11 | | - | ONCERNING ENHANCED RESIDENTIAL SERVICES FOR PERSONS WITH |
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12 | | - | BEHAVIORAL HEALTH NEEDS |
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13 | | - | , AND, IN CONNECTION THEREWITH , |
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14 | | - | MAKING AN APPROPRIATION. |
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15 | | - | |
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16 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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17 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
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18 | | - | finds and declares that: |
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19 | | - | (a) During the COVID-19 pandemic, children and youth faced |
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20 | | - | unprecedented behavioral health challenges; |
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21 | | - | (b) During this unprecedented time, children, youth, and their |
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22 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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23 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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24 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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25 | | - | history, or the Session Laws. |
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26 | | - | ________ |
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27 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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28 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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29 | | - | the act. families may have lost access to, or needed increased availability of, |
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30 | | - | behavioral and mental health care; |
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31 | | - | (c) Since the COVID-19 pandemic began, rates of psychological |
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32 | | - | distress among youth have increased, including symptoms of anxiety, |
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33 | | - | depression, and other behavioral and mental health disorders; |
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34 | | - | (d) Additional in-home and residential respite care services and |
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35 | | - | facilities for children and families must be created in ten to twelve regions |
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36 | | - | of the state to meet the increased need; |
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37 | | - | (e) Funding for additional operational support is critical for |
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38 | | - | psychiatric residential treatment facilities and qualified residential treatment |
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39 | | - | programs for youth across the state; |
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40 | | - | (f) It is crucial to begin the process of building and staffing a |
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41 | | - | neuro-psych facility with a capacity of up to sixteen beds for youth less than |
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42 | | - | twenty-one years of age at the Colorado mental health institute at Fort |
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43 | | - | Logan; and |
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44 | | - | (g) The federal government enacted the "American Rescue Plan Act |
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45 | | - | of 2021" to provide support to state, local, and tribal governments in |
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46 | | - | responding to the impact of the COVID-19 pandemic. |
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47 | | - | (2) The general assembly further declares that: |
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48 | | - | (a) Children, youth, and families have been disproportionately |
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49 | | - | impacted by the COVID-19 pandemic and its negative public health |
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50 | | - | impacts, especially the behavioral health of children, youth, and families. |
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51 | | - | The programs and services funded by the federal money in this act are |
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52 | | - | appropriate uses of the money transferred to Colorado under the "American |
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53 | | - | Rescue Plan Act". This money will expand access to evidence-based |
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54 | | - | treatment for behavioral health services, including additional in-home and |
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55 | | - | residential respite care; operational support that is critical for psychiatric |
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56 | | - | residential treatment facilities and qualified residential treatment programs |
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57 | | - | for youth across the state; and building and staffing a neuro-psych facility |
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58 | | - | with a capacity of up to sixteen beds for youth less than twenty-one years |
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59 | | - | of age at the Colorado mental health institute at Fort Logan. |
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60 | | - | (b) The services described in this act are critical government |
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61 | | - | PAGE 2-HOUSE BILL 22-1283 services. |
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62 | | - | SECTION 2. In Colorado Revised Statutes, add with amended |
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63 | | - | and relocated provisions 26-5-117 as follows: |
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64 | | - | 26-5-117. [Formerly 27-60-113] Out-of-home placement for |
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65 | | - | children and youth with mental or behavioral needs - funding - report |
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66 | | - | - rules - legislative declaration - repeal. (1) (a) The general assembly |
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67 | | - | finds and declares that: |
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68 | | - | (I) The COVID-19 pandemic has lead to an emergency need for |
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69 | | - | increased placements for children and youth with behavioral or mental |
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70 | | - | health needs, including those involved with the child welfare system; and |
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71 | | - | (II) As the state works to transition to the critical requirements of the |
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72 | | - | federal "Family First Prevention Services Act", it must ensure a smooth |
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73 | | - | transition by helping existing residential child care facilities transition to |
