First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0853.01 Shelby Ross x4510
HOUSE BILL 23-1236
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING IMPLEMENTATION UPDATES TO THE BEHAVIORAL101
HEALTH ADMINISTRATION .102
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.
Sections 4, 10, 24, 26, and 27 transfer administrative
HOUSE SPONSORSHIP
Young and Amabile,
SENATE SPONSORSHIP
(None),
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. 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
incompetency. (2) If the final determination made pursuant to section5
HB23-1236-2- 16-8.5-103 is that the defendant is incompetent to proceed, the court has1
the following options:2
(b) (II) (B) As a condition of bond, the court shall order that the3
restoration take place on an outpatient basis. Pursuant to section4
27-60-105, the behavioral health administration in the department is the5
entity responsible for the oversight of restoration education and6
coordination of all competency restoration services. As a condition of7
release for outpatient restoration services, the court may require pretrial8
services, if available, to work with the behavioral health administration9
DEPARTMENT and the restoration services provider under contract with the10
behavioral health administration DEPARTMENT to assist in securing11
appropriate support and care management services, which may include12
housing resources. The individual agency responsible for providing13
outpatient restoration services for the defendant shall notify the court or14
other designated agency within twenty-one days if restoration services15
have not commenced.16
SECTION 2. In Colorado Revised Statutes, 16-11.9-204, amend17
as it exists until July 1, 2024, (1)(f)(III) introductory portion as follows:18
16-11.9-204. Behavioral health court liaisons - duties and19
responsibilities - consultation and collaboration. (1) A court liaison20
hired pursuant to this part 2 has the following duties and responsibilities:21
(f) Identifying existing programs and resources that are already22
available in the community, including, but not limited to:23
(III) Community mental health centers and other local community24
behavioral health providers that receive state funding through the office25
of behavioral health DEPARTMENT OF HUMAN SERVICES for services such26
as:27
HB23-1236
-3- SECTION 3. In Colorado Revised Statutes, 16-11.9-204, amend1
as it becomes effective July 1, 2024, (1)(f)(III) introductory portion as2
follows:3
16-11.9-204. Behavioral health court liaisons - duties and4
responsibilities - consultation and collaboration. (1) A court liaison5
hired pursuant to this part 2 has the following duties and responsibilities:6
(f) Identifying existing programs and resources that are already7
available in the community, including but not limited to:8
(III) Behavioral health safety net providers and other local9
community behavioral health providers that receive state funding through10
the office of behavioral health DEPARTMENT OF HUMAN SERVICES for11
services such as:12
SECTION 4. In Colorado Revised Statutes, 16-13-311, amend13
(3)(a)(VII)(B) as follows:14
16-13-311. Disposition of seized personal property. (3) (a) If15
the prosecution prevails in the forfeiture action, the court shall order the16
property forfeited. Such order perfects the state's right and interest in and17
title to such property and relates back to the date when title to the property18
vested in the state pursuant to section 16-13-316. Except as otherwise19
provided in subsection (3)(c) of this section, the court shall also order20
such property to be sold at a public sale by the law enforcement agency21
in possession of the property in the manner provided for sales on22
execution, or in another commercially reasonable manner. Property23
forfeited pursuant to this section or proceeds therefrom must be24
distributed or applied in the following order:25
(VII) The balance must be delivered, upon order of the court, as26
follows:27
HB23-1236
-4- (B) Twenty-five percent to the behavioral health administrative1
services organization contracting with the office of behavioral health2
ADMINISTRATION in the department of human services serving the judicial3
district where the forfeiture proceeding was prosecuted to fund4
detoxification and substance use disorder treatment. Money appropriated5
to the behavioral health administrative services organization must be in6
addition to, and not be used to supplant, other funding appropriated to the7
office of behavioral health ADMINISTRATION; and8
SECTION 5. In Colorado Revised Statutes, 19-2.5-704, amend9
(2)(b) as follows:10
19-2.5-704. Procedure after determination of competency or11
incompetency. (2) (b) Pursuant to section 27-60-105, the behavioral12
