HOUSE BILL 25-1132
BY REPRESENTATIVE(S) Camacho and Stewart R., Duran, Carter,
Gilchrist, Lindstedt, Martinez, Phillips, Smith, Bacon, Bird, Boesenecker,
Brown, English, Garcia, Hamrick, Joseph, Lindsay, Lukens, Mabrey,
Paschal, Ricks, Rutinel, Stewart K., Willford, McCluskie;
also SENATOR(S) Hinrichsen and Bridges, Ball, Cutter, Danielson,
Daugherty, Exum, Gonzales J., Jodeh, Kipp, Kolker, Marchman,
Michaelson Jenet, Mullica, Roberts, Rodriguez, Sullivan, Wallace,
Weissman, Winter F., Coleman.
C
ONCERNING CREATING THE MILITARY FAMILY BEHAVIORAL HEALTH GRANT
PROGRAM IN THE VETERANS MENTAL HEALTH SERVICES PROGRAM
,
AND, IN CONNECTION THEREWITH, REDUCING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, 28-5-714 as follows:
28-5-714. Veterans mental health services program - community
behavioral health program grants - rules - definitions. (1) A
S USED IN
THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
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. (a) "ARMED FORCES" MEANS THE ARMY, NAVY, AIR FORCE, MARINE
CORPS, SPACE FORCE, AND COAST GUARD OF THE UNITED STATES.
(b) "B
EHAVIORAL HEALTH ADMINISTRATION " OR "BHA" MEANS THE
BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF HUMAN
SERVICES ESTABLISHED PURSUANT TO SECTION
27-50-102.
(c) "D
IVISION" MEANS THE DIVISION OF VETERANS AFFAIRS IN THE
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
.
(d) "E
LIGIBLE VETERAN" MEANS A VETERAN, AS DEFINED IN SECTION
28-5-100.3, WHO LIVES IN A VETERANS COMMUNITY LIVING CENTER , AS
DEFINED IN SECTION
26-12-102.
(e) "H
EALTH-CARE PROFESSIONAL" MEANS:
(I) A
LICENSED PSYCHIATRIST REGULATED PURSUANT TO ARTICLE
240 OF TITLE 12;
(II) A
LICENSED PSYCHOLOGIST OR PSYCHOLOGIST CANDIDATE
REGULATED PURSUANT TO ARTICLE
245 OF TITLE 12;
(III) A
LICENSED SOCIAL WORKER , LICENSED CLINICAL SOCIAL
WORKER
, OR CLINICAL SOCIAL WORKER CANDIDATE REGULATED PURSUANT
TO ARTICLE
245 OF TITLE 12;
(IV) A
LICENSED MARRIAGE AND FAMILY THERAPIST OR MARRIAGE
AND FAMILY THERAPIST CANDIDATE REGULATED PURSUANT TO ARTICLE
245
OF TITLE 12;
(V) A
LICENSED PROFESSIONAL COUNSELOR OR LICENSED
PROFESSIONAL COUNSELOR CANDIDATE REGULATED PURSUANT TO ARTICLE
245 OF TITLE 12;
(VI) A
LICENSED ADDICTION COUNSELOR , CERTIFIED ADDICTION
SPECIALIST
, OR ADDICTION COUNSELOR CANDIDATE REGULATED PURSUANT
TO ARTICLE
245 OF TITLE 12;
(VII) A
N ADVANCED PRACTICE REGISTERED NURSE LICENSED
PURSUANT TO ARTICLE
255 OF TITLE 12;
PAGE 2-HOUSE BILL 25-1132 (VIII) AN ACUPUNCTURIST LICENSED PURSUANT TO ARTICLE 200 OF
TITLE
12;
(IX) A
MASSAGE THERAPIST LICENSED PURSUANT TO ARTICLE 235 OF
TITLE
12;
(X) A
HEALTH-CARE PROFESSIONAL WHO IS CERTIFIED IN THE
PRACTICE OF USING TOUCH OR HEALING TOUCH TO AFFECT THE HUMAN
ENERGY SYSTEMS
; OR
(XI) A HEALTH-CARE PROFESSIONAL WHO IS CERTIFIED IN
CRANIOSACRAL THERAPIES
.
