HOUSE BILL 22-1221
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Fields
.
C
ONCERNING THE CREATION OF THE COUNTY CORONER AND MORTUARY
MENTAL HEALTH AND WELLNESS PROGRAM
, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 27-60-205 as
follows:
27-60-205. County coroner and mortuary mental health and
wellness program - distribution of information - rules - repeal. (1) O
N
OR BEFORE
JANUARY 31, 2023, THE BEHAVIORAL HEALTH ADMINISTRATION
SHALL ADMINISTER A COUNTY CORONER AND MORTUARY MENTAL HEALTH
AND WELLNESS PROGRAM
, REFERRED TO IN THIS SECTION AS THE
"PROGRAM". THE PROGRAM MUST PROVIDE MENTAL HEALTH AND WELLNESS
SERVICES PRIMARILY FOCUSED ON IN
-PERSON, INDIVIDUAL COUNSELING WITH
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. TRAUMA SPECIALISTS WHO HAVE EXPERIENCE WORKING WITH COUNTY
CORONERS OR OTHER PROFESSIONALS IN THE MORTUARY INDUSTRY
.
(2) T
HE BHA MAY ENTER INTO A COMPETITIVE SOLICITATION
PROCESS PURSUANT TO THE STATE
"PROCUREMENT CODE", ARTICLES 101 TO
112 OF TITLE 24, TO CONTRACT WITH AN ENTITY OR INDIVIDUAL PROVIDERS
TO PROVIDE THE SERVICES DESCRIBED IN SUBSECTION
(1) OF THIS SECTION.
(3) (a) T
HE PROGRAM MUST BE MADE AVAILABLE TO A COUNTY
CORONER ELECTED PURSUANT TO SECTION
30-10-601; A COUNTY CORONER'S
STAFF MEMBER
; A PERSON WORKING FOR A VOLUNTEER GROUP , AS
DETERMINED BY THE COUNTY CORONER
; A FUNERAL DIRECTOR, AS DEFINED
IN SECTION
12-135-103 (15); AND A MORTUARY SCIENCE PRACTITIONER , AS
DEFINED IN SECTION
12-135-103 (22).
(b) I
F A COUNTY CORONER, A COUNTY CORONER'S STAFF MEMBER, OR
A PERSON WORKING FOR A VOLUNTEER GROUP DOES NOT HAVE HEALTH
INSURANCE COVERAGE OR HAS HEAL TH INSURANCE COVERAGE BUT THE
INSURANCE COVERAGE DOES NOT COVER THE COSTS OF SERVICES PROVIDED
PURSUANT TO SUBSECTION
(1) OF THIS SECTION, THE PROGRAM SHALL PAY
FOR THE COST OF THE SERVICES
.
(c) I
F A FUNERAL DIRECTOR OR MORTUARY SCIENCE PRACTITIONER
REQUESTS TO PARTICIPATE IN THE PROGRAM
, THE FUNERAL HOME , AS
DEFINED IN SECTION
12-135-103 (16), THAT EMPLOYS THE FUNERAL
DIRECTOR OR MORTUARY SCIENCE PRACTITIONER SHALL PAY THE ACTUAL
COST OF PROVIDING THE MENTAL HEALTH AND WELLNESS SERVICES IF THE
FUNERAL DIRECTOR
'S OR MORTUARY SCIENCE PRACTITIONER 'S HEALTH
INSURANCE COVERAGE DOES NOT COVER THE COSTS OF THE SERVICES
.
(4) O
N OR BEFORE APRIL 1, 2023, THE BHA SHALL PROVIDE
INFORMATION ABOUT THE PROGRAM TO THE INDIVIDUALS DESCRIBED IN
SUBSECTION
(3)(a) OF THIS SECTION.
(5) T
HE BHA SHALL NOT DISCLOSE ANY INFORMATION TO AN
EMPLOYER ABOUT ANY PERSON RECEIVING SERVICES UNDER THE PROGRAM
.
(6) T
HE BHA SHALL PROMULGATE RULES AS NECESSARY TO
IMPLEMENT THIS SECTION
.
PAGE 2-HOUSE BILL 22-1221 (7) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2029.
B
EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN
ACCORDANCE WITH SECTION
24-34-104.
SECTION 2. In Colorado Revised Statutes, 24-34-104, add
(30)(a)(VIII) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (30) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2029:
(VIII) T
HE COUNTY CORONER AND MORTUARY MENTAL HEALTH AND
WELLNESS PROGRAM CREATED IN SECTION
27-60-205.
SECTION 3. Appropriation. For the 2022-23 state fiscal year,
$100,000 is appropriated to the department of human services for use by the
behavioral health administration. This appropriation is from the general
fund and is based on an assumption that the administration will require an
additional 1.0 FTE. To implement this act, the administration may use this
appropriation for the county coroner and mortuary mental health and
wellness program.
SECTION 4. Safety clause. The general assembly hereby finds,
PAGE 3-HOUSE BILL 22-1221 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-HOUSE BILL 22-1221