Colorado 2022 2022 Regular Session

Colorado House Bill HB1302 Introduced / Bill

Filed 03/16/2022

                    Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 22-0815.01 Shelby Ross x4510
HOUSE BILL 22-1302
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING HEALTH-CARE PRACTICE TRANSFORMATION TO SUPPORT101
WHOLE-PERSON HEALTH THROUGH INTEGRATED CARE MODELS ,102
AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
The bill creates the primary care and behavioral health statewide
integration grant program in the department of health care policy and
financing to provide grants to primary care clinics for implementation of
evidence-based clinical integration care models.
The bill requires the department of health care policy and
HOUSE SPONSORSHIP
Kennedy and Will, Amabile, Gonzales-Gutierrez, Michaelson Jenet
SENATE SPONSORSHIP
Jaquez Lewis and Priola, 
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. financing, in collaboration with the behavioral health administration and
other agencies, to develop a universal contract for behavioral health
services.
The bill makes an appropriation.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1)  The general assembly2
finds and declares that:3
(a)  Since the COVID-19 pandemic began, rates of psychological4
distress, including anxiety, depression, and other behavioral and mental5
health disorders, among them substance use disorders, have increased;6
(b)  From 2015 to 2019, Colorado's state innovation model used7
federal grant funding to support 344 primary care practices and four8
community mental health centers to integrate behavioral and physical9
health care, build a network of regional health connectors that links10
practices with community resources, and advance the development of11
value-based payment structures;12
(c)  A federal evaluation showed that Colorado's practice13
transformation program was associated with greater access to behavioral14
health care and fewer behavioral-health-related emergency visits;15
(d)  Efforts to continue the progress of the state innovation model16
have continued, but too few Coloradans have access to behavioral health17
services, and even fewer have access to these services in their primary18
care provider's office;19
(e)  The federal government enacted the "American Rescue Plan20
Act of 2021" (ARPA), Pub.L. 117-2, to provide support to state, local,21
and tribal governments in responding to the impact of the COVID-1922
pandemic; and23
HB22-1302-2- (f)  Regulations construing ARPA promulgated by the federal1