health administration in the department of human services is the entity13
responsible for the oversight of restoration education and coordination of14
services necessary to competency restoration.15
SECTION 6. In Colorado Revised Statutes, 19-3-304.4, amend16
(1)(d)(I)(J) as follows:17
19-3-304.4. Pre-adolescent services task force - duties - report18
- repeal. (1) (d) (I) The task force shall convene on or before August 1,19
2022. The appointing authorities shall appoint persons from throughout20
the state, persons with a disability, and persons who reflect the racial and21
ethnic diversity of the state. The task force consists of:22
(J) A representative of the behavioral health administration with23
expertise concerning the development and operation of rapid crisis24
response teams, appointed by the executive director of the department of25
human services COMMISSIONER OF THE BEHAVIORAL HEALTH26
ADMINISTRATION;27
HB23-1236
-5- SECTION 7. In Colorado Revised Statutes, 24-1-120, repeal1
(6)(d) as follows:2
24-1-120. Department of human services - creation. (6) The3
department consists of the following divisions, units, offices, and boards:4
(d) The office of behavioral health in the department of human5
services created pursuant to article 80 of title 27. The office of behavioral6
health is a type 2 entity, as defined in section 24-1-105.7
SECTION 8. In Colorado Revised Statutes, 24-37.5-702, amend8
(1)(c) as follows:9
24-37.5-702. Government data advisory board - created -10
duties - definitions. (1) (c) (I) The remaining membership of the11
advisory board consists of persons from state agencies who are either12
experts in data or responsible for diverse aspects of data management13
within the member's respective department and who are selected by the14
head of the member's respective department to participate on the advisory15
board at the invitation of the chief information officer.16
(II) T
HE CHIEF INFORMATION OFFICER SHALL INVITE THE17
COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION TO SELECT18
A MEMBER TO REPRESENT THE BEHAVIORAL HEALTH ADMINISTRATION ON19
THE ADVISORY BOARD.20
SECTION 9. In Colorado Revised Statutes, 25-4-2206, amend21
(2)(a)(XII) and (2)(a)(XIII); and add (2)(a)(XIV) as follows:22
25-4-2206. Health equity commission - creation - repeal.23
(2) (a) The commission consists of the following twenty-two
24
TWENTY-THREE members, who are as follows:25
(XII) The executive director of the department of corrections, or26
the executive director's designee; and27
HB23-1236
-6- (XIII) The executive director of the department of higher1
education, or the executive director's designee;
AND2
(XIV) T
HE COMMISSIONER OF THE BEHAVIORAL HEALTH3
ADMINISTRATION IN THE DEPARTMENT OF HUMAN SERVICES , OR THE4
COMMISSIONER'S DESIGNEE.5
SECTION 10. In Colorado Revised Statutes, 25-4-2209, amend6
(1)(a) as follows:7
25-4-2209. Culturally relevant and affirming health-care8
training - health-care providers - grants - definitions. (1) As used in9
this section:10
(a) "Priority populations" means people experiencing11
homelessness; people involved with the criminal justice system; Black12
people, indigenous people, and people of color; American Indians and13
Alaska natives; veterans; people who are lesbian, gay, bisexual,14
transgender, queer, or questioning; people of disproportionately affected15
sexual orientations and gender identities; people who have AIDS or HIV;16
older adults; children and families; and people with disabilities, including17
people who are deaf and hard of hearing, people who are blind and18
deafblind, people with brain injuries, people with intellectual and19
developmental disabilities, people with other co-occurring disabilities;20
and other populations as deemed appropriate by the office of
behavioral21
health
ADMINISTRATION.22
SECTION 11. In Colorado Revised Statutes, 25.5-5-325, amend23
(2)(b)(I) as follows:24
25.5-5-325. Residential and inpatient substance use disorder25
treatment - medical detoxification services - federal approval -26
performance review report. (2) (b) Prior to seeking federal approval27
HB23-1236
-7- pursuant to subsection (2)(a) of this section, the state department shall1
seek input from relevant stakeholders, including existing providers of2
substance use disorder treatment and medical detoxification services and3
behavioral health administrative services organizations. The state4
department shall seek input and involve stakeholders in decisions5
regarding:6
(I) The coordination of benefits with behavioral health7
administrative services organizations and the office of behavioral health8
in the department of human services;9
SECTION 12. In Colorado Revised Statutes, 25.5-5-803, amend10
(1) as follows:11
