HOUSE BILL 24-1045
BY REPRESENTATIVE(S) Armagost and deGruy Kennedy, Young, Epps,
Amabile, Bird, Boesenecker, Brown, Clifford, Daugherty, Duran, Froelich,
Garcia, Hamrick, Hernandez, Jodeh, Joseph, Kipp, Lieder, Lindsay,
Lindstedt, Lynch, Mabrey, Martinez, Ortiz, Parenti, Rutinel, Sirota, Snyder,
Story, Titone, Valdez, Vigil, Willford, Woodrow, McCluskie;
also SENATOR(S) Mullica and Will, Jaquez Lewis, Priola, Bridges, Cutter,
Exum, Gonzales, Kolker, Michaelson Jenet, Winter F.
C
ONCERNING TREATMENT FOR SUBSTANCE USE DISORDERS , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 10-16-124.6 as
follows:
10-16-124.6. Drugs used for substance use disorder - prior
authorization prohibited. A
CARRIER THAT PROVIDES COVERAGE UNDER
A HEALTH BENEFIT PLAN FOR A DRUG USED TO TREAT A SUBSTANCE USE
DISORDER SHALL NOT REQUIRE PRIOR AUTHORIZATION
, AS DEFINED IN
SECTION
10-16-112.5 (7)(d), FOR THE DRUG BASED SOLELY ON THE DOSAGE
AMOUNT
.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. SECTION 2. In Colorado Revised Statutes, 10-16-144, add (3) as
follows:
10-16-144. Health-care services provided by pharmacists.
(3) (a) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS
SECTION TO THE CONTRARY
, A HEALTH BENEFIT PLAN DESCRIBED IN
SUBSECTION
(1) OF THIS SECTION THAT PROVIDES TREATMENT FOR
SUBSTANCE USE DISORDERS SHALL REIMBURSE A LICENSED PHARMACIST
ACTING WITHIN THE LICENSED PHARMACIST
'S SCOPE OF PRACTICE, AND IN
ACCORDANCE WITH THE REQUIREMENTS IN PART
6 OF ARTICLE 280 OF TITLE
12, FOR THE PROVISION OF MEDICATION-ASSISTED TREATMENT SERVICES IF
THE HEALTH BENEFIT PLAN PROVIDES COVERAGE FOR THE SAME SERVICES
PROVIDED BY A LICENSED PHYSICIAN OR AN ADVANCED PRACTICE
REGISTERED NURSE
.
(b) A
HEALTH BENEFIT PLAN REIMBURSING A LICENSED PHARMACIST
PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION SHALL REIMBURSE A
LICENSED PHARMACIST AT THE SAME RATE THAT THE HEALTH BENEFIT PLAN
REIMBURSES A LICENSED PHYSICIAN OR AN ADVANCED PRACTICE
REGISTERED NURSE WITHIN THE HEALTH BENEFIT PLAN
'S NETWORK OF
PARTICIPATING PROVIDERS FOR THE SAME SERVICES
.
SECTION 3. In Colorado Revised Statutes, 12-245-403, add (5) as
follows:
12-245-403. Social work practice defined. (5) S
OCIAL WORK
PRACTICE INCLUDES THE CLINICAL SUPERVISION BY A LICENSED CLINICAL
SOCIAL WORKER OF A PERSON WORKING TOWARD CERTIFICATION AS A
CERTIFIED ADDICTION TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST
PURSUANT TO SECTION
12-245-804 (3.5), IF THE LICENSED CLINICAL SOCIAL
WORKER HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED
ADDICTION COUNSELOR
, OR THE EQUIVALENT , AS SPECIFIED IN RULES
PROMULGATED BY THE STATE BOARD OF HUMAN SERVICES PURSUANT TO
SECTION
27-80-108 (1)(e.5) OR 27-50-107 (3)(e)(II), AS APPLICABLE.
SECTION 4. In Colorado Revised Statutes, 12-245-503, add (5) as
follows:
12-245-503. Marriage and family therapy practice defined.
PAGE 2-HOUSE BILL 24-1045 (5) MARRIAGE AND FAMILY THERAPY PRACTICE INCLUDES THE CLINICAL
SUPERVISION BY A LICENSED MARRIAGE AND FAMILY THERAPIST OF A
PERSON WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION
TECHNICIAN OR A CERTIFIED ADDICTION SPECIALIST PURSUANT TO SECTION
12-245-804 (3.5), IF THE LICENSED MARRIAGE AND FAMILY THERAPIST HAS
MET THE EDUCATION REQUIREMENTS FOR A LICENSED ADDICTION
COUNSELOR
, OR THE EQUIVALENT, AS SPECIFIED IN RULES PROMULGATED BY
THE STATE BOARD OF HUMAN SERVICES PURSUANT TO SECTION
27-80-108
(1)(e.5)
OR 27-50-107 (3)(e)(II), AS APPLICABLE.
SECTION 5. In Colorado Revised Statutes, 12-245-504, add (1.5)
as follows:
12-245-504. Qualifications - examination - licensure and
registration. (1.5) A
LICENSED ADDICTION COUNSELOR WHO POSSESSES A
VALID
, UNSUSPENDED, AND UNREVOKED LICENSE MAY PROVIDE CLINICAL
SUPERVISION OF AN INDIVIDUAL WORKING TOWARD LICENSURE AS A
MARRIAGE AND FAMILY THERAPIST IF THE LICENSED ADDICTION COUNSELOR
HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED MARRIAGE AND
FAMILY THERAPIST
, OR THE EQUIVALENT , AS SPECIFIED IN RULES
PROMULGATED BY THE STATE BOARD OF MARRIAGE AND FAMILY THERAPIST
EXAMINERS CREATED IN SECTION
12-245-502.
SECTION 6. In Colorado Revised Statutes, 12-245-603, add (3) as
follows:
12-245-603. Practice of licensed professional counseling defined.
(3) T
HE PRACTICE OF PROFESSIONAL COUNSELING INCLUDES THE CLINICAL
SUPERVISION BY A LICENSED PROFESSIONAL COUNSELOR OF A PERSON
WORKING TOWARD CERTIFICATION AS A CERTIFIED ADDICTION TECHNICIAN
OR A CERTIFIED ADDICTION SPECIALIST PURSUANT TO SECTION
12-245-804
(3.5),
IF THE LICENSED PROFESSIONAL COUNSELOR HAS MET THE EDUCATION
REQUIREMENTS FOR A LICENSED ADDICTION COUNSELOR
, OR THE
EQUIVALENT
, AS SPECIFIED IN RULES PROMULGATED BY THE STATE BOARD
OF HUMAN SERVICES PURSUANT TO SECTION
27-80-108 (1)(e.5) OR
27-50-107 (3)(e)(II), AS APPLICABLE.
