Colorado 2024 Regular Session

Colorado House Bill HB1045 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0314.01 Shelby Ross x4510
18 HOUSE BILL 24-1045
2-BY REPRESENTATIVE(S) Armagost and deGruy Kennedy, Young, Epps,
3-Amabile, Bird, Boesenecker, Brown, Clifford, Daugherty, Duran, Froelich,
4-Garcia, Hamrick, Hernandez, Jodeh, Joseph, Kipp, Lieder, Lindsay,
5-Lindstedt, Lynch, Mabrey, Martinez, Ortiz, Parenti, Rutinel, Sirota, Snyder,
6-Story, Titone, Valdez, Vigil, Willford, Woodrow, McCluskie;
7-also SENATOR(S) Mullica and Will, Jaquez Lewis, Priola, Bridges, Cutter,
8-Exum, Gonzales, Kolker, Michaelson Jenet, Winter F.
9+House Committees Senate Committees
10+Health & Human Services Health & Human Services
11+Finance Appropriations
12+Legislative Council
13+Appropriations
14+A BILL FOR AN ACT
915 C
10-ONCERNING TREATMENT FOR SUBSTANCE USE DISORDERS , AND, IN
11-CONNECTION THEREWITH
12-, MAKING AN APPROPRIATION.
13-
14-Be it enacted by the General Assembly of the State of Colorado:
15-SECTION 1. In Colorado Revised Statutes, add 10-16-124.6 as
16-follows:
17-10-16-124.6. Drugs used for substance use disorder - prior
18-authorization prohibited. A
19- CARRIER THAT PROVIDES COVERAGE UNDER
20-A HEALTH BENEFIT PLAN FOR A DRUG USED TO TREAT A SUBSTANCE USE
21-DISORDER SHALL NOT REQUIRE PRIOR AUTHORIZATION
22-, AS DEFINED IN
16+ONCERNING TREATMENT FOR SUBSTANCE USE
17+DISORDERS, AND, IN101
18+CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
19+Bill Summary
20+(Note: This summary applies to this bill as introduced and does
21+not reflect any amendments that may be subsequently adopted. If this bill
22+passes third reading in the house of introduction, a bill summary that
23+applies to the reengrossed version of this bill will be available at
24+http://leg.colorado.gov/
25+.)
26+Opioid and Other Substance Use Disorders Study Committee.
27+Section 1 prohibits a carrier that provides coverage under a health benefit
28+plan for a drug used to treat a substance use disorder from requiring prior
29+authorization for the drug based solely on the dosage amount.
30+Section 2 requires an insurance carrier and the medical assistance
31+program to reimburse a licensed pharmacist prescribing or administering
32+SENATE
33+3rd Reading Unamended
34+May 6, 2024
35+SENATE
36+2nd Reading Unamended
37+May 4, 2024
38+HOUSE
39+Amended 3rd Reading
40+April 29, 2024
41+HOUSE
42+Amended 2nd Reading
43+April 26, 2024
44+HOUSE SPONSORSHIP
45+Armagost and deGruy Kennedy, Young, Epps, Amabile, Bird, Boesenecker, Brown,
46+Clifford, Daugherty, Duran, Epps, Froelich, Garcia, Hamrick, Hernandez, Jodeh, Joseph,
47+Kipp, Lieder, Lindsay, Lindstedt, Lynch, Mabrey, Martinez, McCluskie, Ortiz, Parenti,
48+Rutinel, Sirota, Snyder, Story, Titone, Valdez, Vigil, Willford, Woodrow
49+SENATE SPONSORSHIP
50+Mullica and Will, Jaquez Lewis, Priola, Bridges, Cutter, Exum, Gonzales, Kolker,
51+Michaelson Jenet, Winter F.
52+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
53+Capital letters or bold & italic numbers indicate new material to be added to existing law.
54+Dashes through the words or numbers indicate deletions from existing law. medication-assisted treatment (MAT) pursuant to a collaborative
55+pharmacy practice agreement (collaborative agreement) at a rate equal to
56+the reimbursement rate for other providers. Section 7 amends the practice
57+of pharmacy to include exercising prescriptive authority for any
58+FDA-approved product or medication for opioid use disorder in
59+accordance with federal law, if authorized through a collaborative
60+agreement. Section 8 requires the state board of pharmacy, the Colorado
61+medical board, and the state board of nursing to develop a protocol for
62+pharmacists to prescribe, dispense, and administer medication-assisted
63+treatment. Section 23 requires the medical assistance program to
64+reimburse a pharmacist prescribing or administering medications for
65+opioid use disorder pursuant to a collaborative agreement at a rate equal
66+to the reimbursement rate for other providers.
67+Section 3 requires the commissioner of insurance to:
68+! Review the network adequacy rules promulgated by the
69+commissioner and the division of insurance to ensure that
70+the rules are sufficient to require each carrier to maintain an
71+adequate number of substance use disorder treatment
72+providers in underserved areas and to maintain an adequate
73+number of behavioral health-care providers in all
74+communities; and
75+! Report the rule review findings to the opioid and other
76+substance use disorders study committee, including any
77+recommended rule changes.
78+Sections 4, 5, 6, and 25 authorize licensed clinical social workers
79+and licensed professional counselors (professionals) within their scope of
80+practice to provide clinical supervision to individuals seeking certification
81+as addiction technicians and addiction specialists, and direct the state
82+board of addiction counselors and the state board of human services, as
83+applicable, to adopt rules relating to clinical supervision by these
84+professionals.
85+Section 9 and 10 establish the behavioral health diversion pilot
86+program (pilot program) to award grants to at least 2, but not more than
87+5, district attorneys to divert from the criminal justice system persons who
88+have a behavioral health disorder, including a substance use disorder, that
89+requires early recovery services and treatment that is reasonably expected
90+to deter future criminal behavior.
91+Sections 11 through 16 expand the medication-assisted treatment
92+expansion pilot program to include grants to provide training and ongoing
93+support to pharmacies and pharmacists who are authorized to prescribe,
94+dispense, and administer MAT pursuant to a collaborative agreement and
95+protocol to assist individuals with a substance use disorder.
96+Section 17 requires the department of health care policy and
97+financing (HCPF) to seek federal authorization to provide screening for
98+physical and behavioral health needs, brief intervention, administration
99+1045
100+-2- of medication-assisted treatment, physical and psychiatric prescription
101+medications provided upon release from jail, case management, and care
102+coordination services through the medical assistance program to persons
103+up to 90 days prior to release from jail, a juvenile institutional facility, or
104+a department of corrections facility.
105+Section 18 adds substance use disorder treatment to the list of
106+health-care or mental health-care services that are required to be
107+reimbursed at the same rate for telemedicine as a comparable in-person
108+service.
109+Section 19 requires HCPF to seek federal authorization to provide
110+partial hospitalization for substance use disorder treatment with full
111+federal financial participation.
112+Section 20 requires each managed care entity (MCE) that provides
113+prescription drug benefits or methadone administration for the treatment
114+of substance use disorders to:
115+! Set the reimbursement rate for take-home methadone
116+treatment and office-administered methadone treatment at
117+the same rate; and
118+! Not impose any prior authorization requirements on any
119+prescription medication approved by the FDA for the
120+treatment of substance use disorders, regardless of the
121+dosage amount.
122+Section 21 requires the behavioral health administration to collect
123+data from each withdrawal management facility on the total number of
124+individuals who were denied admittance or treatment for withdrawal
125+management and the reason for the denial and review and approve any
126+admission criteria established by a withdrawal management facility.
127+Section 22 requires each MCE to disclose the aggregated average
128+and lowest rates of reimbursement for a set of behavioral health services
129+determined by HCPF.
130+For the 2024-25 state fiscal year and each state fiscal year
131+thereafter, section 24 appropriates $150,000 from the general fund to the
132+Colorado child abuse prevention trust fund (trust fund) for programs to
133+reduce the occurrence of prenatal substance exposure. For the 2024-25
134+and 2025-26 state fiscal years, section 24 also annually appropriates
135+$50,000 from the general fund to the trust fund to convene a stakeholder
136+group to identify strategies to increase access to child care for families
137+seeking substance use disorder treatment and recovery services.
138+Section 26 requires the behavioral health administration (BHA) to
139+contract with an independent third-party entity to provide services and
140+supports to behavioral health providers seeking to become a behavioral
141+health safety net provider with the goal of the provider becoming
142+self-sustaining.
143+Section 27 creates the contingency management grant program in
144+the BHA to provide grants to substance use disorder treatment programs
145+1045
146+-3- that implement a contingency management program for individuals with
147+a stimulant use disorder.
148+Section 28 requires a county jail seeking to provide services to
149+incarcerated medicaid members to apply for a correctional services
150+provider license from the BHA.
151+Section 29 requires the BHA, in collaboration with HCPF, to
152+convene a working group to study and identify barriers to opening and
153+operating an opioid treatment program, including satellite medication
154+units and mobile methadone clinics.
155+Be it enacted by the General Assembly of the State of Colorado:1
156+SECTION 1. In Colorado Revised Statutes, add 10-16-124.6 as2
157+follows:3
158+10-16-124.6. Drugs used for substance use disorder - prior4
159+authorization prohibited. A CARRIER THAT PROVIDES COVERAGE UNDER5
160+A HEALTH BENEFIT PLAN FOR A DRUG USED TO TREAT A SUBSTANCE USE6
161+DISORDER SHALL NOT REQUIRE PRIOR AUTHORIZATION , AS DEFINED IN7
162+SECTION 10-16-112.5 (7)(d), FOR THE DRUG BASED SOLELY ON THE8
163+DOSAGE AMOUNT.9
164+SECTION 2. In Colorado Revised Statutes, 10-16-144, add (3)10
165+as follows:11
166+10-16-144. Health-care services provided by pharmacists.12
167+(3) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS13
168+SECTION TO THE CONTRARY, A HEALTH BENEFIT PLAN DESCRIBED IN14
169+SUBSECTION (1) OF THIS SECTION THAT PROVIDES TREATMENT FOR15
170+SUBSTANCE USE DISORDERS SHALL REIMBURSE A LICENSED PHARMACIST16
171+ACTING WITHIN THE LICENSED PHARMACIST'S SCOPE OF PRACTICE, AND IN17
172+ACCORDANCE WITH THE REQUIREMENTS IN PART 6 OF ARTICLE 280 OF18
173+TITLE 12, FOR THE PROVISION OF MEDICATION -ASSISTED TREATMENT19
174+SERVICES IF THE HEALTH BENEFIT PLAN PROVIDES COVERAGE FOR THE20
175+1045-4- SAME SERVICES PROVIDED BY A LICENSED PHYSICIAN OR AN ADVANCED1
176+PRACTICE REGISTERED NURSE.2
177+(b) A HEALTH BENEFIT PLAN REIMBURSING A LICENSED3
178+PHARMACIST PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION SHALL4
179+REIMBURSE A LICENSED PHARMACIST AT THE SAME RATE THAT THE5
180+HEALTH BENEFIT PLAN REIMBURSES A LICENSED PHYSICIAN OR AN6
181+ADVANCED PRACTICE REGISTERED NURSE WITHIN THE HEALTH BENEFIT7
182+PLAN'S NETWORK OF PARTICIPATING PROVIDERS FOR THE SAME SERVICES.8
183+ 9
184+SECTION 3. In Colorado Revised Statutes, 12-245-403, add (5)10
185+as follows:11
186+12-245-403. Social work practice defined. (5) S
187+OCIAL WORK12
188+PRACTICE INCLUDES THE CLINICAL SUPERVISION BY A LICENSED CLINICAL13
189+SOCIAL WORKER OF A PERSON WORKING TOWARD CERTIFICATION AS A14
190+CERTIFIED ADDICTION TECHNICIAN OR A CERTIFIED ADDICTION
191+SPECIALIST15
192+PURSUANT TO SECTION 12-245-804 (3.5), IF THE LICENSED CLINICAL16
193+SOCIAL WORKER HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED17
194+ADDICTION COUNSELOR, OR THE EQUIVALENT, AS SPECIFIED IN RULES18
195+PROMULGATED BY THE STATE BOARD OF HUMAN SERVICES PURSUANT TO19
196+SECTION 27-80-108 (1)(e.5) OR 27-50-107 (3)(e)(II), AS APPLICABLE.20
197+SECTION 4. In Colorado Revised Statutes, 12-245-503, add (5)21
198+as follows:22
199+12-245-503. Marriage and family therapy practice defined.23
200+(5) MARRIAGE AND FAMILY THERAPY PRACTICE INCLUDES THE CLINICAL24
201+SUPERVISION BY A LICENSED MARRIAGE AND FAMILY THERAPIST OF A25
202+PERSON WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION26
203+TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST PURSUANT TO SECTION27
204+1045
205+-5- 12-245-804 (3.5), IF THE LICENSED MARRIAGE AND FAMILY THERAPIST HAS1
206+MET THE EDUCATION REQUIREMENTS FOR A LICENSED ADDICTION2
207+COUNSELOR, OR THE EQUIVALENT, AS SPECIFIED IN RULES PROMULGATED3
208+BY THE STATE BOARD OF HUMAN SERVICES PURSUANT TO SECTION4
209+27-80-108 (1)(e.5) OR 27-50-107 (3)(e)(II), AS APPLICABLE.5
210+SECTION 5. In Colorado Revised Statutes, 12-245-504, add6
211+(1.5) as follows:7
212+12-245-504. Qualifications - examination - licensure and8
213+registration. (1.5) A LICENSED ADDICTION COUNSELOR WHO POSSESSES9
214+A VALID, UNSUSPENDED, AND UNREVOKED LICENSE MAY PROVIDE10
215+CLINICAL SUPERVISION OF AN INDIVIDUAL WORKING TOWARD LICENSURE11
216+AS A MARRIAGE AND FAMILY THERAPIST IF THE LICENSED ADDICTION12
217+COUNSELOR HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED13
218+MARRIAGE AND FAMILY THERAPIST, OR THE EQUIVALENT, AS SPECIFIED IN14
