Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
BILLPAPER
INTRODUCED
LLS NO. 24-0314.01 Shelby Ross x4510
HOUSE BILL 24-1045
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING TREATMENT FOR SUBSTANCE USE DISORDERS .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Opioid and Other Substance Use Disorders Study Committee.
Section 1 prohibits a carrier that provides coverage under a health benefit
plan for a drug used to treat a substance use disorder from requiring prior
authorization for the drug based solely on the dosage amount.
Section 2 requires an insurance carrier and the medical assistance
program to reimburse a licensed pharmacist prescribing or administering
medication-assisted treatment (MAT) pursuant to a collaborative
pharmacy practice agreement (collaborative agreement) at a rate equal to
HOUSE SPONSORSHIP
Armagost and deGruy Kennedy, Young
SENATE SPONSORSHIP
Mullica and Will, Jaquez Lewis, Priola
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. the reimbursement rate for other providers. Section 7 amends the practice
of pharmacy to include exercising prescriptive authority for any
FDA-approved product or medication for opioid use disorder in
accordance with federal law, if authorized through a collaborative
agreement. Section 8 requires the state board of pharmacy, the Colorado
medical board, and the state board of nursing to develop a protocol for
pharmacists to prescribe, dispense, and administer medication-assisted
treatment. Section 23 requires the medical assistance program to
reimburse a pharmacist prescribing or administering medications for
opioid use disorder pursuant to a collaborative agreement at a rate equal
to the reimbursement rate for other providers.
Section 3 requires the commissioner of insurance to:
! Review the network adequacy rules promulgated by the
commissioner and the division of insurance to ensure that
the rules are sufficient to require each carrier to maintain an
adequate number of substance use disorder treatment
providers in underserved areas and to maintain an adequate
number of behavioral health-care providers in all
communities; and
! Report the rule review findings to the opioid and other
substance use disorders study committee, including any
recommended rule changes.
Sections 4, 5, 6, and 25 authorize licensed clinical social workers
and licensed professional counselors (professionals) within their scope of
practice to provide clinical supervision to individuals seeking certification
as addiction technicians and addiction specialists, and direct the state
board of addiction counselors and the state board of human services, as
applicable, to adopt rules relating to clinical supervision by these
professionals.
Section 9 and 10 establish the behavioral health diversion pilot
program (pilot program) to award grants to at least 2, but not more than
5, district attorneys to divert from the criminal justice system persons who
have a behavioral health disorder, including a substance use disorder, that
requires early recovery services and treatment that is reasonably expected
to deter future criminal behavior.
Sections 11 through 16 expand the medication-assisted treatment
expansion pilot program to include grants to provide training and ongoing
support to pharmacies and pharmacists who are authorized to prescribe,
dispense, and administer MAT pursuant to a collaborative agreement and
protocol to assist individuals with a substance use disorder.
Section 17 requires the department of health care policy and
financing (HCPF) to seek federal authorization to provide screening for
physical and behavioral health needs, brief intervention, administration
of medication-assisted treatment, physical and psychiatric prescription
medications provided upon release from jail, case management, and care
HB24-1045
-2- coordination services through the medical assistance program to persons
up to 90 days prior to release from jail, a juvenile institutional facility, or
a department of corrections facility.
Section 18 adds substance use disorder treatment to the list of
health-care or mental health-care services that are required to be
reimbursed at the same rate for telemedicine as a comparable in-person
service.
Section 19 requires HCPF to seek federal authorization to provide
partial hospitalization for substance use disorder treatment with full
federal financial participation.
Section 20 requires each managed care entity (MCE) that provides
prescription drug benefits or methadone administration for the treatment
of substance use disorders to:
! Set the reimbursement rate for take-home methadone
treatment and office-administered methadone treatment at
the same rate; and
! Not impose any prior authorization requirements on any
prescription medication approved by the FDA for the
treatment of substance use disorders, regardless of the
dosage amount.
Section 21 requires the behavioral health administration to collect
data from each withdrawal management facility on the total number of
individuals who were denied admittance or treatment for withdrawal
management and the reason for the denial and review and approve any
admission criteria established by a withdrawal management facility.
Section 22 requires each MCE to disclose the aggregated average
and lowest rates of reimbursement for a set of behavioral health services
determined by HCPF.
For the 2024-25 state fiscal year and each state fiscal year
thereafter, section 24 appropriates $150,000 from the general fund to the
Colorado child abuse prevention trust fund (trust fund) for programs to
reduce the occurrence of prenatal substance exposure. For the 2024-25
and 2025-26 state fiscal years, section 24 also annually appropriates
$50,000 from the general fund to the trust fund to convene a stakeholder
group to identify strategies to increase access to child care for families
seeking substance use disorder treatment and recovery services.
Section 26 requires the behavioral health administration (BHA) to
contract with an independent third-party entity to provide services and
supports to behavioral health providers seeking to become a behavioral
health safety net provider with the goal of the provider becoming
self-sustaining.
Section 27 creates the contingency management grant program in
the BHA to provide grants to substance use disorder treatment programs
that implement a contingency management program for individuals with
a stimulant use disorder.
HB24-1045
-3- Section 28 requires a county jail seeking to provide services to
incarcerated medicaid members to apply for a correctional services
provider license from the BHA.
Section 29 requires the BHA, in collaboration with HCPF, to
convene a working group to study and identify barriers to opening and
operating an opioid treatment program, including satellite medication
units and mobile methadone clinics.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 10-16-124.6 as2
follows:3
10-16-124.6. Drugs used for substance use disorder - prior4
authorization prohibited. A
CARRIER THAT PROVIDES COVERAGE UNDER5
A HEALTH BENEFIT PLAN FOR A DRUG USED TO TREAT A SUBSTANCE USE6
DISORDER SHALL NOT REQUIRE PRIOR AUTHORIZATION , AS DEFINED IN7
SECTION 10-16-112.5 (7)(d), FOR THE DRUG BASED SOLELY ON THE8
DOSAGE AMOUNT.9
SECTION 2. In Colorado Revised Statutes, 10-16-148, add (1.3)10
as follows:11
10-16-148. Medication-assisted treatment - limitations on12
carriers - rules. (1.3) A
CARRIER THAT PROVIDES PRESCRIPTION DRUG13
BENEFITS FOR THE TREATMENT OF A SUBSTANCE USE DISORDER SHALL14
REIMBURSE A PARTICIPATING PROVIDER WHO IS A LICENSED PHARMACIST15
AUTHORIZED PURSUANT TO PART 6 OF ARTICLE 280 OF TITLE 12 TO16
PRESCRIBE OR ADMINISTER MEDICATION -ASSISTED TREATMENT AT A RATE17
EQUAL TO THE REIMBURSEMENT PROVIDED TO A PHYSICIAN , PHYSICIAN18
ASSISTANT, OR ADVANCED PRACTICE REGISTERED NURSE FOR THE SAME19
SERVICES.20
SECTION 3. In Colorado Revised Statutes, 10-16-704, add (1.7)21
as follows:22
HB24-1045-4- 10-16-704. Network adequacy - required disclosures - balance1
billing - rules - legislative declaration - definitions. (1.7) (a) O
N OR2
BEFORE AUGUST 1, 2025, THE COMMISSIONER SHALL REVIEW THE3
NETWORK ADEQUACY RULES PROMULGATED PURSUANT TO THIS SECTION4
TO ENSURE THAT THE RULES ARE SUFFICIENT TO REQUIRE CARRIERS TO5
MAINTAIN:6
(I) A
N ADEQUATE NUMBER OF SUBSTANCE USE DISORDER7
TREATMENT PROVIDERS WITHIN THE CARRIER 'S NETWORK TO PROVIDE8
ACCESS TO TREATMENT IN UNDERSERVED COMMUNITIES ; AND9
(II) A
N ADEQUATE NUMBER OF COGNITIVE BEHAVIORAL10
HEALTH-CARE PROVIDERS WITHIN THE CARRIER 'S NETWORK, INCLUDING11
PROVIDERS THAT PROVIDE PAIN DIAGNOSES SERVICES , TO ALLOW FOR12
ACCESS TO COGNITIVE BEHAVIORAL HEALTH -CARE SERVICES IN ALL13
COMMUNITIES.14
(b) O
N OR BEFORE SEPTEMBER 30, 2025, THE COMMISSIONER15
SHALL REPORT THE RULE REVIEW FINDINGS DESCRIBED IN SUBSECTION16
(1.7)(a)
OF THIS SECTION TO THE OPIOID AND OTHER SUBSTANCE USE17
DISORDERS STUDY COMMITTEE , CREATED IN SECTION 10-22.3-101,18
INCLUDING RECOMMENDED RULE CHANGES TO ENSURE THAT SUCH19
NETWORK ADEQUACY EXISTS .20
SECTION 4. In Colorado Revised Statutes, 12-245-403, add (5)21
as follows:22
12-245-403. Social work practice defined. (5) S
OCIAL WORK23
PRACTICE INCLUDES THE CLINICAL SUPERVISION BY A LICENSED CLINICAL24
SOCIAL WORKER OF A PERSON WORKING TOWARD CERTIFICATION AS A25
CERTIFIED ADDICTION TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST ,26
DESCRIBED IN PART 8 OF THIS ARTICLE 245, IF THE LICENSED CLINICAL27
HB24-1045
-5- SOCIAL WORKER HAS THE NECESSARY EDUCATION OR EXPERIENCE1