SECTION 7. In Colorado Revised Statutes, 12-245-604, add (1.5)
as follows:
PAGE 3-HOUSE BILL 24-1045 12-245-604. Licensure - examination - licensed professional
counselors. (1.5) A
LICENSED ADDICTION COUNSELOR WHO POSSESSES A
VALID
, UNSUSPENDED, AND UNREVOKED LICENSE MAY PROVIDE CLINICAL
SUPERVISION OF AN INDIVIDUAL WORKING TOWARD LICENSURE AS A
LICENSED PROFESSIONAL COUNSELOR IF THE LICENSED ADDICTION
COUNSELOR HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED
PROFESSIONAL COUNSELOR
, OR THE EQUIVALENT, AS SPECIFIED IN RULES
PROMULGATED BY THE STATE BOARD OF LICENSED PROFESSIONAL
COUNSELOR EXAMINERS CREATED IN SECTION
12-245-602.
SECTION 8. In Colorado Revised Statutes, 12-285-803, add (5) as
follows:
12-245-803. Practice of addiction counseling defined - scope of
practice. (5) T
HE PRACTICE OF ADDICTION COUNSELING INCLUDES CLINICAL
SUPERVISION BY A LICENSED ADDICTION COUNSELOR OF A PERSON WORKING
TOWARD LICENSURE AS A MARRIAGE AND FAMILY THERAPIST
, PURSUANT TO
SECTION
12-245-504 (1), OR A LICENSED PROFESSIONAL COUNSELOR ,
PURSUANT TO SECTION 12-245-604 (1), IF THE LICENSED ADDICTION
COUNSELOR HAS MET THE EDUCATION REQUIREMENTS FOR A LICENSED
MARRIAGE AND FAMILY THERAPIST OR LICENSED PROFESSIONAL C OUNSELOR
,
OR THE EQUIVALENT, AS SPECIFIED IN RULES PROMULGATED BY THE STATE
BOARD OF MARRIAGE AND FAMILY THERAPIST EXAMINERS CREATED IN
SECTION
12-245-502 OR THE STATE BOARD OF LICENSED PROFESSIONAL
COUNSELOR EXAMINERS CREATED IN SECTION
12-245-602, AS APPLICABLE.
SECTION 9. In Colorado Revised Statutes, 12-245-805, add
(2.5)(c) as follows:
12-245-805. Rights and privileges of certification and licensure
- titles - clinical supervision. (2.5) (c) N
OTWITHSTANDING ANY PROVISION
OF THIS TITLE
12 TO THE CONTRARY, A LICENSED CLINICAL SOCIAL WORKER,
PURSUANT TO SECTION 12-245-403 (5), A LICENSED MARRIAGE AND FAMILY
THERAPIST
, PURSUANT TO SECTION 12-245-503 (5), OR A LICENSED
PROFESSIONAL COUNSELOR
, PURSUANT TO SECTION 12-245-603 (3), WHO
POSSESSES A VALID
, UNSUSPENDED, AND UNREVOKED LICENSE MAY PROVIDE
CLINICAL SUPERVISION OF AN INDIVIDUAL WORKING TOWARD CERTIFICATION
AS A CERTIFIED ADDICTION TECHNICIAN OR CERTIFIED ADDICTION SPECIALIST
IF THE LICENSED CLINICAL SOCIAL WORKER
, LICENSED MARRIAGE AND
FAMILY THERAPIST
, OR LICENSED PROFESSIONAL COUNSELOR HAS MET THE
PAGE 4-HOUSE BILL 24-1045 EDUCATION REQUIREMENTS FOR A LICENSED ADDICTION COUNSELOR , OR THE
EQUIVALENT
, AS SPECIFIED IN RULES PROMULGATED BY THE STATE BOARD
OF HUMAN SERVICES PURSUANT TO SECTION
27-80-108 (1)(e.5) OR
27-50-107 (3)(e)(II), AS APPLICABLE.
SECTION 10. In Colorado Revised Statutes, 12-280-103, amend
(39)(g)(III), (39)(g)(IV)(C), (39)(j), and (39)(k); and add (27.5), (39)(g)(V),
and (39)(l) as follows:
12-280-103. Definitions - rules. As used in this article 280, unless
the context otherwise requires or the term is otherwise defined in another
part of this article 280:
(27.5) "M
EDICATIONS FOR OPIOID USE DISORDER " OR "MOUD"
MEANS TREATMENT FOR AN OPIOID USE DISORDER USING MEDICATIONS
APPROVED BY THE
FDA FOR THAT PURPOSE AND PRESCRIBED, DISPENSED, OR
ADMINISTERED IN ACCORDANCE WITH NATIONAL
, EVIDENCE-BASED
PUBLISHED GUIDANCE
.
(39) "Practice of pharmacy" means:
(g) Exercising independent prescriptive authority:
(III) As authorized pursuant to sections 12-30-110 and 12-280-123
(3) regarding opiate antagonists; or
(IV) For drugs that are not controlled substances, drug categories,
or devices that are prescribed in accordance with the product's
FDA-approved labeling and to patients who are at least twelve years of age
and that are limited to conditions that:
(C) Have a test that is used to guide diagnosis or clinical
decision-making and is waived under the federal "Clinical Laboratory
Improvement Amendments of 1988", Pub.L. 100-578, as amended;
OR
(V) FOR ANY FDA-APPROVED PRODUCT INDICATED FOR OPIOID USE
DISORDER IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS
,
INCLUDING MEDICATIONS FOR OPIOID USE DISORDER , IF AUTHORIZED
PURSUANT TO PART
6 OF THIS ARTICLE 280.
(j) Performing other tasks delegated by a licensed physician; and
PAGE 5-HOUSE BILL 24-1045 (k) Providing treatment that is based on national, evidence-based,
published guidance;
AND
(l) DISPENSING OR ADMINISTERING ANY FDA-APPROVED PRODUCT
FOR OPIOID USE DISORDER IN ACCORDANCE WITH FEDERAL LAW AND
REGULATIONS
, INCLUDING MEDICATIONS FOR OPIOID USE DISORDER .
SECTION 11. In Colorado Revised Statutes, add 12-280-604 as
follows:
12-280-604. Collaborative pharmacy practice agreement -
statewide drug therapy protocol for medication-assisted treatment for
opioid use disorder - rules - definition. (1) A
S USED IN THIS SECTION,
"
MEDICATION-ASSISTED TREATMENT " MEANS A COMBINATION OF
MEDICATIONS AND BEHAVIORAL THERAPY
, SUCH AS BUPRENORPHINE AND
ALL OTHER MEDICATIONS AND THERAPIES APPROVED BY THE FEDERAL FOOD
AND DRUG ADMINISTRATION
, TO TREAT OPIOID USE DISORDER.
(2) (a) P
URSUANT TO SECTION 12-280-603, THE BOARD, IN
CONJUNCTION WITH THE
COLORADO MEDICAL BOARD CREATED IN SECTION
12-240-105 AND THE STATE BOARD OF NURSING CREATED IN SECTION
12-255-105, SHALL PROMULGATE RULES NO LATER THAN MAY 1, 2025,
DEVELOPING A STATEWIDE DRUG THERAPY PROTOCOL FOR PHARMACISTS TO
PRESCRIBE
, DISPENSE, AND ADMINISTER ONLY FEDERAL DRUG ENFORCEMENT
ADMINISTRATION SCHEDULE
III, IV, AND V FDA-APPROVED PRODUCTS AS
MEDICATION
-ASSISTED TREATMENT FOR OPIOID USE DISORDER .