(f) "S
ERVICE MEMBER" MEANS A PERSON WHO IS:
(I) A
N ACTIVE-DUTY MEMBER OF THE ARMED FORCES ;
(II) A
MEMBER OF THE RESERVE FORCES OF THE UNITED STATES; OR
(III) A MEMBER OF THE FEDERALLY RECOGNIZED NATIONAL GUARD.
(g) "T
ELEHEALTH" HAS THE SAME MEANING AS SET FORTH IN
SECTION
10-16-123.
(h) "V
ETERAN" MEANS A PERSON WHO SERVED IN THE ARMED
FORCES
, THE FEDERALLY RECOGNIZED NATIONAL GUARD, OR THE RESERVE
FORCES OF THE
UNITED STATES AND WHO WAS DISCHARGED OR RELEASED
FROM SERVICE
.
(2) (a) T
HERE IS ESTABLISHED IN THE DIVISION A VETERANS MENTAL
HEALTH SERVICES PROGRAM TO PROMOTE ACCESS TO MENTAL HEALTH
SERVICES FOR ELIGIBLE VETERANS BY REIMBURSING HEALTH
-CARE
PROFESSIONALS FOR SESSIONS WITH AN ELIGIBLE VETERAN
.
(b) T
HE DIVISION SHALL REIMBURSE A HEALTH-CARE PROFESSIONAL
WHO PARTICIPATES IN THE VETERANS MENTAL HEALTH SERVICES PROGRAM
FOR MENTAL HEALTH
-CARE SESSIONS, EITHER IN PERSON OR THROUGH
TELEHEALTH
, WITH ELIGIBLE VETERANS. EACH ELIGIBLE VETERAN MAY
RECEIVE TWENTY
-SIX REIMBURSED SESSIONS PER YEAR.
PAGE 3-HOUSE BILL 25-1132 (c) SUBJECT TO AVAILABLE APPROPRIATIONS , AN ELIGIBLE VETERAN
MAY RECEIVE AND THE DIVISION SHALL REIMBURSE A HEALTH
-CARE
PROFESSIONAL FOR
:
(I) A
DDITIONAL REIMBURSED SESSIONS IF A HEALTH -CARE
PROFESSIONAL DETERMINES ADDITIONAL SESSIONS ARE NECESSARY
; AND
(II) COMPLEMENTARY BEHAVIORAL HEALTH SERVICES , INCLUDING,
BUT NOT LIMITED TO, ACUPUNCTURE, HEALING TOUCH THERAPY, MASSAGE
THERAPY
, ACUPRESSURE, AND CRANIOSACRAL THERAPY FOR THE PURPOSE
OF SUPPORTING AN ELIGIBLE VETERAN
'S MENTAL HEALTH WHEN PROVIDED
BY A QUALIFIED HEALTH
-CARE PROFESSIONAL.
(d) T
O BE ELIGIBLE TO PARTICIPATE IN AND RECEIVE
REIMBURSEMENT FROM THE VETERANS MENTAL HEALTH SERVICES
PROGRAM
, A HEALTH-CARE PROFESSIONAL MUST BE AVAILABLE TO PROVIDE
AT LEAST FOUR MENTAL HEALTH
-CARE SESSIONS TO EACH ELIGIBLE VETERAN
THE HEALTH
-CARE PROFESSIONAL ACCEPTS AS A CLIENT .