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74 | | - | qualified residential treatment programs or psychiatric residential treatment |
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75 | | - | facilities. |
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76 | | - | (b) Therefore, the general assembly declares that the state should |
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77 | | - | provide resources to qualified residential treatment programs, psychiatric |
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78 | | - | residential treatment facilities, or therapeutic foster care providers to |
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79 | | - | address this emergency situation and ensure there are high-quality providers |
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80 | | - | available to meet these needs. |
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81 | | - | (2) (a) On or before August 1, 2021, the state department shall |
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82 | | - | develop a program to provide emergency resources to licensed providers to |
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83 | | - | help remove barriers such providers face in serving children and youth |
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84 | | - | whose behavioral or mental health needs require services and treatment in |
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85 | | - | a residential child care facility. Any such licensed provider shall meet the |
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86 | | - | requirements of a qualified residential treatment program, as defined in |
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87 | | - | section 26-5.4-102; a psychiatric residential treatment facility, as defined in |
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88 | | - | section 26-5.4-103 (19.5) |
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89 | | - | SECTION 25.5-4-103 (19.5); TREATMENT FOSTER |
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90 | | - | CARE |
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91 | | - | ; or therapeutic foster care. as defined in section 26-6-102 (39). |
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92 | | - | (b) (I) BEGINNING JULY 1, 2022, THE STATE DEPARTMENT SHALL |
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93 | | - | PROVIDE ONGOING OPERATIONAL SUPPORT FOR PSYCHIATRIC RESIDENTIAL |
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94 | | - | TREATMENT FACILITIES |
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95 | | - | , THERAPEUTIC FOSTER CARE, TREATMENT FOSTER |
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96 | | - | CARE |
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97 | | - | , AND QUALIFIED RESIDENTIAL TREATMENT PROGRAMS AS DESCRIBED |
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98 | | - | PAGE 3-HOUSE BILL 22-1283 IN SUBSECTION (2)(a) OF THIS SECTION. |
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99 | | - | (II) F |
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100 | | - | OR THE 2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY SHALL |
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101 | | - | APPROPRIATE MONEY FROM THE BEHAVIORAL AND MENTAL HEALTH CASH |
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102 | | - | FUND CREATED IN SECTION |
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103 | | - | 24-75-230 TO THE STATE DEPARTMENT TO FUND |
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104 | | - | OPERATIONAL SUPPORT FOR PSYCHIATRIC RESIDENTIAL TREATMENT |
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105 | | - | FACILITIES FOR YOUTH |
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106 | | - | , QUALIFIED RESIDENTIAL TREATMENT PROGRAMS , |
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107 | | - | THERAPEUTIC FOSTER CARE , AND TREATMENT FOSTER CARE FOR YOUTH |
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108 | | - | ACROSS THE STATE AS DESCRIBED IN THIS SUBSECTION |
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109 | | - | (2). |
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110 | | - | (III) M |
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111 | | - | ONEY SPENT PURSUANT TO THIS SUBSECTION (2) MUST |
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112 | | - | CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL |
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113 | | - | "AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED. THE |
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114 | | - | STATE DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH |
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115 | | - | APPROPRIATION PRIOR TO |
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116 | | - | DECEMBER 30, 2024, AND EXPEND THE |
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117 | | - | APPROPRIATION ON OR BEFORE |
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118 | | - | DECEMBER 31, 2026. |
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119 | | - | (IV) T |
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120 | | - | HIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE SEPTEMBER |
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121 | | - | 1, 2027. |
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122 | | - | (c) T |
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123 | | - | HE STATE DEPARTMENT AND ANY PERSON WHO RECEIVES |
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124 | | - | MONEY FROM THE STATE DEPARTMENT SHALL COMPLY WITH THE |
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125 | | - | COMPLIANCE |
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126 | | - | , REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION |
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127 | | - | REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND |
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128 | | - | BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION |
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129 | | - | 24-75-226 (5). |
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130 | | - | (3) The state department may promulgate rules concerning the |
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131 | | - | placement of a child or youth in the program. The rules may address quality |
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132 | | - | assurance monitoring, admissions, discharge planning, appropriate length |
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133 | | - | of stay, an appeals process for children and youth who are determined |
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134 | | - | ineligible for the program, and compliance with applicable federal law, |
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135 | | - | including the federal "Family First Prevention Services Act"; except that |
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136 | | - | rules concerning the placement of a child or youth who is not in the custody |
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137 | | - | of a state or county department of human or social services shall not |
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138 | | - | inappropriately apply compliance with such act. |
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139 | | - | (4) (a) On or before December 31, 2021, the state department shall |