WORKING WITH ADDICTIVE OR OTHER BE HAVIORAL HEALTH DISORDERS TO2
SUPERVISE THE CLINICAL WORK, AS DETERMINED BY THE STATE BOARD OF3
ADDICTION COUNSELOR EXAMINERS PURSUANT TO SECTION 12-245-8054
(2.5)(c).5
SECTION 5. In Colorado Revised Statutes, 12-245-603, add (3)6
as follows:7
12-245-603. Practice of licensed professional counseling8
defined. (3) T
HE PRACTICE OF PROFESSIONAL COUNSELING INCLUDES THE9
CLINICAL SUPERVISION BY A LICENSED PROFESSIONAL COUNSELOR OF A10
PERSON WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION11
TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST , DESCRIBED IN PART12
8
OF THIS ARTICLE 245, IF THE LICENSED PROFESSIONAL COUNSELOR HAS13
THE NECESSARY EDUCATION OR EXPERIENCE WORKING WITH ADDICTIVE14
OR OTHER BEHAVIORAL HEALTH DISORDERS TO SUPERVISE THE CLINICAL15
WORK, AS DETERMINED BY THE STATE BOARD OF ADDICTION COUNSELOR16
EXAMINERS PURSUANT TO SECTION 12-245-805 (2.5)(c).17
SECTION 6. In Colorado Revised Statutes, 12-245-805, add18
(2.5)(c) as follows:19
12-245-805. Rights and privileges of certification and licensure20
- titles - rules. (2.5) (c) U
NLESS PROHIBITED BY RULES PROMULGATED BY21
THE STATE BOARD OF HUMAN SERVICES UNDER ITS AUTHORITY PURSUANT22
TO SECTION 27-50-107 (3)(e) OR OTHER PROVISIONS OF TITLE 27, AND23
PURSUANT TO SECTIONS 12-245-403 (5), 12-245-603 (3), 12-245-803, AND24
12-245-804
(3) AND (3.5), THE BOARD SHALL PROMULGATE RULES25
AUTHORIZING A PERSON HOLDING A VALID , UNSUSPENDED, AND26
UNREVOKED LICENSE AS A LICENSED CLINICAL SOCIAL WORKER IN27
HB24-1045
-6- COLORADO OR A LICENSED PROFESSIONAL COUNSELOR IN COLORADO TO1
PROVIDE CLINICAL SUPERVISION FOR CERTIFICATION PURPOSES TO A2
PERSON WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION3
TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST , IF THE LICENSED4
CLINICAL SOCIAL WORKER OR LICENSED PROFESSIONAL COUNSELOR IS5
ACTING WITHIN THE SCOPE OF PRACTICE FOR THE RELEVANT LICENSE AND6
IS QUALIFIED BASED ON EDUCATION OR EXPERIENCE , AS DETERMINED BY7
THE BOARD, TO PROVIDE CLINICAL SUPERVISION FOR THE CLINIC WORK8
HOURS.9
SECTION 7. In Colorado Revised Statutes, 12-280-103, amend10
(39)(g)(III), (39)(g)(IV)(C), (39)(j), and (39)(k); and add (27.5),11
(39)(g)(V), and (39)(l) as follows:12
12-280-103. Definitions - rules. As used in this article 280, unless13
the context otherwise requires or the term is otherwise defined in another14
part of this article 280:15
(27.5) "M
EDICATIONS FOR OPIOID USE DISORDER " OR "MOUD"16
MEANS TREATMENT FOR AN OPIOID USE DISORDER USING MEDICATIONS17
APPROVED BY THE FDA FOR THAT PURPOSE AND PRESCRIBED, DISPENSED,18
OR ADMINISTERED IN ACCORDANCE WITH NATIONAL , EVIDENCE-BASED19
PUBLISHED GUIDANCE.20
(39) "Practice of pharmacy" means:21
(g) Exercising independent prescriptive authority:22
(III) As authorized pursuant to sections 12-30-110 and23
12-280-123 (3) regarding opiate antagonists; or
24
(IV) For drugs that are not controlled substances, drug categories,25
or devices that are prescribed in accordance with the product's26
FDA-approved labeling and to patients who are at least twelve years of27
HB24-1045
-7- age and that are limited to conditions that:1
(C) Have a test that is used to guide diagnosis or clinical2
decision-making and is waived under the federal "Clinical Laboratory3
Improvement Amendments of 1988", Pub.L. 100-578, as amended;
OR4
(V) F
OR ANY FDA-APPROVED PRODUCT INDICATED FOR OPIOID5
USE DISORDER IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS ,6
INCLUDING MEDICATIONS FOR OPIOID USE DISORDER , IF AUTHORIZED7
PURSUANT TO PART 6 OF THIS ARTICLE 280.8
(j) Performing other tasks delegated by a licensed physician; and
9
(k) Providing treatment that is based on national, evidence-based,10
published guidance;
AND11
(l) D
ISPENSING OR ADMINISTERING ANY FDA-APPROVED PRODUCT12
FOR OPIOID USE DISORDER IN ACCORDANCE WITH FEDERAL LAW AND13
REGULATIONS, INCLUDING MEDICATIONS FOR OPIOID USE DISORDER .14
SECTION 8. In Colorado Revised Statutes, add 12-280-604 as15
follows:16
12-280-604. Collaborative pharmacy practice agreement -17
statewide drug therapy protocol for medication-assisted treatment18
for opioid use disorder - rules - definition. (1) A
S USED IN THIS19
SECTION, "MEDICATION-ASSISTED TREATMENT" MEANS A COMBINATION OF20
MEDICATIONS AND BEHAVIORAL THERAPY , SUCH AS BUPRENORPHINE AND21
ALL OTHER MEDICATIONS AND THERAPIES APPROVED BY THE FEDERAL22
FOOD AND DRUG ADMINISTRATION , TO TREAT OPIOID USE DISORDER.23
(2) (a) P
URSUANT TO SECTION 12-280-603, ON OR BEFORE SIX24
MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION , THE BOARD, IN25
CONJUNCTION WITH THE COLORADO MEDICAL BOARD CREATED IN SECTION26
12-240-105
AND THE STATE BOARD OF NURSING CREATED IN SECTION27
HB24-1045
-8- 12-255-105, SHALL PROMULGATE RULES DEVELOPING A STATEWIDE DRUG1
THERAPY PROTOCOL FOR PHARMACISTS TO PRESCRIBE , DISPENSE, AND2
ADMINISTER MEDICATION -ASSISTED TREATMENT FOR OPIOID USE3
DISORDER.4
(b) I
F THE BOARD, THE COLORADO MEDICAL BOARD , AND THE5
BOARD OF NURSING ARE NOT ABLE TO AGREE IN THE TIME PERIOD6
REQUIRED UNDER SUBSECTION (2)(a) OF THIS SECTION, THE BOARD SHALL7
COLLABORATE WITH THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND8
ENVIRONMENT TO DEVELOP A STATEWIDE DRUG THERAPY PROTOCOL NO9
LATER THAN MAY 1, 2025.10
(3) T
HIS SECTION DOES NOT REQUIRE A STATEWIDE DRUG THERAPY11
PROTOCOL OR COLLABORATIVE PHARMACY PRACTICE AGREEMENT BEFORE12
A PHARMACIST MAY PRESCRIBE , DISPENSE, OR ADMINISTER13
MEDICATION-ASSISTED TREATMENT, IF THE PRESCRIBING, DISPENSING, OR14
ADMINISTERING MEDICATION -ASSISTED TREATMENT IS OTHERWISE15
AUTHORIZED UNDER LAW .16
SECTION 9. In Colorado Revised Statutes, 13-3-115, add (2.5)17
as follows:18
13-3-115. Diversion funding committee - repeal. (2.5) (a) T
HE19
COMMITTEE SHALL ANNUALLY AWARD GRANTS TO AT LEAST TWO , BUT NO20
MORE THAN FIVE, DISTRICT ATTORNEYS TO OPERATE A DIVERSION21
PROGRAM FOR PERSONS WITH BEHAVIORAL HEALTH DISORDERS ,22
INCLUDING SUBSTANCE USE DISORDERS , PURSUANT TO THE BEHAVIORAL23
HEALTH DIVERSION PILOT PROGRAM DESCRIBED IN PART 15 OF ARTICLE 1.324
OF TITLE 18.25
(b) T
HE COMMITTEE SHALL DEVELOP AN APPLICATION PROCESS26
FOR DISTRICT ATTORNEYS TO REQUEST A GRANT PURSUANT TO THIS27
HB24-1045
-9- SUBSECTION (2.5).1
(c) (I) T
HE COMMITTEE SHALL REVIEW AND APPROVE GRANT2
APPLICATIONS IN THE SAME MANNER AS IT REVIEWS AND APPROVES3
FUNDING REQUESTS PURSUANT TO SUBSECTION (3) OF THIS SECTION.4
(II) T
HE COMMITTEE SHALL AWARD TH E FIRST ROUND OF GRANTS5
PURSUANT TO THIS SUBSECTION (2.5) NO LATER THAN FOUR MONTHS6
AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2.5). THE COMMITTEE7
MAY AWARD THE FIRST ROUND OF GRANTS IN FULL OR PARTIAL YEAR8
AMOUNTS. THE COMMITTEE SHALL AWARD SUBSEQUENT GRANTS ON THE9
SAME SCHEDULE AS IT APPROVES FUNDING REQUESTS PURS UANT TO10
SUBSECTION (3) OF THIS SECTION.11
(d) P
URSUANT TO SECTION 18-1.3-1509 (1)(a), A DISTRICT12
ATTORNEY WHO RECEIVES A BEHAVIORAL HEALTH DIVERSION PILOT13
PROGRAM GRANT SHALL PROVIDE A STATUS REPORT TO THE JUDICIAL14
DEPARTMENT BY A DATE PRESCRIBED BY THE COMMITTEE .15
(e) (I) T
HE JUDICIAL DEPARTMENT SHALL INCLUDE IN ITS REPORT16
PURSUANT TO SUBSECTION (6) OF THIS SECTION INFORMATION ABOUT THE17
PILOT PROGRAM, INCLUDING A SUMMARY OF THE INFORMATION REPORTED18
TO THE JUDICIAL DEPARTMENT AS DESCRIBED IN SUBSECTION (2.5)(d) OF19
THIS SECTION.20
(II) I
N ITS REPORT PURSUANT TO SUBSECTION (6) OF THIS SECTION21
THAT IS DUE NO LATER THAN JANUARY 31, 2028, THE JUDICIAL22
DEPARTMENT SHALL INCLUDE A RECOMMENDATION OF WHETHER TO23
CONTINUE THE PILOT PROGRAM AS A PERMANENT COMPONENT OF THE24
DIVERSION PROGRAM ESTABLISHED IN SECTION 18-1.3-101.25
(f) T
HIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JUNE 30, 2028.26
SECTION 10. In Colorado Revised Statutes, add part 15 to27
HB24-1045
-10- article 1.3 of title 18 as follows:1
PART 152
BEHAVIORAL HEALTH DIVERSION PILOT PROGRAM3
18-1.3-1501. Definitions. A
S USED IN THIS PART 15, UNLESS THE4
CONTEXT OTHERWISE REQUIRES :5
(1) "A
PPROVED ASSESSOR " MEANS A MENTAL HEALTH6
PROFESSIONAL INCLUDED ON A LIST OF APPROVED ASSESSORS AS7
DESCRIBED IN SECTION 18-1.3- 1503.8
(2) "B
EHAVIORAL HEALTH DISORDER " HAS THE SAME MEANING AS9
SET FORTH IN SECTION 27-50-101.10
(3) "B
EHAVIORAL HEALTH TREATMENT PROGRAM " OR11
"
TREATMENT PROGRAM " MEANS A PLAN OR RECOVERY PROGRAM , BASED12
UPON A CLINICAL ASSESSMENT , THAT IDENTIFIES AND INCORPORATES13
RECOVERY SERVICES TO MEET THE SPECIFIC TREATMENT AND RECOVERY14
GOALS AND NEEDS OF THE PROGRAM PARTICIPANT ; ADDRESSES THE SOCIAL15
DETERMINANTS OF HEALTH TO INCLUDE HOUSING , TRANSPORTATION,16
ACCESS TO MEDICAL CARE , AND MEANINGFUL EMPLOYMENT ; AND17
CONSIDERS A FULL CONTINUUM OF CARE . A TREATMENT PROGRAM MAY18
INCLUDE ANY OF THE COMPONENTS DESCRIBED IN SECTION 18-1.3-150519
(2),
INCLUDING A TREATMENT PLAN.20
(4) "D
IVERSION AGREEMENT " MEANS AN INDIVIDUALIZED21
DIVERSION AGREEMENT SIGNED BY THE DEFENDANT , THE DEFENDANT'S22
ATTORNEY IF THE DEFENDANT IS REPRESENTED BY AN ATTORNEY , AND THE23
DISTRICT ATTORNEY.24
(5) "D
IVERSION FUNDING COMMITTEE " MEANS THE DIVERSION25
FUNDING COMMITTEE ESTABLISHED IN SECTION 13-3-115.26
(6) "D
IVISION OF EMPLOYMENT AND TRAINING " MEANS THE27
HB24-1045
-11- DIVISION OF EMPLOYMENT AND TRAINING , CREATED IN SECTION 8-83-1021
IN THE DEPARTMENT OF LABOR AND EMPLOYMENT .2
(7) "E
LIGIBLE PERSON" MEANS A PERSON WHO COMMITS A3
QUALIFYING OFFENSE AND IS OTHERWISE ELIGIBLE FOR PARTICIPATION IN4
THE JUDICIAL DISTRICT'S DIVERSION PROGRAM PURSUANT TO SECTION5
18-1.3-101
(3).6
(8) "P
ARTICIPANT" MEANS A PERSON WHO HAS ENTERED INTO AN7