25.5-5-803. High-fidelity wraparound services for children12
and youth - federal approval - reporting. (1) Subject to available13
appropriations, the state department shall seek federal authorization from14
the federal centers for medicare and medicaid services to provide15
wraparound services for eligible children and youth who are at risk of16
out-of-home placement or in an out-of-home placement. Prior to seeking17
federal authorization, the state department shall seek input from relevant18
stakeholders including counties, managed care entities participating in the19
statewide managed care system, families of children and youth with20
behavioral health disorders, communities that have previously21
implemented wraparound services, mental health professionals, the22
behavioral health administration and the office of behavioral health in the23
department of human services, and other relevant departments. The state24
department shall consider tiered care coordination as an approach when25
developing the wraparound model.26
SECTION 13. In Colorado Revised Statutes, 26-5-117, amend27
HB23-1236
-8- (2)(a), (2)(b)(I), (2)(c), (4)(a) introductory portion, (4)(a)(II), (4)(b),1
(4)(c), (4)(d), (5), and (8); and repeal (2)(b)(II) as follows:2
26-5-117. Out-of-home placement for children and youth with3
mental or behavioral needs - funding - report - rules - legislative4
declaration - definitions - repeal. (2) (a) The BHA STATE DEPARTMENT5
shall develop a program to provide emergency resources to licensed6
providers to help remove barriers such providers face in serving children7
and youth whose behavioral or mental health needs require services and8
treatment in a residential child care facility. Any such licensed provider9
shall meet the requirements of a qualified residential treatment program,10
as defined in section 26-5.4-102; a psychiatric residential treatment11
facility, as defined in section 25.5-4-103 (19.5); treatment foster care; or12
therapeutic foster care.13
(b) (I) Beginning July 1, 2022, the BHA STATE DEPARTMENT shall14
provide ongoing operational support for psychiatric residential treatment15
facilities, therapeutic foster care, treatment foster care, and qualified16
residential treatment programs as described in subsection (2)(a) of this17
section.18
(II) For the 2022-23 budget year, the general assembly shall19
appropriate money from the behavioral and mental health cash fund20
created in section 24-75-230 to the BHA to fund operational support for21
psychiatric residential treatment facilities for youth, qualified residential22
treatment programs, therapeutic foster care, and treatment foster care for23
youth across the state as described in this subsection (2).24
(c) The BHA STATE DEPARTMENT and any person who receives25
money from the BHA STATE DEPARTMENT shall comply with the26
compliance, reporting, record-keeping, and program evaluation27
HB23-1236
-9- requirements established by the office of state planning and budgeting1
and the state controller in accordance with section 24-75-226 (5).2
(4) (a) The BHA STATE DEPARTMENT shall contract with licensed3
providers for the delivery of services to children and youth who are4
determined eligible for and placed in the program. A provider that5
contracts with the BHA STATE DEPARTMENT shall not:6
(II) Discharge a child or youth based on the severity or complexity7
of the child's or youth's physical, behavioral, or mental health needs;8
except that the BHA STATE DEPARTMENT may arrange for the placement9
of a child or youth with an alternate contracted provider if the placement10
with the alternate provider is better suited to deliver services that meet the11
needs of the child or youth.12
(b) The BHA STATE DEPARTMENT shall reimburse a provider13
directly for the costs associated with the placement of a child or youth in14
the program for the duration of the treatment, including the costs the15
provider demonstrates are necessary in order for the provider to operate16
continuously during this period.17
(c) The BHA STATE DEPARTMENT shall coordinate with the18
department of health care policy and financing to support continuity of19
care and payment for services for any children or youth placed in the20
program.21
(d) The BHA STATE DEPARTMENT shall reimburse the provider22
one hundred percent of the cost of unutilized beds in the program to23
ensure available space for emergency residential out-of-home placements.24
(5) (a) A hospital, health-care provider, provider of case25
management services, school district, managed care entity, or state or26
county department of human or social services may refer a family for the27
HB23-1236
-10- placement of a child or youth in the program. The entity referring a child1