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140 | | - | contract with licensed providers for the delivery of services to children and |
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141 | | - | youth who are determined eligible for and placed in the program. A |
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142 | | - | PAGE 4-HOUSE BILL 22-1283 provider that contracts with the state department shall not: |
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143 | | - | (I) Deny admittance of a child or youth if the child or youth |
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144 | | - | otherwise meets the eligibility criteria for the program; or |
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145 | | - | (II) Discharge a child or youth based on the severity or complexity |
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146 | | - | of the child CHILD'S or youth's physical, behavioral, or mental health needs; |
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147 | | - | except that the state department may arrange for the placement of a child or |
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148 | | - | youth with an alternate contracted provider if the placement with the |
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149 | | - | alternate provider is better suited to deliver services that meet the needs of |
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150 | | - | the child or youth. |
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151 | | - | (b) The state department shall reimburse a provider directly for the |
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152 | | - | costs associated with the placement of a child or youth in the program for |
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153 | | - | the duration of the treatment, including the costs the provider demonstrates |
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154 | | - | are necessary in order for the provider to operate continuously during this |
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155 | | - | period. |
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156 | | - | (c) The state department shall coordinate with the department of |
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157 | | - | health care policy and financing to support continuity of care and payment |
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158 | | - | for services for any children or youth placed in the program. |
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159 | | - | (d) The state department shall reimburse the provider one hundred |
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160 | | - | percent of the cost of unutilized beds in the program to ensure available |
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161 | | - | space for emergency residential out-of-home placements. |
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162 | | - | (5) (a) A hospital, health-care provider, provider of case |
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163 | | - | management services, school district, managed care entity, or state or |
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164 | | - | county department of human or social services may refer a family for the |
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165 | | - | placement of a child or youth in the program. The entity referring a child or |
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166 | | - | youth for placement in the program shall submit or assist the family with |
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167 | | - | submitting an application to the state department for review. The state |
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168 | | - | department shall consider each application as space becomes available. The |
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169 | | - | state department shall approve admissions into the program and determine |
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170 | | - | admission and discharge criteria for placement. |
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171 | | - | (b) The state department shall develop a discharge plan for each |
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172 | | - | child or youth placed in the program. The plan must include the eligible |
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173 | | - | period of placement of the child or youth and shall identify the entity that |
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174 | | - | will be responsible for the placement costs if the child or youth remains |
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175 | | - | PAGE 5-HOUSE BILL 22-1283 with the provider beyond the date of eligibility identified in the plan. |
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176 | | - | (c) The entity or family that places the child or youth in the program |
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177 | | - | retains the right to remove the child or youth from the program any time |
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178 | | - | prior to the discharge date specified by the state department. |
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179 | | - | (6) Within seven days after submitting an application to the state |
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180 | | - | department for placing a child or youth in the program, the state department |
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181 | | - | shall work with the referring entity and the child's or youth's parents or legal |
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182 | | - | guardians to ensure the child or youth is assessed for eligibility for |
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183 | | - | enrollment into the state medical assistance program. A child or youth who |
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184 | | - | is eligible for enrollment into the state medical assistance program shall be |
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185 | | - | enrolled. Enrollment of a child or youth into the state medical assistance |
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186 | | - | program does not constitute automatic placement into the program. |
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187 | | - | (7) No later than November 1, 2022, 2023, and 2024 |
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188 | | - | ON OR BEFORE |
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189 | | - | NOVEMBER 1, 2023, AND EVERY NOVEMBER 1 THEREAFTER, the state |
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190 | | - | department shall submit a written report to the house of representatives |
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191 | | - | public and behavioral health and human services committee, the senate |
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192 | | - | health and human services committee, or their successor committees, and |
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193 | | - | the joint budget committee. At a minimum, the report must include: |
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194 | | - | (a) The number of applications received for placement of children |
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195 | | - | and youth in the program; |
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196 | | - | (b) The number of children and youth accepted for placement in the |
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197 | | - | program; |