AGREEMENT TO PARTICIPATE IN THE PILOT PROGRAM AND IS8
PARTICIPATING IN THE PILOT PROGRAM.9
(9) "P
ILOT PROGRAM" MEANS THE BEHAVIORAL HEALTH DIVERSION10
PILOT PROGRAM CREATED IN SECTION 18-1.3-1502.11
(10) "P
ROGRAM COORDINATOR " MEANS A PROGRAM COORDINATOR12
DESIGNATED AS DESCRIBED IN SECTION 18-1.3-1502 (4).13
(11) "Q
UALIFYING OFFENSE" MEANS A MISDEMEANOR OR CLASS 614
FELONY THAT IS NOT:15
(a) A
CRIME OF VIOLENCE PURSUANT TO SECTION 18-1.3-406;16
(b) U
NLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION17
16-22-102;18
(c) DUI
PER SE, AS DESCRIBED IN SECTION 42-4-1301 (2);19
(d) A
N OFFENSE AGAINST A VICTIM WHO HAS A CIVIL PROTECTION20
ORDER AGAINST THE PERPETRATOR AT THE TIME THE OFFENSE IS21
COMMITTED; OR22
(e) A
N OFFENSE, THE UNDERLYING FACTUAL BASIS OF WHICH23
INVOLVES DOMESTIC VIOLENCE AS DEFINED IN SECTION 18-6-800.3.24
(12) "S
TATE COURT ADMINISTRATOR " MEANS THE STATE COURT25
ADMINISTRATOR ESTABLISHED PURSUANT TO SECTION 13-3-101.26
18-1.3-1502. Behavioral health diversion pilot program -27
HB24-1045
-12- program coordinator - grant process. (1) T HERE IS ESTABLISHED IN THE1
OFFICE OF THE STATE COURT ADMINISTRATOR THE BEHAVIORAL HEALTH2
DIVERSION PILOT PROGRAM TO AWARD GRANTS TO AT LEAST TWO , BUT NO3
MORE THAN FIVE, DISTRICT ATTORNEYS TO DIVERT FROM THE CRIMINAL4
JUSTICE SYSTEM PERSONS WHO HAVE A BE HAVIORAL HEALTH DISORDER ,5
INCLUDING A SUBSTANCE USE DISORDER, THAT REQUIRES EARLY RECOVERY6
SERVICES AND TREATMENT THAT IS REASONABLY EXPECTED TO DETER7
FUTURE CRIMINAL BEHAVIOR.8
(2) A
DISTRICT ATTORNEY OF ANY JUDICIAL DISTRICT MAY APPLY9
FOR A PILOT PROGRAM GRANT. THE DISTRICT ATTORNEY SHALL SHOW IN10
THE APPLICATION THE DISTRICT ATTORNEY HAS ENTERED INTO AN11
AGREEMENT WITH THE PRETRIAL SERVICES PROGRAM IN EACH COUNTY IN12
THE JUDICIAL DISTRICT TO IMPLEMENT THE PILOT PROGRAM IN THE13
JUDICIAL DISTRICT, INCLUDING WHETHER THE PRETRIAL SERVICES14
PROGRAM WILL DESIGNATE A PROGRAM COORDINATOR AS DESCRIBED IN15
SUBSECTION (4) OF THIS SECTION. IF A COUNTY DOES NOT HAVE A16
PRETRIAL SERVICES PROGRAM, THE DISTRICT ATTORNEY SHALL ENTER INTO17
THE AGREEMENT WITH THE COUNTY .18
(3) P
URSUANT TO SECTION 13-3-115 (2.5), THE DIVERSION FUNDING19
COMMITTEE SHALL DEVELOP AN APPLICATION PROCESS FOR DISTRICT20
ATTORNEYS TO REQUEST A PILOT PROGRAM GRANT AND AWARD GRANTS .21
(4) T
HE DISTRICT ATTORNEY SHALL DESIGNATE A PERSON TO SERVE22
AS THE PROGRAM COORDINATOR IN EACH COUNTY IN THE DISTRICT ; EXCEPT23
THAT A DISTRICT ATTORNEY MAY DELEGATE THE DESIGNATION AUTHORITY24
TO THE COUNTY PRETRIAL SERVICES PROGRAM OR , IF THE COUNTY DOES25
NOT HAVE A PRETRIAL SERVICES PROGRAM , THE COUNTY. IF THE DISTRICT26
ATTORNEY DELEGATES THE DESIGNATION AUTHORITY , THE PRETRIAL27
HB24-1045
-13- SERVICES PROGRAM OR COUNTY SHALL DESIGNATE A PERSON TO SERVE AS1
THE COUNTY'S PROGRAM COORDINATOR . THE PRETRIAL SERVICES2
PROGRAM OR COUNTY MAY DESI GNATE A PROGRAM OR COUNTY EMPLOYEE3
OR ENTER INTO AN AGREEMENT WITH A PERSON TO SERVE AS THE PROGRAM4
COORDINATOR. THE PROGRAM COORDINATOR IN THE COUNTY IN WHICH5
THE OFFENSE OCCURRED SHALL DEVELOP THE TREATMENT PROGRAM FOR6
EACH PARTICIPANT WHO COMMITTED AN OFFENSE IN THE COUNTY AND7
CARRY OUT ANY OTHER DUTIES DESCRIBED IN THIS PART 15.8
18-1.3-1503. Assessment prior to participation in the pilot9
program. (1) T
HE BEHAVIORAL HEALTH ADMINISTRATION SHALL PROVIDE10
TO EACH COUNTY IN A DISTRICT PARTICIPATING IN THE PILOT PROGRAM A11
LIST OF APPROVED ASSESSORS AVAILABLE TO PERFORM CLINICAL12
ASSESSMENTS IN THE COUNTY . AN APPROVED ASSESSOR MUST BE A13
MENTAL HEALTH PROFESSIONAL LICENSED , CERTIFIED, OR REGISTERED14
PURSUANT TO ARTICLE 245 OF TITLE 12.15
(2) (a) (I) A
DEFENDANT WHO IS CHARGED WITH A QUALIFYING16
OFFENSE; THE DEFENDANT'S ATTORNEY, INCLUDING AN ATTORNEY FROM17
THE OFFICE OF THE STATE PUBLIC DEFENDER CREATED IN SECTION18
21-1-101,
WHO REPRESENTS THE DEFENDANT AT THE DEFENDANT 'S INITIAL19
APPEARANCE AT A BOND HEARING ; OR THE COURT MAY RECOMMEND THAT20
THE DEFENDANT UNDERGO A CLINICAL ASSESSMENT TO DETERMINE IF THE21
DEFENDANT HAS A BEHAVIORAL HEALTH DISORDER .22
(II) A
S SOON AS PRACTICABLE AFTER A RECOMMENDATION IS MADE23
THAT A DEFENDANT UNDERGO A CLINICAL ASSESSMENT PURSUANT TO24
SUBSECTION (2)(a)(I) OF THIS SECTION, THE DEFENDANT SHALL UNDERGO25
A CLINICAL ASSESSMENT TO DETERMINE IF THE DEFENDANT SHOULD BE26
REFERRED FOR TREATMENT FOR A BEHAVIORAL HEALTH DISORDER .27
HB24-1045
-14- (III) IF THE DEFENDANT IS IN CUSTODY, THE KEEPER OF THE JAIL1
SHALL CONTACT AN APPROVED ASSESSOR TO PERFORM THE ASSESSMENT .2
(b) A
CLINICAL ASSESSMENT CONDUCTED PURSUANT TO THIS3
SUBSECTION (2) MAY BE CONDUCTED IN PERSON OR THROUGH TELEHEALTH ,4
REGARDLESS OF WHETHER THE DEFENDANT IS IN CUSTODY OR HAS BEEN5
RELEASED.6
(c) I
F THE ASSESSOR DETERMINES THAT THE DEFENDANT BEING7
ASSESSED IS PHYSICALLY OR PSYCHOLOGICALLY IMPAIRED TO THE EXTENT8
THAT THE DEFENDANT CA NNOT PROVIDE SUFFICIENT INFORMATION OR9
RESPONSES TO CONDUCT OR COMPLETE THE ASSESSMENT , THE ASSESSMENT10
MAY BE DELAYED, BUT ONLY FOR THE TIME REQUIRED FOR THE DEFENDANT11
TO ADEQUATELY REGAIN THE CAPACITY TO PROVIDE INFORMATION OR12
RESPOND.13
(3) T
HE ASSESSOR SHALL DETERMINE WHETHER THE DEFENDANT14
SHOULD BE REFERRED FOR TREATMENT FOR A BEHAVIORAL HEALTH15
DISORDER. THE ASSESSOR SHALL BASE A REFERRAL FOR TREATMENT ON16
THE RESULTS OF THE CLINICAL ASSESSMENT AND A FINDING THAT17
TREATMENT IS MEDICALLY NECESSARY . IF THE ASSESSOR DETERMINES18
THAT THE DEFENDANT SHOULD BE REFERRED FOR TREATMENT , THE19
ASSESSOR SHALL SUBMIT A TREATMENT REFERRAL TO THE DEFENDANT AND20
ATTORNEY FOR THE DEFENDANT , IF ANY, WITHIN FORTY-EIGHT HOURS21
AFTER THE ASSESSMENT.22
(4) A
NY STATEMENTS MADE BY THE DEFENDANT IN THE COURSE OF23
THE CLINICAL ASSESSMENT MUST NOT BE USED AS A BASIS FOR CHARGING24
OR PROSECUTING THE DEFENDANT UNLESS THE DEFENDANT COMMITS A25
CHARGEABLE OFFENSE DURING THE ASSESSMENT . THIS SUBSECTION (4)26
DOES NOT PROHIBIT ANY REPORTING REQUIRED BY LAW AND IS NOT AN27
HB24-1045
-15- IMPLIED WAIVER OF APPLICABLE PRIVACY LAWS OR PROFESSIONAL1
STANDARDS REGARDING CONFIDENTIALITY .2
(5) T
HIS SECTION DOES NOT CREATE A DUTY OF THE KEEPER OF A3
JAIL TO PAY FOR ANY COSTS ASSOCIATED WITH THE CLINICAL ASSESSMENT .4
18-1.3-1504. Participation in the pilot program - agreement5
with district attorney required. I
F THE ASSESSOR REFERS A DEFENDANT6
FOR TREATMENT FOR A BEHAVIORAL HEALTH DISORDER AS DESCRIBED IN7
SECTION 18-1.3-1503 (3), HE DISTRICT ATTORNEY AND ELIGIBLE PERSON8
MAY AGREE TO THE ELIGIBLE PERSON 'S PARTICIPATION IN THE PILOT9
PROGRAM.10
18-1.3-1505. Participant's behavioral health treatment11
program - components - provider standards. (1) (a) A
PARTICIPANT IN12
THE PILOT PROGRAM SHALL COMPLETE A BE HAVIORAL HEALTH TREATMENT13
PROGRAM. A TREATMENT PROGRAM MUST BE DESIGNED TO PROVIDE THE14
PARTICIPANT WITH THE SKILLS, TRAINING, AND RESOURCES NEEDED TO15
MAINTAIN RECOVERY AND PREVENT THE PARTICIPANT FROM ENGAGING IN16
CRIMINAL ACTIVITY ARISING FROM A BEHAVIORAL HEALTH DISORDER UPON17
RELEASE FROM TREATMENT .18
(b) T
HE PROGRAM COORDINATOR SHALL ESTABLISH A TREATMENT19
PROGRAM THAT SATISFIES THE REQUIREMENTS OF SUBSECTION (2) OF THIS20
SECTION FOR EACH PARTICIPANT IN THE PILOT PROGRAM IN THE PROGRAM21
COORDINATOR'S COUNTY. THE TREATMENT PROGRAM MUST DESIGNATE22
BEHAVIORAL HEALTH TREATMENT AND RECOVERY HOUSING PROVIDERS TO23
PROVIDE THE TREATMENT AND SERVICES REQUIRED AS PART OF THE24
TREATMENT PROGRAM ; EXCEPT THAT, PURSUANT TO SUBSECTION (1)(c) OF25
THIS SECTION, THE ASSESSOR WHO CONDUCTS THE CLINICAL ASSESSMENT26
OF THE PARTICIPANT SHALL DETERMINE THE LENGTH OF TIME THE27
HB24-1045
-16- PARTICIPANT IS REQUIRED TO PARTICIPATE IN THE TREATMENT PROGRAM .1
I
N ESTABLISHING A TREATMENT PROGRAM FOR A SPECIFIC PARTICIPANT ,2
THE PROGRAM COORDINATOR SHALL CONSIDER THE FOLLOWING :3
(I) T
HE EXISTENCE OF PROGRAMS AND RESOURCES WITHIN THE4
PARTICIPANT'S COMMUNITY;5
(II) A
VAILABLE TREATMENT PROVIDERS ;6
(III) A
VAILABLE RECOVERY HOUSING ;7
(IV) A
CCESSIBLE PUBLIC AND PRIVATE AGENCIES ;8
(V) T
HE BENEFIT OF KEEPING THE PARTICIPANT IN THE COMMUNITY9
VERSUS RELOCATION OF THE PARTICIPANT FOR PURPOSES OF TREATMENT ,10
HOUSING, AND OTHER SUPPORTIVE SERVICES;11
(VI) T
HE SAFETY OF THE VICTIM OF THE OFFENSE, IF THERE IS AN12
IDENTIFIED VICTIM; AND13
(VII) T
HE SPECIFIC AND PERSONALIZED NEEDS OF THE14
PARTICIPANT.15
(c) T
HE ASSESSOR WHO CONDUCTS THE CLINICAL ASSESSMENT OF16
THE PARTICIPANT DESCRIBED IN SECTION 18-1.3-1503 (2) SHALL17
DETERMINE THE LENGTH OF TIME THE PARTICIPANT IS REQUIRED TO18
PARTICIPATE IN THE TREATMENT PROGRAM . IN MAKING THE19
DETERMINATION, THE ASSESSOR SHALL CONSIDER THE TYPE OF TREATMENT20
PROGRAM THAT THE PARTICIPANT IS REQUIRED TO COMPLETE AND SHALL21
CONSULT WITH THE PROGRAM COORDINATOR . THE ASSESSOR SHALL22
REPORT THE REQUIRED LENGTH OF TIME TO THE PROGRAM COORDINATOR23
DEVELOPING THE PARTICIPANT'S TREATMENT PROGRAM PURSUANT TO THIS24
SECTION. THE LENGTH OF TIME MUST NOT EXCEED THE LENGTH OF THE25
PARTICIPANT'S MAXIMUM POTENTIAL PERIOD OF INCARCERATION IF FOUND26
GUILTY OF THE OFFENSES CHARGED; EXCEPT THAT THE PARTICIPANT MAY27
HB24-1045
-17- AGREE IN WRITING TO AN EXTENSION OF THE TREATMENT PERIOD .1
(2) A
TREATMENT PROGRAM MUST BE EVIDENCE -BASED, AND MAY2
BE A BEHAVIORAL TREATMENT PLAN OR A MEDICALLY ASSISTED3
TREATMENT PLAN , OR BOTH, WITH RECOVERY SERVICES OR AN4
EVIDENCE-BASED RECOVERY HOUSING PROGRAM . THE TREATMENT5
PROGRAM MUST PROVIDE AT A MINIMUM ACCESS , AS NEEDED, TO:6
(a) I
NPATIENT DETOXIFICATION AND TREATMENT , WHICH MAY7
INCLUDE A FAITH-BASED RESIDENTIAL TREATMENT PROGRAM ;8
