Amendments for SB21-137
Senate Journal, April 6
After consideration on the merits, the Committee recommends that SB21-137 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 4, line 7, strike "2022-23" and substitute "2023-24".
Page 4, line 8, strike "two" and substitute "two THREE".
Page 8, line 9, after "FOR" insert "THE PARENT OF".
Page 15, lines 4 and 5, strike "SEPTEMBER 1, 2021," and substitute "JANUARY
1, 2022,".
Page 16, line 2, strike "SHALL" and substitute "MAY".
Page 16, line 11, strike "PRIORITIZE" and substitute "CONSIDER".
Page 17, strike line 19 and substitute "DISORDER OR CO-OCCURRING SUBSTANCE
USE AND MENTAL HEALTH DISORDER.".
Page 17, strike line 23 and substitute "USE DISORDER OR CO-OCCURRING
SUBSTANCE USE AND MENTAL HEALTH DISORDER IN RECOVERY TO".
Page 17, strike line 27 and substitute "DISORDER OR CO-OCCURRING SUBSTANCE
USE AND MENTAL HEALTH DISORDER AND THEIR FAMILY".
Page 18, line 3, strike "AND CO-OCCURRING" and substitute "DISORDER OR
CO-OCCURRING SUBSTANCE USE AND".
Page 19, line 9, strike "2022," and substitute "2023,".
Page 21, after line 15 insert:
"SECTION 19. In Colorado Revised Statutes, 17-1-113.4, amend (2)
and (4)(b); and add (3.5) as follows:
17-1-113.4. Opioid treatment for a person in custody - definitions.
(2) (a) Qualified medication administration personnel may, in accordance with
a written physician's order, administer opioid agonists and opioid antagonists
FOR THE TREATMENT OF AN OPIOID USE DISORDER pursuant to subsection (1) of
this section.
(b) AS FUNDING AND SUPPLIES ALLOW, IF A PERSON IN CUSTODY IS
TREATED FOR AN OPIOID USE DISORDER PURSUANT TO THIS SECTION, THE
CORRECTIONAL FACILITY OR PRIVATE CONTRACT PRISON SHALL OFFER THE
PERSON, UPON RELEASE FROM THE FACILITY, AT LEAST TWO DOSES OF AN OPIOID
REVERSAL MEDICATION, IN A FORM APPROVED BY THE FEDERAL DRUG
ADMINISTRATION, AND PROVIDE EDUCATION TO THE PERSON ABOUT THE
APPROPRIATE USE OF THE MEDICATION.
(3.5) NOTHING IN THIS SECTION IMPOSES CIVIL OR CRIMINAL LIABILITY
ON A LOCAL OR STATE LAW ENFORCEMENT AGENCY OR LAW ENFORCEMENT
OFFICER WHEN ORDINARY CARE IS USED IN THE ADMINISTRATION OR PROVISION
OF AN OPIOID REVERSAL MEDICATION IN CASES WHEN AN INDIVIDUAL APPEARS
TO BE EXPERIENCING AN OPIOID OVERDOSE.
(4) As used in this section, unless the context otherwise requires:
(b) "Opioid antagonist" means naltrexone, AN OPIOID REVERSAL
MEDICATION, or any similarly acting drug USED FOR THE TREATMENT OF AN
OPIOID USE DISORDER that is not a controlled substance and that is approved by
the federal food and drug administration for the treatment of an opioid use
disorder.".
SECTION 20. In Colorado Revised Statutes, 18-18-607, amend (4) as
follows:
18-18-607. Safe stations - disposal of controlled substances -
medical evaluation - definition. (4) As used in this section, unless the context
otherwise requires, a "safe station" means any municipal police station OR
county sheriff's office. or municipal, county, or fire protection district fire
station.".
