Colorado 2023 Regular Session

Colorado House Bill HB1236 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0853.01 Shelby Ross x4510
1	8		HOUSE BILL 23-1236
2		-	BY REPRESENTATIVE(S) Young and Amabile, Bacon, Bird,
3		-	Boesenecker, Brown, Dickson, Duran, Froelich, Gonzales-Gutierrez,
4		-	Hamrick, Herod, Jodeh, Joseph, Lieder, Lindsay, Marshall, McCormick,
5		-	McLachlan, Michaelson Jenet, Ortiz, Sharbini, Snyder, Story, Velasco,
6		-	McCluskie, deGruy Kennedy, English, Garcia, Lukens, Parenti;
7		-	also SENATOR(S) Kolker and Simpson, Cutter, Exum, Ginal, Hansen,
8		-	Jaquez Lewis, Marchman, Pelton B., Priola, Winter F.
	9	+	House Committees Senate Committees
	10	+	Public & Behavioral Health & Human Services Health & Human Services
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING IMPLEMENTATION UPDATES TO THE BEHAVIORAL HEALTH
11		-	ADMINISTRATION
12		-	, AND, IN CONNECTION THEREWITH MAKING AND
13		-	REDUCING AN APPROPRIATION
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, 16-8.5-111, amend
18		-	(2)(b)(II)(B) as follows:
19		-	16-8.5-111. Procedure after determination of competency or
20		-	incompetency. (2) If the final determination made pursuant to section
21		-	16-8.5-103 is that the defendant is incompetent to proceed, the court has the
22		-	following options:
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (b) (II) (B) As a condition of bond, the court shall order that the
31		-	restoration take place on an outpatient basis. Pursuant to section 27-60-105,
32		-	the behavioral health administration in
33		-	the department is the entity
34		-	responsible for the oversight of restoration education and coordination of
35		-	all competency restoration services. As a condition of release for outpatient
36		-	restoration services, the court may require pretrial services, if available, to
37		-	work with the behavioral health administration
38		-	DEPARTMENT and the
39		-	restoration services provider under contract with the behavioral health
40		-	administration DEPARTMENT to assist in securing appropriate support and
41		-	care management services, which may include housing resources. The
42		-	individual agency responsible for providing outpatient restoration services
43		-	for the defendant shall notify the court or other designated agency within
44		-	twenty-one days if restoration services have not commenced.
45		-	SECTION 2. In Colorado Revised Statutes, 16-13-311, amend
46		-	(3)(a)(VII)(B) as follows:
47		-	16-13-311. Disposition of seized personal property. (3) (a) If the
48		-	prosecution prevails in the forfeiture action, the court shall order the
49		-	property forfeited. Such order perfects the state's right and interest in and
50		-	title to such property and relates back to the date when title to the property
51		-	vested in the state pursuant to section 16-13-316. Except as otherwise
52		-	provided in subsection (3)(c) of this section, the court shall also order such
53		-	property to be sold at a public sale by the law enforcement agency in
54		-	possession of the property in the manner provided for sales on execution,
55		-	or in another commercially reasonable manner. Property forfeited pursuant
56		-	to this section or proceeds therefrom must be distributed or applied in the
57		-	following order:
58		-	(VII) The balance must be delivered, upon order of the court, as
59		-	follows:
60		-	(B) Twenty-five percent to the behavioral health administrative
61		-	services organization contracting with the office of
62		-	behavioral health
63		-	ADMINISTRATION in the department of human services serving the judicial
64		-	district where the forfeiture proceeding was prosecuted to fund
65		-	detoxification and substance use disorder treatment. Money appropriated to
66		-	the behavioral health administrative services organization must be in
67		-	addition to, and not be used to supplant, other funding appropriated to the
68		-	office of
69		-	behavioral health ADMINISTRATION; and
70		-	PAGE 2-HOUSE BILL 23-1236 SECTION 3. In Colorado Revised Statutes, 19-2.5-704, amend
71		-	(2)(b) as follows:
72		-	19-2.5-704. Procedure after determination of competency or
73		-	incompetency. (2) (b) Pursuant to section 27-60-105, the behavioral health
74		-	administration in the department of human services is the entity responsible
75		-	for the oversight of restoration education and coordination of services
76		-	necessary to competency restoration.
77		-	SECTION 4. In Colorado Revised Statutes, 19-3-304.4, amend
78		-	(1)(d)(I)(J) as follows:
79		-	19-3-304.4. Pre-adolescent services task force - duties - report -
80		-	repeal. (1) (d) (I) The task force shall convene on or before August 1,
81		-	2022. The appointing authorities shall appoint persons from throughout the
82		-	state, persons with a disability, and persons who reflect the racial and ethnic
83		-	diversity of the state. The task force consists of:
84		-	(J) A representative of the behavioral health administration with
85		-	expertise concerning the development and operation of rapid crisis response
86		-	teams, appointed by the executive director of the department of human
87		-	services COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION ;
88		-	SECTION 5. In Colorado Revised Statutes, 24-1-120, repeal (6)(d)
89		-	as follows:
90		-	24-1-120. Department of human services - creation. (6) The
91		-	department consists of the following divisions, units, offices, and boards:
92		-	(d) The office of behavioral health in the department of human
93		-	services created pursuant to article 80 of title 27. The office of behavioral
94		-	health is a type 2 entity, as defined in section 24-1-105.
95		-	SECTION 6. In Colorado Revised Statutes, 24-37.5-702, amend
96		-	(1)(c) as follows:
97		-	24-37.5-702. Government data advisory board - created - duties
98		-	- definitions. (1) (c) (I) The remaining membership of the advisory board
99		-	consists of persons from state agencies who are either experts in data or
100		-	responsible for diverse aspects of data management within the member's
101		-	PAGE 3-HOUSE BILL 23-1236 respective department and who are selected by the head of the member's
102		-	respective department to participate on the advisory board at the invitation
103		-	of the chief information officer.
	13	+	ONCERNING IMPLEMENTATION UPDATES TO THE BEHAVIORAL101
	14	+	HEALTH ADMINISTRATION , AND, IN CONNECTION THEREWITH
	15	+	102
	16	+	MAKING AND REDUCING AN APPROPRIATION .103
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Sections 1, 5, 13, and 22 transfer administrative responsibilities
	25	+	from the behavioral health administration (BHA) to the department of
	26	+	human services (department).
	27	+	Section 2, 3, 11, and 12 transfer administrative responsibilities
	28	+	from the office of behavioral health (OBH) to the department.
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 2, 2023
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	May 1, 2023
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 11, 2023
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 10, 2023
	41	+	HOUSE SPONSORSHIP
	42	+	Young and Amabile, Bacon, Bird, Boesenecker, Brown, Dickson, Duran, Froelich,
	43	+	Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Lieder, Lindsay, Marshall, McCluskie,
	44	+	McCormick, McLachlan, Michaelson Jenet, Ortiz, Sharbini, Snyder, Story, Velasco
	45	+	SENATE SPONSORSHIP
	46	+	Kolker and Simpson, Cutter, Exum, Ginal, Hansen, Jaquez Lewis, Marchman, Pelton B.,
	47	+	Priola, Winter F.
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. Sections 4, 10, 24, 26, and 27 transfer administrative
	51	+	responsibilities from OBH to the BHA.
	52	+	Section 6 transfers administrative responsibilities from the
	53	+	department to the BHA.
	54	+	Section 7 repeals OBH as an office in the department.
	55	+	Section 8 requires the chief information officer of the office of
	56	+	information technology to invite the commissioner of the BHA to select
	57	+	a member to represent the BHA on the government data advisory board.
	58	+	Section 9 adds the commissioner of the BHA to the health equity
	59	+	commission.
	60	+	Section 15 states that the BHA is a health oversight agency
	61	+	charged with overseeing the behavioral health-care system in Colorado
	62	+	and discharging the BHA's duties.
	63	+	Section 16 authorizes the BHA to seek, accept, and expend gifts,
	64	+	grants, or donations for the purpose of administering any behavioral
	65	+	health program and service.
	66	+	Section 17 requires a behavioral health safety net provider to
	67	+	include services that address the necessary language and cultural barriers
	68	+	to serve communities of color and other underserved populations.
	69	+	Current law requires the BHA to create one regional subcommittee
	70	+	of the advisory council for each behavioral health administrative services
	71	+	organization region. Section 18 requires the BHA to create a regional
	72	+	subcommittee structure of the advisory council that is not limited by the
	73	+	behavioral health administrative services organization region.
	74	+	To implement the care navigation program, Section 19 requires the
	75	+	BHA to provide, directly or through contract, care navigation services and
	76	+	align the care navigation services with the care coordination
	77	+	infrastructure.
	78	+	Section 20 continuously appropriates money to the 988 crisis
	79	+	hotline cash fund.
	80	+	Current law specifies the rights of a person detained by a certified
	81	+	peace officer or emergency medical services provider and transported to
	82	+	an outpatient mental health facility or facility designated by the
	83	+	commissioner of the BHA. Section 21 expands the rights to any person
	84	+	detained whether or not the person is transported to an outpatient mental
	85	+	health facility or facility designated by the commissioner of the BHA.
	86	+	Be it enacted by the General Assembly of the State of Colorado:1
	87	+	SECTION 1. In Colorado Revised Statutes, 16-8.5-111, amend2
	88	+	(2)(b)(II)(B) as follows:3
	89	+	16-8.5-111. Procedure after determination of competency or4
	90	+	1236-2- incompetency. (2) If the final determination made pursuant to section1
	91	+	16-8.5-103 is that the defendant is incompetent to proceed, the court has2
	92	+	the following options:3
	93	+	(b) (II) (B) As a condition of bond, the court shall order that the4
	94	+	restoration take place on an outpatient basis. Pursuant to section5
	95	+	27-60-105, the behavioral health administration in the department is the6
	96	+	entity responsible for the oversight of restoration education and7
	97	+	coordination of all competency restoration services. As a condition of8
	98	+	release for outpatient restoration services, the court may require pretrial9
	99	+	services, if available, to work with the behavioral health administration10
	100	+	DEPARTMENT and the restoration services provider under contract with the11
	101	+	behavioral health administration DEPARTMENT to assist in securing12
	102	+	appropriate support and care management services, which may include13
	103	+	housing resources. The individual agency responsible for providing14
	104	+	outpatient restoration services for the defendant shall notify the court or15
	105	+	other designated agency within twenty-one days if restoration services16
	106	+	have not commenced.17
	107	+	SECTION 2. In Colorado Revised Statutes, 16-11.9-204, amend18
	108	+	as it exists until July 1, 2024, (1)(f)(III) introductory portion as follows:19
	109	+	16-11.9-204. Behavioral health court liaisons - duties and20
	110	+	responsibilities - consultation and collaboration. (1) A court liaison21
	111	+	hired pursuant to this part 2 has the following duties and responsibilities:22
	112	+	(f) Identifying existing programs and resources that are already23
	113	+	available in the community, including, but not limited to:24
	114	+	(III) Community mental health centers and other local community25
	115	+	behavioral health providers that receive state funding through the office26
	116	+	of behavioral health DEPARTMENT OF HUMAN SERVICES for services such27
	117	+	1236
	118	+	-3- as:1
	119	+	SECTION 3. In Colorado Revised Statutes, 16-11.9-204, amend2
	120	+	as it becomes effective July 1, 2024, (1)(f)(III) introductory portion as3
	121	+	follows:4
	122	+	16-11.9-204. Behavioral health court liaisons - duties and5
	123	+	responsibilities - consultation and collaboration. (1) A court liaison6
	124	+	hired pursuant to this part 2 has the following duties and responsibilities:7
	125	+	(f) Identifying existing programs and resources that are already8
	126	+	available in the community, including but not limited to:9
	127	+	(III) Behavioral health safety net providers and other local10
	128	+	community behavioral health providers that receive state funding through11
	129	+	the office of behavioral health DEPARTMENT OF HUMAN SERVICES for12
	130	+	services such as:13
	131	+	SECTION 4. In Colorado Revised Statutes, 16-13-311, amend14
	132	+	(3)(a)(VII)(B) as follows:15
	133	+	16-13-311. Disposition of seized personal property. (3) (a) If16
	134	+	the prosecution prevails in the forfeiture action, the court shall order the17
	135	+	property forfeited. Such order perfects the state's right and interest in and18
	136	+	title to such property and relates back to the date when title to the property19
	137	+	vested in the state pursuant to section 16-13-316. Except as otherwise20
	138	+	provided in subsection (3)(c) of this section, the court shall also order21
	139	+	such property to be sold at a public sale by the law enforcement agency22
	140	+	in possession of the property in the manner provided for sales on23
	141	+	execution, or in another commercially reasonable manner. Property24
	142	+	forfeited pursuant to this section or proceeds therefrom must be25
	143	+	distributed or applied in the following order:26
	144	+	(VII) The balance must be delivered, upon order of the court, as27
	145	+	1236
	146	+	-4- follows:1
	147	+	(B) Twenty-five percent to the behavioral health administrative2
	148	+	services organization contracting with the office of behavioral health3
	149	+	ADMINISTRATION in the department of human services serving the judicial4
	150	+	district where the forfeiture proceeding was prosecuted to fund5
	151	+	detoxification and substance use disorder treatment. Money appropriated6
	152	+	to the behavioral health administrative services organization must be in7
	153	+	addition to, and not be used to supplant, other funding appropriated to the8
	154	+	office of behavioral health ADMINISTRATION; and9
	155	+	SECTION 5. In Colorado Revised Statutes, 19-2.5-704, amend10
	156	+	(2)(b) as follows:11
	157	+	19-2.5-704. Procedure after determination of competency or12
	158	+	incompetency. (2) (b) Pursuant to section 27-60-105, the behavioral13
	159	+	health administration in the department of human services is the entity14
	160	+	responsible for the oversight of restoration education and coordination of15
	161	+	services necessary to competency restoration.16
	162	+	SECTION 6. In Colorado Revised Statutes, 19-3-304.4, amend17
	163	+	(1)(d)(I)(J) as follows:18
	164	+	19-3-304.4. Pre-adolescent services task force - duties - report19
	165	+	- repeal. (1) (d) (I) The task force shall convene on or before August 1,20
	166	+	2022. The appointing authorities shall appoint persons from throughout21
	167	+	the state, persons with a disability, and persons who reflect the racial and22
	168	+	ethnic diversity of the state. The task force consists of:23
	169	+	(J) A representative of the behavioral health administration with24
	170	+	expertise concerning the development and operation of rapid crisis25
	171	+	response teams, appointed by the executive director of the department of26
	172	+	human services COMMISSIONER OF THE BEHAVIORAL HEALTH27
	173	+	1236
	174	+	-5- ADMINISTRATION;1
	175	+	SECTION 7. In Colorado Revised Statutes, 24-1-120, repeal2
	176	+	(6)(d) as follows:3
	177	+	24-1-120. Department of human services - creation. (6) The4
	178	+	department consists of the following divisions, units, offices, and boards:5
	179	+	(d) The office of behavioral health in the department of human6
	180	+	services created pursuant to article 80 of title 27. The office of behavioral7
	181	+	health is a type 2 entity, as defined in section 24-1-105.8
	182	+	SECTION 8. In Colorado Revised Statutes, 24-37.5-702, amend9
	183	+	(1)(c) as follows:10
	184	+	24-37.5-702. Government data advisory board - created -11
	185	+	duties - definitions. (1) (c) (I) The remaining membership of the12
	186	+	advisory board consists of persons from state agencies who are either13
	187	+	experts in data or responsible for diverse aspects of data management14
	188	+	within the member's respective department and who are selected by the15
	189	+	head of the member's respective department to participate on the advisory16
	190	+	board at the invitation of the chief information officer.17
104	191		(II) T
105		-	HE CHIEF INFORMATION OFFICER SHALL INVITE ~~THE~~
106		-	COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION TO ~~SELECT~~
107		-	A MEMBER TO REPRESENT THE BEHAVIORAL HEALTH ADMINISTRATION ON
108		-	THE ADVISORY BOARD
109		-	.
110		-	~~SECTION 7. In Colorado Revised Statutes, 25-1.5-103, amend~~
111		-	(1)(a)(I)(A.5), (2)(a.3)(II), and (2)(b)(II); and add (1)(c)(III) as follows:
112		-	25-1.5-103. Health facilities - powers and duties of ~~department~~
113		-	- rules - limitations on rules - definitions - repeal. (1) The ~~department~~
114		-	has, in addition to all other powers and duties imposed upon it by law, ~~the~~
115		-	powers and duties provided in this section as follows:
116		-	~~(a) (I) (A.5) Notwithstanding the provisions of subsection~~
117		-	~~(1)(a)(I)~~(A) of ~~this section, after June 30, 2023~~
118		-	DECEMBER 31, 2023, ~~the~~
119		-	department shall not issue a license to a community mental health center,
120		-	an acute treatment unit, or a behavioral health entity. Prior to ~~the expiration~~
121		-	of any license issued by the department to such an entity, ~~the entity shall~~
122		-	apply to the behavioral health administration pursuant to ~~part 5 of article 50~~
123		-	of title 27. This subsection (1)(a)(I)(A.5) is repealed, ~~effective July 1, 2024~~
124		-	JANUARY 1, 2025.
	192	+	HE CHIEF INFORMATION OFFICER SHALL INVITE THE18
	193	+	COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION TO SELECT19
	194	+	A MEMBER TO REPRESENT THE BEHAVIORAL HEALTH ADMINISTRATION ON20
	195	+	THE ADVISORY BOARD.21
	196	+	SECTION 9. In Colorado Revised Statutes, 25-1.5-103, amend
	197	+	22
	198	+	(1)(a)(I)(A.5), (2)(a.3)(II), and (2)(b)(II); and add (1)(c)(III) as follows:23
	199	+	25-1.5-103. Health facilities - powers and duties of department24
	200	+	- rules - limitations on rules - definitions - repeal. (1) The department25
	201	+	has, in addition to all other powers and duties imposed upon it by law, the26
	202	+	powers and duties provided in this section as follows:27
	203	+	1236
	204	+	-6- (a) (I) (A.5) Notwithstanding the provisions of subsection1
	205	+	(1)(a)(I)(A) of this section, after June 30, 2023 DECEMBER 31, 2023, the2
	206	+	department shall not issue a license to a community mental health center,3
	207	+	an acute treatment unit, or a behavioral health entity. Prior to the4
	208	+	expiration of any license issued by the department to such an entity, the5
	209	+	entity shall apply to the behavioral health administration pursuant to part6
	210	+	5 of article 50 of title 27. This subsection (1)(a)(I)(A.5) is repealed,7
	211	+	effective July 1, 2024 JANUARY 1, 2025.8
125	212		(c) (III) T
126	213		HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JANUARY
127		-	1, 2025.
