First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0853.01 Shelby Ross x4510
HOUSE BILL 23-1236
House Committees Senate Committees
Public & Behavioral Health & Human Services Health & Human Services
A BILL FOR AN ACT
C
ONCERNING IMPLEMENTATION UPDATES TO THE BEHAVIORAL101
HEALTH ADMINISTRATION , AND, IN CONNECTION THEREWITH
102
MAKING AND REDUCING 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
.)
Sections 1, 5, 13, and 22 transfer administrative responsibilities
from the behavioral health administration (BHA) to the department of
human services (department).
Section 2, 3, 11, and 12 transfer administrative responsibilities
from the office of behavioral health (OBH) to the department.
SENATE
3rd Reading Unamended
May 2, 2023
SENATE
Amended 2nd Reading
May 1, 2023
HOUSE
3rd Reading Unamended
April 11, 2023
HOUSE
Amended 2nd Reading
April 10, 2023
HOUSE SPONSORSHIP
Young and Amabile, Bacon, Bird, Boesenecker, Brown, Dickson, Duran, Froelich,
Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Lieder, Lindsay, Marshall, McCluskie,
McCormick, McLachlan, Michaelson Jenet, Ortiz, Sharbini, Snyder, Story, Velasco
SENATE SPONSORSHIP
Kolker and Simpson, Cutter, Exum, Ginal, Hansen, Jaquez Lewis, Marchman, Pelton B.,
Priola, Winter F.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Sections 4, 10, 24, 26, and 27 transfer administrative
responsibilities from OBH to the BHA.
Section 6 transfers administrative responsibilities from the
department to the BHA.
Section 7 repeals OBH as an office in the department.
Section 8 requires the chief information officer of the office of
information technology to invite the commissioner of the BHA to select
a member to represent the BHA on the government data advisory board.
Section 9 adds the commissioner of the BHA to the health equity
commission.
Section 15 states that the BHA is a health oversight agency
charged with overseeing the behavioral health-care system in Colorado
and discharging the BHA's duties.
Section 16 authorizes the BHA to seek, accept, and expend gifts,
grants, or donations for the purpose of administering any behavioral
health program and service.
Section 17 requires a behavioral health safety net provider to
include services that address the necessary language and cultural barriers
to serve communities of color and other underserved populations.
Current law requires the BHA to create one regional subcommittee
of the advisory council for each behavioral health administrative services
organization region. Section 18 requires the BHA to create a regional
subcommittee structure of the advisory council that is not limited by the
behavioral health administrative services organization region.
To implement the care navigation program, Section 19 requires the
BHA to provide, directly or through contract, care navigation services and
align the care navigation services with the care coordination
infrastructure.
Section 20 continuously appropriates money to the 988 crisis
hotline cash fund.
Current law specifies the rights of a person detained by a certified
peace officer or emergency medical services provider and transported to
an outpatient mental health facility or facility designated by the
commissioner of the BHA. Section 21 expands the rights to any person
detained whether or not the person is transported to an outpatient mental
health facility or facility designated by the commissioner of the BHA.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-8.5-111, amend2
(2)(b)(II)(B) as follows:3
16-8.5-111. Procedure after determination of competency or4
1236-2- incompetency. (2) If the final determination made pursuant to section1
16-8.5-103 is that the defendant is incompetent to proceed, the court has2
the following options:3
(b) (II) (B) As a condition of bond, the court shall order that the4
restoration take place on an outpatient basis. Pursuant to section5
27-60-105, the behavioral health administration in the department is the6
entity responsible for the oversight of restoration education and7
coordination of all competency restoration services. As a condition of8
release for outpatient restoration services, the court may require pretrial9
services, if available, to work with the behavioral health administration10
DEPARTMENT and the restoration services provider under contract with the11
behavioral health administration DEPARTMENT to assist in securing12
appropriate support and care management services, which may include13
housing resources. The individual agency responsible for providing14
outpatient restoration services for the defendant shall notify the court or15
other designated agency within twenty-one days if restoration services16
have not commenced.17
SECTION 2. In Colorado Revised Statutes, 16-11.9-204, amend18
as it exists until July 1, 2024, (1)(f)(III) introductory portion as follows:19
16-11.9-204. Behavioral health court liaisons - duties and20
responsibilities - consultation and collaboration. (1) A court liaison21
hired pursuant to this part 2 has the following duties and responsibilities:22
(f) Identifying existing programs and resources that are already23
available in the community, including, but not limited to:24
(III) Community mental health centers and other local community25
behavioral health providers that receive state funding through the office26
of behavioral health DEPARTMENT OF HUMAN SERVICES for services such27
1236
-3- as:1
SECTION 3. In Colorado Revised Statutes, 16-11.9-204, amend2
as it becomes effective July 1, 2024, (1)(f)(III) introductory portion as3
follows:4
16-11.9-204. Behavioral health court liaisons - duties and5
responsibilities - consultation and collaboration. (1) A court liaison6
hired pursuant to this part 2 has the following duties and responsibilities:7
(f) Identifying existing programs and resources that are already8
available in the community, including but not limited to:9
(III) Behavioral health safety net providers and other local10
community behavioral health providers that receive state funding through11
the office of behavioral health DEPARTMENT OF HUMAN SERVICES for12
services such as:13
SECTION 4. In Colorado Revised Statutes, 16-13-311, amend14
(3)(a)(VII)(B) as follows:15
16-13-311. Disposition of seized personal property. (3) (a) If16
the prosecution prevails in the forfeiture action, the court shall order the17
property forfeited. Such order perfects the state's right and interest in and18
title to such property and relates back to the date when title to the property19
vested in the state pursuant to section 16-13-316. Except as otherwise20
provided in subsection (3)(c) of this section, the court shall also order21
such property to be sold at a public sale by the law enforcement agency22
in possession of the property in the manner provided for sales on23
execution, or in another commercially reasonable manner. Property24
forfeited pursuant to this section or proceeds therefrom must be25
distributed or applied in the following order:26
(VII) The balance must be delivered, upon order of the court, as27
1236
-4- follows:1
(B) Twenty-five percent to the behavioral health administrative2
services organization contracting with the office of behavioral health3
ADMINISTRATION in the department of human services serving the judicial4
district where the forfeiture proceeding was prosecuted to fund5
detoxification and substance use disorder treatment. Money appropriated6
to the behavioral health administrative services organization must be in7
addition to, and not be used to supplant, other funding appropriated to the8
office of behavioral health ADMINISTRATION; and9
SECTION 5. In Colorado Revised Statutes, 19-2.5-704, amend10
(2)(b) as follows:11
19-2.5-704. Procedure after determination of competency or12
incompetency. (2) (b) Pursuant to section 27-60-105, the behavioral13
health administration in the department of human services is the entity14
responsible for the oversight of restoration education and coordination of15
services necessary to competency restoration.16
SECTION 6. In Colorado Revised Statutes, 19-3-304.4, amend17
(1)(d)(I)(J) as follows:18
19-3-304.4. Pre-adolescent services task force - duties - report19
- repeal. (1) (d) (I) The task force shall convene on or before August 1,20
2022. The appointing authorities shall appoint persons from throughout21
the state, persons with a disability, and persons who reflect the racial and22
ethnic diversity of the state. The task force consists of:23
(J) A representative of the behavioral health administration with24
expertise concerning the development and operation of rapid crisis25
response teams, appointed by the executive director of the department of26
human services COMMISSIONER OF THE BEHAVIORAL HEALTH27
1236
-5- ADMINISTRATION;1
SECTION 7. In Colorado Revised Statutes, 24-1-120, repeal2
(6)(d) as follows:3
24-1-120. Department of human services - creation. (6) The4
department consists of the following divisions, units, offices, and boards:5
(d) The office of behavioral health in the department of human6
services created pursuant to article 80 of title 27. The office of behavioral7
health is a type 2 entity, as defined in section 24-1-105.8
SECTION 8. In Colorado Revised Statutes, 24-37.5-702, amend9
(1)(c) as follows:10
24-37.5-702. Government data advisory board - created -11
duties - definitions. (1) (c) (I) The remaining membership of the12
advisory board consists of persons from state agencies who are either13
experts in data or responsible for diverse aspects of data management14
within the member's respective department and who are selected by the15
head of the member's respective department to participate on the advisory16
board at the invitation of the chief information officer.17
(II) T
HE CHIEF INFORMATION OFFICER SHALL INVITE THE18
COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION TO SELECT19
A MEMBER TO REPRESENT THE BEHAVIORAL HEALTH ADMINISTRATION ON20
THE ADVISORY BOARD.21
SECTION 9. In Colorado Revised Statutes, 25-1.5-103, amend
22
(1)(a)(I)(A.5), (2)(a.3)(II), and (2)(b)(II); and add (1)(c)(III) as follows:23
25-1.5-103. Health facilities - powers and duties of department24
- rules - limitations on rules - definitions - repeal. (1) The department25
has, in addition to all other powers and duties imposed upon it by law, the26
powers and duties provided in this section as follows:27
1236
-6- (a) (I) (A.5) Notwithstanding the provisions of subsection1
(1)(a)(I)(A) of this section, after June 30, 2023 DECEMBER 31, 2023, the2
department shall not issue a license to a community mental health center,3
an acute treatment unit, or a behavioral health entity. Prior to the4
expiration of any license issued by the department to such an entity, the5
entity shall apply to the behavioral health administration pursuant to part6
5 of article 50 of title 27. This subsection (1)(a)(I)(A.5) is repealed,7
effective July 1, 2024 JANUARY 1, 2025.8
(c) (III) T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JANUARY
9
1,
2025.