219+RULES PROMULGATED BY THE STATE BOARD OF MARRIAGE AND FAMILY15
220+THERAPIST EXAMINERS CREATED IN SECTION 12-245-502.16
221+SECTION 6. In Colorado Revised Statutes, 12-245-603, add (3)17
222+as follows:18
223+12-245-603. Practice of licensed professional counseling19
224+defined. (3) T
225+HE PRACTICE OF PROFESSIONAL COUNSELING INCLUDES THE20
226+CLINICAL SUPERVISION BY A LICENSED PROFESSIONAL COUNSELOR OF A21
227+PERSON WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION22
228+TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST PURSUANT TO SECTION23
229+12-245-804 (3.5), IF THE LICENSED PROFESSIONAL COUNSELOR HAS MET24
230+THE EDUCATION REQUIREMENTS FOR A LICENSED ADDICTION COUNSELOR,25
231+OR THE EQUIVALENT, AS SPECIFIED IN RULES PROMULGATED BY THE STATE26
232+BOARD OF HUMAN SERVICES PURSUANT TO SECTION 27-80-108 (1)(e.5) OR27
233+1045
234+-6- 27-50-107 (3)(e)(II), AS APPLICABLE.1
235+SECTION 7. In Colorado Revised Statutes, 12-245-604, add2
236+(1.5) as follows:3
237+12-245-604. Licensure - examination - licensed professional4
238+counselors. (1.5) A LICENSED ADDICTION COUNSELOR WHO POSSESSES A5
239+VALID, UNSUSPENDED, AND UNREVOKED LICENSE MAY PROVIDE CLINICAL6
240+SUPERVISION OF AN INDIVIDUAL WORKING TOWARD LICENSURE AS A7
241+LICENSED PROFESSIONAL COUNSELOR IF THE LICENSED ADDICTION8
242+COUNSELOR HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED9
243+PROFESSIONAL COUNSELOR, OR THE EQUIVALENT, AS SPECIFIED IN RULES10
244+PROMULGATED BY THE STATE BOARD OF LICENSED PROFESSIONAL11
245+COUNSELOR EXAMINERS CREATED IN SECTION .12
246+SECTION 8. In Colorado Revised Statutes, 12-285-803, add (5)13
247+as follows:14
248+12-245-803. Practice of addiction counseling defined - scope of15
249+practice. (5) THE PRACTICE OF ADDICTION COUNSELING INCLUDES16
250+CLINICAL SUPERVISION BY A LICENSED ADDICTION COUNSELOR OF A17
251+PERSON WORKING TOWARD LICENSURE AS A MARRIAGE AND FAMILY18
252+THERAPIST, PURSUANT TO SECTION 12-245-504 (1), OR A LICENSED19
253+PROFESSIONAL COUNSELOR, PURSUANT TO SECTION 12-245-604 (1), IF THE20
254+LICENSED ADDICTION C OUNSELOR HAS MET THE EDUCATION21
255+REQUIREMENTS FOR A LICENSED MARRIAGE AND FAMILY THERAPIST OR22
256+LICENSED PROFESSIONAL COUNSELOR, OR THE EQUIVALENT, AS SPECIFIED23
257+IN RULES PROMULGATED BY THE STATE BOARD OF MARRIAGE AND FAMILY24
258+THERAPIST EXAMINERS CREATED IN SECTION 12-245-502 OR THE STATE25
259+BOARD OF LICENSED PROFESSIONAL COUNSELOR EXAMINERS CREATED IN26
260+SECTION 12-245-602, AS APPLICABLE.27
261+1045
262+-7- SECTION 9. In Colorado Revised Statutes, 12-245-805, add1
263+(2.5)(c) as follows:2
264+12-245-805. Rights and privileges of certification and licensure3
265+- titles - clinical supervision. (2.5) (c) NOTWITHSTANDING ANY4
266+PROVISION OF THIS TITLE 12 TO THE CONTRARY, A LICENSED CLINICAL5
267+SOCIAL WORKER, PURSUANT TO SECTION 12-245-403 (5), A LICENSED6
268+MARRIAGE AND FAMILY THERAPIST , PURSUANT TO SECTION 12-245-5037
269+(5), OR A LICENSED PROFESSIONAL COUNSELOR, PURSUANT TO SECTION8
270+12-245-603 (3), WHO POSSESSES A VALID, UNSUSPENDED, AND9
271+UNREVOKED LICENSE MAY PROVIDE CLINICAL SUPERVISION OF AN10
272+INDIVIDUAL WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION11
273+TECHNICIAN OR CERTIFIED ADDICTION SPECIALIST IF THE LICENSED12
274+CLINICAL SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST,13
275+OR LICENSED PROFESSIONAL COUNSELOR HAS MET THE EDUCATION14
276+REQUIREMENTS FOR A LICENSED ADDICTION COUNSELOR , OR THE15
277+EQUIVALENT, AS SPECIFIED IN RULES PROMULGATED BY THE STATE BOARD16
278+OF HUMAN SERVICES PURSUANT TO SECTION 27-80-108 (1)(e.5) OR17
279+27-50-107 (3)(e)(II), AS APPLICABLE. 18
280+SECTION 10. In Colorado Revised Statutes, 12-280-103, amend19
281+(39)(g)(III), (39)(g)(IV)(C), (39)(j), and (39)(k); and add (27.5),20
282+(39)(g)(V), and (39)(l) as follows:21
283+12-280-103. Definitions - rules. As used in this article 280, unless22
284+the context otherwise requires or the term is otherwise defined in another23
285+part of this article 280:24
286+(27.5) "M
287+EDICATIONS FOR OPIOID USE DISORDER " OR "MOUD"25
288+MEANS TREATMENT FOR AN OPIOID USE DISORDER USING MEDICATIONS26
289+APPROVED BY THE FDA FOR THAT PURPOSE AND PRESCRIBED, DISPENSED,27
290+1045
291+-8- OR ADMINISTERED IN ACCORDANCE WITH NATIONAL , EVIDENCE-BASED1
292+PUBLISHED GUIDANCE.2
293+(39) "Practice of pharmacy" means:3
294+(g) Exercising independent prescriptive authority:4
295+(III) As authorized pursuant to sections 12-30-110 and5
296+12-280-123 (3) regarding opiate antagonists; or6
297+(IV) For drugs that are not controlled substances, drug categories,7
298+or devices that are prescribed in accordance with the product's8
299+FDA-approved labeling and to patients who are at least twelve years of9
300+age and that are limited to conditions that:10
301+(C) Have a test that is used to guide diagnosis or clinical11
302+decision-making and is waived under the federal "Clinical Laboratory12
303+Improvement Amendments of 1988", Pub.L. 100-578, as amended;
304+OR13
305+(V) F
306+OR ANY FDA-APPROVED PRODUCT INDICATED FOR OPIOID14
307+USE DISORDER IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS ,15
308+INCLUDING MEDICATIONS FOR OPIOID USE DISORDER , IF AUTHORIZED16
309+PURSUANT TO PART 6 OF THIS ARTICLE 280.17
310+(j) Performing other tasks delegated by a licensed physician; and
311+18
312+(k) Providing treatment that is based on national, evidence-based,19
313+published guidance;
314+AND20
315+(l) D
316+ISPENSING OR ADMINISTERING ANY FDA-APPROVED PRODUCT21
317+FOR OPIOID USE DISORDER IN ACCORDANCE WITH FEDERAL LAW AND22
318+REGULATIONS, INCLUDING MEDICATIONS FOR OPIOID USE DISORDER .23
23319 SECTION
24-10-16-112.5 (7)(d), FOR THE DRUG BASED SOLELY ON THE DOSAGE
25-AMOUNT
26-.
27-NOTE: This bill has been prepared for the signatures of the appropriate legislative
28-officers and the Governor. To determine whether the Governor has signed the bill
29-or taken other action on it, please consult the legislative status sheet, the legislative
30-history, or the Session Laws.
31-________
32-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
33-through words or numbers indicate deletions from existing law and such material is not part of
34-the act. SECTION 2. In Colorado Revised Statutes, 10-16-144, add (3) as
35-follows:
36-10-16-144. Health-care services provided by pharmacists.
37-(3) (a) N
38-OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS
39-SECTION TO THE CONTRARY
40-, A HEALTH BENEFIT PLAN DESCRIBED IN
41-SUBSECTION
42-(1) OF THIS SECTION THAT PROVIDES TREATMENT FOR
43-SUBSTANCE USE DISORDERS SHALL REIMBURSE A LICENSED PHARMACIST
44-ACTING WITHIN THE LICENSED PHARMACIST
45-'S SCOPE OF PRACTICE, AND IN
46-ACCORDANCE WITH THE REQUIREMENTS IN PART
47-6 OF ARTICLE 280 OF TITLE
48-12, FOR THE PROVISION OF MEDICATION-ASSISTED TREATMENT SERVICES IF
49-THE HEALTH BENEFIT PLAN PROVIDES COVERAGE FOR THE SAME SERVICES
50-PROVIDED BY A LICENSED PHYSICIAN OR AN ADVANCED PRACTICE
51-REGISTERED NURSE
52-.
320+11. In Colorado Revised Statutes, add 12-280-604 as24
321+follows:25
322+12-280-604. Collaborative pharmacy practice agreement -26
323+statewide drug therapy protocol for medication-assisted treatment27
324+1045
325+-9- for opioid use disorder - rules - definition. (1) A S USED IN THIS1
326+SECTION, "MEDICATION-ASSISTED TREATMENT" MEANS A COMBINATION OF2
327+MEDICATIONS AND BEHAVIORAL THERAPY , SUCH AS BUPRENORPHINE AND3
328+ALL OTHER MEDICATIONS AND THERAPIES APPROVED BY THE FEDERAL4
329+FOOD AND DRUG ADMINISTRATION , TO TREAT OPIOID USE DISORDER.5
330+(2) (a) PURSUANT TO SECTION 12-280-603, THE BOARD, IN6
331+CONJUNCTION WITH THE COLORADO MEDICAL BOARD CREATED IN SECTION7
332+12-240-105
333+ AND THE STATE BOARD OF NURSING CREATED IN SECTION8
334+12-255-105,
335+ SHALL PROMULGATE RULES
336+NO LATER THAN MAY 1, 2025,9
337+DEVELOPING A STATEWIDE DRUG THERAPY PROTOCOL FOR PHARMACISTS10
338+TO PRESCRIBE, DISPENSE, AND ADMINISTER ONLY FEDERAL DRUG11
339+ENFORCEMENT ADMINISTRATION SCHEDULE III, IV, AND V12
340+FDA-APPROVED PRODUCTS AS MEDICATION-ASSISTED TREATMENT FOR13
341+OPIOID USE DISORDER.14
342+(b) IN DEVELOPING THE STATEWIDE DRUG THERAPY PROTOCOL ,15
343+THE APPLICABLE BOARDS SHALL CONSIDER REQUIREMENTS FOR TRAINING ,16
344+INCLUDING A PROGRAM ACCREDITED BY THE ACCREDITATION COUNCIL17
345+FOR PHARMACY EDUCATION, OR ITS SUCCESSOR ENTITY; PATIENT NOTICE18
346+AND CONSENT; PROVIDER REFERRAL CRITERIA; LAB SCREENING AND19
347+TESTING; MONITORING; PATIENT PRIVACY; AND PATIENT FOLLOW-UP CARE20
348+AND COUNSELING. THE RULES DEVELOPED PURSUANT TO SUBSECTION21
349+(2)(a) OF THIS SECTION MUST SPECIFY THAT ANY COLLABORATING22
350+ENTITIES UTILIZING THE PROTOCOL ARE CLEARLY IDENTIFIED .23
351+(3) T
352+HIS SECTION DOES NOT REQUIRE A STATEWIDE DRUG THERAPY24
353+PROTOCOL OR COLLABORATIVE PHARMACY PRACTICE AGREEMENT BEFORE25
354+A PHARMACIST MAY PRESCRIBE, DISPENSE, OR ADMINISTER
355+ONLY FEDERAL26
356+DRUG ENFORCEMENT ADMINISTRATION SCHEDULE III, IV, AND V27
357+1045
358+-10- FDA-APPROVED PRODUCTS AS MEDICATION -ASSISTED TREATMENT, IF THE1
359+PRESCRIBING, DISPENSING, OR ADMINISTERING MEDICATION -ASSISTED2
360+TREATMENT IS OTHERWISE AUTHORIZED UNDER LAW .3
361+ 4
362+SECTION 12. In Colorado Revised Statutes, 23-21-802, amend5
363+(1)(h)(I) as follows:6
364+23-21-802. Legislative declaration. (1) The general assembly7
365+finds that:8
366+(h) In order to increase access to addiction treatment in areas of9
367+the state where opioid addiction is prevalent, it is necessary to establish10
368+a pilot program to award grants to:11
369+(I) Organizations, or practices, OR PHARMACIES with nurse12
370+practitioners, and physician assistants, OR PHARMACISTS to enable them13
371+to obtain the training and ongoing support required to prescribe14
372+medications, such as buprenorphine and all other medications and15
373+therapies approved by the federal food and drug administration, to treat16
374+opioid use disorders; and17
375+SECTION 13. In Colorado Revised Statutes, 23-21-803, add18
376+(5.3) as follows:19
377+23-21-803. Definitions. As used in this part 8, unless the context20
378+otherwise requires:21
379+(5.3) "P
380+HARMACIST" MEANS AN INDIVIDUAL LICENSED IN22
381+C
382+OLORADO TO ENGAGE IN THE PRACTICE OF PHARMACY WHO IS23
383+PRESCRIBING MEDICATION-ASSISTED TREATMENT PURSUANT TO PART 6 OF24
384+ARTICLE 280 OF TITLE 12.25
385+SECTION
386+14. In Colorado Revised Statutes, 23-21-804, amend26
387+(1) and (2) as follows:27
388+1045
389+-11- 23-21-804. Medication-assisted treatment expansion pilot1
390+program - created - pilot program location - eligible grant recipients2
391+- rules. (1) (a) There is hereby created the medication-assisted treatment3
392+expansion pilot program to provide grants to community agencies,4
393+office-based practices, behavioral health organizations, and substance5
394+abuse treatment organizations,
395+AND PHARMACIES to enable:6
396+(I) Nurse practitioners or physician assistants working in those7
397+settings to obtain training and ongoing support required under the federal8
398+act in order to prescribe buprenorphine and all other medications and9
399+therapies approved by the federal food and drug administration as part of10
400+medication-assisted treatment provided to individuals with an opioid use11
401+disorder; and
402+12
403+(II) Those agencies, practices, and organizations to provide13
404+behavioral therapies and support in conjunction with medication-assisted14
405+treatment for individuals with an opioid use disorder;
406+AND15
407+(III) P
408+HARMACISTS AUTHORIZED UNDER A STATEWIDE DRUG16
409+THERAPY PROTOCOL PURSUANT TO SECTION 12-280-605, A17
410+COLLABORATIVE PHARMACY PRACTICE AGREEMENT PURSUANT TO PART18
411+6
412+ OF ARTICLE 280 OF TITLE 12, OR OTHERWISE AUTHORIZED UNDER LAW TO19
413+PRESCRIBE, DISPENSE, OR ADMINISTER MEDICATION-ASSISTED TREATMENT20
414+FOR INDIVIDUALS WITH AN OPIOID USE DISORDER .21
415+(b) The MAT expansion pilot program is available to provide22
416+grants to community agencies, office-based practices, behavioral health23
417+organizations, and
418+ substance abuse treatment organizations practicing or24
419+providing treatment in Pueblo county or Routt county, and, starting in the25
420+2019-20 fiscal year, the San Luis valley and up to two additional counties26
421+selected by the center for participation based on demonstrated need. T
422+HE27
423+1045
424+-12- MAT EXPANSION PILOT PROGRAM MAY ALSO PROVIDE GRANTS TO1
425+PHARMACIES FOR THE PURPOSES ALLOWED UNDER THE GRANT PROGRAM2
426+ONCE THE CONDITIONS DESCRIBED IN SUBSECTION (1)(a)(III) OF THIS3
427+SECTION ARE MET.4
428+(2) A grant recipient may use the money received through the pilot5
429+program for the following purposes:6
430+(a) To enable nurse practitioners or physician assistants practicing7
431+or working in the grant recipient's setting in the pilot program area to8
432+obtain the training required to be a qualified nurse practitioner or9
433+physician assistant in order to prescribe buprenorphine and all other10
434+medications and therapies approved by the federal food and drug11
435+administration as part of medication-assisted treatment for individuals12
436+with opioid use disorders; and13