(e) T
HE DIVISION SHALL:
(I) D
EVELOP A PROCESS CONSISTENT WITH THE REQUIREMENTS OF
THIS SECTION FOR HEALTH
-CARE PROFESSIONALS TO APPLY FOR AND
DEMONSTRATE ELIGIBILITY TO RECEIVE REIMBURSEMENT FROM THE
VETERANS MENTAL HEALTH SERVICES PROGRAM
;
(II) U
PON REIMBURSING A HEALTH -CARE PROFESSIONAL FOR A
MENTAL HEALTH
-CARE SESSION WITH AN ELIGIBLE VETERAN , INFORM THE
HEALTH
-CARE PROFESSIONAL OF THE VETERAN 'S REMAINING NUMBER OF
SESSIONS ELIGIBLE FOR REIMBURSEMENT THAT YEAR
; AND
(III) DETERMINE A REASONABLE RATE OF REIMBURSEMENT FOR EACH
MENTAL HEALTH
-CARE SESSION WITH AN ELIGIBLE VETERAN PURSUANT TO
THE VETERANS MENTAL HEALTH SERVICES PROGRAM
, WHICH RATE MUST BE
THE SAME REGARDLESS OF WHETHER THE APPOINTMENT IS IN
-PERSON OR
THROUGH TELEHEALTH
.
(f) T
HE ADJUTANT GENERAL, IN CONSULTATION WITH THE BOARD OF
VETERANS AFFAIRS
, SHALL ADOPT RULES NECESSARY FOR THE
IMPLEMENTATION OF THIS SUBSECTION
(2).
PAGE 4-HOUSE BILL 25-1132 (3) FOR EACH STATE FISCAL YEAR, THE GENERAL ASSEMBLY SHALL
APPROPRIATE MONEY TO THE DIVISION FOR THE PURPOSES OF THE VETERANS
MENTAL HEALTH SERVICES PROGRAM
. THE FIRST SIX HUNDRED THOUSAND
DOLLARS MUST BE USED FOR ELIGIBLE VETERANS
.
(4) (a) T
HE BHA SHALL COORDINATE WITH THE DIVISION TO
CONTINUE AND EXPAND THE VETERANS MENTAL HEALTH SERVICES PROGRAM
USING THE MONEY TRANSFERRED PURSUANT TO SECTION
39-37-301
(2)(a)(II)
TO THE BEHAVIORAL AND MENTAL HEALTH CASH FUND , CREATED
IN SECTION
24-75-230 (2)(a), IN ACCORDANCE WITH SECTION 24-75-230
(3.5).
(b) T
HE BHA SHALL POST ON ITS WEBSITE A LIST OF HEALTH-CARE
PROFESSIONALS WHO PARTICIPATE IN THE VETERANS MENTAL HEALTH
SERVICES PROGRAM
.
(5) (a) I
N EXPANDING THE VETERANS MENTAL HEALTH SERVICES
PROGRAM PURSUANT TO SUBSECTION
(4)(a) OF THIS SECTION, THE BHA
SHALL PROVIDE GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO
ESTABLISH AND EXPAND COMMUNITY BEHAVIORAL HEALTH PROGRAMS THAT
PROVIDE BEHAVIORAL HEALTH SERVICES TO SERVICE MEMBERS
, VETERANS,
AND FAMILY MEMBERS OF SERVICE MEMBERS AND VETERANS .
(b) I
F A LOCAL NONPROFIT ORGANIZATION RECEIVES A GRANT
PURSUANT TO THIS SUBSECTION
(5) AND THE ORGANIZATION CONTINUES TO
MEET PERFORMANCE METRICS DEVELOPED BY THE
BHA, THE BHA MAY
DISTRIBUTE AN ADDITI ONAL GRANT TO THE LOCAL NONPROFIT
ORGANIZATION WITHOUT REQUIRING THE ORGANIZATION TO REAPPLY FOR
THE GRANT
.
(c) T
O RECEIVE A GRANT, A LOCAL NONPROFIT ORGANIZATION MUST
SUBMIT AN APPLICATION TO THE
BHA IN ACCORDANCE WITH RULES
ADOPTED BY THE COMMISSIONER OF THE
BHA.