10
(2) As used in this section, unless the context otherwise requires:11
(a.3) (II) This subsection (2)(a.3) is repealed, effective July 1,12
2024 JANUARY 1, 2025.13
(b) (II) This subsection (2)(b) is repealed, effective July 1, 202414
J
ANUARY 1, 2025.
15
SECTION 10. In Colorado Revised Statutes, 25-1.5-302, amend16
(1) introductory portion as follows:17
25-1.5-302. Administration of medications - powers and duties18
of department - record checks - rules. (1) The department has, in19
addition to all other powers and duties imposed upon it by law, the power20
to establish and maintain by rule a program for the administration of21
medications in facilities. The department of human services, THE22
BEHAVIORAL HEALTH ADMINISTRATION, the department of health care23
policy and financing, and the department of corrections shall develop and24
conduct a medication administration program as provided in this part 3.25
A medication administration program developed pursuant to this26
subsection (1) must be conducted within the following guidelines:27
1236
-7- SECTION 11. In Colorado Revised Statutes, 25-4-2206, amend1
(2)(a)(XII) and (2)(a)(XIII); and add (2)(a)(XIV) as follows:2
25-4-2206. Health equity commission - creation - repeal.3
(2) (a) The commission consists of the following twenty-two4
TWENTY-THREE members, who are as follows:5
(XII) The executive director of the department of corrections, or6
the executive director's designee; and7
(XIII) The executive director of the department of higher8
education, or the executive director's designee;
AND9
(XIV) T
HE COMMISSIONER OF THE BEHAVIORAL HEALTH10
ADMINISTRATION IN THE DEPARTMENT OF HUMAN SERVICES , OR THE11
COMMISSIONER'S DESIGNEE.12
SECTION 12.
In Colorado Revised Statutes, 25-4-2209, amend13
(1)(a) as follows:14
25-4-2209. Culturally relevant and affirming health-care15
training - health-care providers - grants - definitions. (1) As used in16
this section:17
(a) "Priority populations" means people experiencing18
homelessness; people involved with the criminal justice system; Black19
people, indigenous people, and people of color; American Indians and20
Alaska natives; veterans; people who are lesbian, gay, bisexual,21
transgender, queer, or questioning; people of disproportionately affected22
sexual orientations and gender identities; people who have AIDS or HIV;23
older adults; children and families; and people with disabilities, including24
people who are deaf and hard of hearing, people who are blind and25
deafblind, people with brain injuries, people with intellectual and26
developmental disabilities, people with other co-occurring disabilities;27
1236
-8- and other populations as deemed appropriate by the office of behavioral1
health
ADMINISTRATION.2
SECTION 13. In Colorado Revised Statutes, recreate and
3
reenact, with amendments, 25-27.6-104 as follows:4
25-27.6-104. License required - repeal. (1) (a) O
N OR AFTER
5
J
ULY 1, 2022, IT IS UNLAWFUL FOR ANY PERSON , PARTNERSHIP,
6
ASSOCIATION, OR CORPORATION TO CONDUCT OR MAINTAIN A BEHAVIORAL7
HEALTH ENTITY WITHOUT HAVING OBTAINED A LICENSE THEREFOR FROM8
THE DEPARTMENT.9
(b) O
N OR AFTER JULY 1, 2021, AN ENTITY SEEKING INITIAL
10
LICENSURE AS A BEHAVIORAL HEALTH ENTITY SHALL APPLY FOR A11
BEHAVIORAL HEALTH ENTITY LICENSE IF THE ENTITY WOULD PREVIOUSLY12
HAVE BEEN LICENSED AS AN ACUTE TREATMENT UNIT , A COMMUNITY13
MENTAL HEALTH CENTER , A COMMUNITY MENTAL HEALTH CLINIC , OR A14
CRISIS STABILIZATION UNIT LICENSED AS A COMMUNITY CLINIC .15
(c) A
FACILITY LICENSED AS OF JUNE 30, 2021, AS AN ACUTE
16
TREATMENT UNIT, A COMMUNITY MENTAL HEALTH CENTER , A COMMUNITY17
MENTAL HEALTH CLINIC, OR A CRISIS STABILIZATION UNIT LICENSED AS A18
COMMUNITY CLINIC SHALL APPLY FOR A BEHAVIORAL HEALTH ENTITY19
LICENSE PRIOR TO THE EXPIRATION OF THE FACILITY'S CURRENT LICENSE.20
S
UCH A FACILITY IS SUBJECT TO THE STANDARDS UNDER WHICH IT IS
21
LICENSED AS OF JULY 1, 2021, UNTIL SUCH TIME AS THE BEHAVIORAL22
HEALTH ENTITY LICENSE IS ISSUED.23
(2) T
HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2024.
