Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0314.01 Shelby Ross x4510
HOUSE BILL 24-1045
House Committees Senate Committees
Health & Human Services Health & Human Services
Finance Appropriations
Legislative Council
Appropriations
A BILL FOR AN ACT
C
ONCERNING TREATMENT FOR SUBSTANCE USE
DISORDERS, AND, IN101
CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
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
SENATE
2nd Reading Unamended
May 4, 2024
HOUSE
Amended 3rd Reading
April 29, 2024
HOUSE
Amended 2nd Reading
April 26, 2024
HOUSE SPONSORSHIP
Armagost and deGruy Kennedy, Young, Epps, Amabile, Bird, Boesenecker, Brown,
Clifford, Daugherty, Duran, Froelich, Garcia, Hamrick, Hernandez, Jodeh, Joseph, Kipp,
Lieder, Lindsay, Lindstedt, Lynch, Mabrey, Martinez, McCluskie, Ortiz, Parenti, Rutinel,
Sirota, Snyder, Story, Titone, Valdez, Vigil, Willford, Woodrow
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. medication-assisted treatment (MAT) pursuant to a collaborative
pharmacy practice agreement (collaborative agreement) at a rate equal to
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
1045
-2- of medication-assisted treatment, physical and psychiatric prescription
medications provided upon release from jail, case management, and care
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
1045
-3- that implement a contingency management program for individuals with
a stimulant use disorder.
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, 10-16-144, add (3)10
as follows:11
10-16-144. Health-care services provided by pharmacists.12
(3) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS13
SECTION TO THE CONTRARY, A HEALTH BENEFIT PLAN DESCRIBED IN14
SUBSECTION (1) OF THIS SECTION THAT PROVIDES TREATMENT FOR15
SUBSTANCE USE DISORDERS SHALL REIMBURSE A LICENSED PHARMACIST16
ACTING WITHIN THE LICENSED PHARMACIST'S SCOPE OF PRACTICE, AND IN17
ACCORDANCE WITH THE REQUIREMENTS IN PART 6 OF ARTICLE 280 OF18
TITLE 12, FOR THE PROVISION OF MEDICATION -ASSISTED TREATMENT19
SERVICES IF THE HEALTH BENEFIT PLAN PROVIDES COVERAGE FOR THE20
1045-4- SAME SERVICES PROVIDED BY A LICENSED PHYSICIAN OR AN ADVANCED1
PRACTICE REGISTERED NURSE.2
(b) A HEALTH BENEFIT PLAN REIMBURSING A LICENSED3
PHARMACIST PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION SHALL4
REIMBURSE A LICENSED PHARMACIST AT THE SAME RATE THAT THE5
HEALTH BENEFIT PLAN REIMBURSES A LICENSED PHYSICIAN OR AN6
ADVANCED PRACTICE REGISTERED NURSE WITHIN THE HEALTH BENEFIT7
PLAN'S NETWORK OF PARTICIPATING PROVIDERS FOR THE SAME SERVICES.8
9
SECTION 3. In Colorado Revised Statutes, 12-245-403, add (5)10
as follows:11
12-245-403. Social work practice defined. (5) S
OCIAL WORK12
PRACTICE INCLUDES THE CLINICAL SUPERVISION BY A LICENSED CLINICAL13
SOCIAL WORKER OF A PERSON WORKING TOWARD CERTIFICATION AS A14
CERTIFIED ADDICTION TECHNICIAN OR A CERTIFIED ADDICTION
SPECIALIST15
PURSUANT TO SECTION 12-245-804 (3.5), IF THE LICENSED CLINICAL16
SOCIAL WORKER HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED17
ADDICTION COUNSELOR, OR THE EQUIVALENT, AS SPECIFIED IN RULES18
PROMULGATED BY THE STATE BOARD OF HUMAN SERVICES PURSUANT TO19
SECTION 27-80-108 (1)(e.5) OR 27-50-107 (3)(e)(II), AS APPLICABLE.20
SECTION 4. In Colorado Revised Statutes, 12-245-503, add (5)21
as follows:22
12-245-503. Marriage and family therapy practice defined.23
(5) MARRIAGE AND FAMILY THERAPY PRACTICE INCLUDES THE CLINICAL24
SUPERVISION BY A LICENSED MARRIAGE AND FAMILY THERAPIST OF A25
PERSON WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION26
TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST PURSUANT TO SECTION27
1045
-5- 12-245-804 (3.5), IF THE LICENSED MARRIAGE AND FAMILY THERAPIST HAS1
MET THE EDUCATION REQUIREMENTS FOR A LICENSED ADDICTION2
COUNSELOR, OR THE EQUIVALENT, AS SPECIFIED IN RULES PROMULGATED3
BY THE STATE BOARD OF HUMAN SERVICES PURSUANT TO SECTION4
27-80-108 (1)(e.5) OR 27-50-107 (3)(e)(II), AS APPLICABLE.5
SECTION 5. In Colorado Revised Statutes, 12-245-504, add6
(1.5) as follows:7
12-245-504. Qualifications - examination - licensure and8
registration. (1.5) A LICENSED ADDICTION COUNSELOR WHO POSSESSES9
A VALID, UNSUSPENDED, AND UNREVOKED LICENSE MAY PROVIDE10
CLINICAL SUPERVISION OF AN INDIVIDUAL WORKING TOWARD LICENSURE11
AS A MARRIAGE AND FAMILY THERAPIST IF THE LICENSED ADDICTION12
COUNSELOR HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED13
MARRIAGE AND FAMILY THERAPIST, OR THE EQUIVALENT, AS SPECIFIED IN14
RULES PROMULGATED BY THE STATE BOARD OF MARRIAGE AND FAMILY15
THERAPIST EXAMINERS CREATED IN SECTION 12-245-502.16
SECTION 6. In Colorado Revised Statutes, 12-245-603, add (3)17
as follows:18
12-245-603. Practice of licensed professional counseling19
defined. (3) T
HE PRACTICE OF PROFESSIONAL COUNSELING INCLUDES THE20
CLINICAL SUPERVISION BY A LICENSED PROFESSIONAL COUNSELOR OF A21
PERSON WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION22
TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST PURSUANT TO SECTION23
12-245-804 (3.5), IF THE LICENSED PROFESSIONAL COUNSELOR HAS MET24
THE EDUCATION REQUIREMENTS FOR A LICENSED ADDICTION COUNSELOR,25
OR THE EQUIVALENT, AS SPECIFIED IN RULES PROMULGATED BY THE STATE26
BOARD OF HUMAN SERVICES PURSUANT TO SECTION 27-80-108 (1)(e.5) OR27
1045
-6- 27-50-107 (3)(e)(II), AS APPLICABLE.1
