HOUSE BILL 23-1236
BY REPRESENTATIVE(S) Young and Amabile, Bacon, Bird,
Boesenecker, Brown, Dickson, Duran, Froelich, Gonzales-Gutierrez,
Hamrick, Herod, Jodeh, Joseph, Lieder, Lindsay, Marshall, McCormick,
McLachlan, Michaelson Jenet, Ortiz, Sharbini, Snyder, Story, Velasco,
McCluskie, deGruy Kennedy, English, Garcia, Lukens, Parenti;
also SENATOR(S) Kolker and Simpson, Cutter, Exum, Ginal, Hansen,
Jaquez Lewis, Marchman, Pelton B., Priola, Winter F.
C
ONCERNING IMPLEMENTATION UPDATES TO THE BEHAVIORAL HEALTH
ADMINISTRATION
, AND, IN CONNECTION THEREWITH MAKING AND
REDUCING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 16-8.5-111, amend
(2)(b)(II)(B) as follows:
16-8.5-111. Procedure after determination of competency or
incompetency. (2) If the final determination made pursuant to section
16-8.5-103 is that the defendant is incompetent to proceed, the court has the
following options:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) (II) (B) As a condition of bond, the court shall order that the
restoration take place on an outpatient basis. Pursuant to section 27-60-105,
the behavioral health administration in
the department is the entity
responsible for the oversight of restoration education and coordination of
all competency restoration services. As a condition of release for outpatient
restoration services, the court may require pretrial services, if available, to
work with the behavioral health administration
DEPARTMENT and the
restoration services provider under contract with the behavioral health
administration DEPARTMENT to assist in securing appropriate support and
care management services, which may include housing resources. The
individual agency responsible for providing outpatient restoration services
for the defendant shall notify the court or other designated agency within
twenty-one days if restoration services have not commenced.
SECTION 2. In Colorado Revised Statutes, 16-13-311, amend
(3)(a)(VII)(B) as follows:
16-13-311. Disposition of seized personal property. (3) (a) If the
prosecution prevails in the forfeiture action, the court shall order the
property forfeited. Such order perfects the state's right and interest in and
title to such property and relates back to the date when title to the property
vested in the state pursuant to section 16-13-316. Except as otherwise
provided in subsection (3)(c) of this section, the court shall also order such
property to be sold at a public sale by the law enforcement agency in
possession of the property in the manner provided for sales on execution,
or in another commercially reasonable manner. Property forfeited pursuant
to this section or proceeds therefrom must be distributed or applied in the
following order:
(VII) The balance must be delivered, upon order of the court, as
follows:
(B) Twenty-five percent to the behavioral health administrative
services organization contracting with the office of
behavioral health
ADMINISTRATION in the department of human services serving the judicial
district where the forfeiture proceeding was prosecuted to fund
detoxification and substance use disorder treatment. Money appropriated to
the behavioral health administrative services organization must be in
addition to, and not be used to supplant, other funding appropriated to the
office of
behavioral health ADMINISTRATION; and
PAGE 2-HOUSE BILL 23-1236 SECTION 3. In Colorado Revised Statutes, 19-2.5-704, amend
(2)(b) as follows:
19-2.5-704. Procedure after determination of competency or
incompetency. (2) (b) Pursuant to section 27-60-105, the behavioral health
administration in the department of human services is the entity responsible
for the oversight of restoration education and coordination of services
necessary to competency restoration.
SECTION 4. In Colorado Revised Statutes, 19-3-304.4, amend
(1)(d)(I)(J) as follows:
19-3-304.4. Pre-adolescent services task force - duties - report -
repeal. (1) (d) (I) The task force shall convene on or before August 1,
2022. The appointing authorities shall appoint persons from throughout the
state, persons with a disability, and persons who reflect the racial and ethnic
diversity of the state. The task force consists of:
(J) A representative of the behavioral health administration with
expertise concerning the development and operation of rapid crisis response
teams, appointed by the executive director of the department of human
services COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION ;
SECTION 5. In Colorado Revised Statutes, 24-1-120, repeal (6)(d)
as follows:
24-1-120. Department of human services - creation. (6) The
department consists of the following divisions, units, offices, and boards:
(d) The office of behavioral health in the department of human
services created pursuant to article 80 of title 27. The office of behavioral
health is a type 2 entity, as defined in section 24-1-105.
SECTION 6. In Colorado Revised Statutes, 24-37.5-702, amend
(1)(c) as follows:
24-37.5-702. Government data advisory board - created - duties
- definitions. (1) (c) (I) The remaining membership of the advisory board
consists of persons from state agencies who are either experts in data or
responsible for diverse aspects of data management within the member's
PAGE 3-HOUSE BILL 23-1236 respective department and who are selected by the head of the member's
respective department to participate on the advisory board at the invitation
of the chief information officer.
(II) T
HE CHIEF INFORMATION OFFICER SHALL INVITE THE
COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION TO SELECT
A MEMBER TO REPRESENT THE BEHAVIORAL HEALTH ADMINISTRATION ON
THE ADVISORY BOARD
.
SECTION 7. In Colorado Revised Statutes, 25-1.5-103, amend
(1)(a)(I)(A.5), (2)(a.3)(II), and (2)(b)(II); and add (1)(c)(III) as follows:
25-1.5-103. Health facilities - powers and duties of department
- rules - limitations on rules - definitions - repeal. (1) The department
has, in addition to all other powers and duties imposed upon it by law, the
powers and duties provided in this section as follows:
(a) (I) (A.5) Notwithstanding the provisions of subsection
(1)(a)(I)(A) of this section, after June 30, 2023
DECEMBER 31, 2023, the
department shall not issue a license to a community mental health center,
an acute treatment unit, or a behavioral health entity. Prior to the expiration
of any license issued by the department to such an entity, the entity shall
apply to the behavioral health administration pursuant to part 5 of article 50
of title 27. This subsection (1)(a)(I)(A.5) is repealed, effective July 1, 2024
JANUARY 1, 2025.
(c) (III) T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JANUARY
1, 2025.
(2) As used in this section, unless the context otherwise requires:
(a.3) (II) This subsection (2)(a.3) is repealed, effective July 1, 2024
JANUARY 1, 2025.
(b) (II) This subsection (2)(b) is repealed, effective July 1, 2024
JANUARY 1, 2025.
SECTION 8. In Colorado Revised Statutes, 25-1.5-302, amend (1)
introductory portion as follows:
PAGE 4-HOUSE BILL 23-1236 25-1.5-302. Administration of medications - powers and duties
of department - record checks - rules. (1) The department has, in
addition to all other powers and duties imposed upon it by law, the power
to establish and maintain by rule a program for the administration of
medications in facilities. The department of human services,
THE
BEHAVIORAL HEALTH ADMINISTRATION
, the department of health care policy
and financing, and the department of corrections shall develop and conduct
a medication administration program as provided in this part 3. A
medication administration program developed pursuant to this subsection
(1) must be conducted within the following guidelines:
SECTION 9. In Colorado Revised Statutes, 25-4-2206, amend
(2)(a) introductory portion, (2)(a)(XII), and (2)(a)(XIII); and add
(2)(a)(XV) as follows:
25-4-2206. Health equity commission - creation - repeal.