(b) I
N DEVELOPING THE STATEWIDE DRUG THERAPY PROTOCOL , THE
APPLICABLE BOARDS SHALL CONSIDER REQUIREMENTS FOR TRAINING
,
INCLUDING A PROGRAM ACCREDITED BY THE ACCREDITATION COUNCIL FOR
PHARMACY EDUCATION, OR ITS SUCCESSOR ENTITY; PATIENT NOTICE AND
CONSENT
; PROVIDER REFERRAL CRITERIA; LAB SCREENING AND TESTING;
MONITORING; PATIENT PRIVACY; AND PATIENT FOLLOW -UP CARE AND
COUNSELING
. THE RULES DEVELOPED PURSUANT TO SUBSECTION (2)(a) OF
THIS SECTION MUST SPECIFY THAT ANY COLLABORATING ENTITIES UTILIZING
THE PROTOCOL ARE CLEARLY IDENTIFIED
.
(3) T
HIS SECTION DOES NOT REQUIRE A STATEWIDE DRUG THERAPY
PROTOCOL OR COLLABORATIVE PHARMACY PRACTICE AGREEMENT BEFORE
A PHARMACIST MAY PRESCRIBE
, DISPENSE, OR ADMINISTER ONLY FEDERAL
PAGE 6-HOUSE BILL 24-1045 DRUG ENFORCEMENT ADMINISTRATION SCHEDULE III, IV, AND V
FDA-
APPROVED PRODUCTS AS MEDICATION -ASSISTED TREATMENT, IF THE
PRESCRIBING
, DISPENSING, OR ADMINISTERING MEDICATION -ASSISTED
TREATMENT IS OTHERWISE AUTHORIZED UNDER LAW
.
SECTION 12. In Colorado Revised Statutes, 23-21-802, amend
(1)(h)(I) as follows:
23-21-802. Legislative declaration. (1) The general assembly finds
that:
(h) In order to increase access to addiction treatment in areas of the
state where opioid addiction is prevalent, it is necessary to establish a pilot
program to award grants to:
(I) Organizations, or
practices, OR PHARMACIES with nurse
practitioners, and physician assistants, OR PHARMACISTS to enable them to
obtain the training and ongoing support required to prescribe medications,
such as buprenorphine and all other medications and therapies approved by
the federal food and drug administration, to treat opioid use disorders; and
SECTION 13. In Colorado Revised Statutes, 23-21-803, add (5.3)
as follows:
23-21-803. Definitions. As used in this part 8, unless the context
otherwise requires:
(5.3) "P
HARMACIST" MEANS AN INDIVIDUAL LICENSED IN COLORADO
TO ENGAGE IN THE PRACTICE OF PHARMACY WHO IS PRESCRIBING
MEDICATION
-ASSISTED TREATMENT PURSUANT TO PART 6 OF ARTICLE 280 OF
TITLE
12.
SECTION 14. In Colorado Revised Statutes, 23-21-804, amend (1)
and (2) as follows:
23-21-804. Medication-assisted treatment expansion pilot
program - created - pilot program location - eligible grant recipients -
rules. (1) (a) There is hereby
created the medication-assisted treatment
expansion pilot program to provide grants to community agencies,
office-based practices, behavioral health organizations, and
substance abuse
PAGE 7-HOUSE BILL 24-1045 treatment organizations, AND PHARMACIES to enable:
(I) Nurse practitioners or physician assistants working in those
settings to obtain training and ongoing support required under the federal
act in order to prescribe buprenorphine and all other medications and
therapies approved by the federal food and drug administration as part of
medication-assisted treatment provided to individuals with an opioid use
disorder; and
(II) Those agencies, practices, and organizations to provide
behavioral therapies and support in conjunction with medication-assisted
treatment for individuals with an opioid use disorder;
AND
(III) PHARMACISTS AUTHORIZED UNDER A STATEWIDE DRUG
THERAPY PROTOCOL PURSUANT TO SECTION
12-280-605, A COLLABORATIVE
PHARMACY PRACTICE AGREEMENT PURSUANT TO PART
6 OF ARTICLE 280 OF
TITLE
12, OR OTHERWISE AUTHORIZED UNDER LAW TO PRESCRIBE , DISPENSE,
OR ADMINISTER MEDICATION-ASSISTED TREATMENT FOR INDIVIDUALS WITH
AN OPIOID USE DISORDER
.
(b) The MAT expansion pilot program is available to provide grants
to community agencies, office-based practices, behavioral health
organizations, and
substance abuse treatment organizations practicing or
providing treatment in Pueblo county or Routt county, and, starting in the
2019-20 fiscal year, the San Luis valley and up to two
additional counties
selected by the center for participation based on demonstrated need. T
HE
MAT EXPANSION PILOT PROGRAM MAY ALSO PROVIDE GRANTS TO
PHARMACIES FOR THE PURPOSES ALLOWED UNDER THE GRANT PROGRAM
ONCE THE CONDITIONS DESCRIBED IN SUBSECTION
(1)(a)(III) OF THIS
SECTION ARE MET
.
(2) A grant recipient may use the money received through the pilot
program for the following purposes:
(a) To enable nurse practitioners or physician assistants practicing
or working in the grant recipient's setting in the pilot program area to obtain
the training required to be a qualified nurse practitioner or physician
assistant in order to prescribe buprenorphine and all other medications and
therapies approved by the federal food and drug administration as part of
medication-assisted treatment for individuals with opioid use disorders; and
PAGE 8-HOUSE BILL 24-1045 (b) To increase access to medication-assisted treatment for
individuals with opioid use disorders in the pilot program area;
AND
(c) TO OBTAIN TRAINING FOR PHARMACISTS TO PROVIDE
MEDICATION
-ASSISTED TREATMENT SERVICES.
SECTION 15. In Colorado Revised Statutes, 23-21-805, amend
(2)(a)(V) and (2)(a)(VI); and add (2)(a)(VII) as follows:
23-21-805. MAT expansion advisory board - created - duties.
(2) (a) The advisory board consists of representatives of the following
entities or organizations who are designated by the entity or organization:
(V) The Colorado Academy of Physician Assistants; and(VI) The physician assistant program at the university of Colorado;
AND
(VII) THE COLORADO PHARMACISTS SOCIETY .
SECTION 16. In Colorado Revised Statutes, 23-21-806, amend (1)
introductory portion, (1)(c), (2)(b), (2)(d), and (3); and repeal (1)(d) as
follows:
23-21-806. Grant application - criteria - awards. (1) To receive
a grant, an eligible organization, or practice, OR PHARMACY must submit an
application to the center in accordance with pilot program guidelines and
procedures established by the center. At a minimum, the application must
include the following information:
(c) The number of nurse practitioners, or
physician assistants, OR
PHARMACISTS
willing to complete the required training;
(d) Identification of any incentives to assist nurse practitioners orphysician assistants in completing the required training and becoming
certified to prescribe buprenorphine;
(2) The advisory board shall review the applications received
pursuant to this section and make recommendations to the center regarding
grant recipients and awards. In recommending grant awards and in
awarding grants, the advisory board and the center shall consider the
PAGE 9-HOUSE BILL 24-1045 following criteria:
(b) The number of opioid-dependent patients that WHO could be
served by nurse practitioners, or physician assistants, OR PHARMACISTS
working in or with a practice or organization applying for a grant;
(d) The written commitment of the applicant to have nurse
practitioners, or physician assistants, OR PHARMACISTS participate in
periodic consultations with center staff; and
(3) Subject to available appropriations, in the 2019-20 and 2020-21
fiscal years, the center shall award grants to applicants approved in
accordance with this section and shall distribute the grant money to grant
recipients within ninety days after issuing the grant awards.