SECTION 7. In Colorado Revised Statutes, 12-245-604, add2
(1.5) as follows:3
12-245-604. Licensure - examination - licensed professional4
counselors. (1.5) A LICENSED ADDICTION COUNSELOR WHO POSSESSES A5
VALID, UNSUSPENDED, AND UNREVOKED LICENSE MAY PROVIDE CLINICAL6
SUPERVISION OF AN INDIVIDUAL WORKING TOWARD LICENSURE AS A7
LICENSED PROFESSIONAL COUNSELOR IF THE LICENSED ADDICTION8
COUNSELOR HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED9
PROFESSIONAL COUNSELOR, OR THE EQUIVALENT, AS SPECIFIED IN RULES10
PROMULGATED BY THE STATE BOARD OF LICENSED PROFESSIONAL11
COUNSELOR EXAMINERS CREATED IN SECTION .12
SECTION 8. In Colorado Revised Statutes, 12-285-803, add (5)13
as follows:14
12-245-803. Practice of addiction counseling defined - scope of15
practice. (5) THE PRACTICE OF ADDICTION COUNSELING INCLUDES16
CLINICAL SUPERVISION BY A LICENSED ADDICTION COUNSELOR OF A17
PERSON WORKING TOWARD LICENSURE AS A MARRIAGE AND FAMILY18
THERAPIST, PURSUANT TO SECTION 12-245-504 (1), OR A LICENSED19
PROFESSIONAL COUNSELOR, PURSUANT TO SECTION 12-245-604 (1), IF THE20
LICENSED ADDICTION C OUNSELOR HAS MET THE EDUCATION21
REQUIREMENTS FOR A LICENSED MARRIAGE AND FAMILY THERAPIST OR22
LICENSED PROFESSIONAL COUNSELOR, OR THE EQUIVALENT, AS SPECIFIED23
IN RULES PROMULGATED BY THE STATE BOARD OF MARRIAGE AND FAMILY24
THERAPIST EXAMINERS CREATED IN SECTION 12-245-502 OR THE STATE25
BOARD OF LICENSED PROFESSIONAL COUNSELOR EXAMINERS CREATED IN26
SECTION 12-245-602, AS APPLICABLE.27
1045
-7- SECTION 9. In Colorado Revised Statutes, 12-245-805, add1
(2.5)(c) as follows:2
12-245-805. Rights and privileges of certification and licensure3
- titles - clinical supervision. (2.5) (c) NOTWITHSTANDING ANY4
PROVISION OF THIS TITLE 12 TO THE CONTRARY, A LICENSED CLINICAL5
SOCIAL WORKER, PURSUANT TO SECTION 12-245-403 (5), A LICENSED6
MARRIAGE AND FAMILY THERAPIST , PURSUANT TO SECTION 12-245-5037
(5), OR A LICENSED PROFESSIONAL COUNSELOR, PURSUANT TO SECTION8
12-245-603 (3), WHO POSSESSES A VALID, UNSUSPENDED, AND9
UNREVOKED LICENSE MAY PROVIDE CLINICAL SUPERVISION OF AN10
INDIVIDUAL WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION11
TECHNICIAN OR CERTIFIED ADDICTION SPECIALIST IF THE LICENSED12
CLINICAL SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST,13
OR LICENSED PROFESSIONAL COUNSELOR HAS MET THE EDUCATION14
REQUIREMENTS FOR A LICENSED ADDICTION COUNSELOR , OR THE15
EQUIVALENT, AS SPECIFIED IN RULES PROMULGATED BY THE STATE BOARD16
OF HUMAN SERVICES PURSUANT TO SECTION 27-80-108 (1)(e.5) OR17
27-50-107 (3)(e)(II), AS APPLICABLE. 18
SECTION 10. In Colorado Revised Statutes, 12-280-103, amend19
(39)(g)(III), (39)(g)(IV)(C), (39)(j), and (39)(k); and add (27.5),20
(39)(g)(V), and (39)(l) as follows:21
12-280-103. Definitions - rules. As used in this article 280, unless22
the context otherwise requires or the term is otherwise defined in another23
part of this article 280:24
(27.5) "M
EDICATIONS FOR OPIOID USE DISORDER " OR "MOUD"25
MEANS TREATMENT FOR AN OPIOID USE DISORDER USING MEDICATIONS26
APPROVED BY THE FDA FOR THAT PURPOSE AND PRESCRIBED, DISPENSED,27
1045
-8- OR ADMINISTERED IN ACCORDANCE WITH NATIONAL , EVIDENCE-BASED1
PUBLISHED GUIDANCE.2
(39) "Practice of pharmacy" means:3
(g) Exercising independent prescriptive authority:4
(III) As authorized pursuant to sections 12-30-110 and5
12-280-123 (3) regarding opiate antagonists; or6
(IV) For drugs that are not controlled substances, drug categories,7
or devices that are prescribed in accordance with the product's8
FDA-approved labeling and to patients who are at least twelve years of9
age and that are limited to conditions that:10
(C) Have a test that is used to guide diagnosis or clinical11
decision-making and is waived under the federal "Clinical Laboratory12
Improvement Amendments of 1988", Pub.L. 100-578, as amended;
OR13
(V) F
OR ANY FDA-APPROVED PRODUCT INDICATED FOR OPIOID14
USE DISORDER IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS ,15
INCLUDING MEDICATIONS FOR OPIOID USE DISORDER , IF AUTHORIZED16
PURSUANT TO PART 6 OF THIS ARTICLE 280.17
(j) Performing other tasks delegated by a licensed physician; and
18
(k) Providing treatment that is based on national, evidence-based,19
published guidance;
AND20
(l) D
ISPENSING OR ADMINISTERING ANY FDA-APPROVED PRODUCT21
FOR OPIOID USE DISORDER IN ACCORDANCE WITH FEDERAL LAW AND22
REGULATIONS, INCLUDING MEDICATIONS FOR OPIOID USE DISORDER .23
SECTION
11. In Colorado Revised Statutes, add 12-280-604 as24
follows:25
12-280-604. Collaborative pharmacy practice agreement -26
statewide drug therapy protocol for medication-assisted treatment27
1045
-9- for opioid use disorder - rules - definition. (1) A S USED IN THIS1
SECTION, "MEDICATION-ASSISTED TREATMENT" MEANS A COMBINATION OF2
MEDICATIONS AND BEHAVIORAL THERAPY , SUCH AS BUPRENORPHINE AND3
ALL OTHER MEDICATIONS AND THERAPIES APPROVED BY THE FEDERAL4
FOOD AND DRUG ADMINISTRATION , TO TREAT OPIOID USE DISORDER.5
(2) (a) PURSUANT TO SECTION 12-280-603, THE BOARD, IN6
CONJUNCTION WITH THE COLORADO MEDICAL BOARD CREATED IN SECTION7
12-240-105
AND THE STATE BOARD OF NURSING CREATED IN SECTION8
12-255-105,
SHALL PROMULGATE RULES
NO LATER THAN MAY 1, 2025,9
DEVELOPING A STATEWIDE DRUG THERAPY PROTOCOL FOR PHARMACISTS10
TO PRESCRIBE, DISPENSE, AND ADMINISTER ONLY FEDERAL DRUG11
