Amendments for HB23-1236
House Journal, March 29
15 Amend printed bill, page 6, after line 20, insert:
16
17 "SECTION 9. In Colorado Revised Statutes, 25-1.5-302, amend
18 (1) introductory portion as follows:
19 25-1.5-302. Administration of medications - powers and duties
20 of department - record checks - rules. (1) The department has, in
21 addition to all other powers and duties imposed upon it by law, the power
22 to establish and maintain by rule a program for the administration of
23 medications in facilities. The department of human services, THE
24 BEHAVIORAL HEALTH ADMINISTRATION, the department of health care
25 policy and financing, and the department of corrections shall develop and
26 conduct a medication administration program as provided in this part 3.
27 A medication administration program developed pursuant to this
28 subsection (1) must be conducted within the following guidelines:".
29
30 Renumber succeeding sections accordingly.
31
32 Page 12, line 1, strike "(7) and (13)" and substitute "(7), (11) introductory
33 portion, and (13); and repeal (11)(g)".
34
35 Page 12, line 4, strike "any and all" and substitute "any and all".
36
37 Page 12, strike line 5 and substitute "behavioral health safety net
38 providers".
39
40 Page 12, line 6, strike "27-50-301 (5), including" and substitute
41 "27-50-301 (5), including".
42
43 Page 12, after line 11 insert:
44
45 "(11) "Comprehensive community behavioral health provider"
46 means a licensed behavioral health entity OR BEHAVIORAL HEALTH
47 PROVIDER approved by the behavioral health administration to provide
48 CARE COORDINATION AND the following behavioral health safety net
49 services, either directly or through formal agreements with behavioral
50 health providers in the community or region:
51 (g) Care coordination;".
52
53 Page 12, line 14, after "provide" insert "CARE COORDINATION AND".
54
55 Page 12, strike lines 24 and 25.
56
1 Reletter succeeding paragraphs accordingly.
2
3 Page 14, lines 4 and 5, strike "NECESSARY LANGUAGE AND CULTURAL
4 BARRIERS" and substitute "LANGUAGE, ABILITY, AND CULTURAL BARRIERS,
5 AS NECESSARY,".
6
7 Page 14, after line 6 insert:
8
9 "SECTION 19. In Colorado Revised Statutes, 27-50-402, amend
10 (2) introductory portion as follows:
11 27-50-402. Behavioral health administrative services
12 organizations - application - designation - denial - revocation. (2) The
13 commissioner shall select a behavioral health administrative services
14 organization based on factors established by BHA rules and the
15 "Procurement Code", articles 101 to 112 of title 24. THE BHA SHALL
16 REQUIRE AN APPLICANT TO FURNISH LETTERS OF SUPPORT FROM
17 STAKEHOLDERS IN THE REGION THE APPLICANT IS APPLYING TO CONTRACT
18 FOR, INCLUDING, BUT NOT LIMITED TO, COUNTY COMMISSIONERS AND
19 ADVOCACY OR COMMUNITY-BASED ORGANIZATIONS. THE LETTERS OF
20 SUPPORT MUST DEMONSTRATE THE APPLICANT'S ABILITY TO SERVE THE
21 COMMUNITY. The factors for selection must include, but are not limited
22 to, the following:
23 SECTION 20. In Colorado Revised Statutes, 27-50-501, amend
24 (1)(a), (1)(b) introductory portion, and (1)(c) as follows:
25 27-50-501. Behavioral health entities - license required -
26 criminal and civil penalties. (1) (a) On and after July 1, 2024 OCTOBER
27 1, 2024, it is unlawful for any person, partnership, association, or
28 corporation to conduct or maintain a behavioral health entity, including
29 a substance use disorder program or alcohol use disorder program,
30 without having obtained a license from the BHA.
31 (b) On and after July 1, 2023 OCTOBER 1, 2023, an entity seeking
32 initial licensure as a behavioral health entity shall apply for a behavioral
33 health entity license from the BHA if the entity would previously have
34 been licensed or subject to any of the following:
35 (c) A facility with a license or approval on or before June 30,
36 2023 SEPTEMBER 30, 2023, as a behavioral health entity or a substance
37 use disorder program, shall apply for a behavioral health entity license
38 prior to the expiration of the facility's current license or approval. Such
39 a facility is subject to the standards under which it is licensed or approved
40 as of July 1, 2023 OCTOBER 1, 2023, until such time as the BHA's
41 behavioral health entity license is issued or denied.