437+(b) To increase access to medication-assisted treatment for14
438+individuals with opioid use disorders in the pilot program area;
439+AND15
440+(c) T
441+O OBTAIN TRAINING FOR PHARMACISTS TO PROVIDE16
442+MEDICATION-ASSISTED TREATMENT SERVICES.17
443+SECTION
444+15. In Colorado Revised Statutes, 23-21-805, amend18
445+(2)(a)(V) and (2)(a)(VI); and add (2)(a)(VII) as follows:19
446+23-21-805. MAT expansion advisory board - created - duties.20
447+(2) (a) The advisory board consists of representatives of the following21
448+entities or organizations who are designated by the entity or organization:22
449+(V) The Colorado Academy of Physician Assistants; and23
450+(VI) The physician assistant program at the university of24
451+Colorado;
452+AND25
453+(VII) T
454+HE COLORADO PHARMACISTS SOCIETY .26
455+SECTION
456+16. In Colorado Revised Statutes, 23-21-806, amend27
457+1045
458+-13- (1) introductory portion, (1)(c), (2)(b), (2)(d), and (3); and repeal (1)(d)1
459+as follows:2
460+23-21-806. Grant application - criteria - awards. (1) To receive3
461+a grant, an eligible organization, or practice, OR PHARMACY must submit4
462+an application to the center in accordance with pilot program guidelines5
463+and procedures established by the center. At a minimum, the application6
464+must include the following information:7
465+(c) The number of nurse practitioners, or physician assistants, OR8
466+PHARMACISTS willing to complete the required training;9
467+(d) Identification of any incentives to assist nurse practitioners or10
468+physician assistants in completing the required training and becoming11
469+certified to prescribe buprenorphine;12
470+(2) The advisory board shall review the applications received13
471+pursuant to this section and make recommendations to the center14
472+regarding grant recipients and awards. In recommending grant awards and15
473+in awarding grants, the advisory board and the center shall consider the16
474+following criteria:17
475+(b) The number of opioid-dependent patients that WHO could be18
476+served by nurse practitioners, or physician assistants, OR PHARMACISTS19
477+working in or with a practice or organization applying for a grant;20
478+(d) The written commitment of the applicant to have nurse21
479+practitioners, or physician assistants, OR PHARMACISTS participate in22
480+periodic consultations with center staff; and23
481+(3) Subject to available appropriations, in the 2019-20 and24
482+2020-21 fiscal years, the center shall award grants to applicants approved25
483+in accordance with this section and shall distribute the grant money to26
484+grant recipients within ninety days after issuing the grant awards.27
485+1045
486+-14- SECTION 17. In Colorado Revised Statutes, 23-21-807, amend1
487+(1) introductory portion, (1)(c), (2) introductory portion, (2)(e), and2
488+(2)(g); repeal (2)(c); and add (1)(e) as follows:3
489+23-21-807. Reporting requirements. (1) Each organization, or4
490+practice,
491+OR PHARMACY that receives a grant through the pilot program5
492+shall submit an annual report to the center by a date set by the center. At6
493+a minimum, the report must include the following information:7
494+(c) The number of nurse practitioners, or
495+ physician assistants, OR8
496+PHARMACISTS who were trained; and who received certification to9
497+prescribe buprenorphine and all other medications and therapies approved10
498+by the federal food and drug administration to treat opioid use disorder;11
499+and12
500+(e) A
501+ DETAILED DESCRIPTION OF THE TRAINING RECEIVED BY13
502+PHARMACISTS; WHETHER THE PHARMACISTS WHO RECEIVED TRAINING ARE14
503+CURRENTLY ABLE TO PROVIDE AND ARE PROVIDING MEDICATION -ASSISTED15
504+TREATMENT TO OPIOID-DEPENDENT PATIENTS; AND THE NUMBER OF16
505+OPIOID-DEPENDENT PATIENTS TREATED DURING THE PILOT PROGRAM17
506+PERIOD BY EACH PHARMACIST.18
507+(2) On or before June 30, 2018, and on or before each June 30
508+19
509+through June 30, 2021, The center shall ANNUALLY submit a summarized20
510+report on the pilot program to the health and human services committee21
511+of the senate and the health and insurance and the public health care and22
512+human services committees of the house of representatives, or any23
513+successor committees, and to the governor. At a minimum, the report24
514+must include:25
515+(c) The total number of nurse practitioners and physician26
516+assistants who completed the required training and became certified to27
517+1045
518+-15- prescribe buprenorphine, listed by county participating in the pilot1
519+program;2
520+(e) A summary of policies and procedures instituted by grant3
521+recipients related to the provision of MAT by qualified nurse4
522+practitioners, and physician assistants, AND PHARMACISTS;5
523+(g) A summary of lessons learned and recommendations for6
524+implementing MAT as provided by nurse practitioners, and physician7
525+assistants, and
526+PHARMACISTS in other communities in the state.8
527+SECTION
528+18. In Colorado Revised Statutes, add 25.5-4-505.59
529+as follows:10
530+25.5-4-505.5. Federal authorization related to persons involved11
531+in the criminal justice system - report - rules - legislative declaration.12
532+(1) (a) T
533+HE GENERAL ASSEMBLY FINDS THAT :13
534+(I) F
535+OR DECADES, FEDERAL MEDICAID POLICY PROHIBITED THE USE14
536+OF FEDERAL FUNDING FOR INCARCERATED MEDICAID MEMBERS ;15
537+(II) W
538+ITH THE EMERGING OPPORTUNITY TO ALLOW FOR COVERAGE16
539+OF INCARCERATED MEDICAID MEMBERS , COLORADO IS SUPPORTIVE OF17
540+ENSURING THESE MEMBERS HAVE ACCESS TO NEEDED SERVICES AND18
541+TREATMENT; AND19
542+(III) C
543+OLORADO IS COMMITTED TO ENSURING MEDICAID MEMBERS20
544+HAVE ACCESS TO A CIVIL, COMMUNITY-BASED SYSTEM THAT MEETS21
545+MEMBERS' NEEDS AND ENSURES COLORADO'S COUNTY JAILS, JUVENILE22
546+FACILITIES, AND PRISONS DO NOT BECOME PRIMARY ACCESS POINTS FOR23
547+HEALTH-CARE SERVICES FOR PEOPLE EXPERIENCING BEHAVIORAL HEALTH24
548+CONDITIONS.25
549+(b) T
550+HEREFORE, THE GENERAL ASSEMBLY DECLARES IT IS IN THE26
551+BEST INTEREST OF ALL COLORADANS, AND ESPECIALLY COLORADANS27
552+1045
553+-16- LIVING WITH BEHAVIORAL HEALTH CONDITIONS , TO REQUIRE THE1
554+DEPARTMENT OF HEALTH CARE POLICY AND FINANCING TO SEEK A2
555+FEDERAL WAIVER OF THE MEDICAID INMATE EXCLUSION POLICY THAT3
556+INCLUDES ANNUAL DATA REPORTING REQUIREMENTS THAT :4
557+(I) I
558+NFORM COLORADANS REGARDING THE UNMET HEALTH NEEDS5
559+OF INDIVIDUALS INVOLVED IN THE CRIMINAL JUSTICE SYSTEM ;6
560+(II) P
561+ROMOTE THE ESTABLISHMENT OF CONTINUOUS CIVIL SYSTEMS7
562+OF CARE WITHIN COMMUNITIES DEMONSTRABLY COMMITTED TO8
563+DIVERSION OR DEFLECTION EFFORTS , INCLUDING BUT NOT LIMITED TO9
564+MOBILE OUTREACH, CO-RESPONDER PROGRAMS , AND PROSECUTOR- OR10
565+JUDICIAL-LED INITIATIVES; AND11
566+(III) A
567+IM TO REDUCE UNNECESSARY INVOLVEMENT WITH THE12
568+CRIMINAL JUSTICE SYSTEM AND INCREASE ACCESS TO COMMUNITY -BASED13
569+HOUSING, HEALTH CARE, SUPPORTS, AND SERVICES.14
570+(2) (a) NO LATER THAN APRIL 1, 2024, THE STATE DEPARTMENT15
571+SHALL SEEK A FEDERAL AUTHORIZATION TO PROVIDE, THROUGH THE16
572+STATE MEDICAL ASSISTANCE PROGRAM , MEDICATION-ASSISTED17
573+TREATMENT AND CASE MANAGEMENT TO A MEMBER PRIOR TO THE18
574+MEMBER'S RELEASE AND A THIRTY -DAY SUPPLY OF PRESCRIPTION19
575+MEDICATIONS TO A MEMBER UPON THE MEMBER'S RELEASE FROM A20
576+JUVENILE INSTITUTIONAL FACILITY, AS DEFINED IN SECTION 25-1.5-30121
577+(2)(b), OR A DEPARTMENT OF CORRECTIONS FACILITY .22
578+(b) B
579+EGINNING JULY 1, 2025, AND SUBJECT TO AVAILABLE23
580+APPROPRIATIONS, THE SERVICES DESCRIBED IN SUBSECTION (2)(a) OF THIS24
581+SECTION ARE AVAILABLE UPON RECEIPT OF THE NECESSARY FEDERAL25
582+AUTHORIZATION.26 (3) (a) (I) NO LATER THAN APRIL 1, 2025, THE STATE DEPARTMENT27
583+1045
584+-17- SHALL SEEK A FEDERAL AUTHORIZATION TO PROVIDE, THROUGH THE1
585+STATE MEDICAL ASSISTANCE PROGRAM , MEDICATION-ASSISTED2
586+TREATMENT AND CASE MANAGEMENT TO A MEMBER PRIOR TO THE3
587+MEMBER'S RELEASE FROM JAIL AND A THIRTY-DAY SUPPLY OF4
588+PRESCRIPTION MEDICATIONS TO A MEMBER UPON THE MEMBER'S RELEASE5
589+FROM JAIL.6
590+(II) THE STATE DEPARTMENT SHALL IMPLEMENT SUBSECTION7
591+(3)(a)(I) OF THIS SECTION ONLY IF THE STATE DEPARTMENT DETERMINES8
592+THAT PROVIDING THE SERVICES DESCRIBED IN SUBSECTION (3)(a)(I) OF9
593+THIS SECTION IS BUDGET NEUTRAL.10
594+(b) B
595+EGINNING JULY 1, 2026, AND SUBJECT TO AVAILABLE11
596+APPROPRIATIONS, THE SERVICES DESCRIBED IN SUBSECTION (3)(a) OF THIS12
597+SECTION ARE AVAILABLE UPON RECEIPT OF THE NECESSARY FEDERAL13
598+AUTHORIZATION.14
599+(4) U
600+PON RECEIPT OF THE NECESSARY FEDERAL AUTHORIZATION ,15
601+THE STATE DEPARTMENT SHALL :16
602+(a) C
603+ONDUCT A RIGOROUS STAKEHOLDER PROCESS THAT17
604+INCLUDES, BUT IS NOT LIMITED TO , RECEIVING FEEDBACK FROM18
605+INDIVIDUALS WITH LIVED EXPERIENCE IN ACCESSING, OR THE INABILITY TO19
606+ACCESS, BEHAVIORAL HEALTH SERVICES IN CIVIL SETTINGS, COUNTY JAILS,20
607+JUVENILE INSTITUTIONAL FACILITIES , AND THE DEPARTMENT OF21
608+CORRECTIONS; AND22
609+(b) R
610+EQUIRE EACH COUNTY WITH A COUNTY JAIL SEEKING TO23
611+PROVIDE SERVICES PURSUANT TO THIS SECTION TO DEMONSTRATE A24
612+COMMITMENT TO DIVERSION OR DEFLECTION EFFORTS , INCLUDING BUT25
613+NOT LIMITED TO MOBILE OUTREACH , CO-RESPONDER PROGRAMS , AND26
614+PROSECUTOR- OR JUDICIAL-LED INITIATIVES THAT AIM TO REDUCE27
615+1045
616+-18- UNNECESSARY INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM AND1
617+INCREASE ACCESS TO COMMUNITY -BASED HOUSING, HEALTH CARE,2
618+SUPPORTS, AND SERVICES.3
619+(5) (a) T
620+HE STATE DEPARTMENT SHALL ONLY REIMBURSE AN4
621+OPIOID TREATMENT PROGRAM , AS DEFINED IN SECTION 27-80-203, FOR5
622+ADMINISTERING MEDICATION-ASSISTED TREATMENT IN A JAIL SETTING. AT6
623+A MINIMUM, AN OPIOID TREATMENT PROGRAM THAT ADMINISTERS7
624+MEDICATION-ASSISTED TREATMENT SHALL:8
625+(I) E
626+MPLOY A PHYSICIAN MEDICAL DIRECTOR ;9
627+(II) E
628+NSURE THE INDIVIDUAL RECEIVING MEDICATION -ASSISTED10
629+TREATMENT UNDERGOES A MINIMUM OBSERVATION PERIOD AFTER11
630+RECEIVING MEDICATION-ASSISTED TREATMENT, AS DETERMINED BY12
631+BEHAVIORAL HEALTH ADMINISTRATION RULE PURSUANT TO SECTION13
632+27-80-204;
633+ AND14
634+(III) M
635+EET ALL CRITICAL INCIDENT REPORTING REQUIREMENTS AS15
636+DETERMINED BY BEHAVIORAL HEALTH ADMINISTRATION RULE PURSUANT16
637+TO SECTION 27-80-204.17
638+(b) T
639+HE STATE DEPARTMENT SHALL ENSURE AS PART OF THE STATE18
640+DEPARTMENT'S QUALITY OVERSIGHT THAT OPIOID TREATMENT PROGRAMS19
641+THAT ADMINISTER MEDICATION -ASSISTED TREATMENT IN A JAIL SETTING20
642+MAINTAIN EMERGENCY POLICIES AND PROCEDURES THAT ADDRESS21
643+ADVERSE OUTCOMES.22
644+(6) T
645+HE STATE DEPARTMENT MAY EXPAND SERVICES AVAILABLE23
646+PURSUANT TO THIS SECTION AS AUTHORIZED PURSUANT TO FEDERAL LAW24
647+AND REGULATIONS. IF THE STATE DEPARTMENT SEEKS TO EXPAND25
648+SERVICES, THE STATE DEPARTMENT SHALL DEMONSTRATE HOW THE STATE26
649+DEPARTMENT WILL ENSURE QUALITY OF CARE AND CLIENT SAFETY , WHICH27
650+1045
651+-19- MUST INCLUDE ADDRESSING QUALITY AND SAFETY IN ADMINISTERING1
652+MEDICATIONS IN A JAIL SETTING.2
653+(7) (a) B
654+EGINNING JULY 1, 2025, AND EACH JULY 1 THEREAFTER,3
655+THE STATE DEPARTMENT SHALL ANNUALLY REPORT TO THE HOUSE OF4
656+REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN5
657+SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES6
658+COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , THE FOLLOWING7
659+INFORMATION:8
660+(I) D
661+E-IDENTIFIED INFORMATION OF INDIVIDUALS WHO HAVE9
662+ACCESSED SERVICES, INCLUDING EACH INDIVIDUAL'S DEMOGRAPHICS, THE10
663+TYPE OF SERVICES THE INDIVIDUAL ACCESSED , THE DURATION OF THE11
664+SERVICES OFFERED IN A CARCERAL SETTING COMPARED TO THE DURATION12
665+OF THE SAME SERVICES OFFERED IN A CIVIL SETTING , AND THE13
666+INDIVIDUAL'S EXPERIENCES BEFORE AND AFTER INCARCERATION ,14
667+INCLUDING BUT NOT LIMITED TO:15
668+(A) E
669+MERGENCY ROOM OR CRISIS SYSTEM VISITS ;16
670+(B) I
671+NPATIENT STAYS FOR A PRIMARY BEHAVIORAL HEALTH17
672+CONDITION; AND18
673+(C) S
674+ERVICES ACCESSED IN A QUALIFIED RESIDENTIAL TREATMENT19
675+PROGRAM, AS DEFINED IN SECTION 19-1-103, OR A PSYCHIATRIC20
676+RESIDENTIAL TREATMENT FACILITY , AS DEFINED IN SECTION 25.5-4-103;21
677+(II) T
678+HE TOTAL NUMBER OF MEDICAID MEMBERS WHO WERE22
679+UNHOUSED BEFORE OR AFTER INCARCERATION , IF AVAILABLE;23
680+(III) T
681+HE TOTAL NUMBER OF UNIQUE INCARCERATION STAYS BY24
682+MEDICAID MEMBERS, AS DEMONSTRATED BY THE SERVICES ACCESSED ;25
683+(IV) T
684+HE TOTAL NUMBER OF INDIVIDUALS WHO ACCESSED26
685+SERVICES IN A CIVIL SETTING PRIOR TO ARREST OR DETAINMENT AND WERE27
686+1045
687+-20- SUBSEQUENTLY EVALUATED FOR COMPETENCY , ORDERED TO COMPETENCY1
688+RESTORATION, RESTORED TO COMPETENCY , OR FOUND INCOMPETENT TO2
689+PROCEED IN A FORENSIC SETTING; AND3
690+(V) P
691+ERSISTENT GAPS IN CONTINUITY OF CARE IN4
692+LEAST-RESTRICTIVE CIVIL SETTINGS.5
693+(b) N
694+OTWITHSTANDING SECTION 24-1-136 (11)(a)(I) TO THE6
695+CONTRARY, THE STATE DEPARTMENT'S REPORT CONTINUES INDEFINITELY.7
696+(8) T
697+HE STATE DEPARTMENT MAY PROMULGATE RULES FOR THE8
698+IMPLEMENTATION OF THIS SECTION.9
699+SECTION
700+19. In Colorado Revised Statutes, 25.5-5-320, amend10
701+(7) as follows:11