24
SECTION 14. In Colorado Revised Statutes, 25-27.6-108,25
amend (2) as follows:26
25-27.6-108. Behavioral health entity cash fund - created.27
1236
-9- (2) On June 30, 2024 DECEMBER 31, 2024, the state treasurer shall1
transfer all unexpended and unencumbered money in the fund to the2
behavioral health licensing cash fund created pursuant to section3
27-50-506.4
SECTION 15. In Colorado Revised Statutes, amend 25-27.6-1125
as follows:6
25-27.6-112. Repeal of article. This article 27.6 is repealed,7
effective July 1, 2024 JANUARY 1, 2025.8
SECTION 16. In Colorado Revised Statutes, 25.5-5-325, amend9
(2)(b)(I) as follows:10
25.5-5-325. Residential and inpatient substance use disorder11
treatment - medical detoxification services - federal approval -12
performance review report. (2) (b) Prior to seeking federal approval13
pursuant to subsection (2)(a) of this section, the state department shall14
seek input from relevant stakeholders, including existing providers of15
substance use disorder treatment and medical detoxification services and16
behavioral health administrative services organizations. The state17
department shall seek input and involve stakeholders in decisions18
regarding:19
(I) The coordination of benefits with behavioral health20
administrative services organizations and the office of behavioral health21
in the department of human services;22
SECTION 17. In Colorado Revised Statutes, 25.5-5-803, amend23
(1) as follows:24
25.5-5-803. High-fidelity wraparound services for children25
and youth - federal approval - reporting. (1) Subject to available26
appropriations, the state department shall seek federal authorization from27
1236
-10- the federal centers for medicare and medicaid services to provide1
wraparound services for eligible children and youth who are at risk of2
out-of-home placement or in an out-of-home placement. Prior to seeking3
federal authorization, the state department shall seek input from relevant4
stakeholders including counties, managed care entities participating in the5
statewide managed care system, families of children and youth with6
behavioral health disorders, communities that have previously7
implemented wraparound services, mental health professionals, the8
behavioral health administration and the office of behavioral health in the9
department of human services, and other relevant departments. The state10
department shall consider tiered care coordination as an approach when11
developing the wraparound model.12
SECTION 18. In Colorado Revised Statutes, 26-5-117, amend13
(2)(a), (2)(b)(I), (2)(c), (4)(a) introductory portion, (4)(a)(II), (4)(b),14
(4)(c), (4)(d), (5), and (8); and repeal (2)(b)(II) as follows:15
26-5-117. Out-of-home placement for children and youth with16
mental or behavioral needs - funding - report - rules - legislative17
declaration - definitions - repeal. (2) (a) The BHA STATE DEPARTMENT18
shall develop a program to provide emergency resources to licensed19
providers to help remove barriers such providers face in serving children20
and youth whose behavioral or mental health needs require services and21
treatment in a residential child care facility. Any such licensed provider22
shall meet the requirements of a qualified residential treatment program,23
as defined in section 26-5.4-102; a psychiatric residential treatment24
facility, as defined in section 25.5-4-103 (19.5); treatment foster care; or25
therapeutic foster care.26
(b) (I) Beginning July 1, 2022, the BHA STATE DEPARTMENT shall27
1236
-11- provide ongoing operational support for psychiatric residential treatment1
facilities, therapeutic foster care, treatment foster care, and qualified2
residential treatment programs as described in subsection (2)(a) of this3
section.4
(II) For the 2022-23 budget year, the general assembly shall5
appropriate money from the behavioral and mental health cash fund6
created in section 24-75-230 to the BHA to fund operational support for7
psychiatric residential treatment facilities for youth, qualified residential8
treatment programs, therapeutic foster care, and treatment foster care for9
youth across the state as described in this subsection (2).10
(c) The BHA STATE DEPARTMENT and any person who receives11
money from the BHA STATE DEPARTMENT shall comply with the12
compliance, reporting, record-keeping, and program evaluation13
requirements established by the office of state planning and budgeting14
and the state controller in accordance with section 24-75-226 (5).15
(4) (a) The BHA STATE DEPARTMENT shall contract with licensed16
providers for the delivery of services to children and youth who are17
determined eligible for and placed in the program. A provider that18
contracts with the BHA STATE DEPARTMENT shall not:19
(II) Discharge a child or youth based on the severity or complexity20
of the child's or youth's physical, behavioral, or mental health needs;21
except that the BHA STATE DEPARTMENT may arrange for the placement22
of a child or youth with an alternate contracted provider if the placement23
with the alternate provider is better suited to deliver services that meet the24
needs of the child or youth.25
(b) The BHA STATE DEPARTMENT shall reimburse a provider26
directly for the costs associated with the placement of a child or youth in27
1236
-12- the program for the duration of the treatment, including the costs the1
provider demonstrates are necessary in order for the provider to operate2
continuously during this period.3
(c) The BHA STATE DEPARTMENT shall coordinate with the4
department of health care policy and financing to support continuity of5
care and payment for services for any children or youth placed in the6
program.7
(d) The BHA STATE DEPARTMENT shall reimburse the provider8
one hundred percent of the cost of unutilized beds in the program to9
ensure available space for emergency residential out-of-home placements.10
(5) (a) A hospital, health-care provider, provider of case11
management services, school district, managed care entity, or state or12
county department of human or social services may refer a family for the13
placement of a child or youth in the program. The entity referring a child14
or youth for placement in the program shall submit or assist the family15
with submitting an application to the BHA STATE DEPARTMENT for16
review. The BHA STATE DEPARTMENT shall consider each application as17
space becomes available. The BHA STATE DEPARTMENT shall approve18
admissions into the program and determine admission and discharge19
criteria for placement.20
(b) The BHA STATE DEPARTMENT shall develop a discharge plan21
for each child or youth placed in the program. The plan must include the22
eligible period of placement of the child or youth and shall MUST identify23
the entity that will be responsible for the placement costs if the child or24
youth remains with the provider beyond the date of eligibility identified25
in the plan.26
(c) The entity or family that places the child or youth in the27
1236
-13- program retains the right to remove the child or youth from the program1
any time prior to the discharge date specified by the BHA STATE2
DEPARTMENT.3
(8) This section is intended to provide enhanced emergency4
services resulting from the increased need for services due to the5
COVID-19 pandemic. No later than September 30, 2024, the BHA STATE6
DEPARTMENT shall submit recommendations to the house of7
representatives public and behavioral health and human services8
committee, the senate health and human services committee, or their9
successor committees, and the joint budget committee about how to10
provide necessary services for children and youth in need of residential11
care, including hospital step-down services on an ongoing basis.12
SECTION 19. In Colorado Revised Statutes, 27-50-101, amend13
(4), (7), (11) introductory portion, and (13); and repeal (11)(g) as14
follows:15
27-50-101. Definitions. As used in this article 50, unless the16
context otherwise requires:17
(4) "Behavioral health entity" means a facility or provider18
organization engaged in providing community-based health services,19
which may include services for a behavioral health disorder but does not20
include residential child care facilities, as defined in section 26-6-90321
(29), detention and commitment facilities operated by the division of22
youth services within the department of human services or services23
provided by a licensed or certified mental health-care provider under the24
provider's individual professional practice act on the provider's own25
premises.26
(7) "Behavioral health safety net provider" means any and all27
1236
-14- behavioral health safety net providers 27-50-301 (5), including1
comprehensive community behavioral health providers and essential2
behavioral health safety net providers. A community mental health center3
pursuant to 42 U.S.C. sec. 300x-2(c) and that is licensed as a behavioral4
health entity may apply to be approved as a comprehensive community5
behavioral health provider, an essential behavioral health safety net6
provider, or both.7
(11) "Comprehensive community behavioral health provider"8
means a licensed behavioral health entity OR BEHAVIORAL HEALTH9
PROVIDER approved by the behavioral health administration to provide10
CARE COORDINATION AND the following behavioral health safety net11
services, either directly or through formal agreements with behavioral12
health providers in the community or region:13
(g) Care coordination;14
(13) "Essential behavioral health safety net provider" means a15
licensed behavioral health entity or behavioral health provider approved16
by the behavioral health administration to provide CARE COORDINATION17
AND at least one of the FOLLOWING behavioral health safety net services:18
described in subsection (11) of this section19
(a) E
MERGENCY OR CRISIS BEHAVIORAL HEALTH SERVICES ;20(b) BEHAVIORAL HEALTH OUTPATIENT SERVICES ;21
(c) B
EHAVIORAL HEALTH HIGH-INTENSITY OUTPATIENT SERVICES;22
(d) B
EHAVIORAL HEALTH RESIDENTIAL SERVICES ;23
(e) W
ITHDRAWAL MANAGEMENT SERVICES ;24
(f) B
EHAVIORAL HEALTH INPATIENT SERVICES ;25
(g) I
NTEGRATED CARE SERVICES;26
27
1236
-15- (h) HOSPITAL ALTERNATIVES; OR1
(i) ADDITIONAL SERVICES THAT THE BEHAVIORAL HEALTH2
ADMINISTRATION DETERMINES ARE NECESSARY IN A REGION OR3
THROUGHOUT THE STATE .4
SECTION 20. In Colorado Revised Statutes, 27-50-102, add (3)5
as follows:6
27-50-102. Behavioral health administration - creation -7
coordination - health oversight agency. (3) F
OR THE PURPOSE OF8
OVERSEEING THE BEHAVIORAL HEALTH CARE SYSTEM IN COLORADO AND9
DISCHARGING THE BHA'S DUTIES AS DESCRIBED IN THIS ARTICLE 50, THE10
BHA
IS A HEALTH OVERSIGHT AGENCY, AS DEFINED IN 45 CFR 164.501.11
SECTION 21.