SECTION 17. In Colorado Revised Statutes, 23-21-807, amend (1)
introductory portion, (1)(c), (2) introductory portion, (2)(e), and (2)(g);
repeal (2)(c); and add (1)(e) as follows:
23-21-807. Reporting requirements. (1) Each organization, or
practice, OR PHARMACY that receives a grant through the pilot program shall
submit an annual report to the center by a date set by the center. At a
minimum, the report must include the following information:
(c) The number of nurse practitioners, or
physician assistants, OR
PHARMACISTS
who were trained; and who received certification to prescribe
buprenorphine and all other medications and therapies approved by the
federal food and drug administration to treat opioid use disorder; and
(e) A
DETAILED DESCRIPTION OF THE TRAINING RECEIVED BY
PHARMACISTS
; WHETHER THE PHARMACISTS WHO RECEIVED TRAINING ARE
CURRENTLY ABLE TO PROVIDE AND ARE PROVIDING MEDICATION
-ASSISTED
TREATMENT TO OPIOID
-DEPENDENT PATIENTS; AND THE NUMBER OF
OPIOID
-DEPENDENT PATIENTS TREATED DURING THE PILOT PROGRAM PERIOD
BY EACH PHARMACIST
.
(2) On or before June 30, 2018, and on or before each June 30
through June 30, 2021, The center shall ANNUALLY submit a summarized
report on the pilot program to the health and human services committee of
the senate and the health and insurance and the public health care and
PAGE 10-HOUSE BILL 24-1045 human services committees of the house of representatives, or any
successor committees, and to the governor. At a minimum, the report must
include:
(c) The total number of nurse practitioners and physician assistants
who completed the required training and became certified to prescribe
buprenorphine, listed by county participating in the pilot program;
(e) A summary of policies and procedures instituted by grant
recipients related to the provision of MAT by qualified nurse practitioners,
and
physician assistants, AND PHARMACISTS;
(g) A summary of lessons learned and recommendations for
implementing MAT as provided by nurse practitioners, and physician
assistants, and
PHARMACISTS in other communities in the state.
SECTION 18. In Colorado Revised Statutes, add 25.5-4-505.5 as
follows:
25.5-4-505.5. Federal authorization related to persons involved
in the criminal justice system - report - rules - legislative declaration.
(1) (a) T
HE GENERAL ASSEMBLY FINDS THAT :
(I) F
OR DECADES, FEDERAL MEDICAID POLICY PROHIBITED THE USE
OF FEDERAL FUNDING FOR INCARCERATED MEDICAID MEMBERS
;
(II) W
ITH THE EMERGING OPPORTUNITY TO ALLOW FOR COVERAGE
OF INCARCERATED MEDICAID MEMBERS
, COLORADO IS SUPPORTIVE OF
ENSURING THESE MEMBERS HAVE ACCESS TO NEEDED SERVICES AND
TREATMENT
; AND
(III) COLORADO IS COMMITTED TO ENSURING MEDICAID MEMBERS
HAVE ACCESS TO A CIVIL
, COMMUNITY-BASED SYSTEM THAT MEETS
MEMBERS
' NEEDS AND ENSURES COLORADO'S COUNTY JAILS, JUVENILE
FACILITIES
, AND PRISONS DO NOT BECOME PRIMARY ACCESS POINTS FOR
HEALTH
-CARE SERVICES FOR PEOPLE EXPERIENCING BEHAVIORAL HEALTH
CONDITIONS
.
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES IT IS IN THE
BEST INTEREST OF ALL
COLORADANS, AND ESPECIALLY COLORADANS LIVING
PAGE 11-HOUSE BILL 24-1045 WITH BEHAVIORAL HEALTH CONDITIONS , TO REQUIRE THE DEPARTMENT OF
HEALTH CARE POLICY AND FINANCING TO SEEK A FEDERAL WAIVER OF THE
MEDICAID INMATE EXCLUSION POLICY THAT INCLUDES ANNUAL DATA
REPORTING REQUIREMENTS THAT
:
(I) I
NFORM COLORADANS REGARDING THE UNMET HEALTH NEEDS OF
INDIVIDUALS INVOLVED IN THE CRIMINAL JUSTICE SYSTEM
;
(II) P
ROMOTE THE ESTABLISHMENT OF CONTINUOUS CIVIL SYSTEMS
OF CARE WITHIN COMMUNITIES DEMONSTRABLY COMMITTED TO DIVERSION
OR DEFLECTION EFFORTS
, INCLUDING BUT NOT LIMITED TO MOBILE
OUTREACH
, CO-RESPONDER PROGRAMS, AND PROSECUTOR- OR JUDICIAL-LED
INITIATIVES
; AND
(III) AIM TO REDUCE UNNECESSARY INVOLVEMENT WITH THE
CRIMINAL JUSTICE SYSTEM AND INCREASE ACCESS TO COMMUNITY
-BASED
HOUSING
, HEALTH CARE, SUPPORTS, AND SERVICES.
(2) (a) N
O LATER THAN APRIL 1, 2024, THE STATE DEPARTMENT
SHALL SEEK A FEDERAL AUTHORIZATION TO PROVIDE
, THROUGH THE STATE
MEDICAL ASSISTANCE PROGRAM
, MEDICATION-ASSISTED TREATMENT AND
CASE MANAGEMENT TO A MEMBER PRIOR TO THE MEMBER
'S RELEASE AND A
THIRTY
-DAY SUPPLY OF PRESCRIPTION MEDICATIONS TO A MEMBER UPON
THE MEMBER
'S RELEASE FROM A JUVENILE INSTITUTIONAL FACILITY , AS
DEFINED IN SECTION
25-1.5-301 (2)(b), OR A DEPARTMENT OF CORRECTIONS
FACILITY
.
(b) B
EGINNING JULY 1, 2025, AND SUBJECT TO AVAILABLE
APPROPRIATIONS
, THE SERVICES DESCRIBED IN SUBSECTION (2)(a) OF THIS
SECTION ARE AVAILABLE UPON RECEIPT OF THE NECESSARY FEDERAL
AUTHORIZATION
.
(3) (a) (I) N
O LATER THAN APRIL 1, 2025, THE STATE DEPARTMENT
SHALL SEEK A FEDERAL AUTHORIZATION TO PROVIDE
, THROUGH THE STATE
MEDICAL ASSISTANCE PROGRAM
, MEDICATION-ASSISTED TREATMENT AND
CASE MANAGEMENT TO A MEMBER PRIOR TO THE MEMBER
'S RELEASE FROM
JAIL AND A THIRTY
-DAY SUPPLY OF PRESCRIPTION MEDICATIONS TO A
MEMBER UPON THE MEMBER
'S RELEASE FROM JAIL.