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198 | | - | (c) The duration of each placement; and |
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199 | | - | (d) The daily rate paid to each provider for placement of children |
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200 | | - | and youth. |
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201 | | - | (8) This section is intended to provide enhanced emergency services |
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202 | | - | resulting from the increased need for services due to the COVID-19 |
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203 | | - | pandemic. No later than September 30, 2024, the state department shall |
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204 | | - | submit recommendations to the house of representatives public and |
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205 | | - | behavioral health and human services committee, the senate health and |
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206 | | - | human services committee, or their successor committees, and the joint |
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207 | | - | budget committee about how to provide necessary services for children and |
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208 | | - | PAGE 6-HOUSE BILL 22-1283 youth in need of residential care, including hospital step-down services on |
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209 | | - | an ongoing basis. |
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210 | | - | (9) This section is repealed, effective July 1, 2025 JULY 1, 2028. |
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211 | | - | SECTION 3. In Colorado Revised Statutes, 27-60-103, add (1.5) |
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212 | | - | as follows: |
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213 | | - | 27-60-103. Behavioral health crisis response system - services - |
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214 | | - | request for proposals - criteria - reporting - rules - definition - repeal. |
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215 | | - | (1.5) (a) B |
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216 | | - | EGINNING JANUARY 1, 2023, THE STATE DEPARTMENT SHALL |
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217 | | - | CREATE IN |
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218 | | - | -HOME AND RESIDENTIAL RESPITE CARE SERVICES AND FACILITIES |
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219 | | - | FOR CHILDREN AND FAMILIES IN UP TO SEVEN REGIONS OF THE STATE |
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220 | | - | , AS |
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221 | | - | DETERMINED BY THE STATE DEPARTMENT AND A COMMI TTEE OF INTERESTED |
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222 | | - | STAKEHOLDERS |
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223 | | - | . |
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| 14 | + | ONCERNING ENHANCED RESIDENTIA L SERVICES FOR PERSONS WITH101 |
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| 15 | + | BEHAVIORAL HEALTH |
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| 16 | + | NEEDS, AND, IN CONNECTION THEREWITH,102 |
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| 17 | + | MAKING AN APPROPRIATION .103 |
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| 18 | + | Bill Summary |
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| 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 |
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| 22 | + | applies to the reengrossed version of this bill will be available at |
---|
| 23 | + | http://leg.colorado.gov |
---|
| 24 | + | .) |
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| 25 | + | The bill implements the recommendations of the behavioral health |
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| 26 | + | transformational task force concerning youth and family residential care. |
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| 27 | + | Specifically, the bill: |
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| 28 | + | ! Creates in-home and residential respite care in 10-12 |
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| 29 | + | regions of the state for children and families; |
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| 30 | + | SENATE |
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| 31 | + | 3rd Reading Unamended |
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| 32 | + | May 9, 2022 |
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| 33 | + | SENATE |
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| 34 | + | Amended 2nd Reading |
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| 35 | + | May 6, 2022 |
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| 36 | + | HOUSE |
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| 37 | + | Amended 3rd Reading |
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| 38 | + | April 20, 2022 |
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| 39 | + | HOUSE |
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| 40 | + | Amended 2nd Reading |
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| 41 | + | April 19, 2022 |
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| 42 | + | HOUSE SPONSORSHIP |
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| 43 | + | Michaelson Jenet and Bradfield, Amabile, Gonzales-Gutierrez, Bacon, Benavidez, Bird, |
---|
| 44 | + | Boesenecker, Caraveo, Cutter, Daugherty, Esgar, Exum, Froelich, Garnett, Gray, Herod, |
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| 45 | + | Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie, McCormick, McLachlan, Mullica, Ortiz, |
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| 46 | + | Roberts, Sirota, Snyder, Sullivan, Titone, Valdez A., Valdez D., Weissman, Woodrow, Young |
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| 47 | + | SENATE SPONSORSHIP |
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| 48 | + | Buckner and Priola, Fenberg, Gonzales, Hansen, Lee, Simpson, Zenzinger |
---|
| 49 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
---|
| 50 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
---|
| 51 | + | Dashes through the words indicate deletions from existing statute. ! Provides operational support for psychiatric residential |
---|
| 52 | + | treatment facilities and qualified residential treatment |
---|
| 53 | + | programs for youth; and |
---|
| 54 | + | ! Provides funds to build and staff a neuro-psych facility at |
---|
| 55 | + | the Colorado mental health institute at Fort Logan. |
---|
| 56 | + | The bill requires the general assembly to appropriate money from |
---|
| 57 | + | the behavioral and mental health cash fund to the department of human |
---|
| 58 | + | services to implement the provisions of the bill. |
---|
| 59 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
---|
| 60 | + | SECTION 1. Legislative declaration. (1) The general assembly2 |
---|
| 61 | + | finds and declares that:3 |
---|
| 62 | + | (a) During the COVID-19 pandemic, children and youth faced4 |
---|
| 63 | + | unprecedented behavioral health challenges;5 |
---|
| 64 | + | (b) During this unprecedented time, children, youth, and their6 |
---|
| 65 | + | families may have lost access to, or needed increased availability of,7 |
---|
| 66 | + | behavioral and mental health care;8 |
---|
| 67 | + | (c) Since the COVID-19 pandemic began, rates of psychological9 |
---|