(2) (a) The commission consists of the following twenty-two
TWENTY-THREE members, who are as follows:
(XII) The executive director of the department of corrections, or the
executive director's designee; and
(XIII) The executive director of the department of higher education,
or the executive director's designee;
AND
(XV) THE COMMISSIONER OF THE BEHAVIORAL HEALTH
ADMINISTRATION IN THE DEPARTMENT OF HUMAN SERVICES
, OR THE
COMMISSIONER
'S DESIGNEE.
SECTION 10. In Colorado Revised Statutes, 25-4-2209, amend
(1)(a) as follows:
25-4-2209. Culturally relevant and affirming health-care
training - health-care providers - grants - definitions. (1) As used in this
section:
(a) "Priority populations" means people experiencing homelessness;
people involved with the criminal justice system; Black people, indigenous
people, and people of color; American Indians and Alaska natives; veterans;
people who are lesbian, gay, bisexual, transgender, queer, or questioning;
PAGE 5-HOUSE BILL 23-1236 people of disproportionately affected sexual orientations and gender
identities; people who have AIDS or HIV; older adults; children and
families; and people with disabilities, including people who are deaf and
hard of hearing, people who are blind and deafblind, people with brain
injuries, people with intellectual and developmental disabilities, people with
other co-occurring disabilities; and other populations as deemed appropriate
by the office of
behavioral health ADMINISTRATION.
SECTION 11. In Colorado Revised Statutes, recreate and reenact,
with amendments, 25-27.6-104 as follows:
25-27.6-104. License required - repeal. (1) (a) O
N OR AFTER JULY
1, 2022, IT IS UNLAWFUL FOR ANY PERSON, PARTNERSHIP, ASSOCIATION, OR
CORPORATION TO CONDUCT OR MAINTAIN A BEHAVIORAL HEALTH ENTITY
WITHOUT HAVING OBTAINED A LICENSE THEREFOR FROM THE DEPARTMENT
.
(b) O
N OR AFTER JULY 1, 2021, AN ENTITY SEEKING INITIAL
LICENSURE AS A BEHAVIORAL HEALTH ENTITY SHALL APPLY FOR A
BEHAVIORAL HEALTH ENTITY LICENSE IF THE ENTITY WOULD PREVIOUSLY
HAVE BEEN LICENSED AS AN ACUTE TREATMENT UNIT
, A COMMUNITY
MENTAL HEALTH CENTER
, A COMMUNITY MENTAL HEALTH CLINIC , OR A
CRISIS STABILIZATION UNIT LICENSED AS A COMMUNITY CLINIC
.
(c) A
FACILITY LICENSED AS OF JUNE 30, 2021, AS AN ACUTE
TREATMENT UNIT
, A COMMUNITY MENTAL HEALTH CENTER , A COMMUNITY
MENTAL HEALTH CLINIC
, OR A CRISIS STABILIZATION UNIT LICENSED AS A
COMMUNITY CLINIC SHALL APPLY FOR A BEHAVIORAL HEALTH ENTITY
LICENSE PRIOR TO THE EXPIRATION OF THE FACILITY
'S CURRENT LICENSE.
S
UCH A FACILITY IS SUBJECT TO THE STANDARDS UNDER WHICH IT IS
LICENSED AS OF
JULY 1, 2021, UNTIL SUCH TIME AS THE BEHAVIORAL
HEALTH ENTITY LICENSE IS ISSUED
.
(2) T
HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2024.
SECTION 12. In Colorado Revised Statutes, 25-27.6-108, amend
(2) as follows:
25-27.6-108. Behavioral health entity cash fund - created. (2) On
June 30, 2024
DECEMBER 31, 2024, the state treasurer shall transfer all
unexpended and unencumbered money in the fund to the behavioral health
PAGE 6-HOUSE BILL 23-1236 licensing cash fund created pursuant to section 27-50-506.
SECTION 13. In Colorado Revised Statutes, amend 25-27.6-112
as follows:
25-27.6-112. Repeal of article. This article 27.6 is repealed,
effective July 1, 2024 JANUARY 1, 2025.
SECTION 14. In Colorado Revised Statutes, 25.5-5-325, amend
(2)(b)(I) as follows:
25.5-5-325. Residential and inpatient substance use disorder
treatment - medical detoxification services - federal approval -
performance review report. (2) (b) Prior to seeking federal approval
pursuant to subsection (2)(a) of this section, the state department shall seek
input from relevant stakeholders, including existing providers of substance
use disorder treatment and medical detoxification services and behavioral
health administrative services organizations. The state department shall seek
input and involve stakeholders in decisions regarding:
(I) The coordination of benefits with behavioral health
administrative services organizations and the office of behavioral health in
the department of human services;
SECTION 15. In Colorado Revised Statutes, 25.5-5-803, amend
(1) as follows:
25.5-5-803. High-fidelity wraparound services for children and
youth - federal approval - reporting. (1) Subject to available
appropriations, the state department shall seek federal authorization from
the federal centers for medicare and medicaid services to provide
wraparound services for eligible children and youth who are at risk of
out-of-home placement or in an out-of-home placement. Prior to seeking
federal authorization, the state department shall seek input from relevant
stakeholders including counties, managed care entities participating in the
statewide managed care system, families of children and youth with
behavioral health disorders, communities that have previously implemented
wraparound services, mental health professionals, the behavioral health
administration and the office of behavioral health
in the department of
human services, and other relevant departments. The state department shall
PAGE 7-HOUSE BILL 23-1236 consider tiered care coordination as an approach when developing the
wraparound model.
SECTION 16. In Colorado Revised Statutes, 26-5-117, amend
(2)(a), (2)(b)(I), (2)(c), (4)(a) introductory portion, (4)(a)(II), (4)(b), (4)(c),
(4)(d), (5), and (8); and repeal (2)(b)(II) as follows:
26-5-117. Out-of-home placement for children and youth with
mental or behavioral needs - funding - report - rules - legislative
declaration - definitions - repeal. (2) (a) The BHA
STATE DEPARTMENT
shall develop a program to provide emergency resources to licensed
providers to help remove barriers such providers face in serving children
and youth whose behavioral or mental health needs require services and
treatment in a residential child care facility. Any such licensed provider
shall meet the requirements of a qualified residential treatment program, as
defined in section 26-5.4-102; a psychiatric residential treatment facility, as
defined in section 25.5-4-103 (19.5); treatment foster care; or therapeutic
foster care.
(b) (I) Beginning July 1, 2022, the BHA
STATE DEPARTMENT shall
provide ongoing operational support for psychiatric residential treatment
facilities, therapeutic foster care, treatment foster care, and qualified
residential treatment programs as described in subsection (2)(a) of this
section.
(II) For the 2022-23 budget year, the general assembly shall
appropriate money from the behavioral and mental health cash fund created
in section 24-75-230 to the BHA to fund operational support for psychiatric
residential treatment facilities for youth, qualified residential treatment
programs, therapeutic foster care, and treatment foster care for youth across
the state as described in this subsection (2).
(c) The BHA STATE DEPARTMENT and any person who receives
money from the BHA STATE DEPARTMENT shall comply with the
compliance, reporting, record-keeping, and program evaluation
requirements established by the office of state planning and budgeting and
the state controller in accordance with section 24-75-226 (5).