or youth for placement in the program shall submit or assist the family2
with submitting an application to the BHA STATE DEPARTMENT for3
review. The BHA STATE DEPARTMENT shall consider each application as4
space becomes available. The BHA STATE DEPARTMENT shall approve5
admissions into the program and determine admission and discharge6
criteria for placement.7
(b) The BHA STATE DEPARTMENT shall develop a discharge plan8
for each child or youth placed in the program. The plan must include the9
eligible period of placement of the child or youth and shall MUST identify10
the entity that will be responsible for the placement costs if the child or11
youth remains with the provider beyond the date of eligibility identified12
in the plan.13
(c) The entity or family that places the child or youth in the14
program retains the right to remove the child or youth from the program15
any time prior to the discharge date specified by the BHA STATE16
DEPARTMENT.17
(8) This section is intended to provide enhanced emergency18
services resulting from the increased need for services due to the19
COVID-19 pandemic. No later than September 30, 2024, the BHA STATE20
DEPARTMENT shall submit recommendations to the house of21
representatives public and behavioral health and human services22
committee, the senate health and human services committee, or their23
successor committees, and the joint budget committee about how to24
provide necessary services for children and youth in need of residential25
care, including hospital step-down services on an ongoing basis.26
SECTION 14. In Colorado Revised Statutes, 27-50-101, amend27
HB23-1236
-11- (7) and (13) as follows:1
27-50-101. Definitions. As used in this article 50, unless the2
context otherwise requires:3
(7) "Behavioral health safety net provider" means any and all4
behavioral health safety net providers APPROVED PURSUANT TO SECTION5
27-50-301
(5), including comprehensive community behavioral health6
providers and essential behavioral health safety net providers. A7
community mental health center pursuant to 42 U.S.C. sec. 300x-2(c) and8
that is licensed as a behavioral health entity may apply to be approved as9
a comprehensive community behavioral health provider, an essential10
behavioral health safety net provider, or both.11
(13) "Essential behavioral health safety net provider" means a12
licensed behavioral health entity or behavioral health provider approved13
by the behavioral health administration to provide at least one of the14
FOLLOWING behavioral health safety net services: described in subsection
15
(11) of this section16
(a) E
MERGENCY OR CRISIS BEHAVIORAL HEALTH SERVICES ;17
(b) M
ENTAL HEALTH AND SUBSTANCE USE OUTPATIENT SERVICES ;18
(c) B
EHAVIORAL HEALTH HIGH-INTENSITY OUTPATIENT SERVICES;19
(d) B
EHAVIORAL HEALTH RESIDENTIAL SERVICES ;20
(e) W
ITHDRAWAL MANAGEMENT SERVICES ;21
(f) B
EHAVIORAL HEALTH INPATIENT SERVICES ;22
(g) I
NTEGRATED CARE SERVICES;23
(h) C
ARE MANAGEMENT;24
(i) C
ARE COORDINATION;25
(j) H
OSPITAL ALTERNATIVES; OR26
(k) A
DDITIONAL SERVICES THAT THE BEHAVIORAL HEALTH27
HB23-1236
-12- ADMINISTRATION DETERMINES ARE NECESSARY IN A REGION OR1
THROUGHOUT THE STATE .2
SECTION 15. In Colorado Revised Statutes, 27-50-102, add (3)3
as follows:4
27-50-102. Behavioral health administration - creation -5
coordination - health oversight agency. (3) F
OR THE PURPOSE OF6
OVERSEEING THE BEHAVIORAL HEALTH CARE SYSTEM IN COLORADO AND7
DISCHARGING THE BHA'S DUTIES AS DESCRIBED IN THIS ARTICLE 50, THE8
BHA
IS A HEALTH OVERSIGHT AGENCY, AS DEFINED IN 45 CFR 164.501.9
SECTION 16. In Colorado Revised Statutes, 27-50-105, amend10
(1)(dd); and add (4) as follows:11
27-50-105. Administration of behavioral health programs -12
state plan - sole mental health authority - gifts, grants, or donations.13
(1) The BHA shall administer and provide the following behavioral14
health programs and services:15
(dd) The care navigation program pursuant to section 27-80-119
16
SECTION 27-60-204;17
(4) T
HE BHA MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR18
DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSE OF19
ADMINISTERING ANY BEHAVIORAL HEALTH PROGRAM OR SERVICE20
DESCRIBED IN SUBSECTION (1) OF THIS SECTION. THE COMMISSIONER, WITH21
THE APPROVAL OF THE GOVERNOR , MAY DIRECT THE DISPOSITION OF ANY22
GIFT, GRANT, OR DONATION FOR ANY PURPOSE CONSISTENT WITH THE23
TERMS AND CONDITIONS FOR WHICH THE GIFT , GRANT, OR DONATION WAS24
GIVEN.25
SECTION 17. In Colorado Revised Statutes, 27-50-302, add26
(4)(f) as follows:27
HB23-1236
-13- 27-50-302. Requirement to serve priority populations -1
screening and triage for individuals in need of behavioral health2
services - referrals. (4) (f) A
BEHAVIORAL HEALTH SAFETY NET3
PROVIDER SHALL INCLUDE SERVICES THAT ADDRESS THE NECESSARY4