128		-	(2) As used in this section, unless the context otherwise requires:
129		-	(a.3) (II) This subsection (2)(a.3) is repealed, effective July 1, 2024
130		-	JANUARY 1, 2025.
131		-	(b) (II) This subsection (2)(b) is repealed, effective July 1, 2024
132		-	JANUARY 1, 2025.
133		-	SECTION 8. In Colorado Revised Statutes, 25-1.5-302, amend (1)
134		-	introductory portion as follows:
135		-	PAGE 4-HOUSE BILL 23-1236 25-1.5-302. Administration of medications - powers and duties
136		-	of department - record checks - rules. (1) The department has, in
137		-	addition to all other powers and duties imposed upon it by law, the power
138		-	to establish and maintain by rule a program for the administration of
139		-	medications in facilities. The department of human services,
140		-	THE
141		-	BEHAVIORAL HEALTH ADMINISTRATION
142		-	, the department of health care policy
143		-	and financing, and the department of corrections shall develop and conduct
144		-	a medication administration program as provided in this part 3. A
145		-	medication administration program developed pursuant to this subsection
146		-	(1) must be conducted within the following guidelines:
147		-	SECTION 9. In Colorado Revised Statutes, 25-4-2206, amend
148		-	(2)(a) introductory portion, (2)(a)(XII), and (2)(a)(XIII); and add
149		-	(2)(a)(XV) as follows:
150		-	25-4-2206. Health equity commission - creation - repeal.
151		-	(2) (a) The commission consists of the following twenty-two
152		-	TWENTY-THREE members, who are as follows:
153		-	(XII) The executive director of the department of corrections, or the
154		-	executive director's designee; and
155		-	(XIII) The executive director of the department of higher education,
156		-	or the executive director's designee;
157		-	AND
158		-	(XV) THE COMMISSIONER OF THE BEHAVIORAL HEALTH
159		-	ADMINISTRATION IN THE DEPARTMENT OF HUMAN SERVICES
160		-	, OR THE
161		-	COMMISSIONER
162		-	'S DESIGNEE.
163		-	SECTION 10. In Colorado Revised Statutes, 25-4-2209, amend
164		-	(1)(a) as follows:
165		-	25-4-2209. Culturally relevant and affirming health-care
166		-	training - health-care providers - grants - definitions. (1) As used in this
167		-	section:
168		-	(a) "Priority populations" means people experiencing homelessness;
169		-	people involved with the criminal justice system; Black people, indigenous
170		-	people, and people of color; American Indians and Alaska natives; veterans;
171		-	people who are lesbian, gay, bisexual, transgender, queer, or questioning;
172		-	PAGE 5-HOUSE BILL 23-1236 people of disproportionately affected sexual orientations and gender
173		-	identities; people who have AIDS or HIV; older adults; children and
174		-	families; and people with disabilities, including people who are deaf and
175		-	hard of hearing, people who are blind and deafblind, people with brain
176		-	injuries, people with intellectual and developmental disabilities, people with
177		-	other co-occurring disabilities; and other populations as deemed appropriate
178		-	by the office of
179		-	behavioral health ADMINISTRATION.
180		-	SECTION 11. In Colorado Revised Statutes, recreate and reenact,
181		-	with amendments, 25-27.6-104 as follows:
	214	+	9
	215	+	1,
	216	+	2025.
	217	+	10
	218	+	(2) As used in this section, unless the context otherwise requires:11
	219	+	(a.3) (II) This subsection (2)(a.3) is repealed, effective July 1,12
	220	+	2024 JANUARY 1, 2025.13
	221	+	(b) (II) This subsection (2)(b) is repealed, effective July 1, 202414
	222	+	J
	223	+	ANUARY 1, 2025.
	224	+	15
	225	+	SECTION 10. In Colorado Revised Statutes, 25-1.5-302, amend16
	226	+	(1) introductory portion as follows:17
	227	+	25-1.5-302. Administration of medications - powers and duties18
	228	+	of department - record checks - rules. (1) The department has, in19
	229	+	addition to all other powers and duties imposed upon it by law, the power20
	230	+	to establish and maintain by rule a program for the administration of21
	231	+	medications in facilities. The department of human services, THE22
	232	+	BEHAVIORAL HEALTH ADMINISTRATION, the department of health care23
	233	+	policy and financing, and the department of corrections shall develop and24
	234	+	conduct a medication administration program as provided in this part 3.25
	235	+	A medication administration program developed pursuant to this26
	236	+	subsection (1) must be conducted within the following guidelines:27
	237	+	1236
	238	+	-7- SECTION 11. In Colorado Revised Statutes, 25-4-2206, amend1
	239	+	(2)(a)(XII) and (2)(a)(XIII); and add (2)(a)(XIV) as follows:2
	240	+	25-4-2206. Health equity commission - creation - repeal.3
	241	+	(2) (a) The commission consists of the following twenty-two4
	242	+	TWENTY-THREE members, who are as follows:5
	243	+	(XII) The executive director of the department of corrections, or6
	244	+	the executive director's designee; and7
	245	+	(XIII) The executive director of the department of higher8
	246	+	education, or the executive director's designee;
	247	+	AND9
	248	+	(XIV) T
	249	+	HE COMMISSIONER OF THE BEHAVIORAL HEALTH10
	250	+	ADMINISTRATION IN THE DEPARTMENT OF HUMAN SERVICES , OR THE11
	251	+	COMMISSIONER'S DESIGNEE.12
	252	+	SECTION 12.
	253	+	In Colorado Revised Statutes, 25-4-2209, amend13
	254	+	(1)(a) as follows:14
	255	+	25-4-2209. Culturally relevant and affirming health-care15
	256	+	training - health-care providers - grants - definitions. (1) As used in16
	257	+	this section:17
	258	+	(a) "Priority populations" means people experiencing18
	259	+	homelessness; people involved with the criminal justice system; Black19
	260	+	people, indigenous people, and people of color; American Indians and20
	261	+	Alaska natives; veterans; people who are lesbian, gay, bisexual,21
	262	+	transgender, queer, or questioning; people of disproportionately affected22
	263	+	sexual orientations and gender identities; people who have AIDS or HIV;23
	264	+	older adults; children and families; and people with disabilities, including24
	265	+	people who are deaf and hard of hearing, people who are blind and25
	266	+	deafblind, people with brain injuries, people with intellectual and26
	267	+	developmental disabilities, people with other co-occurring disabilities;27
	268	+	1236
	269	+	-8- and other populations as deemed appropriate by the office of behavioral1
	270	+	health
	271	+	ADMINISTRATION.2
	272	+	SECTION 13. In Colorado Revised Statutes, recreate and
	273	+	3
	274	+	reenact, with amendments, 25-27.6-104 as follows:4
182	275		25-27.6-104. License required - repeal. (1) (a) O
183		-	N OR AFTER JULY
184		-	1, 2022, IT IS UNLAWFUL FOR ANY PERSON, PARTNERSHIP, ASSOCIATION, OR
185		-	CORPORATION TO CONDUCT OR MAINTAIN A BEHAVIORAL HEALTH ENTITY
186		-	WITHOUT HAVING OBTAINED A LICENSE THEREFOR FROM THE DEPARTMENT
187		-	.
	276	+	N OR AFTER
	277	+	5
	278	+	J
	279	+	ULY 1, 2022, IT IS UNLAWFUL FOR ANY PERSON , PARTNERSHIP,
	280	+	6
	281	+	ASSOCIATION, OR CORPORATION TO CONDUCT OR MAINTAIN A BEHAVIORAL7
	282	+	HEALTH ENTITY WITHOUT HAVING OBTAINED A LICENSE THEREFOR FROM8
	283	+	THE DEPARTMENT.9
188	284		(b) O
189	285		N OR AFTER JULY 1, 2021, AN ENTITY SEEKING INITIAL
190		-	LICENSURE AS A BEHAVIORAL HEALTH ENTITY SHALL APPLY FOR A
191		-	BEHAVIORAL HEALTH ENTITY LICENSE IF THE ENTITY WOULD PREVIOUSLY
192		-	HAVE BEEN LICENSED AS AN ACUTE TREATMENT UNIT
193		-	, A COMMUNITY
194		-	MENTAL HEALTH CENTER
195		-	, A COMMUNITY MENTAL HEALTH CLINIC , OR A
196		-	CRISIS STABILIZATION UNIT LICENSED AS A COMMUNITY CLINIC
197		-	.
	286	+	10
	287	+	LICENSURE AS A BEHAVIORAL HEALTH ENTITY SHALL APPLY FOR A11
	288	+	BEHAVIORAL HEALTH ENTITY LICENSE IF THE ENTITY WOULD PREVIOUSLY12
	289	+	HAVE BEEN LICENSED AS AN ACUTE TREATMENT UNIT , A COMMUNITY13
	290	+	MENTAL HEALTH CENTER , A COMMUNITY MENTAL HEALTH CLINIC , OR A14
	291	+	CRISIS STABILIZATION UNIT LICENSED AS A COMMUNITY CLINIC .15
198	292		(c) A
199	293		FACILITY LICENSED AS OF JUNE 30, 2021, AS AN ACUTE
200		-	TREATMENT UNIT
201		-	, A COMMUNITY MENTAL HEALTH CENTER , A COMMUNITY
202		-	MENTAL HEALTH CLINIC
203		-	, OR A CRISIS STABILIZATION UNIT LICENSED AS A
204		-	COMMUNITY CLINIC SHALL APPLY FOR A BEHAVIORAL HEALTH ENTITY
205		-	LICENSE PRIOR TO THE EXPIRATION OF THE FACILITY
206		-	'S CURRENT LICENSE.
	294	+	16
	295	+	TREATMENT UNIT, A COMMUNITY MENTAL HEALTH CENTER , A COMMUNITY17
	296	+	MENTAL HEALTH CLINIC, OR A CRISIS STABILIZATION UNIT LICENSED AS A18
	297	+	COMMUNITY CLINIC SHALL APPLY FOR A BEHAVIORAL HEALTH ENTITY19
	298	+	LICENSE PRIOR TO THE EXPIRATION OF THE FACILITY'S CURRENT LICENSE.20
207	299		S
208	300		UCH A FACILITY IS SUBJECT TO THE STANDARDS UNDER WHICH IT IS
209		-	LICENSED AS OF
210		-	JULY 1, 2021, UNTIL SUCH TIME AS THE BEHAVIORAL
211		-	HEALTH ENTITY LICENSE IS ISSUED
212		-	.
	301	+	21
	302	+	LICENSED AS OF JULY 1, 2021, UNTIL SUCH TIME AS THE BEHAVIORAL22
	303	+	HEALTH ENTITY LICENSE IS ISSUED.23
213	304		(2) T
214	305		HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2024.
215		-	SECTION 12. In Colorado Revised Statutes, 25-27.6-108, amend
216		-	(2) as follows:
217		-	25-27.6-108. Behavioral health entity cash fund - created. (2) On
218		-	June 30, 2024
219		-	DECEMBER 31, 2024, the state treasurer shall transfer all
220		-	unexpended and unencumbered money in the fund to the behavioral health
221		-	PAGE 6-HOUSE BILL 23-1236 licensing cash fund created pursuant to section 27-50-506.
222		-	SECTION 13. In Colorado Revised Statutes, amend 25-27.6-112
223		-	as follows:
224		-	25-27.6-112. Repeal of article. This article 27.6 is repealed,
225		-	effective July 1, 2024 JANUARY 1, 2025.
226		-	SECTION 14. In Colorado Revised Statutes, 25.5-5-325, amend
227		-	(2)(b)(I) as follows:
228		-	25.5-5-325. Residential and inpatient substance use disorder
229		-	treatment - medical detoxification services - federal approval -
230		-	performance review report. (2) (b) Prior to seeking federal approval
231		-	pursuant to subsection (2)(a) of this section, the state department shall seek
232		-	input from relevant stakeholders, including existing providers of substance
233		-	use disorder treatment and medical detoxification services and behavioral
234		-	health administrative services organizations. The state department shall seek
235		-	input and involve stakeholders in decisions regarding:
236		-	(I) The coordination of benefits with behavioral health
237		-	administrative services organizations and the office of behavioral health in
238		-	the department of human services;
239		-	SECTION 15. In Colorado Revised Statutes, 25.5-5-803, amend
240		-	(1) as follows:
241		-	25.5-5-803. High-fidelity wraparound services for children and
242		-	youth - federal approval - reporting. (1) Subject to available
243		-	appropriations, the state department shall seek federal authorization from
244		-	the federal centers for medicare and medicaid services to provide
245		-	wraparound services for eligible children and youth who are at risk of
246		-	out-of-home placement or in an out-of-home placement. Prior to seeking
247		-	federal authorization, the state department shall seek input from relevant
248		-	stakeholders including counties, managed care entities participating in the
249		-	statewide managed care system, families of children and youth with
250		-	behavioral health disorders, communities that have previously implemented
251		-	wraparound services, mental health professionals, the behavioral health
252		-	administration and the office of behavioral health
253		-	in the department of
254		-	human services, and other relevant departments. The state department shall
255		-	PAGE 7-HOUSE BILL 23-1236 consider tiered care coordination as an approach when developing the
256		-	wraparound model.
257		-	SECTION 16. In Colorado Revised Statutes, 26-5-117, amend
258		-	(2)(a), (2)(b)(I), (2)(c), (4)(a) introductory portion, (4)(a)(II), (4)(b), (4)(c),
259		-	(4)(d), (5), and (8); and repeal (2)(b)(II) as follows:
260		-	26-5-117. Out-of-home placement for children and youth with
261		-	mental or behavioral needs - funding - report - rules - legislative
262		-	declaration - definitions - repeal. (2) (a) The BHA
263		-	STATE DEPARTMENT
264		-	shall develop a program to provide emergency resources to licensed
265		-	providers to help remove barriers such providers face in serving children
266		-	and youth whose behavioral or mental health needs require services and
267		-	treatment in a residential child care facility. Any such licensed provider
268		-	shall meet the requirements of a qualified residential treatment program, as
269		-	defined in section 26-5.4-102; a psychiatric residential treatment facility, as
270		-	defined in section 25.5-4-103 (19.5); treatment foster care; or therapeutic
271		-	foster care.
272		-	(b) (I) Beginning July 1, 2022, the BHA
273		-	STATE DEPARTMENT shall
274		-	provide ongoing operational support for psychiatric residential treatment
275		-	facilities, therapeutic foster care, treatment foster care, and qualified
276		-	residential treatment programs as described in subsection (2)(a) of this
277		-	section.
278		-	(II) For the 2022-23 budget year, the general assembly shall
279		-	appropriate money from the behavioral and mental health cash fund created
280		-	in section 24-75-230 to the BHA to fund operational support for psychiatric
281		-	residential treatment facilities for youth, qualified residential treatment
282		-	programs, therapeutic foster care, and treatment foster care for youth across
283		-	the state as described in this subsection (2).
284		-	(c) The BHA STATE DEPARTMENT and any person who receives
285		-	money from the BHA STATE DEPARTMENT shall comply with the
286		-	compliance, reporting, record-keeping, and program evaluation
287		-	requirements established by the office of state planning and budgeting and
288		-	the state controller in accordance with section 24-75-226 (5).
289		-	(4) (a) The BHA
290		-	STATE DEPARTMENT shall contract with licensed
291		-	providers for the delivery of services to children and youth who are
292		-	PAGE 8-HOUSE BILL 23-1236 determined eligible for and placed in the program. A provider that contracts
293		-	with the BHA STATE DEPARTMENT shall not:
294		-	(II) Discharge a child or youth based on the severity or complexity
295		-	of the child's or youth's physical, behavioral, or mental health needs; except
296		-	that the BHA
297		-	STATE DEPARTMENT may arrange for the placement of a child
298		-	or youth with an alternate contracted provider if the placement with the
299		-	alternate provider is better suited to deliver services that meet the needs of
300		-	the child or youth.
301		-	(b) The BHA
302		-	STATE DEPARTMENT shall reimburse a provider
303		-	directly for the costs associated with the placement of a child or youth in the
304		-	program for the duration of the treatment, including the costs the provider
305		-	demonstrates are necessary in order for the provider to operate continuously
306		-	during this period.
307		-	(c) The BHA
308		-	STATE DEPARTMENT shall coordinate with the
309		-	department of health care policy and financing to support continuity of care
310		-	and payment for services for any children or youth placed in the program.
311		-	(d) The BHA
312		-	STATE DEPARTMENT shall reimburse the provider one
313		-	hundred percent of the cost of unutilized beds in the program to ensure
314		-	available space for emergency residential out-of-home placements.
315		-	(5) (a) A hospital, health-care provider, provider of case
316		-	management services, school district, managed care entity, or state or
317		-	county department of human or social services may refer a family for the
318		-	placement of a child or youth in the program. The entity referring a child or
319		-	youth for placement in the program shall submit or assist the family with
320		-	submitting an application to the BHA
321		-	STATE DEPARTMENT for review. The
322		-	BHA STATE DEPARTMENT shall consider each application as space becomes
323		-	available. The BHA STATE DEPARTMENT shall approve admissions into the
324		-	program and determine admission and discharge criteria for placement.
325		-	(b) The BHA STATE DEPARTMENT shall develop a discharge plan for
326		-	each child or youth placed in the program. The plan must include the
327		-	eligible period of placement of the child or youth and shall
328		-	MUST identify
329		-	the entity that will be responsible for the placement costs if the child or
330		-	youth remains with the provider beyond the date of eligibility identified in
331		-	the plan.
332		-	PAGE 9-HOUSE BILL 23-1236 (c) The entity or family that places the child or youth in the program
333		-	retains the right to remove the child or youth from the program any time
334		-	prior to the discharge date specified by the BHA
335		-	STATE DEPARTMENT.
