Colorado 2022 Regular Session

Colorado House Bill HB1221 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0366.01 Shelby Ross x4510
1	8		HOUSE BILL 22-1221
2		-	BY REPRESENTATIVE(S) Michaelson Jenet, Bacon, Bernett,
3		-	Boesenecker, Caraveo, Cutter, Esgar, Exum, Gonzales-Gutierrez, Hooton,
4		-	Jodeh, Lindsay, Lontine, McCluskie, McLachlan, Ricks, Roberts, Sirota,
5		-	Titone, Valdez A., Woodrow, Young;
6		-	also SENATOR(S) Fields
7		-	.
	9	+	House Committees Senate Committees
	10	+	Public & Behavioral Health & Human Services Appropriations
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
8	13		C
9		-	ONCERNING THE CREATION OF THE COUNTY CORONER AND MORTUARY
10		-	MENTAL HEALTH AND WELLNESS PROGRAM
11		-	, AND, IN CONNECTION
12		-	THEREWITH
13		-	, MAKING AN APPROPRIATION.
14		-
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, add 27-60-205 as
17		-	follows:
18		-	27-60-205. County coroner and mortuary mental health and
19		-	wellness program - distribution of information - rules - repeal. (1) O
20		-	N
21		-	OR BEFORE
22		-	JANUARY 31, 2023, THE BEHAVIORAL HEALTH ADMINISTRATION
23		-	SHALL ADMINISTER A COUNTY CORONER AND MORTUARY MENTAL HEALTH
24		-	AND WELLNESS PROGRAM
25		-	, REFERRED TO IN THIS SECTION AS THE
26		-	"PROGRAM". THE PROGRAM MUST PROVIDE MENTAL HEALTH AND WELLNESS
27		-	SERVICES PRIMARILY FOCUSED ON IN
28		-	-PERSON, INDIVIDUAL COUNSELING WITH
29		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
30		-	officers and the Governor. To determine whether the Governor has signed the bill
31		-	or taken other action on it, please consult the legislative status sheet, the legislative
32		-	history, or the Session Laws.
33		-	________
34		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
35		-	through words or numbers indicate deletions from existing law and such material is not part of
36		-	the act. TRAUMA SPECIALISTS WHO HAVE EXPERIENCE WORKING WITH COUNTY
37		-	CORONERS OR OTHER PROFESSIONALS IN THE MORTUARY INDUSTRY
38		-	.
	14	+	ONCERNING THE CREATION OF THE COUNTY CORONER AND101
	15	+	MORTUARY MENTAL HEALTH AND WELLNESS
	16	+	PROGRAM, AND, IN102
	17	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	On or before January 31, 2023, the bill requires the behavioral
	26	+	health administration (BHA) to administer the county coroner and
	27	+	mortuary mental health and wellness program (program). The program
	28	+	provides mental health and wellness services to county coroners, county
	29	+	coroner's staff, persons working for volunteer groups, funeral directors,
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 9, 2022
	33	+	SENATE
	34	+	2nd Reading Unamended
	35	+	May 6, 2022
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	May 6, 2022
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	May 5, 2022
	42	+	HOUSE SPONSORSHIP
	43	+	Michaelson Jenet, Bacon, Bernett, Boesenecker, Caraveo, Cutter, Esgar, Exum, Gonzales-
	44	+	Gutierrez, Hooton, Jodeh, Lindsay, Lontine, McCluskie, McLachlan, Ricks, Roberts, Sirota,
	45	+	Titone, Valdez A., Woodrow, Young
	46	+	SENATE SPONSORSHIP
	47	+	Fields,
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	50	+	Dashes through the words indicate deletions from existing statute. and mortuary science practitioners.
	51	+	The bill requires each funeral home that employs a funeral director
	52	+	or mortuary science practitioner to pay for the actual costs of providing
	53	+	the mental health and wellness services if a funeral director or mortuary
	54	+	science practitioner requests to participate in the program and the funeral
	55	+	director's or mortuary science practitioner's health insurance coverage
	56	+	does not cover the costs of providing such services.