702+25.5-5-320. Telemedicine - reimbursement - disclosure12
703+statement - rules - definition. (7) As used in this section, "health-care13
704+or mental health-care services" includes speech therapy, physical therapy,14
705+occupational therapy, dental care, hospice care, home health care,15
706+SUBSTANCE USE DISORDER TREATMENT , and pediatric behavioral health16
707+care.17
708+SECTION
709+20. In Colorado Revised Statutes, 25.5-5-325, amend18
710+(1); and add (2.5) as follows:19
711+25.5-5-325. Partial hospitalization and residential and20
712+inpatient substance use disorder treatment - medical detoxification21
713+services - federal approval - performance review report. (1) Subject22
714+to available appropriations and to the extent permitted under federal law,23
715+the medical assistance program pursuant to this article 5 and articles 4 and24
716+6 of this title 25.5 includes
717+PARTIAL HOSPITALIZATION AND residential and25
718+inpatient substance use disorder treatment and medical detoxification26
719+services. Participation in
720+PARTIAL HOSPITALIZATION AND the residential27
721+1045
722+-21- and inpatient substance use disorder treatment and medical detoxification1
723+services benefit is limited to persons who meet nationally recognized,2
724+evidence-based level of care criteria for
725+PARTIAL HOSPITALIZATION OR3
726+residential and inpatient substance use disorder treatment and medical4
727+detoxification services. The benefit shall
728+ MUST serve persons with5
729+substance use disorders, including those with co-occurring mental health6
730+disorders. All levels of nationally recognized, evidence-based levels of7
731+care for
732+PARTIAL HOSPITALIZATION AND residential and inpatient8
733+substance use disorder treatment and medical detoxification services must9
734+be included in the benefit.10
735+(2.5) N
736+O LATER THAN JULY 1, 2026, THE STATE DEPARTMENT11
737+SHALL SEEK FEDERAL AUTHORIZATION TO PROVIDE PARTIAL12
738+HOSPITALIZATION FOR SUBSTANCE USE DISORDER TREATMENT WITH FULL13
739+FEDERAL FINANCIAL PARTICIPATION . PARTIAL HOSPITALIZATION FOR14
740+SUBSTANCE USE DISORDER TREATMENT SHALL NOT TAKE EFFECT UNTIL15
741+FEDERAL APPROVAL HAS BEEN OBTAINED .16
742+SECTION
743+21. In Colorado Revised Statutes, 25.5-5-422, amend17
744+(2) as follows:18
745+25.5-5-422. Medication-assisted treatment - limitations on19
746+MCEs - definition. (2) Notwithstanding any provision of law to the20
747+contrary, beginning January 1, 2020, each MCE that provides prescription21
748+drug benefits
749+OR METHADONE ADMINISTRATION for the treatment of22
750+substance use disorders shall:23
751+(a) Not impose any prior authorization requirements on any24
752+prescription medication approved by the FDA for the treatment of25
753+substance use disorders,
754+REGARDLESS OF THE DOSAGE AMOUNT ;26
755+(b) Not impose any step therapy requirements as a prerequisite to27
756+1045
757+-22- authorizing coverage for a prescription medication approved by the FDA1
758+for the treatment of substance use disorders; and2
759+(c) Not exclude coverage for any prescription medication3
760+approved by the FDA for the treatment of substance use disorders and any4
761+associated counseling or wraparound services solely on the grounds that5
762+the medications and services were court ordered;
763+AND6
764+(d) S
765+ET THE REIMBURSEMENT RATE FOR TAKE -HOME METHADONE7
766+TREATMENT AND OFFICE-ADMINISTERED METHADONE TREATMENT AT THE8
767+SAME RATE.9
768+SECTION
769+22. In Colorado Revised Statutes, add 27-60-116 as10
770+follows:11
771+27-60-116. Withdrawal management facilities - data collection12
772+- approval of admission criteria - definition - repeal. (1) (a) N
773+O LATER13
774+THAN JULY 1, 2025, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL14
775+COLLECT DATA FROM EACH WITHDRAWAL MANAGEMENT FACILITY ON THE15
776+TOTAL NUMBER OF INDIVIDUALS WHO WERE DENIED ADMITTANCE OR16
777+TREATMENT FOR WITHDRAWAL MANAGEMENT DURING THE PREVIOUS17
778+CALENDAR YEAR AND THE REASON FOR THE DENIAL .18
779+(b) T
780+HE BHA SHALL SHARE THE DATA RECEIVED FROM19
781+WITHDRAWAL MANAGEMENT FACILITIES PURS UANT TO SUBSECTION (1)(a)20
782+OF THIS SECTION WITH BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES21
783+ORGANIZATIONS.22
784+(2) B
785+EGINNING JANUARY 1, 2025, THE BHA SHALL REVIEW AND23
786+APPROVE ANY ADMISSION CRITERIA ESTABLISHED BY A WITHDRAWAL24
787+MANAGEMENT FACILITY, AS DEFINED IN SECTION 27-66.5-102.25
788+(3) A
789+S USED IN THIS SECTION, "WITHDRAWAL MANAGEMENT26
790+FACILITY" HAS THE SAME MEANING AS SET FORTH IN SECTION 27-66.5-102.27
791+1045
792+-23- SECTION 23. In Colorado Revised Statutes, add 25.5-5-427 as1
793+follows:2
794+25.5-5-427. Managed care entities - behavioral health3
795+providers - disclosure of reimbursement rates. (1) THE STATE4
796+DEPARTMENT SHALL REQUIRE EACH MCE THAT CONTRACTS WITH THE5
797+STATE DEPARTMENT TO DISCLOSE THE AGGREGATED AVERAGE AND6
798+LOWEST RATES OF REIMBURSEMENT FOR A SET OF BEHAVIORAL HEALTH7
799+SERVICES DETERMINED BY THE STATE DEPARTMENT .8
800+(2) BEHAVIORAL HEALTH PROVIDERS ARE AUTHORIZED TO9
801+DISCLOSE THE REIMBURSEMENT RATES PAID BY AN MCE TO THE10
802+BEHAVIORAL HEALTH PROVIDER .11
803+SECTION 24. In Colorado Revised Statutes, amend 25.5-5-51012
804+as follows:13
805+25.5-5-510. Pharmacy reimbursement - substance use disorder14
806+- injections. If a pharmacy has entered into a collaborative pharmacy15
807+practice agreement with one or more physicians pursuant to section16
808+12-280-602 to administer A PHARMACY ADMINISTERING injectable17
809+antagonist medication for medication-assisted treatment for substance use18
810+disorders the pharmacy administering the drug shall receive an enhanced19
811+dispensing fee that aligns with the administration fee paid to a provider20
812+in a clinical setting.21
813+SECTION 25. In Colorado Revised Statutes, add 25.5-5-512.522
814+as follows:23
815+25.5-5-512.5. Medications for opioid use disorder -24
816+pharmacists - reimbursement - definition. (1) A
817+S USED IN THIS25
818+SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "MEDICATIONS FOR26
819+OPIOID USE DISORDER" OR "MOUD" HAS THE MEANING AS SET FORTH IN27
820+1045
821+-24- SECTION 12-280-103 (27.5).1
822+(2) T
823+HE STATE DEPARTMENT SHALL REIMBURSE A LICENSED2
824+PHARMACIST FOR PRESCRIBING OR ADMINISTERING MEDICATIONS FOR AN3
825+OPIOID USE DISORDER, IF THE PHARMACIST IS AUTHORIZED PURSUANT TO4
826+ARTICLE 280 OF TITLE 12, AT A RATE EQUAL TO THE REIMBURSEMENT5
827+PROVIDED TO A PHYSICIAN , PHYSICIAN ASSISTANT, OR ADVANCED6
828+PRACTICE REGISTERED NURSE FOR THE SAME SERVICES .7
829+(3) T
830+HE STATE DEPARTMENT SHALL SEEK ANY FEDERAL8
831+AUTHORIZATION NECESSARY TO IMPLEMENT THIS SECTION .9
832+SECTION
833+26. In Colorado Revised Statutes, 26.5-3-206, add (4)10
834+as follows:11
835+26.5-3-206. Colorado child abuse prevention trust fund -12
836+creation - source of funds - repeal. (4) (a) F
837+OR THE 2024-25 STATE13
838+FISCAL YEAR AND EACH STATE FISCAL YEAR THEREAFTER , THE GENERAL14
839+ASSEMBLY SHALL APPROPRIATE ONE HUNDRED FIFTY THOUSAND DOLLARS15
840+TO THE TRUST FUND . THE BOARD SHALL DISTRIBUTE THE MONEY16
841+APPROPRIATED PURSUANT TO THIS SUBSECTION (4)(a) FOR PROGRAMS TO17
842+REDUCE THE OCCURRENCE OF PRENATAL SUBSTANCE EXPOSURE IN18
843+ACCORDANCE WITH SECTION 26.5-3-205 (1)(h)(III).19
844+(b) (I) F
845+OR THE 2024-25 AND 2025-26 STATE FISCAL YEARS, THE20
846+GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE FIFTY THOUSAND21
847+DOLLARS TO THE TRUST FUND. THE BOARD SHALL DISTRIBUTE THE MONEY22
848+APPROPRIATED PURSUANT TO THIS SUBSECTION (4)(b) TO CONVENE A23
849+STAKEHOLDER GROUP TO IDENTIFY STRATEGIES TO INCREASE ACCESS TO24
850+CHILD CARE FOR FAMILIES SEEKING SUBSTANCE USE DISORDER TREATMENT25
851+AND RECOVERY SERVICES.26
852+(II) T
853+HIS SUBSECTION (4)(b) IS REPEALED, EFFECTIVE JUNE 30,27
854+1045
855+-25- 2027.1
856+ 2
857+SECTION 27. In Colorado Revised Statutes, add 27-50-305 as3
858+follows:4
859+27-50-305. Resources to support behavioral health safety net5
860+providers - independent third-party contract. (1) N
861+O LATER THAN6
862+J
863+ULY 1, 2025, THE BHA SHALL CONTRACT WITH AN INDEPENDENT7
864+THIRD-PARTY ENTITY TO PROVIDE SERVICES AND SUPPORTS TO8
865+BEHAVIORAL HEALTH PROVIDERS SEEKING TO BECOME A BEHAVIORAL9
866+HEALTH SAFETY NET PROVIDER WITH THE GOAL OF THE PROVIDER10
867+BECOMING SELF-SUSTAINING.11
868+(2) T
869+HE INDEPENDENT THIRD -PARTY ENTITY SHALL ASSIST12
870+BEHAVIORAL HEALTH PROVIDERS IN ACCESSING ALTERNATIVE PAYMENT13
871+MODELS AND ENHANCED REIMBURSEMENT RATES THR OUGH THE BHA AND14
872+MEDICAID BY PROVIDING:15
873+(a) S
874+UPPORT TO PROVIDERS IN COMPLETING THE ANNUAL COST16
875+REPORTING TO INFORM MEDICAID RATE -SETTING;17
53876 (b) A
54- HEALTH BENEFIT PLAN REIMBURSING A LICENSED PHARMACIST
55-PURSUANT TO SUBSECTION
56- (3)(a) OF THIS SECTION SHALL REIMBURSE A
57-LICENSED PHARMACIST AT THE SAME RATE THAT THE HEALTH BENEFIT PLAN
58-REIMBURSES A LICENSED PHYSICIAN OR AN ADVANCED PRACTICE
59-REGISTERED NURSE WITHIN THE HEALTH BENEFIT PLAN
60-'S NETWORK OF
61-PARTICIPATING PROVIDERS FOR THE SAME SERVICES
62-.
63-SECTION 3. In Colorado Revised Statutes, 12-245-403, add (5) as
64-follows:
65-12-245-403. Social work practice defined. (5) S
66-OCIAL WORK
67-PRACTICE INCLUDES THE CLINICAL SUPERVISION BY A LICENSED CLINICAL
68-SOCIAL WORKER OF A PERSON WORKING TOWARD CERTIFICATION AS A
69-CERTIFIED ADDICTION TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST
70-PURSUANT TO SECTION
71-12-245-804 (3.5), IF THE LICENSED CLINICAL SOCIAL
72-WORKER HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED
73-ADDICTION COUNSELOR
74-, OR THE EQUIVALENT , AS SPECIFIED IN RULES
75-PROMULGATED BY THE STATE BOARD OF HUMAN SERVICES PURSUANT TO
877+NALYSIS OF CURRENT ACCOUNTING PRACTICES AND18
878+RECOMMENDATIONS ON IMPLEMENTING NEW OR MODIFIED PRACTICES TO19
879+SUPPORT THE SOUNDNESS OF COST REPORTING ;20
880+(c) A
881+DMINISTRATIVE SUPPORT FOR ENROLLING IN DIFFERENT21
882+PAYER TYPES, INCLUDING, BUT NOT LIMITED TO, MEDICAID, MEDICARE,22
883+AND COMMERCIAL INSURANCE ;23
884+(d) B
885+ILLING AND CODING SUPPORT;24
886+(e) C
887+LAIMS PROCESSING;25
888+(f) D
889+ATA ANALYSIS;26
890+(g) C
891+OMPLIANCE AND TRAINING ON POLICIES AND PROCEDURES ;27
892+1045
893+-26- (h) SHARED PURCHASING FOR TECHNOLOGY ;1
894+(i) A
895+SSISTANCE IN BUILDING PROVIDER CAPACITY TO BECOME A2
896+BEHAVIORAL HEALTH SAFETY NET PROVIDER ; AND3
897+(j) A
898+NY OTHER SERVICE AND SUPPORT APPROVED BY THE BHA.4
899+(3) T
900+HE INDEPENDENT THIRD-PARTY ENTITY SHALL PRIORITIZE5
901+PROVIDING SERVICES AND SUPPORTS TO A BEHAVIORAL HEALTH PROVIDER6
902+THAT HAS NOT PREVIOUSLY USED THE STATE COST REPORT PROCESS TO SET7
903+MEDICAID RATES.8
904+(4) T
905+HE INDEPENDENT THIRD -PARTY ENTITY SHALL BE9
906+NONPARTISAN AND SHALL NOT LOBBY , PERSONALLY OR IN ANY OTHER10
907+MANNER, DIRECTLY OR INDIRECTLY, FOR OR AGAINST ANY PENDING11
908+LEGISLATION BEFORE THE GENERAL ASSEMBLY .12
76909 SECTION
77-27-80-108 (1)(e.5) OR 27-50-107 (3)(e)(II), AS APPLICABLE.
78-SECTION 4. In Colorado Revised Statutes, 12-245-503, add (5) as
79-follows:
80-12-245-503. Marriage and family therapy practice defined.
81-PAGE 2-HOUSE BILL 24-1045 (5) MARRIAGE AND FAMILY THERAPY PRACTICE INCLUDES THE CLINICAL
82-SUPERVISION BY A LICENSED MARRIAGE AND FAMILY THERAPIST OF A
83-PERSON WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION
84-TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST PURSUANT TO SECTION
85-12-245-804 (3.5), IF THE LICENSED MARRIAGE AND FAMILY THERAPIST HAS
86-MET THE EDUCATION REQUIREMENTS FOR A LICENSED ADDICTION
87-COUNSELOR
88-, OR THE EQUIVALENT, AS SPECIFIED IN RULES PROMULGATED BY
89-THE STATE BOARD OF HUMAN SERVICES PURSUANT TO SECTION
90- 27-80-108
91-(1)(e.5)
92-OR 27-50-107 (3)(e)(II), AS APPLICABLE.
93-SECTION 5. In Colorado Revised Statutes, 12-245-504, add (1.5)
94-as follows:
95-12-245-504. Qualifications - examination - licensure and
96-registration. (1.5) A
97- LICENSED ADDICTION COUNSELOR WHO POSSESSES A
98-VALID
99-, UNSUSPENDED, AND UNREVOKED LICENSE MAY PROVIDE CLINICAL
100-SUPERVISION OF AN INDIVIDUAL WORKING TOWARD LICENSURE AS A
101-MARRIAGE AND FAMILY THERAPIST IF THE LICENSED ADDICTION COUNSELOR
102-HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED MARRIAGE AND
103-FAMILY THERAPIST
104-, OR THE EQUIVALENT , AS SPECIFIED IN RULES
105-PROMULGATED BY THE STATE BOARD OF MARRIAGE AND FAMILY THERAPIST
106-EXAMINERS CREATED IN SECTION
107-12-245-502.
108-SECTION 6. In Colorado Revised Statutes, 12-245-603, add (3) as
109-follows:
110-12-245-603. Practice of licensed professional counseling defined.
111-(3) T
112-HE PRACTICE OF PROFESSIONAL COUNSELING INCLUDES THE CLINICAL
113-SUPERVISION BY A LICENSED PROFESSIONAL COUNSELOR OF A PERSON
114-WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION TECHNICIAN
115-OR A CERTIFIED ADDICTION SPECIALIST PURSUANT TO SECTION
116-12-245-804
117-(3.5),
118- IF THE LICENSED PROFESSIONAL COUNSELOR HAS MET THE EDUCATION
119-REQUIREMENTS FOR A LICENSED ADDICTION COUNSELOR
120-, OR THE
121-EQUIVALENT
122-, AS SPECIFIED IN RULES PROMULGATED BY THE STATE BOARD
123-OF HUMAN SERVICES PURSUANT TO SECTION
124-27-80-108 (1)(e.5) OR
125-27-50-107 (3)(e)(II), AS APPLICABLE.