336		-	(8) This section is intended to provide enhanced emergency services
337		-	resulting from the increased need for services due to the COVID-19
338		-	pandemic. No later than September 30, 2024, the BHA
339		-	STATE DEPARTMENT
340		-	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.
341		-	SECTION 17. In Colorado Revised Statutes, 27-50-101, amend
342		-	(4), (7), (11) introductory portion, and (13); and repeal (11)(g) as follows:
343		-	27-50-101. Definitions. As used in this article 50, unless the context
344		-	otherwise requires:
345		-	(4) "Behavioral health entity" means a facility or provider
346		-	organization engaged in providing community-based health services, which
347		-	may include services for a behavioral health disorder but does not include
348		-	residential child care facilities, as defined in section 26-6-903 (29),
349		-	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.
350		-	(7) "Behavioral health safety net provider" means any and all
351		-	behavioral health safety net providers, including comprehensive community
352		-	behavioral health providers and essential behavioral health safety net
353		-	providers. A community mental health center pursuant to 42 U.S.C. sec.
354		-	300x-2(c) and that is licensed as a behavioral health entity may apply to be
355		-	approved as a comprehensive community behavioral health provider, an
356		-	essential behavioral health safety net provider, or both.
357		-	(11) "Comprehensive community behavioral health provider" means
358		-	a licensed behavioral health entity
359		-	OR BEHAVIORAL HEALTH PROVIDER
360		-	approved by the behavioral health administration to provide CARE
361		-	PAGE 10-HOUSE BILL 23-1236 COORDINATION AND the following behavioral health safety net services,
362		-	either directly or through formal agreements with behavioral health
363		-	providers in the community or region:
364		-	(g) Care coordination;
365		-	(13) "Essential behavioral health safety net provider" means a
366		-	licensed behavioral health entity or behavioral health provider approved by
367		-	the behavioral health administration to provide
368		-	CARE COORDINATION AND
369		-	at least one of the FOLLOWING behavioral health safety net services:
370		-	described in subsection (11) of this section.
371		-	(a) EMERGENCY OR CRISIS BEHAVIORAL HEALTH SERVICES ;
372		-	(b) B
373		-	EHAVIORAL HEALTH OUTPATIENT SERVICES ;
	306	+	24
	307	+	SECTION 14. In Colorado Revised Statutes, 25-27.6-108,25
	308	+	amend (2) as follows:26
	309	+	25-27.6-108. Behavioral health entity cash fund - created.27
	310	+	1236
	311	+	-9- (2) On June 30, 2024 DECEMBER 31, 2024, the state treasurer shall1
	312	+	transfer all unexpended and unencumbered money in the fund to the2
	313	+	behavioral health licensing cash fund created pursuant to section3
	314	+	27-50-506.4
	315	+	SECTION 15. In Colorado Revised Statutes, amend 25-27.6-1125
	316	+	as follows:6
	317	+	25-27.6-112. Repeal of article. This article 27.6 is repealed,7
	318	+	effective July 1, 2024 JANUARY 1, 2025.8
	319	+	SECTION 16. In Colorado Revised Statutes, 25.5-5-325, amend9
	320	+	(2)(b)(I) as follows:10
	321	+	25.5-5-325. Residential and inpatient substance use disorder11
	322	+	treatment - medical detoxification services - federal approval -12
	323	+	performance review report. (2) (b) Prior to seeking federal approval13
	324	+	pursuant to subsection (2)(a) of this section, the state department shall14
	325	+	seek input from relevant stakeholders, including existing providers of15
	326	+	substance use disorder treatment and medical detoxification services and16
	327	+	behavioral health administrative services organizations. The state17
	328	+	department shall seek input and involve stakeholders in decisions18
	329	+	regarding:19
	330	+	(I) The coordination of benefits with behavioral health20
	331	+	administrative services organizations and the office of behavioral health21
	332	+	in the department of human services;22
	333	+	SECTION 17. In Colorado Revised Statutes, 25.5-5-803, amend23
	334	+	(1) as follows:24
	335	+	25.5-5-803. High-fidelity wraparound services for children25
	336	+	and youth - federal approval - reporting. (1) Subject to available26
	337	+	appropriations, the state department shall seek federal authorization from27
	338	+	1236
	339	+	-10- the federal centers for medicare and medicaid services to provide1
	340	+	wraparound services for eligible children and youth who are at risk of2
	341	+	out-of-home placement or in an out-of-home placement. Prior to seeking3
	342	+	federal authorization, the state department shall seek input from relevant4
	343	+	stakeholders including counties, managed care entities participating in the5
	344	+	statewide managed care system, families of children and youth with6
	345	+	behavioral health disorders, communities that have previously7
	346	+	implemented wraparound services, mental health professionals, the8
	347	+	behavioral health administration and the office of behavioral health in the9
	348	+	department of human services, and other relevant departments. The state10
	349	+	department shall consider tiered care coordination as an approach when11
	350	+	developing the wraparound model.12
	351	+	SECTION 18. In Colorado Revised Statutes, 26-5-117, amend13
	352	+	(2)(a), (2)(b)(I), (2)(c), (4)(a) introductory portion, (4)(a)(II), (4)(b),14
	353	+	(4)(c), (4)(d), (5), and (8); and repeal (2)(b)(II) as follows:15
	354	+	26-5-117. Out-of-home placement for children and youth with16
	355	+	mental or behavioral needs - funding - report - rules - legislative17
	356	+	declaration - definitions - repeal. (2) (a) The BHA STATE DEPARTMENT18
	357	+	shall develop a program to provide emergency resources to licensed19
	358	+	providers to help remove barriers such providers face in serving children20
	359	+	and youth whose behavioral or mental health needs require services and21
	360	+	treatment in a residential child care facility. Any such licensed provider22
	361	+	shall meet the requirements of a qualified residential treatment program,23
	362	+	as defined in section 26-5.4-102; a psychiatric residential treatment24
	363	+	facility, as defined in section 25.5-4-103 (19.5); treatment foster care; or25
	364	+	therapeutic foster care.26
	365	+	(b) (I) Beginning July 1, 2022, the BHA STATE DEPARTMENT shall27
	366	+	1236
	367	+	-11- provide ongoing operational support for psychiatric residential treatment1
	368	+	facilities, therapeutic foster care, treatment foster care, and qualified2
	369	+	residential treatment programs as described in subsection (2)(a) of this3
	370	+	section.4
	371	+	(II) For the 2022-23 budget year, the general assembly shall5
	372	+	appropriate money from the behavioral and mental health cash fund6
	373	+	created in section 24-75-230 to the BHA to fund operational support for7
	374	+	psychiatric residential treatment facilities for youth, qualified residential8
	375	+	treatment programs, therapeutic foster care, and treatment foster care for9
	376	+	youth across the state as described in this subsection (2).10
	377	+	(c) The BHA STATE DEPARTMENT and any person who receives11
	378	+	money from the BHA STATE DEPARTMENT shall comply with the12
	379	+	compliance, reporting, record-keeping, and program evaluation13
	380	+	requirements established by the office of state planning and budgeting14
	381	+	and the state controller in accordance with section 24-75-226 (5).15
	382	+	(4) (a) The BHA STATE DEPARTMENT shall contract with licensed16
	383	+	providers for the delivery of services to children and youth who are17
	384	+	determined eligible for and placed in the program. A provider that18
	385	+	contracts with the BHA STATE DEPARTMENT shall not:19
	386	+	(II) Discharge a child or youth based on the severity or complexity20
	387	+	of the child's or youth's physical, behavioral, or mental health needs;21
	388	+	except that the BHA STATE DEPARTMENT may arrange for the placement22
	389	+	of a child or youth with an alternate contracted provider if the placement23
	390	+	with the alternate provider is better suited to deliver services that meet the24
	391	+	needs of the child or youth.25
	392	+	(b) The BHA STATE DEPARTMENT shall reimburse a provider26
	393	+	directly for the costs associated with the placement of a child or youth in27
	394	+	1236
	395	+	-12- the program for the duration of the treatment, including the costs the1
	396	+	provider demonstrates are necessary in order for the provider to operate2
	397	+	continuously during this period.3
	398	+	(c) The BHA STATE DEPARTMENT shall coordinate with the4
	399	+	department of health care policy and financing to support continuity of5
	400	+	care and payment for services for any children or youth placed in the6
	401	+	program.7
	402	+	(d) The BHA STATE DEPARTMENT shall reimburse the provider8
	403	+	one hundred percent of the cost of unutilized beds in the program to9
	404	+	ensure available space for emergency residential out-of-home placements.10
	405	+	(5) (a) A hospital, health-care provider, provider of case11
	406	+	management services, school district, managed care entity, or state or12
	407	+	county department of human or social services may refer a family for the13
	408	+	placement of a child or youth in the program. The entity referring a child14
	409	+	or youth for placement in the program shall submit or assist the family15
	410	+	with submitting an application to the BHA STATE DEPARTMENT for16
	411	+	review. The BHA STATE DEPARTMENT shall consider each application as17
	412	+	space becomes available. The BHA STATE DEPARTMENT shall approve18
	413	+	admissions into the program and determine admission and discharge19
	414	+	criteria for placement.20
	415	+	(b) The BHA STATE DEPARTMENT shall develop a discharge plan21
	416	+	for each child or youth placed in the program. The plan must include the22
	417	+	eligible period of placement of the child or youth and shall MUST identify23
	418	+	the entity that will be responsible for the placement costs if the child or24
	419	+	youth remains with the provider beyond the date of eligibility identified25
	420	+	in the plan.26
	421	+	(c) The entity or family that places the child or youth in the27
	422	+	1236
	423	+	-13- program retains the right to remove the child or youth from the program1
	424	+	any time prior to the discharge date specified by the BHA STATE2
	425	+	DEPARTMENT.3
	426	+	(8) This section is intended to provide enhanced emergency4
	427	+	services resulting from the increased need for services due to the5
	428	+	COVID-19 pandemic. No later than September 30, 2024, the BHA STATE6
	429	+	DEPARTMENT shall submit recommendations to the house of7
	430	+	representatives public and behavioral health and human services8
	431	+	committee, the senate health and human services committee, or their9
	432	+	successor committees, and the joint budget committee about how to10
	433	+	provide necessary services for children and youth in need of residential11
	434	+	care, including hospital step-down services on an ongoing basis.12
	435	+	SECTION 19. In Colorado Revised Statutes, 27-50-101, amend13
	436	+	(4), (7), (11) introductory portion, and (13); and repeal (11)(g) as14
	437	+	follows:15
	438	+	27-50-101. Definitions. As used in this article 50, unless the16
	439	+	context otherwise requires:17
	440	+	(4) "Behavioral health entity" means a facility or provider18
	441	+	organization engaged in providing community-based health services,19
	442	+	which may include services for a behavioral health disorder but does not20
	443	+	include residential child care facilities, as defined in section 26-6-90321
	444	+	(29), detention and commitment facilities operated by the division of22
	445	+	youth services within the department of human services or services23
	446	+	provided by a licensed or certified mental health-care provider under the24
	447	+	provider's individual professional practice act on the provider's own25
	448	+	premises.26
	449	+	(7) "Behavioral health safety net provider" means any and all27
	450	+	1236
	451	+	-14- behavioral health safety net providers 27-50-301 (5), including1
	452	+	comprehensive community behavioral health providers and essential2
	453	+	behavioral health safety net providers. A community mental health center3
	454	+	pursuant to 42 U.S.C. sec. 300x-2(c) and that is licensed as a behavioral4
	455	+	health entity may apply to be approved as a comprehensive community5
	456	+	behavioral health provider, an essential behavioral health safety net6
	457	+	provider, or both.7
	458	+	(11) "Comprehensive community behavioral health provider"8
	459	+	means a licensed behavioral health entity OR BEHAVIORAL HEALTH9
	460	+	PROVIDER approved by the behavioral health administration to provide10
	461	+	CARE COORDINATION AND the following behavioral health safety net11
	462	+	services, either directly or through formal agreements with behavioral12
	463	+	health providers in the community or region:13
	464	+	(g) Care coordination;14
	465	+	(13) "Essential behavioral health safety net provider" means a15
	466	+	licensed behavioral health entity or behavioral health provider approved16
	467	+	by the behavioral health administration to provide CARE COORDINATION17
	468	+	AND at least one of the FOLLOWING behavioral health safety net services:18
	469	+	described in subsection (11) of this section19
	470	+	(a) E
	471	+	MERGENCY OR CRISIS BEHAVIORAL HEALTH SERVICES ;20(b) BEHAVIORAL HEALTH OUTPATIENT SERVICES ;21
374	472		(c) B
375		-	EHAVIORAL HEALTH HIGH-INTENSITY OUTPATIENT SERVICES;
	473	+	EHAVIORAL HEALTH HIGH-INTENSITY OUTPATIENT SERVICES;22
376	474		(d) B
377		-	EHAVIORAL HEALTH RESIDENTIAL SERVICES ;
	475	+	EHAVIORAL HEALTH RESIDENTIAL SERVICES ;23
378	476		(e) W
379		-	ITHDRAWAL MANAGEMENT SERVICES ;
	477	+	ITHDRAWAL MANAGEMENT SERVICES ;24
380	478		(f) B
381		-	EHAVIORAL HEALTH INPATIENT SERVICES ;
	479	+	EHAVIORAL HEALTH INPATIENT SERVICES ;25
382	480		(g) I
383		-	NTEGRATED CARE SERVICES;
384		-	~~(h) H~~
385		-	~~OSPITAL ALTERNATIVES; OR~~
386		-	(i) ~~ADDITIONAL SERVICES THAT THE BEHAVIORAL HEALTH~~
387		-	~~ADMINISTRATION DETERMINES ARE NECESSARY IN A REGION OR~~
388		-	~~THROUGHOUT THE STATE~~
389		-	.
390		-	SECTION 18. In Colorado Revised Statutes, 27-50-102, add (3) as
391		-	follows:
392		-	27-50-102. Behavioral health administration - creation -
	481	+	NTEGRATED CARE SERVICES;26
	482	+	27
	483	+	1236
	484	+	-15- (h) HOSPITAL ALTERNATIVES; OR1
	485	+	(i) ADDITIONAL SERVICES THAT THE BEHAVIORAL HEALTH2
	486	+	ADMINISTRATION DETERMINES ARE NECESSARY IN A REGION OR3
	487	+	THROUGHOUT THE STATE .4
	488	+	SECTION 20. In Colorado Revised Statutes, 27-50-102, add (3)5
	489	+	as follows:6
	490	+	27-50-102. Behavioral health administration - creation -7
393	491		coordination - health oversight agency. (3) F
394		-	OR THE PURPOSE OF
395		-	OVERSEEING THE BEHAVIORAL HEALTH CARE SYSTEM IN
396		-	~~COLORADO AND~~
397		-	~~DISCHARGING THE~~
398		-	~~BHA'S DUTIES~~ AS ~~DESCRIBED~~ IN ~~THIS ARTICLE 50, THE~~
399		-	~~BHA IS A HEALTH OVERSIGHT AGENCY, AS DEFINED IN 45 CFR 164~~.~~501.~~
400		-	~~PAGE 11-HOUSE BILL 23-1236 SECTION 19.~~ In Colorado Revised Statutes, 27-50-105, ~~amend~~
401		-	(1)(dd); and add (4) as follows:
402		-	27-50-105. Administration of behavioral health programs - ~~state~~
403		-	plan - sole mental health authority - gifts, grants, or donations. ~~(1) The~~
404		-	BHA shall administer and provide the following ~~behavioral health programs~~
405		-	and services:
406		-	(dd) The care navigation program pursuant to section 27-80-~~119~~
407		-	SECTION 27-60-204;
	492	+	OR THE PURPOSE OF8
	493	+	OVERSEEING THE BEHAVIORAL HEALTH CARE SYSTEM IN COLORADO AND9
	494	+	DISCHARGING THE BHA'S DUTIES AS DESCRIBED IN THIS ARTICLE 50, THE10
	495	+	BHA
	496	+	IS A HEALTH OVERSIGHT AGENCY, AS DEFINED IN 45 CFR 164.501.11
	497	+	SECTION 21.
	498	+	In Colorado Revised Statutes, 27-50-105, amend12
	499	+	(1)(dd); and add (4) as follows:13
	500	+	27-50-105. Administration of behavioral health programs -14
	501	+	state plan - sole mental health authority - gifts, grants, or donations.15
	502	+	(1) The BHA shall administer and provide the following behavioral16
	503	+	health programs and services:17
	504	+	(dd) The care navigation program pursuant to section 27-80-11918
	505	+	SECTION 27-60-204;19
408	506		(4) T
409		-	HE BHA MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR
410		-	DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSE OF
411		-	ADMINISTERING ANY BEHAVIORAL HEALTH PROGRAM OR SERVICE DESCRIBED
412		-	IN SUBSECTION
413		-	(1) OF THIS SECTION. THE COMMISSIONER, WITH THE
414		-	APPROVAL OF THE GOVERNOR
415		-	, MAY DIRECT THE DISPOSITION OF ANY GIFT,
416		-	GRANT, OR DONATION FOR ANY PURPOSE CONSISTENT WITH THE TERMS AND
417		-	CONDITIONS FOR WHICH THE GIFT
418		-	, GRANT, OR DONATION WAS GIVEN.
419		-	SECTION 20. In Colorado Revised Statutes, 27-50-106, amend (1)
420		-	introductory portion and (1)(a) as follows:
421		-	27-50-106. Transfer of functions. (1) The powers, duties, and
422		-	functions previously administered by the department of public health and
423		-	environment concerning licensing behavioral health entities pursuant to
424		-	article 27.6 of title 25 shall transfer to the BHA over a period of two years,
425		-	with all functions fully transferred to the BHA by July 1, 2024
426		-	JANUARY 1,
427		-	2025, as follows:
428		-	(a) The department of public health and environment shall continue
429		-	issuing and renewing behavioral health entity licenses until June 30, 2023
430		-	SEPTEMBER 30, 2023, after which date the department of public health and
431		-	environment shall not renew or confer any new behavioral health entity
432		-	licenses. Behavioral health entities that are licensed by the department of
433		-	public health and environment are subject to the rules and orders of the
434		-	department of public health and environment until such rules and orders are
435		-	revised, amended, repealed, or nullified. The department of public health
436		-	and environment shall continue compliance monitoring and enforcement
437		-	activities until all licenses the department of public health and environment
438		-	has conferred are expired, revoked, or surrendered, but not after June 30,
439		-	PAGE 12-HOUSE BILL 23-1236 2024 DECEMBER 31, 2025.
