Colorado 2022 2022 Regular Session

Colorado House Bill HB1221 Amended / Bill

Filed 05/09/2022

                    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-