-60-205. County coroner and mortuary mental health and4 wellness program - distribution of information - rules - repeal.5 (1) O N OR BEFORE JANUARY 31, 2023, THE BEHAVIORAL HEALTH6 ADMINISTRATION SHALL ADMINISTER A COUNTY CORONER AND MORTUARY7 MENTAL HEALTH AND WELLNESS PROGRAM , REFERRED TO IN THIS SECTION8 AS THE "PROGRAM". THE PROGRAM MUST PROVIDE MENTAL HEALTH AND9 WELLNESS SERVICES PRIMARILY FOCUSED ON IN -PERSON, INDIVIDUAL10 COUNSELING WITH TRAUMA SPECIALISTS WHO HAVE EXPERIENCE WORKING11 WITH COUNTY CORONERS OR OTHER PROFESSIONALS IN THE MORTUARY12 INDUSTRY.13 (2) T HE BHA MAY ENTER INTO A COMPETITIVE SOLICITATION14 PROCESS PURSUANT TO THE STATE"PROCUREMENT CODE", ARTICLES 10115 TO 112 OF TITLE 24, TO CONTRACT WITH AN ENTITY OR INDIVIDUAL16 PROVIDERS TO PROVIDE THE SERVICES DESCRIBED IN SUBSECTION (1) OF17 THIS SECTION.18 (3) (a) T HE PROGRAM MUST BE MADE AVAILABLE TO A COUNTY19 CORONER ELECTED PURSUANT TO SECTION 30-10-601; A COUNTY20 1221-2- CORONER'S STAFF MEMBER; A PERSON WORKING FOR A VOLUNTEER GROUP ,1 AS DETERMINED BY THE COUNTY CORONER ; A FUNERAL DIRECTOR, AS2 DEFINED IN SECTION 12-135-103 (15); AND A MORTUARY SCIENCE3 PRACTITIONER, AS DEFINED IN SECTION 12-135-103 (22).4 (b) I F A COUNTY CORONER, A COUNTY CORONER'S STAFF MEMBER,5 OR A PERSON WORKING FOR A VOLUN TEER GROUP DOES NOT HAVE HEALTH6 INSURANCE COVERAGE OR HAS HEALTH INSURANCE COVERAGE BUT THE7 INSURANCE COVERAGE DOES NOT COVER THE COSTS OF SERVICES8 PROVIDED PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE PROGRAM9 SHALL PAY FOR THE COST OF THE SERVICES.10 (c) I F A FUNERAL DIRECTOR OR MORTUARY SCIENCE PRACTITIONER11 REQUESTS TO PARTICIPATE IN THE PROGRAM , THE FUNERAL HOME, AS12 DEFINED IN SECTION 12-135-103 (16), THAT EMPLOYS THE FUNERAL13 DIRECTOR OR MORTUARY SCIENCE PRACTITIONER SHALL PAY THE ACTUAL14 COST OF PROVIDING THE MENTAL HEALTH AND WELLNESS SERVICES IF THE15 FUNERAL DIRECTOR'S OR MORTUARY SCIENCE PRACTITIONER 'S HEALTH16 INSURANCE COVERAGE DOES NOT COVER THE COSTS OF THE SERVICES .17 (4) O N OR BEFORE APRIL 1, 2023, THE BHA SHALL PROVIDE18 INFORMATION ABOUT THE PROGRAM TO THE INDIVIDUALS DESCRIBED IN19 SUBSECTION (3)(a) OF THIS SECTION.20 (5) T HE BHA SHALL NOT DISCLOSE ANY INFORMATION TO AN21 EMPLOYER ABOUT ANY PERSON RECEIVING SERVICES UNDER THE22 PROGRAM.23 (6) T HE BHA SHALL PROMULGATE RULES AS NECESSARY TO24 IMPLEMENT THIS SECTION.25 (7) T HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2029.26 B EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN27 1221 -3- ACCORDANCE WITH SECTION 24-34-104.1 SECTION 2. In Colorado Revised Statutes, 24-34-104, add2 (30)(a)(VII) as follows:3 24-34-104. General assembly review of regulatory agencies4 and functions for repeal, continuation, or reestablishment - legislative5 declaration - repeal. (30) (a) The following agencies, functions, or both,6 are scheduled for repeal on September 1, 2029:7 (VII) T HE COUNTY CORONER AND MORTUARY MENTAL HEALTH8 AND WELLNESS PROGRAM CREATED IN SECTION 27-60-205.9 SECTION 3. Appropriation. For the 2022-23 state fiscal year,10 $100,000 is appropriated to the department of human services for use by11 the behavioral health administration. This appropriation is from the12 general fund and is based on an assumption that the administration will13 require an additional 1.0 FTE. To implement this act, the administration14 may use this appropriation for the county coroner and mortuary mental15 health and wellness program.16 SECTION 4. Safety clause. The general assembly hereby finds,17 determines, and declares that this act is necessary for the immediate18 preservation of the public peace, health, or safety.19 1221 -4-