440		-	SECTION 21. In Colorado Revised Statutes, 27-50-201, amend (5)
441		-	as follows:
442		-	27-50-201. Behavioral health system monitoring - capacity -
443		-	safety net performance. (5) (a) The BHA shall collaborate with the
444		-	department of health care policy and financing to establish data collection
445		-	and reporting requirements that align with the performance standards
446		-	established in this section and that are of a high value in promoting systemic
447		-	improvements. In establishing data collection and reporting requirements,
448		-	the BHA must consider the impact on behavioral health providers and
449		-	clients and state information technology systems.
	507	+	HE BHA MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR20
	508	+	DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSE OF21
	509	+	ADMINISTERING ANY BEHAVIORAL HEALTH PROGRAM OR SERVICE22
	510	+	DESCRIBED IN SUBSECTION (1) OF THIS SECTION. THE COMMISSIONER, WITH23
	511	+	THE APPROVAL OF THE GOVERNOR , MAY DIRECT THE DISPOSITION OF ANY24
	512	+	GIFT, GRANT, OR DONATION FOR ANY PURPOSE CONSISTENT WITH THE25
	513	+	TERMS AND CONDITIONS FOR WHICH THE GIFT , GRANT, OR DONATION WAS26
	514	+	GIVEN.27
	515	+	1236
	516	+	-16- SECTION 22. In Colorado Revised Statutes, 27-50-106, amend1
	517	+	(1) introductory portion and (1)(a) as follows:2
	518	+	27-50-106. Transfer of functions. (1) The powers, duties, and3
	519	+	functions previously administered by the department of public health and4
	520	+	environment concerning licensing behavioral health entities pursuant to5
	521	+	article 27.6 of title 25 shall transfer to the BHA over a period of two6
	522	+	years, with all functions fully transferred to the BHA by July 1, 20247
	523	+	J
	524	+	ANUARY 1, 2025,
	525	+	as follows:8
	526	+	(a) The department of public health and environment shall9
	527	+	continue issuing and renewing behavioral health entity licenses until June10
	528	+	30, 2023 SEPTEMBER 30, 2023, after which date the department of public11
	529	+	health and environment shall not renew or confer any new behavioral12
	530	+	health entity licenses. Behavioral health entities that are licensed by the13
	531	+	department of public health and environment are subject to the rules and14
	532	+	orders of the department of public health and environment until such rules15
	533	+	and orders are revised, amended, repealed, or nullified. The department16
	534	+	of public health and environment shall continue compliance monitoring17
	535	+	and enforcement activities until all licenses the department of public18
	536	+	health and environment has conferred are expired, revoked, or19
	537	+	surrendered, but not after June 30, 2024 DECEMBER 31, 2025.20
	538	+	SECTION 23. In Colorado Revised Statutes, 27-50-201, amend21
	539	+	(5) as follows:22
	540	+	27-50-201. Behavioral health system monitoring - capacity -23
	541	+	safety net performance. (5) (a) The BHA shall collaborate with the24
	542	+	department of health care policy and financing to establish data collection25
	543	+	and reporting requirements that align with the performance standards26
	544	+	established in this section and that are of a high value in promoting27
	545	+	1236
	546	+	-17- systemic improvements. In establishing data collection and reporting1
	547	+	requirements, the BHA must consider the impact on behavioral health2
	548	+	providers and clients and state information technology systems.3
450	549		(b) W
451	550		HERE APPLICABLE, THE BHA SHALL COORDINATE WITH THE
452		-	HEALTH INFORMATION ORGANIZATION NETWORKS TO PRIORITIZE
453		-	LEVERAGING THE HEALTH INFORMATION ORGANIZATION NETWORK
454		-	INFRASTRUCTURE TO MEET THE REQUIREMENTS OF THIS SECTION AND TO
455		-	PROMOTE THE INTEROPERABLE EXCHANGE OF DATA TO IMPROVE THE
456		-	QUALITY OF PATIENT CARE
457		-	. THE BHA SHALL COORDINATE WITH THE HEALTH
458		-	INFORMATION ORGANIZATION NETWORKS ON RELEVANT PROVISIONS OF THE
459		-	UNIVERSAL CONTRACT PURSUANT TO SECTION
460		-	27-50-203 (1)(a).
461		-	SECTION 22. In Colorado Revised Statutes, 27-50-301, amend (1)
462		-	as follows:
463		-	27-50-301. Behavioral health safety net system implementation.
464		-	(1) No later than July 1, 2024, the BHA, in collaboration with the
465		-	department of health care policy and financing and the department of public
466		-	health and environment, shall establish a comprehensive and standardized
467		-	behavioral health safety net system throughout the state that must include
468		-	behavioral health safety net services for children, youth, and adults,
469		-	INCLUDING ADULTS WHO HAVE A SERIOUS MENTAL ILLNESS AND CHILDREN
470		-	AND YOUTH WHO HAVE A SERIOUS EMOTIONAL DISTURBANCE
471		-	, along a
472		-	continuum of care.
473		-	SECTION 23. In Colorado Revised Statutes, 27-50-302, add (4)(f)
474		-	as follows:
475		-	27-50-302. Requirement to serve priority populations - screening
476		-	PAGE 13-HOUSE BILL 23-1236 and triage for individuals in need of behavioral health services -
477		-	referrals. (4) (f) A
478		-	BEHAVIORAL HEALTH SAFETY NET PROVIDER SHALL
479		-	INCLUDE SERVICES THAT ADDRESS THE L ANGUAGE
480		-	, ABILITY, AND CULTURAL
481		-	BARRIERS
482		-	, AS NECESSARY, TO SERVE COMMUNITIES OF COLOR AND OTHER
483		-	UNDERSERVED POPULATIONS
484		-	.
485		-	SECTION 24. In Colorado Revised Statutes, amend 27-50-401 as
486		-	follows:
487		-	27-50-401. Regional behavioral health administrative services
488		-	organizations - establishment. (1) No later than July 1, 2024
489		-	JULY 1,
490		-	2025, the commissioner BHA shall select and contract with regionally based
491		-	INFORMED behavioral health organizations to establish, administer, and
492		-	maintain adequate networks of behavioral health safety net services and
493		-	care coordination, as described in part 3 of this article 50.
494		-	(2) The commissioner
495		-	BHA shall designate regions of the state
496		-	ESTABLISH A COMMUNITY -INFORMED STRUCTURE for A behavioral health
497		-	administrative services organizations ORGANIZATION to operate. In
498		-	establishing regions THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES
499		-	ORGANIZATION STRUCTURE
500		-	, the commissioner
501		-	BHA shall consult with the
502		-	department of health care policy and financing to ensure consideration of
503		-	the regional structure that serves the medicaid population.
504		-	SECTION 25. In Colorado Revised Statutes, 27-50-402, amend (2)
505		-	introductory portion as follows:
506		-	27-50-402. Behavioral health administrative services
507		-	organizations - application - designation - denial - revocation. (2) The
508		-	commissioner shall select a behavioral health administrative services
509		-	organization based on factors established by BHA rules and the
510		-	"Procurement Code", articles 101 to 112 of title 24. T
511		-	HE BHA SHALL
512		-	REQUIRE AN APPLICANT TO FURNISH LETTERS OF SUPPORT FROM
513		-	STAKEHOLDERS IN THE REGION THE APPLICANT IS APPLYING TO CONTRACT
514		-	FOR
515		-	, INCLUDING, BUT NOT LIMITED TO, COUNTY COMMISSIONERS AND
516		-	ADVOCACY OR COMMUNITY
517		-	-BASED ORGANIZATIONS . THE LETTERS OF
518		-	SUPPORT MUST DEMONSTRATE THE APPLICANT
519		-	'S ABILITY TO SERVE THE
520		-	COMMUNITY
521		-	. The factors for selection must include, but are not limited to,
522		-	the following:
523		-	PAGE 14-HOUSE BILL 23-1236 SECTION 26. In Colorado Revised Statutes, 27-50-501, amend
524		-	(1)(a), (1)(b) introductory portion, and (1)(c) as follows:
525		-	27-50-501. Behavioral health entities - license required -
526		-	criminal and civil penalties. (1) (a) On and after July 1, 2024 JANUARY 1,
527		-	2024, it is unlawful for any person, partnership, association, or corporation
528		-	to conduct or maintain a behavioral health entity, including a substance use
529		-	disorder program or alcohol use disorder program, without having obtained
530		-	a license from the BHA.
531		-	(b) On and after July 1, 2023
532		-	JANUARY 1, 2024, an entity seeking
533		-	initial licensure as a behavioral health entity shall apply for a behavioral
534		-	health entity license from the BHA if the entity would previously have been
535		-	licensed or subject to any of the following:
536		-	(c) A facility with a license or approval on or before June 30, 2023
537		-	DECEMBER 31, 2023, as a behavioral health entity or a substance use
538		-	disorder program, shall apply for a behavioral health entity license prior to
539		-	the expiration of the facility's current license or approval. Such a facility is
540		-	subject to the standards under which it is licensed or approved as of July 1,
541		-	2023 JANUARY 1, 2024, until such time as the BHA's behavioral health
542		-	entity license is issued or denied.
543		-	SECTION 27. In Colorado Revised Statutes, 27-50-502, amend (1)
544		-	introductory portion as follows:
545		-	27-50-502. Behavioral health entities - minimum standard -
546		-	rules. (1) No later than April 30, 2023 JANUARY 1, 2024, the BHA shall
547		-	promulgate rules pursuant to section 24-4-103 providing minimum
548		-	standards for the operation of behavioral health entities within the state,
549		-	including the following:
550		-	SECTION 28. In Colorado Revised Statutes, 27-50-504, amend
551		-	(1)(a) as follows:
552		-	27-50-504. License fees - rules. (1) (a) By April 30, 2023
553		-	JANUARY
554		-	1, 2024, the commissioner shall promulgate rules establishing a schedule of
555		-	fees sufficient to meet the direct and indirect costs of administration and
556		-	enforcement of this part 5.
557		-	PAGE 15-HOUSE BILL 23-1236 SECTION 29. In Colorado Revised Statutes, 27-50-505, amend (2)
558		-	as follows:
559		-	27-50-505. License - denial - suspension - revocation. (2) (a) The
560		-	BHA may suspend, revoke, or refuse to renew the license of any behavioral
561		-	health entity that is out of compliance with the requirements of this part 5
562		-	or the rules promulgated pursuant to this part 5. Suspension, revocation, or
563		-	refusal must not occur until after a hearing and in compliance with the
564		-	provisions and procedures specified in article 4 of title 24;
565		-	EXCEPT THAT
566		-	THE
567		-	BHA MAY SUMMARILY SUSPEND A BEHAVIORAL HEALTH ENTITY 'S
568		-	LICENSE BEFORE A HEARING IN ACCORDANCE WITH SECTION
569		-	24-4-104 (4)(a).
570		-	(b) A
571		-	FTER CONDUCTING A HEARING IN ACCORDANCE WITH ARTICLE
572		-	4 OF TITLE 24, THE BHA MAY REVOKE OR REFUSE TO RENEW A BEHAVIORAL
573		-	HEALTH ENTITY
574		-	'S LICENSE IF THE OWNER, MANAGER, OR ADMINISTRATOR OF
575		-	THE BEHAVIORAL HEALTH ENTITY HAS BEEN CONVICTED OF A FELONY OR
576		-	MISDEMEANOR INVOLVING CONDUCT THAT THE
577		-	BHA DETERMINES COULD
578		-	POSE A RISK TO THE HEALTH
579		-	, SAFETY, OR WELFARE OF THE BEHAVIORAL
580		-	HEALTH ENTITY
581		-	'S CONSUMERS.
582		-	SECTION 30. In Colorado Revised Statutes, 27-50-403, amend
583		-	(1)(i); and add (1)(k) as follows:
584		-	27-50-403. Behavioral health administrative services
585		-	organizations - contract requirements - individual access - care
586		-	coordination. (1) The BHA shall develop a contract for designated
587		-	behavioral health administrative services organizations, which must include,
588		-	but is not limited to, the following:
589		-	(i) Any provisions necessary to ensure the behavioral health
590		-	administrative services organization fulfills the functions provided in
591		-	subsection (2) of this section; and
592		-	(k) A REQUIREMENT THAT THE BEHAVIORAL HEALTH
593		-	ADMINISTRATIVE SERVICES ORGANIZATION PERFORM APPROPRIATE FISCAL
594		-	MANAGEMENT AND QUALITY OVERSIGHT OF PROVIDERS IN ITS NETWORK
595		-	WITHIN THE SCOPE OF THE PROVIDER
596		-	'S CONTRACT, INCLUDING, BUT NOT
597		-	LIMITED TO
598		-	, THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES
599		-	ORGANIZATION DIRECTLY ENGAGING IN AUDITS AND CORRECTIVE ACTION
600		-	PLANS WITH PROVIDERS IN ITS NETWORK TO ENSURE COMPLIANCE WITH THE
601		-	PAGE 16-HOUSE BILL 23-1236 CONTRACT.
602		-	SECTION 31. In Colorado Revised Statutes, 27-50-703, amend (1)
603		-	and (3); and add (1.3) and (1.5) as follows:
604		-	27-50-703. Advisory council - regional subcommittees -
605		-	subcommittees - working groups. (1) The BHA shall create one A
606		-	regional subcommittee of the advisory council STRUCTURE AS PART OF THE
607		-	BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATIONS TO
608		-	PROMOTE LOCAL COMMUNITY INPUT PERTAINING TO BEHAVIORAL HEALTH
609		-	SERVICE NEEDS
610		-	. IN ESTABLISHING A REGIONAL SUBCOMMITTEE STRUCTURE ,
611		-	THE BHA SHALL, TO THE BEST OF THE BHA'S ABILITY, ALIGN
612		-	GEOGRAPHICALLY WITH JUDICIAL DISTRICTS WHENEVER FEASIBLE
613		-	, TAKING
614		-	INTO CONSIDERATION COMMUNITY FEEDBACK ON WHERE AND HOW
615		-	INDIVIDUALS RECEIVE SERVICES IN THEIR COMMUNITIES
616		-	. for each behavioral
617		-	health administrative services organization region established pursuant to
618		-	section 27-50-401. Regional subcommittee members are appointed by the
619		-	commissioner for three-year terms; except that initial terms may be for two
620		-	years. Each regional THE subcommittee consists of five NINE members.
621		-	Membership of the regional subcommittees must include:
622		-	(a) At least One individual with expertise in the behavioral health
623		-	needs of children and youth
624		-	APPOINTED BY A LOCAL OR REGIONAL PUBLIC
625		-	HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE
626		-	'S REGION;
627		-	(b) At least
628		-	One individual who represents a behavioral health safety
629		-	net provider that operates within the region
630		-	APPOINTED BY A LOCAL OR
631		-	REGIONAL PUBLIC HEALTH OR HUMAN SERVICE AGENCY WITHIN THE
632		-	SUBCOMMITTEE
633		-	'S REGION; and
634		-	(c) A county commissioner of a county situated within the region
635		-	APPOINTED BY THE BHA;
636		-	(d) O
637		-	NE INDIVIDUAL WITH A CONNECTION TO A KINDERGARTEN
638		-	THROUGH TWELFTH GRADE SCHOOL DISTRICT WITHIN THE SUBCOMMITTEE
639		-	'S
640		-	REGION APPOINTED BY A LOCAL OR REGIONAL PUBLIC HEALTH OR HUMAN
641		-	SERVICE AGENCY WITHIN THE SUBCOMMITTEE
642		-	'S REGION;
643		-	(e) O
644		-	NE INDIVIDUAL WITH THE CRIMINAL JUSTICE SYSTEM WITHIN
645		-	THE SUBCOMMITTEE
646		-	'S REGION APPOINTED BY A LOCAL OR REGIONAL PUBLIC
647		-	PAGE 17-HOUSE BILL 23-1236 HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE 'S REGION;
648		-	(f) O
649		-	NE INDIVIDUAL WITH LIVED EXPERIENCE OR A COMMUNITY
650		-	MEMBER WHO IS NOT ALSO A BEHAVIORAL HEALTH PROVIDER APPOINTED BY
651		-	A LOCAL OR REGIONAL PUBLIC HEALTH OR HUMAN SERVICE AGENCY WITHIN
652		-	THE SUBCOMMITTEE
653		-	'S REGION;
654		-	(g) O
655		-	NE INDIVIDUAL WITH LIVED EXPERIENCE APPOINTED BY THE
656		-	BHA; AND
657		-	(h) TWO INDIVIDUALS WITH LIVED EXPERIENCE NOT ASSOCIATED
658		-	WITH A BEHAVIORAL HEALTH TREATMENT PROVIDER APPOINTED BY THE
659		-	BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATION CREATED
660		-	PURSUANT TO PART
661		-	4 OF THIS ARTICLE 50 THAT REPRESENT THE
662		-	SUBCOMMITTEE
663		-	'S REGION.
664		-	(1.3) T
665		-	HE REGIONAL SUBCOMMITTEE IS CREATED TO DIRECTLY
666		-	INFORM THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE OR GANIZATION
667		-	IN THE REGION IN ORDER TO IMPROVE SERVICES
668		-	, ACCOUNTABILITY, AND
669		-	TRANSPARENCY IN THE REGION
670		-	. THE BEHAVIORAL HEALTH ADMINISTRATIVE
671		-	SERVICE ORGANIZATION SHALL STAFF ALL SUBCOMMITTEE M EETINGS
672		-	, WHICH
673		-	SHALL MEET A MINIMUM OF SIX TIMES A YEAR AND ALLOW FOR PUBLIC
674		-	COMMENT DURING EACH MEETING
675		-	. THE BEHAVIORAL HEALTH
676		-	ADMINISTRATIVE SERVICE ORGANIZATION SHALL ENGAGE WITH THE
677		-	REGIONAL SUBCOMMITTEE
678		-	, AT A MINIMUM, ON THE FOLLOWING AREAS:
679		-	(a) W
680		-	HEN DETERMINING WHAT SERVICES ARE NEEDED TO ESTABLISH
681		-	A FULL CONTINUUM OF CARE IN THE REGION
682		-	;
683		-	(b) W
684		-	HEN ADDRESSING BARRIERS TO INDIVIDUALS ACCESSING
685		-	QUALITY AND TIMELY CARE IN THE REGION
686		-	; AND
687		-	(c) NEEDED SPECIALTY SERVICES FOR PRIORITY POPULATIONS .