	57	+	On or before April 1, 2023, the bill requires the BHA to provide
	58	+	information about the program to those eligible for the program.
	59	+	The program repeals on September 1, 2029.
	60	+	Be it enacted by the General Assembly of the State of Colorado:1
	61	+	SECTION 1. In Colorado Revised Statutes, add 27-60-205 as2
	62	+	follows:3
	63	+	27-60-205. County coroner and mortuary mental health and4
	64	+	wellness program - distribution of information - rules - repeal.5
	65	+	(1) O
	66	+	N OR BEFORE JANUARY 31, 2023, THE BEHAVIORAL HEALTH6
	67	+	ADMINISTRATION SHALL ADMINISTER A COUNTY CORONER AND MORTUARY7
	68	+	MENTAL HEALTH AND WELLNESS PROGRAM , REFERRED TO IN THIS SECTION8
	69	+	AS THE "PROGRAM". THE PROGRAM MUST PROVIDE MENTAL HEALTH AND9
	70	+	WELLNESS SERVICES PRIMARILY FOCUSED ON IN -PERSON, INDIVIDUAL10
	71	+	COUNSELING WITH TRAUMA SPECIALISTS WHO HAVE EXPERIENCE WORKING11
	72	+	WITH COUNTY CORONERS OR OTHER PROFESSIONALS IN THE MORTUARY12
	73	+	INDUSTRY.13
39	74		(2) T
40		-	HE BHA MAY ENTER INTO A COMPETITIVE SOLICITATION
41		-	PROCESS PURSUANT TO THE STATE
42		-	"PROCUREMENT CODE", ARTICLES 101 TO
43		-	112 OF TITLE 24, TO CONTRACT WITH AN ENTITY OR INDIVIDUAL PROVIDERS
44		-	TO PROVIDE THE SERVICES DESCRIBED IN SUBSECTION
45		-	(1) OF THIS SECTION.
	75	+	HE BHA MAY ENTER INTO A COMPETITIVE SOLICITATION14
	76	+	PROCESS PURSUANT TO THE STATE"PROCUREMENT CODE", ARTICLES 10115
	77	+	TO 112 OF TITLE 24, TO CONTRACT WITH AN ENTITY OR INDIVIDUAL16
	78	+	PROVIDERS TO PROVIDE THE SERVICES DESCRIBED IN SUBSECTION (1) OF17
	79	+	THIS SECTION.18
46	80		(3) (a) T
47		-	HE PROGRAM MUST BE MADE AVAILABLE TO A COUNTY
48		-	CORONER ELECTED PURSUANT TO SECTION
49		-	30-10-601; A COUNTY CORONER'S
50		-	STAFF MEMBER
51		-	; A PERSON WORKING FOR A VOLUNTEER GROUP , AS
52		-	DETERMINED BY THE COUNTY CORONER
53		-	; A FUNERAL DIRECTOR, AS DEFINED
54		-	IN SECTION
55		-	12-135-103 (15); AND A MORTUARY SCIENCE PRACTITIONER , AS
56		-	DEFINED IN SECTION
57		-	12-135-103 (22).
	81	+	HE PROGRAM MUST BE MADE AVAILABLE TO A COUNTY19
	82	+	CORONER ELECTED PURSUANT TO SECTION 30-10-601; A COUNTY20
	83	+	1221-2- CORONER'S STAFF MEMBER; A PERSON WORKING FOR A VOLUNTEER GROUP ,1
	84	+	AS DETERMINED BY THE COUNTY CORONER ; A FUNERAL DIRECTOR, AS2
	85	+	DEFINED IN SECTION 12-135-103 (15); AND A MORTUARY SCIENCE3
	86	+	PRACTITIONER, AS DEFINED IN SECTION 12-135-103 (22).4
58	87		(b) I
59		-	F A COUNTY CORONER, A COUNTY CORONER'S STAFF MEMBER, OR
60		-	A PERSON WORKING FOR A VOLUNTEER GROUP DOES NOT HAVE HEALTH
61		-	INSURANCE COVERAGE OR HAS HEAL TH INSURANCE COVERAGE BUT THE
62		-	INSURANCE COVERAGE DOES NOT COVER THE COSTS OF SERVICES PROVIDED
63		-	PURSUANT TO SUBSECTION
64		-	(1) OF THIS SECTION, THE PROGRAM SHALL PAY
65		-	FOR THE COST OF THE SERVICES
66		-	.
