SENATE BILL 25-042
BY SENATOR(S) Cutter and Amabile, Michaelson Jenet, Ball, Bridges,
Danielson, Gonzales J., Jodeh, Kipp, Kolker, Rodriguez, Snyder, Sullivan,
Weissman, Winter F., Coleman;
also REPRESENTATIVE(S) Bradfield and English, Bacon, Bird, Boesenecker,
Brown, Camacho, Duran, Jackson, Joseph, Lieder, Lukens, Marshall, Stewart K.
.
C
ONCERNING MEASURES TO ADDRESS COLORADO'S BEHAVIORAL HEALTH
CRISIS RESPONSE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 24-33.5-121 as
follows:
24-33.5-121. Alternative response programs, co-responder
programs, mobile crisis response programs - data collection -
legislative declaration. (1) (a) T
HE GENERAL ASSEMBLY FINDS THAT SOME
COLORADO COMMUNITIES UTILIZE UNIQUE RESOURCES AND MODEL
PROGRAMS WHEN RESPONDING TO A BE HAVIORAL HEALTH CRISIS
, INCLUDING
CO
-RESPONDER PROGRAMS , ALTERNATIVE RESPONSE PROGRAMS , AND
MOBILE CRISIS RESPONSE PROGRAMS
. HOWEVER, THERE IS NO REPOSITORY
OF INFORMATION ABOUT
, NOR A GENERAL UNDERSTANDING OF , WHY THE
________
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. DIFFERENT RESOURCES AND MODEL PROGRAMS WORK IN EACH COMMUNITY .
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IN ORDER
TO ENCOURAGE AND ASSIST OTHER
COLORADO COMMUNITIES TO DEVELOP
RESOURCES AND A MODEL PROGRAM SPECIFIC TO THE COMMUNITY
'S NEEDS,
THE DEPARTMENT OF PUBLIC SAFETY AND THE BEHAVIORAL HEALTH
ADMINISTRATION SHALL CONSULT WITH STAKEHOLDERS TO IDENTIFY
EXISTING RESOURCES AND MODEL PROGRAMS
, COMPILE THE INFORMATION,
AND MAKE THE INFORMATION PUBLICLY AVAILABLE .
(2) (a) N
O LATER THAN JUNE 30, 2026, THE DEPARTMENT, IN
COLLABORATION WITH THE BEHAVIORAL HEALTH ADMINISTRATION IN THE
DEPARTMENT OF HUMAN SERVICES
, SHALL CONSULT WITH STAKEHOLDERS
TO IDENTIFY
:
(I) E
XISTING RESOURCES AND MODEL PROGRAMS THAT COMMUNITIES
THROUGHOUT
COLORADO UTILIZE WHEN RESPONDING TO BEHAVIORAL
HEALTH CRISES
, INCLUDING, BUT NOT LIMITED TO , CO-RESPONDER
PROGRAMS
, ALTERNATIVE RESPONSE PROGRAMS , AND MOBILE CRISIS
RESPONSE PROGRAMS
; AND
(II) THE REIMBURSEMENT SHORTAGES AND GAPS WITHIN THE
CONTINUUM OF CARE FOR BEHAVIORAL HEALTH CRISIS RESPONSE
, AND
REIMBURSEMENT AND FUNDING OPTIONS THAT ARE AVAILABLE AT THE
STATE AND FEDERAL LEVEL TO ADDRESS THE SHORTAGES AND GAPS
,
INCLUDING FUNDING FOR TREATMENT IN PLACE IDENTIFIED BY
STAKEHOLDERS
.
(b) A
T A MINIMUM, THE STAKEHOLDERS CONSULTED WITH PURSUANT
TO SUBSECTION
(2)(a) OF THIS SECTION MUST INCLUDE REPRESENTATIVES
FROM COMMUNITIES THAT HAVE EXISTING RESOURCES AND PROGRAMS
;
COMPREHENSIVE COMMUNITY BEHAVIORAL HEALTH PROVIDERS ; ESSENTIAL
BEHAVIORAL HEALTH SAFETY NET PROVIDERS THAT FURNISH CRISIS
SERVICES
; REPRESENTATIVES FROM LOCAL PROGRAMS RELEVANT TO THE
COMMUNITY
, SUCH AS FAMILY RESOURCE CENTERS , DOMESTIC VIOLENCE
PROGRAMS
, SUBSTANCE USE TREATMENT PROVIDERS , AND INDEPENDENT
CLINICIANS OR QUALIFIED UNLICENSED INDEPENDENT PROVIDERS
;
REPRESENTATIVES CERTIFIED IN PEDIATRIC HEALTH CARE; REPRESENTATIVES
FROM AGENCIES PROVIDING LAW ENFORCEMENT AND FIRE PROTECTION
;
REPRESENTATIVES FROM AN ORGANIZATION REPRESENTING EMERGENCY
PAGE 2-SENATE BILL 25-042 MEDICAL SERVICES, EMERGENCY RESPONSE SERVICES , OR THE STATE
EMERGENCY MEDICAL AND TRAUMA SERVICES ADVISORY COUNCIL CREATED
IN SECTION
25-3.5-104; AND ANY OTHER REPRESENTATIVES THE
DEPARTMENT AND BEHAVIORAL HEALTH ADMINISTRATION DETERMINE ARE
NECESSARY
.