SECTION 21. In Session Laws of Colorado 2020, amend section
27-81-102 (13.8), Colorado Revised Statutes, as added by section 12 of chapter
286, as follows:
Section 12. In Colorado Revised Statutes, 27-81-102, amend (14);
amend as it exists until July 1, 2022, (1); amend as it will become effective July
1, 2022, (1); add (9.4); add with amended and relocated provisions (6.5), (9.2),
(13.6), and (13.9); add with amended and relocated provisions as it exists until
July 1, 2022, (1.2) and (13.8); and add with amended and relocated provisions
as they will become effective July 1, 2022, (1.2) and (13.8) as follows:
27-81-102. Definitions. As used in this article 81, unless the context
otherwise requires:
(13.8) [Formerly 27-82-102 (13.5) as it is effective until July 1, 2022]
"Substance use disorder" means a condition by which a person habitually uses
drugs or uses drugs to the extent that his or her health is substantially impaired
or endangered or his or her social or economic function is substantially
disrupted. Nothing in this subsection (13.5) precludes the denomination of a
person with a substance use disorder as a person under the influence of or
incapacitated by drugs. A CHRONIC RELAPSING BRAIN DISEASE, CHARACTERIZED
BY RECURRENT USE OF ALCOHOL, DRUGS, OR BOTH, CAUSING CLINICALLY
SIGNIFICANT IMPAIRMENT, INCLUDING HEALTH PROBLEMS, DISABILITY, AND
FAILURE TO MEET MAJOR RESPONSIBILITIES AT WORK, SCHOOL, OR HOME.
(13.8) [Formerly 27-82-102 (13.5) as it will become effective July 1,
2022] "Substance use disorder" means a chronic relapsing brain disease,
characterized by recurrent use of alcohol, drugs, or both, causing clinically
significant impairment, including health problems, disability, and failure to
meet major responsibilities at work, school, or home.".
Renumber succeeding sections accordingly.
Health &
Human
Services
Senate Journal, April 30
After consideration on the merits, the Committee recommends that SB21-137 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Health & Human Services Committee Report, dated April 5, 2021,
page 1, strike lines 1 and 2 and substitute:
"Amend printed bill, page 4, line 7, strike "2020-21 THROUGH 2022-23" and
substitute "2021-22 THROUGH 2023-24".".
Page 1 of the committee report, after line 3 insert:
"Page 4, line 21, strike "2022-23" and substitute "2023-24".
Page 4, line 25, strike "2023." and substitute "2024.".".
Amend printed bill, page 4, after line 3 insert:
"SECTION 3. In Colorado Revised Statutes, 23-1-104, amend
(1)(b)(II); and amend as it will become effective July 1, 2021, (1)(c) as
follows:
23-1-104. Financing the system of postsecondary education - report.
(1) (b) (II) For the 2010-11 fiscal year and for fiscal years beginning on or after
July 1, 2016, the general assembly shall also make annual appropriations of
cash funds, other than cash funds received as tuition income or as fees, as a
single line item to each governing board for the operation of its campuses. Each
governing board shall allocate said cash fund appropriations to the institutions
under its control in the manner deemed most appropriate by the governing
board; except that, if the general assembly appropriates money pursuant to
section 23-31.5-112 OR 27-80-118, that money is not included within the single
line item appropriation described in this subsection (1)(b)(II).
(c) [Editor's note: This version of subsection (1)(c) introductory
portion is effective July 1, 2021.] In addition to any appropriations made
pursuant to subsection (1)(a) or (1)(b) of this section, the general assembly may
make annual appropriations of general fund money and of money received
pursuant to a fee-for-service contract negotiated by the board of governors of
the Colorado state university system and the department of higher education, as
described in section 23-18-303 or 23-18-303.5, whichever is applicable, as
separate line items to:
(I) The Colorado state forest service described in part 3 of article 31 of
this title TITLE 23;
(II) The agricultural experiment station department of the Colorado
state university described in part 6 of article 31 of this title; and TITLE 23;
(III) The Colorado state university cooperative extension service
described in part 7 of article 31 of this title TITLE 23; AND
(IV) THE CENTER FOR RESEARCH INTO SUBSTANCE USE DISORDER
PREVENTION, TREATMENT, AND RECOVERY SUPPORT STRATEGIES CREATED IN
SECTION 27-80-118.".
Renumber succeeding sections accordingly.
Page 6 of the printed bill, strike lines 5 through 22.
Renumber succeeding sections accordingly.
Page 21 of the printed bill, strike line 22 and substitute "program.".
Page 21 of the printed bill, strike line 27 and substitute "program.".
Strike page 22 of the printed bill.
Strike page 23 of the printed bill.
Page 24 of the printed bill, strike line 1.