(II) T
HE STATE DEPARTMENT SHALL IMPLEMENT SUBSECTION
PAGE 12-HOUSE BILL 24-1045 (3)(a)(I) OF THIS SECTION ONLY IF THE STATE DEPARTMENT DETERMINES
THAT PROVIDING THE SERVICES DESCRIBED IN SUBSECTION
(3)(a)(I) OF THIS
SECTION IS BUDGET NEUTRAL
.
(b) B
EGINNING JULY 1, 2026, AND SUBJECT TO AVAILABLE
APPROPRIATIONS
, THE SERVICES DESCRIBED IN SUBSECTION (3)(a) OF THIS
SECTION ARE AVAILABLE UPON RECEIPT OF THE NECESSARY FEDERAL
AUTHORIZATION
.
(4) U
PON RECEIPT OF THE NECESSARY FEDERAL AUTHORIZATION , THE
STATE DEPARTMENT SHALL
:
(a) C
ONDUCT A RIGOROUS STAKEHOLDER PROCESS THAT INCLUDES ,
BUT IS NOT LIMITED TO, RECEIVING FEEDBACK FROM INDIVIDUALS WITH
LIVED EXPERIENCE IN ACCESSING
, OR THE INABILITY TO ACCESS ,
BEHAVIORAL HEALTH SERVICES IN CIVIL SETTINGS, COUNTY JAILS, JUVENILE
INSTITUTIONAL FACILITIES
, AND THE DEPARTMENT OF CORRECTIONS ; AND
(b) REQUIRE EACH COUNTY WITH A COUNTY JAIL SEEKING TO
PROVIDE SERVICES PURSUANT TO THIS SECTION TO DEMONSTRATE A
COMMITMENT TO DIVERSION OR DEFLECTION EFFORTS
, INCLUDING BUT NOT
LIMITED TO MOBILE OUTREACH
, CO-RESPONDER PROGRAMS , AND
PROSECUTOR
- OR JUDICIAL-LED INITIATIVES THAT AIM TO REDUCE
UNNECESSARY INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM AND
INCREASE ACCESS TO COMMUNITY
-BASED HOUSING, HEALTH CARE,
SUPPORTS, AND SERVICES.
(5) (a) T
HE STATE DEPARTMENT SHALL ONLY REIMBURSE AN OPIOID
TREATMENT PROGRAM
, AS DEFINED IN SECTION 27-80-203, FOR
ADMINISTERING MEDICATION
-ASSISTED TREATMENT IN A JAIL SETTING. AT
A MINIMUM
, AN OPIOID TREATMENT PROGRAM THAT ADMINISTERS
MEDICATION
-ASSISTED TREATMENT SHALL:
(I) E
MPLOY A PHYSICIAN MEDICAL DIRECTOR ;
(II) E
NSURE THE INDIVIDUAL RECEIVING MEDICATION -ASSISTED
TREATMENT UNDERGOES A MINIMUM OBSERVATION PERIOD AFTER
RECEIVING MEDICATION
-ASSISTED TREATMENT , AS DETERMINED BY
BEHAVIORAL HEALTH ADMINISTRATION RULE PURSUANT TO SECTION
27-80-204; AND
PAGE 13-HOUSE BILL 24-1045 (III) MEET ALL CRITICAL INCIDENT REPORTING REQUIREMENTS AS
DETERMINED BY BEHAVIORAL HEALTH ADMINISTRATION RULE PURSUANT TO
SECTION
27-80-204.
(b) T
HE STATE DEPARTMENT SHALL ENSURE AS PART OF THE STATE
DEPARTMENT
'S QUALITY OVERSIGHT THAT OPIOID TREATMENT PROGRAMS
THAT ADMINISTER MEDICATION
-ASSISTED TREATMENT IN A JAIL SETTING
MAINTAIN EMERGENCY POLICIES AND PROCEDURES THAT ADDRESS ADVERSE
OUTCOMES
.
(6) T
HE STATE DEPARTMENT MAY EXPAND SERVICES AVAILABLE
PURSUANT TO THIS SECTION AS AUTHORIZED PURSUANT TO FEDERAL LAW
AND REGULATIONS
. IF THE STATE DEPARTMENT SEEKS TO EXPAND SERVICES ,
THE STATE DEPARTMENT SHALL DEMONSTRATE HOW THE STATE
DEPARTMENT WILL ENSURE QUALITY OF CARE AND CLIENT SAFETY
, WHICH
MUST INCLUDE ADDRESSING QUALITY AND SAFETY IN ADMINISTERING
MEDICATIONS IN A JAIL SETTING
.
(7) (a) B
EGINNING JULY 1, 2025, AND EACH JULY 1 THEREAFTER, THE
STATE DEPARTMENT SHALL ANNUALLY REPORT TO THE HOUSE OF
REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES
COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE
,
OR THEIR SUCCESSOR COMMITTEES , THE FOLLOWING INFORMATION :
(I) D
E-IDENTIFIED INFORMATION OF INDIVIDUALS WHO HAVE
ACCESSED SERVICES
, INCLUDING EACH INDIVIDUAL'S DEMOGRAPHICS, THE
TYPE OF SERVICES THE INDIVIDUAL ACCESSED
, THE DURATION OF THE
SERVICES OFFERED IN A CARCERAL SETTING COMPARED TO THE DURATION
OF THE SAME SERVICES OFFERED IN A CIVIL SETTING
, AND THE INDIVIDUAL'S
EXPERIENCES BEFORE AND AFTER INCARCERATION
, INCLUDING BUT NOT
LIMITED TO
:
(A) E
MERGENCY ROOM OR CRISIS SYSTEM VISITS ;
(B) I
NPATIENT STAYS FOR A PRIMARY BEHAVIORAL HEALTH
CONDITION
; AND
(C) SERVICES ACCESSED IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM
, AS DEFINED IN SECTION 19-1-103, OR A PSYCHIATRIC RESIDENTIAL
TREATMENT FACILITY
, AS DEFINED IN SECTION 25.5-4-103;
PAGE 14-HOUSE BILL 24-1045 (II) THE TOTAL NUMBER OF MEDICAID MEMBERS WHO WERE
UNHOUSED BEFORE OR AFTER INCARCERATION
, IF AVAILABLE;
(III) T
HE TOTAL NUMBER OF UNIQUE INCARCERATION STAYS BY
MEDICAID MEMBERS
, AS DEMONSTRATED BY THE SERVICES ACCESSED ;
(IV) T
HE TOTAL NUMBER OF INDIVIDUALS WHO ACCESSED SERVICES
IN A CIVIL SETTING PRIOR TO ARREST OR DETAINMENT AND WERE
SUBSEQUENTLY EVALUATED FOR COMPETENCY
, ORDERED TO COMPETENCY
RESTORATION
, RESTORED TO COMPETENCY , OR FOUND INCOMPETENT TO
PROCEED IN A FORENSIC SETTING
; AND
(V) PERSISTENT GAPS IN CONTINUITY OF CARE IN LEAST-RESTRICTIVE
CIVIL SETTINGS
.