(3) (a) A
FTER CONSULTING WITH THE STAKEHOLDERS PURSUANT TO
SUBSECTION
(2)(a) OF THIS SECTION, BUT NO LATER THAN JUNE 30, 2026,
THE DEPARTMENT SHALL COMPILE A LIST OF EXISTING RESOURCES AND
MODEL PROGRAMS
, AND REPORT REIMBURSEMENT SHORTAGES AND GAPS
IDENTIFIED BY THE STAKEHOLDERS AND DEVELOP RECOMMENDATIONS FOR
ADDRESSING THE SHORTAGES AND GAPS
. THE DEPARTMENT AND THE
BEHAVIORAL HEALTH ADMINISTRATION SHALL MAKE THE RESOURCES
,
MODEL PROGRAMS, AND RECOMMENDATIONS PUBLICLY AVAILABLE ON THE
DEPARTMENT
'S WEBSITE.
(b) (I) I
N ITS 2027 ANNUAL REPORT TO THE COMMITTEES OF
REFERENCE MADE PURSUANT TO SECTION
2-7-203, THE DEPARTMENT SHALL
PROVIDE A REPORT ON THE INFORMATION COMPILED AND THE ANALYSIS AND
RECOMMENDATIONS DEVELOPED PURSUANT TO SUBSECTION
(3)(a) OF THIS
SECTION
.
(II) T
HE DEPARTMENT SHALL SUBMIT THE REPORT DEVELOPED
PURSUANT TO SUBSECTION
(3)(b)(I) OF THIS SECTION TO ANY IMPACTED
STATE AGENCY
.
(c) T
HE DEPARTMENT AND THE BHA SHALL CONTINUALLY UPDATE
THE RESOURCES AND MODEL PROGRAMS COMPILED PURSUANT TO
SUBSECTION
(3)(a) OF THIS SECTION, AS THE DEPARTMENT DETERMINES IS
NECESSARY
.
SECTION 2. In Colorado Revised Statutes, add 27-60-117 as
follows:
27-60-117. Crisis response continuum of care - reimbursement
shortages and gaps - report - repeal. (1) O
N OR BEFORE JANUARY 1, 2027,
THE BEHAVIORAL HEALTH ADMINISTRATION , IN COLLABORATION WITH THE
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING SHALL PROVIDE
INFORMATION TO THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN
SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES
PAGE 3-SENATE BILL 25-042 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, AND ANY IMPACTED STATE
AGENCY
, REGARDING THE REIMBURSEMENT SHORTAGES AND GAPS WITHIN
THE CONTINUUM OF CARE FOR BEHAVIORAL HEALTH CRISIS RESPONSE
, AND
REIMBURSEMENT AND FUNDING OPTIONS AT THE STATE AND FEDERAL LEVEL
THAT ARE AVAILABLE TO ADDRESS SHORTAGES AND GAPS
, INCLUDING
FUNDING FOR TREATMENT IN PLACE
.
(2) T
HIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2027.
SECTION 3. In Colorado Revised Statutes, add 25.5-4-435 as
follows:
25.5-4-435. Reimbursement for sixty-day stay. T
HE STATE
DEPARTMENT SHALL REIMBURSE AN INSTITUTION FOR MENTAL DISEASES
, AS
DEFINED IN
42 CFR 435.1010, FOR PROVIDING INPATIENT MENTAL HEALTH
TREATMENT TO A MEMBER FOR UP TO SIXTY DAYS OR TO THE EXTENT
PERMITTED BY FEDERAL LAW
.
SECTION 4. In Colorado Revised Statutes, 27-65-106, amend
(6)(a); and add (7)(d) as follows:
27-65-106. Emergency mental health hold - screening -
court-ordered evaluation - discharge instructions - respondent's rights.
(6) (a) Each person detained for an emergency mental health hold pursuant
to this section shall receive an evaluation as soon as possible after the
person is presented to the facility and shall receive such treatment and care
as the person's condition requires for the full period that the person is held.
The evaluation may
MUST include an assessment to determine if the person
continues to meet the criteria for an emergency mental health hold and
requires further mental health care in a facility designated by the
commissioner. The evaluation must state whether the person should be
released, referred for further care and treatment on a voluntary basis, or
certified for short-term treatment pursuant to section 27-65-109.
(7) (d) A
HOSPITAL THAT IS SUBJECT TO THE FEDERAL "EMERGENCY
MEDICAL TREATMENT AND LABOR ACT", 42 U.S.C. SEC. 1395dd, SHALL
ONLY DISCHARGE A PERSON PLACED ON AN EMERGENCY MENTAL HEALTH
HOLD IF THE PERSON NO LONGER MEETS THE CRITERIA FOR AN EMERGENCY
MENTAL HEALTH HOLD
; EXCEPT THAT A HOSPITAL MAY TRANSFER THE
PERSON TO ANOTHER HOSPITAL IF THE HOSPITAL IS UNABLE TO PROVIDE THE
PAGE 4-SENATE BILL 25-042 APPROPRIATE MEDICAL OR BEHAVIORAL HEALTH CARE TO THE PERSON AND
THE RECEIVING HOSPITAL AGREES TO THE TRANSFER
.
SECTION 5. Act subject to petition - effective date. 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
PAGE 5-SENATE BILL 25-042 November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
James Rashad Coleman, Sr.
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 25-042