(b) O
UTPATIENT TREATMENT;9
(c) D
RUG TESTING;10
(d) A
DDICTION COUNSELING;11
(e) C
OGNITIVE AND BEHAVIORAL THERAPIES ;12
(f) M
EDICATION-ASSISTED TREATMENT, INCLUDING AT LEAST ONE13
OPIATE AGONIST, AS DEFINED AS SECTION 12-30-110; MEDICATION FOR THE14
TREATMENT OF OPIOID OR ALCOHOL DEPENDENCE ; PARTIAL AGONIST15
MEDICATION; ANTAGONIST MEDICATION ; AND ANY OTHER APPROVED16
MEDICATION FOR THE MITIGATION OF OPIOID WITHDRAWAL SYMPTOMS ;17
(g) E
DUCATIONAL SERVICES;18
(h) V
OCATIONAL SERVICES;19
(i) H
OUSING ASSISTANCE;20
(j) P
EER SUPPORT SERVICES; AND21
(k) C
OMMUNITY SUPPORT SERVICES , WHICH MAY INCLUDE22
FAITH-BASED SERVICES.23
(3) E
XCEPT FOR RECOVERY HOUSING PROVIDERS , ALL TREATMENT24
PROVIDERS MUST, AS APPLICABLE, BE LICENSED, CERTIFIED, OR REGISTERED25
PURSUANT TO TITLE 12.26
(4) A
LL RECOVERY HOUSING SERVICE PROVIDERS MUST :27
HB24-1045
-18- (a) PROVIDE EVIDENCE-BASED SERVICES;1
(b) P
ROVIDE A RECORD OF OUTCOMES ;2
(c) P
ROVIDE PEER SUPPORT SERVICES; AND3
(d) A
DDRESS THE SOCIAL DETERMINANTS OF HEALTH .4
18-1.3-1506. Participant's behavioral health treatment5
program - participation - provider requirements. (1) T
HE PARTICIPANT6
SHALL BEGIN THE PARTICIPANT 'S BEHAVIORAL HEALTH TREATMENT7
PROGRAM AS SOON AS PRACTICABLE AFTER THE DIVERSION AGREEMENT IS8
SIGNED.9
(2) U
PON INITIATION OF TREATMENT, THE PROGRAM COORDINATOR10
SHALL NOTIFY THE DIVISION OF EMPLOYMENT AND TRAINING IN THE11
DEPARTMENT OF LABOR AND EMPLOYMENT OF THE PARTICIPANT 'S12
PARTICIPATION IN THE PILOT PROGRAM.13
(3) T
HE PROGRAM COORDINATOR SHALL :14
(a) O
BTAIN ALL RELEASES FROM THE PARTICIPANT THAT ARE15
REQUIRED FOR COMPLIANCE WITH PILOT PROGRAM REQUIREMENTS ;16
(b) C
OORDINATE ALL SERVICES AND TESTING REQUIRED PURSUANT17
TO THE PILOT PROGRAM OR DIVERSION AGREEMENT , INCLUDING18
TRANSPORTATION, IF NEEDED AND AVAILABLE;19
(c) R
ECEIVE AND MAINTAIN COPIES OF ALL NECESSARY20
DOCUMENTATION TO ENSURE COMPLIANCE WITH TREATMENT PROGRAM21
REQUIREMENTS, INCLUDING TREATMENT RECORDS ; DRUG TESTS;22
EDUCATIONAL ASSESSMENTS AND ADVANCEMENTS , IF APPLICABLE;23
EMPLOYMENT STATUS AND EMPLOYMENT TRAINING ; COMMUNITY SERVICE,24
IF APPLICABLE; AND HOUSING STATUS;25
(d) M
EET OR CONFER WITH PROVIDERS OF ANY REQUIRED26
COMPONENTS OF A PARTICIPANT 'S TREATMENT PROGRAM ON A REGULAR27
HB24-1045
-19- BASIS TO ADDRESS THE PARTICIPANT'S PROGRESS, INCLUDING RESTITUTION,1
AND ANY REQUIRED ADJUSTMENT THAT MAY BE NEEDED TO THE2
PARTICIPANT'S TREATMENT PROGRAM ; AND3
(e) P
ROVIDE PERIODIC PROGRESS REPORTS TO THE DISTRICT4
ATTORNEY AND PARTICIPANT'S ATTORNEY ACCORDING TO THE FOLLOWING5
SCHEDULE:6
(I) A
N INITIAL REPORT WITHIN FOURTEEN DAYS AFTER THE7
INITIATION OF TREATMENT;8
(II) A
FOLLOW-UP REPORT WITHIN TWENTY -EIGHT DAYS AFTER9
SUBMISSION OF THE INITIAL REPORT;10
(III) S
UBSEQUENT REPORTS ON A QUARTERLY BASIS THROUGHOUT11
THE COURSE OF THE PARTICIPANT'S TREATMENT PROGRAM ; AND12
(IV) A
FINAL REPORT WITHIN THIRTY DAYS AFTER THE13
PARTICIPANT'S SUCCESSFUL COMPLETION OF THE PARTICIPANT 'S14
TREATMENT PROGRAM .15
(4) T
HE GENERAL ASSEMBLY ENCOURAGES EACH PROGRAM16
COORDINATOR, TREATMENT PROVIDER , AND MEMBER OF THE17
PARTICIPANT'S TREATMENT TEAM TO UTILIZE ELECTRONIC NOTIFICATION18
OR REMINDER SERVICES FOR PARTICIPANTS THROUGHOUT THE TREATMENT19
PROGRAM PERIOD.20
(5) T
HE PROGRAM COORDINATOR SHALL :21
(a) R
ECOMMEND MODIFICATIONS TO THE PARTICIPANT 'S22
TREATMENT PROGRAM TO THE DISTRICT ATTORNEY AND THE PARTICIPANT 'S23
ATTORNEY, IF APPLICABLE;24
(b) R
EVIEW THE PARTICIPANT'S PROGRESS; AND25
(c) A
DVISE THE DISTRICT ATTORNEY , THE COURT, THE26
PARTICIPANT'S ATTORNEY, IF APPLICABLE, AND THE VICTIM, IF THERE IS AN27
HB24-1045
-20- IDENTIFIED VICTIM, OF THE PARTICIPANT'S SUCCESSFUL COMPLETION OF1
THE TREATMENT PROGRAM REQUIREMENTS .2
(6) T
HE PROGRAM COORDINATOR MAY DISMISS A PARTICIPANT3
FROM THE PILOT PROGRAM IF THE PARTICIPANT FAILS TO MEET THE TERMS4
AND CONDITIONS OF THE TREATMENT PROGRAM OR DIVERSION5
AGREEMENT. THE PROGRAM COORDINATOR SHALL IMMEDIATELY REPORT6
DISMISSAL FROM THE TREATMENT PROGRAM BASED UPON LACK OF7
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE TREATMENT8
PROGRAM TO THE DISTRICT ATTORNEY , THE COURT, AND THE9
PARTICIPANT'S ATTORNEY, IF APPLICABLE.10
18-1.3-1507. Vocational services - assessment - individualized11
plan. (1) (a) T
HE DIVISION OF EMPLOYMENT AND TRAINING , IN12
CONJUNCTION WITH THE PROGRAM COORDINATOR , SHALL CONDUCT AN13
IN-PERSON INITIAL SCREENING OF ANY INDIVIDUAL PARTICIPATING IN THE14
PILOT PROGRAM WITHIN THIRTY DAYS AFTER A PARTICIPANT BEGINS THE15
PILOT PROGRAM.16
(b) N
OTHING IN THIS SECTION PROHIBITS ANY DEPARTMENT ,17
OFFICE, OR DIVISION OF THE DEPARTMENT OF LABOR AND EMPLOYMENT18
FROM ENTERING INTO AN AGREEMENT WITH A THIRD PARTY IN EACH19
DISTRICT PARTICIPATING IN THE PILOT PROGRAM TO PROVIDE THE SERVICES20
REQUIRED PURSUANT TO THIS SECTION .21
(2) T
HE INITIAL SCREENING MUST INCLUDE:22
(a) A
N ASSESSMENT OF THE PARTICIPANT'S:23
(I) E
DUCATIONAL HISTORY , INCLUDING HIGHEST LEVEL OF24
EDUCATION COMPLETED AND WHEN TH E PARTICIPANT LAST ATTENDED25
SCHOOL;26
(II) E
MPLOYMENT HISTORY, INCLUDING TYPES AND LENGTHS OF27
HB24-1045
-21- EMPLOYMENTS;1
(III) M
ILITARY HISTORY, IF ANY;2
(IV) P
HYSICAL, MENTAL, AND EMOTIONAL ABILITIES AND3
LIMITATIONS;4
(V) A
PTITUDE, SKILL LEVEL, AND INTEREST TESTING; AND5
(VI) L
ANGUAGE SKILLS; AND6
(b) A
DETERMINATION OF WHETHER FURTHER ASSESSMENT IS7
NEEDED TO DEVELOP THE VOCATIONAL COMPONENT OF THE PILOT8
PROGRAM. IF FURTHER ASSESSMENT IS REQUIRED , THE DIVISION OF9
EMPLOYMENT AND TRAINING SHALL COMPLETE THE FURTHER ASSESSMENT10
WITHIN NINETY DAYS AFTER THE PARTICIPANT 'S ENTRY INTO THE PILOT11
PROGRAM, UNLESS ADDITIONAL TIME IS NEEDED TO PROVIDE FOR PHYSICAL12
RECOVERY FROM THE EFFECTS OF A SEVERE BEHAVIORAL HEALTH13
DISORDER.14
(3) W
ITHIN TEN DAYS AFTER COMPLETION OF THE INITIAL15
SCREENING, THE DIVISION OF EMPLOYMENT AND TRAINING , IN16
CONSULTATION WITH THE PROGRAM COORDINATOR , SHALL ESTABLISH AN17
INDIVIDUALIZED PLAN DESIGNED FOR THE PARTICIPANT TO ATTAIN A18
SPECIFIC EMPLOYMENT OUTCOME . THE PLAN MUST INCLUDE:19
(a) S
PECIFIC EDUCATIONAL GOALS WITH IDENTIFICATION OF20
INSTITUTIONS FROM WHICH THE PARTICIPANT WILL RECEIVE EDUCATIONAL21
CREDITS OR TRAINING;22
(b) S
PECIFIC JOB SKILLS TRAINING AND THE FACILITY OR23
INSTITUTION FROM WHICH THE PARTICIPANT WILL RECEIVE THE JOB SKILLS24
TRAINING. THE TRAINING MUST INCLUDE A HOLISTIC EDUCATION25
CURRICULUM THAT INCLUDES BUT IS NOT LIMITED TO PROBLEM -SOLVING,26
COMMUNICATION SKILLS, AND INTERPERSONAL SKILLS.27
HB24-1045
-22- (c) THE REQUIRED NUMBER OF HOURS PER WEEK THE PARTICIPANT1
WILL BE ENGAGED IN EDUCATIONAL OR VOCATI ONAL TRAINING , INCLUDING2
ANTICIPATED STUDY TIME OR ASSIGNED PROJECTS ' COMPLETION TIME3
OUTSIDE OF THE CLASSROOM OR TRAINING FACILITY ;4
(d) T
HE SPECIFIC SERVICES THAT THE DIVISION OF EMPLOYMENT5
AND TRAINING WILL PROVIDE TO ACHIEVE THE EMPLOYMENT OUTCOME6
AND TO OVERCOME OR MINIMIZE ANY IDENTIFIED OBSTACLES TO7
EMPLOYMENT AND THE FREQUENCY WITH WHICH THOSE SERVICES WILL BE8
PROVIDED, INCLUDING BUT NOT LIMITED TO ACCESS TO SUPPORT AND9
SERVICES DURING NON-TRADITIONAL BUSINESS HOURS;10
(e) T
HE BEGINNING AND PROJECTED COMPLETION DATE OF EACH11
SERVICE;12
(f) I
F SUPPORTED EMPLOYMENT TRAINING OR SERVICES ARE13
PROVIDED OUTSIDE OF THE DIVISION OF EMPLOYMENT AND TRAINING , THE14
IDENTIFICATION OF THE PROVIDER OF THE EXTENDED SERVICES AND THE15
REPORTING AND ACCOUNTABILITY REQUIREMENTS ESTABLISHED WITH THE16
PROGRAM COORDINATOR ;17
(g) T
HE CRITERIA ESTABLISHED FOR EVALUATING THE18
PARTICIPANT'S PROGRESS AND SUCCESS;19
(h) T
HE ATTENDANCE AND REPORTING REQUIREMENTS20
ESTABLISHED FOR THE PARTICIPANT AND FOR THE INSTITUTION OR FACILITY21
PROVIDING THE SERVICE , INCLUDING TO WHOM AND WITH WHAT22
FREQUENCY REPORTS ARE MADE ;23
(i) T
HE DATE THE INDIVIDUALIZED PLAN IS ESTIMATED TO BE24
COMPLETED;25
(j) T
HE NEED FOR ONGOING OR FUTURE TRAINING FOLLOWING26
COMPLETION OF THE INDIVIDUALIZED PLAN AND THE AVAILABILITY OF27
HB24-1045
-23- THAT TRAINING TO THE PARTICIPANT; AND1
(k) T
HE CONTINUUM OF CARE TO BE PROVIDED BY A COMMUNITY2
REHABILITATION PROVIDER.3
(4) T
HE DIVISION OF EMPLOYMENT AND TRAINING , IN4
CONSULTATION WITH THE COLORADO DEPARTMENT OF HIGHER5
EDUCATION, SHALL PROVIDE THE PARTICIPANT WITH ASSISTANCE IN6
SECURING ALL SCHOLARSHIPS, GRANTS, OR OTHER AVAILABLE FINANCIAL7
ASSISTANCE TO ENSURE ACCESS TO THE EDUCATIONAL OR TRAINING8
REQUIREMENTS NEEDED TO ACHIEVE A SPECIFIC EMPLOYMENT OUTCOME9
IDENTIFIED IN THE INDIVIDUALIZED PLAN.10
(5) T
HE DIVISION OF EMPLOYMENT AND TRAINING MAY ESTABLISH11
AN ELECTRONIC REGISTRY TO BE USED BY PARTICIPANTS IN THE PILOT12
PROGRAM, PROGRAM COORDINATORS , AND PROSPECTIVE EMPLOYERS TO13
ASSIST IN MATCHING PARTICIPANTS WITH EMPLOYMENT OPPORTUNITIES .14
18-1.3-1508. Completion of pilot program - dismissal for15
failure to comply with pilot program terms - confidentiality upon16
dismissal from treatment program - victim notification. (1) (a) U
PON17
A PARTICIPANT SUCCESSFULLY COMPLETING THE PILOT PROGRAM , THE18
COURT SHALL:19
(I) D
ISMISS THE CHARGED OFFENSE OR OFFENSES WITH PREJUDICE20
AND DISCHARGE THE DEFENDANT ; AND21
(II) S
EAL ALL RECORDS RELATING TO THE CASE AS DESCRIBED IN22
SECTION 24-72-705 FOR A PERSON WHO HAS COMPLETED A DIVERSION23
AGREEMENT.24
(b) T
HE EFFECTS OF A SEALING ORDER AS SET FORTH IN SECTION25
24-72-703
(2) APPLY TO A RECORD SEALED PURSUANT TO THIS SECTION .26
(2) (a) I
F A PARTICIPANT IN THE PILOT PROGRAM IS CONVICTED OF27
HB24-1045
-24- OR PLEADS GUILTY TO A FELONY OFFENSE OTHER THAN A QUALIFYING1
