HOUSE BILL 22-1283
BY REPRESENTATIVE(S) Michaelson Jenet and Bradfield, Amabile,
Gonzales-Gutierrez, Bacon, Benavidez, Bird, Boesenecker, Caraveo, Cutter,
Daugherty, Esgar, Exum, Froelich, Gray, Herod, Hooton, Jodeh, Kipp,
Lindsay, Lontine, McCluskie, McCormick, McLachlan, Mullica, Ortiz,
Roberts, Sirota, Snyder, Sullivan, Titone, Valdez A., Valdez D., Weissman,
Woodrow, Young, Garnett, Van Beber;
also SENATOR(S) Buckner and Priola, Gonzales, Hansen, Lee, Simpson,
Zenzinger, Fenberg.
C
ONCERNING ENHANCED RESIDENTIAL SERVICES FOR PERSONS WITH
BEHAVIORAL HEALTH NEEDS
, AND, IN CONNECTION THEREWITH ,
MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) During the COVID-19 pandemic, children and youth faced
unprecedented behavioral health challenges;
(b) During this unprecedented time, children, youth, and their
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. families may have lost access to, or needed increased availability of,
behavioral and mental health care;
(c) Since the COVID-19 pandemic began, rates of psychological
distress among youth have increased, including symptoms of anxiety,
depression, and other behavioral and mental health disorders;
(d) Additional in-home and residential respite care services and
facilities for children and families must be created in ten to twelve regions
of the state to meet the increased need;
(e) Funding for additional operational support is critical for
psychiatric residential treatment facilities and qualified residential treatment
programs for youth across the state;
(f) It is crucial to begin the process of building and staffing a
neuro-psych facility with a capacity of up to sixteen beds for youth less than
twenty-one years of age at the Colorado mental health institute at Fort
Logan; and
(g) The federal government enacted the "American Rescue Plan Act
of 2021" to provide support to state, local, and tribal governments in
responding to the impact of the COVID-19 pandemic.
(2) The general assembly further declares that:
(a) Children, youth, and families have been disproportionately
impacted by the COVID-19 pandemic and its negative public health
impacts, especially the behavioral health of children, youth, and families.
The programs and services funded by the federal money in this act are
appropriate uses of the money transferred to Colorado under the "American
Rescue Plan Act". This money will expand access to evidence-based
treatment for behavioral health services, including additional in-home and
residential respite care; operational support that is critical for psychiatric
residential treatment facilities and qualified residential treatment programs
for youth across the state; and building and staffing a neuro-psych facility
with a capacity of up to sixteen beds for youth less than twenty-one years
of age at the Colorado mental health institute at Fort Logan.
(b) The services described in this act are critical government
PAGE 2-HOUSE BILL 22-1283 services.
SECTION 2. In Colorado Revised Statutes, add with amended
and relocated provisions 26-5-117 as follows:
26-5-117. [Formerly 27-60-113] Out-of-home placement for
children and youth with mental or behavioral needs - funding - report
- rules - legislative declaration - repeal. (1) (a) The general assembly
finds and declares that:
(I) The COVID-19 pandemic has lead to an emergency need for
increased placements for children and youth with behavioral or mental
health needs, including those involved with the child welfare system; and
(II) As the state works to transition to the critical requirements of the
federal "Family First Prevention Services Act", it must ensure a smooth
transition by helping existing residential child care facilities transition to
qualified residential treatment programs or psychiatric residential treatment
facilities.
(b) Therefore, the general assembly declares that the state should
provide resources to qualified residential treatment programs, psychiatric
residential treatment facilities, or therapeutic foster care providers to
address this emergency situation and ensure there are high-quality providers
available to meet these needs.
(2) (a) On or before August 1, 2021, the state department shall
develop a program to provide emergency resources to licensed providers to
help remove barriers such providers face in serving children and youth
whose behavioral or mental health needs require services and treatment in
a residential child care facility. Any such licensed provider shall meet the
requirements of a qualified residential treatment program, as defined in
section 26-5.4-102; a psychiatric residential treatment facility, as defined in
section 26-5.4-103 (19.5)
SECTION 25.5-4-103 (19.5); TREATMENT FOSTER
CARE
; or therapeutic foster care. as defined in section 26-6-102 (39).