Page 24 of the printed bill, before line 2 insert:
"(3) For the 2021-22 state fiscal year, $5,850,000 is
appropriated to the department of human services for use by the office of
behavioral health. This appropriation is from the general fund. To implement
this act, the office may use this appropriation as follows:
(a) $4,000,000 for the housing assistance program, which amount is
based on an assumption that the office will require an additional 1.0 FTE;
(b) $1,600,000 for the recovery support services grant program, which
amount is based on an assumption that the office will require an additional 1.0
FTE;
(c) $50,000 for rural behavioral health vouchers; and
(d) $200,000 for treatment and detoxification programs for recovery
residence certification;
(4) For the 2021-22 state fiscal year, $1,900,000 is appropriated to the
department of public health and environment. This appropriation is from the
general fund. To implement this act, the department may use this appropriation
as follows:
(a) $500,000 for sexually transmitted infections, HIV and AIDS
operating expenses;
(b) $575,000 for school-based health centers;
(c) $250,000 for mental health first aid training; and
(d) $575,000 for opiate antagonist bulk purchase.
(5) For the 2021-22 state fiscal year, $690,000 is appropriated to the
department of human services for use by the office of early childhood. This
appropriation is from the general fund. To implement this act, the office may
use this appropriation for early childhood mental health services.
(6) For the 2021-22 state fiscal year, $120,000 is appropriated to the
department of law. This appropriation is from the general fund. To implement
this act, the department may use this appropriation for the office of community
engagement.
(7) For the 2021-22 state fiscal year, $4,350,000 is appropriated to the
department of higher education. This appropriation consists of $600,000 from
the general fund and $3,750,000 from the marijuana tax cash fund created in
section 39-28.8-501 (1), C.R.S. To implement this act, the department may use
this appropriation for the center for research into substance use disorder
prevention, treatment, and recovery support strategies at the university of
Colorado health sciences center.
(8) For the 2021-22 state fiscal year, $900,000 is appropriated to the
department of higher education. This appropriation is from the marijuana tax
cash fund created in section 39-28.8-501 (1), C.R.S. To implement this act, the
department may use this appropriation for allocation to the Colorado state
university cooperative extension service agrability project.
(9) For the 2021-22 state fiscal year, $112,179 is appropriated to the
department of health care policy and financing. This appropriation is from the
general fund. To implement this act, the department may use this appropriation
as follows:
(a) $33,960 for use by the executive director's office for personal
services; and
(b) $78,219 for medical services premiums, which amount is subject to
the "(M)" notation as defined in the annual general appropriations act for the
same fiscal year.
(10) For the 2021-22 state fiscal year, the general assembly anticipates
that the department of health care policy and financing will receive $112,179
in federal funds to implement this act. The appropriation in subsection (9) of
this section is based on the assumption that the department will receive this
amount of federal funds to be used as follows:
(a) $33,960 for use by the executive director's office for personal
services and which is subject to the "(I)" notation as defined in the annual
general appropriation act for the same fiscal year; and
(b) $78,219 for medical services premiums.".
Appro-
priations
Senate Journal, May 6
SB21-137 by Senator(s) Pettersen; also Representative(s) Michaelson Jenet and Kennedy--Concerning
the "Behavioral Health Recovery Act of 2021", and, in connection therewith, making an
appropriation.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, April 6, page(s) 439-441 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 30, page(s) 708-710 and placed in members' bill files.)
Amendment No. 3(L.016), by Senator Pettersen.
Amend the Health & Human Services Committee Report dated April 5, 2021,
page 1, after line 4 insert:
"Page 8, line 13, strike "ANY PERSON," and substitute "THE PARENT OF EACH
CHILD ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM,".
Page 8, line 14, strike "PERSON" and substitute "PARENT".
Page 8, line 15, strike "PERSON'S" and substitute "PARENT'S".".
Page 2 of the committee report, line 19, strike "A LOCAL OR".".
Amendment No. 4(L.020), by Senator Pettersen.
Amend printed bill, page 3, strike lines 4 and 5.
Page 4, strike lines 1 through 3 and substitute:
"SECTION 2. In Colorado Revised Statutes, 12-30-109, repeal (5) as
follows:
12-30-109. Prescribing opioids - limitations - definition - repeal.
(5) This section is repealed, effective September 1, 2021.".
Amendment No. 5(L.025), by Senator Pettersen.
Amend the Appropriations Committee Report, dated April 30, 2021, page 1,
strike lines 1 through 7.
Amend the Health & Human Services Committee Report, dated April 5, 2021,
strike lines 1 and 2 and substitute:
"Amend printed bill, page 4, strike lines 6 and 7 and substitute:
"23-21-808. Funding for pilot program. (1) (a) For the 2019-20 and
2020-21 state fiscal years YEAR 2021-22, AND EACH STATE FISCAL YEAR
THEREAFTER, the general assembly".".