OFFENSE UNDER ANY LAW OF THE UNITED STATES, THIS STATE, OR2
ANOTHER STATE, THAT WAS COMMITTED WHILE PARTICIPATING IN THE3
PILOT PROGRAM, THE PARTICIPANT IS DISMISSED FROM THE PILOT PROGRAM4
FOR FAILURE TO COMPLY WITH THE PILOT PROGRAM 'S TERMS AND5
CONDITIONS.6
(b) T
HE DISTRICT ATTORNEY OR COURT MAY DISMISS A PERSON7
FROM THE PILOT PROGRAM FOR FAILING TO COMPLY WITH THE TERMS OF8
THE DIVERSION AGREEMENT. PURSUANT TO SECTION 18-1.3-1506 (6), THE9
PROGRAM COORDINATOR MAY DISM ISS A PERSON FROM THE PILOT10
PROGRAM IF THE PERSON FAILS TO MEET THE TERMS AND CONDITIONS OF11
THE TREATMENT PROGRAM OR DIVERSION AGREEMENT .12
(3) I
F A PARTICIPANT IS DISMISSED FROM THE TREATMENT13
PROGRAM BY THE PROGRAM COOR DINATOR PURSUANT TO SECTION14
18-1.3-1506
(6), ALL STATEMENTS OR OTHER DISCLOSURES MADE BY THE15
PARTICIPANT TO THE PROGRAM COORDINATOR OR ANY PROVIDER WHILE16
PARTICIPATING IN THE TREATMENT PROGRAM ARE PROTECTED BY ALL17
APPLICABLE PRIVACY LAWS AND PROFESSIONAL STANDARDS REGARDING18
CONFIDENTIALITY AND ARE NOT ADMISSIBLE IN A CRIMINAL TRIAL19
RELATING TO THE OFFENSES COVERED BY THE DISMISSED PARTICIPANT 'S20
DIVERSION AGREEMENT.21
(4) T
HE DISTRICT ATTORNEY SHALL NOTIFY THE VICTIM , IF THERE22
IS AN IDENTIFIED VICTIM, OF THE PARTICIPANT'S DISMISSAL FROM THE PILOT23
PROGRAM FOR NONCOMPLIANCE OR SUCCESSFUL COMPLETION OF THE PILOT24
PROGRAM.25
18-1.3-1509. Reporting requirements. (1) (a) A
DISTRICT26
ATTORNEY WHO RECEIVES A PILOT PROGRAM GRANT SHALL COLLECT DATA27
HB24-1045
-25- AND PROVIDE A STATUS REPORT TO THE JUDICIAL DEPARTMENT BY A DATE1
PRESCRIBED BY THE DIVERSION FUNDING COMMITTEE THAT INCLUDES :2
(I) T
HE FOLLOWING INFORMATION ABOUT EACH PARTICIPANT IN3
THE DISTRICT:4
(A) W
HETHER THE PARTICIPANT HAS CONTINUED PARTICIPATION5
IN THE TREATMENT PROGRAM AND , IF THE PARTICIPANT HAS BEEN6
DISCHARGED FROM THE TREATMENT PROGRAM DUE TO AN INABILITY OR7
UNWILLINGNESS TO MEET THE TERMS AND CONDITIONS OF THE TREATMENT8
PROGRAM, THE SPECIFIC REASON FOR THE DISCHARGE;9
(B) T
HE TYPE OF RECOMMENDED TREATMENT AND PROGRESS10
TOWARD COMPLETION OF THE TREATMENT ;11
(C) E
MPLOYMENT OR JOB TRAINING ;12
(D) T
HE TYPE OF EDUCATIONAL TRAINING AND PROGRESS TOWARD13
COMPLETION OF THE TRAINING;14
(E) H
OUSING STATUS; AND15
(F) A
NY OTHER INFORMATION ABOUT A PARTICIPANT THAT THE16
DISTRICT ATTORNEY DETERMINES MAY ASSIST IN EVALUATION OF THE17
PILOT PROGRAM;18
(II) T
HE NUMBER OF CLINICAL ASSESSMENTS PERFORMED IN THE19
DISTRICT PURSUANT TO SECTION 18-1.3-1503;20
(III) T
HE TOTAL NUMBER OF PARTICIPANTS IN THE PILOT PROGRAM ;21
(IV) T
HE NUMBER OF PARTICIPANTS WHO REMAIN IN COMPLIANCE22
WITH THE TERMS AND CONDITIONS OF THE TREATMENT PROGRAM ;23
(V) T
HE NUMBER OF PARTICIPANTS WHO HAVE BEEN DISMISSED24
FROM THE PILOT PROGRAM BECAUSE THE PARTICIPANT FAILED TO MEET25
THE TERMS AND CONDITIONS OF THE TREATMENT PROGRAM , INCLUDING26
THE SPECIFIC REASONS FOR DISMISSAL;27
HB24-1045
-26- (VI) FOR ANY PARTICIPANT DISMISSED BECAUSE THE PARTICIPANT1
FAILED TO MEET THE TERMS AND CONDITIONS OF THE TREATMENT2
PROGRAM, THE LENGTH OF TIME THE PERSON PARTICIPATED IN THE3
TREATMENT PROGRAM ;4
(VII) T
HE NUMBER OF PARTICIPANTS WHO HAVE BEEN DISCHARGED5
FROM THE TREATMENT PROGRAM UPON SUCCESSFUL COMPLETION OF THE6
TREATMENT PROGRAM REQUIREMENTS ;7
(VIII) T
HE NUMBER OF PARTICIPANTS WHO HAVE RECEIVED8
MEDICATION-ASSISTED TREATMENT AS PART OF THE PARTICIPANTS '9
TREATMENT PROGRAM ;10
(IX) T
HE NUMBER OF PARTICIPANTS WHO HAVE FAILED TO11
COMPLETE A JOB SKILLS OR JOB TRAINING PROGRAM ; AND12
(X) T
HE NUMBER OF PARTICIPANTS WHO HAVE FAILED TO13
COMPLETE AN EDUCATIONAL COMPONENT OF THE PILOT PROGRAM .14
(b) A
PROGRAM COORDINATOR SHALL SUBMIT A FINAL REPORT FOR15
EACH PARTICIPANT NO LATER THAN THIRTY DAYS AFTER THE PARTICIPANT16
IS DISCHARGED OR DISMISSED FROM THE TREATMENT PROGRAM . A FINAL17
REPORT MUST INCLUDE, AT A MINIMUM, THE FOLLOWING INFORMATION :18
(I) I
F THE PARTICIPANT WAS DISMISSED FROM THE PILOT PROGRAM19
BECAUSE THE PARTICIPANT FAILED TO MEET THE TERMS AND CONDITIONS20
OF THE PILOT PROGRAM, THE FOLLOWING:21
(A) T
HE SPECIFIC REASON FOR THE DISMISSAL;22
(B) T
HE LENGTH OF TIME THE DEFENDANT PARTICIPATED IN THE23
PILOT PROGRAM;24
(C) G
OALS MET BY THE DEFENDANT DURING PARTICIPATION IN THE25
PILOT PROGRAM;26
(D) I
DENTIFIED BARRIERS TO COMPLETION OF THE PILOT PROGRAM ,27
HB24-1045
-27- IF KNOWN; AND1
(E) R
ECOMMENDED ADJUSTMENTS TO THE PILOT PROGRAM THAT2
COULD PROVIDE A GREATER PROBABILITY OF SUCCESSFUL COMPLETION FOR3
SIMILAR PARTICIPANTS; OR4
(II) I
F THE PARTICIPANT SUCCESSFULLY COMPLETED THE PILOT5
PROGRAM REQUIREMENTS :6
(A) T
HE LENGTH OF TIME THE PARTICIPANT PARTICIPATED IN THE7
PILOT PROGRAM;8
(B) A
SUMMARY OF THE SPECIFIC PROGRAMS COMPLETED AND9
GOALS ATTAINED BY THE PARTICIPANT ;10
(C) A
NY CONTINUED TREATMENT FOR THE PARTICIPANT11
RECOMMENDED BY ANY TREATMENT PROVIDER IN THE PILOT PROGRAM ;12
AND13
(D) R
ECOMMENDED ADJUSTMENTS TO THE PILOT PROGRAM THAT14
COULD PROVIDE GREATER BENEFIT TO SIMILAR PARTICIPANTS .15
(2) I
N ITS REPORT PURSUANT TO SECTION 13-3-115 (6) THAT IS DUE16
J
ANUARY 31, 2028, THE JUDICIAL DEPARTMENT SHALL INCLUDE A17
RECOMMENDATION OF WHETHER TO CONTINUE THE PILOT PROGRAM AS A18
PERMANENT COMPONENT OF THE DIVERSION PROGRAM ESTABLISHED IN19
SECTION 18-1.3-101.20
18-1.3-1510. Repeal of part. T
HIS PART 15 IS REPEALED,21
EFFECTIVE JUNE 30, 2028.22
SECTION 11. In Colorado Revised Statutes, 23-21-802, amend23
(1)(h)(I) as follows:24
23-21-802. Legislative declaration. (1) The general assembly25
finds that:26
(h) In order to increase access to addiction treatment in areas of the27
HB24-1045
-28- state where opioid addiction is prevalent, it is necessary to establish a pilot1
program to award grants to:2
(I) Organizations, or practices, OR PHARMACIES with nurse3
practitioners, and physician assistants, OR PHARMACISTS to enable them to4
obtain the training and ongoing support required to prescribe medications,5
such as buprenorphine and all other medications and therapies approved6
by the federal food and drug administration, to treat opioid use disorders;7
and8
SECTION 12. In Colorado Revised Statutes, 23-21-803, add (5.3)9
as follows:10
23-21-803. Definitions. As used in this part 8, unless the context11
otherwise requires:12
(5.3) "P
HARMACIST" MEANS AN INDIVIDUAL LICENSED IN13
C
OLORADO TO ENGAGE IN THE PRACTICE OF PHARMACY WHO IS14
PRESCRIBING MEDICATION-ASSISTED TREATMENT PURSUANT TO PART 6 OF15
ARTICLE 280 OF TITLE 12.16
SECTION 13. In Colorado Revised Statutes, 23-21-804, amend17
(1) and (2) as follows:18
23-21-804. Medication-assisted treatment expansion pilot19
program - created - pilot program location - eligible grant recipients20
- rules. (1) (a) There is hereby
created the medication-assisted treatment21
expansion pilot program to provide grants to community agencies,22
office-based practices, behavioral health organizations, and substance23
abuse treatment organizations,
AND PHARMACIES to enable:24
(I) Nurse practitioners or physician assistants working in those25
settings to obtain training and ongoing support required under the federal26
act in order to prescribe buprenorphine and all other medications and27
HB24-1045
-29- therapies approved by the federal food and drug administration as part of1
medication-assisted treatment provided to individuals with an opioid use2
disorder; and3
(II) Those agencies, practices, and organizations to provide4
behavioral therapies and support in conjunction with medication-assisted5
treatment for individuals with an opioid use disorder;
AND6
(III) P
HARMACISTS AUTHORIZED UNDER A STATEWIDE DRUG7
THERAPY PROTOCOL PURSUANT TO SECTION 12-280-605, A8
COLLABORATIVE PHARMACY PRACTICE AGREEMENT PURSUANT TO PART 69
OF ARTICLE 280 OF TITLE 12, OR OTHERWISE AUTHORIZED UNDER LAW TO10
PRESCRIBE, DISPENSE, OR ADMINISTER MEDICATION-ASSISTED TREATMENT11
FOR INDIVIDUALS WITH AN OPIOID USE DISORDER .12
(b) The MAT expansion pilot program is available to provide13
grants to community agencies, office-based practices, behavioral health14
organizations, and
substance abuse treatment organizations practicing or15
providing treatment in Pueblo county or Routt county, and, starting in the16
2019-20 fiscal year, the San Luis valley and up to two additional counties17
selected by the center for participation based on demonstrated need. T
HE18
MAT
EXPANSION PILOT PROGRAM MAY ALSO PROVIDE GRANTS TO19
PHARMACIES FOR THE PURPOSES ALLOWED UNDER THE GRANT PROGRAM20
ONCE THE CONDITIONS DESCRIBED IN SUBSECTION (1)(a)(III) OF THIS21
SECTION ARE MET.22
(2) A grant recipient may use the money received through the pilot23
program for the following purposes:24
(a) To enable nurse practitioners or physician assistants practicing25
or working in the grant recipient's setting in the pilot program area to26
obtain the training required to be a qualified nurse practitioner or27
HB24-1045
-30- physician assistant in order to prescribe buprenorphine and all other1
medications and therapies approved by the federal food and drug2
administration as part of medication-assisted treatment for individuals3
with opioid use disorders; and4
(b) To increase access to medication-assisted treatment for5
individuals with opioid use disorders in the pilot program area;
AND6
(c) T
O OBTAIN TRAINING FOR PHARMACISTS TO PROVIDE7
MEDICATION-ASSISTED TREATMENT SERVICES.8
SECTION 14. In Colorado Revised Statutes, 23-21-805, amend9
(2)(a)(V) and (2)(a)(VI); and add (2)(a)(VII) as follows:10
23-21-805. MAT expansion advisory board - created - duties.11
(2) (a) The advisory board consists of representatives of the following12