In Colorado Revised Statutes, 27-50-105, amend12
(1)(dd); and add (4) as follows:13
27-50-105. Administration of behavioral health programs -14
state plan - sole mental health authority - gifts, grants, or donations.15
(1) The BHA shall administer and provide the following behavioral16
health programs and services:17
(dd) The care navigation program pursuant to section 27-80-11918
SECTION 27-60-204;19
(4) T
HE BHA MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR20
DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSE OF21
ADMINISTERING ANY BEHAVIORAL HEALTH PROGRAM OR SERVICE22
DESCRIBED IN SUBSECTION (1) OF THIS SECTION. THE COMMISSIONER, WITH23
THE APPROVAL OF THE GOVERNOR , MAY DIRECT THE DISPOSITION OF ANY24
GIFT, GRANT, OR DONATION FOR ANY PURPOSE CONSISTENT WITH THE25
TERMS AND CONDITIONS FOR WHICH THE GIFT , GRANT, OR DONATION WAS26
GIVEN.27
1236
-16- SECTION 22. In Colorado Revised Statutes, 27-50-106, amend1
(1) introductory portion and (1)(a) as follows:2
27-50-106. Transfer of functions. (1) The powers, duties, and3
functions previously administered by the department of public health and4
environment concerning licensing behavioral health entities pursuant to5
article 27.6 of title 25 shall transfer to the BHA over a period of two6
years, with all functions fully transferred to the BHA by July 1, 20247
J
ANUARY 1, 2025,
as follows:8
(a) The department of public health and environment shall9
continue issuing and renewing behavioral health entity licenses until June10
30, 2023 SEPTEMBER 30, 2023, after which date the department of public11
health and environment shall not renew or confer any new behavioral12
health entity licenses. Behavioral health entities that are licensed by the13
department of public health and environment are subject to the rules and14
orders of the department of public health and environment until such rules15
and orders are revised, amended, repealed, or nullified. The department16
of public health and environment shall continue compliance monitoring17
and enforcement activities until all licenses the department of public18
health and environment has conferred are expired, revoked, or19
surrendered, but not after June 30, 2024 DECEMBER 31, 2025.20
SECTION 23. In Colorado Revised Statutes, 27-50-201, amend21
(5) as follows:22
27-50-201. Behavioral health system monitoring - capacity -23
safety net performance. (5) (a) The BHA shall collaborate with the24
department of health care policy and financing to establish data collection25
and reporting requirements that align with the performance standards26
established in this section and that are of a high value in promoting27
1236
-17- systemic improvements. In establishing data collection and reporting1
requirements, the BHA must consider the impact on behavioral health2
providers and clients and state information technology systems.3
(b) W
HERE APPLICABLE, THE BHA SHALL COORDINATE WITH THE
4
HEALTH INFORMATION ORGANIZATION NETWORKS TO PRIORITIZE5
LEVERAGING THE HEALTH INFORMATION ORGANIZATION NETWORK6
INFRASTRUCTURE TO MEET THE REQUIREMENTS OF THIS SECTION AND TO7
PROMOTE THE INTEROPERABLE EXCHANGE OF DATA TO IMPROVE THE8
QUALITY OF PATIENT CARE. THE BHA SHALL COORDINATE WITH THE9
HEALTH INFORMATION ORGANIZATION NETWORKS ON RELEVANT10
PROVISIONS OF THE UNIVERSAL CONTRACT PURSUANT TO SECTION11
27-50-203 (1)(a).12
SECTION 24. In Colorado Revised Statutes, 27-50-301, amend13
(1) as follows:14
27-50-301. Behavioral health safety net system15
implementation. (1) No later than July 1, 2024, the BHA, in16
collaboration with the department of health care policy and financing and17
the department of public health and environment, shall establish a18
comprehensive and standardized behavioral health safety net system19
throughout the state that must include behavioral health safety net20
services for children, youth, and adults, INCLUDING ADULTS WHO HAVE A21
SERIOUS MENTAL ILLNESS AND CHILDREN AND YOUTH WHO HAVE A22
SERIOUS EMOTIONAL DISTURBANCE , along a continuum of care.23
SECTION 25. In Colorado Revised Statutes, 27-50-302, add24
(4)(f) as follows:25
27-50-302. Requirement to serve priority populations -26
screening and triage for individuals in need of behavioral health27
1236
-18- services - referrals. (4) (f) A BEHAVIORAL HEALTH SAFETY NET1
PROVIDER SHALL INCLUDE SERVICES THAT ADDRESS THE LANGUAGE,2
ABILITY, AND CULTURAL BARRIERS, AS NECESSARY, TO SERVE3
COMMUNITIES OF COLOR AND OTHER UNDERSERVED POPULATIONS .4
SECTION 26. In Colorado Revised Statutes, amend 27-50-4015
as follows:6
27-50-401. Regional behavioral health administrative services7
organizations - establishment. (1) No later than July 1, 2024 JULY 1,8
2025, the commissioner BHA shall select and contract with regionally9
based INFORMED behavioral health organizations to establish, administer,10
and maintain adequate networks of behavioral health safety net services11
and care coordination, as described in part 3 of this article 50.12
(2) The commissioner BHA shall designate regions of the state13
ESTABLISH A COMMUNITY-INFORMED STRUCTURE for A behavioral health14
administrative services organizations ORGANIZATION to operate. In15
establishing regions THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES16
ORGANIZATION STRUCTURE , the commissioner BHA shall consult with the17
department of health care policy and financing to ensure consideration of18
the regional structure that serves the medicaid population.19
SECTION 27. In Colorado Revised Statutes, 27-50-402, amend20
(2) introductory portion as follows:21
27-50-402. Behavioral health administrative services22
organizations - application - designation - denial - revocation. (2) The23
commissioner shall select a behavioral health administrative services24
organization based on factors established by BHA rules and the25
"Procurement Code", articles 101 to 112 of title 24. THE BHA SHALL26
REQUIRE AN APPLICANT TO FURNISH LETTERS OF SUPPORT FROM27
1236
-19- STAKEHOLDERS IN THE REGION THE APPLICANT IS APPLYING TO CONTRACT1
FOR, INCLUDING, BUT NOT LIMITED TO, COUNTY COMMISSIONERS AND2
ADVOCACY OR COMMUNITY-BASED ORGANIZATIONS. THE LETTERS OF3
SUPPORT MUST DEMONSTRATE THE APPLICANT 'S ABILITY TO SERVE THE4
COMMUNITY. The factors for selection must include, but are not limited5
to, the following:6
SECTION 28. In Colorado Revised Statutes, 27-50-501, amend7
(1)(a), (1)(b) introductory portion, and (1)(c) as follows: 8
27-50-501. Behavioral health entities - license required -9
criminal and civil penalties. (1) (a) On and after July 1, 2024 JANUARY10
1, 2024, it is unlawful for any person, partnership, association, or11
corporation to conduct or maintain a behavioral health entity, including12
a substance use disorder program or alcohol use disorder program,13
without having obtained a license from the BHA.14
(b) On and after July 1, 2023 JANUARY 1, 2024, an entity seeking15
initial licensure as a behavioral health entity shall apply for a behavioral16
health entity license from the BHA if the entity would previously have17
been licensed or subject to any of the following:18
(c) A facility with a license or approval on or before June 30,19
2023 DECEMBER 31, 2023, as a behavioral health entity or a substance use20
disorder program, shall apply for a behavioral health entity license prior21
to the expiration of the facility's current license or approval. Such a22
facility is subject to the standards under which it is licensed or approved23