department of treasury identify a nonexclusive list of uses for the2
COVID-19 pandemic and its negative public health impacts.3
(2)  Therefore, the general assembly declares that:4
(a)  Investments in practice transformation, including behavioral5
health integration, will increase access to behavioral health-care services6
for Coloradans struggling due to the public health emergency; and7
(b)  The programs and services funded by the federal money in this8
act are important government services and appropriate uses of the money9
transferred to Colorado under ARPA.10
SECTION 2. In Colorado Revised Statutes, add 25.5-5-332 as11
follows:12
25.5-5-332.  Primary care and behavioral health statewide13
integration grant program - creation - report - definition - repeal.14
(1)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE15
REQUIRES, "GRANT PROGRAM " MEANS THE PRIMARY CARE AND16
BEHAVIORAL HEALTH STATEWIDE INTEGRATION GRANT PROGRAM17
CREATED IN SUBSECTION (2) OF THIS SECTION.18
(2)  T
HERE IS CREATED IN THE STATE DEPARTMENT THE PRIMARY19
CARE AND BEHAVIORAL HEALTH STATEWIDE INTEGRATION GRANT20
PROGRAM TO PROVIDE GRANTS TO PHYSICAL AND BEHAVIORAL HEALTH21
CARE PROVIDERS FOR IMPLEMENTATION OF EVIDENCE -BASED CLINICAL22
INTEGRATION CARE MODELS, AS DEFINED BY THE STATE DEPARTMENT , IN23
COLLABORATION WITH THE BEHAVIORAL HEALTH ADMINISTRATION IN THE24
DEPARTMENT OF HUMAN SERVICES .25
(3) (a)  G
RANT RECIPIENTS MAY USE THE MONEY RECEIVED26
THROUGH THE GRANT PROGRAM FOR THE FOLLOWING PURPOSES :27
HB22-1302
-3- (I)  DEVELOPING INFRASTRUCTURE FOR PRIMARY CARE , PEDIATRIC,1
AND BEHAVIORAL HEALTH -CARE PROVIDERS TO BETTER SERVE2
INDIVIDUALS WITH BEHAVIORAL HEALTH NEEDS IN OUTPATIENT HEALTH3
CARE SETTINGS;4
(II)  I
NCREASING ACCESS TO QUALITY HEALTH CARE FOR5
INDIVIDUALS WITH BEHAVIORAL HEALTH NEEDS ;6
(III)  I
NVESTING IN EARLY INTERVENTIONS FOR CHILDREN , YOUTH,7
AND ADULTS THAT REDUCE ESCALATION AND EXACERBATION OF8
BEHAVIORAL HEALTH CONDITIONS ;9
(IV)  A
DDRESSING THE NEED TO EXPAND THE BEHAVIORAL10
HEALTH-CARE WORKFORCE; AND11
(V)  D
EVELOPING AND IMPLEMENTING ALTERNATIVE PAYMENT12
MODELS.13
(b)  A
NY MONEY RECEIVED THROUGH THE GRANT PROGRAM MUST14
SUPPLEMENT AND NOT SUPPLANT EXISTING HEALTH -CARE SERVICES.15
G
RANT RECIPIENTS SHALL NOT USE MONEY RECEIVED THROUGH THE16
GRANT PROGRAM FOR:17
(I)  O
NGOING OR EXISTING EXECUTIVE AND SENIOR STAFF18
SALARIES;19
(II)  S
ERVICES ALREADY COVERED BY MEDICAID OR A CLIENT 'S20
INSURANCE; OR21
(III)  O
NGOING OR EXISTING ELECTRONIC HEALTH RECORDS COSTS .22
(c) (I)  I