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I) TO THE
CONTRARY
, THE STATE DEPARTMENT'S REPORT CONTINUES INDEFINITELY.
(8) T
HE STATE DEPARTMENT MAY PROMULGATE RULES FOR THE
IMPLEMENTATION OF THIS SECTION
.
SECTION 19. In Colorado Revised Statutes, 25.5-5-320, amend
(7) as follows:
25.5-5-320. Telemedicine - reimbursement - disclosure statement
- rules - definition. (7) As used in this section, "health-care or mental
health-care services" includes speech therapy, physical therapy,
occupational therapy, dental care, hospice care, home health care,
SUBSTANCE USE DISORDER TREATMENT , and pediatric behavioral health
care.
SECTION 20. In Colorado Revised Statutes, 25.5-5-325, amend
(1); and add (2.5) as follows:
25.5-5-325. Partial hospitalization and residential and inpatient
substance use disorder treatment - medical detoxification services -
federal approval - performance review report. (1) Subject to available
appropriations and to the extent permitted under federal law, the medical
assistance program pursuant to this article 5 and articles 4 and 6 of this title
25.5 includes
PARTIAL HOSPITALIZATION AND residential and inpatient
PAGE 15-HOUSE BILL 24-1045 substance use disorder treatment and medical detoxification services.
Participation in
PARTIAL HOSPITALIZATION AND the residential and inpatient
substance use disorder treatment and medical detoxification services benefit
is limited to persons who meet nationally recognized, evidence-based level
of care criteria for
PARTIAL HOSPITALIZATION OR residential and inpatient
substance use disorder treatment and medical detoxification services. The
benefit shall
MUST serve persons with substance use disorders, including
those with co-occurring mental health disorders. All levels of nationally
recognized, evidence-based levels of care for
PARTIAL HOSPITALIZATION
AND
residential and inpatient substance use disorder treatment and medical
detoxification services must be included in the benefit.
(2.5) N
O LATER THAN JULY 1, 2026, THE STATE DEPARTMENT SHALL
SEEK FEDERAL AUTHORIZATION TO PROVIDE PARTIAL HOSPITALIZATION FOR
SUBSTANCE USE DISORDER TREATMENT WITH FULL FEDERAL FINANCIAL
PARTICIPATION
. PARTIAL HOSPITALIZATION FOR SUBSTANCE USE DISORDER
TREATMENT SHALL NOT TAKE EFFECT UNTIL FEDERAL APPROVAL HAS BEEN
OBTAINED
.
SECTION 21. In Colorado Revised Statutes, 25.5-5-422, amend
(2) as follows:
25.5-5-422. Medication-assisted treatment - limitations on MCEs
- definition. (2) Notwithstanding any provision of law to the contrary,
beginning January 1, 2020,
each MCE that provides prescription drug
benefits
OR METHADONE ADMINISTRATION for the treatment of substance use
disorders shall:
(a) Not impose any prior authorization requirements on any
prescription medication approved by the FDA for the treatment of substance
use disorders,
REGARDLESS OF THE DOSAGE AMOUNT ;
(b) Not impose any step therapy requirements as a prerequisite to
authorizing coverage for a prescription medication approved by the FDA for
the treatment of substance use disorders; and(c) Not exclude coverage for any prescription medication approved
by the FDA for the treatment of substance use disorders and any associated
counseling or wraparound services solely on the grounds that the
medications and services were court ordered;
AND
PAGE 16-HOUSE BILL 24-1045 (d) SET THE REIMBURSEMENT RATE FOR TAKE -HOME METHADONE
TREATMENT AND OFFICE
-ADMINISTERED METHADONE TREATMENT AT THE
SAME RATE
.
SECTION 22. In Colorado Revised Statutes, add 27-60-116 as
follows:
27-60-116. Withdrawal management facilities - data collection
- approval of admission criteria - definition - repeal. (1) (a) N
O LATER
THAN
JULY 1, 2025, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL
COLLECT DATA FROM EACH WITHDRAWAL MANAGEMENT FACILITY ON THE
TOTAL NUMBER OF INDIVIDUALS WHO WERE DENIED ADMITTANCE OR
TREATMENT FOR WITHDRAWAL MANAGEMENT DURING THE PREVIOUS
CALENDAR YEAR AND THE REASON FOR THE DENIAL
.
(b) T
HE BHA SHALL SHARE THE DATA RECEIVED FROM WITHDRAWAL
MANAGEMENT FACILITIES PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION
WITH BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATIONS
.
(2) B
EGINNING JANUARY 1, 2025, THE BHA SHALL REVIEW AND
APPROVE ANY ADMISSION CRITERIA ESTABLISHED BY A WITHDRAWAL
MANAGEMENT FACILITY
, AS DEFINED IN SECTION 27-66.5-102.
(3) A
S USED IN THIS SECTION, "WITHDRAWAL MANAGEMENT
FACILITY
" HAS THE SAME MEANING AS SET FORTH IN SECTION 27-66.5-102.
SECTION 23. In Colorado Revised Statutes, add 25.5-5-427 as
follows:
25.5-5-427. Managed care entities - behavioral health providers
- disclosure of reimbursement rates. (1) T
HE STATE DEPARTMENT SHALL
REQUIRE EACH
MCE THAT CONTRACTS WITH THE STATE DEPARTMENT TO
DISCLOSE THE AGGREGATED AVERAGE AND LOWEST RATES OF
REIMBURSEMENT FOR A SET OF BEHAVIORAL HEALTH SERVICES DETERMINED
BY THE STATE DEPARTMENT
.
(2) B
EHAVIORAL HEALTH PROVIDERS ARE AUTHORIZED TO DISCLOSE
THE REIMBURSEMENT RATES PAID BY AN
MCE TO THE BEHAVIORAL HEALTH
PROVIDER
.
PAGE 17-HOUSE BILL 24-1045 SECTION 24. In Colorado Revised Statutes, amend 25.5-5-510 as
follows:
25.5-5-510. Pharmacy reimbursement - substance use disorder
- injections. If a pharmacy has entered into a collaborative pharmacy
practice agreement with one or more physicians pursuant to section
12-280-602 to administer A PHARMACY ADMINISTERING injectable
antagonist medication for medication-assisted treatment for substance use
disorders the pharmacy administering the drug
shall receive an enhanced
dispensing fee that aligns with the administration fee paid to a provider in
a clinical setting.
SECTION 25. In Colorado Revised Statutes, add 25.5-5-512.5 as
follows:
25.5-5-512.5. Medications for opioid use disorder - pharmacists
- reimbursement - definition. (1) A
S USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES
, "MEDICATIONS FOR OPIOID USE DISORDER"
OR "MOUD" HAS THE MEANING AS SET FORTH IN SECTION 12-280-103
(27.5).
(2) T
HE STATE DEPARTMENT SHALL REIMBURSE A LICENSED
PHARMACIST FOR PRESCRIBING OR ADMINISTERING MEDICATIONS FOR AN
OPIOID USE DISORDER
, IF THE PHARMACIST IS AUTHORIZED PURSUANT TO
ARTICLE
280 OF TITLE 12, AT A RATE EQUAL TO THE REIMBURSEMENT
PROVIDED TO A PHYSICIAN
, PHYSICIAN ASSISTANT, OR ADVANCED PRACTICE
REGISTERED NURSE FOR THE SAME SERVICES
.