LANGUAGE AND CULTURAL BARRIERS TO SERVE COMMUNITIES OF COLOR5
AND OTHER UNDERSERVED POPULATIONS .6
SECTION 18. In Colorado Revised Statutes, 27-50-703, amend7
(1) introductory portion and (3) as follows:8
27-50-703. Advisory council - regional subcommittees -9
subcommittees - working groups. (1) The BHA shall create one
A10
regional subcommittee
STRUCTURE of the advisory council. for each
11
behavioral health administrative services organization region established12
pursuant to section 27-50-401. Regional subcommittee members are13
appointed by the commissioner for three-year terms; except that initial14
terms may be for two years. Each THE regional subcommittee consists of15
NO FEWER THAN five BUT NOT MORE THAN NINE members. Membership16
of the regional subcommittees must include:17
(3) Each UNLESS COMMITTEE MEMBERSHIP IS ESTABLISHED18
PURSUANT TO STATE OR FEDERAL LAW , THE REGIONAL SUBCOMMITTEE19
AND committee membership shall maintain a majority of members who20
represent individuals with lived behavioral health experience or families21
of individuals with lived behavioral health experience.22
SECTION 19. In Colorado Revised Statutes, 27-60-204, amend23
(1)(a) introductory portion, (6)(c), and (6)(d); add (6)(e); and add with24
amended and relocated provisions (9) as follows:25
27-60-204. Care coordination infrastructure - implementation26
- care navigation program - creation - report - rules - definition -27
HB23-1236
-14- repeal. (1) Care coordination infrastructure. (a) No later than July 1,1
2024, the BHA, in collaboration with the department of health care policy2
and financing, shall develop a statewide care coordination infrastructure3
to drive accountability and more effective behavioral health navigation4
to care that builds upon and collaborates with existing care coordination5
services. The infrastructure must include:6
(6) Beginning January 2025, and each January thereafter, the7
department of health care policy and financing shall assess the care8
coordination services provided by managed care entities and provide a9
report as part of its "State Measurement for Accountable, Responsive, and10
Transparent (SMART) Government Act" hearing required by section11
2-7-203. At a minimum, the report must include:12
(c) Data on efforts made to reconnect with individuals that WHO13
did not initially follow through on care coordination services; and14
(d) Data on referrals to community-based services and follow-up15
services by each managed care entity for individuals served through care16
coordination services;
AND17
(e) D
ATA ON THE UTILIZATION OF CARE NAVIGATION SERVICES18
PURSUANT TO SUBSECTION (9) OF THIS SECTION IN ACCORDANCE WITH19
STATE AND FEDERAL HEALTH -CARE PRIVACY LAWS.20
(9) Care navigation program. (a) [Formerly 27-80-119 (2)] As21
used in this section, "engaged client" means an individual who is22
interested in and willing to engage in substance use disorder treatment23
and recovery services or other treatment services either for the individual24
or an affected family member or friend.25
(b) [Formerly 27-80-119 (3)] Subject to available appropriations,26
the BHA shall implement a care navigation program to assist engaged27
HB23-1236
-15- clients in obtaining access to treatment for substance use disorders. At a1
minimum, services available statewide must include independent2
screening of the treatment needs of the engaged client using nationally3
recognized screening criteria to determine the correct level of care; the4
identification of licensed or accredited substance use disorder treatment5
options, including social and medical detoxification services,6
medication-assisted treatment, and inpatient and outpatient treatment7
programs; and the availability of various treatment options for the8
engaged client.9
(c) [Formerly 27-80-119 (4)] To implement the care navigation10
program, the BHA shall, include DIRECTLY OR THROUGH CONTRACT ,11
PROVIDE care navigation services AND ALIGN THE CARE NAVIGATION12
SERVICES WITH THE CARE COORDINATION INFRASTRUCTURE ESTABLISHED13
PURSUANT TO THIS SECTION. in the twenty-four-hour telephone crisis14
service created pursuant to section 27-60-103. The contractor selected by15
the BHA must provide care navigation services to engaged clients16
statewide. Care navigation services must be available twenty-four hours17
a day and must be accessible through various formats. The contractor18
shall coordinate services in conjunction with other state care navigation19
and coordination services and behavioral health response systems to20
ensure coordinated and integrated service delivery. The use of peer21
support specialists is encouraged in the coordination of services. The22
contractor shall assist the engaged client with accessing treatment23