F A GRANT RECIPIENT IS A HOSPITAL -OWNED OR23
HOSPITAL-AFFILIATED PRACTICE THAT IS NOT PART OF A HOSPITAL SYSTEM24
AND HAS LESS THAN TEN PERCENT TOTAL PROFIT AS MEASURED BY STATE25
DEPARTMENT TRANSPARENCY REPORTING , THE GRANT RECIPIENT SHALL26
PROVIDE A TWENTY-FIVE PERCENT MATCH FOR THE AWARDED AMOUNT .27
HB22-1302
-4- THE GRANT RECIPIENT MAY USE COMMUNITY BENEFIT FUNDS , IN-KIND1
PERSONNEL TIME, OR FEDERAL RELIEF FUNDING FOR THE TWENTY -FIVE2
PERCENT MATCH REQUIRED PURSUANT TO THIS SUBSECTION (3)(c)(I).3
(II)  I
F A GRANT RECIPIENT IS A HOSPITAL -OWNED OR4
HOSPITAL-AFFILIATED PRACTICE THAT IS NOT PART OF A HOSPITAL SYSTEM5
AND HAS TEN PERCENT OR MORE TOTAL PROFIT AS MEASURED BY STATE6
DEPARTMENT TRANSPARENCY REPORTING , THE GRANT RECIPIENT SHALL7
PROVIDE A FIFTY PERCENT MATCH FOR THE AWARDED AMOUNT . THE8
GRANT RECIPIENT MAY USE COMMUNITY BENEFIT FUNDS , IN-KIND9
PERSONNEL TIME, OR FEDERAL RELIEF FUNDING FOR THE FIFTY PERCENT10
MATCH REQUIRED PURSUANT TO THIS SUBSECTION (3)(c)(II).11
(d)  T
HE STATE DEPARTMENT MAY PROVIDE FUNDING TO PHYSICAL12
AND BEHAVIORAL HEALTH-CARE PROVIDERS THROUGH INFRASTRUCTURE13
BUILDING AND POPULATION-BASED PAYMENT MECHANISMS .14
(e)  G
RANT RECIPIENTS SHALL PARTICIPATE IN TECHNICAL15
ASSISTANCE EDUCATION AND TRAINING AND RELATED WORKGROUPS AS16
DETERMINED BY THE STATE DEPARTMENT .17
(4) (a)  T
HE STATE DEPARTMENT SHALL ADMINISTER THE GRANT18
PROGRAM AND, SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD19
GRANTS AS PROVIDED IN THIS SECTION . SUBJECT TO AVAILABLE20
APPROPRIATIONS, GRANTS SHALL BE PAID OUT OF THE BEHAVIORAL AND21
MENTAL HEALTH CASH FUND CREATED IN SECTION 24-75-230.22
(b)  I
N ORDER TO SUPPORT REAL -TIME TRANSFORMATION AND23
ACCESS TO CARE, THE STATE DEPARTMENT SHALL ENSURE TIMELY24
PAYMENT TO GRANT RECIPIENTS FOR SERVICES RELATED TO THE GRANT25
PROGRAM.26
(5)  G
RANT APPLICANTS SHALL DEMONSTRATE A COMMITMENT TO27
HB22-1302
-5- MAINTAINING MODELS AND PROGRAMS THAT , AT A MINIMUM:1
(a)  M
EASURABLY INCREASE ACCESS TO BEHAVIORAL HEALTH2
SCREENING, REFERRAL, TREATMENT, AND RECOVERY CARE;3
(b)  I
MPLEMENT OR EXPAND EVIDENCE -BASED MODELS FOR4
INTEGRATION;5
(c)  L
EVERAGE MULTIDISCIPLINARY TREATMENT TEAMS ;6
(d)  S
ERVE PUBLICLY FUNDED CLIENTS;7
(e)  M
AINTAIN A PLAN FOR HOW TO ADDRESS A CLIENT WITH8
EMERGENCY NEEDS;9
(f)  M
AINTAIN A PLAN FOR HOW TECHNOLOGY WILL BE LEVERAGED10
FOR WHOLE-PERSON CARE, WHICH MAY INCLUDE PLANS FOR DATA11
SECURITY, ELECTRONIC HEALTH RECORDS REFORMS , AND TELEHEALTH12
IMPLEMENTATION OR EXPANSION ; AND13
(g)  I
MPLEMENT OR ENGAGE IN STATE -DEPARTMENT-SPECIFIED14