126-SECTION 7. In Colorado Revised Statutes, 12-245-604, add (1.5)
127-as follows:
128-PAGE 3-HOUSE BILL 24-1045 12-245-604. Licensure - examination - licensed professional
129-counselors. (1.5) A
130- LICENSED ADDICTION COUNSELOR WHO POSSESSES A
131-VALID
132-, UNSUSPENDED, AND UNREVOKED LICENSE MAY PROVIDE CLINICAL
133-SUPERVISION OF AN INDIVIDUAL WORKING TOWARD LICENSURE AS A
134-LICENSED PROFESSIONAL COUNSELOR IF THE LICENSED ADDICTION
135-COUNSELOR HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED
136-PROFESSIONAL COUNSELOR
137-, OR THE EQUIVALENT, AS SPECIFIED IN RULES
138-PROMULGATED BY THE STATE BOARD OF LICENSED PROFESSIONAL
139-COUNSELOR EXAMINERS CREATED IN SECTION
140-12-245-602.
141-SECTION 8. In Colorado Revised Statutes, 12-285-803, add (5) as
142-follows:
143-12-245-803. Practice of addiction counseling defined - scope of
144-practice. (5) T
145-HE PRACTICE OF ADDICTION COUNSELING INCLUDES CLINICAL
146-SUPERVISION BY A LICENSED ADDICTION COUNSELOR OF A PERSON WORKING
147-TOWARD LICENSURE AS A MARRIAGE AND FAMILY THERAPIST
148-, PURSUANT TO
149-SECTION
150-12-245-504 (1), OR A LICENSED PROFESSIONAL COUNSELOR ,
151-PURSUANT TO SECTION 12-245-604 (1), IF THE LICENSED ADDICTION
152-COUNSELOR HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED
153-MARRIAGE AND FAMILY THERAPIST OR LICENSED PROFESSIONAL C OUNSELOR
154-,
155-OR THE EQUIVALENT, AS SPECIFIED IN RULES PROMULGATED BY THE STATE
156-BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS CREATED IN
157-SECTION
158-12-245-502 OR THE STATE BOARD OF LICENSED PROFESSIONAL
159-COUNSELOR EXAMINERS CREATED IN SECTION
160-12-245-602, AS APPLICABLE.
161-SECTION 9. In Colorado Revised Statutes, 12-245-805, add
162-(2.5)(c) as follows:
163-12-245-805. Rights and privileges of certification and licensure
164-- titles - clinical supervision. (2.5) (c) N
165-OTWITHSTANDING ANY PROVISION
166-OF THIS TITLE
167-12 TO THE CONTRARY, A LICENSED CLINICAL SOCIAL WORKER,
168-PURSUANT TO SECTION 12-245-403 (5), A LICENSED MARRIAGE AND FAMILY
169-THERAPIST
170-, PURSUANT TO SECTION 12-245-503 (5), OR A LICENSED
171-PROFESSIONAL COUNSELOR
172-, PURSUANT TO SECTION 12-245-603 (3), WHO
173-POSSESSES A VALID
174-, UNSUSPENDED, AND UNREVOKED LICENSE MAY PROVIDE
175-CLINICAL SUPERVISION OF AN INDIVIDUAL WORKING TOWARD CERTIFICATION
176-AS A CERTIFIED ADDICTION TECHNICIAN OR CERTIFIED ADDICTION SPECIALIST
177-IF THE LICENSED CLINICAL SOCIAL WORKER
178-, LICENSED MARRIAGE AND
179-FAMILY THERAPIST
180-, OR LICENSED PROFESSIONAL COUNSELOR HAS MET THE
181-PAGE 4-HOUSE BILL 24-1045 EDUCATION REQUIREMENTS FOR A LICENSED ADDICTION COUNSELOR , OR THE
182-EQUIVALENT
183-, AS SPECIFIED IN RULES PROMULGATED BY THE STATE BOARD
184-OF HUMAN SERVICES PURSUANT TO SECTION
185-27-80-108 (1)(e.5) OR
186-27-50-107 (3)(e)(II), AS APPLICABLE.
187-SECTION 10. In Colorado Revised Statutes, 12-280-103, amend
188-(39)(g)(III), (39)(g)(IV)(C), (39)(j), and (39)(k); and add (27.5), (39)(g)(V),
189-and (39)(l) as follows:
190-12-280-103. Definitions - rules. As used in this article 280, unless
191-the context otherwise requires or the term is otherwise defined in another
192-part of this article 280:
193-(27.5) "M
194-EDICATIONS FOR OPIOID USE DISORDER " OR "MOUD"
195-MEANS TREATMENT FOR AN OPIOID USE DISORDER USING MEDICATIONS
196-APPROVED BY THE
197-FDA FOR THAT PURPOSE AND PRESCRIBED, DISPENSED, OR
198-ADMINISTERED IN ACCORDANCE WITH NATIONAL
199-, EVIDENCE-BASED
200-PUBLISHED GUIDANCE
201-.
202-(39) "Practice of pharmacy" means:
203-(g) Exercising independent prescriptive authority:
204-(III) As authorized pursuant to sections 12-30-110 and 12-280-123
205-(3) regarding opiate antagonists; or
206-(IV) For drugs that are not controlled substances, drug categories,
207-or devices that are prescribed in accordance with the product's
208-FDA-approved labeling and to patients who are at least twelve years of age
209-and that are limited to conditions that:
210-(C) Have a test that is used to guide diagnosis or clinical
211-decision-making and is waived under the federal "Clinical Laboratory
212-Improvement Amendments of 1988", Pub.L. 100-578, as amended;
213-OR
214-(V) FOR ANY FDA-APPROVED PRODUCT INDICATED FOR OPIOID USE
215-DISORDER IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS
216-,
217-INCLUDING MEDICATIONS FOR OPIOID USE DISORDER , IF AUTHORIZED
218-PURSUANT TO PART
219-6 OF THIS ARTICLE 280.
220-(j) Performing other tasks delegated by a licensed physician; and
221-PAGE 5-HOUSE BILL 24-1045 (k) Providing treatment that is based on national, evidence-based,
222-published guidance;
223-AND
224-(l) DISPENSING OR ADMINISTERING ANY FDA-APPROVED PRODUCT
225-FOR OPIOID USE DISORDER IN ACCORDANCE WITH FEDERAL LAW AND
226-REGULATIONS
227-, INCLUDING MEDICATIONS FOR OPIOID USE DISORDER .
228-SECTION 11. In Colorado Revised Statutes, add 12-280-604 as
229-follows:
230-12-280-604. Collaborative pharmacy practice agreement -
231-statewide drug therapy protocol for medication-assisted treatment for
232-opioid use disorder - rules - definition. (1) A
233-S USED IN THIS SECTION,
234-"
235-MEDICATION-ASSISTED TREATMENT " MEANS A COMBINATION OF
236-MEDICATIONS AND BEHAVIORAL THERAPY
237-, SUCH AS BUPRENORPHINE AND
238-ALL OTHER MEDICATIONS AND THERAPIES APPROVED BY THE FEDERAL FOOD
239-AND DRUG ADMINISTRATION
240-, TO TREAT OPIOID USE DISORDER.
241-(2) (a) P
242-URSUANT TO SECTION 12-280-603, THE BOARD, IN
243-CONJUNCTION WITH THE
244-COLORADO MEDICAL BOARD CREATED IN SECTION
245-12-240-105 AND THE STATE BOARD OF NURSING CREATED IN SECTION
246-12-255-105, SHALL PROMULGATE RULES NO LATER THAN MAY 1, 2025,
247-DEVELOPING A STATEWIDE DRUG THERAPY PROTOCOL FOR PHARMACISTS TO
248-PRESCRIBE
249-, DISPENSE, AND ADMINISTER ONLY FEDERAL DRUG ENFORCEMENT
250-ADMINISTRATION SCHEDULE
251-III, IV, AND V FDA-APPROVED PRODUCTS AS
252-MEDICATION
253--ASSISTED TREATMENT FOR OPIOID USE DISORDER .
254-(b) I
255-N DEVELOPING THE STATEWIDE DRUG THERAPY PROTOCOL , THE
256-APPLICABLE BOARDS SHALL CONSIDER REQUIREMENTS FOR TRAINING
257-,
258-INCLUDING A PROGRAM ACCREDITED BY THE ACCREDITATION COUNCIL FOR
259-PHARMACY EDUCATION, OR ITS SUCCESSOR ENTITY; PATIENT NOTICE AND
260-CONSENT
261-; PROVIDER REFERRAL CRITERIA; LAB SCREENING AND TESTING;
262-MONITORING; PATIENT PRIVACY; AND PATIENT FOLLOW -UP CARE AND
263-COUNSELING
264-. THE RULES DEVELOPED PURSUANT TO SUBSECTION (2)(a) OF
265-THIS SECTION MUST SPECIFY THAT ANY COLLABORATING ENTITIES UTILIZING
266-THE PROTOCOL ARE CLEARLY IDENTIFIED
267-.
268-(3) T
269-HIS SECTION DOES NOT REQUIRE A STATEWIDE DRUG THERAPY
270-PROTOCOL OR COLLABORATIVE PHARMACY PRACTICE AGREEMENT BEFORE
271-A PHARMACIST MAY PRESCRIBE
272-, DISPENSE, OR ADMINISTER ONLY FEDERAL
273-PAGE 6-HOUSE BILL 24-1045 DRUG ENFORCEMENT ADMINISTRATION SCHEDULE III, IV, AND V
274-FDA-
275-APPROVED PRODUCTS AS MEDICATION -ASSISTED TREATMENT, IF THE
276-PRESCRIBING
277-, DISPENSING, OR ADMINISTERING MEDICATION -ASSISTED
278-TREATMENT IS OTHERWISE AUTHORIZED UNDER LAW
279-.
280-SECTION 12. In Colorado Revised Statutes, 23-21-802, amend
281-(1)(h)(I) as follows:
282-23-21-802. Legislative declaration. (1) The general assembly finds
283-that:
284-(h) In order to increase access to addiction treatment in areas of the
285-state where opioid addiction is prevalent, it is necessary to establish a pilot
286-program to award grants to:
287-(I) Organizations, or
288- practices, OR PHARMACIES with nurse
289-practitioners, and physician assistants, OR PHARMACISTS to enable them to
290-obtain the training and ongoing support required to prescribe medications,
291-such as buprenorphine and all other medications and therapies approved by
292-the federal food and drug administration, to treat opioid use disorders; and
293-SECTION 13. In Colorado Revised Statutes, 23-21-803, add (5.3)
294-as follows:
295-23-21-803. Definitions. As used in this part 8, unless the context
296-otherwise requires:
297-(5.3) "P
298-HARMACIST" MEANS AN INDIVIDUAL LICENSED IN COLORADO
299-TO ENGAGE IN THE PRACTICE OF PHARMACY WHO IS PRESCRIBING
300-MEDICATION
301--ASSISTED TREATMENT PURSUANT TO PART 6 OF ARTICLE 280 OF
302-TITLE
303-12.
304-SECTION 14. In Colorado Revised Statutes, 23-21-804, amend (1)
305-and (2) as follows:
306-23-21-804. Medication-assisted treatment expansion pilot
307-program - created - pilot program location - eligible grant recipients -
308-rules. (1) (a) There is hereby
309- created the medication-assisted treatment
310-expansion pilot program to provide grants to community agencies,
311-office-based practices, behavioral health organizations, and
312- substance abuse
313-PAGE 7-HOUSE BILL 24-1045 treatment organizations, AND PHARMACIES to enable:
314-(I) Nurse practitioners or physician assistants working in those
315-settings to obtain training and ongoing support required under the federal
316-act in order to prescribe buprenorphine and all other medications and
317-therapies approved by the federal food and drug administration as part of
318-medication-assisted treatment provided to individuals with an opioid use
319-disorder; and
320-(II) Those agencies, practices, and organizations to provide
321-behavioral therapies and support in conjunction with medication-assisted
322-treatment for individuals with an opioid use disorder;
323-AND
324-(III) PHARMACISTS AUTHORIZED UNDER A STATEWIDE DRUG
325-THERAPY PROTOCOL PURSUANT TO SECTION
326-12-280-605, A COLLABORATIVE
327-PHARMACY PRACTICE AGREEMENT PURSUANT TO PART
328-6 OF ARTICLE 280 OF
329-TITLE
330-12, OR OTHERWISE AUTHORIZED UNDER LAW TO PRESCRIBE , DISPENSE,
331-OR ADMINISTER MEDICATION-ASSISTED TREATMENT FOR INDIVIDUALS WITH
332-AN OPIOID USE DISORDER
333-.
334-(b) The MAT expansion pilot program is available to provide grants
335-to community agencies, office-based practices, behavioral health
336-organizations, and
337- substance abuse treatment organizations practicing or
338-providing treatment in Pueblo county or Routt county, and, starting in the
339-2019-20 fiscal year, the San Luis valley and up to two
340- additional counties
341-selected by the center for participation based on demonstrated need. T
342-HE
343-MAT EXPANSION PILOT PROGRAM MAY ALSO PROVIDE GRANTS TO
344-PHARMACIES FOR THE PURPOSES ALLOWED UNDER THE GRANT PROGRAM
345-ONCE THE CONDITIONS DESCRIBED IN SUBSECTION
346- (1)(a)(III) OF THIS
347-SECTION ARE MET
348-.
349-(2) A grant recipient may use the money received through the pilot
350-program for the following purposes:
351-(a) To enable nurse practitioners or physician assistants practicing
352-or working in the grant recipient's setting in the pilot program area to obtain
353-the training required to be a qualified nurse practitioner or physician
354-assistant in order to prescribe buprenorphine and all other medications and
355-therapies approved by the federal food and drug administration as part of
356-medication-assisted treatment for individuals with opioid use disorders; and
357-PAGE 8-HOUSE BILL 24-1045 (b) To increase access to medication-assisted treatment for
358-individuals with opioid use disorders in the pilot program area;
359-AND
360-(c) TO OBTAIN TRAINING FOR PHARMACISTS TO PROVIDE
361-MEDICATION
362--ASSISTED TREATMENT SERVICES.
363-SECTION 15. In Colorado Revised Statutes, 23-21-805, amend
364-(2)(a)(V) and (2)(a)(VI); and add (2)(a)(VII) as follows:
365-23-21-805. MAT expansion advisory board - created - duties.
366-(2) (a) The advisory board consists of representatives of the following
367-entities or organizations who are designated by the entity or organization:
368-(V) The Colorado Academy of Physician Assistants; and(VI) The physician assistant program at the university of Colorado;
369-AND
370-(VII) THE COLORADO PHARMACISTS SOCIETY .
371-SECTION 16. In Colorado Revised Statutes, 23-21-806, amend (1)
372-introductory portion, (1)(c), (2)(b), (2)(d), and (3); and repeal (1)(d) as
373-follows:
374-23-21-806. Grant application - criteria - awards. (1) To receive
375-a grant, an eligible organization, or practice, OR PHARMACY must submit an
376-application to the center in accordance with pilot program guidelines and
377-procedures established by the center. At a minimum, the application must
378-include the following information:
379-(c) The number of nurse practitioners, or
380- physician assistants, OR
381-PHARMACISTS
382- willing to complete the required training;
383-(d) Identification of any incentives to assist nurse practitioners orphysician assistants in completing the required training and becoming
384-certified to prescribe buprenorphine;
385-(2) The advisory board shall review the applications received
386-pursuant to this section and make recommendations to the center regarding
387-grant recipients and awards. In recommending grant awards and in
388-awarding grants, the advisory board and the center shall consider the
389-PAGE 9-HOUSE BILL 24-1045 following criteria:
390-(b) The number of opioid-dependent patients that WHO could be
391-served by nurse practitioners, or physician assistants, OR PHARMACISTS
392-working in or with a practice or organization applying for a grant;
393-(d) The written commitment of the applicant to have nurse
394-practitioners, or physician assistants, OR PHARMACISTS participate in
395-periodic consultations with center staff; and
396-(3) Subject to available appropriations, in the 2019-20 and 2020-21
397-fiscal years, the center shall award grants to applicants approved in
398-accordance with this section and shall distribute the grant money to grant
399-recipients within ninety days after issuing the grant awards.