42 SECTION 21. In Colorado Revised Statutes, 27-50-502, amend
43 (1) introductory portion as follows:
44 27-50-502. Behavioral health entities - minimum standard -
45 rules. (1) No later than April 30, 2023 JULY 31, 2023, the BHA shall
46 promulgate rules pursuant to section 24-4-103 providing minimum
47 standards for the operation of behavioral health entities within the state,
48 including the following:
49 SECTION 22. In Colorado Revised Statutes, 27-50-504, amend
50 (1)(a) as follows:
51 27-50-504. License fees - rules. (1) (a) By April 30, 2023 JULY
52 31, 2023, the commissioner shall promulgate rules establishing a schedule
53 of fees sufficient to meet the direct and indirect costs of administration
54 and enforcement of this part 5.
55 SECTION 23. In Colorado Revised Statutes, 27-50-505, amend
56 (2) as follows:
1 27-50-505. License - denial - suspension - revocation.
2 (2) (a) The BHA may suspend, revoke, or refuse to renew the license of
3 any behavioral health entity that is out of compliance with the
4 requirements of this part 5 or the rules promulgated pursuant to this part
5 5. Suspension, revocation, or refusal must not occur until after a hearing
6 and in compliance with the provisions and procedures specified in article
7 4 of title 24; EXCEPT THAT THE BHA MAY SUMMARILY SUSPEND A
8 BEHAVIORAL HEALTH ENTITY'S LICENSE BEFORE A HEARING IN
9 ACCORDANCE WITH SECTION 24-4-104 (4)(a).
10 (b) AFTER CONDUCTING A HEARING IN ACCORDANCE WITH ARTICLE
11 4 OF TITLE 24, THE BHA MAY REVOKE OR REFUSE TO RENEW A
12 BEHAVIORAL HEALTH ENTITY'S LICENSE IF THE OWNER, MANAGER, OR
13 ADMINISTRATOR OF THE BEHAVIORAL HEALTH ENTITY HAS BEEN
14 CONVICTED OF A FELONY OR MISDEMEANOR INVOLVING CONDUCT THAT
15 THE BHA DETERMINES COULD POSE A RISK TO THE HEALTH, SAFETY, OR
16 WELFARE OF THE BEHAVIORAL HEALTH ENTITY'S CONSUMERS.".
17
18 Renumber succeeding sections accordingly.
19
20 Page 14, line 8, strike "introductory portion and (3)" and substitute "and
21 (3); and add (1.3) and (1.5)".
22
23 Page 14, line 11, strike "STRUCTURE of the advisory council" and
24 substitute "of the advisory council STRUCTURE AS PART OF THE
25 BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATIONS TO
26 PROMOTE LOCAL COMMUNITY INPUT PERTAINING TO BEHAVIORAL HEALTH
27 SERVICE NEEDS. IN ESTABLISHING A REGIONAL SUBCOMMITTEE
28 STRUCTURE, THE BHA SHALL, TO THE BEST OF THE BHA'S ABILITY, ALIGN
29 GEOGRAPHICALLY WITH JUDICIAL DISTRICTS WHENEVER FEASIBLE, TAKING
30 INTO CONSIDERATION COMMUNITY FEEDBACK ON WHERE AND HOW
31 INDIVIDUALS RECEIVE SERVICES IN THEIR COMMUNITIES.".
32
33 Page 14, line 14, strike "by the commissioner" and substitute "by the
34 commissioner".