(4) (a) The BHA
STATE DEPARTMENT shall contract with licensed
providers for the delivery of services to children and youth who are
PAGE 8-HOUSE BILL 23-1236 determined eligible for and placed in the program. A provider that contracts
with the BHA STATE DEPARTMENT shall not:
(II) Discharge a child or youth based on the severity or complexity
of the child's or youth's physical, behavioral, or mental health needs; except
that the BHA
STATE DEPARTMENT may arrange for the placement of a child
or youth with an alternate contracted provider if the placement with the
alternate provider is better suited to deliver services that meet the needs of
the child or youth.
(b) The BHA
STATE DEPARTMENT shall reimburse a provider
directly for the costs associated with the placement of a child or youth in the
program for the duration of the treatment, including the costs the provider
demonstrates are necessary in order for the provider to operate continuously
during this period.
(c) The BHA
STATE DEPARTMENT shall coordinate with the
department of health care policy and financing to support continuity of care
and payment for services for any children or youth placed in the program.
(d) The BHA
STATE DEPARTMENT shall reimburse the provider one
hundred percent of the cost of unutilized beds in the program to ensure
available space for emergency residential out-of-home placements.
(5) (a) A hospital, health-care provider, provider of case
management services, school district, managed care entity, or state or
county department of human or social services may refer a family for the
placement of a child or youth in the program. The entity referring a child or
youth for placement in the program shall submit or assist the family with
submitting an application to the BHA
STATE DEPARTMENT for review. The
BHA STATE DEPARTMENT shall consider each application as space becomes
available. The BHA STATE DEPARTMENT shall approve admissions into the
program and determine admission and discharge criteria for placement.
(b) The BHA STATE DEPARTMENT shall develop a discharge plan for
each child or youth placed in the program. The plan must include the
eligible period of placement of the child or youth and shall
MUST identify
the entity that will be responsible for the placement costs if the child or
youth remains with the provider beyond the date of eligibility identified in
the plan.
PAGE 9-HOUSE BILL 23-1236 (c) The entity or family that places the child or youth in the program
retains the right to remove the child or youth from the program any time
prior to the discharge date specified by the BHA
STATE DEPARTMENT.
(8) This section is intended to provide enhanced emergency services
resulting from the increased need for services due to the COVID-19
pandemic. No later than September 30, 2024, the BHA
STATE DEPARTMENT
shall submit recommendations to the house of representatives public and behavioral health and human services committee, the senate health and human services committee, or their successor committees, and the joint budget committee about how to provide necessary services for children and youth in need of residential care, including hospital step-down services on an ongoing basis.
SECTION 17. In Colorado Revised Statutes, 27-50-101, amend
(4), (7), (11) introductory portion, and (13); and repeal (11)(g) as follows:
27-50-101. Definitions. As used in this article 50, unless the context
otherwise requires:
(4) "Behavioral health entity" means a facility or provider
organization engaged in providing community-based health services, which
may include services for a behavioral health disorder but does not include
residential child care facilities, as defined in section 26-6-903 (29),
detention and commitment facilities operated by the division of youth services within the department of human services or services provided by a licensed or certified mental health-care provider under the provider's individual professional practice act on the provider's own premises.
(7) "Behavioral health safety net provider" means any and all
behavioral health safety net providers, including comprehensive community
behavioral health providers and essential behavioral health safety net
providers. A community mental health center pursuant to 42 U.S.C. sec.
300x-2(c) and that is licensed as a behavioral health entity may apply to be
approved as a comprehensive community behavioral health provider, an
essential behavioral health safety net provider, or both.
(11) "Comprehensive community behavioral health provider" means
a licensed behavioral health entity
OR BEHAVIORAL HEALTH PROVIDER
approved by the behavioral health administration to provide CARE
PAGE 10-HOUSE BILL 23-1236 COORDINATION AND the following behavioral health safety net services,
either directly or through formal agreements with behavioral health
providers in the community or region:
(g) Care coordination;
(13) "Essential behavioral health safety net provider" means a
licensed behavioral health entity or behavioral health provider approved by
the behavioral health administration to provide
CARE COORDINATION AND
at least one of the FOLLOWING behavioral health safety net services:
described in subsection (11) of this section.
(a) EMERGENCY OR CRISIS BEHAVIORAL HEALTH SERVICES ;
(b) B
EHAVIORAL HEALTH OUTPATIENT SERVICES ;
(c) B
EHAVIORAL HEALTH HIGH-INTENSITY OUTPATIENT SERVICES;
(d) B
EHAVIORAL HEALTH RESIDENTIAL SERVICES ;
(e) W
ITHDRAWAL MANAGEMENT SERVICES ;
(f) B
EHAVIORAL HEALTH INPATIENT SERVICES ;
(g) I
NTEGRATED CARE SERVICES;
(h) H
OSPITAL ALTERNATIVES; OR
(i) ADDITIONAL SERVICES THAT THE BEHAVIORAL HEALTH
ADMINISTRATION DETERMINES ARE NECESSARY IN A REGION OR
THROUGHOUT THE STATE
.
SECTION 18. In Colorado Revised Statutes, 27-50-102, add (3) as
follows:
27-50-102. Behavioral health administration - creation -
coordination - health oversight agency. (3) F
OR THE PURPOSE OF
OVERSEEING THE BEHAVIORAL HEALTH CARE SYSTEM IN
COLORADO AND
DISCHARGING THE
BHA'S DUTIES AS DESCRIBED IN THIS ARTICLE 50, THE
BHA IS A HEALTH OVERSIGHT AGENCY, AS DEFINED IN 45 CFR 164.501.
PAGE 11-HOUSE BILL 23-1236 SECTION 19. In Colorado Revised Statutes, 27-50-105, amend
(1)(dd); and add (4) as follows:
27-50-105. Administration of behavioral health programs - state
plan - sole mental health authority - gifts, grants, or donations. (1) The
BHA shall administer and provide the following behavioral health programs
and services:
(dd) The care navigation program pursuant to section 27-80-119
SECTION 27-60-204;
(4) T
HE BHA MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR
DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSE OF
ADMINISTERING ANY BEHAVIORAL HEALTH PROGRAM OR SERVICE DESCRIBED
IN SUBSECTION
(1) OF THIS SECTION. THE COMMISSIONER, WITH THE
APPROVAL OF THE GOVERNOR
, MAY DIRECT THE DISPOSITION OF ANY GIFT,
GRANT, OR DONATION FOR ANY PURPOSE CONSISTENT WITH THE TERMS AND
CONDITIONS FOR WHICH THE GIFT
, GRANT, OR DONATION WAS GIVEN.
SECTION 20. In Colorado Revised Statutes, 27-50-106, amend (1)
introductory portion and (1)(a) as follows:
27-50-106. Transfer of functions. (1) The powers, duties, and
functions previously administered by the department of public health and
environment concerning licensing behavioral health entities pursuant to
article 27.6 of title 25 shall transfer to the BHA over a period of two years,
with all functions fully transferred to the BHA by July 1, 2024
JANUARY 1,
2025, as follows:
(a) The department of public health and environment shall continue
issuing and renewing behavioral health entity licenses until June 30, 2023
SEPTEMBER 30, 2023, after which date the department of public health and
environment shall not renew or confer any new behavioral health entity
licenses. Behavioral health entities that are licensed by the department of
public health and environment are subject to the rules and orders of the
department of public health and environment until such rules and orders are
revised, amended, repealed, or nullified. The department of public health
and environment shall continue compliance monitoring and enforcement
activities until all licenses the department of public health and environment
has conferred are expired, revoked, or surrendered, but not after June 30,
PAGE 12-HOUSE BILL 23-1236 2024 DECEMBER 31, 2025.