ENFORCEMENT ADMINISTRATION SCHEDULE III, IV, AND V12
FDA-APPROVED PRODUCTS AS MEDICATION-ASSISTED TREATMENT FOR13
OPIOID USE DISORDER.14
(b) IN DEVELOPING THE STATEWIDE DRUG THERAPY PROTOCOL ,15
THE APPLICABLE BOARDS SHALL CONSIDER REQUIREMENTS FOR TRAINING ,16
INCLUDING A PROGRAM ACCREDITED BY THE ACCREDITATION COUNCIL17
FOR PHARMACY EDUCATION, OR ITS SUCCESSOR ENTITY; PATIENT NOTICE18
AND CONSENT; PROVIDER REFERRAL CRITERIA; LAB SCREENING AND19
TESTING; MONITORING; PATIENT PRIVACY; AND PATIENT FOLLOW-UP CARE20
AND COUNSELING. THE RULES DEVELOPED PURSUANT TO SUBSECTION21
(2)(a) OF THIS SECTION MUST SPECIFY THAT ANY COLLABORATING22
ENTITIES UTILIZING THE PROTOCOL ARE CLEARLY IDENTIFIED .23
(3) T
HIS SECTION DOES NOT REQUIRE A STATEWIDE DRUG THERAPY24
PROTOCOL OR COLLABORATIVE PHARMACY PRACTICE AGREEMENT BEFORE25
A PHARMACIST MAY PRESCRIBE, DISPENSE, OR ADMINISTER
ONLY FEDERAL26
DRUG ENFORCEMENT ADMINISTRATION SCHEDULE III, IV, AND V27
1045
-10- FDA-APPROVED PRODUCTS AS MEDICATION -ASSISTED TREATMENT, IF THE1
PRESCRIBING, DISPENSING, OR ADMINISTERING MEDICATION -ASSISTED2
TREATMENT IS OTHERWISE AUTHORIZED UNDER LAW .3
4
SECTION 12. In Colorado Revised Statutes, 23-21-802, amend5
(1)(h)(I) as follows:6
23-21-802. Legislative declaration. (1) The general assembly7
finds that:8
(h) In order to increase access to addiction treatment in areas of9
the state where opioid addiction is prevalent, it is necessary to establish10
a pilot program to award grants to:11
(I) Organizations, or practices, OR PHARMACIES with nurse12
practitioners, and physician assistants, OR PHARMACISTS to enable them13
to obtain the training and ongoing support required to prescribe14
medications, such as buprenorphine and all other medications and15
therapies approved by the federal food and drug administration, to treat16
opioid use disorders; and17
SECTION 13. In Colorado Revised Statutes, 23-21-803, add18
(5.3) as follows:19
23-21-803. Definitions. As used in this part 8, unless the context20
otherwise requires:21
(5.3) "P
HARMACIST" MEANS AN INDIVIDUAL LICENSED IN22
C
OLORADO TO ENGAGE IN THE PRACTICE OF PHARMACY WHO IS23
PRESCRIBING MEDICATION-ASSISTED TREATMENT PURSUANT TO PART 6 OF24
ARTICLE 280 OF TITLE 12.25
SECTION
14. In Colorado Revised Statutes, 23-21-804, amend26
(1) and (2) as follows:27
1045
-11- 23-21-804. Medication-assisted treatment expansion pilot1
program - created - pilot program location - eligible grant recipients2
- rules. (1) (a) There is hereby created the medication-assisted treatment3
expansion pilot program to provide grants to community agencies,4
office-based practices, behavioral health organizations, and substance5
abuse treatment organizations,
AND PHARMACIES to enable:6
(I) Nurse practitioners or physician assistants working in those7
settings to obtain training and ongoing support required under the federal8
act in order to prescribe buprenorphine and all other medications and9
therapies approved by the federal food and drug administration as part of10
medication-assisted treatment provided to individuals with an opioid use11
disorder; and
12
(II) Those agencies, practices, and organizations to provide13
behavioral therapies and support in conjunction with medication-assisted14
treatment for individuals with an opioid use disorder;
AND15
(III) P
HARMACISTS AUTHORIZED UNDER A STATEWIDE DRUG16
THERAPY PROTOCOL PURSUANT TO SECTION 12-280-605, A17
COLLABORATIVE PHARMACY PRACTICE AGREEMENT PURSUANT TO PART18
6
OF ARTICLE 280 OF TITLE 12, OR OTHERWISE AUTHORIZED UNDER LAW TO19
PRESCRIBE, DISPENSE, OR ADMINISTER MEDICATION-ASSISTED TREATMENT20
FOR INDIVIDUALS WITH AN OPIOID USE DISORDER .21
(b) The MAT expansion pilot program is available to provide22
grants to community agencies, office-based practices, behavioral health23
organizations, and
substance abuse treatment organizations practicing or24
providing treatment in Pueblo county or Routt county, and, starting in the25
2019-20 fiscal year, the San Luis valley and up to two additional counties26
selected by the center for participation based on demonstrated need. T
HE27
1045
-12- MAT EXPANSION PILOT PROGRAM MAY ALSO PROVIDE GRANTS TO1
PHARMACIES FOR THE PURPOSES ALLOWED UNDER THE GRANT PROGRAM2
ONCE THE CONDITIONS DESCRIBED IN SUBSECTION (1)(a)(III) OF THIS3
SECTION ARE MET.4
(2) A grant recipient may use the money received through the pilot5
program for the following purposes:6
(a) To enable nurse practitioners or physician assistants practicing7
or working in the grant recipient's setting in the pilot program area to8
obtain the training required to be a qualified nurse practitioner or9
physician assistant in order to prescribe buprenorphine and all other10
medications and therapies approved by the federal food and drug11
administration as part of medication-assisted treatment for individuals12
with opioid use disorders; and13
(b) To increase access to medication-assisted treatment for14
individuals with opioid use disorders in the pilot program area;
AND15
(c) T
O OBTAIN TRAINING FOR PHARMACISTS TO PROVIDE16
MEDICATION-ASSISTED TREATMENT SERVICES.17
SECTION
15. In Colorado Revised Statutes, 23-21-805, amend18
(2)(a)(V) and (2)(a)(VI); and add (2)(a)(VII) as follows:19
23-21-805. MAT expansion advisory board - created - duties.20
(2) (a) The advisory board consists of representatives of the following21