(b) (I) BEGINNING JULY 1, 2022, THE STATE DEPARTMENT SHALL
PROVIDE ONGOING OPERATIONAL SUPPORT FOR PSYCHIATRIC RESIDENTIAL
TREATMENT FACILITIES
, THERAPEUTIC FOSTER CARE, TREATMENT FOSTER
CARE
, AND QUALIFIED RESIDENTIAL TREATMENT PROGRAMS AS DESCRIBED
PAGE 3-HOUSE BILL 22-1283 IN SUBSECTION (2)(a) OF THIS SECTION.
(II) F
OR THE 2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY SHALL
APPROPRIATE MONEY FROM THE BEHAVIORAL AND MENTAL HEALTH CASH
FUND CREATED IN SECTION
24-75-230 TO THE STATE DEPARTMENT TO FUND
OPERATIONAL SUPPORT FOR PSYCHIATRIC RESIDENTIAL TREATMENT
FACILITIES FOR YOUTH
, QUALIFIED RESIDENTIAL TREATMENT PROGRAMS ,
THERAPEUTIC FOSTER CARE , AND TREATMENT FOSTER CARE FOR YOUTH
ACROSS THE STATE AS DESCRIBED IN THIS SUBSECTION
(2).
(III) M
ONEY SPENT PURSUANT TO THIS SUBSECTION (2) MUST
CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL
"AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED. THE
STATE DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH
APPROPRIATION PRIOR TO
DECEMBER 30, 2024, AND EXPEND THE
APPROPRIATION ON OR BEFORE
DECEMBER 31, 2026.
(IV) T
HIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2027.
(c) T
HE STATE DEPARTMENT AND ANY PERSON WHO RECEIVES
MONEY FROM THE STATE DEPARTMENT SHALL COMPLY WITH THE
COMPLIANCE
, REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION
REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND
BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION
24-75-226 (5).
(3) The state department may promulgate rules concerning the
placement of a child or youth in the program. The rules may address quality
assurance monitoring, admissions, discharge planning, appropriate length
of stay, an appeals process for children and youth who are determined
ineligible for the program, and compliance with applicable federal law,
including the federal "Family First Prevention Services Act"; except that
rules concerning the placement of a child or youth who is not in the custody
of a state or county department of human or social services shall not
inappropriately apply compliance with such act.
(4) (a) On or before December 31, 2021, the state department shall
contract with licensed providers for the delivery of services to children and
youth who are determined eligible for and placed in the program. A
PAGE 4-HOUSE BILL 22-1283 provider that contracts with the state department shall not:
(I) Deny admittance of a child or youth if the child or youth
otherwise meets the eligibility criteria for the program; or
(II) Discharge a child or youth based on the severity or complexity
of the child CHILD'S or youth's physical, behavioral, or mental health needs;
except that the state department may arrange for the placement of a child or
youth with an alternate contracted provider if the placement with the
alternate provider is better suited to deliver services that meet the needs of
the child or youth.
(b) The state department shall reimburse a provider directly for the
costs associated with the placement of a child or youth in the program for
the duration of the treatment, including the costs the provider demonstrates
are necessary in order for the provider to operate continuously during this
period.
(c) The state department shall coordinate with the department of
health care policy and financing to support continuity of care and payment
for services for any children or youth placed in the program.
(d) The state department shall reimburse the provider one hundred
percent of the cost of unutilized beds in the program to ensure available
space for emergency residential out-of-home placements.
(5) (a) A hospital, health-care provider, provider of case
management services, school district, managed care entity, or state or
county department of human or social services may refer a family for the
placement of a child or youth in the program. The entity referring a child or
youth for placement in the program shall submit or assist the family with
submitting an application to the state department for review. The state
department shall consider each application as space becomes available. The
state department shall approve admissions into the program and determine
admission and discharge criteria for placement.
(b) The state department shall develop a discharge plan for each
child or youth placed in the program. The plan must include the eligible
period of placement of the child or youth and shall identify the entity that
will be responsible for the placement costs if the child or youth remains
PAGE 5-HOUSE BILL 22-1283 with the provider beyond the date of eligibility identified in the plan.
(c) The entity or family that places the child or youth in the program
retains the right to remove the child or youth from the program any time
prior to the discharge date specified by the state department.