as of July 1, 2023 JANUARY 1, 2024, until such time as the BHA's24
behavioral health entity license is issued or denied.25
SECTION 29. In Colorado Revised Statutes, 27-50-502, amend26
(1) introductory portion as follows:27
1236
-20- 27-50-502. Behavioral health entities - minimum standard -1
rules. (1) No later than April 30, 2023 JANUARY 1, 2024, the BHA shall2
promulgate rules pursuant to section 24-4-103 providing minimum3
standards for the operation of behavioral health entities within the state,4
including the following:5
SECTION 30. In Colorado Revised Statutes, 27-50-504, amend6
(1)(a) as follows:7
27-50-504. License fees - rules. (1) (a) By April 30, 20238
J
ANUARY 1, 2024,
the commissioner shall promulgate rules establishing9
a schedule of fees sufficient to meet the direct and indirect costs of10
administration and enforcement of this part 5.11
SECTION 31. In Colorado Revised Statutes, 27-50-505, amend12
(2) as follows:13
27-50-505. License - denial - suspension - revocation.14
(2) (a) The BHA may suspend, revoke, or refuse to renew the license of15
any behavioral health entity that is out of compliance with the16
requirements of this part 5 or the rules promulgated pursuant to this part17
5. Suspension, revocation, or refusal must not occur until after a hearing18
and in compliance with the provisions and procedures specified in article19
4 of title 24; EXCEPT THAT THE BHA MAY SUMMARILY SUSPEND A20
BEHAVIORAL HEALTH ENTITY 'S LICENSE BEFORE A HEARING IN21
ACCORDANCE WITH SECTION 24-4-104 (4)(a).22
(b) AFTER CONDUCTING A HEARING IN ACCORDANCE WITH ARTICLE23
4 OF TITLE 24, THE BHA MAY REVOKE OR REFUSE TO RENEW A24
BEHAVIORAL HEALTH ENTITY'S LICENSE IF THE OWNER, MANAGER, OR25
ADMINISTRATOR OF THE BEHAVIORAL HEALTH ENTITY HAS BEEN26
CONVICTED OF A FELONY OR MISDEMEANOR INVOLVING CONDUCT THAT27
1236
-21- THE BHA DETERMINES COULD POSE A RISK TO THE HEALTH, SAFETY, OR1
WELFARE OF THE BEHAVIORAL HEALTH ENTITY 'S CONSUMERS.2
SECTION 32. In Colorado Revised Statutes, 27-50-403, amend3
(1)(i); and add (1)(k) as follows:4
27-50-403. Behavioral health administrative services5
organizations - contract requirements - individual access - care6
coordination. (1) The BHA shall develop a contract for designated7
behavioral health administrative services organizations, which must8
include, but is not limited to, the following:9
(i) Any provisions necessary to ensure the behavioral health10
administrative services organization fulfills the functions provided in11
subsection (2) of this section; and12
(k) A REQUIREMENT THAT THE BEHAVIORAL HEALTH13
ADMINISTRATIVE SERVICES ORGANIZATION PERFORM APPROPRIATE FISCAL14
MANAGEMENT AND QUALITY OVERSIGHT OF PROVIDERS IN ITS NETWORK15
WITHIN THE SCOPE OF THE PROVIDER'S CONTRACT, INCLUDING, BUT NOT16
LIMITED TO, THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES17
ORGANIZATION DIRECTLY ENGAGING IN AUDITS AND CORRECTIVE ACTION18
PLANS WITH PROVIDERS IN ITS NETWORK TO ENSURE COMPLIANCE WITH19
THE CONTRACT.20
SECTION 33. In Colorado Revised Statutes, 27-50-703, amend21
(1) and (3); and add (1.3) and (1.5) as follows:22
27-50-703. Advisory council - regional subcommittees -23
subcommittees - working groups. (1) The BHA shall create one A24
regional subcommittee of the advisory council STRUCTURE AS PART OF25
THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATIONS TO26
PROMOTE LOCAL COMMUNITY INPUT PERTAINING TO BEHAVIORAL HEALTH27
1236
-22- SERVICE NEEDS. IN ESTABLISHING A REGIONAL SUBCOMMITTEE1
STRUCTURE, THE BHA SHALL, TO THE BEST OF THE BHA'S ABILITY, ALIGN2
GEOGRAPHICALLY WITH JUDICIAL DISTRICTS WHENEVER FEASIBLE, TAKING3
INTO CONSIDERATION COMMUNITY FEEDBACK ON WHERE AND HOW4
INDIVIDUALS RECEIVE SERVICES IN THEIR COMMUNITIES .. for each5
behavioral health administrative services organization region established6
pursuant to section 27-50-401. Regional subcommittee members are7
appointed by the commissioner for three-year terms; except that initial8
terms may be for two years. Each regional THE subcommittee consists of9
NINE members. Membership of the regional subcommittees must include:10
(a) At least One individual with expertise in the behavioral health11
needs of children and youth APPOINTED BY A LOCAL OR REGIONAL PUBLIC12
HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE 'S13
REGION;14
(b) At least One individual who represents a behavioral health15
safety net provider that operates within the region APPOINTED BY A LOCAL16
OR REGIONAL PUBLIC HEALTH OR HUMAN SERVICE AGENCY WITHIN THE17
SUBCOMMITTEE'S REGION; and18
(c) A county commissioner of a county situated within the region19
APPOINTED BY THE BHA;20
(d) ONE INDIVIDUAL WITH A CONNECTION TO A KINDERGARTEN21
THROUGH TWELFTH GRADE SCHOOL DISTRICT WITHIN THE22
SUBCOMMITTEE'S REGION APPOINTED BY A LOCAL OR REGIONAL PUBLIC23
HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE 'S24
REGION;25
(e) ONE INDIVIDUAL WITH THE CRIMINAL JUSTICE SYSTEM WITHIN26
THE SUBCOMMITTEE'S REGION APPOINTED BY A LOCAL OR REGIONAL27
1236
-23- PUBLIC HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE 'S1
REGION;2
(f) ONE INDIVIDUAL WITH LIVED EXPERIENCE OR A COMMUNITY3
MEMBER WHO IS NOT ALSO A BEHAVIORAL HEALTH PROVIDER APPOINTED4
BY A LOCAL OR REGIONAL PUBLIC HEALTH OR HUMAN SERVICE AGENCY5
WITHIN THE SUBCOMMITTEE'S REGION;6
(g) ONE INDIVIDUAL WITH LIVED EXPERIENCE APPOINTED BY THE7
BHA; AND8
(h) TWO INDIVIDUALS WITH LIVED EXPERIENCE NOT ASSOCIATED9
WITH A BEHAVIORAL HEALTH TREATMENT PROVIDER APPOINTED BY THE10
BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATION CREATED11
PURSUANT TO PART 4 OF THIS ARTICLE 50 THAT REPRESENT THE12
SUBCOMMITTEE'S REGION.13
(1.3) THE REGIONAL SUBCOMMITTEE IS CREATED TO DIRECTLY14
INFORM THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE15
ORGANIZATION IN THE REGION IN ORDER TO IMPROVE SERVICES ,16
ACCOUNTABILITY, AND TRANSPARENCY IN THE REGION. THE BEHAVIORAL17
HEALTH ADMINISTRATIVE SERVICE ORGANIZATION SHALL STAFF ALL18
SUBCOMMITTEE MEETINGS, WHICH SHALL MEET A MINIMUM OF SIX TIMES19
A YEAR AND ALLOW FOR PUBLIC COMMENT DURING EACH MEETING . THE20
BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE OR GANIZATION SHALL21
ENGAGE WITH THE REGIONAL SUBCOMMITTEE, AT A MINIMUM, ON THE22
FOLLOWING AREAS:23
(a) WHEN DETERMINING WHAT SERVICES ARE NEEDED TO24
ESTABLISH A FULL CONTINUUM OF CARE IN THE REGION ;25
(b) WHEN ADDRESSING BARRIERS TO INDIVIDUALS ACCESSING26
QUALITY AND TIMELY CARE IN THE REGION ; AND27
1236
-24- (c) NEEDED SPECIALTY SERVICES FOR PRIORITY POPULATIONS .1
(1.5) THE BEHAVIORAL HEALTH ADMINISTRATION ADVISORY2
COUNCIL, CREATED PURSUANT TO SECTION 27-50-701, SHALL ESTABLISH3
A PROCESS TO RECEIVE DIRECT FEEDBACK FROM THE REGIONAL4
SUBCOMMITTEE THROUGHOUT THE YEAR TO CONSIDER INCLUDING IN THE5
BEHAVIORAL HEALTH ADMINISTRATION ADVISORY COUNCIL 'S ANNUAL6
REPORT REQUIRED PURSUANT TO SECTION 27-50-701 (2)(d).7
(3) Each UNLESS COMMITTEE MEMBERSHIP IS ESTABLISHED8
PURSUANT TO STATE OR FEDERAL LAW , THE REGIONAL SUBCOMMITTEE9
AND committee membership shall maintain a majority of members who10
represent individuals with lived behavioral health experience or families11
of individuals with lived behavioral health experience.12
SECTION 34. In Colorado Revised Statutes, 27-60-105, amend13
(2), (4)(d), (4)(e), (5), (5)(d), and (5)(e); repeal (4)(f) and (5)(f); and add14
(4.5) and (5.5) as follows:15
27-60-105. Outpatient restoration to competency services -16