entities or organizations who are designated by the entity or organization:13
(V) The Colorado Academy of Physician Assistants; and
14
(VI) The physician assistant program at the university of Colorado;15
AND16
(VII) T
HE COLORADO PHARMACISTS SOCIETY .17
SECTION 15. In Colorado Revised Statutes, 23-21-806, amend18
(1) introductory portion, (1)(c), (2)(b), (2)(d), and (3); and repeal (1)(d)19
as follows:20
23-21-806. Grant application - criteria - awards. (1) To receive21
a grant, an eligible organization, or
practice, OR PHARMACY must submit22
an application to the center in accordance with pilot program guidelines23
and procedures established by the center. At a minimum, the application24
must include the following information:25
(c) The number of nurse practitioners, or physician assistants, OR26
PHARMACISTS willing to complete the required training;27
HB24-1045
-31- (d) Identification of any incentives to assist nurse practitioners or1
physician assistants in completing the required training and becoming2
certified to prescribe buprenorphine;3
(2) The advisory board shall review the applications received4
pursuant to this section and make recommendations to the center5
regarding grant recipients and awards. In recommending grant awards and6
in awarding grants, the advisory board and the center shall consider the7
following criteria:8
(b) The number of opioid-dependent patients that WHO could be9
served by nurse practitioners, or physician assistants, OR PHARMACISTS10
working in or with a practice or organization applying for a grant;11
(d) The written commitment of the applicant to have nurse12
practitioners, or physician assistants, OR PHARMACISTS participate in13
periodic consultations with center staff; and14
(3) Subject to available appropriations, in the 2019-20 and15
2020-21 fiscal years, the center shall award grants to applicants approved16
in accordance with this section and shall distribute the grant money to17
grant recipients within ninety days after issuing the grant awards.18
SECTION 16. In Colorado Revised Statutes, 23-21-807, amend19
(1) introductory portion, (1)(c), (2) introductory portion, (2)(e), and (2)(g);20
repeal (2)(c); and add (1)(e) as follows:21
23-21-807. Reporting requirements. (1) Each organization, or22
practice,
OR PHARMACY that receives a grant through the pilot program23
shall submit an annual report to the center by a date set by the center. At24
a minimum, the report must include the following information:25
(c) The number of nurse practitioners, or
physician assistants, OR26
PHARMACISTS who were trained; and who received certification to27
HB24-1045
-32- prescribe buprenorphine and all other medications and therapies approved1
by the federal food and drug administration to treat opioid use disorder;2
and3
(e) A
DETAILED DESCRIPTION OF THE TRAINING RECEIVED BY4
PHARMACISTS; WHETHER THE PHARMACISTS WHO RECEIVED TRAINING ARE5
CURRENTLY ABLE TO PROVIDE AND ARE PROVIDING MEDICATION -ASSISTED6
TREATMENT TO OPIOID -DEPENDENT PATIENTS; AND THE NUMBER OF7
OPIOID-DEPENDENT PATIENTS TREATED DURING THE PILOT PROGRAM8
PERIOD BY EACH PHARMACIST.9
(2) On or before June 30, 2018, and on or before each June 30
10
through June 30, 2021, The center shall ANNUALLY submit a summarized11
report on the pilot program to the health and human services committee12
of the senate and the health and insurance and the public health care and13
human services committees of the house of representatives, or any14
successor committees, and to the governor. At a minimum, the report must15
include:16
(c) The total number of nurse practitioners and physician assistants17
who completed the required training and became certified to prescribe18
buprenorphine, listed by county participating in the pilot program;19
(e) A summary of policies and procedures instituted by grant20
recipients related to the provision of MAT by qualified nurse practitioners,21
and physician assistants, AND PHARMACISTS;22
(g) A summary of lessons learned and recommendations for23
implementing MAT as provided by nurse practitioners, and physician24
assistants, and
PHARMACISTS in other communities in the state.25
SECTION 17. In Colorado Revised Statutes, add 25.5-4-505.5 as26
follows:27
HB24-1045
-33- 25.5-4-505.5. Federal authorization related to persons involved1
in the criminal justice system - report - rules - legislative declaration.2
(1) (a) T
HE GENERAL ASSEMBLY FINDS THAT :3
(I) F
OR DECADES, FEDERAL MEDICAID POLICY PROHIBITED THE USE4
OF FEDERAL FUNDING FOR INCARCERATED MEDICAID MEMBERS ;5
(II) W
ITH THE EMERGING OPPORTUNITY TO ALLOW FOR COVERAGE6
OF INCARCERATED MEDICAID MEMBERS , COLORADO IS SUPPORTIVE OF7
ENSURING THESE MEMBERS HAVE ACCESS TO NEEDED SERVICES AND8
TREATMENT; AND9
(III) C
OLORADO IS COMMITTED TO ENSURING MEDICAID MEMBERS10
HAVE ACCESS TO A CIVIL , COMMUNITY-BASED SYSTEM THAT MEETS11
MEMBERS' NEEDS AND ENSURES COLORADO'S COUNTY JAILS, JUVENILE12
FACILITIES, AND PRISONS DO NOT BECOME PRIMARY ACCESS POINTS FOR13
HEALTH-CARE SERVICES FOR PEOPLE EXPERIENCING BEHAVIORAL HEALTH14
CONDITIONS.15
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES IT IS IN THE16
BEST INTEREST OF ALL COLORADANS, AND ESPECIALLY COLORADANS17
LIVING WITH BEHAVIORAL HEALTH CONDITIONS , TO REQUIRE THE18
DEPARTMENT OF HEALTH CARE POLICY AND FI NANCING TO SEEK A FEDERAL19
WAIVER OF THE MEDICAID INMATE EXCLUSION POLICY THAT INCLUDES20
ANNUAL DATA REPORTING REQUIREMENTS THAT :21
(I) I
NFORM COLORADANS REGARDING THE UNMET HEALTH NEEDS22
OF INDIVIDUALS INVOLVED IN THE CRIMINAL JUSTICE SYSTEM ;23
(II) P
ROMOTE THE ESTABLISHMENT OF CONTINUOUS CIVIL SYSTEMS24
OF CARE WITHIN COMMUNITIES DEMONSTRABLY COMMITTED TO DIVERSION25
OR DEFLECTION EFFORTS , INCLUDING BUT NOT LIMITED TO MOBILE26
OUTREACH, CO-RESPONDER PROGRAMS , AND PROSECUTOR - OR27
HB24-1045
-34- JUDICIAL-LED INITIATIVES; AND1
(III) A
IM TO REDUCE UNNECESSARY INVOLVEMENT WITH THE2
CRIMINAL JUSTICE SYSTEM AND INCREASE ACCESS TO COMMUNITY -BASED3
HOUSING, HEALTH CARE, SUPPORTS, AND SERVICES.4
(2) (a) N
O LATER THAN APRIL 1, 2024, THE STATE DEPARTMENT5
SHALL SEEK FEDERAL AUTHORIZATION TO PROVIDE SCREENING FOR6
PHYSICAL AND BEHAVIORAL HEALTH NEEDS , BRIEF INTERVENTION,7
MEDICATION-ASSISTED TREATMENT, ANY ADDITIONAL PRESCRIPTION8
MEDICATIONS, CASE MANAGEMENT, AND CARE COORDINATION SERVICES9
THROUGH THE MEDICAL ASSISTANCE PROGRAM TO PERSONS IMMEDIATELY10
PRIOR TO RELEASE FROM A JUVENILE INSTITUTIONAL FACILITY , AS DEFINED11
IN SECTION 25-1.5-301 (2)(b), OR A DEPARTMENT OF CORRECTIONS12
FACILITY.13
(b) B
EGINNING JULY 1, 2025, AND SUBJECT TO AVAILABLE14
APPROPRIATIONS, THE SERVICES DESCRIBED IN SUBSECTION (2)(a) OF THIS15
SECTION ARE AVAILABLE UPON RECEIPT OF THE NECESSARY FEDERAL16
AUTHORIZATION.17
(3) (a) N
O LATER THAN APRIL 1, 2025, THE STATE DEPARTMENT18
SHALL SEEK FEDERAL AUTHORIZATION TO PROVIDE SCREENING FOR19
PHYSICAL AND BEHAVIORAL HEALTH NEEDS , BRIEF INTERVENTION,20
ADMINISTRATION OF MEDICATION -ASSISTED TREATMENT, PHYSICAL AND21
PSYCHIATRIC PRESCRIPTION MEDICATIONS PROVIDED UPON RELEASE FROM22
JAIL, CASE MANAGEMENT, AND CARE COORDINATION SERVICES THROUGH23
THE MEDICAL ASSISTANCE PROGRAM TO PERSONS UP TO NINETY DAYS24
PRIOR TO RELEASE FROM A COUNTY JAIL . THE FEDERAL AUTHORIZATION25
MUST NOT INCLUDE COVERAGE FOR PHYSICAL OR PSYCHIATRIC26
PRESCRIPTION MEDICATIONS THAT ARE ADMINISTERED IN A JAIL SETTING .27
HB24-1045
-35- (b) BEGINNING JULY 1, 2026, AND SUBJECT TO AVAILABLE1
APPROPRIATIONS, THE SERVICES DESCRIBED IN SUBSECTION (3)(a) OF THIS2
SECTION ARE AVAILABLE UPON RECEIPT OF THE NECESSARY FEDERAL3
AUTHORIZATION.4
(4) U
PON RECEIPT OF THE NECESSARY FEDERAL AUTHORIZATION ,5
THE STATE DEPARTMENT SHALL :6
(a) C
ONDUCT A RIGOROUS STAKEHOLDER PROCESS THAT INCLUDES ,7
BUT IS NOT LIMITED TO, RECEIVING FEEDBACK FROM INDIVIDUALS WITH8
LIVED EXPERIENCE IN ACCESSING , OR THE INABILITY TO ACCESS ,9
BEHAVIORAL HEALTH SERVICES IN CIVIL SETTINGS , COUNTY JAILS,10
JUVENILE INSTITUTIONAL FACILITIES , AND THE DEPARTMENT OF11
CORRECTIONS; AND12
(b) R
EQUIRE EACH COUNTY WITH A COUNTY JAIL SEEKING TO13
PROVIDE SERVICES PURSUANT TO THIS SECTION TO DEMONSTRATE A14
COMMITMENT TO DIVERSION OR DEFLECTION EFFORTS , INCLUDING BUT NOT15
LIMITED TO MOBILE OUTREACH , CO-RESPONDER PROGRAMS , AND16
PROSECUTOR- OR JUDICIAL-LED INITIATIVES THAT AIM TO REDUCE17
UNNECESSARY INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM AND18
INCREASE ACCESS TO COMMUNITY -BASED HOUSING, HEALTH CARE,19
SUPPORTS, AND SERVICES.20
(5) (a) T
HE STATE DEPARTMENT SHALL ONLY REIMBURSE AN OPIOID21
TREATMENT PROGRAM , AS DEFINED IN SECTION 27-80-203, FOR22
ADMINISTERING MEDICATION-ASSISTED TREATMENT IN A JAIL SETTING. AT23
A MINIMUM, AN OPIOID TREATMENT PROGRAM THAT ADMINISTERS24
MEDICATION-ASSISTED TREATMENT SHALL:25
(I) E
MPLOY A PHYSICIAN MEDICAL DIRECTOR ;26
(II) E
NSURE THE INDIVIDUAL RECEIVING MEDICATION -ASSISTED27
HB24-1045
-36- TREATMENT UNDERGOES A MINIMUM OBSERVATION PERIOD AFTER1
RECEIVING MEDICATION-ASSISTED TREATMENT , AS DETERMINED BY2
BEHAVIORAL HEALTH ADMINISTRATION RULE PURSUANT TO SECTION3
27-80-204;
AND4
(III) M
EET ALL CRITICAL INCIDENT REPORTING REQUIREMENTS AS5
DETERMINED BY BEHAVIORAL HEALTH ADMINISTRATION RULE PURSUANT6
TO SECTION 27-80-204.7
(b) T
HE STATE DEPARTMENT SHALL ENSURE AS PART OF THE STATE8
DEPARTMENT'S QUALITY OVERSIGHT THAT OPIOID TREATMENT PROGRAMS9
THAT ADMINISTER MEDICATION -ASSISTED TREATMENT IN A JAIL SETTING10
MAINTAIN EMERGENCY POLICIES AND PROCEDURES THAT ADDRESS11
ADVERSE OUTCOMES.12
(6) T
HE STATE DEPARTMENT MAY EXPAND SERVICES AVAILABLE13