SECTION 21. In Colorado Revised Statutes, 27-50-201, amend (5)
as follows:
27-50-201. Behavioral health system monitoring - capacity -
safety net performance. (5) (a) The BHA shall collaborate with the
department of health care policy and financing to establish data collection
and reporting requirements that align with the performance standards
established in this section and that are of a high value in promoting systemic
improvements. In establishing data collection and reporting requirements,
the BHA must consider the impact on behavioral health providers and
clients and state information technology systems.
(b) W
HERE APPLICABLE, THE BHA SHALL COORDINATE WITH THE
HEALTH INFORMATION ORGANIZATION NETWORKS TO PRIORITIZE
LEVERAGING THE HEALTH INFORMATION ORGANIZATION NETWORK
INFRASTRUCTURE TO MEET THE REQUIREMENTS OF THIS SECTION AND TO
PROMOTE THE INTEROPERABLE EXCHANGE OF DATA TO IMPROVE THE
QUALITY OF PATIENT CARE
. THE BHA SHALL COORDINATE WITH THE HEALTH
INFORMATION ORGANIZATION NETWORKS ON RELEVANT PROVISIONS OF THE
UNIVERSAL CONTRACT PURSUANT TO SECTION
27-50-203 (1)(a).
SECTION 22. In Colorado Revised Statutes, 27-50-301, amend (1)
as follows:
27-50-301. Behavioral health safety net system implementation.
(1) No later than July 1, 2024, the BHA, in collaboration with the
department of health care policy and financing and the department of public
health and environment, shall establish a comprehensive and standardized
behavioral health safety net system throughout the state that must include
behavioral health safety net services for children, youth, and adults,
INCLUDING ADULTS WHO HAVE A SERIOUS MENTAL ILLNESS AND CHILDREN
AND YOUTH WHO HAVE A SERIOUS EMOTIONAL DISTURBANCE
, along a
continuum of care.
SECTION 23. In Colorado Revised Statutes, 27-50-302, add (4)(f)
as follows:
27-50-302. Requirement to serve priority populations - screening
PAGE 13-HOUSE BILL 23-1236 and triage for individuals in need of behavioral health services -
referrals. (4) (f) A
BEHAVIORAL HEALTH SAFETY NET PROVIDER SHALL
INCLUDE SERVICES THAT ADDRESS THE L ANGUAGE
, ABILITY, AND CULTURAL
BARRIERS
, AS NECESSARY, TO SERVE COMMUNITIES OF COLOR AND OTHER
UNDERSERVED POPULATIONS
.
SECTION 24. In Colorado Revised Statutes, amend 27-50-401 as
follows:
27-50-401. Regional behavioral health administrative services
organizations - establishment. (1) No later than July 1, 2024
JULY 1,
2025, the commissioner BHA shall select and contract with regionally based
INFORMED behavioral health organizations to establish, administer, and
maintain adequate networks of behavioral health safety net services and
care coordination, as described in part 3 of this article 50.
(2) The commissioner
BHA shall designate regions of the state
ESTABLISH A COMMUNITY -INFORMED STRUCTURE for A behavioral health
administrative services organizations ORGANIZATION to operate. In
establishing regions THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES
ORGANIZATION STRUCTURE
, the commissioner
BHA shall consult with the
department of health care policy and financing to ensure consideration of
the regional structure that serves the medicaid population.
SECTION 25. In Colorado Revised Statutes, 27-50-402, amend (2)
introductory portion as follows:
27-50-402. Behavioral health administrative services
organizations - application - designation - denial - revocation. (2) The
commissioner shall select a behavioral health administrative services
organization based on factors established by BHA rules and the
"Procurement Code", articles 101 to 112 of title 24. T
HE BHA SHALL
REQUIRE AN APPLICANT TO FURNISH LETTERS OF SUPPORT FROM
STAKEHOLDERS IN THE REGION THE APPLICANT IS APPLYING TO CONTRACT
FOR
, INCLUDING, BUT NOT LIMITED TO, COUNTY COMMISSIONERS AND
ADVOCACY OR COMMUNITY
-BASED ORGANIZATIONS . THE LETTERS OF
SUPPORT MUST DEMONSTRATE THE APPLICANT
'S ABILITY TO SERVE THE
COMMUNITY
. The factors for selection must include, but are not limited to,
the following:
PAGE 14-HOUSE BILL 23-1236 SECTION 26. In Colorado Revised Statutes, 27-50-501, amend
(1)(a), (1)(b) introductory portion, and (1)(c) as follows:
27-50-501. Behavioral health entities - license required -
criminal and civil penalties. (1) (a) On and after July 1, 2024 JANUARY 1,
2024, it is unlawful for any person, partnership, association, or corporation
to conduct or maintain a behavioral health entity, including a substance use
disorder program or alcohol use disorder program, without having obtained
a license from the BHA.
(b) On and after July 1, 2023
JANUARY 1, 2024, an entity seeking
initial licensure as a behavioral health entity shall apply for a behavioral
health entity license from the BHA if the entity would previously have been
licensed or subject to any of the following:
(c) A facility with a license or approval on or before June 30, 2023
DECEMBER 31, 2023, as a behavioral health entity or a substance use
disorder program, shall apply for a behavioral health entity license prior to
the expiration of the facility's current license or approval. Such a facility is
subject to the standards under which it is licensed or approved as of July 1,
2023 JANUARY 1, 2024, until such time as the BHA's behavioral health
entity license is issued or denied.
SECTION 27. In Colorado Revised Statutes, 27-50-502, amend (1)
introductory portion as follows:
27-50-502. Behavioral health entities - minimum standard -
rules. (1) No later than April 30, 2023 JANUARY 1, 2024, the BHA shall
promulgate rules pursuant to section 24-4-103 providing minimum
standards for the operation of behavioral health entities within the state,
including the following:
SECTION 28. In Colorado Revised Statutes, 27-50-504, amend
(1)(a) as follows:
27-50-504. License fees - rules. (1) (a) By April 30, 2023
JANUARY
1, 2024, the commissioner shall promulgate rules establishing a schedule of
fees sufficient to meet the direct and indirect costs of administration and
enforcement of this part 5.
PAGE 15-HOUSE BILL 23-1236 SECTION 29. In Colorado Revised Statutes, 27-50-505, amend (2)
as follows:
27-50-505. License - denial - suspension - revocation. (2) (a) The
BHA may suspend, revoke, or refuse to renew the license of any behavioral
health entity that is out of compliance with the requirements of this part 5
or the rules promulgated pursuant to this part 5. Suspension, revocation, or
refusal must not occur until after a hearing and in compliance with the
provisions and procedures specified in article 4 of title 24;
EXCEPT THAT
THE
BHA MAY SUMMARILY SUSPEND A BEHAVIORAL HEALTH ENTITY 'S
LICENSE BEFORE A HEARING IN ACCORDANCE WITH SECTION
24-4-104 (4)(a).