jail-based behavioral health services - responsible entity - duties -17
report - legislative declaration. (2) The state department serves as a18
central organizing structure and responsible entity for the provision of19
competency restoration education services AND coordination of20
competency restoration services ordered by the court pursuant to section21
16-8.5-111 (2)(b) or 19-2.5-704 (2), and THE BEHAVIORAL HEALTH22
ADMINISTRATION SERVES AS THE CENTRAL ORGANIZING STRUCTURE AND23
RESPONSIBLE ENTITY FOR jail-based behavioral health services pursuant24
to section 27-60-106.25
(4) Beginning July 1, 2019, the state department has the following26
duties and responsibilities, subject to available appropriations:27
1236
-25- (d) To engage with key stakeholders in the juvenile and adult1
justice systems to develop best practices in the delivery of competency2
restoration services; AND3
(e) To make recommendations for legislation. and4
(f) To oversee the functions of the jail-based behavioral health5
services program created in section 27-60-106.6
(4.5) BEGINNING JULY 1, 2023, SUBJECT TO AVAILABLE7
APPROPRIATIONS, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL8
OVERSEE FUNCTIONS OF THE JAIL-BASED BEHAVIORAL HEALTH SERVICES9
PROGRAM CREATED IN SECTION 2 27-60-106.10
(5) Notwithstanding section 24-1-136 (11)(a)(I), on or before11
January 1, 2019, and every January 1 thereafter, the state department shall12
submit an annual written report to the general assembly summarizing the13
state department's provision of competency restoration education AND its14
efforts toward the coordination of competency restoration education with15
other existing services and the results of the jail-based behavioral health16
services program created in section 27-60-106. The report must include:17
(d) A description of opportunities to maximize and increase18
available resources and funding; AND19
(e) A description of gaps in and conflicts with existing funding,20
services, and programming essential to the effective restoration of21
competency for juveniles and adults; and22
(f) A description of the services funded through the jail-based23
behavioral health services program created in section 27-60-106.24
(5.5) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR25
BEFORE JANUARY 1, 2024, AND EVERY JANUARY 1 THEREAFTER, THE26
BEHAVIORAL HEALTH ADMINISTRATION SHALL SUBMIT AN ANNUAL27
1236
-26- WRITTEN REPORT TO THE GENERAL ASSEMBLY SUMMARIZING THE RESULTS1
OF THE JAIL-BASED BEHAVIORAL HEALTH SERVICES PROGRAM CREATED IN2
SECTION 27-60-106. THE REPORT MUST INCLUDE A DESCRIPTION OF THE3
SERVICES FUNDED THROUGH THE JAIL-BASED BEHAVIORAL HEALTH4
SERVICES PROGRAM CREATED IN SECTION 27-60-106.5
SECTION 35. In Colorado Revised Statutes, 27-60-104, add6
(6.5) as follows:7
27-60-104. Behavioral health crisis response system - crisis8
service facilities - walk-in centers - mobile response units - report.9
(6.5) FOR STATE FISCAL YEAR 2023-24, THE BHA SHALL SAFEGUARD10
PARTNERSHIPS BETWEEN COMMUNITY-BASED BEHAVIORAL HEALTH11
PROVIDERS AND RURAL HOSPITALS BY ALLOCATING MONEY TO12
COMMUNITY-BASED BEHAVIORAL HEALTH PROVIDERS .13
SECTION 36. In Colorado Revised Statutes, 27-60-204, amend14
(1)(a) introductory portion, (6)(c), and (6)(d); add (6)(e); and add with15
amended and relocated provisions (9) as follows:16
27-60-204. Care coordination infrastructure - implementation17
- care navigation program - creation - report - rules - definition -18
repeal. (1) Care coordination infrastructure. (a) No later than July 1,19
2024, the BHA, in collaboration with the department of health care policy20
and financing, shall develop a statewide care coordination infrastructure21
to drive accountability and more effective behavioral health navigation22
to care that builds upon and collaborates with existing care coordination23
services. The infrastructure must include:24
(6) Beginning January 2025, and each January thereafter, the25
department of health care policy and financing shall assess the care26
coordination services provided by managed care entities and provide a27
1236
-27- report as part of its "State Measurement for Accountable, Responsive, and1
Transparent (SMART) Government Act" hearing required by section2
2-7-203. At a minimum, the report must include:3
(c) Data on efforts made to reconnect with individuals that WHO4
did not initially follow through on care coordination services; and5
(d) Data on referrals to community-based services and follow-up6
services by each managed care entity for individuals served through care7
coordination services;
AND8
(e) D
ATA ON THE UTILIZATION OF CARE NAVIGATION SERVICES9
PURSUANT TO SUBSECTION (9) OF THIS SECTION IN ACCORDANCE WITH10
STATE AND FEDERAL HEALTH -CARE PRIVACY LAWS.11
(9) Care navigation program. (a) [Formerly 27-80-119 (2)] As12
used in this section, "engaged client" means an individual who is13
interested in and willing to engage in substance use disorder treatment14
and recovery services or other treatment services either for the individual15
or an affected family member or friend.16
(b) [Formerly 27-80-119 (3)] Subject to available appropriations,17
the BHA shall implement a care navigation program to assist engaged18
clients in obtaining access to treatment for substance use disorders. At a19
minimum, services available statewide must include independent20
screening of the treatment needs of the engaged client using nationally21
recognized screening criteria to determine the correct level of care; the22
identification of licensed or accredited substance use disorder treatment23
options, including social and medical detoxification services,24
medication-assisted treatment, and inpatient and outpatient treatment25
programs; and the availability of various treatment options for the26
engaged client.27
1236
-28- (c) [Formerly 27-80-119 (4)] To implement the care navigation1
program, the BHA shall, include DIRECTLY OR THROUGH CONTRACT ,2
PROVIDE care navigation services AND ALIGN THE CARE NAVIGATION3
SERVICES WITH THE CARE COORDINATION INFRASTRUCTURE ESTABLISHED4
PURSUANT TO THIS SECTION. in the twenty-four-hour telephone crisis5
service created pursuant to section 27-60-103. The contractor selected by6
the BHA must provide care navigation services to engaged clients7
statewide. Care navigation services must be available twenty-four hours8
a day and must be accessible through various formats. The contractor9
shall coordinate services in conjunction with other state care navigation10
and coordination services and behavioral health response systems to11
ensure coordinated and integrated service delivery. The use of peer12
support specialists is encouraged in the coordination of services. The13
contractor shall assist the engaged client with accessing treatment14
facilities, treatment programs, or treatment providers and shall provide15
services to engaged clients regardless of the client's payer source or16
whether the client is uninsured. Once the engaged client has initiated17
treatment, the contractor is no longer responsible for care navigation for18
that engaged client for that episode. Engaged clients who are enrolled in19
the medical assistance program pursuant to articles 4, 5, and 6 of title 25.520
shall be provided with contact information for their managed care entity.21
The contractor shall conduct ongoing outreach to inform behavioral22
health providers, counties, county departments of human or social23