facilities, treatment programs, or treatment providers and shall provide24
services to engaged clients regardless of the client's payer source or25
whether the client is uninsured. Once the engaged client has initiated26
treatment, the contractor is no longer responsible for care navigation for27
HB23-1236
-16- that engaged client for that episode. Engaged clients who are enrolled in1
the medical assistance program pursuant to articles 4, 5, and 6 of title 25.52
shall be provided with contact information for their managed care entity.3
The contractor shall conduct ongoing outreach to inform behavioral4
health providers, counties, county departments of human or social5
services, jails, law enforcement personnel, health-care professionals, and6
other interested persons about care navigation services.7
(d) [Formerly 27-80-119 (7)] The state board of human services8
may promulgate any rules necessary to implement the care navigation9
program.10
SECTION 20. In Colorado Revised Statutes, 27-64-104, amend11
(3) as follows:12
27-64-104. 988 crisis hotline cash fund - creation. (3) Subject13
to annual appropriation by the general assembly MONEY IN THE FUND IS14
CONTINUOUSLY APPROPRIATED . The enterprise may expend money from15
the fund for the purposes outlined in section 27-64-103 (4)(c) and (4)(d).16
SECTION 21. In Colorado Revised Statutes, 27-65-107, amend17
(4)(a) introductory portion as follows:18
27-65-107. Emergency transportation - application - screening19
- respondent's rights. (4) (a) A person detained pursuant to this section20
at an outpatient mental health facility or facility designated by the21
commissioner, has the following rights while being detained, which must22
be explained to the person before being transported to a receiving facility:23
SECTION 22. In Colorado Revised Statutes, 27-65-113, amend24
(5)(a) and (5)(b) as follows:25
27-65-113. Hearing procedures - jurisdiction. (5) (a) In the26
event that a respondent or a person found not guilty by reason of impaired27
HB23-1236
-17- mental condition pursuant to section 16-8-103.5 (5), or by reason of1
insanity pursuant to section 16-8-105 (4) or 16-8-105.5, refuses to accept2
medication, the court having jurisdiction of the action pursuant to3
subsection (4) of this section, the court committing the person or4
defendant to the custody of the BHA DEPARTMENT pursuant to section5
16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, or the court of the6
jurisdiction in which the designated facility treating the respondent or7
person is located has jurisdiction and venue to accept a petition by a8
treating physician and to enter an order requiring that the respondent or9
person accept such treatment or, in the alternative, that the medication be10
forcibly administered to the respondent or person. The court of the11
jurisdiction in which the designated facility is located shall not exercise12
its jurisdiction without the permission of the court that committed the13
person to the custody of the BHA DEPARTMENT. Upon the filing of such14
a petition, the court shall appoint an attorney, if one has not been15
appointed, to represent the respondent or person and hear the matter16
within ten days.17
(b) In any case brought pursuant to subsection (5)(a) of this18
section in a court for the county in which the treating facility is located,19
the county where the proceeding was initiated pursuant to subsection (4)20
of this section or the court committing the person to the custody of the21
BHA DEPARTMENT pursuant to section 16-8-103.5 (5), 16-8-105 (4), or22
16-8-105.5, shall either reimburse the county in which the proceeding23
pursuant to this subsection (5) was filed and in which the proceeding was24
held for the reasonable costs incurred in conducting the proceeding or25
conduct the proceeding itself using its own personnel and resources,26
including its own district or county attorney, as the case may be.27
HB23-1236
-18- SECTION 23. In Colorado Revised Statutes, 27-65-123, amend1
(1)(a) as follows:2
27-65-123. Records. (1) Except as provided in subsection (2) of3
this section, all information obtained and records prepared in the course4
of providing any services to any person pursuant to any provision of this5
article 65 are confidential and privileged matter. The information and6
records may be disclosed only:7
(a) In communications between qualified professional FACILITY8
personnel
OR STATE AGENCIES in the provision of services or appropriate9
referrals;10
SECTION 24. In Colorado Revised Statutes, 27-80-102, amend11
(1) introductory portion and (2) as follows:12
27-80-102. Duties of the behavioral health administration.13
(1) The office of
behavioral health ADMINISTRATION is a type 2 entity,14