(d) I
N ITS APPLICATION, A LOCAL NONPROFIT ORGANIZATION SHALL
DEMONSTRATE THAT THE ORGANIZATION
:
(I) S
ERVES THE BEHAVIORAL HEALTH NEEDS OF SERVICE MEMBERS ,
VETERANS, AND FAMILY MEMBERS OF SERVICE MEMBERS AND VETERANS IN
THE LOCALITY SERVED BY THE LOCAL NONPROFIT ORGANIZATION
;
PAGE 5-HOUSE BILL 25-1132 (II) UTILIZES EVIDENCE-BASED PRACTICES;
(III) I
NTEGRATES MILITARY CULTURAL COMPETENCY TRAINING FOR
THE LOCAL NONPROFIT ORGANIZATION
'S STAFF; AND
(IV) HAS ESTABLISHED AND VERIFIABLE COMMUNITY PARTNERSHIPS
TO DELIVER BEHAVIORAL HEALTH SERVICES ALONG THE CONTINUUM OF
CARE TO SERVICE MEMBERS
, VETERANS, AND THEIR FAMILY MEMBERS.
(e) T
HE BHA SHALL PRIORITIZE AWARDING GRANTS TO A GRANT
APPLICANT THAT
:
(I) A
PPLIES FOR A GRANT TO SUPPORT THE OPERATING COSTS FOR A
QUALIFYING PROJECT
, AS DETERMINED BY THE BHA, FOR WHICH CAPITAL
INVESTMENTS HAVE ALREADY BEEN MADE
;
(II) P
ROVIDES CULTURALLY COMPETENT BEHAVIORAL HEALTH
SERVICES TO SERVICE MEMBERS
, VETERANS, AND FAMILY MEMBERS OF
SERVICE MEMBERS AND VETERANS
;
(III) H
AS THE ABILITY TO SUBMIT DATA THAT THE BHA DETERMINES
IS NECESSARY TO MEASURE THE IMPACT OF THE GRANT PROGRAM
; AND
(IV) DEMONSTRATES A HISTORY OF COLLABORATION WITH , AND
PROVIDING SERVICES FOR
, MILITARY AND VETERANS COMMUNITY
ORGANIZATIONS IN
COLORADO.
(f) T
HE COMMISSIONER OF THE BHA SHALL ADOPT RULES AS
NECESSARY TO IMPLEMENT THIS SUBSECTION
(5), INCLUDING PERFORMANCE
METRICS FOR LOCAL NONPROFIT ORGANIZATIONS THAT RECEIVE A GRANT
.
SECTION 2. Appropriation - adjustments to 2025 long bill. (1)
Except as provided in subsection (2) of this section, to implement this act,
the reappropriated funds appropriation made in the annual general
appropriation act for the 2025-26 state fiscal year to the department of
military and veterans affairs for use by the division of veterans affairs for
veterans mental health services is decreased by $5,000,000. This
appropriation is from reappropriated funds received from the department of
human services for use by the behavioral health administration.
PAGE 6-HOUSE BILL 25-1132 (2) Subsection (1) of this section does not require a reduction of an
appropriation in the annual general appropriations act for the 2025-26 state
fiscal year if:
(a) The amount of reappropriated funds made in the annual general
appropriation act for the 2025-26 state fiscal year to the department of
military and veterans affairs for use by the division of veterans affairs for
veterans mental health is less than the amount of the adjustment required in
subsection (1) of this section; or
(b) The annual general appropriation act for the 2025-26 state fiscal
year does not include an appropriation to the department of military and
veterans affairs for use by the division of veterans affairs for veterans
mental health.
SECTION 3. Act subject to petition - effective date. (1) This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of 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 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
(2) Section 2 of this act takes effect only if the annual general
appropriation act for the 2025-26 state fiscal year becomes law, in which
PAGE 7-HOUSE BILL 25-1132 case section 2 takes effect upon the effective date of this act or of the annual
general appropriation act for state fiscal year 2025-26, whichever is later.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
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 8-HOUSE BILL 25-1132