(3) T
HE STATE DEPARTMENT SHALL SEEK ANY FEDERAL
AUTHORIZATION NECESSARY TO IMPLEMENT THIS SECTION
.
SECTION 26. In Colorado Revised Statutes, 26.5-3-206, add (4)
as follows:
26.5-3-206. Colorado child abuse prevention trust fund -
creation - source of funds - repeal. (4) (a) F
OR THE 2024-25 STATE FISCAL
YEAR AND EACH STATE FISCAL YEAR THEREAFTER
, THE GENERAL ASSEMBLY
SHALL APPROPRIATE ONE HUNDRED FIFTY THOUSAND DOLLARS TO THE
TRUST FUND
. THE BOARD SHALL DISTRIBUTE THE MONEY APPROPRIATED
PURSUANT TO THIS SUBSECTION
(4)(a) FOR PROGRAMS TO REDUCE THE
PAGE 18-HOUSE BILL 24-1045 OCCURRENCE OF PRENATAL SUBSTANCE EXPOSURE IN ACCORDANCE WITH
SECTION
26.5-3-205 (1)(h)(III).
(b) (I) F
OR THE 2024-25 AND 2025-26 STATE FISCAL YEARS, THE
GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE FIFTY THOUSAND
DOLLARS TO THE TRUST FUND
. THE BOARD SHALL DISTRIBUTE THE MONEY
APPROPRIATED PURSUANT TO THIS SUBSECTION
(4)(b) TO CONVENE A
STAKEHOLDER GROUP TO IDENTIFY STRATEGIES TO INCREASE ACCESS TO
CHILD CARE FOR FAMILIES SEEKING SUBSTANCE USE DISORDER TREATMENT
AND RECOVERY SERVICES
.
(II) T
HIS SUBSECTION (4)(b) IS REPEALED, EFFECTIVE JUNE 30, 2027.
SECTION 27. In Colorado Revised Statutes, add 27-50-305 as
follows:
27-50-305. Resources to support behavioral health safety net
providers - independent third-party contract. (1) N
O LATER THAN JULY
1, 2025, THE BHA SHALL CONTRACT WITH AN INDEPENDENT THIRD -PARTY
ENTITY TO PROVIDE SERVICES AND SUPPORTS TO BEHAVIORAL HEALTH
PROVIDERS SEEKING TO BECOME A BEHAVIORAL HEALTH SAFETY NET
PROVIDER WITH THE GOAL OF THE PROVIDER BECOMING SELF
-SUSTAINING.
(2) T
HE INDEPENDENT THIRD -PARTY ENTITY SHALL ASSIST
BEHAVIORAL HEALTH PROVIDERS IN ACCESSING ALTERNATIVE PAYMENT
MODELS AND ENHANCED REIMBURSEMENT RATES THROUGH THE
BHA AND
MEDICAID BY PROVIDING
:
(a) S
UPPORT TO PROVIDERS IN COMPLETING THE ANNUAL COST
REPORTING TO INFORM MEDICAID RATE
-SETTING;
(b) A
NALYSIS OF CURRENT ACCOUNTING PRACTICES AND
RECOMMENDATIONS ON IMPLEMENTING NEW OR MODIFIED PRACTICES TO
SUPPORT THE SOUNDNESS OF COST REPORTING
;
(c) A
DMINISTRATIVE SUPPORT FOR ENROLLING IN DIFFERENT PAYER
TYPES
, INCLUDING, BUT NOT LIMITED TO, MEDICAID, MEDICARE, AND
COMMERCIAL INSURANCE
;
(d) B
ILLING AND CODING SUPPORT;
PAGE 19-HOUSE BILL 24-1045 (e) CLAIMS PROCESSING;
(f) D
ATA ANALYSIS;
(g) C
OMPLIANCE AND TRAINING ON POLICIES AND PROCEDURES ;
(h) S
HARED PURCHASING FOR TECHNOLOGY ;
(i) A
SSISTANCE IN BUILDING PROVIDER CAPACITY TO BECOME A
BEHAVIORAL HEALTH SAFETY NET PROVIDER
; AND
(j) ANY OTHER SERVICE AND SUPPORT APPROVED BY THE BHA.
(3) T
HE INDEPENDENT THIRD-PARTY ENTITY SHALL PRIORITIZE
PROVIDING SERVICES AND SUPPORTS TO A BEHAVIORAL HEALTH PROVIDER
THAT HAS NOT PREVIOUSLY USED THE STATE COST REPORT PROCESS TO SET
MEDICAID RATES
.
(4) T
HE INDEPENDENT THIRD-PARTY ENTITY SHALL BE NONPARTISAN
AND SHALL NOT LOBBY
, PERSONALLY OR IN ANY OTHER MANNER , DIRECTLY
OR INDIRECTLY
, FOR OR AGAINST ANY PENDING LEGISLATION BEFORE THE
GENERAL ASSEMBLY
.
SECTION 28. In Colorado Revised Statutes, add 27-50-805 as
follows:
27-50-805. Contingency management grant program - creation
- definitions - repeal. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "C
ONTINGENCY MANAGEMENT PROGRAM " MEANS AN
EVIDENCE
-BASED TREATMENT PROGRAM THAT PROVIDES MOTIVATIONAL
INCENTIVES TO TREAT INDIVIDUALS WITH A STIMULANT USE DISORDER
.
(b) "G
RANT PROGRAM" MEANS THE CONTINGENCY MANAGEMENT
GRANT PROGRAM CREATED IN SUBSECTION
(2) OF THIS SECTION.
(c) "S
TIMULANT USE DISORDER" MEANS A SUBSTANCE USE DISORDER,
AS DEFINED IN SECTION 27-80-203 (23.3), INVOLVING A CLASS OF DRUGS
THAT INCLUDES COCAINE
, METHAMPHETAMINE , OR PRESCRIPTION
PAGE 20-HOUSE BILL 24-1045 STIMULANTS.
(d) "S
UBSTANCE USE DISORDER TREATMENT PROGRAM " HAS THE
SAME MEANING AS SET FORTH IN SECTION
27-80-203 (23.5).
(2) T
HERE IS CREATED IN THE BEHAVIORAL HEALTH ADMINISTRATION
THE CONTINGENCY MANAGEMENT GRANT PROGRAM TO PROVIDE GRANTS TO
SUBSTANCE USE DISORDER TREATMENT PROGRAMS THAT IMPLEMENT A
CONTINGENCY MANAGEMENT PROGRAM FOR INDIVIDUALS WITH A
STIMULANT USE DISORDER
.
(3) (a) G
RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH
THE GRANT PROGRAM FOR STAFFING
, TRAINING, SUPPLIES, ADMINISTRATIVE
COSTS
, THE COSTS OF VOUCHERS AND PRIZES UP TO FIVE HUNDRED
NINETY
-NINE DOLLARS PER CLIENT DURING THE TREATMENT PERIOD , AND
OTHER RELATED EXPENSES AS APPROVED BY THE
BHA.