entities or organizations who are designated by the entity or organization:22
(V) The Colorado Academy of Physician Assistants; and23
(VI) The physician assistant program at the university of24
Colorado;
AND25
(VII) T
HE COLORADO PHARMACISTS SOCIETY .26
SECTION
16. In Colorado Revised Statutes, 23-21-806, amend27
1045
-13- (1) introductory portion, (1)(c), (2)(b), (2)(d), and (3); and repeal (1)(d)1
as follows:2
23-21-806. Grant application - criteria - awards. (1) To receive3
a grant, an eligible organization, or practice, OR PHARMACY must submit4
an application to the center in accordance with pilot program guidelines5
and procedures established by the center. At a minimum, the application6
must include the following information:7
(c) The number of nurse practitioners, or physician assistants, OR8
PHARMACISTS willing to complete the required training;9
(d) Identification of any incentives to assist nurse practitioners or10
physician assistants in completing the required training and becoming11
certified to prescribe buprenorphine;12
(2) The advisory board shall review the applications received13
pursuant to this section and make recommendations to the center14
regarding grant recipients and awards. In recommending grant awards and15
in awarding grants, the advisory board and the center shall consider the16
following criteria:17
(b) The number of opioid-dependent patients that WHO could be18
served by nurse practitioners, or physician assistants, OR PHARMACISTS19
working in or with a practice or organization applying for a grant;20
(d) The written commitment of the applicant to have nurse21
practitioners, or physician assistants, OR PHARMACISTS participate in22
periodic consultations with center staff; and23
(3) Subject to available appropriations, in the 2019-20 and24
2020-21 fiscal years, the center shall award grants to applicants approved25
in accordance with this section and shall distribute the grant money to26
grant recipients within ninety days after issuing the grant awards.27
1045
-14- SECTION 17. In Colorado Revised Statutes, 23-21-807, amend1
(1) introductory portion, (1)(c), (2) introductory portion, (2)(e), and2
(2)(g); repeal (2)(c); and add (1)(e) as follows:3
23-21-807. Reporting requirements. (1) Each organization, or4
practice,
OR PHARMACY that receives a grant through the pilot program5
shall submit an annual report to the center by a date set by the center. At6
a minimum, the report must include the following information:7
(c) The number of nurse practitioners, or
physician assistants, OR8
PHARMACISTS who were trained; and who received certification to9
prescribe buprenorphine and all other medications and therapies approved10
by the federal food and drug administration to treat opioid use disorder;11
and12
(e) A
DETAILED DESCRIPTION OF THE TRAINING RECEIVED BY13
PHARMACISTS; WHETHER THE PHARMACISTS WHO RECEIVED TRAINING ARE14
CURRENTLY ABLE TO PROVIDE AND ARE PROVIDING MEDICATION -ASSISTED15
TREATMENT TO OPIOID-DEPENDENT PATIENTS; AND THE NUMBER OF16
OPIOID-DEPENDENT PATIENTS TREATED DURING THE PILOT PROGRAM17
PERIOD BY EACH PHARMACIST.18
(2) On or before June 30, 2018, and on or before each June 30
19
through June 30, 2021, The center shall ANNUALLY submit a summarized20
report on the pilot program to the health and human services committee21
of the senate and the health and insurance and the public health care and22
human services committees of the house of representatives, or any23
successor committees, and to the governor. At a minimum, the report24
must include:25
(c) The total number of nurse practitioners and physician26
assistants who completed the required training and became certified to27
1045
-15- prescribe buprenorphine, listed by county participating in the pilot1
program;2
(e) A summary of policies and procedures instituted by grant3
recipients related to the provision of MAT by qualified nurse4
practitioners, and physician assistants, AND PHARMACISTS;5
(g) A summary of lessons learned and recommendations for6
implementing MAT as provided by nurse practitioners, and physician7
assistants, and
PHARMACISTS in other communities in the state.8
SECTION
18. In Colorado Revised Statutes, add 25.5-4-505.59
as follows:10
25.5-4-505.5. Federal authorization related to persons involved11
in the criminal justice system - report - rules - legislative declaration.12
(1) (a) T
HE GENERAL ASSEMBLY FINDS THAT :13
(I) F
OR DECADES, FEDERAL MEDICAID POLICY PROHIBITED THE USE14
OF FEDERAL FUNDING FOR INCARCERATED MEDICAID MEMBERS ;15
(II) W
ITH THE EMERGING OPPORTUNITY TO ALLOW FOR COVERAGE16
OF INCARCERATED MEDICAID MEMBERS , COLORADO IS SUPPORTIVE OF17
ENSURING THESE MEMBERS HAVE ACCESS TO NEEDED SERVICES AND18
TREATMENT; AND19
(III) C
OLORADO IS COMMITTED TO ENSURING MEDICAID MEMBERS20
HAVE ACCESS TO A CIVIL, COMMUNITY-BASED SYSTEM THAT MEETS21
MEMBERS' NEEDS AND ENSURES COLORADO'S COUNTY JAILS, JUVENILE22
FACILITIES, AND PRISONS DO NOT BECOME PRIMARY ACCESS POINTS FOR23
HEALTH-CARE SERVICES FOR PEOPLE EXPERIENCING BEHAVIORAL HEALTH24
CONDITIONS.25
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES IT IS IN THE26
BEST INTEREST OF ALL COLORADANS, AND ESPECIALLY COLORADANS27
1045
-16- LIVING WITH BEHAVIORAL HEALTH CONDITIONS , TO REQUIRE THE1
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING TO SEEK A2
