Amendments for HB23-1200
House Journal, March 22
42 Amend printed bill, page 2, strike lines 2 through 16.
43
44 Strike pages 3 through 6.
45
46 Page 7, strike lines 1 through 22 and substitute:
47
48 "SECTION 1. In Colorado Revised Statutes, add 27-50-109 as
49 follows:
50 27-50-109. Bill of rights for family and friends of persons with
51 mental and behavioral health disorders - family input form -
52 permissions. (1) (a) ON OR BEFORE JULY 1, 2024, THE BHA SHALL
53 CREATE A FAMILY INPUT PROCESS TO ALLOW A PARENT, A LEGAL OR
54 CUSTODIAL GUARDIAN OF AN INDIVIDUAL, OR A FRIEND OF THE INDIVIDUAL
55 TO PROVIDE INFORMATION OR BACKGROUND ON AN INDIVIDUAL NEEDING
1 MENTAL OR BEHAVIORAL HEALTH SERVICES. THIS INCLUDES, BUT IS NOT
2 LIMITED TO, INFORMATION ABOUT PAST HOSPITALIZATIONS, PREFERENCES,
3 DE-ESCALATION TECHNIQUES, CURRENT AND PAST PROVIDERS, CURRENT
4 AND PAST MEDICATIONS, AND ANY OTHER RELEVANT INFORMATION ABOUT
5 THE INDIVIDUAL. THE FAMILY INPUT PROCESS MUST BE IN COMPLIANCE
6 WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND
7 ACCOUNTABILITY ACT OF 1996", AND ANY OTHER RELEVANT STATE AND
8 FEDERAL STATUTES. THE FAMILY INPUT PROCESS MUST INCLUDE
9 GUIDANCE TO PROVIDERS CONCERNING HOW TO TREAT INFORMATION
10 RECEIVED FROM A PARENT, A LEGAL GUARDIAN OR CUSTODIAN OR A
11 FRIEND; DISTINGUISH BETWEEN INFORMATION ABOUT INDIVIDUALS WHO
12 ARE CURRENTLY RECEIVING SERVICES FROM THE PROVIDER AND THOSE
13 WHO ARE NOT; AND SPECIFY THAT PROVIDERS CANNOT USE THE
14 INFORMATION TO FORCE A FAMILY MEMBER INTO TREATMENT.
15 (b) TO DEVELOP THE FAMILY INPUT PROCESS, THE BHA SHALL
16 CONVENE A STAKEHOLDER GROUP COMPRISED OF MEMBERS OF THE BHA
17 ADVISORY COMMITTEE WITH LIVED EXPERIENCE; BEHAVIORAL HEALTH
18 PROVIDERS AND THEIR REPRESENTATIVES; REPRESENTATIVES OF
19 CONSUMER GROUPS; AND INDIVIDUALS WITH EXPERTISE IN STATE AND
20 FEDERAL PRIVACY LAW PLUS ANY OTHER REPRESENTATIVES THE BHA
21 DEEMS NECESSARY. THE STAKEHOLDER GROUP SHALL EXAMINE VARYING
22 SITUATIONS, INCLUDING BUT NOT LIMITED TO, POTENTIAL INTERSECTION
23 WITH THE CRIMINAL JUSTICE SYSTEM, INVOLUNTARY TREATMENT, AND
24 THOSE SITUATIONS IN WHICH A CLIENT HAS CEASED OR REFUSED CARE.".
25
26 Renumber succeeding section accordingly.