(6) Within seven days after submitting an application to the state
department for placing a child or youth in the program, the state department
shall work with the referring entity and the child's or youth's parents or legal
guardians to ensure the child or youth is assessed for eligibility for
enrollment into the state medical assistance program. A child or youth who
is eligible for enrollment into the state medical assistance program shall be
enrolled. Enrollment of a child or youth into the state medical assistance
program does not constitute automatic placement into the program.
(7) No later than November 1, 2022, 2023, and 2024
ON OR BEFORE
NOVEMBER 1, 2023, AND EVERY NOVEMBER 1 THEREAFTER, the state
department shall submit a written report to the house of representatives
public and behavioral health and human services committee, the senate
health and human services committee, or their successor committees, and
the joint budget committee. At a minimum, the report must include:
(a) The number of applications received for placement of children
and youth in the program;
(b) The number of children and youth accepted for placement in the
program;
(c) The duration of each placement; and
(d) The daily rate paid to each provider for placement of children
and youth.
(8) This section is intended to provide enhanced emergency services
resulting from the increased need for services due to the COVID-19
pandemic. No later than September 30, 2024, the state department shall
submit recommendations to the house of representatives public and
behavioral health and human services committee, the senate health and
human services committee, or their successor committees, and the joint
budget committee about how to provide necessary services for children and
PAGE 6-HOUSE BILL 22-1283 youth in need of residential care, including hospital step-down services on
an ongoing basis.
(9) This section is repealed, effective July 1, 2025 JULY 1, 2028.
SECTION 3. In Colorado Revised Statutes, 27-60-103, add (1.5)
as follows:
27-60-103. Behavioral health crisis response system - services -
request for proposals - criteria - reporting - rules - definition - repeal.
(1.5) (a) B
EGINNING JANUARY 1, 2023, THE STATE DEPARTMENT SHALL
CREATE IN
-HOME AND RESIDENTIAL RESPITE CARE SERVICES AND FACILITIES
FOR CHILDREN AND FAMILIES IN UP TO SEVEN REGIONS OF THE STATE
, AS
DETERMINED BY THE STATE DEPARTMENT AND A COMMI TTEE OF INTERESTED
STAKEHOLDERS
.
(b) (I) F
OR THE 2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE MONEY FROM THE BEHAVIORAL AND MENTAL HEALTH
CASH FUND PURSUANT TO SECTION
24-75-230 TO THE STATE DEPARTMENT
TO FUND IN
-HOME AND RESIDENTIAL RESPITE CARE ACROSS THE STATE AS
DESCRIBED IN THIS SUBSECTION
(1.5).
(II) M
ONEY SPENT PURSUANT TO THIS SUBSECTION (1.5) MUST
CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL
"AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE ACT MAY BE
SUBSEQUENTLY AMENDED
. THE STATE DEPARTMENT SHALL EITHER SPEND
OR OBLIGATE SUCH APPROPRIATION PRIOR TO
DECEMBER 30, 2024, AND
EXPEND THE APPROPRIATION ON OR BEFORE
DECEMBER 31, 2026.
(III) T
HIS SUBSECTION (1.5)(b) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2027.
(c) (I) B
EGINNING IN STATE FISCAL YEAR 2023-24, MONEY
APPROPRIATED TO THE STATE DEPARTMENT FOR THE PURPOSE OF THIS
SUBSECTION
(1.5) MUST CONTINUE THE STATEWIDE ACCESS TO CRISIS
SYSTEM SERVICES FOR CHILDREN AND YOUTH UNTIL
JUNE 30, 2026.
(II) B
EGINNING IN THE STATE FISCAL YEAR 2022-23, MONEY
APPROPRIATED TO THE STATE DEPARTMENT FOR THE PURPOSE OF
IMPLEMENTING THIS SUBSECTION
(1.5) MUST SUPPORT RESIDENTIAL RESPITE
PAGE 7-HOUSE BILL 22-1283 CARE PROVIDED TO YOUTH INVOLVED IN THE FOSTER CARE SYSTEM .
(III) R
ESPITE FOSTER CARE HOMES MUST BE IN COMPLIANCE WITH
ALL OTHER APPLICABLE RULES REGULATING FOSTER CARE HOMES
.
(d) T
HE STATE DEPARTMENT AND ANY PERSON THAT RECEIVES
MONEY FROM THE STATE DEPARTMENT SHALL COMPLY WITH THE
COMPLIANCE
, REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION
REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND
BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION
24-75-226 (5).