FEDERAL WAIVER OF THE MEDICAID INMATE EXCLUSION POLICY THAT3
INCLUDES ANNUAL DATA REPORTING REQUIREMENTS THAT :4
(I) I
NFORM COLORADANS REGARDING THE UNMET HEALTH NEEDS5
OF INDIVIDUALS INVOLVED IN THE CRIMINAL JUSTICE SYSTEM ;6
(II) P
ROMOTE THE ESTABLISHMENT OF CONTINUOUS CIVIL SYSTEMS7
OF CARE WITHIN COMMUNITIES DEMONSTRABLY COMMITTED TO8
DIVERSION OR DEFLECTION EFFORTS , INCLUDING BUT NOT LIMITED TO9
MOBILE OUTREACH, CO-RESPONDER PROGRAMS , AND PROSECUTOR- OR10
JUDICIAL-LED INITIATIVES; AND11
(III) A
IM TO REDUCE UNNECESSARY INVOLVEMENT WITH THE12
CRIMINAL JUSTICE SYSTEM AND INCREASE ACCESS TO COMMUNITY -BASED13
HOUSING, HEALTH CARE, SUPPORTS, AND SERVICES.14
(2) (a) NO LATER THAN APRIL 1, 2024, THE STATE DEPARTMENT15
SHALL SEEK A FEDERAL AUTHORIZATION TO PROVIDE, THROUGH THE16
STATE MEDICAL ASSISTANCE PROGRAM , MEDICATION-ASSISTED17
TREATMENT AND CASE MANAGEMENT TO A MEMBER PRIOR TO THE18
MEMBER'S RELEASE AND A THIRTY -DAY SUPPLY OF PRESCRIPTION19
MEDICATIONS TO A MEMBER UPON THE MEMBER'S RELEASE FROM A20
JUVENILE INSTITUTIONAL FACILITY, AS DEFINED IN SECTION 25-1.5-30121
(2)(b), OR A DEPARTMENT OF CORRECTIONS FACILITY .22
(b) B
EGINNING JULY 1, 2025, AND SUBJECT TO AVAILABLE23
APPROPRIATIONS, THE SERVICES DESCRIBED IN SUBSECTION (2)(a) OF THIS24
SECTION ARE AVAILABLE UPON RECEIPT OF THE NECESSARY FEDERAL25
AUTHORIZATION.26 (3) (a) (I) NO LATER THAN APRIL 1, 2025, THE STATE DEPARTMENT27
1045
-17- SHALL SEEK A FEDERAL AUTHORIZATION TO PROVIDE, THROUGH THE1
STATE MEDICAL ASSISTANCE PROGRAM , MEDICATION-ASSISTED2
TREATMENT AND CASE MANAGEMENT TO A MEMBER PRIOR TO THE3
MEMBER'S RELEASE FROM JAIL AND A THIRTY-DAY SUPPLY OF4
PRESCRIPTION MEDICATIONS TO A MEMBER UPON THE MEMBER'S RELEASE5
FROM JAIL.6
(II) THE STATE DEPARTMENT SHALL IMPLEMENT SUBSECTION7
(3)(a)(I) OF THIS SECTION ONLY IF THE STATE DEPARTMENT DETERMINES8
THAT PROVIDING THE SERVICES DESCRIBED IN SUBSECTION (3)(a)(I) OF9
THIS SECTION IS BUDGET NEUTRAL.10
(b) B
EGINNING JULY 1, 2026, AND SUBJECT TO AVAILABLE11
APPROPRIATIONS, THE SERVICES DESCRIBED IN SUBSECTION (3)(a) OF THIS12
SECTION ARE AVAILABLE UPON RECEIPT OF THE NECESSARY FEDERAL13
AUTHORIZATION.14
(4) U
PON RECEIPT OF THE NECESSARY FEDERAL AUTHORIZATION ,15
THE STATE DEPARTMENT SHALL :16
(a) C
ONDUCT A RIGOROUS STAKEHOLDER PROCESS THAT17
INCLUDES, BUT IS NOT LIMITED TO , RECEIVING FEEDBACK FROM18
INDIVIDUALS WITH LIVED EXPERIENCE IN ACCESSING, OR THE INABILITY TO19
ACCESS, BEHAVIORAL HEALTH SERVICES IN CIVIL SETTINGS, COUNTY JAILS,20
JUVENILE INSTITUTIONAL FACILITIES , AND THE DEPARTMENT OF21
CORRECTIONS; AND22
(b) R
EQUIRE EACH COUNTY WITH A COUNTY JAIL SEEKING TO23
PROVIDE SERVICES PURSUANT TO THIS SECTION TO DEMONSTRATE A24
COMMITMENT TO DIVERSION OR DEFLECTION EFFORTS , INCLUDING BUT25
NOT LIMITED TO MOBILE OUTREACH , CO-RESPONDER PROGRAMS , AND26
PROSECUTOR- OR JUDICIAL-LED INITIATIVES THAT AIM TO REDUCE27
1045
-18- UNNECESSARY INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM AND1
INCREASE ACCESS TO COMMUNITY -BASED HOUSING, HEALTH CARE,2
SUPPORTS, AND SERVICES.3
(5) (a) T
HE STATE DEPARTMENT SHALL ONLY REIMBURSE AN4
OPIOID TREATMENT PROGRAM , AS DEFINED IN SECTION 27-80-203, FOR5
ADMINISTERING MEDICATION-ASSISTED TREATMENT IN A JAIL SETTING. AT6
A MINIMUM, AN OPIOID TREATMENT PROGRAM THAT ADMINISTERS7
MEDICATION-ASSISTED TREATMENT SHALL:8
(I) E
MPLOY A PHYSICIAN MEDICAL DIRECTOR ;9
(II) E
NSURE THE INDIVIDUAL RECEIVING MEDICATION -ASSISTED10
TREATMENT UNDERGOES A MINIMUM OBSERVATION PERIOD AFTER11
RECEIVING MEDICATION-ASSISTED TREATMENT, AS DETERMINED BY12
BEHAVIORAL HEALTH ADMINISTRATION RULE PURSUANT TO SECTION13
27-80-204;
AND14
(III) M
EET ALL CRITICAL INCIDENT REPORTING REQUIREMENTS AS15
DETERMINED BY BEHAVIORAL HEALTH ADMINISTRATION RULE PURSUANT16
TO SECTION 27-80-204.17
(b) T
HE STATE DEPARTMENT SHALL ENSURE AS PART OF THE STATE18
DEPARTMENT'S QUALITY OVERSIGHT THAT OPIOID TREATMENT PROGRAMS19
THAT ADMINISTER MEDICATION -ASSISTED TREATMENT IN A JAIL SETTING20
MAINTAIN EMERGENCY POLICIES AND PROCEDURES THAT ADDRESS21
ADVERSE OUTCOMES.22
(6) T
HE STATE DEPARTMENT MAY EXPAND SERVICES AVAILABLE23
PURSUANT TO THIS SECTION AS AUTHORIZED PURSUANT TO FEDERAL LAW24
AND REGULATIONS. IF THE STATE DEPARTMENT SEEKS TO EXPAND25
SERVICES, THE STATE DEPARTMENT SHALL DEMONSTRATE HOW THE STATE26
DEPARTMENT WILL ENSURE QUALITY OF CARE AND CLIENT SAFETY , WHICH27
1045
-19- MUST INCLUDE ADDRESSING QUALITY AND SAFETY IN ADMINISTERING1
MEDICATIONS IN A JAIL SETTING.2
(7) (a) B
EGINNING JULY 1, 2025, AND EACH JULY 1 THEREAFTER,3
THE STATE DEPARTMENT SHALL ANNUALLY REPORT TO THE HOUSE OF4
REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN5
SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES6
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , THE FOLLOWING7
INFORMATION:8
(I) D
E-IDENTIFIED INFORMATION OF INDIVIDUALS WHO HAVE9
ACCESSED SERVICES, INCLUDING EACH INDIVIDUAL'S DEMOGRAPHICS, THE10
TYPE OF SERVICES THE INDIVIDUAL ACCESSED , THE DURATION OF THE11
SERVICES OFFERED IN A CARCERAL SETTING COMPARED TO THE DURATION12
OF THE SAME SERVICES OFFERED IN A CIVIL SETTING , AND THE13
INDIVIDUAL'S EXPERIENCES BEFORE AND AFTER INCARCERATION ,14
INCLUDING BUT NOT LIMITED TO:15
(A) E
MERGENCY ROOM OR CRISIS SYSTEM VISITS ;16
(B) I
NPATIENT STAYS FOR A PRIMARY BEHAVIORAL HEALTH17
CONDITION; AND18
(C) S
ERVICES ACCESSED IN A QUALIFIED RESIDENTIAL TREATMENT19
