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March 24, 2023 HB 23-1236
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0853
Rep. Young; Amabile
Date:
Bill Status:
Fiscal Analyst:
March 24, 2023
House Public & Behavioral Health
Erin Reynolds | 303-866-4146
erin.reynolds@coleg.gov
Bill Topic: IMPLEMENTATION UPDATES TO BEHAVIORAL HEALTH ADMIN ISTRATION
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
This bill delineates certain administrative responsibilities between the recently created
Behavioral Health Administration and the Department of Human Services, and makes
clarifications and modifications to the administration’s statute. It may increase state
workload and future costs.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
This bill delineates certain administrative responsibilities between the recently created Behavioral
Health Administration (BHA) and the Department of Human Services (CDHS). The bill also formally
repeals the Office of Behavioral Health, which is now functioning as the recently renamed Office of
Civil and Forensic Mental Health in CDHS.
Additionally, the bill makes the following clarifications and modifications, including but not limited
to:
authorizing the BHA to seek, accept, and expend gifts, grants, or donations for the purpose of
administering any behavioral health program and service;
requiring 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;
requiring the BHA to create a regional subcommittee structure of the advisory council that is not
limited by the behavioral health administrative services organization region;
requires the BHA to provide, directly or through contract, care navigation services and align the
services with the care coordination infrastructure; Page 2
March 24, 2023 HB 23-1236
continuously appropriating funding to the 988 crisis hotline cash fund;
expanding 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 other facility to any
person detained, whether or not the person is transported to a facility;
codifying that the BHA is a health oversight agency charged with overseeing the behavioral
health-care system in Colorado and discharging the BHA's duties; and
adding BHA representatives to serve on certain boards and commissions.
Background
House Bill 21-1097 required the CDHS to submit a plan for the creation of the BHA. The BHA was
established in July 2022 within the Department of Human Services (DHS) upon the passage of
House Bill 22-1278.
Assumptions
The fiscal note assumes that any necessary budget adjustments related to the establishment of the
BHA will occur through the annual budget process.
State Revenue
The bill may increase state revenue to the BHA from gifts, grants, and donations. This funding is not
subject to TABOR.
State Expenditures
Behavioral Health Administration. While no change in appropriations is required, the bill makes the
following programmatic clarifications and modifications in BHA:
rolls care navigation services into care coordination, which might necessitate the creation of a care
coordination line item; and
makes the 988 Crisis Hotline Cash Fund continuously appropriated and removes the repeal date.
Department of Human Services. The bill’s delineation of authority for various programs codifies
existing practice. No change in appropriations is required.
Department of Law. To the extent that the bill’s codification of the BHA as a health oversight agency
as defined by federal law generates the need for legal support, those resources will be provided by
the Department of Law. The fiscal note assumes existing BHA legal resources are sufficient.
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March 24, 2023 HB 23-1236
Public Health and Environment. The bill minimally increases CDPHE workload to add a BHA
representative to the Health Equity Commission, which is staffed by the Office of Health Equity.
Health Care Policy and Financing. The bill may increase workload and potential costs in HCPF from
the bill’s requirement to provide services that address the necessary language and cultural barriers to
serve communities of color and other underserved populations, as well as data reporting on the usage
of navigation services. Resources will be addressed through the annual budget process as potential
cost drivers are known.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State and Local Government Contacts
Behavioral Health Administration Counties
Health Care Policy and Financing Human Services
Information Technology Law
Personnel Public Health and Environment
Regulatory Agencies
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.