(b) A
FTER CONDUCTING A HEARING IN ACCORDANCE WITH ARTICLE
4 OF TITLE 24, THE BHA MAY REVOKE OR REFUSE TO RENEW A BEHAVIORAL
HEALTH ENTITY
'S LICENSE IF THE OWNER, MANAGER, OR ADMINISTRATOR OF
THE BEHAVIORAL HEALTH ENTITY HAS BEEN CONVICTED OF A FELONY OR
MISDEMEANOR INVOLVING CONDUCT THAT THE
BHA DETERMINES COULD
POSE A RISK TO THE HEALTH
, SAFETY, OR WELFARE OF THE BEHAVIORAL
HEALTH ENTITY
'S CONSUMERS.
SECTION 30. In Colorado Revised Statutes, 27-50-403, amend
(1)(i); and add (1)(k) as follows:
27-50-403. Behavioral health administrative services
organizations - contract requirements - individual access - care
coordination. (1) The BHA shall develop a contract for designated
behavioral health administrative services organizations, which must include,
but is not limited to, the following:
(i) Any provisions necessary to ensure the behavioral health
administrative services organization fulfills the functions provided in
subsection (2) of this section; and
(k) A REQUIREMENT THAT THE BEHAVIORAL HEALTH
ADMINISTRATIVE SERVICES ORGANIZATION PERFORM APPROPRIATE FISCAL
MANAGEMENT AND QUALITY OVERSIGHT OF PROVIDERS IN ITS NETWORK
WITHIN THE SCOPE OF THE PROVIDER
'S CONTRACT, INCLUDING, BUT NOT
LIMITED TO
, THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES
ORGANIZATION DIRECTLY ENGAGING IN AUDITS AND CORRECTIVE ACTION
PLANS WITH PROVIDERS IN ITS NETWORK TO ENSURE COMPLIANCE WITH THE
PAGE 16-HOUSE BILL 23-1236 CONTRACT.
SECTION 31. In Colorado Revised Statutes, 27-50-703, amend (1)
and (3); and add (1.3) and (1.5) as follows:
27-50-703. Advisory council - regional subcommittees -
subcommittees - working groups. (1) The BHA shall create one A
regional subcommittee of the advisory council STRUCTURE AS PART OF THE
BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATIONS TO
PROMOTE LOCAL COMMUNITY INPUT PERTAINING TO BEHAVIORAL HEALTH
SERVICE NEEDS
. IN ESTABLISHING A REGIONAL SUBCOMMITTEE STRUCTURE ,
THE BHA SHALL, TO THE BEST OF THE BHA'S ABILITY, ALIGN
GEOGRAPHICALLY WITH JUDICIAL DISTRICTS WHENEVER FEASIBLE
, TAKING
INTO CONSIDERATION COMMUNITY FEEDBACK ON WHERE AND HOW
INDIVIDUALS RECEIVE SERVICES IN THEIR COMMUNITIES
. for each behavioral
health administrative services organization region established pursuant to
section 27-50-401. Regional subcommittee members are appointed by the
commissioner for three-year terms; except that initial terms may be for two
years. Each regional THE subcommittee consists of five NINE members.
Membership of the regional subcommittees must include:
(a) At least One individual with expertise in the behavioral health
needs of children and youth
APPOINTED BY A LOCAL OR REGIONAL PUBLIC
HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE
'S REGION;
(b) At least
One individual who represents a behavioral health safety
net provider that operates within the region
APPOINTED BY A LOCAL OR
REGIONAL PUBLIC HEALTH OR HUMAN SERVICE AGENCY WITHIN THE
SUBCOMMITTEE
'S REGION; and
(c) A county commissioner of a county situated within the region
APPOINTED BY THE BHA;
(d) O
NE INDIVIDUAL WITH A CONNECTION TO A KINDERGARTEN
THROUGH TWELFTH GRADE SCHOOL DISTRICT WITHIN THE SUBCOMMITTEE
'S
REGION APPOINTED BY A LOCAL OR REGIONAL PUBLIC HEALTH OR HUMAN
SERVICE AGENCY WITHIN THE SUBCOMMITTEE
'S REGION;
(e) O
NE INDIVIDUAL WITH THE CRIMINAL JUSTICE SYSTEM WITHIN
THE SUBCOMMITTEE
'S REGION APPOINTED BY A LOCAL OR REGIONAL PUBLIC
PAGE 17-HOUSE BILL 23-1236 HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE 'S REGION;
(f) O
NE INDIVIDUAL WITH LIVED EXPERIENCE OR A COMMUNITY
MEMBER WHO IS NOT ALSO A BEHAVIORAL HEALTH PROVIDER APPOINTED BY
A LOCAL OR REGIONAL PUBLIC HEALTH OR HUMAN SERVICE AGENCY WITHIN
THE SUBCOMMITTEE
'S REGION;
(g) O
NE INDIVIDUAL WITH LIVED EXPERIENCE APPOINTED BY THE
BHA; AND
(h) TWO INDIVIDUALS WITH LIVED EXPERIENCE NOT ASSOCIATED
WITH A BEHAVIORAL HEALTH TREATMENT PROVIDER APPOINTED BY THE
BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATION CREATED
PURSUANT TO PART
4 OF THIS ARTICLE 50 THAT REPRESENT THE
SUBCOMMITTEE
'S REGION.
(1.3) T
HE REGIONAL SUBCOMMITTEE IS CREATED TO DIRECTLY
INFORM THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE OR GANIZATION
IN THE REGION IN ORDER TO IMPROVE SERVICES
, ACCOUNTABILITY, AND
TRANSPARENCY IN THE REGION
. THE BEHAVIORAL HEALTH ADMINISTRATIVE
SERVICE ORGANIZATION SHALL STAFF ALL SUBCOMMITTEE M EETINGS
, WHICH
SHALL MEET A MINIMUM OF SIX TIMES A YEAR AND ALLOW FOR PUBLIC
COMMENT DURING EACH MEETING
. THE BEHAVIORAL HEALTH
ADMINISTRATIVE SERVICE ORGANIZATION SHALL ENGAGE WITH THE
REGIONAL SUBCOMMITTEE
, AT A MINIMUM, ON THE FOLLOWING AREAS:
(a) W
HEN DETERMINING WHAT SERVICES ARE NEEDED TO ESTABLISH
A FULL CONTINUUM OF CARE IN THE REGION
;
(b) W
HEN ADDRESSING BARRIERS TO INDIVIDUALS ACCESSING
QUALITY AND TIMELY CARE IN THE REGION
; AND
(c) NEEDED SPECIALTY SERVICES FOR PRIORITY POPULATIONS .
(1.5) T
HE BEHAVIORAL HEALTH ADMINISTRATION ADVISORY
COUNCIL
, CREATED PURSUANT TO SECTION 27-50-701, SHALL ESTABLISH A
PROCESS TO RECEIVE DIRECT FEEDBACK FROM THE REGIONAL
SUBCOMMITTEE THROUGHOUT THE YEAR TO CONSIDER INCLUDING IN THE
BEHAVIORAL HEALTH ADMINISTRATION ADVISORY COUNCIL
'S ANNUAL
REPORT REQUIRED PURSUANT TO SECTION
27-50-701 (2)(d).
PAGE 18-HOUSE BILL 23-1236 (3) Each UNLESS COMMITTEE MEMBERSHIP IS ESTABLISHED
PURSUANT TO STATE OR FEDERAL LAW
, THE REGIONAL SUBCOMMITTEE AND
committee membership shall maintain a majority of members who represent
individuals with lived behavioral health experience or families of
individuals with lived behavioral health experience.