PROGRAM, AS DEFINED IN SECTION 19-1-103, OR A PSYCHIATRIC20
RESIDENTIAL TREATMENT FACILITY , AS DEFINED IN SECTION 25.5-4-103;21
(II) T
HE TOTAL NUMBER OF MEDICAID MEMBERS WHO WERE22
UNHOUSED BEFORE OR AFTER INCARCERATION , IF AVAILABLE;23
(III) T
HE TOTAL NUMBER OF UNIQUE INCARCERATION STAYS BY24
MEDICAID MEMBERS, AS DEMONSTRATED BY THE SERVICES ACCESSED ;25
(IV) T
HE TOTAL NUMBER OF INDIVIDUALS WHO ACCESSED26
SERVICES IN A CIVIL SETTING PRIOR TO ARREST OR DETAINMENT AND WERE27
1045
-20- SUBSEQUENTLY EVALUATED FOR COMPETENCY , ORDERED TO COMPETENCY1
RESTORATION, RESTORED TO COMPETENCY , OR FOUND INCOMPETENT TO2
PROCEED IN A FORENSIC SETTING; AND3
(V) P
ERSISTENT GAPS IN CONTINUITY OF CARE IN4
LEAST-RESTRICTIVE CIVIL SETTINGS.5
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I) TO THE6
CONTRARY, THE STATE DEPARTMENT'S REPORT CONTINUES INDEFINITELY.7
(8) T
HE STATE DEPARTMENT MAY PROMULGATE RULES FOR THE8
IMPLEMENTATION OF THIS SECTION.9
SECTION
19. In Colorado Revised Statutes, 25.5-5-320, amend10
(7) as follows:11
25.5-5-320. Telemedicine - reimbursement - disclosure12
statement - rules - definition. (7) As used in this section, "health-care13
or mental health-care services" includes speech therapy, physical therapy,14
occupational therapy, dental care, hospice care, home health care,15
SUBSTANCE USE DISORDER TREATMENT , and pediatric behavioral health16
care.17
SECTION
20. In Colorado Revised Statutes, 25.5-5-325, amend18
(1); and add (2.5) as follows:19
25.5-5-325. Partial hospitalization and residential and20
inpatient substance use disorder treatment - medical detoxification21
services - federal approval - performance review report. (1) Subject22
to available appropriations and to the extent permitted under federal law,23
the medical assistance program pursuant to this article 5 and articles 4 and24
6 of this title 25.5 includes
PARTIAL HOSPITALIZATION AND residential and25
inpatient substance use disorder treatment and medical detoxification26
services. Participation in
PARTIAL HOSPITALIZATION AND the residential27
1045
-21- and inpatient substance use disorder treatment and medical detoxification1
services benefit is limited to persons who meet nationally recognized,2
evidence-based level of care criteria for
PARTIAL HOSPITALIZATION OR3
residential and inpatient substance use disorder treatment and medical4
detoxification services. The benefit shall
MUST serve persons with5
substance use disorders, including those with co-occurring mental health6
disorders. All levels of nationally recognized, evidence-based levels of7
care for
PARTIAL HOSPITALIZATION AND residential and inpatient8
substance use disorder treatment and medical detoxification services must9
be included in the benefit.10
(2.5) N
O LATER THAN JULY 1, 2026, THE STATE DEPARTMENT11
SHALL SEEK FEDERAL AUTHORIZATION TO PROVIDE PARTIAL12
HOSPITALIZATION FOR SUBSTANCE USE DISORDER TREATMENT WITH FULL13
FEDERAL FINANCIAL PARTICIPATION . PARTIAL HOSPITALIZATION FOR14
SUBSTANCE USE DISORDER TREATMENT SHALL NOT TAKE EFFECT UNTIL15
FEDERAL APPROVAL HAS BEEN OBTAINED .16
SECTION
21. In Colorado Revised Statutes, 25.5-5-422, amend17
(2) as follows:18
25.5-5-422. Medication-assisted treatment - limitations on19
MCEs - definition. (2) Notwithstanding any provision of law to the20
contrary, beginning January 1, 2020, each MCE that provides prescription21
drug benefits
OR METHADONE ADMINISTRATION for the treatment of22
substance use disorders shall:23
(a) Not impose any prior authorization requirements on any24
prescription medication approved by the FDA for the treatment of25
substance use disorders,
REGARDLESS OF THE DOSAGE AMOUNT ;26
(b) Not impose any step therapy requirements as a prerequisite to27
1045
-22- authorizing coverage for a prescription medication approved by the FDA1
for the treatment of substance use disorders; and2
(c) Not exclude coverage for any prescription medication3
approved by the FDA for the treatment of substance use disorders and any4
associated counseling or wraparound services solely on the grounds that5
the medications and services were court ordered;
AND6
(d) S
ET THE REIMBURSEMENT RATE FOR TAKE -HOME METHADONE7
TREATMENT AND OFFICE-ADMINISTERED METHADONE TREATMENT AT THE8
SAME RATE.9
SECTION
22. In Colorado Revised Statutes, add 27-60-116 as10
follows:11
27-60-116. Withdrawal management facilities - data collection12
- approval of admission criteria - definition - repeal. (1) (a) N
O LATER13
THAN JULY 1, 2025, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL14
COLLECT DATA FROM EACH WITHDRAWAL MANAGEMENT FACILITY ON THE15
TOTAL NUMBER OF INDIVIDUALS WHO WERE DENIED ADMITTANCE OR16
TREATMENT FOR WITHDRAWAL MANAGEMENT DURING THE PREVIOUS17
CALENDAR YEAR AND THE REASON FOR THE DENIAL .18
(b) T
HE BHA SHALL SHARE THE DATA RECEIVED FROM19
WITHDRAWAL MANAGEMENT FACILITIES PURS UANT TO SUBSECTION (1)(a)20
OF THIS SECTION WITH BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES21
ORGANIZATIONS.22
(2) B
EGINNING JANUARY 1, 2025, THE BHA SHALL REVIEW AND23
APPROVE ANY ADMISSION CRITERIA ESTABLISHED BY A WITHDRAWAL24
MANAGEMENT FACILITY, AS DEFINED IN SECTION 27-66.5-102.25
(3) A
S USED IN THIS SECTION, "WITHDRAWAL MANAGEMENT26
FACILITY" HAS THE SAME MEANING AS SET FORTH IN SECTION 27-66.5-102.27
1045
-23- SECTION 23. In Colorado Revised Statutes, add 25.5-5-427 as1