400-SECTION 17. In Colorado Revised Statutes, 23-21-807, amend (1)
401-introductory portion, (1)(c), (2) introductory portion, (2)(e), and (2)(g);
402-repeal (2)(c); and add (1)(e) as follows:
403-23-21-807. Reporting requirements. (1) Each organization, or
404-practice, OR PHARMACY that receives a grant through the pilot program shall
405-submit an annual report to the center by a date set by the center. At a
406-minimum, the report must include the following information:
407-(c) The number of nurse practitioners, or
408- physician assistants, OR
409-PHARMACISTS
410- who were trained; and who received certification to prescribe
411-buprenorphine and all other medications and therapies approved by the
412-federal food and drug administration to treat opioid use disorder; and
413-(e) A
414- DETAILED DESCRIPTION OF THE TRAINING RECEIVED BY
415-PHARMACISTS
416-; WHETHER THE PHARMACISTS WHO RECEIVED TRAINING ARE
417-CURRENTLY ABLE TO PROVIDE AND ARE PROVIDING MEDICATION
418--ASSISTED
419-TREATMENT TO OPIOID
420--DEPENDENT PATIENTS; AND THE NUMBER OF
421-OPIOID
422--DEPENDENT PATIENTS TREATED DURING THE PILOT PROGRAM PERIOD
423-BY EACH PHARMACIST
424-.
425-(2) On or before June 30, 2018, and on or before each June 30
426-through June 30, 2021, The center shall ANNUALLY submit a summarized
427-report on the pilot program to the health and human services committee of
428-the senate and the health and insurance and the public health care and
429-PAGE 10-HOUSE BILL 24-1045 human services committees of the house of representatives, or any
430-successor committees, and to the governor. At a minimum, the report must
431-include:
432-(c) The total number of nurse practitioners and physician assistants
433-who completed the required training and became certified to prescribe
434-buprenorphine, listed by county participating in the pilot program;
435-(e) A summary of policies and procedures instituted by grant
436-recipients related to the provision of MAT by qualified nurse practitioners,
437-and
438- physician assistants, AND PHARMACISTS;
439-(g) A summary of lessons learned and recommendations for
440-implementing MAT as provided by nurse practitioners, and physician
441-assistants, and
442-PHARMACISTS in other communities in the state.
443-SECTION 18. In Colorado Revised Statutes, add 25.5-4-505.5 as
444-follows:
445-25.5-4-505.5. Federal authorization related to persons involved
446-in the criminal justice system - report - rules - legislative declaration.
447-(1) (a) T
448-HE GENERAL ASSEMBLY FINDS THAT :
449-(I) F
450-OR DECADES, FEDERAL MEDICAID POLICY PROHIBITED THE USE
451-OF FEDERAL FUNDING FOR INCARCERATED MEDICAID MEMBERS
452-;
453-(II) W
454-ITH THE EMERGING OPPORTUNITY TO ALLOW FOR COVERAGE
455-OF INCARCERATED MEDICAID MEMBERS
456-, COLORADO IS SUPPORTIVE OF
457-ENSURING THESE MEMBERS HAVE ACCESS TO NEEDED SERVICES AND
458-TREATMENT
459-; AND
460-(III) COLORADO IS COMMITTED TO ENSURING MEDICAID MEMBERS
461-HAVE ACCESS TO A CIVIL
462-, COMMUNITY-BASED SYSTEM THAT MEETS
463-MEMBERS
464-' NEEDS AND ENSURES COLORADO'S COUNTY JAILS, JUVENILE
465-FACILITIES
466-, AND PRISONS DO NOT BECOME PRIMARY ACCESS POINTS FOR
467-HEALTH
468--CARE SERVICES FOR PEOPLE EXPERIENCING BEHAVIORAL HEALTH
469-CONDITIONS
470-.
471-(b) T
472-HEREFORE, THE GENERAL ASSEMBLY DECLARES IT IS IN THE
473-BEST INTEREST OF ALL
474-COLORADANS, AND ESPECIALLY COLORADANS LIVING
475-PAGE 11-HOUSE BILL 24-1045 WITH BEHAVIORAL HEALTH CONDITIONS , TO REQUIRE THE DEPARTMENT OF
476-HEALTH CARE POLICY AND FINANCING TO SEEK A FEDERAL WAIVER OF THE
477-MEDICAID INMATE EXCLUSION POLICY THAT INCLUDES ANNUAL DATA
478-REPORTING REQUIREMENTS THAT
479-:
480-(I) I
481-NFORM COLORADANS REGARDING THE UNMET HEALTH NEEDS OF
482-INDIVIDUALS INVOLVED IN THE CRIMINAL JUSTICE SYSTEM
483-;
484-(II) P
485-ROMOTE THE ESTABLISHMENT OF CONTINUOUS CIVIL SYSTEMS
486-OF CARE WITHIN COMMUNITIES DEMONSTRABLY COMMITTED TO DIVERSION
487-OR DEFLECTION EFFORTS
488-, INCLUDING BUT NOT LIMITED TO MOBILE
489-OUTREACH
490-, CO-RESPONDER PROGRAMS, AND PROSECUTOR- OR JUDICIAL-LED
491-INITIATIVES
492-; AND
493-(III) AIM TO REDUCE UNNECESSARY INVOLVEMENT WITH THE
494-CRIMINAL JUSTICE SYSTEM AND INCREASE ACCESS TO COMMUNITY
495--BASED
496-HOUSING
497-, HEALTH CARE, SUPPORTS, AND SERVICES.
498-(2) (a) N
499-O LATER THAN APRIL 1, 2024, THE STATE DEPARTMENT
500-SHALL SEEK A FEDERAL AUTHORIZATION TO PROVIDE
501-, THROUGH THE STATE
502-MEDICAL ASSISTANCE PROGRAM
503-, MEDICATION-ASSISTED TREATMENT AND
504-CASE MANAGEMENT TO A MEMBER PRIOR TO THE MEMBER
505-'S RELEASE AND A
506-THIRTY
507--DAY SUPPLY OF PRESCRIPTION MEDICATIONS TO A MEMBER UPON
508-THE MEMBER
509-'S RELEASE FROM A JUVENILE INSTITUTIONAL FACILITY , AS
510-DEFINED IN SECTION
511-25-1.5-301 (2)(b), OR A DEPARTMENT OF CORRECTIONS
512-FACILITY
513-.
514-(b) B
515-EGINNING JULY 1, 2025, AND SUBJECT TO AVAILABLE
516-APPROPRIATIONS
517-, THE SERVICES DESCRIBED IN SUBSECTION (2)(a) OF THIS
518-SECTION ARE AVAILABLE UPON RECEIPT OF THE NECESSARY FEDERAL
519-AUTHORIZATION
520-.
521-(3) (a) (I) N
522-O LATER THAN APRIL 1, 2025, THE STATE DEPARTMENT
523-SHALL SEEK A FEDERAL AUTHORIZATION TO PROVIDE
524-, THROUGH THE STATE
525-MEDICAL ASSISTANCE PROGRAM
526-, MEDICATION-ASSISTED TREATMENT AND
527-CASE MANAGEMENT TO A MEMBER PRIOR TO THE MEMBER
528-'S RELEASE FROM
529-JAIL AND A THIRTY
530--DAY SUPPLY OF PRESCRIPTION MEDICATIONS TO A
531-MEMBER UPON THE MEMBER
532-'S RELEASE FROM JAIL.
533-(II) T
534-HE STATE DEPARTMENT SHALL IMPLEMENT SUBSECTION
535-PAGE 12-HOUSE BILL 24-1045 (3)(a)(I) OF THIS SECTION ONLY IF THE STATE DEPARTMENT DETERMINES
536-THAT PROVIDING THE SERVICES DESCRIBED IN SUBSECTION
537- (3)(a)(I) OF THIS
538-SECTION IS BUDGET NEUTRAL
539-.
540-(b) B
541-EGINNING JULY 1, 2026, AND SUBJECT TO AVAILABLE
542-APPROPRIATIONS
543-, THE SERVICES DESCRIBED IN SUBSECTION (3)(a) OF THIS
544-SECTION ARE AVAILABLE UPON RECEIPT OF THE NECESSARY FEDERAL
545-AUTHORIZATION
546-.
547-(4) U
548-PON RECEIPT OF THE NECESSARY FEDERAL AUTHORIZATION , THE
549-STATE DEPARTMENT SHALL
550-:
551-(a) C
552-ONDUCT A RIGOROUS STAKEHOLDER PROCESS THAT INCLUDES ,
553-BUT IS NOT LIMITED TO, RECEIVING FEEDBACK FROM INDIVIDUALS WITH
554-LIVED EXPERIENCE IN ACCESSING
555-, OR THE INABILITY TO ACCESS ,
556-BEHAVIORAL HEALTH SERVICES IN CIVIL SETTINGS, COUNTY JAILS, JUVENILE
557-INSTITUTIONAL FACILITIES
558-, AND THE DEPARTMENT OF CORRECTIONS ; AND
559-(b) REQUIRE EACH COUNTY WITH A COUNTY JAIL SEEKING TO
560-PROVIDE SERVICES PURSUANT TO THIS SECTION TO DEMONSTRATE A
561-COMMITMENT TO DIVERSION OR DEFLECTION EFFORTS
562-, INCLUDING BUT NOT
563-LIMITED TO MOBILE OUTREACH
564-, CO-RESPONDER PROGRAMS , AND
565-PROSECUTOR
566-- OR JUDICIAL-LED INITIATIVES THAT AIM TO REDUCE
567-UNNECESSARY INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM AND
568-INCREASE ACCESS TO COMMUNITY
569--BASED HOUSING, HEALTH CARE,
570-SUPPORTS, AND SERVICES.
571-(5) (a) T
572-HE STATE DEPARTMENT SHALL ONLY REIMBURSE AN OPIOID
573-TREATMENT PROGRAM
574-, AS DEFINED IN SECTION 27-80-203, FOR
575-ADMINISTERING MEDICATION
576--ASSISTED TREATMENT IN A JAIL SETTING. AT
577-A MINIMUM
578-, AN OPIOID TREATMENT PROGRAM THAT ADMINISTERS
579-MEDICATION
580--ASSISTED TREATMENT SHALL:
581-(I) E
582-MPLOY A PHYSICIAN MEDICAL DIRECTOR ;
583-(II) E
584-NSURE THE INDIVIDUAL RECEIVING MEDICATION -ASSISTED
585-TREATMENT UNDERGOES A MINIMUM OBSERVATION PERIOD AFTER
586-RECEIVING MEDICATION
587--ASSISTED TREATMENT , AS DETERMINED BY
588-BEHAVIORAL HEALTH ADMINISTRATION RULE PURSUANT TO SECTION
589-27-80-204; AND
590-PAGE 13-HOUSE BILL 24-1045 (III) MEET ALL CRITICAL INCIDENT REPORTING REQUIREMENTS AS
591-DETERMINED BY BEHAVIORAL HEALTH ADMINISTRATION RULE PURSUANT TO
592-SECTION
593-27-80-204.
594-(b) T
595-HE STATE DEPARTMENT SHALL ENSURE AS PART OF THE STATE
596-DEPARTMENT
597-'S QUALITY OVERSIGHT THAT OPIOID TREATMENT PROGRAMS
598-THAT ADMINISTER MEDICATION
599--ASSISTED TREATMENT IN A JAIL SETTING
600-MAINTAIN EMERGENCY POLICIES AND PROCEDURES THAT ADDRESS ADVERSE
601-OUTCOMES
602-.
910+28. In Colorado Revised Statutes, add 27-50-804 as13
911+follows:14
912+27-50-804. Contingency management grant program -15
913+creation - definitions - repeal. (1) A
914+S USED IN THIS SECTION, UNLESS16
915+THE CONTEXT OTHERWISE REQUIRES :17
916+(a) "C
917+ONTINGENCY MANAGEMENT PROGRAM " MEANS AN18
918+EVIDENCE-BASED TREATMENT PROGRAM THAT PROVIDES MOTIVATIONAL19
919+INCENTIVES TO TREAT INDIVIDUALS WITH A STIMULANT USE DISORDER .20
920+(b) "G
921+RANT PROGRAM" MEANS THE CONTINGENCY MANAGEMENT21
922+GRANT PROGRAM CREATED IN SUBSECTION (2) OF THIS SECTION.22
923+(c) "S
924+TIMULANT USE DISORDER " MEANS A SUBSTANCE USE23
925+DISORDER, AS DEFINED IN SECTION 27-80-203 (23.3), INVOLVING A CLASS24
926+OF DRUGS THAT INCLUDES COCAINE , METHAMPHETAMINE , OR25
927+PRESCRIPTION STIMULANTS.26
928+(d) "S
929+UBSTANCE USE DISORDER TREATMENT PROGRAM " HAS THE27
930+1045
931+-27- SAME MEANING AS SET FORTH IN SECTION 27-80-203 (23.5).1
932+(2) T
933+HERE IS CREATED IN THE BEHAVIORAL HEALTH2
934+ADMINISTRATION THE CONTINGENC Y MANAGEMENT GRANT PROGRAM TO3
935+PROVIDE GRANTS TO SUBSTANCE USE DISORDER TREATMENT PROGRAMS4
936+THAT IMPLEMENT A CONTINGENCY MANAGEMENT PROGRAM FOR5
937+INDIVIDUALS WITH A STIMULANT USE DISORDER .6
938+(3) (a) G
939+RANT RECIPIENTS MAY USE THE MONEY RECEIVED7
940+THROUGH THE GRANT PROGRAM FOR STAFFING , TRAINING, SUPPLIES,8
941+ADMINISTRATIVE COSTS, THE COSTS OF VOUCHERS AND PRIZES UP TO FIVE9
942+HUNDRED NINETY-NINE DOLLARS PER CLIENT DURING THE TREATMENT10
943+PERIOD, AND OTHER RELATED EXPENSES AS APPROVED BY THE BHA.11
944+(b) A
945+NY MONEY RECEIVED THROUGH THE GRANT PROGRAM MUST12
946+SUPPLEMENT AND NOT SUPPLANT EXISTING SUBSTANCE USE DISORDER13
947+TREATMENT AND OTHER HEALTH -CARE SERVICES. GRANT RECIPIENTS14
948+SHALL NOT USE MONEY RECEIVED THROUGH THE GRANT PROGRAM FOR15
949+ONGOING OR EXISTING EXECUTIVE AND SENIOR STAFF SALARIES OR16
950+SERVICES ALREADY COVERED BY MEDICAID OR A CLIENT 'S INSURANCE.17
951+(4) T
952+HE BHA SHALL ADMINISTER THE GRANT PROGRAM AND ,18
953+SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD GRANTS AS19
954+PROVIDED IN THIS SECTION.20
955+(5) I
956+N SELECTING GRANT RECIPIENTS, THE BHA SHALL PRIORITIZE21
957+APPLICANTS THAT RESIDE IN A JURISDICTION WITH DEMONSTRATED NEED22
958+TO HELP MITIGATE OVERDOSE INCIDENTS AND OVERDOSE DEATHS .23
603959 (6) T
604-HE STATE DEPARTMENT MAY EXPAND SERVICES AVAILABLE
605-PURSUANT TO THIS SECTION AS AUTHORIZED PURSUANT TO FEDERAL LAW
606-AND REGULATIONS
607-. IF THE STATE DEPARTMENT SEEKS TO EXPAND SERVICES ,
608-THE STATE DEPARTMENT SHALL DEMONSTRATE HOW THE STATE
609-DEPARTMENT WILL ENSURE QUALITY OF CARE AND CLIENT SAFETY
610-, WHICH
611-MUST INCLUDE ADDRESSING QUALITY AND SAFETY IN ADMINISTERING
612-MEDICATIONS IN A JAIL SETTING
613-.