TOOLS AND SHARED LEARNING AND RESOURCES , INCLUDING BUT NOT15
LIMITED TO:16
(I)  P
EER LEARNING COLLABORATIVES TO DEVELOP SUSTAINABLE17
POPULATION-BASED PAYMENT MODELS LED BY THE STATE DEPARTMENT ;18
(II)  U
SE OF ELECTRONIC TOOLS FOR SCREENING AND REFERRALS ;19
AND20
(III)  D
ATA-SHARING BEST PRACTICES.21
(6)  I
N SELECTING GRANT RECIPIENTS, THE STATE DEPARTMENT22
SHALL PRIORITIZE APPLICANTS THAT MEET AS MANY OF THE FOLLOWING23
CRITERIA AS POSSIBLE:24
(a)  S
ERVE INDIVIDUALS WITH CO-OCCURRING AND COMPLEX CARE25
NEEDS;26
(b)  S
ERVE CHILDREN AND YOUTH IN A PEDIATRIC PRACTICE ;27
HB22-1302
-6- (c)  INCLUDE OPPORTUNITIES TO BUILD OUT COMMUNITY HEALTH1
WORKER, BEHAVIORAL HEALTH AIDE, OR SIMILAR PROGRAMS, SUPPORTED2
BY POPULATION-BASED PAYMENTS;3
(d)  S
ERVE PRIORITY POPULATIONS, INCLUDING, BUT NOT LIMITED4
TO, HISTORICALLY MARGINALIZED , UNDERSERVED COMMUNITIES AND5
OTHER POPULATIONS, AS DETERMINED BY THE STATE DEPARTMENT IN6
COLLABORATION WITH THE BEHAVIORAL HEALTH ADMINISTRATION IN THE7
DEPARTMENT OF HUMAN SERVICES ;8
(e)  I
NCLUDE WORKFORCE CAPACITY -BUILDING COMPONENTS;9
(f)  I
NCLUDE HIGH-INTENSITY OUTPATIENT SERVICES;10
(g)  I
MPROVE DATA EXCHANGE AND DATA INTEGRATION THAT11
SUPPORTS WHOLE-PERSON CARE;12
(h)  U
TILIZE TELEHEALTH;13
(i)  A
LIGN WITH OR PARTICIPATE IN COMMERCIAL ALTERNATIVE14
PAYMENT MODELS;15
(j)  D
EMONSTRATE COMMUNITY PARTNERSHIPS ; OR16
(k)  P
ARTICIPATE IN THE REGIONAL HEALTH CONNECTOR17
WORKFORCE PROGRAM CREATED IN SECTION 23-21-901.18
(7) (a)  T
HE STATE DEPARTMENT SHALL ESTABLISH A SET OF19
STATEWIDE RESOURCES TO SUPPORT GRANT RECIPIENTS	. AT A MINIMUM,20
THE RESOURCES MUST INCLUDE :21
(I)  A
 CLINICAL CONSULTATION AND PRACTICE TRANSFORMATION22
TEAM; AND23
(II)  A
 SUSTAINABLE BILLING AND DATA PARTNERSHIP TEAM THAT24
WILL TRAIN AND SUPPORT GRANT RECIPIENTS IN MEETING STANDARDS FOR25
ALTERNATIVE PAYMENT MODELS AND CREATING AND IMPLEMENTING26
DATA-SHARING PRACTICES AND POLICIES THAT SUPPORT MENTAL HEALTH27
HB22-1302
-7- DISORDERS, SUBSTANCE USE DISORDERS, AND CO-OCCURRING DISORDERS.1
(b)  T
HE STATE DEPARTMENT MAY ENTER INTO INTERAGENCY2
AGREEMENTS OR PROCURE CONTRACTS TO ESTABLISH THE RESOURCES3
PURSUANT TO THIS SUBSECTION (7).4
(8)  T
HE STATE DEPARTMENT MAY PROCURE A GRANT APPLICATION5
AND SUPPORT TEAM TO ASSIST THE STATE DEPARTMENT WITH DRAFTING6
THE GRANT APPLICATION, REVIEWING APPLICATIONS, AND ADMINISTERING7
AND PROCESSING GRANT AWARDS .8
(9)  A
 GRANT RECIPIENT SHALL SPEND OR OBLIGATE ANY MONEY9
RECEIVED PURSUANT TO THIS SECTION NO LATER THAN DECEMBER 31,10
2024.