follows:2
25.5-5-427. Managed care entities - behavioral health3
providers - disclosure of reimbursement rates. (1) THE STATE4
DEPARTMENT SHALL REQUIRE EACH MCE THAT CONTRACTS WITH THE5
STATE DEPARTMENT TO DISCLOSE THE AGGREGATED AVERAGE AND6
LOWEST RATES OF REIMBURSEMENT FOR A SET OF BEHAVIORAL HEALTH7
SERVICES DETERMINED BY THE STATE DEPARTMENT .8
(2) BEHAVIORAL HEALTH PROVIDERS ARE AUTHORIZED TO9
DISCLOSE THE REIMBURSEMENT RATES PAID BY AN MCE TO THE10
BEHAVIORAL HEALTH PROVIDER .11
SECTION 24. In Colorado Revised Statutes, amend 25.5-5-51012
as follows:13
25.5-5-510. Pharmacy reimbursement - substance use disorder14
- injections. If a pharmacy has entered into a collaborative pharmacy15
practice agreement with one or more physicians pursuant to section16
12-280-602 to administer A PHARMACY ADMINISTERING injectable17
antagonist medication for medication-assisted treatment for substance use18
disorders the pharmacy administering the drug shall receive an enhanced19
dispensing fee that aligns with the administration fee paid to a provider20
in a clinical setting.21
SECTION 25. In Colorado Revised Statutes, add 25.5-5-512.522
as follows:23
25.5-5-512.5. Medications for opioid use disorder -24
pharmacists - reimbursement - definition. (1) A
S USED IN THIS25
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "MEDICATIONS FOR26
OPIOID USE DISORDER" OR "MOUD" HAS THE MEANING AS SET FORTH IN27
1045
-24- SECTION 12-280-103 (27.5).1
(2) T
HE STATE DEPARTMENT SHALL REIMBURSE A LICENSED2
PHARMACIST FOR PRESCRIBING OR ADMINISTERING MEDICATIONS FOR AN3
OPIOID USE DISORDER, IF THE PHARMACIST IS AUTHORIZED PURSUANT TO4
ARTICLE 280 OF TITLE 12, AT A RATE EQUAL TO THE REIMBURSEMENT5
PROVIDED TO A PHYSICIAN , PHYSICIAN ASSISTANT, OR ADVANCED6
PRACTICE REGISTERED NURSE FOR THE SAME SERVICES .7
(3) T
HE STATE DEPARTMENT SHALL SEEK ANY FEDERAL8
AUTHORIZATION NECESSARY TO IMPLEMENT THIS SECTION .9
SECTION
26. In Colorado Revised Statutes, 26.5-3-206, add (4)10
as follows:11
26.5-3-206. Colorado child abuse prevention trust fund -12
creation - source of funds - repeal. (4) (a) F
OR THE 2024-25 STATE13
FISCAL YEAR AND EACH STATE FISCAL YEAR THEREAFTER , THE GENERAL14
ASSEMBLY SHALL APPROPRIATE ONE HUNDRED FIFTY THOUSAND DOLLARS15
TO THE TRUST FUND . THE BOARD SHALL DISTRIBUTE THE MONEY16
APPROPRIATED PURSUANT TO THIS SUBSECTION (4)(a) FOR PROGRAMS TO17
REDUCE THE OCCURRENCE OF PRENATAL SUBSTANCE EXPOSURE IN18
ACCORDANCE WITH SECTION 26.5-3-205 (1)(h)(III).19
(b) (I) F
OR THE 2024-25 AND 2025-26 STATE FISCAL YEARS, THE20
GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE FIFTY THOUSAND21
DOLLARS TO THE TRUST FUND. THE BOARD SHALL DISTRIBUTE THE MONEY22
APPROPRIATED PURSUANT TO THIS SUBSECTION (4)(b) TO CONVENE A23
STAKEHOLDER GROUP TO IDENTIFY STRATEGIES TO INCREASE ACCESS TO24
CHILD CARE FOR FAMILIES SEEKING SUBSTANCE USE DISORDER TREATMENT25
AND RECOVERY SERVICES.26
(II) T
HIS SUBSECTION (4)(b) IS REPEALED, EFFECTIVE JUNE 30,27
1045
-25- 2027.1
2
SECTION 27. 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 THR OUGH 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 DIFFERENT21
PAYER TYPES, INCLUDING, BUT NOT LIMITED TO, MEDICAID, MEDICARE,22
AND 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
1045
-26- (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
28. In Colorado Revised Statutes, add 27-50-804 as13
follows:14
27-50-804. Contingency management grant program -15
creation - definitions - repeal. (1) A
S USED IN THIS SECTION, UNLESS16
THE CONTEXT 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
1045
-27- SAME MEANING AS SET FORTH IN SECTION 27-80-203 (23.5).1
(2) T
HERE IS CREATED IN THE BEHAVIORAL HEALTH2
ADMINISTRATION THE CONTINGENC Y 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
1045
-28- (7) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.1
2
SECTION 29. In Colorado Revised Statutes, 27-80-116, add (5)3
as follows:4
27-80-116. Fetal alcohol spectrum disorders - legislative5
declaration - health warning signs - federal funding. (5) THE6
BEHAVIORAL HEALTH ADMINISTRATION IS AUTHORIZED TO APPLY FOR7
FEDERAL FUNDING FOR FETAL ALCOHOL SPECTRUM DISORDER PROGRAMS8
AND TO RECEIVE AND DISBURSE THE FEDERAL FUNDS TO PUBLIC AND9
PRIVATE NONPROFIT ORGANIZATIONS .10
SECTION 30. In Colorado Revised Statutes, amend 10-22.3-10211
as follows:12
10-22.3-102. Repeal of article. This article 22.3 is repealed,13
effective September 1, 2024 SEPTEMBER 1, 2026.14
SECTION 31. Appropriation. (1) For the 2024-25 state fiscal15
year, $250,000 is appropriated to the department of human services. This16
appropriation is from the general fund. To implement this act, the17
department may use this appropriation for criminal justice diversion18
programs.19
(2) For the 2024-25 state fiscal year, $250,000 is appropriated to20
the judicial department. This appropriation is from the general fund. To21
implement this act, the department may use this appropriation for district22
attorney adult pretrial diversion programs.23
(3) For the 2024-25 state fiscal year, $1,325,647 is appropriated24
to the department of human services for use by the behavioral health25
administration. This appropriation is from the general fund. To implement26
this act, the administration may use this appropriation as follows:27
1045