35
36 Page 14, line 15, strike "Each THE regional" and substitute "Each regional
37 THE".
38
39 Page 14, strike line 16 and substitute "NINE members. Membership".
40
41 Page 14, after line 17 insert:
42
43 "(a) At least One individual with expertise in the behavioral health
44 needs of children and youth APPOINTED BY A LOCAL OR REGIONAL PUBLIC
45 HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE'S
46 REGION;
47 (b) At least One individual who represents a behavioral health
48 safety net provider that operates within the region APPOINTED BY A LOCAL
49 OR REGIONAL PUBLIC HEALTH OR HUMAN SERVICE AGENCY WITHIN THE
50 SUBCOMMITTEE'S REGION; and
51 (c) A county commissioner of a county situated within the region
52 APPOINTED BY THE BHA;
53
1 (d) ONE INDIVIDUAL WITH A CONNECTION TO A KINDERGARTEN
2 THROUGH TWELFTH GRADE SCHOOL DISTRICT WITHIN THE
3 SUBCOMMITTEE'S REGION APPOINTED BY A LOCAL OR REGIONAL PUBLIC
4 HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE'S
5 REGION;
6 (e) ONE INDIVIDUAL WITH THE CRIMINAL JUSTICE SYSTEM WITHIN
7 THE SUBCOMMITTEE'S REGION APPOINTED BY A LOCAL OR REGIONAL
8 PUBLIC HEALTH OR HUMAN SERVICE AGENCY WITHIN THE SUBCOMMITTEE'S
9 REGION;
10 (f) ONE INDIVIDUAL WITH LIVED EXPERIENCE OR A COMMUNITY
11 MEMBER WHO IS NOT ALSO A BEHAVIORAL HEALTH PROVIDER APPOINTED
12 BY A LOCAL OR REGIONAL PUBLIC HEALTH OR HUMAN SERVICE AGENCY
13 WITHIN THE SUBCOMMITTEE'S REGION;
14 (g) ONE INDIVIDUAL WITH LIVED EXPERIENCE APPOINTED BY THE
15 BHA; AND
16 (h) TWO INDIVIDUALS WITH LIVED EXPERIENCE NOT ASSOCIATED
17 WITH A BEHAVIORAL HEALTH TREATMENT PROVIDER APPOINTED BY THE
18 BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATION CREATED
19 PURSUANT TO PART 4 OF THIS ARTICLE 50 THAT REPRESENT THE
20 SUBCOMMITTEE'S REGION.
21 (1.3) THE REGIONAL SUBCOMMITTEE IS CREATED TO DIRECTLY
22 INFORM THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE
23 ORGANIZATION IN THE REGION IN ORDER TO IMPROVE SERVICES,
24 ACCOUNTABILITY, AND TRANSPARENCY IN THE REGION. THE BEHAVIORAL
25 HEALTH ADMINISTRATIVE SERVICE ORGANIZATION SHALL STAFF ALL
26 SUBCOMMITTEE MEETINGS, WHICH SHALL MEET A MINIMUM OF SIX TIMES
27 A YEAR AND ALLOW FOR PUBLIC COMMENT DURING EACH MEETING. THE
28 BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATION SHALL
29 ENGAGE WITH THE REGIONAL SUBCOMMITTEE, AT A MINIMUM, ON THE
30 FOLLOWING AREAS:
31 (a) WHEN DETERMINING WHAT SERVICES ARE NEEDED TO
32 ESTABLISH A FULL CONTINUUM OF CARE IN THE REGION;
33 (b) WHEN ADDRESSING BARRIERS TO INDIVIDUALS ACCESSING
34 QUALITY AND TIMELY CARE IN THE REGION; AND
35 (c) NEEDED SPECIALTY SERVICES FOR PRIORITY POPULATIONS.
36 (1.5) THE BEHAVIORAL HEALTH ADMINISTRATION ADVISORY
37 COUNCIL, CREATED PURSUANT TO SECTION 27-50-701, SHALL ESTABLISH
38 A PROCESS TO RECEIVE DIRECT FEEDBACK FROM THE REGIONAL
39 SUBCOMMITTEE THROUGHOUT THE YEAR TO CONSIDER INCLUDING IN THE
40 BEHAVIORAL HEALTH ADMINISTRATION ADVISORY COUNCIL'S ANNUAL
41 REPORT REQUIRED PURSUANT TO SECTION 27-50-701 (2)(d).".
42
43 Page 14, after line 22 add:
44
45 "SECTION 25. In Colorado Revised Statutes, 27-60-105, amend
46 (2), (4)(d), (4)(e), (5), (5)(d), and (5)(e); repeal (4)(f) and (5)(f); and add
47 (4.5) and (5.5) as follows:
48 27-60-105. Outpatient restoration to competency services -
49 jail-based behavioral health services - responsible entity - duties -
50 report - legislative declaration. (2) The state department serves as a
51 central organizing structure and responsible entity for the provision of
52 competency restoration education services AND coordination of
53 competency restoration services ordered by the court pursuant to section
1 16-8.5-111 (2)(b) or 19-2.5-704 (2), and THE BEHAVIORAL HEALTH
2 ADMINISTRATION SERVES AS THE CENTRAL ORGANIZING STRUCTURE AND
3 RESPONSIBLE ENTITY FOR jail-based behavioral health services pursuant
4 to section 27-60-106.
5 (4) Beginning July 1, 2019, the state department has the following
6 duties and responsibilities, subject to available appropriations:
7 (d) To engage with key stakeholders in the juvenile and adult
8 justice systems to develop best practices in the delivery of competency
9 restoration services; AND
10 (e) To make recommendations for legislation. and
11 (f) To oversee the functions of the jail-based behavioral health
12 services program created in section 27-60-106.