SECTION 4. Repeal of relocated provisions in this act. In
Colorado Revised Statutes, repeal 27-60-113.
SECTION 5. In Colorado Revised Statutes, add 27-80-127 as
follows:
27-80-127. Children and youth in need of residential mental
health and substance use treatment -repeal. (1) O
N OR BEFORE JULY 1,
2023,
THE BEHAVIORAL HEALTH ADMINISTRATION , CREATED PURSUANT TO
PART
2 OF ARTICLE 60 OF TITLE 27, SHALL CREATE, DEVELOP, OR CONTRACT
TO ADD ADDITIONAL RESIDENTIAL SUBSTANCE USE TREATMENT BEDS FOR
YOUTH
. TO THE GREATEST EXTENT POSSIBLE , THE DEPARTMENT SHALL
ENSURE THAT BOTH MENTAL HEALTH AND SUBSTANCE USE TREATMENT
SERVICES ARE AVAILABLE IN ONE RESIDENTIAL LOCATION
. THE DEPARTMENT
SHALL WORK COLLABORATIVELY WITH THE BEHAVIORAL HEALTH
ADMINISTRATION FOR LICENSING AND DETERMINING THE GREATEST AREAS
OF NEED
.
(2) (a) (I) F
OR THE 2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE FIVE MILLION DOLLARS FROM THE BEHAVIORAL AND
MENTAL HEALTH CASH FUND
, CREATED PURSUANT TO SECTION 24-75-230,
TO THE DEPARTMENT TO EXPAND SUBSTANCE USE RESIDENTIAL TREATMENT
BEDS FOR ADOLESCENTS
, AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION.
(II) M
ONEY SPENT PURSUANT TO THIS SUBSECTION (2) MUST
CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL
"AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED. THE
DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH APPROPRIATION
PAGE 8-HOUSE BILL 22-1283 PRIOR TO DECEMBER 30, 2024, AND EXPEND THE APPROPRIATION ON OR
BEFORE
DECEMBER 31, 2026.
(b) T
HIS SUBSECTION (2) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2027.
(3) T
HE DEPARTMENT OF HUMAN SERVICES AND ANY PERSON THAT
RECEIVES MONEY FROM THE DEPARTMENT OF HUMAN SERVICES SHALL
COMPLY WITH THE COMPLIANCE
, REPORTING, RECORD-KEEPING, AND
PROGRAM EVALUATION REQUIREMENTS ESTABLISHED BY THE OFFICE OF
STATE PLANNING AND BUDGETING AND THE STATE CONTROLLER IN
ACCORDANCE WITH SECTION
24-75-226 (5).
(4) T
HIS SECTION IS KNOWN AS THE "ANDY CAMPOS-PADILLA ACT".
SECTION 6. In Colorado Revised Statutes, add 27-90-112 as
follows:
27-90-112. Youth neuro-psych facility - funding - repeal.
(1) B
EGINNING JULY 1, 2022, THE DEPARTMENT OF HUMAN SERVICES SHALL
BEGIN THE PROCESS TO CREATE
, DEVELOP, OR CONTRACT FOR A
NEURO
-PSYCH FACILITY. THE NEURO-PSYCH FACILITY MUST HAVE A
CAPACITY OF AT LEAST SIXTEEN RESIDENTIAL BEDS FOR
COLORADO YOUTH
WHO ARE LESS THAN TWENTY
-ONE YEARS OF AGE. THE DEPARTMENT SHALL
DEVELOP AND IMPLEMENT ADMISSION CRITERIA THAT ENSURES THAT
COLORADO CHILDREN AND YOUTH , PRIOR TO BEING ADMITTED, HAVE BEEN
EVALUATED FOR THE LEAST RESTRICTIVE LEVEL OF CARE AND THAT
GEOGRAPHIC LOCATION
, CURRENT HEALTH-CARE PROVIDER, AND PAYER
TYPE ARE NOT THE PRIMARY DETERMINING FACTORS IN WHETHER A YOUTH
HAS ACCESS TO A BED AT THE NEURO
-PSYCH FACILITY.