| 68 | + | distress among youth have increased, including symptoms of anxiety,10 |
---|
| 69 | + | depression, and other behavioral and mental health disorders;11 |
---|
| 70 | + | (d) Additional in-home and residential respite care services and12 |
---|
| 71 | + | facilities for children and families must be created in ten to twelve13 |
---|
| 72 | + | regions of the state to meet the increased need;14 |
---|
| 73 | + | (e) Funding for additional operational support is critical for15 |
---|
| 74 | + | psychiatric residential treatment facilities and qualified residential16 |
---|
| 75 | + | treatment programs for youth across the state;17 |
---|
| 76 | + | (f) It is crucial to begin the process of building and staffing a18 |
---|
| 77 | + | neuro-psych facility with a capacity of up to sixteen beds for youth less19 |
---|
| 78 | + | than twenty-one years of age at the Colorado mental health institute at20 |
---|
| 79 | + | Fort Logan; and21 |
---|
| 80 | + | 1283-2- (g) The federal government enacted the "American Rescue Plan1 |
---|
| 81 | + | Act of 2021" to provide support to state, local, and tribal governments in2 |
---|
| 82 | + | responding to the impact of the COVID-19 pandemic.3 |
---|
| 83 | + | (2) The general assembly further declares that:4 |
---|
| 84 | + | (a) Children, youth, and families have been disproportionately5 |
---|
| 85 | + | impacted by the COVID-19 pandemic and its negative public health6 |
---|
| 86 | + | impacts, especially the behavioral health of children, youth, and families.7 |
---|
| 87 | + | The programs and services funded by the federal money in this act are8 |
---|
| 88 | + | appropriate uses of the money transferred to Colorado under the9 |
---|
| 89 | + | "American Rescue Plan Act". This money will expand access to10 |
---|
| 90 | + | evidence-based treatment for behavioral health services, including11 |
---|
| 91 | + | additional in-home and residential respite care; operational support that12 |
---|
| 92 | + | is critical for psychiatric residential treatment facilities and qualified13 |
---|
| 93 | + | residential treatment programs for youth across the state; and building and14 |
---|
| 94 | + | staffing a neuro-psych facility with a capacity of up to sixteen beds for15 |
---|
| 95 | + | youth less than twenty-one years of age at the Colorado mental health16 |
---|
| 96 | + | institute at Fort Logan; and17 |
---|
| 97 | + | (b) The services described in this act are critical government18 |
---|
| 98 | + | services.19 |
---|
| 99 | + | SECTION 2. In Colorado Revised Statutes, add with amended20 |
---|
| 100 | + | and relocated provisions 26-5-116 as follows:21 |
---|
| 101 | + | 26-5-116. [Formerly 27-60-113] Out-of-home placement for22 |
---|
| 102 | + | children and youth with mental or behavioral needs - funding -23 |
---|
| 103 | + | report - rules - legislative declaration - repeal. (1) (a) The general24 |
---|
| 104 | + | assembly finds and declares that:25 |
---|
| 105 | + | (I) The COVID-19 pandemic has lead to an emergency need for26 |
---|
| 106 | + | increased placements for children and youth with behavioral or mental27 |
---|
| 107 | + | 1283 |
---|
| 108 | + | -3- health needs, including those involved with the child welfare system; and1 |
---|
| 109 | + | (II) As the state works to transition to the critical requirements of2 |
---|
| 110 | + | the federal "Family First Prevention Services Act", it must ensure a3 |
---|
| 111 | + | smooth transition by helping existing residential child care facilities4 |
---|
| 112 | + | transition to qualified residential treatment programs or psychiatric5 |
---|
| 113 | + | residential treatment facilities.6 |
---|
| 114 | + | (b) Therefore, the general assembly declares that the state should7 |
---|
| 115 | + | provide resources to qualified residential treatment programs, psychiatric8 |
---|
| 116 | + | residential treatment facilities, or therapeutic foster care providers to9 |
---|
| 117 | + | address this emergency situation and ensure there are high-quality10 |
---|
| 118 | + | providers available to meet these needs.11 |
---|
| 119 | + | (2) (a) On or before August 1, 2021, the state department shall12 |
---|
| 120 | + | develop a program to provide emergency resources to licensed providers13 |
---|
| 121 | + | to help remove barriers such providers face in serving children and youth14 |
---|
| 122 | + | whose behavioral or mental health needs require services and treatment15 |
---|
| 123 | + | in a residential child care facility. Any such licensed provider shall meet16 |
---|
| 124 | + | the requirements of a qualified residential treatment program, as defined17 |
---|
| 125 | + | in section 26-5.4-102; a psychiatric residential treatment facility, as18 |
---|
| 126 | + | defined in section 26-5.4-103 (19.5) SECTION 25.5-4-103 (19.5);19 |
---|
| 127 | + | TREATMENT FOSTER CARE; or therapeutic foster care. as defined in section20 |
---|
| 128 | + | 26-6-102 (39).21 |
---|
| 129 | + | (b) (I) BEGINNING JULY 1, 2022, THE STATE DEPARTMENT SHALL22 |
---|
| 130 | + | PROVIDE ONGOING OPERATIONAL SUPPORT FOR PSYCHIATRIC RESIDENTIAL23 |
---|
| 131 | + | TREATMENT FACILITIES, THERAPEUTIC FOSTER CARE, TREATMENT FOSTER24 |
---|
| 132 | + | CARE, AND QUALIFIED RESIDENTIAL TREATMENT PROGRAMS AS DESCRIBED25 |
---|
| 133 | + | IN SUBSECTION (2)(a) OF THIS SECTION.26 |
---|
| 134 | + | (II) FOR THE 2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY27 |
---|
| 135 | + | 1283 |
---|
| 136 | + | -4- SHALL APPROPRIATE MONEY FROM THE BEHAVIORAL AND MENTAL HEALTH1 |
---|
| 137 | + | CASH FUND CREATED IN SECTION 24-75-230 TO THE STATE DEPARTMENT2 |
---|
| 138 | + | TO FUND OPERATIONAL SUPPORT FOR PSYCHIATRIC RESIDENTIAL3 |
---|
| 139 | + | TREATMENT FACILITIES FOR YOUTH, QUALIFIED RESIDENTIAL TREATMENT4 |
---|
| 140 | + | PROGRAMS, THERAPEUTIC FOSTER CARE, AND TREATMENT FOSTER CARE5 |
---|
| 141 | + | FOR YOUTH ACROSS THE STATE AS DESCRIBED IN THIS SUBSECTION (2).6 |
---|
| 142 | + | (III) MONEY SPENT PURSUANT TO THIS SUBSECTION (2) MUST7 |
---|
| 143 | + | CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL8 |
---|
| 144 | + | "AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED.9 |
---|
| 145 | + | THE STATE DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH10 |
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| 146 | + | APPROPRIATION PRIOR TO DECEMBER 30, 2024, AND EXPEND THE11 |
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| 147 | + | APPROPRIATION ON OR BEFORE DECEMBER 31, 2026.12 |
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| 148 | + | (IV) THIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE SEPTEMBER13 |
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| 149 | + | 1, 2027.14 |
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| 150 | + | (c) THE STATE DEPARTMENT AND ANY PERSON WHO RECEIVES15 |
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| 151 | + | MONEY FROM THE STATE DEPARTMENT SHALL COMPLY WITH THE16 |
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| 152 | + | COMPLIANCE, REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION17 |
---|
| 153 | + | REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND18 |
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| 154 | + | BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION19 |
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| 155 | + | 24-75-226 (5).20 |
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| 156 | + | (3) The state department may promulgate rules concerning the21 |
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| 157 | + | placement of a child or youth in the program. The rules may address22 |