 ANY MONEY A GRANT RECIPIENT OBLIGATES MUST BE EXPENDED NO11
LATER THAN DECEMBER 31, 2026.12
(10) (a)  T
HE STATE DEPARTMENT SHALL ESTABLISH A STEERING13
COMMITTEE TO:14
(I)  P
ROVIDE CONTINUOUS INPUT INTO GRANT APPLICATION15
REQUIREMENTS;16
(II)  P
ROVIDE FEEDBACK AND DIRECTION ON DATA COLLECTION17
STANDARDS AND REVIEW ; AND18
(III)  E
NGAGE WITH COMMUNITY PARTNERS WHO WILL HELP19
SUPPORT THE INTEGRATED CARE PRACTICES THROUGH REFERRALS AND20
TRUSTED COMMUNICATIONS .21
(b)  T
HE STATE DEPARTMENT SHALL SELECT A STATE DEPARTMENT22
EMPLOYEE TO CHAIR THE STEERING COMMITTEE , STAFF THE STEERING23
COMMITTEE, AND REIMBURSE ANY PARTICIPANT WHO IS NOT A STATE24
EMPLOYEE FOR REASONABLE TRAVEL EXPENSES .25
(11)  T
HE STATE DEPARTMENT SHALL , IN COLLABORATION WITH26
THE BEHAVIORAL HEALTH ADMINISTRATION AND THE DIVISION OF27
HB22-1302
-8- INSURANCE, PREPARE A REPORT THAT INCLUDES RECOMMENDATIONS ON1
BEST PRACTICES FOR SUSTAINING INTEGRATED CARE MODELS . IN2
PREPARING THE REPORT, THE STATE DEPARTMENT SHALL COLLECT DATA3
FROM EACH GRANT RECIPIENT RELATED TO CLINICAL QUALITY4
IMPROVEMENT AND ACCESS TO CARE . GRANT RECIPIENTS SHALL PROVIDE5
DATA TO THE STATE DEPARTMENT IN A TIMELY MANNER , AS DETERMINED6
BY THE STATE DEPARTMENT. THE STATE DEPARTMENT IS AUTHORIZED TO7
RECOUP OR DISCONTINUE GRANT FUNDING FOR GRANT RECIPIENTS THAT8
DO NOT COMPLY WITH THE DATA REPORTING REQUIREMENTS OR GRANT9
STANDARDS SET BY THE STATE DEPARTMENT .10
(12)  T
HE STATE DEPARTMENT AND ANY PERSON WHO RECEIVES11
MONEY FROM THE STATE DEPARTMENT PURSUANT TO THIS SECTION SHALL12
COMPLY WITH THE COMPLIANCE , REPORTING, RECORD-KEEPING, AND13
PROGRAM EVALUATION REQUIREMENTS ESTABLISHED BY THE OFFICE OF14
STATE PLANNING AND BUDGETING AND THE STATE CONTROLLER IN15
ACCORDANCE WITH SECTION 24-75-226 (5).16
(13)  T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.17
SECTION 3. In Colorado Revised Statutes, 25.5-5-402, add (3.5)18
as follows:19
25.5-5-402.  Statewide managed care system - rules - definition20
- repeal. (3.5) (a)  N
O LATER THAN JULY 1, 2023, THE STATE21
DEPARTMENT, IN COLLABORATION WITH THE BEHAVIORAL HEALTH22
ADMINISTRATION IN THE DEPARTMENT OF HUMAN SERVICES AND OTHER23
STATE AGENCIES, SHALL DEVELOP THE UNIVERSAL CONTRACT AS24
DESCRIBED IN SECTION 27-50-203.25
(b) (I)  F
OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL26
ASSEMBLY SHALL APPROPRIATE THREE MILLION DOLLARS FROM THE27
HB22-1302
-9- BEHAVIORAL AND MENTAL HEALTH CASH FUND , CREATED IN SECTION1
24-75-230,
 TO THE STATE DEPARTMENT FOR THE DEVELOPMENT ,2
IMPLEMENTATION, AND ADMINISTRATION OF THE UNIVERSAL CONTRACT .3
(II)  T
HIS SUBSECTION (3.5)(b) IS REPEALED, EFFECTIVE JULY 1,4
2024.5
SECTION 4. Appropriation. For the 2022-23 state fiscal year,6
$32,000,000 is appropriated to the department of health care policy and7
financing. This appropriation is from the behavioral and mental health8
cash fund created in section 24-75-230, C.R.S. To implement this act, the9
department may use this appropriation for the primary care and behavioral10
health statewide integration grant program.11
SECTION 5. Effective date. This act takes effect upon passage;12
except that section 3 of this act takes effect only if House Bill 22-127813
becomes law, in which case section 3 takes effect either upon the14
effective date of this act or House Bill 22-1278, whichever is later.15
SECTION 6. Safety clause. The general assembly hereby finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety.18
HB22-1302
-10-