13 (4.5) BEGINNING JULY 1, 2023, SUBJECT TO AVAILABLE
14 APPROPRIATIONS, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL
15 OVERSEE FUNCTIONS OF THE JAIL-BASED BEHAVIORAL HEALTH SERVICES
16 PROGRAM CREATED IN SECTION 2 27-60-106.
17 (5) Notwithstanding section 24-1-136 (11)(a)(I), on or before
18 January 1, 2019, and every January 1 thereafter, the state department shall
19 submit an annual written report to the general assembly summarizing the
20 state department's provision of competency restoration education AND its
21 efforts toward the coordination of competency restoration education with
22 other existing services and the results of the jail-based behavioral health
23 services program created in section 27-60-106. The report must include:
24 (d) A description of opportunities to maximize and increase
25 available resources and funding; AND
26 (e) A description of gaps in and conflicts with existing funding,
27 services, and programming essential to the effective restoration of
28 competency for juveniles and adults; and
29 (f) A description of the services funded through the jail-based
30 behavioral health services program created in section 27-60-106.
31 (5.5) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR
32 BEFORE JANUARY 1, 2024, AND EVERY JANUARY 1 THEREAFTER, THE
33 BEHAVIORAL HEALTH ADMINISTRATION SHALL SUBMIT AN ANNUAL
34 WRITTEN REPORT TO THE GENERAL ASSEMBLY SUMMARIZING THE RESULTS
35 OF THE JAIL-BASED BEHAVIORAL HEALTH SERVICES PROGRAM CREATED IN
36 SECTION 27-60-106. THE REPORT MUST INCLUDE A DESCRIPTION OF THE
37 SERVICES FUNDED THROUGH THE JAIL-BASED BEHAVIORAL HEALTH
38 SERVICES PROGRAM CREATED IN SECTION 27-60-106.".
39
40 Renumber succeeding sections accordingly.
41
42 Page 19, line 8, strike "qualified professional" and substitute "qualified
43 professional PROFESSIONALS,".
44
45 Page 19, line 9, strike "personnel" and substitute "personnel,".
46
47 Page 19, after line 10 insert:
48
49 "SECTION 31. In Colorado Revised Statutes, 27-71-104, amend
50 (3) as follows:
51 27-71-104. Mental health residential facilities - initial license
52 requirements - repeal. (3) On and after July 1, 2023 OCTOBER 1, 2023,
53 the behavioral health administration is responsible for licensing mental
54 health home- and community-based waiver residential facilities.".
55
56 Renumber succeeding sections accordingly.
House Journal, April 10
48 Amend printed bill, page 13, after line 25 insert:
49
50 "SECTION 17. In Colorado Revised Statutes, 27-50-301, amend
51 (1) as follows:
52 27-50-301. Behavioral health safety net system
53 implementation. (1) No later than July 1, 2024, the BHA, in
54 collaboration with the department of health care policy and financing and
55 the department of public health and environment, shall establish a
56 comprehensive and standardized behavioral health safety net system
1 throughout the state that must include behavioral health safety net
2 services for children, youth, and adults, INCLUDING ADULTS WHO HAVE A
3 SERIOUS MENTAL ILLNESS AND CHILDREN AND YOUTH WHO HAVE A
4 SERIOUS EMOTIONAL DISTURBANCE, along a continuum of care.".
5
6 Renumber succeeding sections accordingly.
7
8 Amendment No. 3, by Representative Amabile:
9
10 Amend printed bill, page 17, line 18, after "portion" and insert "and
11 (4)(a)(V)".
12
13 Page 17, after line 23 insert:
14
15 "(V) To have appropriate access to adequate water and food FOOD;
16 and to have the person's nutritional needs met in a manner that is
17 consistent with recognized dietary practices, TO THE EXTENT REASONABLY
18 POSSIBLE AT THE RECEIVING FACILITY;".
19
20 Amendment No. 4, by Representative Amabile:
21
22 Amend printed bill, page 14, after line 6 insert:
23
24 "SECTION 18. In Colorado Revised Statutes, 27-50-403, amend
25 (1)(i); and add (1)(k) as follows:
26 27-50-403. Behavioral health administrative services
27 organizations - contract requirements - individual access - care
28 coordination. (1) The BHA shall develop a contract for designated
29 behavioral health administrative services organizations, which must
30 include, but is not limited to, the following:
31 (i) Any provisions necessary to ensure the behavioral health
32 administrative services organization fulfills the functions provided in
33 subsection (2) of this section; and
34 (k) A REQUIREMENT THAT THE BEHAVIORAL HEALTH
35 ADMINISTRATIVE SERVICES ORGANIZATION PERFORM APPROPRIATE FISCAL
36 MANAGEMENT AND QUALITY OVERSIGHT OF PROVIDERS IN ITS NETWORK
37 WITHIN THE SCOPE OF THE PROVIDER'S CONTRACT, INCLUDING, BUT NOT
38 LIMITED TO, THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES
39 ORGANIZATION DIRECTLY ENGAGING IN AUDITS AND CORRECTIVE ACTION
40 PLANS WITH PROVIDERS IN ITS NETWORK TO ENSURE COMPLIANCE WITH
41 THE CONTRACT.".
42
43 Renumber succeeding sections accordingly.
44
45 Amendment No. 5, by Representative Amabile:
46
47 Amend printed bill, page 13, after line 25 insert:
48
49 "SECTION 17. In Colorado Revised Statutes, 27-50-106, amend
50 (1)(a) as follows:
51 27-50-106. Transfer of functions. (1) The powers, duties, and
52 functions previously administered by the department of public health and
53 environment concerning licensing behavioral health entities pursuant to
54 article 27.6 of title 25 shall transfer to the BHA over a period of two
55 years, with all functions fully transferred to the BHA by July 1, 2024, as
56 follows:
1 (a) The department of public health and environment shall
2 continue issuing and renewing behavioral health entity licenses until June
3 30, 2023 SEPTEMBER 30, 2023, after which date the department of public
4 health and environment shall not renew or confer any new behavioral
5 health entity licenses. Behavioral health entities that are licensed by the
6 department of public health and environment are subject to the rules and
7 orders of the department of public health and environment until such rules
8 and orders are revised, amended, repealed, or nullified. The department
9 of public health and environment shall continue compliance monitoring
10 and enforcement activities until all licenses the department of public
11 health and environment has conferred are expired, revoked, or
12 surrendered, but not after June 30, 2024.".
13
14 Renumber succeeding sections accordingly.
15
16 Amendment No. 6, by Representative Amabile:
17
18 Amend printed bill, page 14, after line 22 insert:
19
20 "SECTION 19. In Colorado Revised Statutes, 27-60-104, add
21 (6.5) as follows:
22 27-60-104. Behavioral health crisis response system - crisis
23 service facilities - walk-in centers - mobile response units - report.
24 (6.5) FOR STATE FISCAL YEAR 2023-24, THE BHA SHALL SAFEGUARD
25 PARTNERSHIPS BETWEEN COMMUNITY-BASED BEHAVIORAL HEALTH
26 PROVIDERS AND RURAL HOSPITALS BY ALLOCATING MONEY TO
27 COMMUNITY-BASED BEHAVIORAL HEALTH PROVIDERS.".
28
29 Renumber succeeding sections accordingly.
30
31 Amendment No. 7, by Representative Amabile:
32
33 Amend printed bill, page 12, strike line 18 and substitute:
34
35 "(b) BEHAVIORAL HEALTH OUTPATIENT SERVICES;".
36
37 As amended, ordered engrossed and placed on the Calendar for Third
38 Reading and Final Passage.
Senate Journal, April 27
After consideration on the merits, the Committee recommends that HB23-1236 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 6, after line 20 insert:
"SECTION 9. In Colorado Revised Statutes, 25-1.5-103, amend
(1)(a)(I)(A.5), (2)(a.3)(II), and (2)(b)(II); and add (1)(c)(III) as follows:
25-1.5-103. Health facilities - powers and duties of department -
rules - limitations on rules - definitions - repeal. (1) The department has, in
addition to all other powers and duties imposed upon it by law, the powers and
duties provided in this section as follows:
(a) (I) (A.5) Notwithstanding the provisions of subsection (1)(a)(I)(A)
of this section, after June 30, 2023 DECEMBER 31, 2023, the department shall
not issue a license to a community mental health center, an acute treatment unit,
or a behavioral health entity. Prior to the expiration of any license issued by the
department to such an entity, the entity shall apply to the behavioral health
administration pursuant to part 5 of article 50 of title 27. This subsection
(1)(a)(I)(A.5) is repealed, effective July 1, 2024 JANUARY 1, 2025.
(c) (III) THIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JANUARY 1,
2025.
(2) As used in this section, unless the context otherwise requires:
(a.3) (II) This subsection (2)(a.3) is repealed, effective July 1, 2024
JANUARY 1, 2025.
(b) (II) This subsection (2)(b) is repealed, effective July 1, 2024
JANUARY 1, 2025.".
Renumber succeeding sections accordingly.