688		-	(1.5) T
689		-	HE BEHAVIORAL HEALTH ADMINISTRATION ADVISORY
690		-	COUNCIL
691		-	, CREATED PURSUANT TO SECTION 27-50-701, SHALL ESTABLISH A
692		-	PROCESS TO RECEIVE DIRECT FEEDBACK FROM THE REGIONAL
693		-	SUBCOMMITTEE THROUGHOUT THE YEAR TO CONSIDER INCLUDING IN THE
694		-	BEHAVIORAL HEALTH ADMINISTRATION ADVISORY COUNCIL
695		-	'S ANNUAL
696		-	REPORT REQUIRED PURSUANT TO SECTION
697		-	27-50-701 (2)(d).
698		-	PAGE 18-HOUSE BILL 23-1236 (3) Each UNLESS COMMITTEE MEMBERSHIP IS ESTABLISHED
699		-	PURSUANT TO STATE OR FEDERAL LAW
700		-	, THE REGIONAL SUBCOMMITTEE AND
701		-	committee membership shall maintain a majority of members who represent
702		-	individuals with lived behavioral health experience or families of
703		-	individuals with lived behavioral health experience.
704		-	SECTION 32. In Colorado Revised Statutes, 27-60-105, amend
705		-	(2), (4)(d), (4)(e), (5) introductory portion, (5)(d), and (5)(e); repeal (4)(f)
706		-	and (5)(f); and add (4.5) and (5.5) as follows:
707		-	27-60-105. Outpatient restoration to competency services -
708		-	jail-based behavioral health services - responsible entity - duties -
709		-	report - legislative declaration. (2) The state department serves as a
710		-	central organizing structure and responsible entity for the provision of
711		-	competency restoration education services
712		-	AND coordination of competency
713		-	restoration services ordered by the court pursuant to section 16-8.5-111
714		-	(2)(b) or 19-2.5-704 (2), and
715		-	THE BEHAVIORAL HEALTH ADMINISTRATION
716		-	SERVES AS THE CENTRAL ORGANIZING STRUCTURE AND RESPONSIBLE ENTITY
717		-	FOR
718		-	jail-based behavioral health services pursuant to section 27-60-106.
719		-	(4) Beginning July 1, 2019, the state department has the following
720		-	duties and responsibilities, subject to available appropriations:
721		-	(d) To engage with key stakeholders in the juvenile and adult justice
722		-	systems to develop best practices in the delivery of competency restoration
723		-	services;
724		-	AND
725		-	(e) To make recommendations for legislation. and
726		-	(f) To oversee the functions of the jail-based behavioral health
727		-	services program created in section 27-60-106.
728		-	(4.5) BEGINNING JULY 1, 2023, SUBJECT TO AVAILABLE
729		-	APPROPRIATIONS
730		-	, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL
731		-	OVERSEE FUNCTIONS OF THE JAIL
732		-	-BASED BEHAVIORAL HEALTH SERVICES
733		-	PROGRAM CREATED IN SECTION
734		-	27-60-106.
735		-	(5) Notwithstanding section 24-1-136 (11)(a)(I), on or before
736		-	January 1, 2019, and every January 1 thereafter, the state department shall
737		-	submit an annual written report to the general assembly summarizing the
738		-	PAGE 19-HOUSE BILL 23-1236 state department's provision of competency restoration education AND its
739		-	efforts toward the coordination of competency restoration education with
740		-	other existing services. and the results of the jail-based behavioral health
741		-	services program created in section 27-60-106. The report must include:
742		-	(d) A description of opportunities to maximize and increase
743		-	available resources and funding;
744		-	AND
745		-	(e) A description of gaps in and conflicts with existing funding,
746		-	services, and programming essential to the effective restoration of
747		-	competency for juveniles and adults; and
748		-	(f) A description of the services funded through the jail-based
749		-	behavioral health services program created in section 27-60-106.
750		-	(5.5) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR
751		-	BEFORE
752		-	JANUARY 1, 2024, AND EVERY JANUARY 1 THEREAFTER, THE
753		-	BEHAVIORAL HEALTH ADMINISTRATION SHALL SUBMIT AN ANNUAL WRITTEN
754		-	REPORT TO THE GENERAL ASSEMBLY SUMMARIZING THE RESULTS OF THE
755		-	JAIL
756		-	-BASED BEHAVIORAL HEALTH SERVICES PROGRAM CREATED IN SECTION
757		-	27-60-106. THE REPORT MUST INCLUDE A DESCRIPTION OF THE SERVICES
758		-	FUNDED THROUGH THE JAIL
759		-	-BASED BEHAVIORAL HEALTH SERVICES
760		-	PROGRAM CREATED IN SECTION
761		-	27-60-106.
762		-	SECTION 33. In Colorado Revised Statutes, 27-60-104, add (6.5)
763		-	as follows:
764		-	27-60-104. Behavioral health crisis response system - crisis
765		-	service facilities - walk-in centers - mobile response units - report.
766		-	(6.5) F
767		-	OR STATE FISCAL YEAR 2023-24, THE BHA SHALL SAFEGUARD
768		-	PARTNERSHIPS BETWEEN COMMUNITY
769		-	-BASED BEHAVIORAL HEALTH
770		-	PROVIDERS AND RURAL HOSPITALS BY ALLOCATING MONEY TO
771		-	COMMUNITY
772		-	-BASED BEHAVIORAL HEALTH PROVIDERS .
773		-	SECTION 34. In Colorado Revised Statutes, 27-60-204, amend
774		-	(1)(a) introductory portion, (6)(c), and (6)(d); add (6)(e); and add with
775		-	amended and relocated provisions (9) as follows:
776		-	27-60-204. Care coordination infrastructure - implementation
777		-	- care navigation program - creation - report - rules - definition -
778		-	PAGE 20-HOUSE BILL 23-1236 repeal. (1) Care coordination infrastructure. (a) No later than July 1,
779		-	2024, the BHA, in collaboration with the department of health care policy
780		-	and financing, shall develop a statewide care coordination infrastructure to
781		-	drive accountability and more effective behavioral health navigation to care
782		-	that builds upon and collaborates with existing care coordination services.
783		-	The infrastructure must include:
784		-	(6) Beginning January 2025, and each January thereafter, the
785		-	department of health care policy and financing shall assess the care
786		-	coordination services provided by managed care entities and provide a
787		-	report as part of its "State Measurement for Accountable, Responsive, and
788		-	Transparent (SMART) Government Act" hearing required by section
789		-	2-7-203. At a minimum, the report must include:
790		-	(c) Data on efforts made to reconnect with individuals that
791		-	WHO did
792		-	not initially follow through on care coordination services; and
793		-	(d) Data on referrals to community-based services and follow-up
794		-	services by each managed care entity for individuals served through care
	551	+	4
	552	+	HEALTH INFORMATION ORGANIZATION NETWORKS TO PRIORITIZE5
	553	+	LEVERAGING THE HEALTH INFORMATION ORGANIZATION NETWORK6
	554	+	INFRASTRUCTURE TO MEET THE REQUIREMENTS OF THIS SECTION AND TO7
	555	+	PROMOTE THE INTEROPERABLE EXCHANGE OF DATA TO IMPROVE THE8
	556	+	QUALITY OF PATIENT CARE. THE BHA SHALL COORDINATE WITH THE9
	557	+	HEALTH INFORMATION ORGANIZATION NETWORKS ON RELEVANT10
	558	+	PROVISIONS OF THE UNIVERSAL CONTRACT PURSUANT TO SECTION11
	559	+	27-50-203 (1)(a).12
	560	+	SECTION 24. In Colorado Revised Statutes, 27-50-301, amend13
	561	+	(1) as follows:14
	562	+	27-50-301. Behavioral health safety net system15
	563	+	implementation. (1) No later than July 1, 2024, the BHA, in16
	564	+	collaboration with the department of health care policy and financing and17
	565	+	the department of public health and environment, shall establish a18
	566	+	comprehensive and standardized behavioral health safety net system19
	567	+	throughout the state that must include behavioral health safety net20
	568	+	services for children, youth, and adults, INCLUDING ADULTS WHO HAVE A21
	569	+	SERIOUS MENTAL ILLNESS AND CHILDREN AND YOUTH WHO HAVE A22
	570	+	SERIOUS EMOTIONAL DISTURBANCE , along a continuum of care.23
	571	+	SECTION 25. In Colorado Revised Statutes, 27-50-302, add24
	572	+	(4)(f) as follows:25
	573	+	27-50-302. Requirement to serve priority populations -26
	574	+	screening and triage for individuals in need of behavioral health27
	575	+	1236
	576	+	-18- services - referrals. (4) (f) A BEHAVIORAL HEALTH SAFETY NET1
	577	+	PROVIDER SHALL INCLUDE SERVICES THAT ADDRESS THE LANGUAGE,2
	578	+	ABILITY, AND CULTURAL BARRIERS, AS NECESSARY, TO SERVE3
	579	+	COMMUNITIES OF COLOR AND OTHER UNDERSERVED POPULATIONS .4
	580	+	SECTION 26. In Colorado Revised Statutes, amend 27-50-4015
	581	+	as follows:6
	582	+	27-50-401. Regional behavioral health administrative services7
	583	+	organizations - establishment. (1) No later than July 1, 2024 JULY 1,8
	584	+	2025, the commissioner BHA shall select and contract with regionally9
	585	+	based INFORMED behavioral health organizations to establish, administer,10
	586	+	and maintain adequate networks of behavioral health safety net services11
	587	+	and care coordination, as described in part 3 of this article 50.12
	588	+	(2) The commissioner BHA shall designate regions of the state13
	589	+	ESTABLISH A COMMUNITY-INFORMED STRUCTURE for A behavioral health14
	590	+	administrative services organizations ORGANIZATION to operate. In15
	591	+	establishing regions THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES16
	592	+	ORGANIZATION STRUCTURE , the commissioner BHA shall consult with the17
	593	+	department of health care policy and financing to ensure consideration of18
	594	+	the regional structure that serves the medicaid population.19
	595	+	SECTION 27. In Colorado Revised Statutes, 27-50-402, amend20
	596	+	(2) introductory portion as follows:21
	597	+	27-50-402. Behavioral health administrative services22
	598	+	organizations - application - designation - denial - revocation. (2) The23
	599	+	commissioner shall select a behavioral health administrative services24
	600	+	organization based on factors established by BHA rules and the25
	601	+	"Procurement Code", articles 101 to 112 of title 24. THE BHA SHALL26
	602	+	REQUIRE AN APPLICANT TO FURNISH LETTERS OF SUPPORT FROM27
	603	+	1236
	604	+	-19- STAKEHOLDERS IN THE REGION THE APPLICANT IS APPLYING TO CONTRACT1
	605	+	FOR, INCLUDING, BUT NOT LIMITED TO, COUNTY COMMISSIONERS AND2
	606	+	ADVOCACY OR COMMUNITY-BASED ORGANIZATIONS. THE LETTERS OF3
	607	+	SUPPORT MUST DEMONSTRATE THE APPLICANT 'S ABILITY TO SERVE THE4
	608	+	COMMUNITY. The factors for selection must include, but are not limited5
	609	+	to, the following:6
	610	+	SECTION 28. In Colorado Revised Statutes, 27-50-501, amend7
	611	+	(1)(a), (1)(b) introductory portion, and (1)(c) as follows: 8
	612	+	27-50-501. Behavioral health entities - license required -9
	613	+	criminal and civil penalties. (1) (a) On and after July 1, 2024 JANUARY10
	614	+	1, 2024, it is unlawful for any person, partnership, association, or11
	615	+	corporation to conduct or maintain a behavioral health entity, including12
	616	+	a substance use disorder program or alcohol use disorder program,13
	617	+	without having obtained a license from the BHA.14
	618	+	(b) On and after July 1, 2023 JANUARY 1, 2024, an entity seeking15
	619	+	initial licensure as a behavioral health entity shall apply for a behavioral16
	620	+	health entity license from the BHA if the entity would previously have17
	621	+	been licensed or subject to any of the following:18
	622	+	(c) A facility with a license or approval on or before June 30,19
	623	+	2023 DECEMBER 31, 2023, as a behavioral health entity or a substance use20
	624	+	disorder program, shall apply for a behavioral health entity license prior21
	625	+	to the expiration of the facility's current license or approval. Such a22
	626	+	facility is subject to the standards under which it is licensed or approved23
	627	+	as of July 1, 2023 JANUARY 1, 2024, until such time as the BHA's24
	628	+	behavioral health entity license is issued or denied.25
	629	+	SECTION 29. In Colorado Revised Statutes, 27-50-502, amend26
	630	+	(1) introductory portion as follows:27
	631	+	1236
	632	+	-20- 27-50-502. Behavioral health entities - minimum standard -1
	633	+	rules. (1) No later than April 30, 2023 JANUARY 1, 2024, the BHA shall2
	634	+	promulgate rules pursuant to section 24-4-103 providing minimum3
	635	+	standards for the operation of behavioral health entities within the state,4
	636	+	including the following:5
	637	+	SECTION 30. In Colorado Revised Statutes, 27-50-504, amend6
	638	+	(1)(a) as follows:7
	639	+	27-50-504. License fees - rules. (1) (a) By April 30, 20238
	640	+	J
	641	+	ANUARY 1, 2024,
	642	+	the commissioner shall promulgate rules establishing9
	643	+	a schedule of fees sufficient to meet the direct and indirect costs of10
	644	+	administration and enforcement of this part 5.11
	645	+	SECTION 31. In Colorado Revised Statutes, 27-50-505, amend12
	646	+	(2) as follows:13
	647	+	27-50-505. License - denial - suspension - revocation.14
	648	+	(2) (a) The BHA may suspend, revoke, or refuse to renew the license of15
	649	+	any behavioral health entity that is out of compliance with the16
	650	+	requirements of this part 5 or the rules promulgated pursuant to this part17
	651	+	5. Suspension, revocation, or refusal must not occur until after a hearing18
	652	+	and in compliance with the provisions and procedures specified in article19
	653	+	4 of title 24; EXCEPT THAT THE BHA MAY SUMMARILY SUSPEND A20
	654	+	BEHAVIORAL HEALTH ENTITY 'S LICENSE BEFORE A HEARING IN21
	655	+	ACCORDANCE WITH SECTION 24-4-104 (4)(a).22
	656	+	(b) AFTER CONDUCTING A HEARING IN ACCORDANCE WITH ARTICLE23
	657	+	4 OF TITLE 24, THE BHA MAY REVOKE OR REFUSE TO RENEW A24
	658	+	BEHAVIORAL HEALTH ENTITY'S LICENSE IF THE OWNER, MANAGER, OR25
	659	+	ADMINISTRATOR OF THE BEHAVIORAL HEALTH ENTITY HAS BEEN26
	660	+	CONVICTED OF A FELONY OR MISDEMEANOR INVOLVING CONDUCT THAT27
	661	+	1236
	662	+	-21- THE BHA DETERMINES COULD POSE A RISK TO THE HEALTH, SAFETY, OR1
	663	+	WELFARE OF THE BEHAVIORAL HEALTH ENTITY 'S CONSUMERS.2
	664	+	SECTION 32. In Colorado Revised Statutes, 27-50-403, amend3
	665	+	(1)(i); and add (1)(k) as follows:4
	666	+	27-50-403. Behavioral health administrative services5
	667	+	organizations - contract requirements - individual access - care6
	668	+	coordination. (1) The BHA shall develop a contract for designated7
	669	+	behavioral health administrative services organizations, which must8
	670	+	include, but is not limited to, the following:9
	671	+	(i) Any provisions necessary to ensure the behavioral health10
	672	+	administrative services organization fulfills the functions provided in11
	673	+	subsection (2) of this section; and12
	674	+	(k) A REQUIREMENT THAT THE BEHAVIORAL HEALTH13
	675	+	ADMINISTRATIVE SERVICES ORGANIZATION PERFORM APPROPRIATE FISCAL14
	676	+	MANAGEMENT AND QUALITY OVERSIGHT OF PROVIDERS IN ITS NETWORK15
	677	+	WITHIN THE SCOPE OF THE PROVIDER'S CONTRACT, INCLUDING, BUT NOT16
	678	+	LIMITED TO, THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES17
	679	+	ORGANIZATION DIRECTLY ENGAGING IN AUDITS AND CORRECTIVE ACTION18
	680	+	PLANS WITH PROVIDERS IN ITS NETWORK TO ENSURE COMPLIANCE WITH19
	681	+	THE CONTRACT.20
	682	+	SECTION 33. In Colorado Revised Statutes, 27-50-703, amend21
	683	+	(1) and (3); and add (1.3) and (1.5) as follows:22
	684	+	27-50-703. Advisory council - regional subcommittees -23
	685	+	subcommittees - working groups. (1) The BHA shall create one A24
	686	+	regional subcommittee of the advisory council STRUCTURE AS PART OF25
	687	+	THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATIONS TO26
	688	+	PROMOTE LOCAL COMMUNITY INPUT PERTAINING TO BEHAVIORAL HEALTH27
	689	+	1236
	690	+	-22- SERVICE NEEDS. IN ESTABLISHING A REGIONAL SUBCOMMITTEE1
	691	+	STRUCTURE, THE BHA SHALL, TO THE BEST OF THE BHA'S ABILITY, ALIGN2
	692	+	GEOGRAPHICALLY WITH JUDICIAL DISTRICTS WHENEVER FEASIBLE, TAKING3