PURSUANT TO THIS SECTION AS AUTHORIZED PURSUANT TO FEDERAL LAW14
AND REGULATIONS. IF THE STATE DEPARTMENT SEEKS TO EXPAND15
SERVICES, THE STATE DEPARTMENT SHALL DEMONSTRATE HOW THE STATE16
DEPARTMENT WILL ENSURE QUALITY OF CARE AND CLIENT SAFETY , WHICH17
MUST INCLUDE ADDRESSING QUALITY AND SAFETY IN ADMINISTERING18
MEDICATIONS IN A JAIL SETTING.19
(7) (a) B
EGINNING JULY 1, 2025, AND EACH JULY 1 THEREAFTER,20
THE STATE DEPARTMENT SHALL ANNUALLY REPORT TO THE HOUSE OF21
REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN22
SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES23
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , THE FOLLOWING24
INFORMATION:25
(I) D
E-IDENTIFIED INFORMATION OF INDIVIDUALS WHO HAVE26
ACCESSED SERVICES, INCLUDING EACH INDIVIDUAL'S DEMOGRAPHICS, THE27
HB24-1045
-37- TYPE OF SERVICES THE INDIVIDUAL ACCESSED , THE DURATION OF THE1
SERVICES OFFERED IN A CARCERAL SETTING COMPARED TO THE DURATION2
OF THE SAME SERVICES OFFERED IN A CIVIL SETTING , AND THE3
INDIVIDUAL'S EXPERIENCES BEFORE AND AFTER INCARCERATION ,4
INCLUDING BUT NOT LIMITED TO:5
(A) E
MERGENCY ROOM OR CRISIS SYSTEM VISITS ;6
(B) I
NPATIENT STAYS FOR A PRIMARY BEHAVIORAL HEALTH7
CONDITION; AND8
(C) S
ERVICES ACCESSED IN A QUALIFIED RESIDENTIAL TREATMENT9
PROGRAM, AS DEFINED IN SECTION 19-1-103, OR A PSYCHIATRIC10
RESIDENTIAL TREATMENT FACILITY , AS DEFINED IN SECTION 25.5-4-103;11
(II) T
HE TOTAL NUMBER OF MEDICAID MEMBERS WHO WERE12
UNHOUSED BEFORE OR AFTER INCARCERATION , IF AVAILABLE;13
(III) T
HE TOTAL NUMBER OF UNIQUE INCARCERATION STAYS BY14
MEDICAID MEMBERS, AS DEMONSTRATED BY THE SERVICES ACCESSED ;15
(IV) T
HE TOTAL NUMBER OF INDIVIDUALS WHO ACCESSED16
SERVICES IN A CIVIL SETTING PRIOR TO ARREST OR DETAINMENT AND WERE17
SUBSEQUENTLY EVALUATED FOR COMPETENCY , ORDERED TO COMPETENCY18
RESTORATION, RESTORED TO COMPETENCY , OR FOUND INCOMPETENT TO19
PROCEED IN A FORENSIC SETTING; AND20
(V) P
ERSISTENT GAPS IN CONTINUITY OF CARE IN21
LEAST-RESTRICTIVE CIVIL SETTINGS.22
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I) TO THE23
CONTRARY, THE STATE DEPARTMENT'S REPORT CONTINUES INDEFINITELY.24
(8) T
HE STATE DEPARTMENT MAY PROMULGATE RULES FOR THE25
IMPLEMENTATION OF THIS SECTION.26
SECTION 18. In Colorado Revised Statutes, 25.5-5-320, amend27
HB24-1045
-38- (7) as follows:1
25.5-5-320. Telemedicine - reimbursement - disclosure2
statement - rules - definition. (7) As used in this section, "health-care or3
mental health-care services" includes speech therapy, physical therapy,4
occupational therapy, dental care, hospice care, home health care,5
SUBSTANCE USE DISORDER TREATMENT , and pediatric behavioral health6
care.7
SECTION 19. In Colorado Revised Statutes, 25.5-5-325, amend8
(1); and add (2.5) as follows:9
25.5-5-325. Partial hospitalization and residential and10
inpatient substance use disorder treatment - medical detoxification11
services - federal approval - performance review report. (1) Subject12
to available appropriations and to the extent permitted under federal law,13
the medical assistance program pursuant to this article 5 and articles 4 and14
6 of this title 25.5 includes
PARTIAL HOSPITALIZATION AND residential and15
inpatient substance use disorder treatment and medical detoxification16
services. Participation in
PARTIAL HOSPITALIZATION AND the residential17
and inpatient substance use disorder treatment and medical detoxification18
services benefit is limited to persons who meet nationally recognized,19
evidence-based level of care criteria for
PARTIAL HOSPITALIZATION OR20
residential and inpatient substance use disorder treatment and medical21
detoxification services. The benefit shall
MUST serve persons with22
substance use disorders, including those with co-occurring mental health23
disorders. All levels of nationally recognized, evidence-based levels of24
care for
PARTIAL HOSPITALIZATION AND residential and inpatient substance25
use disorder treatment and medical detoxification services must be26
included in the benefit.27
HB24-1045
-39- (2.5) NO LATER THAN JULY 1, 2026, THE STATE DEPARTMENT1
SHALL SEEK FEDERAL AUTHORIZATION TO PROVIDE PARTIAL2
HOSPITALIZATION FOR SUBSTANCE USE DISORDER TREATMENT WITH FULL3
FEDERAL FINANCIAL PARTICIPATION . PARTIAL HOSPITALIZATION FOR4
SUBSTANCE USE DISORDER TREATMENT SHALL NOT TAKE EFFECT UNTIL5
FEDERAL APPROVAL HAS BEEN OBTAINED .6
SECTION 20. In Colorado Revised Statutes, 25.5-5-422, amend7
(2) as follows:8
25.5-5-422. Medication-assisted treatment - limitations on9
MCEs - definition. (2) Notwithstanding any provision of law to the10
contrary, beginning January 1, 2020, each MCE that provides prescription11
drug benefits
OR METHADONE ADMINISTRATION for the treatment of12
substance use disorders shall:13
(a) Not impose any prior authorization requirements on any14
prescription medication approved by the FDA for the treatment of15
substance use disorders,
REGARDLESS OF THE DOSAGE AMOUNT ;16
(b) Not impose any step therapy requirements as a prerequisite to17
authorizing coverage for a prescription medication approved by the FDA18
for the treatment of substance use disorders; and
19
(c) Not exclude coverage for any prescription medication approved20
by the FDA for the treatment of substance use disorders and any21
associated counseling or wraparound services solely on the grounds that22
the medications and services were court ordered;
AND23
(d) S
ET THE REIMBURSEMENT RATE FOR TAKE -HOME METHADONE24
TREATMENT AND OFFICE-ADMINISTERED METHADONE TREATMENT AT THE25
SAME RATE.26
SECTION 21. In Colorado Revised Statutes, add 27-60-116 as27
HB24-1045
-40- follows:1
27-60-116. Withdrawal management facilities - data collection2
- approval of admission criteria - definition - repeal. (1) (a) N
O LATER3
THAN JULY 1, 2025, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL4
COLLECT DATA FROM EACH WITHDRAWAL MANAGEMENT FACILITY ON THE5
TOTAL NUMBER OF INDIVIDUALS WHO WERE DENIED ADMITTANCE OR6
TREATMENT FOR WITHDRAWAL MANAGEMENT DURING THE PREVIOUS7
CALENDAR YEAR AND THE REASON FOR THE DENIAL .8
(b) T
HE BHA SHALL SHARE THE DATA RECEIVED FROM9
WITHDRAWAL MANAGEMENT FACILITIES PURSUANT TO SUBSECTION (1)(a)10
OF THIS SECTION WITH BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES11
ORGANIZATIONS.12
(2) B
EGINNING JANUARY 1, 2025, THE BHA SHALL REVIEW AND13
APPROVE ANY ADMISSION CRITERIA ESTABLISHED BY A WITHDRAWAL14
MANAGEMENT FACILITY, AS DEFINED IN SECTION 27-66.5-102.15
(3) A
S USED IN THIS SECTION, "WITHDRAWAL MANAGEMENT16
FACILITY" HAS THE SAME MEANING AS SET FORTH IN SECTION 27-66.5-102.17
SECTION 22. In Colorado Revised Statutes, add 25.5-5-427 as18
follows:19
25.5-5-427. Managed care entities - behavioral health20
providers - disclosure of reimbursement rates. T
HE STATE DEPARTMENT21
SHALL REQUIRE EACH MCE THAT CONTRACTS WITH THE STATE22
DEPARTMENT TO DISCLOSE THE AGGREGATED AVERAGE AND LOWEST23
RATES OF REIMBURSEMENT FOR A SET OF BEHAVIORAL HEALTH SERVICES24
DETERMINED BY THE STATE DEPARTMENT .25
SECTION 23. In Colorado Revised Statutes, add 25.5-5-512.5 as26
follows:27
HB24-1045
-41- 25.5-5-512.5. Medications for opioid use disorder - pharmacists1
- reimbursement - definition. (1) A
S USED IN THIS SECTION, UNLESS THE2
CONTEXT OTHERWISE REQUIRES, "MEDICATIONS FOR OPIOID USE DISORDER"3
OR "MOUD" HAS THE MEANING AS SET FORTH IN SECTION 12-280-1034
(27.5).5
(2) T
HE STATE DEPARTMENT SHALL REIMBURSE A LICENSED6
PHARMACIST FOR PRESCRIBING OR ADMINISTERING MEDICATIONS FOR AN7
OPIOID USE DISORDER, IF THE PHARMACIST IS AUTHORIZED PURSUANT TO8
ARTICLE 280 OF TITLE 12, AT A RATE EQUAL TO THE REIMBURSEMENT9
PROVIDED TO A PHYSICIAN , PHYSICIAN ASSISTANT, OR ADVANCED10
PRACTICE REGISTERED NURSE FOR THE SAME SERVICES .11
(3) T
HE STATE DEPARTMENT SHALL SEEK ANY FEDERAL12
AUTHORIZATION NECESSARY TO IMPLEMENT THIS SECTION .13
SECTION 24. In Colorado Revised Statutes, 26.5-3-206, add (4)14
as follows:15
26.5-3-206. Colorado child abuse prevention trust fund -16
creation - source of funds - repeal. (4) (a) F
OR THE 2024-25 STATE17
FISCAL YEAR AND EACH STATE FISCAL YEAR THEREAFTER , THE GENERAL18
ASSEMBLY SHALL APPROPRIATE ONE HUNDRED FIFTY THOUSAND DOLLARS19
TO THE TRUST FUND . THE BOARD SHALL DISTRIBUTE THE MONEY20
APPROPRIATED PURSUANT TO THIS SUBSECTION (4)(a) FOR PROGRAMS TO21
REDUCE THE OCCURRENCE OF PRENATAL SUBSTANCE EXPOSURE IN22
ACCORDANCE WITH SECTION 26.5-3-205 (1)(h)(III).23
(b) (I) F
OR THE 2024-25 AND 2025-26 STATE FISCAL YEARS, THE24
GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE FIFTY THOUSAND25
DOLLARS TO THE TRUST FUND. THE BOARD SHALL DISTRIBUTE THE MONEY26
APPROPRIATED PURSUANT TO THIS SUBSECTION (4)(b) TO CONVENE A27
HB24-1045
-42- STAKEHOLDER GROUP TO IDENTIFY STRATEGIES TO INCREASE ACCESS TO1
CHILD CARE FOR FAMILIES SEEKING SUBSTANCE USE DISORDER TREATMENT2
AND RECOVERY SERVICES , INCLUDING STRATEGIES TO INCLUDE3
ENROLLMENT IN SUBSTANCE USE DISORDER TREATMENT SERVICES AS AN4
ELIGIBLE ACTIVITY TO QUALIFY FOR THE COLORADO CHILD CARE5
ASSISTANCE PROGRAM.6
(II) T
HIS SUBSECTION (4)(b) IS REPEALED, EFFECTIVE JUNE 30,7
2027.8
SECTION 25. In Colorado Revised Statutes, 27-50-107, add9
(3)(e)(III) as follows:10
27-50-107. State board of human services - rules. (3) The state11
board of human services may promulgate rules that include, but are not12
limited to:13
(e) (III) U
NLESS PROHIBITED BY RULES PROMULGATED BY THE14
STATE BOARD OF ADDICTION COUNSELOR EXAMINERS PURSUANT TO PART15
8
OF ARTICLE 245 OF TITLE 12, THE RULES PROMULGATED PURSUANT TO16
THIS SUBSECTION (3)(e) RELATING TO STANDARDS FOR CERTIFICATION AND17