Page 8, after line 7 insert:
"SECTION 13. In Colorado Revised Statutes, 25-27.6-108, amend (2)
as follows:
25-27.6-108. Behavioral health entity cash fund - created. (2) On
June 30, 2024 DECEMBER 31, 2024, the state treasurer shall transfer all
unexpended and unencumbered money in the fund to the behavioral health
licensing cash fund created pursuant to section 27-50-506.
SECTION 14. In Colorado Revised Statutes, amend 25-27.6-112 as
follows:
25-27.6-112. Repeal of article. This article 27.6 is repealed, effective
July 1, 2024 JANUARY 1, 2025.".
Renumber succeeding sections accordingly.
Page 12, line 12, after "amend" insert "(4),".
Page 12, after line 15 insert:
"(4) "Behavioral health entity" means a facility or provider organization
engaged in providing community-based health services, which may include
services for a behavioral health disorder but does not include residential child
care facilities, as defined in section 26-6-903 (29), detention and commitment
facilities operated by the division of youth services within the department of
human services or services provided by a licensed or certified mental
health-care provider under the provider's individual professional practice act on
the provider's own premises.".
Page 14, line 18, before "(1)(a)", insert "(1) introductory portion and".
Page 14, line 23, strike "July 1, 2024," and substitute "July 1, 2024 JANUARY
1, 2025,".
Page 15, line 9, strike "June 30, 2024." and substitute "June 30, 2024
DECEMBER 31, 2025.".
Page 15, after line 9 insert:
"SECTION 22. In Colorado Revised Statutes, 27-50-201, amend (5)
as follows:
27-50-201. Behavioral health system monitoring - capacity - safety
net performance. (5) (a) The BHA shall collaborate with the department of
health care policy and financing to establish data collection and reporting
requirements that align with the performance standards established in this
section and that are of a high value in promoting systemic improvements. In
establishing data collection and reporting requirements, the BHA must consider
the impact on behavioral health providers and clients and state information
technology systems.
(b) WHERE APPLICABLE, THE BHA SHALL COORDINATE WITH THE
HEALTH INFORMATION ORGANIZATION NETWORKS TO PRIORITIZE LEVERAGING
THE HEALTH INFORMATION ORGANIZATION NETWORK INFRASTRUCTURE TO
MEET THE REQUIREMENTS OF THIS SECTION AND TO PROMOTE THE
INTEROPERABLE EXCHANGE OF DATA TO IMPROVE THE QUALITY OF PATIENT
CARE. THE BHA SHALL COORDINATE WITH THE HEALTH INFORMATION
ORGANIZATION NETWORKS ON RELEVANT PROVISIONS OF THE UNIVERSAL
CONTRACT PURSUANT TO SECTION 27-50-203 (1)(a).".
Renumber succeeding sections accordingly.
Page 16, after line 1 insert:
"SECTION 25. In Colorado Revised Statutes, amend 27-50-401 as
follows:
27-50-401. Regional behavioral health administrative services
organizations - establishment. (1) No later than July 1, 2024 JULY 1, 2025,
the commissioner BHA shall select and contract with regionally based
INFORMED behavioral health organizations to establish, administer, and
maintain adequate networks of behavioral health safety net services and care
coordination, as described in part 3 of this article 50.
(2) The commissioner BHA shall designate regions of the state
ESTABLISH A COMMUNITY-INFORMED STRUCTURE for A behavioral health
administrative services organizations ORGANIZATION to operate. In establishing
regions THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION
STRUCTURE, the commissioner BHA shall consult with the department of health
care policy and financing to ensure consideration of the regional structure that
serves the medicaid population.".
Renumber succeeding sections accordingly.
Page 16, line 19, strike "OCTOBER" and substitute "JANUARY".
Page 16, line 24, strike "OCTOBER 1, 2023," and substitute "JANUARY 1, 2024,".
Page 17, line 2, strike "SEPTEMBER 30, 2023," and substitute "DECEMBER 31,
2023,".
Page 17, line 6, strike "OCTOBER 1, 2023," and substitute "JANUARY 1, 2024,".
Page 17, line 11, strike "JULY 31, 2023," and substitute "JANUARY 1, 2024,".
Page 17, lines 17 and 18, strike "JULY 31, 2023," and substitute "JANUARY 1,
2024,".
Page 26, after line 16 insert:
"SECTION 37. In Colorado Revised Statutes, 27-65-106, amend as
it will become effective July 1, 2023, (9)(a) introductory portion as follows:
27-65-106. Emergency mental health hold - screening -
court-ordered evaluation - discharge instructions - respondent's rights.