	693	+	INTO CONSIDERATION COMMUNITY FEEDBACK ON WHERE AND HOW4
	694	+	INDIVIDUALS RECEIVE SERVICES IN THEIR COMMUNITIES .. for each5
	695	+	behavioral health administrative services organization region established6
	696	+	pursuant to section 27-50-401. Regional subcommittee members are7
	697	+	appointed by the commissioner for three-year terms; except that initial8
	698	+	terms may be for two years. Each regional THE subcommittee consists of9
	699	+	NINE members. Membership of the regional subcommittees must include:10
	700	+	(a) At least One individual with expertise in the behavioral health11
	701	+	needs of children and youth APPOINTED BY A LOCAL OR REGIONAL PUBLIC12
	702	+	HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE 'S13
	703	+	REGION;14
	704	+	(b) At least One individual who represents a behavioral health15
	705	+	safety net provider that operates within the region APPOINTED BY A LOCAL16
	706	+	OR REGIONAL PUBLIC HEALTH OR HUMAN SERVICE AGENCY WITHIN THE17
	707	+	SUBCOMMITTEE'S REGION; and18
	708	+	(c) A county commissioner of a county situated within the region19
	709	+	APPOINTED BY THE BHA;20
	710	+	(d) ONE INDIVIDUAL WITH A CONNECTION TO A KINDERGARTEN21
	711	+	THROUGH TWELFTH GRADE SCHOOL DISTRICT WITHIN THE22
	712	+	SUBCOMMITTEE'S REGION APPOINTED BY A LOCAL OR REGIONAL PUBLIC23
	713	+	HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE 'S24
	714	+	REGION;25
	715	+	(e) ONE INDIVIDUAL WITH THE CRIMINAL JUSTICE SYSTEM WITHIN26
	716	+	THE SUBCOMMITTEE'S REGION APPOINTED BY A LOCAL OR REGIONAL27
	717	+	1236
	718	+	-23- PUBLIC HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE 'S1
	719	+	REGION;2
	720	+	(f) ONE INDIVIDUAL WITH LIVED EXPERIENCE OR A COMMUNITY3
	721	+	MEMBER WHO IS NOT ALSO A BEHAVIORAL HEALTH PROVIDER APPOINTED4
	722	+	BY A LOCAL OR REGIONAL PUBLIC HEALTH OR HUMAN SERVICE AGENCY5
	723	+	WITHIN THE SUBCOMMITTEE'S REGION;6
	724	+	(g) ONE INDIVIDUAL WITH LIVED EXPERIENCE APPOINTED BY THE7
	725	+	BHA; AND8
	726	+	(h) TWO INDIVIDUALS WITH LIVED EXPERIENCE NOT ASSOCIATED9
	727	+	WITH A BEHAVIORAL HEALTH TREATMENT PROVIDER APPOINTED BY THE10
	728	+	BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATION CREATED11
	729	+	PURSUANT TO PART 4 OF THIS ARTICLE 50 THAT REPRESENT THE12
	730	+	SUBCOMMITTEE'S REGION.13
	731	+	(1.3) THE REGIONAL SUBCOMMITTEE IS CREATED TO DIRECTLY14
	732	+	INFORM THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE15
	733	+	ORGANIZATION IN THE REGION IN ORDER TO IMPROVE SERVICES ,16
	734	+	ACCOUNTABILITY, AND TRANSPARENCY IN THE REGION. THE BEHAVIORAL17
	735	+	HEALTH ADMINISTRATIVE SERVICE ORGANIZATION SHALL STAFF ALL18
	736	+	SUBCOMMITTEE MEETINGS, WHICH SHALL MEET A MINIMUM OF SIX TIMES19
	737	+	A YEAR AND ALLOW FOR PUBLIC COMMENT DURING EACH MEETING . THE20
	738	+	BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE OR GANIZATION SHALL21
	739	+	ENGAGE WITH THE REGIONAL SUBCOMMITTEE, AT A MINIMUM, ON THE22
	740	+	FOLLOWING AREAS:23
	741	+	(a) WHEN DETERMINING WHAT SERVICES ARE NEEDED TO24
	742	+	ESTABLISH A FULL CONTINUUM OF CARE IN THE REGION ;25
	743	+	(b) WHEN ADDRESSING BARRIERS TO INDIVIDUALS ACCESSING26
	744	+	QUALITY AND TIMELY CARE IN THE REGION ; AND27
	745	+	1236
	746	+	-24- (c) NEEDED SPECIALTY SERVICES FOR PRIORITY POPULATIONS .1
	747	+	(1.5) THE BEHAVIORAL HEALTH ADMINISTRATION ADVISORY2
	748	+	COUNCIL, CREATED PURSUANT TO SECTION 27-50-701, SHALL ESTABLISH3
	749	+	A PROCESS TO RECEIVE DIRECT FEEDBACK FROM THE REGIONAL4
	750	+	SUBCOMMITTEE THROUGHOUT THE YEAR TO CONSIDER INCLUDING IN THE5
	751	+	BEHAVIORAL HEALTH ADMINISTRATION ADVISORY COUNCIL 'S ANNUAL6
	752	+	REPORT REQUIRED PURSUANT TO SECTION 27-50-701 (2)(d).7
	753	+	(3) Each UNLESS COMMITTEE MEMBERSHIP IS ESTABLISHED8
	754	+	PURSUANT TO STATE OR FEDERAL LAW , THE REGIONAL SUBCOMMITTEE9
	755	+	AND committee membership shall maintain a majority of members who10
	756	+	represent individuals with lived behavioral health experience or families11
	757	+	of individuals with lived behavioral health experience.12
	758	+	SECTION 34. In Colorado Revised Statutes, 27-60-105, amend13
	759	+	(2), (4)(d), (4)(e), (5), (5)(d), and (5)(e); repeal (4)(f) and (5)(f); and add14
	760	+	(4.5) and (5.5) as follows:15
	761	+	27-60-105. Outpatient restoration to competency services -16
	762	+	jail-based behavioral health services - responsible entity - duties -17
	763	+	report - legislative declaration. (2) The state department serves as a18
	764	+	central organizing structure and responsible entity for the provision of19
	765	+	competency restoration education services AND coordination of20
	766	+	competency restoration services ordered by the court pursuant to section21
	767	+	16-8.5-111 (2)(b) or 19-2.5-704 (2), and THE BEHAVIORAL HEALTH22
	768	+	ADMINISTRATION SERVES AS THE CENTRAL ORGANIZING STRUCTURE AND23
	769	+	RESPONSIBLE ENTITY FOR jail-based behavioral health services pursuant24
	770	+	to section 27-60-106.25
	771	+	(4) Beginning July 1, 2019, the state department has the following26
	772	+	duties and responsibilities, subject to available appropriations:27
	773	+	1236
	774	+	-25- (d) To engage with key stakeholders in the juvenile and adult1
	775	+	justice systems to develop best practices in the delivery of competency2
	776	+	restoration services; AND3
	777	+	(e) To make recommendations for legislation. and4
	778	+	(f) To oversee the functions of the jail-based behavioral health5
	779	+	services program created in section 27-60-106.6
	780	+	(4.5) BEGINNING JULY 1, 2023, SUBJECT TO AVAILABLE7
	781	+	APPROPRIATIONS, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL8
	782	+	OVERSEE FUNCTIONS OF THE JAIL-BASED BEHAVIORAL HEALTH SERVICES9
	783	+	PROGRAM CREATED IN SECTION 2 27-60-106.10
	784	+	(5) Notwithstanding section 24-1-136 (11)(a)(I), on or before11
	785	+	January 1, 2019, and every January 1 thereafter, the state department shall12
	786	+	submit an annual written report to the general assembly summarizing the13
	787	+	state department's provision of competency restoration education AND its14
	788	+	efforts toward the coordination of competency restoration education with15
	789	+	other existing services and the results of the jail-based behavioral health16
	790	+	services program created in section 27-60-106. The report must include:17
	791	+	(d) A description of opportunities to maximize and increase18
	792	+	available resources and funding; AND19
	793	+	(e) A description of gaps in and conflicts with existing funding,20
	794	+	services, and programming essential to the effective restoration of21
	795	+	competency for juveniles and adults; and22
	796	+	(f) A description of the services funded through the jail-based23
	797	+	behavioral health services program created in section 27-60-106.24
	798	+	(5.5) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR25
	799	+	BEFORE JANUARY 1, 2024, AND EVERY JANUARY 1 THEREAFTER, THE26
	800	+	BEHAVIORAL HEALTH ADMINISTRATION SHALL SUBMIT AN ANNUAL27
	801	+	1236
	802	+	-26- WRITTEN REPORT TO THE GENERAL ASSEMBLY SUMMARIZING THE RESULTS1
	803	+	OF THE JAIL-BASED BEHAVIORAL HEALTH SERVICES PROGRAM CREATED IN2
	804	+	SECTION 27-60-106. THE REPORT MUST INCLUDE A DESCRIPTION OF THE3
	805	+	SERVICES FUNDED THROUGH THE JAIL-BASED BEHAVIORAL HEALTH4
	806	+	SERVICES PROGRAM CREATED IN SECTION 27-60-106.5
	807	+	SECTION 35. In Colorado Revised Statutes, 27-60-104, add6
	808	+	(6.5) as follows:7
	809	+	27-60-104. Behavioral health crisis response system - crisis8
	810	+	service facilities - walk-in centers - mobile response units - report.9
	811	+	(6.5) FOR STATE FISCAL YEAR 2023-24, THE BHA SHALL SAFEGUARD10
	812	+	PARTNERSHIPS BETWEEN COMMUNITY-BASED BEHAVIORAL HEALTH11
	813	+	PROVIDERS AND RURAL HOSPITALS BY ALLOCATING MONEY TO12
	814	+	COMMUNITY-BASED BEHAVIORAL HEALTH PROVIDERS .13
	815	+	SECTION 36. In Colorado Revised Statutes, 27-60-204, amend14
	816	+	(1)(a) introductory portion, (6)(c), and (6)(d); add (6)(e); and add with15
	817	+	amended and relocated provisions (9) as follows:16
	818	+	27-60-204. Care coordination infrastructure - implementation17
	819	+	- care navigation program - creation - report - rules - definition -18
	820	+	repeal. (1) Care coordination infrastructure. (a) No later than July 1,19
	821	+	2024, the BHA, in collaboration with the department of health care policy20
	822	+	and financing, shall develop a statewide care coordination infrastructure21
	823	+	to drive accountability and more effective behavioral health navigation22
	824	+	to care that builds upon and collaborates with existing care coordination23
	825	+	services. The infrastructure must include:24
	826	+	(6) Beginning January 2025, and each January thereafter, the25
	827	+	department of health care policy and financing shall assess the care26
	828	+	coordination services provided by managed care entities and provide a27
	829	+	1236
	830	+	-27- report as part of its "State Measurement for Accountable, Responsive, and1
	831	+	Transparent (SMART) Government Act" hearing required by section2
	832	+	2-7-203. At a minimum, the report must include:3
	833	+	(c) Data on efforts made to reconnect with individuals that WHO4
	834	+	did not initially follow through on care coordination services; and5
	835	+	(d) Data on referrals to community-based services and follow-up6
	836	+	services by each managed care entity for individuals served through care7
795	837		coordination services;
796		-	AND
797		-	(e) DATA ON THE UTILIZATION OF CARE NAVIGATION SERVICES
798		-	PURSUANT TO SUBSECTION
799		-	(9) OF THIS SECTION IN ACCORDANCE WITH STATE
800		-	AND FEDERAL HEALTH
801		-	-CARE PRIVACY LAWS.
802		-	(9) Care navigation program. (a) [Formerly 27-80-119 (2)] As
803		-	used in this section, "engaged client" means an individual who is interested
804		-	in and willing to engage in substance use disorder treatment and recovery
805		-	services or other treatment services either for the individual or an affected
806		-	family member or friend.
807		-	(b) [Formerly 27-80-119 (3)] Subject to available appropriations,
808		-	the BHA shall implement a care navigation program to assist engaged
809		-	clients in obtaining access to treatment for substance use disorders. At a
810		-	minimum, services available statewide must include independent screening
811		-	of the treatment needs of the engaged client using nationally recognized
812		-	screening criteria to determine the correct level of care; the identification
813		-	of licensed or accredited substance use disorder treatment options, including
814		-	social and medical detoxification services, medication-assisted treatment,
815		-	and inpatient and outpatient treatment programs; and the availability of
816		-	PAGE 21-HOUSE BILL 23-1236 various treatment options for the engaged client.
817		-	(c) [Formerly 27-80-119 (4)] To implement the care navigation
818		-	program, the BHA shall, include DIRECTLY OR THROUGH CONTRACT ,
819		-	PROVIDE care navigation services AND ALIGN THE CARE NAVIGATION
820		-	SERVICES WITH THE CARE COORDINATION INFRASTRUCTURE ESTABLISHED
821		-	PURSUANT TO THIS SECTION
822		-	. in the twenty-four-hour telephone crisis service
823		-	created pursuant to section 27-60-103. The contractor selected by the BHA
824		-	must provide care navigation services to engaged clients statewide. Care
825		-	navigation services must be available twenty-four hours a day and must be
826		-	accessible through various formats. The contractor shall coordinate services
827		-	in conjunction with other state care navigation and coordination services
828		-	and behavioral health response systems to ensure coordinated and integrated
829		-	service delivery. The use of peer support specialists is encouraged in the
830		-	coordination of services. The contractor shall assist the engaged client with
831		-	accessing treatment facilities, treatment programs, or treatment providers
832		-	and shall provide services to engaged clients regardless of the client's payer
833		-	source or whether the client is uninsured. Once the engaged client has
834		-	initiated treatment, the contractor is no longer responsible for care
835		-	navigation for that engaged client for that episode. Engaged clients who are
836		-	enrolled in the medical assistance program pursuant to articles 4, 5, and 6
837		-	of title 25.5 shall be provided with contact information for their managed
838		-	care entity. The contractor shall conduct ongoing outreach to inform
839		-	behavioral health providers, counties, county departments of human or
840		-	social services, jails, law enforcement personnel, health-care professionals,
841		-	and other interested persons about care navigation services.
842		-	(d) [Formerly 27-80-119 (7)] The state board of human services
843		-	may promulgate any rules necessary to implement the care navigation
844		-	program.
845		-	SECTION 35. In Colorado Revised Statutes, 27-64-104, amend (3)
846		-	as follows:
847		-	27-64-104. 988 crisis hotline cash fund - creation. (3) Subject to
848		-	annual appropriation by the general assembly MONEY IN THE FUND IS
849		-	CONTINUOUSLY APPROPRIATED
850		-	. The enterprise may expend money from the
851		-	fund for the purposes outlined in section 27-64-103 (4)(c) and (4)(d).
852		-	SECTION 36. In Colorado Revised Statutes, 27-65-106, amend as
853		-	PAGE 22-HOUSE BILL 23-1236 it will become effective July 1, 2023, (9)(a) introductory portion as
854		-	follows:
855		-	27-65-106. Emergency mental health hold - screening -
856		-	court-ordered evaluation - discharge instructions - respondent's rights.
857		-	(9) (a) On or before July 1, 2023 JULY 1, 2024, and each July 1 thereafter,
858		-	each emergency medical services facility that has evaluated a person
859		-	pursuant to this section shall provide an annual report to the BHA that
860		-	includes only disaggregated and nonidentifying information concerning
861		-	persons who were treated at an emergency medical services facility
862		-	pursuant to this section. The report must comply with section 24-1-136 (9)
863		-	and is exempt from section 24-1-136 (11)(a)(I). The report must contain the
864		-	following:
865		-	SECTION 37. In Colorado Revised Statutes, 27-65-107, amend
866		-	(3), (4)(a) introductory portion, and (4)(a)(V) as follows:
867		-	27-65-107. Emergency transportation - application - screening
868		-	- respondent's rights. (3) (a) Once the person is presented to an outpatient
869		-	mental health facility or facility designated by the commissioner, an
870		-	intervening professional shall screen the person immediately. If an
871		-	intervening professional is not immediately available, the person must be
872		-	screened within eight hours after the person's arrival at the facility to
873		-	determine if the person meets criteria for an emergency mental health hold
874		-	pursuant to section 27-65-106. Once the screening is completed and if the
875		-	person meets the criteria, the intervening professional shall first pursue
876		-	voluntary treatment and evaluation. If the person refuses or the intervening
877		-	professional has reasonable grounds to believe the person will not remain
878		-	voluntarily, the intervening professional may place the person under an
879		-	emergency mental health hold pursuant to section 27-65-106.