(2) (a) (I) F
OR THE 2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE MONEY FROM THE BEHAVIORAL AND MENTAL HEALTH
CASH FUND PURSUANT TO SECTION
24-75-230 TO THE DEPARTMENT OF
HUMAN SERVICES TO FUND OPERATIONAL SUPPORT FOR PSYCHIATRIC
RESIDENTIAL TREATMENT FACILITIES FOR YOUTH AND QUALIFIED
RESIDENTIAL TREATMENT PROGRAMS FOR YOUTH ACROSS THE STATE AS
DESCRIBED IN THIS SUBSECTION
(2).
(II) M
ONEY SPENT PURSUANT TO THIS SUBSECTION (2) MUST
PAGE 9-HOUSE BILL 22-1283 CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL
"AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED. THE
DEPARTMENT OF HUMAN SERVICES SHALL EITHER SPEND OR OBLIGATE SUCH
APPROPRIATION PRIOR TO
DECEMBER 30, 2024, AND EXPEND THE
APPROPRIATION ON OR BEFORE
DECEMBER 31, 2026.
(b) T
HIS SUBSECTION (2) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2027.
(3) T
HE DEPARTMENT OF HUMAN SERVICES AND ANY PERSON THAT
RECEIVES MONEY FROM THE DEPARTMENT OF HUMAN SERVICES SHALL
COMPLY WITH THE COMPLIANCE
, REPORTING, RECORD-KEEPING, AND
PROGRAM EVALUATION REQUIREMENTS ESTABLISHED BY THE OFFICE OF
STATE PLANNING AND BUDGETING AND THE STATE CONTROLLER IN
ACCORDANCE WITH SECTION
24-75-226 (5).
SECTION 7. Appropriation. For the 2022-23 state fiscal year,
$11,628,023 is appropriated to the department of human services for use by
the division of child welfare. This appropriation is from the behavioral and
mental health cash fund created in section 24-75-230 (2)(a), C.R.S., and is
of money the state received from the federal coronavirus state fiscal
recovery fund. The division may use this appropriation for respite and
residential programs. Any money appropriated in this section not expended
prior to July 1, 2023, is further appropriated to the division from July 1,
2023, through December 30, 2024, for the same purpose. These
appropriations are based on the assumption that the office will require 4.0
FTE in the 2022-23 state fiscal year and 4.0 FTE in the 2023-24 state fiscal
year to implement the act.
SECTION 8. Appropriation. (1) For the 2022-23 state fiscal year,
$7,500,000 is appropriated to the department of human services for use by
the behavioral health administration. This appropriation is from the
behavioral and mental health cash fund created in section 24-75-230 (2)(a),
C.R.S., and is of money the state received from the federal coronavirus state
fiscal recovery fund. Any money appropriated in this section not expended
prior to July 1, 2023, is further appropriated to the administration from July
1, 2023, through December 30, 2024, for the same purpose. To implement
this act, the department may use this appropriation as follows:
(a) $5,000,000 to expand substance use residential treatment beds
PAGE 10-HOUSE BILL 22-1283 for adolescents pursuant to section 27-80-127, C.R.S.; and
(b) $2,500,000 for crisis response system services.
SECTION 9. Appropriation. For the 2022-23 state fiscal year,
$539,926 is appropriated to the department of human services for use by the
office of behavioral health. This appropriation is from the behavioral and
mental health cash fund created in section 24-75-230 (2)(a), C.R.S., and is
of money the state received from the federal coronavirus state fiscal
recovery fund. The office may use this appropriation for building
maintenance costs associated with the youth neuro-psych facility at the
Colorado mental health institute at Fort Logan established pursuant to
section 27-94-107, C.R.S. Any money appropriated in this section not
expended prior to July 1, 2023, is further appropriated to the administration
from July 1, 2023, through December 30, 2024, for the same purpose.
SECTION 10. Capital construction appropriation. For the
2022-23 state fiscal year, $35,000,000 is appropriated to the department of
human services. This appropriation is from the behavioral and mental health
cash fund created in section 24-75-230 (2)(a), C.R.S., and is of money the
state received from the federal coronavirus state fiscal recovery fund. To
implement this act, the department may use this appropriation for capital
construction related to the construction of a neuro-psych facility at the
Colorado mental health institute at Fort Logan. Any money appropriated in
this section not expended prior to July 1, 2023, is further appropriated to the
administration from July 1, 2023, through December 30, 2024, for the same
purpose.
SECTION 11. Safety clause. The general assembly hereby finds,
PAGE 11-HOUSE BILL 22-1283 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 12-HOUSE BILL 22-1283