	88	+	F A COUNTY CORONER, A COUNTY CORONER'S STAFF MEMBER,5
	89	+	OR A PERSON WORKING FOR A VOLUN TEER GROUP DOES NOT HAVE HEALTH6
	90	+	INSURANCE COVERAGE OR HAS HEALTH INSURANCE COVERAGE BUT THE7
	91	+	INSURANCE COVERAGE DOES NOT COVER THE COSTS OF SERVICES8
	92	+	PROVIDED PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE PROGRAM9
	93	+	SHALL PAY FOR THE COST OF THE SERVICES.10
67	94		(c) I
68		-	F A FUNERAL DIRECTOR OR MORTUARY SCIENCE PRACTITIONER
69		-	REQUESTS TO PARTICIPATE IN THE PROGRAM
70		-	, THE FUNERAL HOME , AS
71		-	DEFINED IN SECTION
72		-	12-135-103 (16), THAT EMPLOYS THE FUNERAL
73		-	DIRECTOR OR MORTUARY SCIENCE PRACTITIONER SHALL PAY THE ACTUAL
74		-	COST OF PROVIDING THE MENTAL HEALTH AND WELLNESS SERVICES IF THE
75		-	FUNERAL DIRECTOR
76		-	'S OR MORTUARY SCIENCE PRACTITIONER 'S HEALTH
77		-	INSURANCE COVERAGE DOES NOT COVER THE COSTS OF THE SERVICES
78		-	.
	95	+	F A FUNERAL DIRECTOR OR MORTUARY SCIENCE PRACTITIONER11
	96	+	REQUESTS TO PARTICIPATE IN THE PROGRAM , THE FUNERAL HOME, AS12
	97	+	DEFINED IN SECTION 12-135-103 (16), THAT EMPLOYS THE FUNERAL13
	98	+	DIRECTOR OR MORTUARY SCIENCE PRACTITIONER SHALL PAY THE ACTUAL14
	99	+	COST OF PROVIDING THE MENTAL HEALTH AND WELLNESS SERVICES IF THE15
	100	+	FUNERAL DIRECTOR'S OR MORTUARY SCIENCE PRACTITIONER 'S HEALTH16
	101	+	INSURANCE COVERAGE DOES NOT COVER THE COSTS OF THE SERVICES .17
79	102		(4) O
80		-	N OR BEFORE APRIL 1, 2023, THE BHA SHALL PROVIDE
81		-	INFORMATION ABOUT THE PROGRAM TO THE INDIVIDUALS DESCRIBED IN
82		-	SUBSECTION
83		-	(3)(a) OF THIS SECTION.
	103	+	N OR BEFORE APRIL 1, 2023, THE BHA SHALL PROVIDE18
	104	+	INFORMATION ABOUT THE PROGRAM TO THE INDIVIDUALS DESCRIBED IN19
	105	+	SUBSECTION (3)(a) OF THIS SECTION.20
84	106		(5) T
85		-	HE BHA SHALL NOT DISCLOSE ANY INFORMATION TO AN
86		-	EMPLOYER ABOUT ANY PERSON RECEIVING SERVICES UNDER ~~THE PROGRAM~~
87		-	.
	107	+	HE BHA SHALL NOT DISCLOSE ANY INFORMATION TO AN21
	108	+	EMPLOYER ABOUT ANY PERSON RECEIVING SERVICES UNDER THE22
	109	+	PROGRAM.23
88	110		(6) T
89		-	HE BHA SHALL PROMULGATE RULES AS NECESSARY TO
90		-	IMPLEMENT THIS SECTION
91		-	.