SECTION 32. In Colorado Revised Statutes, 27-60-105, amend
(2), (4)(d), (4)(e), (5) introductory portion, (5)(d), and (5)(e); repeal (4)(f)
and (5)(f); and add (4.5) and (5.5) as follows:
27-60-105. Outpatient restoration to competency services -
jail-based behavioral health services - responsible entity - duties -
report - legislative declaration. (2) The state department serves as a
central organizing structure and responsible entity for the provision of
competency restoration education services
AND coordination of competency
restoration services ordered by the court pursuant to section 16-8.5-111
(2)(b) or 19-2.5-704 (2), and
THE BEHAVIORAL HEALTH ADMINISTRATION
SERVES AS THE CENTRAL ORGANIZING STRUCTURE AND RESPONSIBLE ENTITY
FOR
jail-based behavioral health services pursuant to section 27-60-106.
(4) Beginning July 1, 2019, the state department has the following
duties and responsibilities, subject to available appropriations:
(d) To engage with key stakeholders in the juvenile and adult justice
systems to develop best practices in the delivery of competency restoration
services;
AND
(e) To make recommendations for legislation. and
(f) To oversee the functions of the jail-based behavioral health
services program created in section 27-60-106.
(4.5) BEGINNING JULY 1, 2023, SUBJECT TO AVAILABLE
APPROPRIATIONS
, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL
OVERSEE FUNCTIONS OF THE JAIL
-BASED BEHAVIORAL HEALTH SERVICES
PROGRAM CREATED IN SECTION
27-60-106.
(5) Notwithstanding section 24-1-136 (11)(a)(I), on or before
January 1, 2019, and every January 1 thereafter, the state department shall
submit an annual written report to the general assembly summarizing the
PAGE 19-HOUSE BILL 23-1236 state department's provision of competency restoration education AND its
efforts toward the coordination of competency restoration education with
other existing services. and the results of the jail-based behavioral health
services program created in section 27-60-106. The report must include:
(d) A description of opportunities to maximize and increase
available resources and funding;
AND
(e) A description of gaps in and conflicts with existing funding,
services, and programming essential to the effective restoration of
competency for juveniles and adults; and
(f) A description of the services funded through the jail-based
behavioral health services program created in section 27-60-106.
(5.5) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR
BEFORE
JANUARY 1, 2024, AND EVERY JANUARY 1 THEREAFTER, THE
BEHAVIORAL HEALTH ADMINISTRATION SHALL SUBMIT AN ANNUAL WRITTEN
REPORT TO THE GENERAL ASSEMBLY SUMMARIZING THE RESULTS OF THE
JAIL
-BASED BEHAVIORAL HEALTH SERVICES PROGRAM CREATED IN SECTION
27-60-106. THE REPORT MUST INCLUDE A DESCRIPTION OF THE SERVICES
FUNDED THROUGH THE JAIL
-BASED BEHAVIORAL HEALTH SERVICES
PROGRAM CREATED IN SECTION
27-60-106.
SECTION 33. In Colorado Revised Statutes, 27-60-104, add (6.5)
as follows:
27-60-104. Behavioral health crisis response system - crisis
service facilities - walk-in centers - mobile response units - report.
(6.5) F
OR STATE FISCAL YEAR 2023-24, THE BHA SHALL SAFEGUARD
PARTNERSHIPS BETWEEN COMMUNITY
-BASED BEHAVIORAL HEALTH
PROVIDERS AND RURAL HOSPITALS BY ALLOCATING MONEY TO
COMMUNITY
-BASED BEHAVIORAL HEALTH PROVIDERS .
SECTION 34. In Colorado Revised Statutes, 27-60-204, amend
(1)(a) introductory portion, (6)(c), and (6)(d); add (6)(e); and add with
amended and relocated provisions (9) as follows:
27-60-204. Care coordination infrastructure - implementation
- care navigation program - creation - report - rules - definition -
PAGE 20-HOUSE BILL 23-1236 repeal. (1) Care coordination infrastructure. (a) No later than July 1,
2024, the BHA, in collaboration with the department of health care policy
and financing, shall develop a statewide care coordination infrastructure to
drive accountability and more effective behavioral health navigation to care
that builds upon and collaborates with existing care coordination services.
The infrastructure must include:
(6) Beginning January 2025, and each January thereafter, the
department of health care policy and financing shall assess the care
coordination services provided by managed care entities and provide a
report as part of its "State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act" hearing required by section
2-7-203. At a minimum, the report must include:
(c) Data on efforts made to reconnect with individuals that
WHO did
not initially follow through on care coordination services; and
(d) Data on referrals to community-based services and follow-up
services by each managed care entity for individuals served through care
coordination services;
AND
(e) DATA ON THE UTILIZATION OF CARE NAVIGATION SERVICES
PURSUANT TO SUBSECTION
(9) OF THIS SECTION IN ACCORDANCE WITH STATE
AND FEDERAL HEALTH
-CARE PRIVACY LAWS.
(9) Care navigation program. (a) [Formerly 27-80-119 (2)] As
used in this section, "engaged client" means an individual who is interested
in and willing to engage in substance use disorder treatment and recovery
services or other treatment services either for the individual or an affected
family member or friend.
(b) [Formerly 27-80-119 (3)] Subject to available appropriations,
the BHA shall implement a care navigation program to assist engaged
clients in obtaining access to treatment for substance use disorders. At a
minimum, services available statewide must include independent screening
of the treatment needs of the engaged client using nationally recognized
screening criteria to determine the correct level of care; the identification
of licensed or accredited substance use disorder treatment options, including
social and medical detoxification services, medication-assisted treatment,
and inpatient and outpatient treatment programs; and the availability of
PAGE 21-HOUSE BILL 23-1236 various treatment options for the engaged client.
(c) [Formerly 27-80-119 (4)] To implement the care navigation
program, the BHA shall, include DIRECTLY OR THROUGH CONTRACT ,
PROVIDE care navigation services AND ALIGN THE CARE NAVIGATION
SERVICES WITH THE CARE COORDINATION INFRASTRUCTURE ESTABLISHED
PURSUANT TO THIS SECTION
. in the twenty-four-hour telephone crisis service
created pursuant to section 27-60-103. The contractor selected by the BHA
must provide care navigation services to engaged clients statewide. Care
navigation services must be available twenty-four hours a day and must be
accessible through various formats. The contractor shall coordinate services
in conjunction with other state care navigation and coordination services
and behavioral health response systems to ensure coordinated and integrated
service delivery. The use of peer support specialists is encouraged in the
coordination of services. The contractor shall assist the engaged client with
accessing treatment facilities, treatment programs, or treatment providers
and shall provide services to engaged clients regardless of the client's payer
source or whether the client is uninsured. Once the engaged client has
initiated treatment, the contractor is no longer responsible for care
navigation for that engaged client for that episode. Engaged clients who are
enrolled in the medical assistance program pursuant to articles 4, 5, and 6
of title 25.5 shall be provided with contact information for their managed
care entity. The contractor shall conduct ongoing outreach to inform
behavioral health providers, counties, county departments of human or
social services, jails, law enforcement personnel, health-care professionals,
and other interested persons about care navigation services.
(d) [Formerly 27-80-119 (7)] The state board of human services
may promulgate any rules necessary to implement the care navigation
program.