-29- (a) $30,152 for program administration related the community1
behavioral health administration, which amount is based on an2
assumption that the administration will require an additional 0.3 FTE;3
(b) $545,495 for contract and data management related to4
substance use treatment and prevention services; and5
(c) $750,000 for the contingency management grant related to6
substance use treatment and prevention services, which amount is based7
on an assumption that the administration will require an additional 1.08
FTE.9
(4) For the 2024-25 state fiscal year, $176,831 is appropriated to10
the department of health care policy and financing for use by the11
executive director's office. This appropriation consists of $155,946 from12
the general fund and $20,885 from the healthcare affordability and13
sustainability cash fund created in section 25.5-4-402.4 (5)(a), C.R.S. To14
implement this act, the office may use this appropriation as follows:15
(a) $117,563 general fund for personal services, which amount is16
based on an assumption that the office will require an additional 2.7 FTE;17
(b) $11,733 general fund for operating expenses; and18
(c) $47,535, which consists of $26,650 general fund and $20,88519
from the healthcare affordability and sustainability cash fund, for20
medicaid management information system maintenance and projects.21
(5) For the 2024-25 state fiscal year, the general assembly22
anticipates that the department of health care policy and financing will23
receive $525,189 in federal funds for use by the executive director's24
office to implement this act, which amount is subject to the "(I)" notation25
as defined in the annual general appropriation act for the same fiscal year.26
The appropriation in subsection (4) of this section is based on the27
1045
-30- assumption that the department will receive this amount of federal funds1
to be used as follows:2
(a) $117,562 for personal services;3
(b) $11,733 for operating expenses; and4
(c) $395,894 for medicaid management information system5
maintenance and projects.6
(6) For the 2024-25 state fiscal year, $25,060 is appropriated to7
the department of health care policy and financing for use by the8
executive director's office. This appropriation consists of $14,049 from9
the general fund, and is subject to the "(M)" notation as defined in the10
annual general appropriation act for the same fiscal year, and $11,01111
from the healthcare affordability and sustainability cash fund created in12
section 25.5-4-402.4 (5)(a), C.R.S. To implement this act, the office may13
use this appropriation for the Colorado benefits management systems,14
operating and contract expenses.15
(7) For the 2024-25 state fiscal year, the general assembly16
anticipates that the department of health care policy and financing will17
receive $208,705 in federal funds for use by the executive director's18
office to implement this act. The appropriation in subsection (6) of this19
section is based on the assumption that the department will receive this20
amount of federal funds to be used for the Colorado benefits management21
systems, operating and contract expenses.22
(8) For the 2024-25 state fiscal year, $200,000 is appropriated to23
the Colorado child abuse prevention trust fund created in section24
26.5-3-206 (1), C.R.S. This appropriation is from the general fund. The25
department of early childhood is responsible for the accounting related to26
this appropriation. 27
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-31- (9) For the 2024-25 state fiscal year, $200,000 is appropriated to1
the department of early childhood for use by the community and family2
support division. This appropriation is from reappropriated funds in the3
Colorado child abuse prevention trust fund under subsection (8) of this4
section. To implement this act, the division may use this appropriation for5
the child maltreatment prevention.6
(10) For the 2024-25 state fiscal year, $36,514 is appropriated to7
the department of regulatory agencies for use by the division of insurance.8
This appropriation is from the division of insurance cash fund created in9
section 10-1-103 (3)(a)(I), C.R.S. To implement this act, the division may10
use this appropriation as follows:11
(a) $29,332 for personal services, which amount is based on an12
assumption that the division will require an additional 0.4 FTE; and13
(b) $7,182 for operating expenses.14
SECTION 32. Act subject to petition - effective date. Section15
27-60-116 (1)(b), as enacted in section 22 of this act, takes effect July 1,16
2025, and the remainder of this act takes effect at 12:01 a.m. on the day17
following the expiration of the ninety-day period after final adjournment18
of the general assembly; except that, if a referendum petition is filed19
pursuant to section 1 (3) of article V of the state constitution against this20
act or an item, section, or part of this act within such period, then the act,21
item, section, or part will not take effect unless approved by the people22
at the general election to be held in November 2024 and, in such case,23
will take effect on the date of the official declaration of the vote thereon24
by the governor; except that section 27-60-116 (1)(b), as enacted in25
section 22 of this act, takes effect July 1, 2025.26
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-32-