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| 158 | + | quality assurance monitoring, admissions, discharge planning, appropriate23 |
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| 159 | + | length of stay, an appeals process for children and youth who are24 |
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| 160 | + | determined ineligible for the program, and compliance with applicable25 |
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| 161 | + | federal law, including the federal "Family First Prevention Services Act";26 |
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| 162 | + | except that rules concerning the placement of a child or youth who is not27 |
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| 163 | + | 1283 |
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| 164 | + | -5- in the custody of a state or county department of human or social services1 |
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| 165 | + | shall MUST not inappropriately apply compliance with such act.2 |
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| 166 | + | (4) (a) On or before December 31, 2021, the state department shall3 |
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| 167 | + | contract with licensed providers for the delivery of services to children4 |
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| 168 | + | and youth who are determined eligible for and placed in the program. A5 |
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| 169 | + | provider that contracts with the state department shall not:6 |
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| 170 | + | (I) Deny admittance of a child or youth if the child or youth7 |
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| 171 | + | otherwise meets the eligibility criteria for the program; or8 |
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| 172 | + | (II) Discharge a child or youth based on the severity or complexity9 |
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| 173 | + | of the child CHILD'S or youth's physical, behavioral, or mental health10 |
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| 174 | + | needs; except that the state department may arrange for the placement of11 |
---|
| 175 | + | a child or youth with an alternate contracted provider if the placement12 |
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| 176 | + | with the alternate provider is better suited to deliver services that meet the13 |
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| 177 | + | needs of the child or youth.14 |
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| 178 | + | (b) The state department shall reimburse a provider directly for the15 |
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| 179 | + | costs associated with the placement of a child or youth in the program for16 |
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| 180 | + | the duration of the treatment, including the costs the provider17 |
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| 181 | + | demonstrates are necessary in order for the provider to operate18 |
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| 182 | + | continuously during this period.19 |
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| 183 | + | (c) The state department shall coordinate with the department of20 |
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| 184 | + | health care policy and financing to support continuity of care and21 |
---|
| 185 | + | payment for services for any children or youth placed in the program.22 |
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| 186 | + | (d) The state department shall reimburse the provider one hundred23 |
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| 187 | + | percent of the cost of unutilized beds in the program to ensure available24 |
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| 188 | + | space for emergency residential out-of-home placements.25 |
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| 189 | + | (5) (a) A hospital, health-care provider, provider of case26 |
---|
| 190 | + | management services, school district, managed care entity, or state or27 |
---|
| 191 | + | 1283 |
---|
| 192 | + | -6- county department of human or social services may refer a family for the1 |
---|
| 193 | + | placement of a child or youth in the program. The entity referring a child2 |
---|
| 194 | + | or youth for placement in the program shall submit or assist the family3 |
---|
| 195 | + | with submitting an application to the state department for review. The4 |
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| 196 | + | state department shall consider each application as space becomes5 |
---|
| 197 | + | available. The state department shall approve admissions into the program6 |
---|
| 198 | + | and determine admission and discharge criteria for placement.7 |
---|
| 199 | + | (b) The state department shall develop a discharge plan for each8 |
---|
| 200 | + | child or youth placed in the program. The plan must include the eligible9 |
---|
| 201 | + | period of placement of the child or youth and shall identify the entity that10 |
---|
| 202 | + | will be responsible for the placement costs if the child or youth remains11 |
---|
| 203 | + | with the provider beyond the date of eligibility identified in the plan.12 |
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| 204 | + | (c) The entity or family that places the child or youth in the13 |
---|
| 205 | + | program retains the right to remove the child or youth from the program14 |
---|
| 206 | + | any time prior to the discharge date specified by the state department.15 |
---|
| 207 | + | (6) Within seven days after submitting an application to the state16 |
---|
| 208 | + | department for placing a child or youth in the program, the state17 |
---|
| 209 | + | department shall work with the referring entity and the child's or youth's18 |
---|
| 210 | + | parents or legal guardians to ensure the child or youth is assessed for19 |
---|
| 211 | + | eligibility for enrollment into the state medical assistance program. A20 |
---|
| 212 | + | child or youth who is eligible for enrollment into the state medical21 |
---|
| 213 | + | assistance program shall be enrolled. Enrollment of a child or youth into22 |
---|
| 214 | + | the state medical assistance program does not constitute automatic23 |
---|
| 215 | + | placement into the program.24 |
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| 216 | + | (7) No later than November 1, 2022, 2023, and 2024 ON OR25 |
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| 217 | + | BEFORE NOVEMBER 1, 2023, AND EVERY NOVEMBER 1 THEREAFTER, the26 |
---|
| 218 | + | state department shall submit a written report to the house of27 |
---|
| 219 | + | 1283 |
---|
| 220 | + | -7- representatives public and behavioral health and human services1 |
---|
| 221 | + | committee, the senate health and human services committee, or their2 |
---|
| 222 | + | successor committees, and the joint budget committee. At a minimum, the3 |
---|
| 223 | + | report must include:4 |
---|
| 224 | + | (a) The number of applications received for placement of children5 |
---|
| 225 | + | and youth in the program;6 |
---|
| 226 | + | (b) The number of children and youth accepted for placement in7 |
---|
| 227 | + | the program;8 |
---|
| 228 | + | (c) The duration of each placement; and9 |
---|
| 229 | + | (d) The daily rate paid to each provider for placement of children10 |
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| 230 | + | and youth.11 |
---|