	838	+	AND8
	839	+	(e) D
	840	+	ATA ON THE UTILIZATION OF CARE NAVIGATION SERVICES9
	841	+	PURSUANT TO SUBSECTION (9) OF THIS SECTION IN ACCORDANCE WITH10
	842	+	STATE AND FEDERAL HEALTH -CARE PRIVACY LAWS.11
	843	+	(9) Care navigation program. (a) [Formerly 27-80-119 (2)] As12
	844	+	used in this section, "engaged client" means an individual who is13
	845	+	interested in and willing to engage in substance use disorder treatment14
	846	+	and recovery services or other treatment services either for the individual15
	847	+	or an affected family member or friend.16
	848	+	(b) [Formerly 27-80-119 (3)] Subject to available appropriations,17
	849	+	the BHA shall implement a care navigation program to assist engaged18
	850	+	clients in obtaining access to treatment for substance use disorders. At a19
	851	+	minimum, services available statewide must include independent20
	852	+	screening of the treatment needs of the engaged client using nationally21
	853	+	recognized screening criteria to determine the correct level of care; the22
	854	+	identification of licensed or accredited substance use disorder treatment23
	855	+	options, including social and medical detoxification services,24
	856	+	medication-assisted treatment, and inpatient and outpatient treatment25
	857	+	programs; and the availability of various treatment options for the26
	858	+	engaged client.27
	859	+	1236
	860	+	-28- (c) [Formerly 27-80-119 (4)] To implement the care navigation1
	861	+	program, the BHA shall, include DIRECTLY OR THROUGH CONTRACT ,2
	862	+	PROVIDE care navigation services AND ALIGN THE CARE NAVIGATION3
	863	+	SERVICES WITH THE CARE COORDINATION INFRASTRUCTURE ESTABLISHED4
	864	+	PURSUANT TO THIS SECTION. in the twenty-four-hour telephone crisis5
	865	+	service created pursuant to section 27-60-103. The contractor selected by6
	866	+	the BHA must provide care navigation services to engaged clients7
	867	+	statewide. Care navigation services must be available twenty-four hours8
	868	+	a day and must be accessible through various formats. The contractor9
	869	+	shall coordinate services in conjunction with other state care navigation10
	870	+	and coordination services and behavioral health response systems to11
	871	+	ensure coordinated and integrated service delivery. The use of peer12
	872	+	support specialists is encouraged in the coordination of services. The13
	873	+	contractor shall assist the engaged client with accessing treatment14
	874	+	facilities, treatment programs, or treatment providers and shall provide15
	875	+	services to engaged clients regardless of the client's payer source or16
	876	+	whether the client is uninsured. Once the engaged client has initiated17
	877	+	treatment, the contractor is no longer responsible for care navigation for18
	878	+	that engaged client for that episode. Engaged clients who are enrolled in19
	879	+	the medical assistance program pursuant to articles 4, 5, and 6 of title 25.520
	880	+	shall be provided with contact information for their managed care entity.21
	881	+	The contractor shall conduct ongoing outreach to inform behavioral22
	882	+	health providers, counties, county departments of human or social23
	883	+	services, jails, law enforcement personnel, health-care professionals, and24
	884	+	other interested persons about care navigation services.25
	885	+	(d) [Formerly 27-80-119 (7)] The state board of human services26
	886	+	may promulgate any rules necessary to implement the care navigation27
	887	+	1236
	888	+	-29- program.1
	889	+	SECTION 37. In Colorado Revised Statutes, 27-64-104, amend2
	890	+	(3) as follows:3
	891	+	27-64-104. 988 crisis hotline cash fund - creation. (3) Subject4
	892	+	to annual appropriation by the general assembly MONEY IN THE FUND IS5
	893	+	CONTINUOUSLY APPROPRIATED . The enterprise may expend money from6
	894	+	the fund for the purposes outlined in section 27-64-103 (4)(c) and (4)(d).7
	895	+	SECTION 38. In Colorado Revised Statutes, 27-65-106, amend8
	896	+	as it will become effective July 1, 2023, (9)(a) introductory portion as9
	897	+	follows:10
	898	+	27-65-106. Emergency mental health hold - screening -11
	899	+	court-ordered evaluation - discharge instructions - respondent's12
	900	+	rights. (9) (a) On or before July 1, 2023 JULY 1, 2024, and each July 113
	901	+	thereafter, each emergency medical services facility that has evaluated a14
	902	+	person pursuant to this section shall provide an annual report to the BHA15
	903	+	that includes only disaggregated and nonidentifying information16
	904	+	concerning persons who were treated at an emergency medical services17
	905	+	facility pursuant to this section. The report must comply with section18
	906	+	24-1-136 (9) and is exempt from section 24-1-136 (11)(a)(I). The report19
	907	+	must contain the following:20
	908	+	SECTION 39. In Colorado Revised Statutes, 27-65-107, amend21
	909	+	(3), (4)(a) introductory portion, and (4)(a)(V) as follows:22
	910	+	27-65-107. Emergency transportation - application - screening23
	911	+	- respondent's rights. (3) (a) Once the person is presented to an24
	912	+	outpatient mental health facility or facility designated by the25
	913	+	commissioner, an intervening professional shall screen the person26
	914	+	immediately. If an intervening professional is not immediately available,27
	915	+	1236
	916	+	-30- the person must be screened within eight hours after the person's arrival1
	917	+	at the facility to determine if the person meets criteria for an emergency2
	918	+	mental health hold pursuant to section 27-65-106. Once the screening is3
	919	+	completed and if the person meets the criteria, the intervening4
	920	+	professional shall first pursue voluntary treatment and evaluation. If the5
	921	+	person refuses or the intervening professional has reasonable grounds to6
	922	+	believe the person will not remain voluntarily, the intervening7
	923	+	professional may place the person under an emergency mental health hold8
	924	+	pursuant to section 27-65-106.9
880	925		(b) I
881	926		F A PERSON DETAINED PURSUANT TO THIS SECTION IS
882		-	TRANSPORTED TO AN EMERGENCY MEDICAL SERVICES FACILITY
883		-	, THE
884		-	INVOLUNTARY TRANSPORTATION HOLD EXPIRES UPON THE FACILITY
885		-	RECEIVING THE PERSON FOR SCREENING BY AN INTERVENING PROFESSIONAL
886		-	.
887		-	(4) (a) A person detained pursuant to this section at an outpatient
888		-	mental health facility or facility designated by the commissioner, has the
889		-	following rights while being detained, which must be explained to the
890		-	person before being transported to a receiving facility:
891		-	PAGE 23-HOUSE BILL 23-1236 (V) To have appropriate access to adequate water and food FOOD;
892		-	and to have the person's nutritional needs met in a manner that is consistent
893		-	with recognized dietary practices,
894		-	TO THE EXTENT REASONABLY POSSIBLE
895		-	AT THE RECEIVING FACILITY
896		-	;
897		-	SECTION 38. In Colorado Revised Statutes, 27-65-113, amend
898		-	(5)(a) and (5)(b) as follows:
899		-	27-65-113. Hearing procedures - jurisdiction. (5) (a) In the event
900		-	that a respondent or a person found not guilty by reason of impaired mental
901		-	condition pursuant to section 16-8-103.5 (5), or by reason of insanity
902		-	pursuant to section 16-8-105 (4) or 16-8-105.5, refuses to accept
903		-	medication, the court having jurisdiction of the action pursuant to
904		-	subsection (4) of this section, the court committing the person or defendant
905		-	to the custody of the BHA
906		-	DEPARTMENT pursuant to section 16-8-103.5 (5),
907		-	16-8-105 (4), or 16-8-105.5, or the court of the jurisdiction in which the
908		-	designated facility treating the respondent or person is located has
909		-	jurisdiction and venue to accept a petition by a treating physician and to
910		-	enter an order requiring that the respondent or person accept such treatment
911		-	or, in the alternative, that the medication be forcibly administered to the
912		-	respondent or person. The court of the jurisdiction in which the designated
913		-	facility is located shall not exercise its jurisdiction without the permission
914		-	of the court that committed the person to the custody of the BHA
915		-	DEPARTMENT. Upon the filing of such a petition, the court shall appoint an
916		-	attorney, if one has not been appointed, to represent the respondent or
917		-	person and hear the matter within ten days.
918		-	(b) In any case brought pursuant to subsection (5)(a) of this section
919		-	in a court for the county in which the treating facility is located, the county
920		-	where the proceeding was initiated pursuant to subsection (4) of this section
921		-	or the court committing the person to the custody of the BHA
922		-	DEPARTMENT
923		-	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
924		-	its own personnel and resources, including its own district or county
925		-	attorney, as the case may be.
926		-	SECTION 39. In Colorado Revised Statutes, 27-65-123, amend
927		-	(1)(a) as follows:
928		-	PAGE 24-HOUSE BILL 23-1236 27-65-123. Records. (1) Except as provided in subsection (2) of
929		-	this section, all information obtained and records prepared in the course of
930		-	providing any services to any person pursuant to any provision of this article
931		-	65 are confidential and privileged matter. The information and records may
932		-	be disclosed only:
933		-	(a) In communications between qualified professional
934		-	PROFESSIONALS, FACILITY personnel, OR STATE AGENCIES in the provision
935		-	of services or appropriate referrals;
936		-	SECTION 40. In Colorado Revised Statutes, 27-71-104, amend (3)
937		-	as follows:
938		-	27-71-104. Mental health residential facilities - initial license
939		-	requirements - repeal. (3) On and after July 1, 2023 OCTOBER 1, 2023, the
940		-	behavioral health administration is responsible for licensing mental health
941		-	home- and community-based waiver
942		-	residential facilities.
943		-	SECTION 41. In Colorado Revised Statutes, 27-80-102, amend (1)
944		-	introductory portion and (2) as follows:
945		-	27-80-102. Duties of the behavioral health administration.
946		-	(1) The office of behavioral health ADMINISTRATION is a type 2 entity, as
947		-	defined in section 24-1-105, and is responsible for the powers, duties, and
948		-	functions relating to the alcohol and drug driving safety program specified
949		-	in section 42-4-1301.3. The office of
950		-	behavioral health ADMINISTRATION
951		-	shall formulate a comprehensive state plan for substance use disorder treatment programs. The office of
952		-	behavioral health ADMINISTRATION shall
953		-	submit the state plan to the governor and, upon the governor's approval,
954		-	submit it to the appropriate United States agency for review and approval.
955		-	The state plan must include, but not be limited to:
956		-	(2) The department, acting by and through the office of
957		-	behavioral
	927	+	10
	928	+	TRANSPORTED TO AN EMERGENCY MEDICAL SERVICES FACILITY , THE11
	929	+	INVOLUNTARY TRANSPORTATION HOLD EXPIRES UPON THE FACILITY12
	930	+	RECEIVING THE PERSON FOR SCREENING BY AN INTERVENING13
	931	+	PROFESSIONAL.14
	932	+	(4) (a) A person detained pursuant to this section at an outpatient15
	933	+	mental health facility or facility designated by the commissioner, has the16
	934	+	following rights while being detained, which must be explained to the17
	935	+	person before being transported to a receiving facility:18
	936	+	(V) To have appropriate access to adequate water and food FOOD;19
	937	+	and to have the person's nutritional needs met in a manner that is20
	938	+	consistent with recognized dietary practices, TO THE EXTENT REASONABLY21
	939	+	POSSIBLE AT THE RECEIVING FACILITY;22
	940	+	SECTION 40. In Colorado Revised Statutes, 27-65-113, amend23
	941	+	(5)(a) and (5)(b) as follows:24
	942	+	27-65-113. Hearing procedures - jurisdiction. (5) (a) In the25
	943	+	event that a respondent or a person found not guilty by reason of impaired26
	944	+	mental condition pursuant to section 16-8-103.5 (5), or by reason of27
	945	+	1236
	946	+	-31- insanity pursuant to section 16-8-105 (4) or 16-8-105.5, refuses to accept1
	947	+	medication, the court having jurisdiction of the action pursuant to2
	948	+	subsection (4) of this section, the court committing the person or3
	949	+	defendant to the custody of the BHA DEPARTMENT pursuant to section4
	950	+	16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, or the court of the5
	951	+	jurisdiction in which the designated facility treating the respondent or6
	952	+	person is located has jurisdiction and venue to accept a petition by a7
	953	+	treating physician and to enter an order requiring that the respondent or8
	954	+	person accept such treatment or, in the alternative, that the medication be9
	955	+	forcibly administered to the respondent or person. The court of the10
	956	+	jurisdiction in which the designated facility is located shall not exercise11
	957	+	its jurisdiction without the permission of the court that committed the12
	958	+	person to the custody of the BHA DEPARTMENT. Upon the filing of such13
	959	+	a petition, the court shall appoint an attorney, if one has not been14
	960	+	appointed, to represent the respondent or person and hear the matter15
	961	+	within ten days.16
	962	+	(b) In any case brought pursuant to subsection (5)(a) of this17
	963	+	section in a court for the county in which the treating facility is located,18
	964	+	the county where the proceeding was initiated pursuant to subsection (4)19
	965	+	of this section or the court committing the person to the custody of the20
	966	+	BHA DEPARTMENT pursuant to section 16-8-103.5 (5), 16-8-105 (4), or21
	967	+	16-8-105.5, shall either reimburse the county in which the proceeding22
	968	+	pursuant to this subsection (5) was filed and in which the proceeding was23
	969	+	held for the reasonable costs incurred in conducting the proceeding or24
	970	+	conduct the proceeding itself using its own personnel and resources,25
	971	+	including its own district or county attorney, as the case may be.26
	972	+	SECTION 41. In Colorado Revised Statutes, 27-65-123, amend27
	973	+	1236
	974	+	-32- (1)(a) as follows:1
	975	+	27-65-123. Records. (1) Except as provided in subsection (2) of2
	976	+	this section, all information obtained and records prepared in the course3
	977	+	of providing any services to any person pursuant to any provision of this4
	978	+	article 65 are confidential and privileged matter. The information and5
	979	+	records may be disclosed only:6
	980	+	(a) In communications between qualified professional7
	981	+	PROFESSIONALS, FACILITY personnel, OR STATE AGENCIES in the provision8
	982	+	of services or appropriate referrals;9
	983	+	SECTION 42. In Colorado Revised Statutes, 27-71-104, amend10
	984	+	(3) as follows:11
	985	+	27-71-104. Mental health residential facilities - initial license12
	986	+	requirements - repeal. (3) On and after July 1, 2023 OCTOBER 1, 2023,13
	987	+	the behavioral health administration is responsible for licensing mental14
	988	+	health home- and community-based waiver residential facilities.15
	989	+	SECTION 43. In Colorado Revised Statutes, 27-80-102, amend16
	990	+	(1) introductory portion and (2) as follows:17
	991	+	27-80-102. Duties of the behavioral health administration.18
	992	+	(1) The office of behavioral health ADMINISTRATION is a type 2 entity,19
	993	+	as defined in section 24-1-105, and is responsible for the powers, duties,20
	994	+	and functions relating to the alcohol and drug driving safety program21
	995	+	specified in section 42-4-1301.3. The office of behavioral health22
	996	+	ADMINISTRATION shall formulate a comprehensive state plan for23
	997	+	substance use disorder treatment programs. The office of behavioral24
958	998		health
959		-	ADMINISTRATION, is designated as the sole state agency for the
960		-	supervision of the administration of the state plan.
961		-	SECTION 42. In Colorado Revised Statutes, 27-80-107, amend
962		-	(1), (2) introductory portion, (2)(b), (2)(d), (2.5)(a) introductory portion,
963		-	(2.5)(a)(II), (3), (4), (5), and (7) as follows:
964		-	PAGE 25-HOUSE BILL 23-1236 27-80-107. Designation of managed service organizations -
965		-	purchase of services - revocation of designation. (1) The director of the
966		-	office of behavioral health ADMINISTRATION shall establish designated
967		-	service areas to provide substance use disorder treatment and recovery
968		-	services in a particular geographical region of the state.
969		-	(2) To be selected as a designated managed service organization to
970		-	provide services in a particular designated service area, a private
971		-	corporation; for profit or not for profit; or a public agency, organization, or
972		-	institution shall apply to the office of
973		-	behavioral health ADMINISTRATION for
974		-	a designation in the form and manner specified by the executive director or
975		-	the executive director's COMMISSIONER OR THE COMMISSIONER 'S designee.
976		-	The designation process is in lieu of a competitive bid process pursuant to
977		-	the "Procurement Code", articles 101 to 112 of title 24. The director of the
978		-	office of behavioral health COMMISSIONER OR THE COMMISSIONER 'S
979		-	DESIGNEE
980		-	shall make the designation based on factors established by the
981		-	executive director or the executive director's
982		-	COMMISSIONER OR THE
983		-	COMMISSIONER
984		-	'S designee. The factors for designation established by the
985		-	executive director or the executive director's designee include the
986		-	following:
987		-	(b) Whether the managed service organization has experience
988		-	working with publicly funded clients, including expertise in treating priority
989		-	populations designated by the office of
990		-	behavioral health ADMINISTRATION;
991		-	(d) Whether the managed service organization has experience using
992		-	the cost-share principles used by the office of behavioral health
993		-	ADMINISTRATION in its contracts with providers and is willing to cost-share;
994		-	(2.5) (a) On or before January 1, 2023, in order to promote
995		-	transparency and accountability, the office of behavioral health
996		-	ADMINISTRATION shall require each managed service organization that has
997		-	twenty-five percent or more ownership by providers of behavioral health
998		-	services to comply with the following conflict of interest policies:
999		-	(II) The office of
1000		-	behavioral health ADMINISTRATION shall quarterly
1001		-	review a managed service organization's funding allocation to ensure that
1002		-	all providers are being equally considered for funding. The office of
1003		-	behavioral health ADMINISTRATION is authorized to review any other
1004		-	pertinent information to ensure the managed service organization is meeting
1005		-	PAGE 26-HOUSE BILL 23-1236 state and federal rules and regulations and is not inappropriately giving
1006		-	preference to providers with ownership or board membership.
1007		-	(3) The designation of a managed service organization by the
1008		-	director of the office of behavioral health COMMISSIONER, as described in
1009		-	subsection (2) of this section, is an initial decision of the department which
1010		-	THAT may be reviewed by the executive director in accordance with the
1011		-	provisions of section 24-4-105. Review by the executive director in
1012		-	accordance with section 24-4-105 constitutes final agency action for
1013		-	purposes of judicial review.
1014		-	(4) (a) The terms and conditions for providing substance use
1015		-	disorder treatment and recovery services must be specified in the contract
1016		-	entered into between the office of
1017		-	behavioral health ADMINISTRATION and
1018		-	the designated managed service organization. Contracts entered into
1019		-	between the office of
1020		-	behavioral health ADMINISTRATION and the designated
1021		-	managed service organization must include terms and conditions prohibiting
1022		-	a designated managed service organization contracted treatment provider
1023		-	from denying or prohibiting access to medication-assisted treatment, as
1024		-	defined in section 23-21-803, for a substance use disorder.
1025		-	(b) Contracts entered into between the office of
1026		-	behavioral health
1027		-	ADMINISTRATION and the designated managed service organization must
1028		-	include terms and conditions that outline the expectations for the designated
1029		-	managed service organization to invest in the state's recovery services
1030		-	infrastructure, which include peer-run recovery support services and
1031		-	specialized services for underserved populations. Investments are based on
1032		-	available appropriations.
1033		-	(5) The contract may include a provisional designation for ninety
1034		-	days. At the conclusion of the ninety-day provisional period, the director of
1035		-	the office of behavioral health COMMISSIONER may choose to revoke the
1036		-	contract or, subject to meeting the terms and conditions specified in the
1037		-	contract, may choose to extend the contract for a stated time period.
1038		-	(7) (a) The director of the office of behavioral health
1039		-	COMMISSIONER
1040		-	may revoke the designation of a designated managed service organization
1041		-	upon finding that the managed service organization is in violation of the
1042		-	performance of the provisions of or rules promulgated pursuant to this
1043		-	article 80. The revocation must conform to the provisions and procedures
1044		-	PAGE 27-HOUSE BILL 23-1236 specified in article 4 of title 24, and occur only after notice and an
1045		-	opportunity for a hearing is provided as specified in article 4 of title 24. A
1046		-	hearing to revoke a designation as a designated managed service
1047		-	organization constitutes final agency action for purposes of judicial review.