SECTION 35. In Colorado Revised Statutes, 27-64-104, amend (3)
as follows:
27-64-104. 988 crisis hotline cash fund - creation. (3) Subject to
annual appropriation by the general assembly MONEY IN THE FUND IS
CONTINUOUSLY APPROPRIATED
. The enterprise may expend money from the
fund for the purposes outlined in section 27-64-103 (4)(c) and (4)(d).
SECTION 36. In Colorado Revised Statutes, 27-65-106, amend as
PAGE 22-HOUSE BILL 23-1236 it will become effective July 1, 2023, (9)(a) introductory portion as
follows:
27-65-106. Emergency mental health hold - screening -
court-ordered evaluation - discharge instructions - respondent's rights.
(9) (a) On or before July 1, 2023 JULY 1, 2024, and each July 1 thereafter,
each emergency medical services facility that has evaluated a person
pursuant to this section shall provide an annual report to the BHA that
includes only disaggregated and nonidentifying information concerning
persons who were treated at an emergency medical services facility
pursuant to this section. The report must comply with section 24-1-136 (9)
and is exempt from section 24-1-136 (11)(a)(I). The report must contain the
following:
SECTION 37. In Colorado Revised Statutes, 27-65-107, amend
(3), (4)(a) introductory portion, and (4)(a)(V) as follows:
27-65-107. Emergency transportation - application - screening
- respondent's rights. (3) (a) Once the person is presented to an outpatient
mental health facility or facility designated by the commissioner, an
intervening professional shall screen the person immediately. If an
intervening professional is not immediately available, the person must be
screened within eight hours after the person's arrival at the facility to
determine if the person meets criteria for an emergency mental health hold
pursuant to section 27-65-106. Once the screening is completed and if the
person meets the criteria, the intervening professional shall first pursue
voluntary treatment and evaluation. If the person refuses or the intervening
professional has reasonable grounds to believe the person will not remain
voluntarily, the intervening professional may place the person under an
emergency mental health hold pursuant to section 27-65-106.
(b) I
F A PERSON DETAINED PURSUANT TO THIS SECTION IS
TRANSPORTED TO AN EMERGENCY MEDICAL SERVICES FACILITY
, THE
INVOLUNTARY TRANSPORTATION HOLD EXPIRES UPON THE FACILITY
RECEIVING THE PERSON FOR SCREENING BY AN INTERVENING PROFESSIONAL
.
(4) (a) A person detained pursuant to this section at an outpatient
mental health facility or facility designated by the commissioner, has the
following rights while being detained, which must be explained to the
person before being transported to a receiving facility:
PAGE 23-HOUSE BILL 23-1236 (V) To have appropriate access to adequate water and food FOOD;
and to have the person's nutritional needs met in a manner that is consistent
with recognized dietary practices,
TO THE EXTENT REASONABLY POSSIBLE
AT THE RECEIVING FACILITY
;
SECTION 38. In Colorado Revised Statutes, 27-65-113, amend
(5)(a) and (5)(b) as follows:
27-65-113. Hearing procedures - jurisdiction. (5) (a) In the event
that a respondent or a person found not guilty by reason of impaired mental
condition pursuant to section 16-8-103.5 (5), or by reason of insanity
pursuant to section 16-8-105 (4) or 16-8-105.5, refuses to accept
medication, the court having jurisdiction of the action pursuant to
subsection (4) of this section, the court committing the person or defendant
to the custody of the BHA
DEPARTMENT pursuant to section 16-8-103.5 (5),
16-8-105 (4), or 16-8-105.5, or the court of the jurisdiction in which the
designated facility treating the respondent or person is located has
jurisdiction and venue to accept a petition by a treating physician and to
enter an order requiring that the respondent or person accept such treatment
or, in the alternative, that the medication be forcibly administered to the
respondent or person. The court of the jurisdiction in which the designated
facility is located shall not exercise its jurisdiction without the permission
of the court that committed the person to the custody of the BHA
DEPARTMENT. Upon the filing of such a petition, the court shall appoint an
attorney, if one has not been appointed, to represent the respondent or
person and hear the matter within ten days.
(b) In any case brought pursuant to subsection (5)(a) of this section
in a court for the county in which the treating facility is located, the county
where the proceeding was initiated pursuant to subsection (4) of this section
or the court committing the person to the custody of the BHA
DEPARTMENT
pursuant to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, shall either reimburse the county in which the proceeding pursuant to this subsection (5) was filed and in which the proceeding was held for the reasonable costs incurred in conducting the proceeding or conduct the proceeding itself using
its own personnel and resources, including its own district or county
attorney, as the case may be.
SECTION 39. In Colorado Revised Statutes, 27-65-123, amend
(1)(a) as follows:
PAGE 24-HOUSE BILL 23-1236 27-65-123. Records. (1) Except as provided in subsection (2) of
this section, all information obtained and records prepared in the course of
providing any services to any person pursuant to any provision of this article
65 are confidential and privileged matter. The information and records may
be disclosed only:
(a) In communications between qualified professional
PROFESSIONALS, FACILITY personnel, OR STATE AGENCIES in the provision
of services or appropriate referrals;
SECTION 40. In Colorado Revised Statutes, 27-71-104, amend (3)
as follows:
27-71-104. Mental health residential facilities - initial license
requirements - repeal. (3) On and after July 1, 2023 OCTOBER 1, 2023, the
behavioral health administration is responsible for licensing mental health
home- and community-based waiver
residential facilities.
SECTION 41. In Colorado Revised Statutes, 27-80-102, amend (1)
introductory portion and (2) as follows:
27-80-102. Duties of the behavioral health administration.
(1) The office of behavioral health ADMINISTRATION is a type 2 entity, as
defined in section 24-1-105, and is responsible for the powers, duties, and
functions relating to the alcohol and drug driving safety program specified
in section 42-4-1301.3. The office of
behavioral health ADMINISTRATION
shall formulate a comprehensive state plan for substance use disorder treatment programs. The office of
behavioral health ADMINISTRATION shall
submit the state plan to the governor and, upon the governor's approval,
submit it to the appropriate United States agency for review and approval.
The state plan must include, but not be limited to:
(2) The department, acting by and through the office of
behavioral
health
ADMINISTRATION, is designated as the sole state agency for the
supervision of the administration of the state plan.
SECTION 42. In Colorado Revised Statutes, 27-80-107, amend
(1), (2) introductory portion, (2)(b), (2)(d), (2.5)(a) introductory portion,
(2.5)(a)(II), (3), (4), (5), and (7) as follows:
PAGE 25-HOUSE BILL 23-1236 27-80-107. Designation of managed service organizations -
purchase of services - revocation of designation. (1) The director of the
office of behavioral health ADMINISTRATION shall establish designated
service areas to provide substance use disorder treatment and recovery
services in a particular geographical region of the state.
(2) To be selected as a designated managed service organization to
provide services in a particular designated service area, a private
corporation; for profit or not for profit; or a public agency, organization, or
institution shall apply to the office of
behavioral health ADMINISTRATION for
a designation in the form and manner specified by the executive director or
the executive director's COMMISSIONER OR THE COMMISSIONER 'S designee.