614-(7) (a) B
615-EGINNING JULY 1, 2025, AND EACH JULY 1 THEREAFTER, THE
616-STATE DEPARTMENT SHALL ANNUALLY REPORT TO THE HOUSE OF
617-REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES
618-COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE
619-,
620-OR THEIR SUCCESSOR COMMITTEES , THE FOLLOWING INFORMATION :
621-(I) D
622-E-IDENTIFIED INFORMATION OF INDIVIDUALS WHO HAVE
623-ACCESSED SERVICES
624-, INCLUDING EACH INDIVIDUAL'S DEMOGRAPHICS, THE
625-TYPE OF SERVICES THE INDIVIDUAL ACCESSED
626-, THE DURATION OF THE
627-SERVICES OFFERED IN A CARCERAL SETTING COMPARED TO THE DURATION
628-OF THE SAME SERVICES OFFERED IN A CIVIL SETTING
629-, AND THE INDIVIDUAL'S
630-EXPERIENCES BEFORE AND AFTER INCARCERATION
631-, INCLUDING BUT NOT
632-LIMITED TO
633-:
634-(A) E
635-MERGENCY ROOM OR CRISIS SYSTEM VISITS ;
636-(B) I
637-NPATIENT STAYS FOR A PRIMARY BEHAVIORAL HEALTH
638-CONDITION
639-; AND
640-(C) SERVICES ACCESSED IN A QUALIFIED RESIDENTIAL TREATMENT
641-PROGRAM
642-, AS DEFINED IN SECTION 19-1-103, OR A PSYCHIATRIC RESIDENTIAL
643-TREATMENT FACILITY
644-, AS DEFINED IN SECTION 25.5-4-103;
645-PAGE 14-HOUSE BILL 24-1045 (II) THE TOTAL NUMBER OF MEDICAID MEMBERS WHO WERE
646-UNHOUSED BEFORE OR AFTER INCARCERATION
647-, IF AVAILABLE;
648-(III) T
649-HE TOTAL NUMBER OF UNIQUE INCARCERATION STAYS BY
650-MEDICAID MEMBERS
651-, AS DEMONSTRATED BY THE SERVICES ACCESSED ;
652-(IV) T
653-HE TOTAL NUMBER OF INDIVIDUALS WHO ACCESSED SERVICES
654-IN A CIVIL SETTING PRIOR TO ARREST OR DETAINMENT AND WERE
655-SUBSEQUENTLY EVALUATED FOR COMPETENCY
656-, ORDERED TO COMPETENCY
657-RESTORATION
658-, RESTORED TO COMPETENCY , OR FOUND INCOMPETENT TO
659-PROCEED IN A FORENSIC SETTING
660-; AND
661-(V) PERSISTENT GAPS IN CONTINUITY OF CARE IN LEAST-RESTRICTIVE
662-CIVIL SETTINGS
663-.
664-(b) N
665-OTWITHSTANDING SECTION 24-1-136 (11)(a)(I) TO THE
666-CONTRARY
667-, THE STATE DEPARTMENT'S REPORT CONTINUES INDEFINITELY.
668-(8) T
669-HE STATE DEPARTMENT MAY PROMULGATE RULES FOR THE
670-IMPLEMENTATION OF THIS SECTION
671-.
672-SECTION 19. In Colorado Revised Statutes, 25.5-5-320, amend
673-(7) as follows:
674-25.5-5-320. Telemedicine - reimbursement - disclosure statement
675-- rules - definition. (7) As used in this section, "health-care or mental
676-health-care services" includes speech therapy, physical therapy,
677-occupational therapy, dental care, hospice care, home health care,
678-SUBSTANCE USE DISORDER TREATMENT , and pediatric behavioral health
679-care.
680-SECTION 20. In Colorado Revised Statutes, 25.5-5-325, amend
681-(1); and add (2.5) as follows:
682-25.5-5-325. Partial hospitalization and residential and inpatient
683-substance use disorder treatment - medical detoxification services -
684-federal approval - performance review report. (1) Subject to available
685-appropriations and to the extent permitted under federal law, the medical
686-assistance program pursuant to this article 5 and articles 4 and 6 of this title
687-25.5 includes
688-PARTIAL HOSPITALIZATION AND residential and inpatient
689-PAGE 15-HOUSE BILL 24-1045 substance use disorder treatment and medical detoxification services.
690-Participation in
691-PARTIAL HOSPITALIZATION AND the residential and inpatient
692-substance use disorder treatment and medical detoxification services benefit
693-is limited to persons who meet nationally recognized, evidence-based level
694-of care criteria for
695-PARTIAL HOSPITALIZATION OR residential and inpatient
696-substance use disorder treatment and medical detoxification services. The
697-benefit shall
698- MUST serve persons with substance use disorders, including
699-those with co-occurring mental health disorders. All levels of nationally
700-recognized, evidence-based levels of care for
701-PARTIAL HOSPITALIZATION
702-AND
703- residential and inpatient substance use disorder treatment and medical
704-detoxification services must be included in the benefit.
705-(2.5) N
706-O LATER THAN JULY 1, 2026, THE STATE DEPARTMENT SHALL
707-SEEK FEDERAL AUTHORIZATION TO PROVIDE PARTIAL HOSPITALIZATION FOR
708-SUBSTANCE USE DISORDER TREATMENT WITH FULL FEDERAL FINANCIAL
709-PARTICIPATION
710-. PARTIAL HOSPITALIZATION FOR SUBSTANCE USE DISORDER
711-TREATMENT SHALL NOT TAKE EFFECT UNTIL FEDERAL APPROVAL HAS BEEN
712-OBTAINED
713-.
714-SECTION 21. In Colorado Revised Statutes, 25.5-5-422, amend
715-(2) as follows:
716-25.5-5-422. Medication-assisted treatment - limitations on MCEs
717-- definition. (2) Notwithstanding any provision of law to the contrary,
718-beginning January 1, 2020,
719- each MCE that provides prescription drug
720-benefits
721-OR METHADONE ADMINISTRATION for the treatment of substance use
722-disorders shall:
723-(a) Not impose any prior authorization requirements on any
724-prescription medication approved by the FDA for the treatment of substance
725-use disorders,
726-REGARDLESS OF THE DOSAGE AMOUNT ;
727-(b) Not impose any step therapy requirements as a prerequisite to
728-authorizing coverage for a prescription medication approved by the FDA for
729-the treatment of substance use disorders; and(c) Not exclude coverage for any prescription medication approved
730-by the FDA for the treatment of substance use disorders and any associated
731-counseling or wraparound services solely on the grounds that the
732-medications and services were court ordered;
733-AND
734-PAGE 16-HOUSE BILL 24-1045 (d) SET THE REIMBURSEMENT RATE FOR TAKE -HOME METHADONE
735-TREATMENT AND OFFICE
736--ADMINISTERED METHADONE TREATMENT AT THE
737-SAME RATE
738-.
739-SECTION 22. In Colorado Revised Statutes, add 27-60-116 as
740-follows:
741-27-60-116. Withdrawal management facilities - data collection
742-- approval of admission criteria - definition - repeal. (1) (a) N
743-O LATER
744-THAN
745-JULY 1, 2025, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL
746-COLLECT DATA FROM EACH WITHDRAWAL MANAGEMENT FACILITY ON THE
747-TOTAL NUMBER OF INDIVIDUALS WHO WERE DENIED ADMITTANCE OR
748-TREATMENT FOR WITHDRAWAL MANAGEMENT DURING THE PREVIOUS
749-CALENDAR YEAR AND THE REASON FOR THE DENIAL
750-.
751-(b) T
752-HE BHA SHALL SHARE THE DATA RECEIVED FROM WITHDRAWAL
753-MANAGEMENT FACILITIES PURSUANT TO SUBSECTION
754- (1)(a) OF THIS SECTION
755-WITH BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATIONS
756-.
757-(2) B
758-EGINNING JANUARY 1, 2025, THE BHA SHALL REVIEW AND
759-APPROVE ANY ADMISSION CRITERIA ESTABLISHED BY A WITHDRAWAL
760-MANAGEMENT FACILITY
761-, AS DEFINED IN SECTION 27-66.5-102.
762-(3) A
763-S USED IN THIS SECTION, "WITHDRAWAL MANAGEMENT
764-FACILITY
765-" HAS THE SAME MEANING AS SET FORTH IN SECTION 27-66.5-102.
766-SECTION 23. In Colorado Revised Statutes, add 25.5-5-427 as
767-follows:
768-25.5-5-427. Managed care entities - behavioral health providers
769-- disclosure of reimbursement rates. (1) T
770-HE STATE DEPARTMENT SHALL
771-REQUIRE EACH
772-MCE THAT CONTRACTS WITH THE STATE DEPARTMENT TO
773-DISCLOSE THE AGGREGATED AVERAGE AND LOWEST RATES OF
774-REIMBURSEMENT FOR A SET OF BEHAVIORAL HEALTH SERVICES DETERMINED
775-BY THE STATE DEPARTMENT
776-.
777-(2) B
778-EHAVIORAL HEALTH PROVIDERS ARE AUTHORIZED TO DISCLOSE
779-THE REIMBURSEMENT RATES PAID BY AN
780-MCE TO THE BEHAVIORAL HEALTH
781-PROVIDER
782-.
783-PAGE 17-HOUSE BILL 24-1045 SECTION 24. In Colorado Revised Statutes, amend 25.5-5-510 as
784-follows:
785-25.5-5-510. Pharmacy reimbursement - substance use disorder
786-- injections. If a pharmacy has entered into a collaborative pharmacy
787-practice agreement with one or more physicians pursuant to section
788-12-280-602 to administer A PHARMACY ADMINISTERING injectable
789-antagonist medication for medication-assisted treatment for substance use
790-disorders the pharmacy administering the drug
791- shall receive an enhanced
792-dispensing fee that aligns with the administration fee paid to a provider in
793-a clinical setting.
794-SECTION 25. In Colorado Revised Statutes, add 25.5-5-512.5 as
795-follows:
796-25.5-5-512.5. Medications for opioid use disorder - pharmacists
797-- reimbursement - definition. (1) A
798-S USED IN THIS SECTION, UNLESS THE
799-CONTEXT OTHERWISE REQUIRES
800-, "MEDICATIONS FOR OPIOID USE DISORDER"
801-OR "MOUD" HAS THE MEANING AS SET FORTH IN SECTION 12-280-103
802-(27.5).
803-(2) T
804-HE STATE DEPARTMENT SHALL REIMBURSE A LICENSED
805-PHARMACIST FOR PRESCRIBING OR ADMINISTERING MEDICATIONS FOR AN
806-OPIOID USE DISORDER
807-, IF THE PHARMACIST IS AUTHORIZED PURSUANT TO
808-ARTICLE
809-280 OF TITLE 12, AT A RATE EQUAL TO THE REIMBURSEMENT
810-PROVIDED TO A PHYSICIAN
811-, PHYSICIAN ASSISTANT, OR ADVANCED PRACTICE
812-REGISTERED NURSE FOR THE SAME SERVICES
813-.
814-(3) T
815-HE STATE DEPARTMENT SHALL SEEK ANY FEDERAL
816-AUTHORIZATION NECESSARY TO IMPLEMENT THIS SECTION
817-.
818-SECTION 26. In Colorado Revised Statutes, 26.5-3-206, add (4)
819-as follows:
820-26.5-3-206. Colorado child abuse prevention trust fund -
821-creation - source of funds - repeal. (4) (a) F
822-OR THE 2024-25 STATE FISCAL
823-YEAR AND EACH STATE FISCAL YEAR THEREAFTER
824-, THE GENERAL ASSEMBLY
825-SHALL APPROPRIATE ONE HUNDRED FIFTY THOUSAND DOLLARS TO THE
826-TRUST FUND
827-. THE BOARD SHALL DISTRIBUTE THE MONEY APPROPRIATED
828-PURSUANT TO THIS SUBSECTION
829- (4)(a) FOR PROGRAMS TO REDUCE THE
830-PAGE 18-HOUSE BILL 24-1045 OCCURRENCE OF PRENATAL SUBSTANCE EXPOSURE IN ACCORDANCE WITH
831-SECTION
832-26.5-3-205 (1)(h)(III).
833-(b) (I) F
834-OR THE 2024-25 AND 2025-26 STATE FISCAL YEARS, THE
835-GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE FIFTY THOUSAND
836-DOLLARS TO THE TRUST FUND
837-. THE BOARD SHALL DISTRIBUTE THE MONEY
838-APPROPRIATED PURSUANT TO THIS SUBSECTION
839- (4)(b) TO CONVENE A
840-STAKEHOLDER GROUP TO IDENTIFY STRATEGIES TO INCREASE ACCESS TO
841-CHILD CARE FOR FAMILIES SEEKING SUBSTANCE USE DISORDER TREATMENT
842-AND RECOVERY SERVICES
843-.
844-(II) T
845-HIS SUBSECTION (4)(b) IS REPEALED, EFFECTIVE JUNE 30, 2027.
846-SECTION 27. In Colorado Revised Statutes, add 27-50-305 as
847-follows:
848-27-50-305. Resources to support behavioral health safety net
849-providers - independent third-party contract. (1) N
850-O LATER THAN JULY
851-1, 2025, THE BHA SHALL CONTRACT WITH AN INDEPENDENT THIRD -PARTY
852-ENTITY TO PROVIDE SERVICES AND SUPPORTS TO BEHAVIORAL HEALTH
853-PROVIDERS SEEKING TO BECOME A BEHAVIORAL HEALTH SAFETY NET
854-PROVIDER WITH THE GOAL OF THE PROVIDER BECOMING SELF
855--SUSTAINING.
856-(2) T
857-HE INDEPENDENT THIRD -PARTY ENTITY SHALL ASSIST
858-BEHAVIORAL HEALTH PROVIDERS IN ACCESSING ALTERNATIVE PAYMENT
859-MODELS AND ENHANCED REIMBURSEMENT RATES THROUGH THE
860-BHA AND
861-MEDICAID BY PROVIDING
862-:
863-(a) S
864-UPPORT TO PROVIDERS IN COMPLETING THE ANNUAL COST
865-REPORTING TO INFORM MEDICAID RATE
866--SETTING;
867-(b) A
868-NALYSIS OF CURRENT ACCOUNTING PRACTICES AND
869-RECOMMENDATIONS ON IMPLEMENTING NEW OR MODIFIED PRACTICES TO
870-SUPPORT THE SOUNDNESS OF COST REPORTING
871-;
872-(c) A
873-DMINISTRATIVE SUPPORT FOR ENROLLING IN DIFFERENT PAYER
874-TYPES
875-, INCLUDING, BUT NOT LIMITED TO, MEDICAID, MEDICARE, AND
876-COMMERCIAL INSURANCE
877-;
878-(d) B
879-ILLING AND CODING SUPPORT;
880-PAGE 19-HOUSE BILL 24-1045 (e) CLAIMS PROCESSING;
881-(f) D
882-ATA ANALYSIS;
883-(g) C
884-OMPLIANCE AND TRAINING ON POLICIES AND PROCEDURES ;
885-(h) S
886-HARED PURCHASING FOR TECHNOLOGY ;
887-(i) A
888-SSISTANCE IN BUILDING PROVIDER CAPACITY TO BECOME A
889-BEHAVIORAL HEALTH SAFETY NET PROVIDER
890-; AND
891-(j) ANY OTHER SERVICE AND SUPPORT APPROVED BY THE BHA.
892-(3) T
893-HE INDEPENDENT THIRD-PARTY ENTITY SHALL PRIORITIZE
894-PROVIDING SERVICES AND SUPPORTS TO A BEHAVIORAL HEALTH PROVIDER
895-THAT HAS NOT PREVIOUSLY USED THE STATE COST REPORT PROCESS TO SET
896-MEDICAID RATES
897-.
898-(4) T
899-HE INDEPENDENT THIRD-PARTY ENTITY SHALL BE NONPARTISAN
900-AND SHALL NOT LOBBY
901-, PERSONALLY OR IN ANY OTHER MANNER , DIRECTLY
902-OR INDIRECTLY
903-, FOR OR AGAINST ANY PENDING LEGISLATION BEFORE THE
904-GENERAL ASSEMBLY
905-.
906-SECTION 28. In Colorado Revised Statutes, add 27-50-805 as
907-follows:
908-27-50-805. Contingency management grant program - creation
909-- definitions - repeal. (1) A
910-S USED IN THIS SECTION, UNLESS THE CONTEXT
911-OTHERWISE REQUIRES
912-:
913-(a) "C
914-ONTINGENCY MANAGEMENT PROGRAM " MEANS AN
915-EVIDENCE
916--BASED TREATMENT PROGRAM THAT PROVIDES MOTIVATIONAL
917-INCENTIVES TO TREAT INDIVIDUALS WITH A STIMULANT USE DISORDER
918-.
919-(b) "G
920-RANT PROGRAM" MEANS THE CONTINGENCY MANAGEMENT
921-GRANT PROGRAM CREATED IN SUBSECTION
922-(2) OF THIS SECTION.
923-(c) "S
924-TIMULANT USE DISORDER" MEANS A SUBSTANCE USE DISORDER,
925-AS DEFINED IN SECTION 27-80-203 (23.3), INVOLVING A CLASS OF DRUGS
926-THAT INCLUDES COCAINE
927-, METHAMPHETAMINE , OR PRESCRIPTION
928-PAGE 20-HOUSE BILL 24-1045 STIMULANTS.
929-(d) "S
930-UBSTANCE USE DISORDER TREATMENT PROGRAM " HAS THE
931-SAME MEANING AS SET FORTH IN SECTION
932-27-80-203 (23.5).