| 231 | + | (8) This section is intended to provide enhanced emergency12 |
---|
| 232 | + | services resulting from the increased need for services due to the13 |
---|
| 233 | + | COVID-19 pandemic. No later than September 30, 2024, the state14 |
---|
| 234 | + | department shall submit recommendations to the house of representatives15 |
---|
| 235 | + | public and behavioral health and human services committee, the senate16 |
---|
| 236 | + | health and human services committee, or their successor committees, and17 |
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| 237 | + | the joint budget committee about how to provide necessary services for18 |
---|
| 238 | + | children and youth in need of residential care, including hospital19 |
---|
| 239 | + | step-down services on an ongoing basis.20 |
---|
| 240 | + | (9) This section is repealed, effective July 1, 2025 JULY 1, 2028.21 |
---|
| 241 | + | SECTION 3. In Colorado Revised Statutes, 27-60-103, add (1.5)22 |
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| 242 | + | as follows:23 |
---|
| 243 | + | 27-60-103. Behavioral health crisis response system - services24 |
---|
| 244 | + | - request for proposals - criteria - reporting - rules - definition -25 |
---|
| 245 | + | repeal. (1.5) (a) B |
---|
| 246 | + | EGINNING JANUARY 1, 2023, THE STATE DEPARTMENT26 |
---|
| 247 | + | SHALL CREATE IN-HOME AND RESIDENTIAL RESPITE CARE SERVICES AND27 |
---|
| 248 | + | 1283 |
---|
| 249 | + | -8- FACILITIES FOR CHILDREN AND FAMILIES IN UP TO SEVEN REGIONS OF THE1 |
---|
| 250 | + | STATE, AS DETERMINED BY THE STATE DEPARTMENT AND A COMMITTEE OF2 |
---|
| 251 | + | INTERESTED STAKEHOLDERS .3 |
---|
312 | | - | HE DEPARTMENT OF HUMAN SERVICES AND ANY PERSON THAT |
---|
313 | | - | RECEIVES MONEY FROM THE DEPARTMENT OF HUMAN SERVICES SHALL |
---|
314 | | - | COMPLY WITH THE COMPLIANCE |
---|
315 | | - | , REPORTING, RECORD-KEEPING, AND |
---|
316 | | - | PROGRAM EVALUATION REQUIREMENTS ESTABLISHED BY THE OFFICE OF |
---|
317 | | - | STATE PLANNING AND BUDGETING AND THE STATE CONTROLLER IN |
---|
318 | | - | ACCORDANCE WITH SECTION |
---|
319 | | - | 24-75-226 (5). |
---|
320 | | - | (4) T |
---|
321 | | - | HIS SECTION IS KNOWN AS THE "ANDY CAMPOS-PADILLA ACT". |
---|
322 | | - | SECTION 6. In Colorado Revised Statutes, add 27-90-112 as |
---|
323 | | - | follows: |
---|
324 | | - | 27-90-112. Youth neuro-psych facility - funding - repeal. |
---|
325 | | - | (1) B |
---|
326 | | - | EGINNING JULY 1, 2022, THE DEPARTMENT OF HUMAN SERVICES SHALL |
---|
327 | | - | BEGIN THE PROCESS TO CREATE |
---|
328 | | - | , DEVELOP, OR CONTRACT FOR A |
---|
329 | | - | NEURO |
---|
330 | | - | -PSYCH FACILITY. THE NEURO-PSYCH FACILITY MUST HAVE A |
---|
331 | | - | CAPACITY OF AT LEAST SIXTEEN RESIDENTIAL BEDS FOR |
---|
332 | | - | COLORADO YOUTH |
---|
333 | | - | WHO ARE LESS THAN TWENTY |
---|
334 | | - | -ONE YEARS OF AGE. THE DEPARTMENT SHALL |
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335 | | - | DEVELOP AND IMPLEMENT ADMISSION CRITERIA THAT ENSURES THAT |
---|
336 | | - | COLORADO CHILDREN AND YOUTH , PRIOR TO BEING ADMITTED, HAVE BEEN |
---|
337 | | - | EVALUATED FOR THE LEAST RESTRICTIVE LEVEL OF CARE AND THAT |
---|
338 | | - | GEOGRAPHIC LOCATION |
---|
339 | | - | , CURRENT HEALTH-CARE PROVIDER, AND PAYER |
---|
340 | | - | TYPE ARE NOT THE PRIMARY DETERMINING FACTORS IN WHETHER A YOUTH |
---|
341 | | - | HAS ACCESS TO A BED AT THE NEURO |
---|
342 | | - | -PSYCH FACILITY. |
---|
343 | | - | (2) (a) (I) F |
---|
344 | | - | OR THE 2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY |
---|
345 | | - | SHALL APPROPRIATE MONEY FROM THE BEHAVIORAL AND MENTAL HEALTH |
---|
346 | | - | CASH FUND PURSUANT TO SECTION |
---|
347 | | - | 24-75-230 TO THE DEPARTMENT OF |
---|
348 | | - | HUMAN SERVICES TO FUND OPERATIONAL SUPPORT FOR PSYCHIATRIC |
---|
349 | | - | RESIDENTIAL TREATMENT FACILITIES FOR YOUTH AND QUALIFIED |
---|
350 | | - | RESIDENTIAL TREATMENT PROGRAMS FOR YOUTH ACROSS THE STATE AS |
---|
351 | | - | DESCRIBED IN THIS SUBSECTION |
---|
352 | | - | (2). |
---|
353 | | - | (II) M |
---|
354 | | - | ONEY SPENT PURSUANT TO THIS SUBSECTION (2) MUST |
---|
355 | | - | PAGE 9-HOUSE BILL 22-1283 CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL |
---|
356 | | - | "AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED. THE |
---|
357 | | - | DEPARTMENT OF HUMAN SERVICES SHALL EITHER SPEND OR OBLIGATE SUCH |
---|
358 | | - | APPROPRIATION PRIOR TO |
---|
359 | | - | DECEMBER 30, 2024, AND EXPEND THE |
---|
360 | | - | APPROPRIATION ON OR BEFORE |
---|
361 | | - | DECEMBER 31, 2026. |
---|
362 | | - | (b) T |
---|
363 | | - | HIS SUBSECTION (2) IS REPEALED, EFFECTIVE SEPTEMBER 1, |
---|
364 | | - | 2027. |
---|
365 | | - | (3) T |
---|
366 | | - | HE DEPARTMENT OF HUMAN SERVICES AND ANY PERSON THAT |
---|
367 | | - | RECEIVES MONEY FROM THE DEPARTMENT OF HUMAN SERVICES SHALL |
---|
368 | | - | COMPLY WITH THE COMPLIANCE |
---|
369 | | - | , REPORTING, RECORD-KEEPING, AND |
---|
370 | | - | PROGRAM EVALUATION REQUIREMENTS ESTABLISHED BY THE OFFICE OF |
---|
371 | | - | STATE PLANNING AND BUDGETING AND THE STATE CONTROLLER IN |
---|
372 | | - | ACCORDANCE WITH SECTION |
---|
373 | | - | 24-75-226 (5). |
---|
374 | | - | SECTION 7. Appropriation. For the 2022-23 state fiscal year, |
---|
375 | | - | $11,628,023 is appropriated to the department of human services for use by |
---|
376 | | - | the division of child welfare. This appropriation is from the behavioral and |
---|
377 | | - | mental health cash fund created in section 24-75-230 (2)(a), C.R.S., and is |
---|
378 | | - | of money the state received from the federal coronavirus state fiscal |
---|
379 | | - | recovery fund. The division may use this appropriation for respite and |
---|
380 | | - | residential programs. Any money appropriated in this section not expended |
---|
381 | | - | prior to July 1, 2023, is further appropriated to the division from July 1, |
---|
382 | | - | 2023, through December 30, 2024, for the same purpose. These |
---|
383 | | - | appropriations are based on the assumption that the office will require 4.0 |
---|
384 | | - | FTE in the 2022-23 state fiscal year and 4.0 FTE in the 2023-24 state fiscal |
---|
385 | | - | year to implement the act. |
---|
386 | | - | SECTION 8. Appropriation. (1) For the 2022-23 state fiscal year, |
---|
387 | | - | $7,500,000 is appropriated to the department of human services for use by |
---|
388 | | - | the behavioral health administration. This appropriation is from the |
---|
389 | | - | behavioral and mental health cash fund created in section 24-75-230 (2)(a), |
---|
390 | | - | C.R.S., and is of money the state received from the federal coronavirus state |
---|
391 | | - | fiscal recovery fund. Any money appropriated in this section not expended |
---|
392 | | - | prior to July 1, 2023, is further appropriated to the administration from July |
---|
393 | | - | 1, 2023, through December 30, 2024, for the same purpose. To implement |
---|
394 | | - | this act, the department may use this appropriation as follows: |
---|
395 | | - | (a) $5,000,000 to expand substance use residential treatment beds |
---|
396 | | - | PAGE 10-HOUSE BILL 22-1283 for adolescents pursuant to section 27-80-127, C.R.S.; and |
---|
397 | | - | (b) $2,500,000 for crisis response system services. |
---|
398 | | - | SECTION 9. Appropriation. For the 2022-23 state fiscal year, |
---|
399 | | - | $539,926 is appropriated to the department of human services for use by the |
---|
400 | | - | office of behavioral health. This appropriation is from the behavioral and |
---|