Page 1 of the committee report, after line 3 insert:
"Amend printed bill, page 4, strike lines 20 and 21 and substitute "Any
unexpended or uncommitted money remaining at the end of the 2020-21 fiscal
year reverts to the marijuana tax cash fund.".
Page 4 of the printed bill, line 22, strike "amend" and substitute "repeal".
Page 4 of the printed bill, strike lines 24 and 25 and substitute:
"23-21-809. Repeal of part. This part 8 is repealed, effective June 30,
2022.".".
Amendment No. 6(L.027), by Senator Pettersen.
Amend the Appropriations Committee Report, dated April 30, 2021, page 2,
strike lines 27 and 28 and substitute:
"Page 21 of the printed bill, strike lines 18 through 27.".
Page 2 of the report, strike line 33 and substitute:
""SECTION 20. Appropriation. (1) For the 2021-22 state fiscal year,
$5,850,000 is".
Page 3 of the report, line 13, strike "(4)" and substitute "(2)" and strike
"$1,900,000" and substitute "$750,000".
Page 3 of the report, line 18, after "expenses;" insert "and".
Page 3 of the report, strike line 19.
Page 3 of the report, line 20, strike "(c)" and substitute "(b)" and strike
"training; and" and substitute "training.".
Page 3 of the report, strike line 21.
Page 3 of the report, line 22, strike "(5)" and substitute "(3)" and strike
"$690,000" and substitute "$190,000".
Page 3 of the report, strike lines 27 through 30.
Page 3 of the report, line 31, strike "(7)" and substitute "(4)" and strike
"$4,350,000" and substitute "$3,750,000".
Page 3 of the report, strike lines 32 and 33 and substitute "the department of
higher education from the marijuana tax".
Page 3 of the report, line 38, strike "(8)" and substitute "(5)".
Page 4 of the report, line 1, strike "(9)" and substitute "(6)".
Page 4 of the report, line 10, strike "(10)" and substitute "(7)".
Page 4 of the report, line 12, strike "(9)" and substitute "(6)".
Amendment No. 7(L.029), by Senator Pettersen.
Amend the Appropriations Committee Report, dated April 30, 2021, page 2,
line 33, strike "$5,850,000" and substitute "$6,050,000".
Page 3, line 10, strike "and".
Page 3, lines 11 and 12, strike "programs for recovery residence certification;"
and substitute "programs; and
(e) $200,000 for recovery residence certification.".
Amendment No. 8(L.031), by Senator Fields.
Amend printed bill, page 5, line 21, after "INDIVIDUALS." insert "RURAL
REHABILITATION SPECIALISTS SHALL BE CULTURALLY RESPONSIVE AND
TRAUMA-INFORMED.".
Page 15, line 12, strike "PRACTICES." and insert "PRACTICES, INCLUDING BEST
PRACTICES FOR PROVIDING CULTURALLY RESPONSIVE AND TRAUMA-INFORMED
CARE.".
Page 16, line 8, strike "BASED." and substitute "BASED, CULTURALLY
RESPONSIVE, AND TRAUMA-INFORMED.".
Page 19, line 8, strike "GROUPS." and substitute "GROUPS, INCLUDING THE
DELIVERY OF RECOVERY SUPPORT SERVICES BY CULTURALLY RESPONSIVE AND
TRAUMA-INFORMED PROFESSIONALS.".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, June 3
37 SB21-137 be amended as follows, and as so amended, be referred to
38 the Committee on Appropriations with favorable
39 recommendation:
40
41 Amend reengrossed bill, page 3, after line 3 insert:
42
43 "SECTION 2. Legislative declaration. (1) The general
44 assembly finds that:
45 (a) The federal government enacted the "American Rescue Plan
46 Act of 2021" to provide support to state, local, and tribal governments in
47 responding to the impact of COVID-19 and to assist their efforts to
48 contain the effects of COVID-19 on their communities, residents, and
49 businesses. Under the federal act, the state of Colorado received over
50 three billion dollars to be used for the purposes identified in the federal
51 act.
52 (b) Regulations construing the federal act promulgated by the
53 United States treasury identify a nonexclusive list of uses that address a
54 broad range of public health needs exacerbated by the pandemic. Under
55 these regulations, funds may be used for mental health and substance
56 misuse treatment; hotlines and warmlines; crisis intervention, services, or
1 outreach to promote access to health and social services; and other
2 behavioral health services.