(9) (a) On or before July 1, 2023 JULY 1, 2024, and each July 1 thereafter, each
emergency medical services facility that has evaluated a person pursuant to this
section shall provide an annual report to the BHA that includes only
disaggregated and nonidentifying information concerning persons who were
treated at an emergency medical services facility pursuant to this section. The
report must comply with section 24-1-136 (9) and is exempt from section
24-1-136 (11)(a)(I). The report must contain the following:".
Renumber succeeding sections accordingly.
Page 33, after line 22 insert:
"SECTION 46. In Colorado Revised Statutes, recreate and reenact,
with amendments, 25-27.6-104 as follows:
25-27.6-104. License required - criminal and civil penalties - repeal.
(1) ON OR AFTER JULY 1, 2024, IT IS UNLAWFUL FOR ANY PERSON,
PARTNERSHIP, ASSOCIATION, OR CORPORATION TO CONDUCT OR MAINTAIN A
BEHAVIORAL HEALTH ENTITY, INCLUDING A SUBSTANCE USE DISORDER
PROGRAM OR ALCOHOL USE DISORDER PROGRAM, WITHOUT HAVING OBTAINED
A LICENSE FROM THE DEPARTMENT.
(2) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2023.
SECTION 47. In Session Laws of Colorado 2022, section 263 of
chapter 222, amend (1)(b) as follows:
Section 263. Effective date. (1) (b) Section 212 takes effect July 1,
2023, and sections 215 through 240 take effect July 1, 2024; EXCEPT THAT
SECTION 25-1.5-103 (1)(a)(I)(A), AS ENACTED IN SECTION 226 OF THIS ACT, AND
SECTION 228 OF THIS ACT TAKE EFFECT JANUARY 1, 2025.
SECTION 48. In Session Laws of Colorado 2022, amend section 58
of chapter 451 as follows:
Section 58. Act subject to petition - effective date. Sections 2 and 5
of this act take effect July 1, 2023 JANUARY 1, 2024, sections 27-65-108 and
27-65-111, as enacted in section 1 of this act, and sections 3 and 4 of this act
take effect July 1, 2024, 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 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 2022 and, in such case, will take effect on the
date of the official declaration of the vote thereon by the governor; except that
sections 2 and 5 of this act take effect July 1, 2023 JANUARY 1, 2024, sections
27-65-108 and 27-65-111, as enacted in section 1 of this act, and sections 3 and
4 of this act take effect July 1, 2024.".
Renumber succeeding sections accordingly.
Senate Journal, May 1
HB23-1236 by Representative(s) Young and Amabile; also Senator(s) Kolker--Concerning
implementation updates to the behavioral health administration.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, April 27, page(s) 1127-1130 and placed in members' bill files.)
Amendment No. 2(J.002), by Senator Kolker.
Amend reengrossed bill, page 33, after line 25 insert:
"SECTION 41. Appropriation - adjustments to 2023 long bill.
(1) To implement this act, appropriations made in the annual general
appropriation act for the 2023-24 state fiscal year to the department of human
services are adjusted as follows:
(a) The general fund appropriation for use by the behavioral health
administration for jail-based behavioral health services is decreased by
$2,250,400; and
(b) The general fund appropriation for use by the office of behavioral
health for the jail-based competency restoration program is increased by
$2,250,400.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "ADMINISTRATION." and substitute "ADMINISTRATION,
AND, IN CONNECTION THEREWITH MAKING AND REDUCING AN
APPROPRIATION.".
Amendment No. 3(L.031), by Senator Simpson.
Amend reengrossed bill, page 8, after line 7 insert:
"SECTION 12. In Colorado Revised Statutes, recreate and reenact,
with amendments, 25-27.6-104 as follows:
25-27.6-104. License required - repeal. (1) (a) ON OR AFTER JULY 1,
2022, IT IS UNLAWFUL FOR ANY PERSON, PARTNERSHIP, ASSOCIATION, OR
CORPORATION TO CONDUCT OR MAINTAIN A BEHAVIORAL HEALTH ENTITY
WITHOUT HAVING OBTAINED A LICENSE THEREFOR FROM THE DEPARTMENT.
(b) ON OR AFTER JULY 1, 2021, AN ENTITY SEEKING INITIAL LICENSURE
AS A BEHAVIORAL HEALTH ENTITY SHALL APPLY FOR A BEHAVIORAL HEALTH
ENTITY LICENSE IF THE ENTITY WOULD PREVIOUSLY HAVE BEEN LICENSED AS AN
ACUTE TREATMENT UNIT, A COMMUNITY MENTAL HEALTH CENTER, A
COMMUNITY MENTAL HEALTH CLINIC, OR A CRISIS STABILIZATION UNIT
LICENSED AS A COMMUNITY CLINIC.