1048		-	(b) Once a designation has been revoked pursuant to subsection
1049		-	(7)(a) of this section, the director of the office of behavioral health
1050		-	COMMISSIONER may designate one or more service providers to provide the
1051		-	treatment services pending designation of a new designated managed
1052		-	service organization or may enter into contracts with subcontractors to
1053		-	provide the treatment services.
1054		-	(c) From time to time, the director of the office of behavioral health
1055		-	COMMISSIONER may solicit applications from applicants for managed
1056		-	service organization designation to provide substance use disorder treatment
1057		-	and recovery services for a specified planning area or areas.
1058		-	SECTION 43. In Colorado Revised Statutes, 27-80-108, amend
1059		-	(1)(c) and (1)(d) as follows:
1060		-	27-80-108. Rules. (1) The state board of human services, created
1061		-	in section 26-1-107, has the power to promulgate rules governing the
1062		-	provisions of this article 80. The rules may include, but are not limited to:
1063		-	(c) Requirements for public and private agencies, organizations, and
1064		-	institutions from which the office of
1065		-	behavioral health ADMINISTRATION
1066		-	may purchase services pursuant to section 27-80-106 (1), which requirements must include prohibiting the purchase of services from entities
1067		-	that deny or prohibit access to medical services or substance use disorder
1068		-	treatment and services to persons who are participating in prescribed
1069		-	medication-assisted treatment, as defined in section 23-21-803, for a
1070		-	substance use disorder;
1071		-	(d) Requirements for managed service organizations that are
1072		-	designated by the director of the office of behavioral health
1073		-	COMMISSIONER
1074		-	to provide services in a designated service area pursuant to section 27-80-106 (2);
1075		-	SECTION 44. In Colorado Revised Statutes, 27-80-303, amend
1076		-	(1)(b) introductory portion and (5) as follows:
1077		-	PAGE 28-HOUSE BILL 23-1236 27-80-303. Office of ombudsman for behavioral health access to
1078		-	care - creation - appointment of ombudsman - duties. (1) (b) The office
1079		-	of behavioral health in the department and the BHA shall offer the office
1080		-	limited support with respect to:
1081		-	(5) In the performance of the ombudsman's duties, the ombudsman
1082		-	shall act independently of the office of behavioral health in the department
1083		-	and the BHA. Any recommendations made or positions taken by the
1084		-	ombudsman do not reflect those of the department, the office of behavioral
1085		-	health, DEPARTMENT or the BHA.
1086		-	SECTION 45. In Session Laws of Colorado 2022, section 263 of
1087		-	chapter 222, amend (1)(b) as follows:
1088		-	Section 263. Effective date. (1) (b) Section 212 takes effect July
	999	+	ADMINISTRATION shall submit the state plan to the governor and,25
	1000	+	upon the governor's approval, submit it to the appropriate United States26
	1001	+	agency for review and approval. The state plan must include, but not be27
	1002	+	1236
	1003	+	-33- limited to:1
	1004	+	(2) The department, acting by and through the office of behavioral2
	1005	+	health
	1006	+	ADMINISTRATION, is designated as the sole state agency for the3
	1007	+	supervision of the administration of the state plan.4
	1008	+	SECTION 44.
	1009	+	In Colorado Revised Statutes, 27-80-107, amend5
	1010	+	(1), (2) introductory portion, (2)(b), (2)(d), (2.5)(a) introductory portion,6
	1011	+	(2.5)(a)(II), (3), (4), (5), and (7) as follows:7
	1012	+	27-80-107. Designation of managed service organizations -8
	1013	+	purchase of services - revocation of designation. (1) The director of9
	1014	+	the office of behavioral health ADMINISTRATION shall establish designated10
	1015	+	service areas to provide substance use disorder treatment and recovery11
	1016	+	services in a particular geographical region of the state.12
	1017	+	(2) To be selected as a designated managed service organization13
	1018	+	to provide services in a particular designated service area, a private14
	1019	+	corporation; for profit or not for profit; or a public agency, organization,15
	1020	+	or institution shall apply to the office of behavioral health16
	1021	+	ADMINISTRATION for a designation in the form and manner specified by17
	1022	+	the executive director or the executive director's COMMISSIONER OR THE18
	1023	+	COMMISSIONER'S designee. The designation process is in lieu of a19
	1024	+	competitive bid process pursuant to the "Procurement Code", articles 10120
	1025	+	to 112 of title 24. The director of the office of behavioral health21
	1026	+	COMMISSIONER OR THE COMMISSIONER 'S DESIGNEE shall make the22
	1027	+	designation based on factors established by the executive director or the23
	1028	+	executive director's COMMISSIONER OR THE COMMISSIONER 'S designee.24
	1029	+	The factors for designation established by the executive director or the25
	1030	+	executive director's designee include the following:26
	1031	+	(b) Whether the managed service organization has experience27
	1032	+	1236
	1033	+	-34- working with publicly funded clients, including expertise in treating1
	1034	+	priority populations designated by the office of behavioral health2
	1035	+	ADMINISTRATION;3
	1036	+	(d) Whether the managed service organization has experience4
	1037	+	using the cost-share principles used by the office of behavioral health5
	1038	+	ADMINISTRATION in its contracts with providers and is willing to6
	1039	+	cost-share;7
	1040	+	(2.5) (a) On or before January 1, 2023, in order to promote8
	1041	+	transparency and accountability, the office of behavioral health9
	1042	+	ADMINISTRATION shall require each managed service organization that has10
	1043	+	twenty-five percent or more ownership by providers of behavioral health11
	1044	+	services to comply with the following conflict of interest policies:12
	1045	+	(II) The office of behavioral health ADMINISTRATION shall13
	1046	+	quarterly review a managed service organization's funding allocation to14
	1047	+	ensure that all providers are being equally considered for funding. The15
	1048	+	office of behavioral health ADMINISTRATION is authorized to review any16
	1049	+	other pertinent information to ensure the managed service organization17
	1050	+	is meeting state and federal rules and regulations and is not18
	1051	+	inappropriately giving preference to providers with ownership or board19
	1052	+	membership.20
	1053	+	(3) The designation of a managed service organization by the21
	1054	+	director of the office of behavioral health COMMISSIONER, as described in22
	1055	+	subsection (2) of this section, is an initial decision of the department23
	1056	+	which THAT may be reviewed by the executive director in accordance24
	1057	+	with the provisions of section 24-4-105. Review by the executive director25
	1058	+	in accordance with section 24-4-105 constitutes final agency action for26
	1059	+	purposes of judicial review.27
	1060	+	1236
	1061	+	-35- (4) (a) The terms and conditions for providing substance use1
	1062	+	disorder treatment and recovery services must be specified in the contract2
	1063	+	entered into between the office of behavioral health ADMINISTRATION and3
	1064	+	the designated managed service organization. Contracts entered into4
	1065	+	between the office of behavioral health ADMINISTRATION and the5
	1066	+	designated managed service organization must include terms and6
	1067	+	conditions prohibiting a designated managed service organization7
	1068	+	contracted treatment provider from denying or prohibiting access to8
	1069	+	medication-assisted treatment, as defined in section 23-21-803, for a9
	1070	+	substance use disorder.10
	1071	+	(b) Contracts entered into between the office of behavioral health11
	1072	+	ADMINISTRATION and the designated managed service organization must12
	1073	+	include terms and conditions that outline the expectations for the13
	1074	+	designated managed service organization to invest in the state's recovery14
	1075	+	services infrastructure, which include peer-run recovery support services15
	1076	+	and specialized services for underserved populations. Investments are16
	1077	+	based on available appropriations.17
	1078	+	(5) The contract may include a provisional designation for ninety18
	1079	+	days. At the conclusion of the ninety-day provisional period, the director19
	1080	+	of the office of behavioral health COMMISSIONER may choose to revoke20
	1081	+	the contract or, subject to meeting the terms and conditions specified in21
	1082	+	the contract, may choose to extend the contract for a stated time period.22
	1083	+	(7) (a) The director of the office of behavioral health23
	1084	+	COMMISSIONER may revoke the designation of a designated managed24
	1085	+	service organization upon finding that the managed service organization25
	1086	+	is in violation of the performance of the provisions of or rules26
	1087	+	promulgated pursuant to this article 80. The revocation must conform to27
	1088	+	1236
	1089	+	-36- the provisions and procedures specified in article 4 of title 24, and occur1
	1090	+	only after notice and an opportunity for a hearing is provided as specified2
	1091	+	in article 4 of title 24. A hearing to revoke a designation as a designated3
	1092	+	managed service organization constitutes final agency action for purposes4
	1093	+	of judicial review.5
	1094	+	(b) Once a designation has been revoked pursuant to subsection6
	1095	+	(7)(a) of this section, the director of the office of behavioral health7
	1096	+	COMMISSIONER may designate one or more service providers to provide8
	1097	+	the treatment services pending designation of a new designated managed9
	1098	+	service organization or may enter into contracts with subcontractors to10
	1099	+	provide the treatment services.11
	1100	+	(c) From time to time, the director of the office of behavioral12
	1101	+	health COMMISSIONER may solicit applications from applicants for13
	1102	+	managed service organization designation to provide substance use14
	1103	+	disorder treatment and recovery services for a specified planning area or15
	1104	+	areas.16
	1105	+	SECTION 45. In Colorado Revised Statutes, 27-80-108, amend17
	1106	+	(1)(c) and (1)(d) as follows:18
	1107	+	27-80-108. Rules. (1) The state board of human services, created19
	1108	+	in section 26-1-107, has the power to promulgate rules governing the20
	1109	+	provisions of this article 80. The rules may include, but are not limited to:21
	1110	+	(c) Requirements for public and private agencies, organizations,22
	1111	+	and institutions from which the office of behavioral health23
	1112	+	ADMINISTRATION may purchase services pursuant to section 27-80-10624
	1113	+	(1), which requirements must include prohibiting the purchase of services25
	1114	+	from entities that deny or prohibit access to medical services or substance26
	1115	+	use disorder treatment and services to persons who are participating in27
	1116	+	1236
	1117	+	-37- prescribed medication-assisted treatment, as defined in section 23-21-803,1
	1118	+	for a substance use disorder;2
	1119	+	(d) Requirements for managed service organizations that are3
	1120	+	designated by the director of the office of behavioral health4
	1121	+	COMMISSIONER to provide services in a designated service area pursuant5
	1122	+	to section 27-80-106 (2);6
	1123	+	SECTION 46. In Colorado Revised Statutes, 27-80-303, amend7
	1124	+	(1)(b) introductory portion and (5) as follows:8
	1125	+	27-80-303. Office of ombudsman for behavioral health access9
	1126	+	to care - creation - appointment of ombudsman - duties. (1) (b) The10
	1127	+	office of behavioral health in the department and the BHA shall offer the11
	1128	+	office limited support with respect to:12
	1129	+	(5) In the performance of the ombudsman's duties, the13
	1130	+	ombudsman shall act independently of the office of behavioral health in14
	1131	+	the department and the BHA. Any recommendations made or positions15
	1132	+	taken by the ombudsman do not reflect those of the department, the office16
	1133	+	of behavioral health, DEPARTMENT or the BHA.17
	1134	+	SECTION 47. In Colorado Revised Statutes, recreate and18
	1135	+	reenact, with amendments, 25-27.6-104 as follows: 19
	1136	+	25-27.6-104. License required - criminal and civil penalties -20
	1137	+	repeal. (1) O
	1138	+	N OR AFTER JULY 1, 2024, IT IS UNLAWFUL FOR ANY PERSON,
	1139	+	21
	1140	+	PARTNERSHIP, ASSOCIATION, OR CORPORATION TO CONDUCT OR MAINTAIN22
	1141	+	A BEHAVIORAL HEALTH ENTITY, INCLUDING A SUBSTANCE USE DISORDER23
	1142	+	PROGRAM OR ALCOHOL USE DISORDER PROGRAM , WITHOUT HAVING24
	1143	+	OBTAINED A LICENSE FROM THE DEPARTMENT .25
	1144	+	(2) T
	1145	+	HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2023.
	1146	+	26
	1147	+	SECTION 48. In Session Laws of Colorado 2022, section 263 of27
	1148	+	1236
	1149	+	-38- chapter 222, amend (1)(b) as follows:1
	1150	+	Section 263. Effective date. (1) (b) Section 212 takes effect July2
1089	1151		1, 2023, and sections 215 through 240 take effect July 1, 2024;
1090	1152		EXCEPT
1091		-	THAT SECTION
1092		-	25-1.5-103 (1)(a)(I)(A), AS ENACTED IN SECTION 226 OF THIS
1093		-	ACT
1094		-	, AND SECTION 228 OF THIS ACT TAKE EFFECT JANUARY 1, 2025.
1095		-	SECTION 46. In Session Laws of Colorado 2022, amend section
1096		-	58 of chapter 451 as follows:
1097		-	Section 58. Act subject to petition - effective date. Sections 2 and
1098		-	5 of this act take effect July 1, 2023
1099		-	JANUARY 1, 2024, sections 27-65-108
1100		-	and 27-65-111, as enacted in section 1 of this act, and sections 3 and 4 of
1101		-	this act take effect July 1, 2024, and the remainder of this act takes effect
1102		-	at 12:01 a.m. on the day following the expiration of the ninety-day period
1103		-	after final adjournment of the general assembly; except that, if a referendum
1104		-	petition is filed pursuant to section 1 (3) of article V of the state constitution
1105		-	against this act or an item, section, or part of this act within such period,
1106		-	then the act, item, section, or part will not take effect unless approved by the
1107		-	people at the general election to be held in November 2022 and, in such
1108		-	case, will take effect on the date of the official declaration of the vote
1109		-	thereon by the governor; except that sections 2 and 5 of this act take effect
1110		-	July 1, 2023
1111		-	JANUARY 1, 2024, sections 27-65-108 and 27-65-111, as
1112		-	enacted in section 1 of this act, and sections 3 and 4 of this act take effect
1113		-	July 1, 2024.
1114		-	SECTION 47. Repeal of relocated and nonrelocated provisions
1115		-	in this act. In Colorado Revised Statutes, repeal 27-80-119; except that (1),
1116		-	PAGE 29-HOUSE BILL 23-1236 (5), (6), and (8) are not relocated.
1117		-	SECTION 48. Appropriation - adjustments to 2023 long bill.
1118		-	(1) To implement this act, appropriations made in the annual general
1119		-	appropriation act for the 2023-24 state fiscal year to the department of
1120		-	human services are adjusted as follows:
1121		-	(a) The general fund appropriation for use by the behavioral health
1122		-	administration for jail-based behavioral health services is decreased by
1123		-	$2,250,400; and
1124		-	(b) The general fund appropriation for use by the office of
1125		-	behavioral health for the jail-based competency restoration program is
1126		-	increased by $2,250,400.
1127		-	SECTION 49. Safety clause. The general assembly hereby finds,
1128		-	PAGE 30-HOUSE BILL 23-1236 determines, and declares that this act is necessary for the immediate
1129		-	preservation of the public peace, health, or safety.
1130		-	____________________________ ____________________________
1131		-	Julie McCluskie Steve Fenberg
1132		-	SPEAKER OF THE HOUSE PRESIDENT OF
1133		-	OF REPRESENTATIVES THE SENATE
1134		-	____________________________ ____________________________
1135		-	Robin Jones Cindi L. Markwell
1136		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
1137		-	OF REPRESENTATIVES THE SENATE
1138		-	APPROVED________________________________________
1139		-	(Date and Time)
1140		-	_________________________________________
1141		-	Jared S. Polis
1142		-	GOVERNOR OF THE STATE OF COLORADO
1143		-	PAGE 31-HOUSE BILL 23-1236
	1153	+	3
	1154	+	THAT SECTION 25-1.5-103 (1)(a)(I)(A), AS ENACTED IN SECTION 226 OF4
	1155	+	THIS ACT, AND SECTION 228 OF THIS ACT TAKE EFFECT JANUARY 1, 2025.5
	1156	+	SECTION 49. In Session Laws of Colorado 2022, amend section6
	1157	+	58 of chapter 451 as follows:7
	1158	+	Section 58. Act subject to petition - effective date. Sections 28
	1159	+	and 5 of this act take effect July 1, 2023 JANUARY 1, 2024, sections9
	1160	+	27-65-108 and 27-65-111, as enacted in section 1 of this act, and sections10
	1161	+	3 and 4 of this act take effect July 1, 2024, and the remainder of this act11
	1162	+	takes effect at 12:01 a.m. on the day following the expiration of the12
	1163	+	ninety-day period after final adjournment of the general assembly; except13
	1164	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V14
	1165	+	of the state constitution against this act or an item, section, or part of this15
	1166	+	act within such period, then the act, item, section, or part will not take16
	1167	+	effect unless approved by the people at the general election to be held in17
	1168	+	November 2022 and, in such case, will take effect on the date of the18
	1169	+	official declaration of the vote thereon by the governor; except that19
	1170	+	sections 2 and 5 of this act take effect July 1, 2023 JANUARY 1, 2024,20
	1171	+	sections 27-65-108 and 27-65-111, as enacted in section 1 of this act, and21
	1172	+	sections 3 and 4 of this act take effect July 1, 2024.22
	1173	+	SECTION 50. Repeal of relocated and nonrelocated23
	1174	+	provisions in this act. In Colorado Revised Statutes, repeal 27-80-119;24
	1175	+	except that (1), (5), (6), and (8) are not relocated.25
	1176	+	SECTION 51. Appropriation - adjustments to 2023 long26
	1177	+	bill. (1) To implement this act, appropriations made in the annual general27
	1178	+	1236
	1179	+	-39- appropriation act for the 2023-24 state fiscal year to the department of1
	1180	+	human services are adjusted as follows:2
	1181	+	(a) The general fund appropriation for use by the behavioral3
	1182	+	health administration for jail-based behavioral health services is4
	1183	+	decreased by $2,250,400; and5
	1184	+	(b) The general fund appropriation for use by the office of6
	1185	+	behavioral health for the jail-based competency restoration program is7
	1186	+	increased by $2,250,400.8
	1187	+	SECTION 52. Safety clause. The general assembly hereby finds,9
	1188	+	determines, and declares that this act is necessary for the immediate10
	1189	+	preservation of the public peace, health, or safety.11
	1190	+	1236
	1191	+	-40-