(b) A
NY MONEY RECEIVED THROUGH THE GRANT PROGRAM MUST
SUPPLEMENT AND NOT SUPPLANT EXISTING SUBSTANCE USE DISORDER
TREATMENT AND OTHER HEALTH
-CARE SERVICES. GRANT RECIPIENTS SHALL
NOT USE MONEY RECEIVED THROUGH THE GRANT PROGRAM FOR ONGOING OR
EXISTING EXECUTIVE AND SENIOR STAFF SALARIES OR SERVICES ALREADY
COVERED BY MEDICAID OR A CLIENT
'S INSURANCE.
(4) T
HE BHA SHALL ADMINISTER THE GRANT PROGRAM AND ,
SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD GRANTS AS
PROVIDED IN THIS SECTION
.
(5) I
N SELECTING GRANT RECIPIENTS, THE BHA SHALL PRIORITIZE
APPLICANTS THAT RESIDE IN A JURISDICTION WITH DEMONSTRATED NEED TO
HELP MITIGATE OVERDOSE INCIDENTS AND OVERDOSE DEATHS
.
(6) T
HE BHA MAY CONTRACT WITH A GRANT APPLICATION AND
SUPPORT TEAM TO ASSIST THE
BHA WITH DRAFTING THE GRANT
APPLICATION
, REVIEWING APPLICATIONS , AND ADMINISTERING AND
PROCESSING GRANT AWARDS
.
(7) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.
SECTION 29. In Colorado Revised Statutes, 27-80-116, add (5) as
PAGE 21-HOUSE BILL 24-1045 follows:
27-80-116. Fetal alcohol spectrum disorders - legislative
declaration - health warning signs - federal funding. (5) T
HE
BEHAVIORAL HEALTH ADMINISTRATION IS AUTHORIZED TO APPLY FOR
FEDERAL FUNDING FOR FETAL ALCOHOL SPECTRUM DISORDER PROGRAMS
AND TO RECEIVE AND DISBURSE THE FEDERAL F UNDS TO PUBLIC AND
PRIVATE NONPROFIT ORGANIZATIONS
.
SECTION 30. In Colorado Revised Statutes, amend 10-22.3-102
as follows:
10-22.3-102. Repeal of article. This article 22.3 is repealed,
effective September 1, 2024
SEPTEMBER 1, 2026.
SECTION 31. Appropriation. (1) For the 2024-25 state fiscal
year, $250,000 is appropriated to the department of human services. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation for criminal justice diversion
programs.
(2) For the 2024-25 state fiscal year, $250,000 is appropriated to the
judicial department. This appropriation is from the general fund. To
implement this act, the department may use this appropriation for district
attorney adult pretrial diversion programs.
(3) For the 2024-25 state fiscal year, $1,325,647 is appropriated to
the department of human services for use by the behavioral health
administration. This appropriation is from the general fund. To implement
this act, the administration may use this appropriation as follows:
(a) $30,152 for program administration related the community
behavioral health administration, which amount is based on an assumption
that the administration will require an additional 0.3 FTE;
(b) $545,495 for contract and data management related to substance
use treatment and prevention services; and
(c) $750,000 for the contingency management grant related to
substance use treatment and prevention services, which amount is based on
PAGE 22-HOUSE BILL 24-1045 an assumption that the administration will require an additional 1.0 FTE.
(4) For the 2024-25 state fiscal year, $176,831 is appropriated to the
department of health care policy and financing for use by the executive
director's office. This appropriation consists of $155,946 from the general
fund and $20,885 from the healthcare affordability and sustainability cash
fund created in section 25.5-4-402.4 (5)(a), C.R.S. To implement this act,
the office may use this appropriation as follows:
(a) $117,563 general fund for personal services, which amount is
based on an assumption that the office will require an additional 2.7 FTE;
(b) $11,733 general fund for operating expenses; and
(c) $47,535, which consists of $26,650 general fund and $20,885
from the healthcare affordability and sustainability cash fund, for medicaid
management information system maintenance and projects.
(5) For the 2024-25 state fiscal year, the general assembly
anticipates that the department of health care policy and financing will
receive $525,189 in federal funds for use by the executive director's office
to implement this act, which amount is subject to the "(I)" notation as
defined in the annual general appropriation act for the same fiscal year. The
appropriation in subsection (4) of this section is based on the assumption
that the department will receive this amount of federal funds to be used as
follows:
(a) $117,562 for personal services;
(b) $11,733 for operating expenses; and
(c) $395,894 for medicaid management information system
maintenance and projects.
(6) For the 2024-25 state fiscal year, $25,060 is appropriated to the
department of health care policy and financing for use by the executive
director's office. This appropriation consists of $14,049 from the general
fund, and is subject to the "(M)" notation as defined in the annual general
appropriation act for the same fiscal year, and $11,011 from the healthcare
affordability and sustainability cash fund created in section 25.5-4-402.4
PAGE 23-HOUSE BILL 24-1045 (5)(a), C.R.S. To implement this act, the office may use this appropriation
for the Colorado benefits management systems, operating and contract
expenses.
(7) For the 2024-25 state fiscal year, the general assembly
anticipates that the department of health care policy and financing will
receive $208,705 in federal funds for use by the executive director's office
to implement this act. The appropriation in subsection (6) of this section is
based on the assumption that the department will receive this amount of
federal funds to be used for the Colorado benefits management systems,
operating and contract expenses.
(8) For the 2024-25 state fiscal year, $200,000 is appropriated to the
Colorado child abuse prevention trust fund created in section 26.5-3-206
(1), C.R.S. This appropriation is from the general fund. The department of
early childhood is responsible for the accounting related to this
appropriation.
(9) For the 2024-25 state fiscal year, $200,000 is appropriated to the
department of early childhood for use by the community and family support
division. This appropriation is from reappropriated funds in the Colorado
child abuse prevention trust fund under subsection (8) of this section. To
implement this act, the division may use this appropriation for the child
maltreatment prevention.
(10) For the 2024-25 state fiscal year, $36,514 is appropriated to the
department of regulatory agencies for use by the division of insurance. This
appropriation is from the division of insurance cash fund created in section
10-1-103 (3)(a)(I), C.R.S. To implement this act, the division may use this
appropriation as follows:
(a) $29,332 for personal services, which amount is based on an
assumption that the division will require an additional 0.4 FTE; and
(b) $7,182 for operating expenses.
SECTION 32. Act subject to petition - effective date. Section
27-60-116 (1)(b), as enacted in section 22 of this act, takes effect July 1,
2025, and the remainder of this act takes effect at 12:01 a.m. on the day
following the expiration of the ninety-day period after final adjournment of
PAGE 24-HOUSE BILL 24-1045 the general assembly; except that, if a referendum petition is filed pursuant
to section 1 (3) of article V of the state constitution against this act or an
item, section, or part of this act within such period, then the act, item,
section, or part will not take effect unless approved by the people at the
general election to be held in November 2024 and, in such case, will take
effect on the date of the official declaration of the vote thereon by the
governor; except that section 27-60-116 (1)(b), as enacted in section 22 of
this act, takes effect July 1, 2025.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 25-HOUSE BILL 24-1045