as defined in section 24-1-105, and is responsible for the powers, duties,15
and functions relating to the alcohol and drug driving safety program16
specified in section 42-4-1301.3. The office of behavioral health17
ADMINISTRATION shall formulate a comprehensive state plan for18
substance use disorder treatment programs. The office of behavioral19
health
ADMINISTRATION shall submit the state plan to the governor and,20
upon the governor's approval, submit it to the appropriate United States21
agency for review and approval. The state plan must include, but not be22
limited to:23
(2) The department, acting by and through the office of
behavioral24
health
ADMINISTRATION, is designated as the sole state agency for the25
supervision of the administration of the state plan.26
SECTION 25. In Colorado Revised Statutes, 27-80-107, amend27
HB23-1236
-19- (1), (2) introductory portion, (2)(b), (2)(d), (2.5)(a) introductory portion,1
(2.5)(a)(II), (3), (4), (5), and (7) as follows:2
27-80-107. Designation of managed service organizations -3
purchase of services - revocation of designation. (1) The director of4
the office of behavioral health ADMINISTRATION shall establish designated5
service areas to provide substance use disorder treatment and recovery6
services in a particular geographical region of the state.7
(2) To be selected as a designated managed service organization8
to provide services in a particular designated service area, a private9
corporation; for profit or not for profit; or a public agency, organization,10
or institution shall apply to the office of behavioral health11
ADMINISTRATION for a designation in the form and manner specified by12
the executive director or the executive director's COMMISSIONER OR THE13
COMMISSIONER'S designee. The designation process is in lieu of a14
competitive bid process pursuant to the "Procurement Code", articles 10115
to 112 of title 24. The director of the office of behavioral health16
COMMISSIONER OR THE COMMISSIONER 'S DESIGNEE shall make the17
designation based on factors established by the executive director or the18
executive director's COMMISSIONER OR THE COMMISSIONER 'S designee.19
The factors for designation established by the executive director or the20
executive director's designee include the following:21
(b) Whether the managed service organization has experience22
working with publicly funded clients, including expertise in treating23
priority populations designated by the office of behavioral health24
ADMINISTRATION;25
(d) Whether the managed service organization has experience26
using the cost-share principles used by the office of behavioral health27
HB23-1236
-20- ADMINISTRATION in its contracts with providers and is willing to1
cost-share;2
(2.5) (a) On or before January 1, 2023, in order to promote3
transparency and accountability, the office of behavioral health4
ADMINISTRATION shall require each managed service organization that has5
twenty-five percent or more ownership by providers of behavioral health6
services to comply with the following conflict of interest policies:7
(II) The office of behavioral health ADMINISTRATION shall8
quarterly review a managed service organization's funding allocation to9
ensure that all providers are being equally considered for funding. The10
office of behavioral health ADMINISTRATION is authorized to review any11
other pertinent information to ensure the managed service organization12
is meeting state and federal rules and regulations and is not13
inappropriately giving preference to providers with ownership or board14
membership.15
(3) The designation of a managed service organization by the16
director of the office of behavioral health COMMISSIONER, as described in17
subsection (2) of this section, is an initial decision of the department18
which THAT may be reviewed by the executive director in accordance19
with the provisions of section 24-4-105. Review by the executive director20
in accordance with section 24-4-105 constitutes final agency action for21
purposes of judicial review.22
(4) (a) The terms and conditions for providing substance use23
disorder treatment and recovery services must be specified in the contract24
entered into between the office of behavioral health ADMINISTRATION and25
the designated managed service organization. Contracts entered into26
between the office of behavioral health ADMINISTRATION and the27
HB23-1236
-21- designated managed service organization must include terms and1
conditions prohibiting a designated managed service organization2
contracted treatment provider from denying or prohibiting access to3
medication-assisted treatment, as defined in section 23-21-803, for a4
substance use disorder.5
(b) Contracts entered into between the office of behavioral health6