(c) A FACILITY LICENSED AS OF JUNE 30, 2021, AS AN ACUTE
TREATMENT UNIT, A COMMUNITY MENTAL HEALTH CENTER, A COMMUNITY
MENTAL HEALTH CLINIC, OR A CRISIS STABILIZATION UNIT LICENSED AS A
COMMUNITY CLINIC SHALL APPLY FOR A BEHAVIORAL HEALTH ENTITY LICENSE
PRIOR TO THE EXPIRATION OF THE FACILITY'S CURRENT LICENSE. SUCH A
FACILITY IS SUBJECT TO THE STANDARDS UNDER WHICH IT IS LICENSED AS OF
JULY 1, 2021, UNTIL SUCH TIME AS THE BEHAVIORAL HEALTH ENTITY LICENSE
IS ISSUED.
(2) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2024.".
Renumber succeeding sections accordingly.
Amendment No. 4(L.032), by Senator Simpson.
Amend reengrossed bill, page 33, strike lines 26 and 27.
Strike page 34 and substitute:
"SECTION 41. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.".
Amendment No. 5(L.033), by Senator Kolker.
Amend reengrossed bill, page 26, line 17, after "amend" insert "(3),".
Page 26, line 18, strike "portion" and substitute "portion,".
Page 26, line 20, after "rights." insert "(3) (a) Once the person is presented to
an outpatient mental health facility or facility designated by the commissioner,
an intervening professional shall screen the person immediately. If an
intervening professional is not immediately available, the person must be
screened within eight hours after the person's arrival at the facility to determine
if the person meets criteria for an emergency mental health hold pursuant to
section 27-65-106. Once the screening is completed and if the person meets the
criteria, the intervening professional shall first pursue voluntary treatment and
evaluation. If the person refuses or the intervening professional has reasonable
grounds to believe the person will not remain voluntarily, the intervening
professional may place the person under an emergency mental health hold
pursuant to section 27-65-106.
(b) IF A PERSON DETAINED PURSUANT TO THIS SECTION IS TRANSPORTED
TO AN EMERGENCY MEDICAL SERVICES FACILITY, THE INVOLUNTARY
TRANSPORTATION HOLD EXPIRES UPON THE FACILITY RECEIVING THE PERSON
FOR SCREENING BY AN INTERVENING PROFESSIONAL.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
Senate Journal, May 2
HB23-1236 by Representative(s) Young and Amabile; also Senator(s) Kolker and Simpson--
Concerning implementation updates to the behavioral health administration, and, in
connection therewith making and reducing an appropriation.
A majority of those elected to the Senate having voted in the affirmative, Senator Kolker
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.034), by Senators Kolker and Simpson.
Amend rerevised bill, page 3, strike lines 18 through 27.
Page 4, strike lines 1 through 13.
Renumber succeeding sections accordingly.
Page 38, strike lines 18 through 26.
Renumber succeeding sections accordingly.
Page 39, lines 8 and 9, strike "Sections 2 and 5 of this take" and substitute
"Section 5 of this act takes".
Page 39, lines 10 and 11, strike "sections 3 and 4 of this act take" and substitute
"section 4 of this act takes".
Page 39, line 20, strike "sections 2 and 5 of this take" and substitute "section 5
of this act takes".
Page 39, line 22, strike "sections 3 and 4 of this act take" and substitute "section
4 of this act takes".
The amendment was passed on the following roll call vote:
YES 35 NO 0 EXCUSED 0 ABSENT 0
Baisley Y Ginal Y Marchman Y Simpson Y
Bridges Y Gonzales Y Moreno Y Smallwood Y
Buckner Y Hansen Y Mullica Y Sullivan Y
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle Y
Cutter Y Jaquez Y Pelton R. Y Will Y
Danielson Y Kirkmeyer Y Priola Y Winter F. Y
Exum Y Kolker Y Rich Y Zenzinger Y
Fields Y Liston Y Roberts Y President Y
Gardner Y Lundeen Y Rodriguez Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 27 NO 8 EXCUSED 0 ABSENT 0
Baisley N Ginal Y Marchman Y Simpson Y
Bridges Y Gonzales Y Moreno Y Smallwood N
Buckner Y Hansen Y Mullica Y Sullivan Y
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle N
Cutter Y Jaquez Y Pelton R. Y Will N
Danielson Y Kirkmeyer N Priola Y Winter F. Y
Exum Y Kolker Y Rich Y Zenzinger Y
Fields Y Liston N Roberts Y President Y
Gardner N Lundeen N Rodriguez Y