92		-	~~PAGE 2-HOUSE BILL 22-1221 (7) THIS~~ SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2029.
	111	+	HE BHA SHALL PROMULGATE RULES AS NECESSARY TO24
	112	+	IMPLEMENT THIS SECTION.25
	113	+	(7) T
	114	+	HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2029.26
93	115		B
94		-	EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN
95		-	ACCORDANCE WITH SECTION
96		-	24-34-104.
97		-	SECTION 2. In Colorado Revised Statutes, 24-34-104, add
98		-	(30)(a)(VIII) as follows:
99		-	24-34-104. General assembly review of regulatory agencies and
100		-	functions for repeal, continuation, or reestablishment - legislative
101		-	declaration - repeal. (30) (a) The following agencies, functions, or both,
102		-	are scheduled for repeal on September 1, 2029:
103		-	(VIII) T
104		-	HE COUNTY CORONER AND MORTUARY MENTAL HEALTH AND
105		-	WELLNESS PROGRAM CREATED IN SECTION
106		-	27-60-205.
107		-	SECTION 3. Appropriation. For the 2022-23 state fiscal year,
108		-	$100,000 is appropriated to the department of human services for use by the
109		-	behavioral health administration. This appropriation is from the general
110		-	fund and is based on an assumption that the administration will require an
111		-	additional 1.0 FTE. To implement this act, the administration may use this
112		-	appropriation for the county coroner and mortuary mental health and
113		-	wellness program.
114		-	SECTION 4. Safety clause. The general assembly hereby finds,
115		-	PAGE 3-HOUSE BILL 22-1221 determines, and declares that this act is necessary for the immediate
116		-	preservation of the public peace, health, or safety.
117		-	____________________________ ____________________________
118		-	Alec Garnett Steve Fenberg
119		-	SPEAKER OF THE HOUSE PRESIDENT OF
120		-	OF REPRESENTATIVES THE SENATE
121		-	____________________________ ____________________________
122		-	Robin Jones Cindi L. Markwell
123		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
124		-	OF REPRESENTATIVES THE SENATE
125		-	APPROVED________________________________________
126		-	(Date and Time)
127		-	_________________________________________
128		-	Jared S. Polis
129		-	GOVERNOR OF THE STATE OF COLORADO
130		-	PAGE 4-HOUSE BILL 22-1221
	116	+	EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN27
	117	+	1221
	118	+	-3- ACCORDANCE WITH SECTION 24-34-104.1
	119	+	SECTION 2. In Colorado Revised Statutes, 24-34-104, add2
	120	+	(30)(a)(VII) as follows:3
	121	+	24-34-104. General assembly review of regulatory agencies4
	122	+	and functions for repeal, continuation, or reestablishment - legislative5
	123	+	declaration - repeal. (30) (a) The following agencies, functions, or both,6
	124	+	are scheduled for repeal on September 1, 2029:7
	125	+	(VII) T
	126	+	HE COUNTY CORONER AND MORTUARY MENTAL HEALTH8
	127	+	AND WELLNESS PROGRAM CREATED IN SECTION 27-60-205.9
	128	+	SECTION 3. Appropriation. For the 2022-23 state fiscal year,10
	129	+	$100,000 is appropriated to the department of human services for use by11
	130	+	the behavioral health administration. This appropriation is from the12
	131	+	general fund and is based on an assumption that the administration will13
	132	+	require an additional 1.0 FTE. To implement this act, the administration14
	133	+	may use this appropriation for the county coroner and mortuary mental15
	134	+	health and wellness program.16
	135	+	SECTION 4. Safety clause. The general assembly hereby finds,17
	136	+	determines, and declares that this act is necessary for the immediate18
	137	+	preservation of the public peace, health, or safety.19
	138	+	1221
	139	+	-4-