services, jails, law enforcement personnel, health-care professionals, and24
other interested persons about care navigation services.25
(d) [Formerly 27-80-119 (7)] The state board of human services26
may promulgate any rules necessary to implement the care navigation27
1236
-29- program.1
SECTION 37. In Colorado Revised Statutes, 27-64-104, amend2
(3) as follows:3
27-64-104. 988 crisis hotline cash fund - creation. (3) Subject4
to annual appropriation by the general assembly MONEY IN THE FUND IS5
CONTINUOUSLY APPROPRIATED . The enterprise may expend money from6
the fund for the purposes outlined in section 27-64-103 (4)(c) and (4)(d).7
SECTION 38. In Colorado Revised Statutes, 27-65-106, amend8
as it will become effective July 1, 2023, (9)(a) introductory portion as9
follows:10
27-65-106. Emergency mental health hold - screening -11
court-ordered evaluation - discharge instructions - respondent's12
rights. (9) (a) On or before July 1, 2023 JULY 1, 2024, and each July 113
thereafter, each emergency medical services facility that has evaluated a14
person pursuant to this section shall provide an annual report to the BHA15
that includes only disaggregated and nonidentifying information16
concerning persons who were treated at an emergency medical services17
facility pursuant to this section. The report must comply with section18
24-1-136 (9) and is exempt from section 24-1-136 (11)(a)(I). The report19
must contain the following:20
SECTION 39. In Colorado Revised Statutes, 27-65-107, amend21
(3), (4)(a) introductory portion, and (4)(a)(V) as follows:22
27-65-107. Emergency transportation - application - screening23
- respondent's rights. (3) (a) Once the person is presented to an24
outpatient mental health facility or facility designated by the25
commissioner, an intervening professional shall screen the person26
immediately. If an intervening professional is not immediately available,27
1236
-30- the person must be screened within eight hours after the person's arrival1
at the facility to determine if the person meets criteria for an emergency2
mental health hold pursuant to section 27-65-106. Once the screening is3
completed and if the person meets the criteria, the intervening4
professional shall first pursue voluntary treatment and evaluation. If the5
person refuses or the intervening professional has reasonable grounds to6
believe the person will not remain voluntarily, the intervening7
professional may place the person under an emergency mental health hold8
pursuant to section 27-65-106.9
(b) I
F A PERSON DETAINED PURSUANT TO THIS SECTION IS
10
TRANSPORTED TO AN EMERGENCY MEDICAL SERVICES FACILITY , THE11
INVOLUNTARY TRANSPORTATION HOLD EXPIRES UPON THE FACILITY12
RECEIVING THE PERSON FOR SCREENING BY AN INTERVENING13
PROFESSIONAL.14
(4) (a) A person detained pursuant to this section at an outpatient15
mental health facility or facility designated by the commissioner, has the16
following rights while being detained, which must be explained to the17
person before being transported to a receiving facility:18
(V) To have appropriate access to adequate water and food FOOD;19
and to have the person's nutritional needs met in a manner that is20
consistent with recognized dietary practices, TO THE EXTENT REASONABLY21
POSSIBLE AT THE RECEIVING FACILITY;22
SECTION 40. In Colorado Revised Statutes, 27-65-113, amend23
(5)(a) and (5)(b) as follows:24
27-65-113. Hearing procedures - jurisdiction. (5) (a) In the25
event that a respondent or a person found not guilty by reason of impaired26
mental condition pursuant to section 16-8-103.5 (5), or by reason of27
1236
-31- insanity pursuant to section 16-8-105 (4) or 16-8-105.5, refuses to accept1
medication, the court having jurisdiction of the action pursuant to2
subsection (4) of this section, the court committing the person or3
defendant to the custody of the BHA DEPARTMENT pursuant to section4
16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, or the court of the5
jurisdiction in which the designated facility treating the respondent or6
person is located has jurisdiction and venue to accept a petition by a7
treating physician and to enter an order requiring that the respondent or8
person accept such treatment or, in the alternative, that the medication be9
forcibly administered to the respondent or person. The court of the10
jurisdiction in which the designated facility is located shall not exercise11
its jurisdiction without the permission of the court that committed the12
person to the custody of the BHA DEPARTMENT. Upon the filing of such13
a petition, the court shall appoint an attorney, if one has not been14
appointed, to represent the respondent or person and hear the matter15
within ten days.16
(b) In any case brought pursuant to subsection (5)(a) of this17
section in a court for the county in which the treating facility is located,18
the county where the proceeding was initiated pursuant to subsection (4)19
of this section or the court committing the person to the custody of the20
BHA DEPARTMENT pursuant to section 16-8-103.5 (5), 16-8-105 (4), or21
16-8-105.5, shall either reimburse the county in which the proceeding22
pursuant to this subsection (5) was filed and in which the proceeding was23
held for the reasonable costs incurred in conducting the proceeding or24
conduct the proceeding itself using its own personnel and resources,25
including its own district or county attorney, as the case may be.26
SECTION 41. In Colorado Revised Statutes, 27-65-123, amend27
1236
-32- (1)(a) as follows:1
27-65-123. Records. (1) Except as provided in subsection (2) of2
this section, all information obtained and records prepared in the course3
of providing any services to any person pursuant to any provision of this4
article 65 are confidential and privileged matter. The information and5
records may be disclosed only:6
(a) In communications between qualified professional7
PROFESSIONALS, FACILITY personnel, OR STATE AGENCIES in the provision8
of services or appropriate referrals;9
SECTION 42. In Colorado Revised Statutes, 27-71-104, amend10
(3) as follows:11
27-71-104. Mental health residential facilities - initial license12
requirements - repeal. (3) On and after July 1, 2023 OCTOBER 1, 2023,13
the behavioral health administration is responsible for licensing mental14
health home- and community-based waiver residential facilities.15
SECTION 43. In Colorado Revised Statutes, 27-80-102, amend16
(1) introductory portion and (2) as follows:17
27-80-102. Duties of the behavioral health administration.18
(1) The office of behavioral health ADMINISTRATION is a type 2 entity,19
as defined in section 24-1-105, and is responsible for the powers, duties,20
and functions relating to the alcohol and drug driving safety program21
specified in section 42-4-1301.3. The office of behavioral health22
ADMINISTRATION shall formulate a comprehensive state plan for23
substance use disorder treatment programs. The office of behavioral24
health
ADMINISTRATION shall submit the state plan to the governor and,25
upon the governor's approval, submit it to the appropriate United States26
agency for review and approval. The state plan must include, but not be27
1236
-33- limited to:1
(2) The department, acting by and through the office of behavioral2
health
ADMINISTRATION, is designated as the sole state agency for the3
supervision of the administration of the state plan.4
SECTION 44.