ADMINISTRATION and the designated managed service organization must7
include terms and conditions that outline the expectations for the8
designated managed service organization to invest in the state's recovery9
services infrastructure, which include peer-run recovery support services10
and specialized services for underserved populations. Investments are11
based on available appropriations.12
(5) The contract may include a provisional designation for ninety13
days. At the conclusion of the ninety-day provisional period, the director14
of the office of behavioral health COMMISSIONER may choose to revoke15
the contract or, subject to meeting the terms and conditions specified in16
the contract, may choose to extend the contract for a stated time period.17
(7) (a) The director of the office of behavioral health18
COMMISSIONER may revoke the designation of a designated managed19
service organization upon finding that the managed service organization20
is in violation of the performance of the provisions of or rules21
promulgated pursuant to this article 80. The revocation must conform to22
the provisions and procedures specified in article 4 of title 24, and occur23
only after notice and an opportunity for a hearing is provided as specified24
in article 4 of title 24. A hearing to revoke a designation as a designated25
managed service organization constitutes final agency action for purposes26
of judicial review.27
HB23-1236
-22- (b) Once a designation has been revoked pursuant to subsection1
(7)(a) of this section, the director of the office of behavioral health2
COMMISSIONER may designate one or more service providers to provide3
the treatment services pending designation of a new designated managed4
service organization or may enter into contracts with subcontractors to5
provide the treatment services.6
(c) From time to time, the director of the office of behavioral7
health COMMISSIONER may solicit applications from applicants for8
managed service organization designation to provide substance use9
disorder treatment and recovery services for a specified planning area or10
areas.11
SECTION 26. In Colorado Revised Statutes, 27-80-108, amend12
(1)(c) and (1)(d) as follows:13
27-80-108. Rules. (1) The state board of human services, created14
in section 26-1-107, has the power to promulgate rules governing the15
provisions of this article 80. The rules may include, but are not limited to:16
(c) Requirements for public and private agencies, organizations,17
and institutions from which the office of behavioral health18
ADMINISTRATION may purchase services pursuant to section 27-80-10619
(1), which requirements must include prohibiting the purchase of services20
from entities that deny or prohibit access to medical services or substance21
use disorder treatment and services to persons who are participating in22
prescribed medication-assisted treatment, as defined in section 23-21-803,23
for a substance use disorder;24
(d) Requirements for managed service organizations that are25
designated by the director of the office of behavioral health26
COMMISSIONER to provide services in a designated service area pursuant27
HB23-1236
-23- to section 27-80-106 (2);1
SECTION 27. In Colorado Revised Statutes, 27-80-303, amend2
(1)(b) introductory portion and (5) as follows:3
27-80-303. Office of ombudsman for behavioral health access4
to care - creation - appointment of ombudsman - duties. (1) (b) The5
office of behavioral health in the department and the BHA shall offer the6
office limited support with respect to:7
(5) In the performance of the ombudsman's duties, the8
ombudsman shall act independently of the office of behavioral health in9
the department and the BHA. Any recommendations made or positions10
taken by the ombudsman do not reflect those of the department, the office11
of behavioral health, DEPARTMENT or the BHA.12
SECTION 28. Repeal of relocated and nonrelocated13
provisions in this act. In Colorado Revised Statutes, repeal 27-80-119;14
except that (1), (5), (6), and (8) are not relocated.15
SECTION 29. Act subject to petition - effective date. This act16
takes effect at 12:01 a.m. on the day following the expiration of the17
ninety-day period after final adjournment of the general assembly; except18
that, if a referendum petition is filed pursuant to section 1 (3) of article V19
of the state constitution against this act or an item, section, or part of this20
act within such period, then the act, item, section, or part will not take21
effect unless approved by the people at the general election to be held in22
November 2024 and, in such case, will take effect on the date of the23
official declaration of the vote thereon by the governor.24
HB23-1236
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