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-