401 | | - | mental health cash fund created in section 24-75-230 (2)(a), C.R.S., and is |
---|
402 | | - | of money the state received from the federal coronavirus state fiscal |
---|
403 | | - | recovery fund. The office may use this appropriation for building |
---|
404 | | - | maintenance costs associated with the youth neuro-psych facility at the |
---|
405 | | - | Colorado mental health institute at Fort Logan established pursuant to |
---|
406 | | - | section 27-94-107, C.R.S. Any money appropriated in this section not |
---|
407 | | - | expended prior to July 1, 2023, is further appropriated to the administration |
---|
408 | | - | from July 1, 2023, through December 30, 2024, for the same purpose. |
---|
409 | | - | SECTION 10. Capital construction appropriation. For the |
---|
410 | | - | 2022-23 state fiscal year, $35,000,000 is appropriated to the department of |
---|
411 | | - | human services. This appropriation is from the behavioral and mental health |
---|
412 | | - | cash fund created in section 24-75-230 (2)(a), C.R.S., and is of money the |
---|
413 | | - | state received from the federal coronavirus state fiscal recovery fund. To |
---|
414 | | - | implement this act, the department may use this appropriation for capital |
---|
415 | | - | construction related to the construction of a neuro-psych facility at the |
---|
416 | | - | Colorado mental health institute at Fort Logan. Any money appropriated in |
---|
417 | | - | this section not expended prior to July 1, 2023, is further appropriated to the |
---|
418 | | - | administration from July 1, 2023, through December 30, 2024, for the same |
---|
419 | | - | purpose. |
---|
420 | | - | SECTION 11. Safety clause. The general assembly hereby finds, |
---|
421 | | - | PAGE 11-HOUSE BILL 22-1283 determines, and declares that this act is necessary for the immediate |
---|
422 | | - | preservation of the public peace, health, or safety. |
---|
423 | | - | ____________________________ ____________________________ |
---|
424 | | - | Alec Garnett Steve Fenberg |
---|
425 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
426 | | - | OF REPRESENTATIVES THE SENATE |
---|
427 | | - | ____________________________ ____________________________ |
---|
428 | | - | Robin Jones Cindi L. Markwell |
---|
429 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
---|
430 | | - | OF REPRESENTATIVES THE SENATE |
---|
431 | | - | APPROVED________________________________________ |
---|
432 | | - | (Date and Time) |
---|
433 | | - | _________________________________________ |
---|
434 | | - | Jared S. Polis |
---|
435 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
436 | | - | PAGE 12-HOUSE BILL 22-1283 |
---|
| 369 | + | HE DEPARTMENT OF HUMAN SERVICES AND ANY PERSON THAT21 |
---|
| 370 | + | RECEIVES MONEY FROM THE DEPARTMENT OF HUMAN SERVICES SHALL22 |
---|
| 371 | + | COMPLY WITH THE COMPLIANCE , REPORTING, RECORD-KEEPING, AND23 |
---|
| 372 | + | PROGRAM EVALUATION REQUIREMENTS ESTABLISHED BY THE OFFICE OF24 |
---|
| 373 | + | STATE PLANNING AND BUDGETING AND THE STATE CONTROLLER IN25 |
---|
| 374 | + | ACCORDANCE WITH SECTION 24-75-226 (5).26 |
---|
| 375 | + | SECTION 7. Appropriation. For the 2022-23 state fiscal year,27 |
---|
| 376 | + | 1283 |
---|
| 377 | + | -12- $11,628,023 is appropriated to the department of human services for use1 |
---|
| 378 | + | by the division of child welfare. This appropriation is from the behavioral2 |
---|
| 379 | + | and mental health cash fund created in section 24-75-230 (2)(a), C.R.S.,3 |
---|
| 380 | + | and is of money the state received from the federal coronavirus state4 |
---|
| 381 | + | fiscal recovery fund. The division may use this appropriation for respite5 |
---|
| 382 | + | and residential programs. Any money appropriated in this section not6 |
---|
| 383 | + | expended prior to July 1, 2023, is further appropriated to the division7 |
---|
| 384 | + | from July 1, 2023, through December 30, 2024, for the same purpose.8 |
---|
| 385 | + | These appropriations are based on the assumption that the office will9 |
---|
| 386 | + | require 4.0 FTE in the 2022-23 state fiscal year and 4.0 FTE in the10 |
---|
| 387 | + | 2023-24 state fiscal year to implement the act.11 |
---|
| 388 | + | SECTION 8. Appropriation. (1) For the 2022-23 state fiscal12 |
---|
| 389 | + | year, $7,500,000 is appropriated to the department of human services for13 |
---|
| 390 | + | use by the behavioral health administration. This appropriation is from the14 |
---|
| 391 | + | behavioral and mental health cash fund created in section 24-75-23015 |
---|
| 392 | + | (2)(a), C.R.S., and is of money the state received from the federal16 |
---|
| 393 | + | coronavirus state fiscal recovery fund. Any money appropriated in this17 |
---|
| 394 | + | section not expended prior to July 1, 2023, is further appropriated to the18 |
---|
| 395 | + | administration from July 1, 2023, through December 30, 2024, for the19 |
---|
| 396 | + | same purpose. To implement this act, the department may use this20 |
---|
| 397 | + | appropriation as follows:21 |
---|
| 398 | + | (a) $5,000,000 to expand substance use residential treatment beds22 |
---|
| 399 | + | for adolescents pursuant to section 27-80-127, C.R.S.; and23 |
---|
| 400 | + | (b) $2,500,000 for crisis response system services.24 |
---|
| 401 | + | SECTION 9. Appropriation. For the 2022-23 state fiscal year,25 |
---|
| 402 | + | $539,926 is appropriated to the department of human services for use by26 |
---|
| 403 | + | the office of behavioral health. This appropriation is from the behavioral27 |
---|
| 404 | + | 1283 |
---|
| 405 | + | -13- and mental health cash fund created in section 24-75-230 (2)(a), C.R.S.,1 |
---|
| 406 | + | and is of money the state received from the federal coronavirus state2 |
---|
| 407 | + | fiscal recovery fund. The office may use this appropriation for building3 |
---|
| 408 | + | maintenance costs associated with the youth neuro-psych facility at the4 |
---|
| 409 | + | Colorado mental health institute at Fort Logan established pursuant to5 |
---|
| 410 | + | section 27-94-107, C.R.S. Any money appropriated in this section not6 |
---|
| 411 | + | expended prior to July 1, 2023, is further appropriated to the7 |
---|
| 412 | + | administration from July 1, 2023, through December 30, 2024, for the8 |
---|
| 413 | + | same purpose.9 |
---|
| 414 | + | SECTION 10. Capital construction appropriation. For the10 |
---|
| 415 | + | 2022-23 state fiscal year, $35,000,000 is appropriated to the department11 |
---|
| 416 | + | of human services. This appropriation is from the behavioral and mental12 |
---|
| 417 | + | health cash fund created in section 24-75-230 (2)(a), C.R.S., and is of13 |
---|
| 418 | + | money the state received from the federal coronavirus state fiscal14 |
---|
| 419 | + | recovery fund. To implement this act, the department may use this15 |
---|
| 420 | + | appropriation for capital construction related to the construction of a16 |
---|
| 421 | + | neuro-psych facility at the Colorado mental health institute at Fort Logan.17 |
---|
| 422 | + | Any money appropriated in this section not expended prior to July 1,18 |
---|
| 423 | + | 2023, is further appropriated to the administration from July 1, 2023,19 |
---|
| 424 | + | through December 30, 2024, for the same purpose.20 |
---|
| 425 | + | SECTION 11. Safety clause. The general assembly hereby finds,21 |
---|
| 426 | + | determines, and declares that this act is necessary for the immediate22 |
---|
| 427 | + | preservation of the public peace, health, or safety.23 |
---|
| 428 | + | 1283 |
---|
| 429 | + | -14- |
---|