In Colorado Revised Statutes, 27-80-107, amend5
(1), (2) introductory portion, (2)(b), (2)(d), (2.5)(a) introductory portion,6
(2.5)(a)(II), (3), (4), (5), and (7) as follows:7
27-80-107. Designation of managed service organizations -8
purchase of services - revocation of designation. (1) The director of9
the office of behavioral health ADMINISTRATION shall establish designated10
service areas to provide substance use disorder treatment and recovery11
services in a particular geographical region of the state.12
(2) To be selected as a designated managed service organization13
to provide services in a particular designated service area, a private14
corporation; for profit or not for profit; or a public agency, organization,15
or institution shall apply to the office of behavioral health16
ADMINISTRATION for a designation in the form and manner specified by17
the executive director or the executive director's COMMISSIONER OR THE18
COMMISSIONER'S designee. The designation process is in lieu of a19
competitive bid process pursuant to the "Procurement Code", articles 10120
to 112 of title 24. The director of the office of behavioral health21
COMMISSIONER OR THE COMMISSIONER 'S DESIGNEE shall make the22
designation based on factors established by the executive director or the23
executive director's COMMISSIONER OR THE COMMISSIONER 'S designee.24
The factors for designation established by the executive director or the25
executive director's designee include the following:26
(b) Whether the managed service organization has experience27
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priority populations designated by the office of behavioral health2
ADMINISTRATION;3
(d) Whether the managed service organization has experience4
using the cost-share principles used by the office of behavioral health5
ADMINISTRATION in its contracts with providers and is willing to6
cost-share;7
(2.5) (a) On or before January 1, 2023, in order to promote8
transparency and accountability, the office of behavioral health9
ADMINISTRATION shall require each managed service organization that has10
twenty-five percent or more ownership by providers of behavioral health11
services to comply with the following conflict of interest policies:12
(II) The office of behavioral health ADMINISTRATION shall13
quarterly review a managed service organization's funding allocation to14
ensure that all providers are being equally considered for funding. The15
office of behavioral health ADMINISTRATION is authorized to review any16
other pertinent information to ensure the managed service organization17
is meeting state and federal rules and regulations and is not18
inappropriately giving preference to providers with ownership or board19
membership.20
(3) The designation of a managed service organization by the21
director of the office of behavioral health COMMISSIONER, as described in22
subsection (2) of this section, is an initial decision of the department23
which THAT may be reviewed by the executive director in accordance24
with the provisions of section 24-4-105. Review by the executive director25
in accordance with section 24-4-105 constitutes final agency action for26
purposes of judicial review.27
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disorder treatment and recovery services must be specified in the contract2
entered into between the office of behavioral health ADMINISTRATION and3
the designated managed service organization. Contracts entered into4
between the office of behavioral health ADMINISTRATION and the5
designated managed service organization must include terms and6
conditions prohibiting a designated managed service organization7
contracted treatment provider from denying or prohibiting access to8
medication-assisted treatment, as defined in section 23-21-803, for a9
substance use disorder.10
(b) Contracts entered into between the office of behavioral health11
ADMINISTRATION and the designated managed service organization must12
include terms and conditions that outline the expectations for the13
designated managed service organization to invest in the state's recovery14
services infrastructure, which include peer-run recovery support services15
and specialized services for underserved populations. Investments are16
based on available appropriations.17
(5) The contract may include a provisional designation for ninety18
days. At the conclusion of the ninety-day provisional period, the director19
of the office of behavioral health COMMISSIONER may choose to revoke20
the contract or, subject to meeting the terms and conditions specified in21
the contract, may choose to extend the contract for a stated time period.22
(7) (a) The director of the office of behavioral health23
COMMISSIONER may revoke the designation of a designated managed24
service organization upon finding that the managed service organization25
is in violation of the performance of the provisions of or rules26
promulgated pursuant to this article 80. The revocation must conform to27
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only after notice and an opportunity for a hearing is provided as specified2
in article 4 of title 24. A hearing to revoke a designation as a designated3
managed service organization constitutes final agency action for purposes4
of judicial review.5
(b) Once a designation has been revoked pursuant to subsection6
(7)(a) of this section, the director of the office of behavioral health7
COMMISSIONER may designate one or more service providers to provide8
the treatment services pending designation of a new designated managed9
service organization or may enter into contracts with subcontractors to10
provide the treatment services.11
(c) From time to time, the director of the office of behavioral12
health COMMISSIONER may solicit applications from applicants for13
managed service organization designation to provide substance use14
disorder treatment and recovery services for a specified planning area or15
areas.16
SECTION 45. In Colorado Revised Statutes, 27-80-108, amend17
(1)(c) and (1)(d) as follows:18
27-80-108. Rules. (1) The state board of human services, created19
in section 26-1-107, has the power to promulgate rules governing the20
provisions of this article 80. The rules may include, but are not limited to:21
(c) Requirements for public and private agencies, organizations,22
and institutions from which the office of behavioral health23
ADMINISTRATION may purchase services pursuant to section 27-80-10624
(1), which requirements must include prohibiting the purchase of services25
from entities that deny or prohibit access to medical services or substance26
use disorder treatment and services to persons who are participating in27
1236
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for a substance use disorder;2
(d) Requirements for managed service organizations that are3
designated by the director of the office of behavioral health4
COMMISSIONER to provide services in a designated service area pursuant5
to section 27-80-106 (2);6
SECTION 46. In Colorado Revised Statutes, 27-80-303, amend7
(1)(b) introductory portion and (5) as follows:8
27-80-303. Office of ombudsman for behavioral health access9
to care - creation - appointment of ombudsman - duties. (1) (b) The10
office of behavioral health in the department and the BHA shall offer the11
office limited support with respect to:12
(5) In the performance of the ombudsman's duties, the13
ombudsman shall act independently of the office of behavioral health in14
the department and the BHA. Any recommendations made or positions15
taken by the ombudsman do not reflect those of the department, the office16
of behavioral health, DEPARTMENT or the BHA.17
SECTION 47. In Colorado Revised Statutes, recreate and18
reenact, with amendments, 25-27.6-104 as follows: 19
25-27.6-104. License required - criminal and civil penalties -20
repeal. (1) O
N OR AFTER JULY 1, 2024, IT IS UNLAWFUL FOR ANY PERSON,
21
PARTNERSHIP, ASSOCIATION, OR CORPORATION TO CONDUCT OR MAINTAIN22
A BEHAVIORAL HEALTH ENTITY, INCLUDING A SUBSTANCE USE DISORDER23
PROGRAM OR ALCOHOL USE DISORDER PROGRAM , WITHOUT HAVING24
OBTAINED A LICENSE FROM THE DEPARTMENT .25
(2) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2023.
26
SECTION 48. In Session Laws of Colorado 2022, section 263 of27
1236
-38- chapter 222, amend (1)(b) as follows:1
Section 263. Effective date. (1) (b) Section 212 takes effect July2
1, 2023, and sections 215 through 240 take effect July 1, 2024;
EXCEPT
3
THAT SECTION 25-1.5-103 (1)(a)(I)(A), AS ENACTED IN SECTION 226 OF4
THIS ACT, AND SECTION 228 OF THIS ACT TAKE EFFECT JANUARY 1, 2025.5
SECTION 49. In Session Laws of Colorado 2022, amend section6
58 of chapter 451 as follows:7
Section 58. Act subject to petition - effective date. Sections 28
and 5 of this act take effect July 1, 2023 JANUARY 1, 2024, sections9
27-65-108 and 27-65-111, as enacted in section 1 of this act, and sections10
3 and 4 of this act take effect July 1, 2024, and the remainder of this act11
takes effect at 12:01 a.m. on the day following the expiration of the12
ninety-day period after final adjournment of the general assembly; except13
that, if a referendum petition is filed pursuant to section 1 (3) of article V14
of the state constitution against this act or an item, section, or part of this15
act within such period, then the act, item, section, or part will not take16
effect unless approved by the people at the general election to be held in17
November 2022 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor; except that19
sections 2 and 5 of this act take effect July 1, 2023 JANUARY 1, 2024,20
sections 27-65-108 and 27-65-111, as enacted in section 1 of this act, and21
sections 3 and 4 of this act take effect July 1, 2024.22
SECTION 50. Repeal of relocated and nonrelocated23
provisions in this act. In Colorado Revised Statutes, repeal 27-80-119;24
except that (1), (5), (6), and (8) are not relocated.25
SECTION 51. Appropriation - adjustments to 2023 long26
bill. (1) To implement this act, appropriations made in the annual general27
1236
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human services are adjusted as follows:2
(a) The general fund appropriation for use by the behavioral3
health administration for jail-based behavioral health services is4
decreased by $2,250,400; and5
(b) The general fund appropriation for use by the office of6
behavioral health for the jail-based competency restoration program is7
increased by $2,250,400.8
SECTION 52. Safety clause. The general assembly hereby finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety.11
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