933-(2) T
934-HERE IS CREATED IN THE BEHAVIORAL HEALTH ADMINISTRATION
935-THE CONTINGENCY MANAGEMENT GRANT PROGRAM TO PROVIDE GRANTS TO
936-SUBSTANCE USE DISORDER TREATMENT PROGRAMS THAT IMPLEMENT A
937-CONTINGENCY MANAGEMENT PROGRAM FOR INDIVIDUALS WITH A
938-STIMULANT USE DISORDER
939-.
940-(3) (a) G
941-RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH
942-THE GRANT PROGRAM FOR STAFFING
943-, TRAINING, SUPPLIES, ADMINISTRATIVE
944-COSTS
945-, THE COSTS OF VOUCHERS AND PRIZES UP TO FIVE HUNDRED
946-NINETY
947--NINE DOLLARS PER CLIENT DURING THE TREATMENT PERIOD , AND
948-OTHER RELATED EXPENSES AS APPROVED BY THE
949-BHA.
950-(b) A
951-NY MONEY RECEIVED THROUGH THE GRANT PROGRAM MUST
952-SUPPLEMENT AND NOT SUPPLANT EXISTING SUBSTANCE USE DISORDER
953-TREATMENT AND OTHER HEALTH
954--CARE SERVICES. GRANT RECIPIENTS SHALL
955-NOT USE MONEY RECEIVED THROUGH THE GRANT PROGRAM FOR ONGOING OR
956-EXISTING EXECUTIVE AND SENIOR STAFF SALARIES OR SERVICES ALREADY
957-COVERED BY MEDICAID OR A CLIENT
958-'S INSURANCE.
959-(4) T
960-HE BHA SHALL ADMINISTER THE GRANT PROGRAM AND ,
961-SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD GRANTS AS
962-PROVIDED IN THIS SECTION
963-.
964-(5) I
965-N SELECTING GRANT RECIPIENTS, THE BHA SHALL PRIORITIZE
966-APPLICANTS THAT RESIDE IN A JURISDICTION WITH DEMONSTRATED NEED TO
967-HELP MITIGATE OVERDOSE INCIDENTS AND OVERDOSE DEATHS
968-.
969-(6) T
970-HE BHA MAY CONTRACT WITH A GRANT APPLICATION AND
971-SUPPORT TEAM TO ASSIST THE
972-BHA WITH DRAFTING THE GRANT
973-APPLICATION
974-, REVIEWING APPLICATIONS , AND ADMINISTERING AND
975-PROCESSING GRANT AWARDS
976-.
977-(7) T
978-HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.
979-SECTION 29. In Colorado Revised Statutes, 27-80-116, add (5) as
980-PAGE 21-HOUSE BILL 24-1045 follows:
981-27-80-116. Fetal alcohol spectrum disorders - legislative
982-declaration - health warning signs - federal funding. (5) T
983-HE
984-BEHAVIORAL HEALTH ADMINISTRATION IS AUTHORIZED TO APPLY FOR
985-FEDERAL FUNDING FOR FETAL ALCOHOL SPECTRUM DISORDER PROGRAMS
986-AND TO RECEIVE AND DISBURSE THE FEDERAL F UNDS TO PUBLIC AND
987-PRIVATE NONPROFIT ORGANIZATIONS
988-.
989-SECTION 30. In Colorado Revised Statutes, amend 10-22.3-102
990-as follows:
991-10-22.3-102. Repeal of article. This article 22.3 is repealed,
992-effective September 1, 2024
993- SEPTEMBER 1, 2026.
994-SECTION 31. Appropriation. (1) For the 2024-25 state fiscal
995-year, $250,000 is appropriated to the department of human services. This
996-appropriation is from the general fund. To implement this act, the
997-department may use this appropriation for criminal justice diversion
998-programs.
999-(2) For the 2024-25 state fiscal year, $250,000 is appropriated to the
1000-judicial department. This appropriation is from the general fund. To
1001-implement this act, the department may use this appropriation for district
1002-attorney adult pretrial diversion programs.
1003-(3) For the 2024-25 state fiscal year, $1,325,647 is appropriated to
1004-the department of human services for use by the behavioral health
1005-administration. This appropriation is from the general fund. To implement
1006-this act, the administration may use this appropriation as follows:
1007-(a) $30,152 for program administration related the community
1008-behavioral health administration, which amount is based on an assumption
1009-that the administration will require an additional 0.3 FTE;
1010-(b) $545,495 for contract and data management related to substance
1011-use treatment and prevention services; and
1012-(c) $750,000 for the contingency management grant related to
1013-substance use treatment and prevention services, which amount is based on
1014-PAGE 22-HOUSE BILL 24-1045 an assumption that the administration will require an additional 1.0 FTE.
1015-(4) For the 2024-25 state fiscal year, $176,831 is appropriated to the
1016-department of health care policy and financing for use by the executive
1017-director's office. This appropriation consists of $155,946 from the general
1018-fund and $20,885 from the healthcare affordability and sustainability cash
1019-fund created in section 25.5-4-402.4 (5)(a), C.R.S. To implement this act,
1020-the office may use this appropriation as follows:
1021-(a) $117,563 general fund for personal services, which amount is
1022-based on an assumption that the office will require an additional 2.7 FTE;
1023-(b) $11,733 general fund for operating expenses; and
1024-(c) $47,535, which consists of $26,650 general fund and $20,885
1025-from the healthcare affordability and sustainability cash fund, for medicaid
1026-management information system maintenance and projects.
1027-(5) For the 2024-25 state fiscal year, the general assembly
1028-anticipates that the department of health care policy and financing will
1029-receive $525,189 in federal funds for use by the executive director's office
1030-to implement this act, which amount is subject to the "(I)" notation as
1031-defined in the annual general appropriation act for the same fiscal year. The
1032-appropriation in subsection (4) of this section is based on the assumption
1033-that the department will receive this amount of federal funds to be used as
1034-follows:
1035-(a) $117,562 for personal services;
1036-(b) $11,733 for operating expenses; and
1037-(c) $395,894 for medicaid management information system
1038-maintenance and projects.
1039-(6) For the 2024-25 state fiscal year, $25,060 is appropriated to the
1040-department of health care policy and financing for use by the executive
1041-director's office. This appropriation consists of $14,049 from the general
1042-fund, and is subject to the "(M)" notation as defined in the annual general
1043-appropriation act for the same fiscal year, and $11,011 from the healthcare
1044-affordability and sustainability cash fund created in section 25.5-4-402.4
1045-PAGE 23-HOUSE BILL 24-1045 (5)(a), C.R.S. To implement this act, the office may use this appropriation
1046-for the Colorado benefits management systems, operating and contract
1047-expenses.
1048-(7) For the 2024-25 state fiscal year, the general assembly
1049-anticipates that the department of health care policy and financing will
1050-receive $208,705 in federal funds for use by the executive director's office
1051-to implement this act. The appropriation in subsection (6) of this section is
1052-based on the assumption that the department will receive this amount of
1053-federal funds to be used for the Colorado benefits management systems,
1054-operating and contract expenses.
1055-(8) For the 2024-25 state fiscal year, $200,000 is appropriated to the
1056-Colorado child abuse prevention trust fund created in section 26.5-3-206
1057-(1), C.R.S. This appropriation is from the general fund. The department of
1058-early childhood is responsible for the accounting related to this
1059-appropriation.
1060-(9) For the 2024-25 state fiscal year, $200,000 is appropriated to the
1061-department of early childhood for use by the community and family support
1062-division. This appropriation is from reappropriated funds in the Colorado
1063-child abuse prevention trust fund under subsection (8) of this section. To
1064-implement this act, the division may use this appropriation for the child
1065-maltreatment prevention.
1066-(10) For the 2024-25 state fiscal year, $36,514 is appropriated to the
1067-department of regulatory agencies for use by the division of insurance. This
1068-appropriation is from the division of insurance cash fund created in section
1069-10-1-103 (3)(a)(I), C.R.S. To implement this act, the division may use this
1070-appropriation as follows:
1071-(a) $29,332 for personal services, which amount is based on an
1072-assumption that the division will require an additional 0.4 FTE; and
1073-(b) $7,182 for operating expenses.
1074-SECTION 32. Act subject to petition - effective date. Section
1075-27-60-116 (1)(b), as enacted in section 22 of this act, takes effect July 1,
1076-2025, and the remainder of this act takes effect at 12:01 a.m. on the day
1077-following the expiration of the ninety-day period after final adjournment of
1078-PAGE 24-HOUSE BILL 24-1045 the general assembly; except that, if a referendum petition is filed pursuant
1079-to section 1 (3) of article V of the state constitution against this act or an
1080-item, section, or part of this act within such period, then the act, item,
1081-section, or part will not take effect unless approved by the people at the
1082-general election to be held in November 2024 and, in such case, will take
1083-effect on the date of the official declaration of the vote thereon by the
1084-governor; except that section 27-60-116 (1)(b), as enacted in section 22 of
1085-this act, takes effect July 1, 2025.
1086-____________________________ ____________________________
1087-Julie McCluskie Steve Fenberg
1088-SPEAKER OF THE HOUSE PRESIDENT OF
1089-OF REPRESENTATIVES THE SENATE
1090-____________________________ ____________________________
1091-Robin Jones Cindi L. Markwell
1092-CHIEF CLERK OF THE HOUSE SECRETARY OF
1093-OF REPRESENTATIVES THE SENATE
1094- APPROVED________________________________________
1095- (Date and Time)
1096- _________________________________________
1097- Jared S. Polis
1098- GOVERNOR OF THE STATE OF COLORADO
1099-PAGE 25-HOUSE BILL 24-1045
960+HE BHA MAY CONTRACT WITH A GRANT APPLICATION AND24
961+SUPPORT TEAM TO ASSIST THE BHA WITH DRAFTING THE GRANT25
962+APPLICATION, REVIEWING APPLICATIONS , AND ADMINISTERING AND26
963+PROCESSING GRANT AWARDS .27
964+1045
965+-28- (7) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.1
966+ 2
967+SECTION 29. In Colorado Revised Statutes, 27-80-116, add (5)3
968+as follows:4
969+27-80-116. Fetal alcohol spectrum disorders - legislative5
970+declaration - health warning signs - federal funding. (5) THE6
971+BEHAVIORAL HEALTH ADMINISTRATION IS AUTHORIZED TO APPLY FOR7
972+FEDERAL FUNDING FOR FETAL ALCOHOL SPECTRUM DISORDER PROGRAMS8
973+AND TO RECEIVE AND DISBURSE THE FEDERAL FUNDS TO PUBLIC AND9
974+PRIVATE NONPROFIT ORGANIZATIONS .10
975+SECTION 30. In Colorado Revised Statutes, amend 10-22.3-10211
976+as follows:12
977+10-22.3-102. Repeal of article. This article 22.3 is repealed,13
978+effective September 1, 2024 SEPTEMBER 1, 2026.14
979+SECTION 31. Appropriation. (1) For the 2024-25 state fiscal15
980+year, $250,000 is appropriated to the department of human services. This16
981+appropriation is from the general fund. To implement this act, the17
982+department may use this appropriation for criminal justice diversion18
983+programs.19
984+(2) For the 2024-25 state fiscal year, $250,000 is appropriated to20
985+the judicial department. This appropriation is from the general fund. To21
986+implement this act, the department may use this appropriation for district22
987+attorney adult pretrial diversion programs.23
988+(3) For the 2024-25 state fiscal year, $1,325,647 is appropriated24
989+to the department of human services for use by the behavioral health25
990+administration. This appropriation is from the general fund. To implement26
991+this act, the administration may use this appropriation as follows:27
992+1045
993+-29- (a) $30,152 for program administration related the community1
994+behavioral health administration, which amount is based on an2
995+assumption that the administration will require an additional 0.3 FTE;3
996+(b) $545,495 for contract and data management related to4
997+substance use treatment and prevention services; and5
998+(c) $750,000 for the contingency management grant related to6
999+substance use treatment and prevention services, which amount is based7
1000+on an assumption that the administration will require an additional 1.08
1001+FTE.9
1002+(4) For the 2024-25 state fiscal year, $176,831 is appropriated to10
1003+the department of health care policy and financing for use by the11
1004+executive director's office. This appropriation consists of $155,946 from12
1005+the general fund and $20,885 from the healthcare affordability and13
1006+sustainability cash fund created in section 25.5-4-402.4 (5)(a), C.R.S. To14
1007+implement this act, the office may use this appropriation as follows:15
1008+(a) $117,563 general fund for personal services, which amount is16
1009+based on an assumption that the office will require an additional 2.7 FTE;17
1010+(b) $11,733 general fund for operating expenses; and18
1011+(c) $47,535, which consists of $26,650 general fund and $20,88519
1012+from the healthcare affordability and sustainability cash fund, for20
1013+medicaid management information system maintenance and projects.21
1014+(5) For the 2024-25 state fiscal year, the general assembly22
1015+anticipates that the department of health care policy and financing will23
1016+receive $525,189 in federal funds for use by the executive director's24
1017+office to implement this act, which amount is subject to the "(I)" notation25
1018+as defined in the annual general appropriation act for the same fiscal year.26
1019+The appropriation in subsection (4) of this section is based on the27
1020+1045
1021+-30- assumption that the department will receive this amount of federal funds1
1022+to be used as follows:2
1023+(a) $117,562 for personal services;3
1024+(b) $11,733 for operating expenses; and4
1025+(c) $395,894 for medicaid management information system5
1026+maintenance and projects.6
1027+(6) For the 2024-25 state fiscal year, $25,060 is appropriated to7
1028+the department of health care policy and financing for use by the8
1029+executive director's office. This appropriation consists of $14,049 from9
1030+the general fund, and is subject to the "(M)" notation as defined in the10
1031+annual general appropriation act for the same fiscal year, and $11,01111
1032+from the healthcare affordability and sustainability cash fund created in12
1033+section 25.5-4-402.4 (5)(a), C.R.S. To implement this act, the office may13
1034+use this appropriation for the Colorado benefits management systems,14
1035+operating and contract expenses.15
1036+(7) For the 2024-25 state fiscal year, the general assembly16
1037+anticipates that the department of health care policy and financing will17
1038+receive $208,705 in federal funds for use by the executive director's18
1039+office to implement this act. The appropriation in subsection (6) of this19
1040+section is based on the assumption that the department will receive this20
1041+amount of federal funds to be used for the Colorado benefits management21
1042+systems, operating and contract expenses.22
1043+(8) For the 2024-25 state fiscal year, $200,000 is appropriated to23
1044+the Colorado child abuse prevention trust fund created in section24
1045+26.5-3-206 (1), C.R.S. This appropriation is from the general fund. The25
1046+department of early childhood is responsible for the accounting related to26
1047+this appropriation. 27
1048+1045
1049+-31- (9) For the 2024-25 state fiscal year, $200,000 is appropriated to1
1050+the department of early childhood for use by the community and family2
1051+support division. This appropriation is from reappropriated funds in the3
1052+Colorado child abuse prevention trust fund under subsection (8) of this4
1053+section. To implement this act, the division may use this appropriation for5
1054+the child maltreatment prevention.6
1055+(10) For the 2024-25 state fiscal year, $36,514 is appropriated to7
1056+the department of regulatory agencies for use by the division of insurance.8
1057+This appropriation is from the division of insurance cash fund created in9
1058+section 10-1-103 (3)(a)(I), C.R.S. To implement this act, the division may10
1059+use this appropriation as follows:11
1060+(a) $29,332 for personal services, which amount is based on an12
1061+assumption that the division will require an additional 0.4 FTE; and13
1062+(b) $7,182 for operating expenses.14
1063+SECTION 32. Act subject to petition - effective date. Section15
1064+27-60-116 (1)(b), as enacted in section 22 of this act, takes effect July 1,16
1065+2025, and the remainder of this act takes effect at 12:01 a.m. on the day17
1066+following the expiration of the ninety-day period after final adjournment18
1067+of the general assembly; except that, if a referendum petition is filed19
1068+pursuant to section 1 (3) of article V of the state constitution against this20
1069+act or an item, section, or part of this act within such period, then the act,21
1070+item, section, or part will not take effect unless approved by the people22
1071+at the general election to be held in November 2024 and, in such case,23
1072+will take effect on the date of the official declaration of the vote thereon24
1073+by the governor; except that section 27-60-116 (1)(b), as enacted in25
1074+section 22 of this act, takes effect July 1, 2025.26
1075+1045
1076+-32-