The designation process is in lieu of a competitive bid process pursuant to
the "Procurement Code", articles 101 to 112 of title 24. The director of the
office of behavioral health COMMISSIONER OR THE COMMISSIONER 'S
DESIGNEE
shall make the designation based on factors established by the
executive director or the executive director's
COMMISSIONER OR THE
COMMISSIONER
'S designee. The factors for designation established by the
executive director or the executive director's designee include the
following:
(b) Whether the managed service organization has experience
working with publicly funded clients, including expertise in treating priority
populations designated by the office of
behavioral health ADMINISTRATION;
(d) Whether the managed service organization has experience using
the cost-share principles used by the office of behavioral health
ADMINISTRATION in its contracts with providers and is willing to cost-share;
(2.5) (a) On or before January 1, 2023, in order to promote
transparency and accountability, the office of behavioral health
ADMINISTRATION shall require each managed service organization that has
twenty-five percent or more ownership by providers of behavioral health
services to comply with the following conflict of interest policies:
(II) The office of
behavioral health ADMINISTRATION shall quarterly
review a managed service organization's funding allocation to ensure that
all providers are being equally considered for funding. The office of
behavioral health ADMINISTRATION is authorized to review any other
pertinent information to ensure the managed service organization is meeting
PAGE 26-HOUSE BILL 23-1236 state and federal rules and regulations and is not inappropriately giving
preference to providers with ownership or board membership.
(3) The designation of a managed service organization by the
director of the office of behavioral health COMMISSIONER, as described in
subsection (2) of this section, is an initial decision of the department which
THAT may be reviewed by the executive director in accordance with the
provisions of section 24-4-105. Review by the executive director in
accordance with section 24-4-105 constitutes final agency action for
purposes of judicial review.
(4) (a) The terms and conditions for providing substance use
disorder treatment and recovery services must be specified in the contract
entered into between the office of
behavioral health ADMINISTRATION and
the designated managed service organization. Contracts entered into
between the office of
behavioral health ADMINISTRATION and the designated
managed service organization must include terms and conditions prohibiting
a designated managed service organization contracted treatment provider
from denying or prohibiting access to medication-assisted treatment, as
defined in section 23-21-803, for a substance use disorder.
(b) Contracts entered into between the office of
behavioral health
ADMINISTRATION and the designated managed service organization must
include terms and conditions that outline the expectations for the designated
managed service organization to invest in the state's recovery services
infrastructure, which include peer-run recovery support services and
specialized services for underserved populations. Investments are based on
available appropriations.
(5) The contract may include a provisional designation for ninety
days. At the conclusion of the ninety-day provisional period, the director of
the office of behavioral health COMMISSIONER may choose to revoke the
contract or, subject to meeting the terms and conditions specified in the
contract, may choose to extend the contract for a stated time period.
(7) (a) The director of the office of behavioral health
COMMISSIONER
may revoke the designation of a designated managed service organization
upon finding that the managed service organization is in violation of the
performance of the provisions of or rules promulgated pursuant to this
article 80. The revocation must conform to the provisions and procedures
PAGE 27-HOUSE BILL 23-1236 specified in article 4 of title 24, and occur only after notice and an
opportunity for a hearing is provided as specified in article 4 of title 24. A
hearing to revoke a designation as a designated managed service
organization constitutes final agency action for purposes of judicial review.
(b) Once a designation has been revoked pursuant to subsection
(7)(a) of this section, the director of the office of behavioral health
COMMISSIONER may designate one or more service providers to provide the
treatment services pending designation of a new designated managed
service organization or may enter into contracts with subcontractors to
provide the treatment services.
(c) From time to time, the director of the office of behavioral health
COMMISSIONER may solicit applications from applicants for managed
service organization designation to provide substance use disorder treatment
and recovery services for a specified planning area or areas.
SECTION 43. In Colorado Revised Statutes, 27-80-108, amend
(1)(c) and (1)(d) as follows:
27-80-108. Rules. (1) The state board of human services, created
in section 26-1-107, has the power to promulgate rules governing the
provisions of this article 80. The rules may include, but are not limited to:
(c) Requirements for public and private agencies, organizations, and
institutions from which the office of
behavioral health ADMINISTRATION
may purchase services pursuant to section 27-80-106 (1), which requirements must include prohibiting the purchase of services from entities
that deny or prohibit access to medical services or substance use disorder
treatment and services to persons who are participating in prescribed
medication-assisted treatment, as defined in section 23-21-803, for a
substance use disorder;
(d) Requirements for managed service organizations that are
designated by the director of the office of behavioral health
COMMISSIONER
to provide services in a designated service area pursuant to section 27-80-106 (2);
SECTION 44. In Colorado Revised Statutes, 27-80-303, amend
(1)(b) introductory portion and (5) as follows:
PAGE 28-HOUSE BILL 23-1236 27-80-303. Office of ombudsman for behavioral health access to
care - creation - appointment of ombudsman - duties. (1) (b) The office
of behavioral health in the department and the BHA shall offer the office
limited support with respect to:
(5) In the performance of the ombudsman's duties, the ombudsman
shall act independently of the office of behavioral health in the department
and the BHA. Any recommendations made or positions taken by the
ombudsman do not reflect those of the department, the office of behavioral
health, DEPARTMENT or the BHA.
SECTION 45. In Session Laws of Colorado 2022, section 263 of
chapter 222, amend (1)(b) as follows:
Section 263. Effective date. (1) (b) Section 212 takes effect July
1, 2023, and sections 215 through 240 take effect July 1, 2024;
EXCEPT
THAT SECTION
25-1.5-103 (1)(a)(I)(A), AS ENACTED IN SECTION 226 OF THIS
ACT
, AND SECTION 228 OF THIS ACT TAKE EFFECT JANUARY 1, 2025.
SECTION 46. In Session Laws of Colorado 2022, amend section
58 of chapter 451 as follows:
Section 58. Act subject to petition - effective date. Sections 2 and
5 of this act take effect July 1, 2023
JANUARY 1, 2024, sections 27-65-108
and 27-65-111, as enacted in section 1 of this act, and sections 3 and 4 of
this act take effect July 1, 2024, and the remainder of this act takes effect
at 12:01 a.m. on the day following the expiration of the ninety-day period
after final adjournment of the general assembly; except that, if a referendum
petition is filed pursuant to section 1 (3) of article V of the state constitution
against this act or an item, section, or part of this act within such period,
then the act, item, section, or part will not take effect unless approved by the
people at the general election to be held in November 2022 and, in such
case, will take effect on the date of the official declaration of the vote
thereon by the governor; except that sections 2 and 5 of this act take effect
July 1, 2023
JANUARY 1, 2024, sections 27-65-108 and 27-65-111, as
enacted in section 1 of this act, and sections 3 and 4 of this act take effect
July 1, 2024.
SECTION 47. Repeal of relocated and nonrelocated provisions
in this act. In Colorado Revised Statutes, repeal 27-80-119; except that (1),
PAGE 29-HOUSE BILL 23-1236 (5), (6), and (8) are not relocated.
SECTION 48. Appropriation - adjustments to 2023 long bill.
(1) To implement this act, appropriations made in the annual general
appropriation act for the 2023-24 state fiscal year to the department of
human services are adjusted as follows:
(a) The general fund appropriation for use by the behavioral health
administration for jail-based behavioral health services is decreased by
$2,250,400; and
(b) The general fund appropriation for use by the office of
behavioral health for the jail-based competency restoration program is
increased by $2,250,400.
SECTION 49. Safety clause. The general assembly hereby finds,
PAGE 30-HOUSE BILL 23-1236 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 31-HOUSE BILL 23-1236