EDUCATION REQUIREMENTS FOR CERTIFIED ADDICTION TECHNICIANS ,18
CERTIFIED ADDICTION SPECIALISTS , AND LICENSED ADDICTION19
COUNSELORS MUST AUTHORIZE A PERSON HOLDING A VALID ,20
UNSUSPENDED, AND UNREVOKED LICENSE AS A LICENSED CLINICAL SOCIAL21
WORKER IN COLORADO OR A LICENSED PROFESSIONAL COUNSELOR IN22
C
OLORADO TO PROVIDE CLINICAL SUPERVISION FOR CERTIFICATION23
PURPOSES TO A PERSON WORKING TOWARD CERTIFICATION AS A CERTIFIED24
ADDICTION TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST , IF THE25
LICENSED CLINICAL SOCIAL WORKER OR LICENSED PROFESSIONAL26
COUNSELOR IS ACTING WITHIN THE SCOPE OF PRACTICE FOR THE RELEVANT27
HB24-1045
-43- LICENSE AND IS QUALIFIED BASED ON EDUCATION OR EXPERIENCE TO1
PROVIDE CLINICAL SUPERVISION FOR THE CLINIC WORK HOURS .2
SECTION 26. In Colorado Revised Statutes, add 27-50-305 as3
follows:4
27-50-305. Resources to support behavioral health safety net5
providers - independent third-party contract. (1) N
O LATER THAN6
J
ULY 1, 2025, THE BHA SHALL CONTRACT WITH AN INDEPENDENT7
THIRD-PARTY ENTITY TO PROVIDE SERVICES AND SUPPORTS TO8
BEHAVIORAL HEALTH PROVIDERS SEEKING TO BECOME A BEHAVIORAL9
HEALTH SAFETY NET PROVIDER WITH THE GOAL OF THE PROVIDER10
BECOMING SELF-SUSTAINING.11
(2) T
HE INDEPENDENT THIRD -PARTY ENTITY SHALL ASSIST12
BEHAVIORAL HEALTH PROVIDERS IN ACCESSING ALTERNATIVE PAYMENT13
MODELS AND ENHANCED REIMBURSEMENT RATES THROUGH THE BHA AND14
MEDICAID BY PROVIDING:15
(a) S
UPPORT TO PROVIDERS IN COMPLETING THE ANNUAL COST16
REPORTING TO INFORM MEDICAID RATE -SETTING;17
(b) A
NALYSIS OF CURRENT ACCOUNTING PRACTICES AND18
RECOMMENDATIONS ON IMPLEMENTING NEW OR MODIFIED PRACTICES TO19
SUPPORT THE SOUNDNESS OF COST REPORTING ;20
(c) A
DMINISTRATIVE SUPPORT FOR ENROLLING IN DIFFERENT PAYER21
TYPES, INCLUDING, BUT NOT LIMITED TO, MEDICAID, MEDICARE, AND22
COMMERCIAL INSURANCE ;23
(d) B
ILLING AND CODING SUPPORT;24
(e) C
LAIMS PROCESSING;25
(f) D
ATA ANALYSIS;26
(g) C
OMPLIANCE AND TRAINING ON POLICIES AND PROCEDURES ;27
HB24-1045
-44- (h) SHARED PURCHASING FOR TECHNOLOGY ;1
(i) A
SSISTANCE IN BUILDING PROVIDER CAPACITY TO BECOME A2
BEHAVIORAL HEALTH SAFETY NET PROVIDER ; AND3
(j) A
NY OTHER SERVICE AND SUPPORT APPROVED BY THE BHA.4
(3) T
HE INDEPENDENT THIRD-PARTY ENTITY SHALL PRIORITIZE5
PROVIDING SERVICES AND SUPPORTS TO A BEHAVIORAL HEALTH PROVIDER6
THAT HAS NOT PREVIOUSLY USED THE STATE COST REPORT PROCESS TO SET7
MEDICAID RATES.8
(4) T
HE INDEPENDENT THIRD -PARTY ENTITY SHALL BE9
NONPARTISAN AND SHALL NOT LOBBY , PERSONALLY OR IN ANY OTHER10
MANNER, DIRECTLY OR INDIRECTLY , FOR OR AGAINST ANY PENDING11
LEGISLATION BEFORE THE GENERAL ASSEMBLY .12
SECTION 27. In Colorado Revised Statutes, add 27-50-804 as13
follows:14
27-50-804. Contingency management grant program - creation15
- definitions - repeal. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT16
OTHERWISE REQUIRES:17
(a) "C
ONTINGENCY MANAGEMENT PROGRAM " MEANS AN18
EVIDENCE-BASED TREATMENT PROGRAM THAT PROVIDES MOTIVATIONAL19
INCENTIVES TO TREAT INDIVIDUALS WITH A STIMULANT USE DISORDER .20
(b) "G
RANT PROGRAM" MEANS THE CONTINGENCY MANAGEMENT21
GRANT PROGRAM CREATED IN SUBSECTION (2) OF THIS SECTION.22
(c) "S
TIMULANT USE DISORDER " MEANS A SUBSTANCE USE23
DISORDER, AS DEFINED IN SECTION 27-80-203 (23.3), INVOLVING A CLASS24
OF DRUGS THAT INCLUDES COCAINE , METHAMPHETAMINE , OR25
PRESCRIPTION STIMULANTS.26
(d) "S
UBSTANCE USE DISORDER TREATMENT PROGRAM " HAS THE27
HB24-1045
-45- SAME MEANING AS SET FORTH IN SECTION 27-80-203 (23.5).1
(2) T
HERE IS CREATED IN THE BEHAVIORAL HEALTH2
ADMINISTRATION THE CONTINGENCY MANAGEMENT GRANT PROGRAM TO3
PROVIDE GRANTS TO SUBSTANCE USE DISORDER TREATMENT PROGRAMS4
THAT IMPLEMENT A CONTINGENCY MANAGEMENT PROGRAM FOR5
INDIVIDUALS WITH A STIMULANT USE DISORDER .6
(3) (a) G
RANT RECIPIENTS MAY USE THE MONEY RECEIVED7
THROUGH THE GRANT PROGRAM FOR STAFFING , TRAINING, SUPPLIES,8
ADMINISTRATIVE COSTS, THE COSTS OF VOUCHERS AND PRIZES UP TO FIVE9
HUNDRED NINETY-NINE DOLLARS PER CLIENT DURING THE TREATMENT10
PERIOD, AND OTHER RELATED EXPENSES AS APPROVED BY THE BHA.11
(b) A
NY MONEY RECEIVED THROUGH THE GRANT PROGRAM MUST12
SUPPLEMENT AND NOT SUPPLANT EXISTING SUBSTANCE USE DISORDER13
TREATMENT AND OTHER HEALTH -CARE SERVICES. GRANT RECIPIENTS14
SHALL NOT USE MONEY RECEIVED THROUGH THE GRANT PROGRAM FOR15
ONGOING OR EXISTING EXECUTIVE AND SENIOR STAFF SALARIES OR16
SERVICES ALREADY COVERED BY MEDICAID OR A CLIENT 'S INSURANCE.17
(4) T
HE BHA SHALL ADMINISTER THE GRANT PROGRAM AND ,18
SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD GRANTS AS19
PROVIDED IN THIS SECTION.20
(5) I
N SELECTING GRANT RECIPIENTS, THE BHA SHALL PRIORITIZE21
APPLICANTS THAT RESIDE IN A JURISDICTION WITH DEMONSTRATED NEED22
TO HELP MITIGATE OVERDOSE INCIDENTS AND OVERDOSE DEATHS .23
(6) T
HE BHA MAY CONTRACT WITH A GRANT APPLICATION AND24
SUPPORT TEAM TO ASSIST THE BHA WITH DRAFTING THE GRANT25
APPLICATION, REVIEWING APPLICATIONS , AND ADMINISTERING AND26
PROCESSING GRANT AWARDS .27
HB24-1045
-46- (7) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.1
SECTION 28. In Colorado Revised Statutes, add 27-50-805 as2
follows:3
27-50-805. Correctional services provider - license required -4
reports of abuse, neglect, and violations of health and safety -5
definition. (1) A
S USED IN THIS SECTION, "CORRECTIONAL SERVICES6
PROVIDER" MEANS A COUNTY JAIL LICENSED BY THE BEHAVIORAL HEALTH7
ADMINISTRATION TO PROVIDE SERVICES TO INCARCERATED MEDICAID8
MEMBERS PURSUANT TO SECTION 25.5-4-505.5.9
(2) (a) B
EGINNING JULY 1, 2026, A COUNTY JAIL SHALL NOT10
PROVIDE SERVICES TO INCARCERATED MEDICAID MEMBERS PURSUANT TO11
SECTION 25.5-4-505.5 WITHOUT A CORRECTIONAL SERVICES PROVIDER12
LICENSE FROM THE BHA.13
(b) B
EGINNING JULY 1, 2026, A COUNTY JAIL SEEKING INITIAL14
LICENSURE AS A CORRECTIONAL SERVICES PROVIDER SHALL APPLY FOR A15
CORRECTIONAL SERVICES PROVIDER LICENSE FROM THE BHA. THE BHA16
SHALL TAKE ACTION ON AN APPLICATION FOR LICENSURE WITHIN THIRTY17
DAYS AFTER THE DATE THE BHA RECEIVES ALL OF THE NECESSARY18
INFORMATION AND DOCUMENTATION REQUIRED FOR LICENSURE FROM THE19
APPLICANT.20
(3) N
O LATER THAN JANUARY 1, 2026, THE BHA SHALL21
PROMULGATE RULES PROVIDING MINIMUM HEALTH , SAFETY, AND QUALITY22
STANDARDS FOR CORRECTIONAL SERVICES PROVIDERS THAT PROVIDE23
SERVICES TO INCARCERATED MEDICAID MEMBERS PURSUANT TO SECTION24
25.5-4-505.5.25
(4) T
HIS SECTION DOES NOT AUTHORIZE THE BHA TO CLOSE A26
COUNTY JAIL FOR VIOLATING THE PROVISIONS OF THIS SECTION; HOWEVER,27
HB24-1045
-47- THE BHA MAY REPORT ANY INCIDENCES OF ABUSE , NEGLECT, OR ANY1
OTHER VIOLATIONS OF HEALTH AND SAFETY TO THE APPROPRIATE STATE2
AND FEDERAL REGULATORY ENTITIES .3
SECTION 29. In Colorado Revised Statutes, add 27-60-117 as4
follows:5
27-60-117. Opioid treatment program working group - report6
- repeal. (1) O
N OR BEFORE OCTOBER 1, 2024, THE BEHAVIORAL HEALTH7
ADMINISTRATION SHALL CONVENE A WORKING GROUP , IN COLLABORATION8
WITH THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING , TO9
STUDY AND IDENTIFY BARRIERS TO OPENING AND OPERATING AN OPIOID10
TREATMENT PROGRAM , AS DEFINED IN SECTION 27-80-203 (16.5),11
INCLUDING SATELLITE MEDICATION UNITS AND MOBILE METHADONE12
CLINICS.13
(2) A
T A MINIMUM, THE WORKING GROUP SHALL INCLUDE :14
(a) A
N ADDICTION COUNSELOR;15
(b) T
HE MEDICAL DIRECTOR OF AN OPIOID TREATMENT PROGRAM ;16
(c) T
HE DIRECTOR OR CLINIC MANAGER OF AN OPIOID TREATMENT17
PROGRAM;18
(d) A
PHYSICIAN WHO IS BOARD CERTIFIED IN ADDICTION MEDICINE19
OR ADDICTION PSYCHIATRY;20
(e) A
N INDIVIDUAL WHO RESIDES IN A RURAL UNDERSERVED21
COMMUNITY AND HAS LIVED EXPERIENCE WITH A SUBSTANCE USE22
DISORDER OR HAS A FAMILY MEMBER WITH LIVED EXPERIENCE WITH A23
SUBSTANCE USE DISORDER; AND24
(f) A
N INDIVIDUAL WHO RESIDES IN AN URBAN UNDERSERVED25
COMMUNITY AND HAS LIVED EXPERIENCE WITH A SUBSTANCE USE26
DISORDER OR HAS A FAMILY MEMBER WITH LIVED EXPERIENCE WITH A27
HB24-1045
-48- SUBSTANCE USE DISORDER.1
(3) T
HE WORKING GROUP SHALL COMPLETE ITS WORK AND MAKE2
RECOMMENDATIONS TO THE BE HAVIORAL HEALTH ADMINISTRATION ON OR3
BEFORE OCTOBER 1, 2025. AT A MINIMUM, THE WORKING GROUP 'S4
RECOMMENDATIONS MUST INCLUDE AN ASSESSMENT OF EXISTING5
COMMUNITY PROVIDERS, INCLUDING HOSPITALS AND CLINICS, THAT HAVE6
THE CAPABILITY TO OPERATE SATELLITE MEDICATION UNITS OR MOBILE7
METHADONE CLINICS IN COMMUNITIES WITH THE GREATEST NEED AND THE8
TYPES OF TECHNICAL ASSISTANCE NECESSARY TO ASSIST COMMUNITY9
PROVIDERS IN OPENING SUCH UNITS OR CLINICS.10
(4) N
O LATER THAN JANUARY 2026, THE BEHAVIORAL HEALTH11
ADMINISTRATION SHALL REPORT THE WORKING GROUP 'S FINDINGS AND12
RECOMMENDATIONS AS PART OF ITS "SMART ACT" HEARING REQUIRED13
PURSUANT TO SECTION 2-7-203.14
(5) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.15
SECTION 30. Act subject to petition - effective date. Section16
27-60-116 (1)(b), as enacted in section 21 of this act, takes effect July 1,17
2025, and the remainder of this act takes effect at 12:01 a.m. on the day18
following the expiration of the ninety-day period after final adjournment19
of the general assembly; except that, if a referendum petition is filed20
pursuant to section 1 (3) of article V of the state constitution against this21
act or an item, section, or part of this act within such period, then the act,22
item, section, or part will not take effect unless approved by the people at23
the general election to be held in November 2024 and, in such case, will24
take effect on the date of the official declaration of the vote thereon by the25
governor.26
HB24-1045
-49-