3 (2) Therefore, the general assembly declares that the programs and
4 services funded by the federal money transferred in this bill are
5 appropriate uses of the money transferred to Colorado under the federal
6 act. This money will be put to expeditious and efficient use in expanding
7 access to evidence-based treatment for mental health and substance use
8 disorders, especially in frontier and rural communities; supporting
9 behavioral health services for pregnant and parenting women, for families
10 of young children, and for children and youth; enhancing evidence-based
11 strategies and services to prevent drug overdose deaths; mitigating the
12 impacts of the opioid crisis; and expanding access to recovery support
13 services.".
14
15 Renumber succeeding sections accordingly.
16
17 Page 3, strike line 5.
18
19 Page 4, strike lines 1 through 3.
20
21 Renumber sections accordingly.
22
23 Page 6, after line 4 insert:
24
25 "SECTION 6. In Colorado Revised Statutes, add part 9 to article
26 21 of title 23 as follows:
9 27 PART
28 REGIONAL HEALTH CONNECTOR
29 WORKFORCE PROGRAM
30 23-21-901. Regional health connector workforce program -
31 creation - school of medicine. (1) THERE IS CREATED IN THE UNIVERSITY
32 OF COLORADO SCHOOL OF MEDICINE THE REGIONAL HEALTH CONNECTOR
33 WORKFORCE PROGRAM, REFERRED TO IN THIS SECTION AS THE "PROGRAM".
34 THE PROGRAM SHALL:
35 (a) EDUCATE HEALTH-CARE PROVIDERS ON EVIDENCE-BASED AND
36 EVIDENCE-INFORMED THERAPIES AND TECHNIQUES TO ENABLE
37 HEALTH-CARE PROVIDERS TO INCORPORATE SUCH PRACTICES IN THEIR
38 WORK AND TO IMPROVE COMMUNITY HEALTH;
39 (b) PROVIDE SUPPORT AND ASSISTANCE TO PRIMARY CARE
40 PROVIDERS AS A LINK BETWEEN PRIMARY CARE SERVICES, BEHAVIORAL
41 HEALTH SERVICES, PUBLIC HEALTH SERVICES, AND COMMUNITY AGENCIES
42 TO IMPROVE COMMUNITY HEALTH AND HEALTH CARE, INCLUDING
43 ATTENTION TO BEHAVIORAL HEALTH NEEDS;
44 (c) ASSIST PRIMARY CARE PRACTICES AND COMMUNITY AGENCIES
45 IN CONNECTING PATIENTS WITH MENTAL HEALTH OR SUBSTANCE USE
46 DISORDERS TO SUPPORT AND TREATMENT OPTIONS;
47 (d) EDUCATE HEALTH-CARE PROVIDERS ABOUT PREVENTIVE
48 MEDICINE, HEALTH PROMOTION, CHRONIC DISEASE MANAGEMENT, AND
49 BEHAVIORAL HEALTH SERVICES; AND
50 (e) PROVIDE CLEAR INFORMATION TO PROVIDERS AND COMMUNITY
51 MEMBERS REGARDING COVID-19 PREVENTION, TREATMENT, AND
52 VACCINES.".
53
54 Renumber succeeding sections accordingly.
55
56 Page 7, after line 22 insert:
1 "SECTION 9. In Colorado Revised Statutes, add 25.5-5-423 as
2 follows:
3 25.5-5-423. Independent review organization - review denial
4 of residential and inpatient substance use disorder treatment claims
5 - contract. NO LATER THAN JULY 1, 2023, THE STATE DEPARTMENT SHALL
6 CONTRACT WITH ONE OR MORE INDEPENDENT REVIEW ORGANIZATIONS TO
7 CONDUCT EXTERNAL MEDICAL REVIEWS REQUESTED FOR REVIEW BY A
8 MEDICAID PROVIDER WHEN THERE IS A DENIAL OR REDUCTION FOR
9 RESIDENTIAL OR INPATIENT SUBSTANCE USE DISORDER TREATMENT AND
10 MEDICAID APPEALS PROCESSES HAVE BEEN EXHAUSTED.".
11
12 Renumber succeeding sections accordingly.
13
14 Page 7, strike lines 23 through 27.
15
16 Page 8, strike lines 1 through 22 and substitute:
17
18 "SECTION 10. In Colorado Revised Statutes, add 25.5-5-423 as
19 follows:
20 25.5-5-423. Residential and inpatient substance use disorder
21 treatment - MCE standardized utilization management process -
22 medical necessity - report. (1) ON OR BEFORE OCTOBER 1, 2021, THE
23 STATE DEPARTMENT SHALL CONSULT WITH THE OFFICE OF BEHAVIORAL
24 HEALTH IN THE DEPARTMENT OF HUMAN SERVICES, RESIDENTIAL
25 TREATMENT PROVIDERS, AND MCES TO DEVELOP STANDARDIZED
26 UTILIZATION MANAGEMENT PROCESSES TO DETERMINE MEDICAL
27 NECESSITY FOR RESIDENTIAL AND INPATIENT SUBSTANCE USE DISORDER
28 TREATMENT. THE PROCESSES MUST INCORPORATE THE MOST RECENT
29 EDITION OF "THE ASAM CRITERIA FOR ADDICTIVE, SUBSTANCE-RELATED,
30 AND CO-OCCURRING CONDITIONS" AND ALIGN WITH FEDERAL MEDICAID
31 PAYMENT REQUIREMENTS.
32 (2) ON OR BEFORE JANUARY 1, 2022, THE STATE DEPARTMENT
33 SHALL INCORPORATE THE STANDARDS DEVELOPED PURSUANT TO
34 SUBSECTION (1) OF THIS SECTION INTO EXISTING MCE CONTRACTS, AND
35 EACH MCE SHALL ADHERE TO THE STANDARDS WHEN CONDUCTING
36 UTILIZATION MANAGEMENT FOR RESIDENTIAL AND INPATIENT SUBSTANCE
37 USE DISORDER TREATMENT.
38 (3) ON OR BEFORE JANUARY 1, 2022, EACH MCE'S NOTICE OF AN
39 ADVERSE BENEFIT DETERMINATION MUST DEMONSTRATE HOW EACH
40 DIMENSION OF THE MOST RECENT EDITION OF "THE ASAM CRITERIA FOR
41 ADDICTIVE, SUBSTANCE-RELATED, AND CO-OCCURRING CONDITIONS"
42 WAS CONSIDERED WHEN DETERMINING MEDICAL NECESSITY.
43 (4) (a) BEGINNING OCTOBER 1, 2021, AND QUARTERLY
44 THEREAFTER, THE STATE DEPARTMENT SHALL COLLABORATE WITH THE
45 OFFICE OF BEHAVIORAL HEALTH IN THE DEPARTMENT OF HUMAN SERVICES,
46 RESIDENTIAL TREATMENT PROVIDERS, AND MCES TO DEVELOP A REPORT
47 ON THE RESIDENTIAL AND INPATIENT SUBSTANCE USE DISORDER
48 UTILIZATION MANAGEMENT STATISTICS. AT A MINIMUM, THE REPORT MUST
49 INCLUDE:
50 (I) THE AVERAGE LENGTH OF AN INITIAL AUTHORIZATION AND THE
51 AVERAGE LENGTH OF CONTINUED AUTHORIZATIONS FOR EACH MCE AND
52 PROVIDER DISAGGREGATED BY LEVEL OF RESIDENTIAL CARE;
53 (II) DENIALS OF INITIAL AUTHORIZATIONS REPORTED FOR EACH
54 MCE AND PROVIDER AND THE REASONS FOR THE DENIALS; AND
55
1 (III) THE AVERAGE RESPONSE TIME FOR AN INITIAL
2 AUTHORIZATION AND CONTINUED AUTHORIZATION, DISAGGREGATED BY
3 EACH MCE; LEVEL OF RESIDENTIAL CARE, INCLUDING THE PERCENTAGE OF
4 EXTENSIONS GRANTED TO HEALTH-CARE PROVIDERS TO SUBMIT COMPLETE
5 CLINICAL DOCUMENTATION; RETROACTIVE AUTHORIZATION REQUESTS;
6 INCOMPLETE AUTHORIZATION REQUESTS; AND THE NUMBER OF REQUESTS
7 THAT MET AND DID NOT MEET THE STATE DEPARTMENT'S RESPONSE TIME
8 REQUIREMENTS.
9 (b) THE STATE DEPARTMENT SHALL MAKE THE REPORT DEVELOPED
10 PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION PUBLICLY AVAILABLE
11 ON THE STATE DEPARTMENT'S WEBSITE.
12 (c) ANY INFORMATION REQUIRED TO BE REPORTED PURSUANT TO
13 SUBSECTION (4)(a) OF THIS SECTION MAY BE AGGREGATED AS NECESSARY
14 TO ENSURE CONFIDENTIALLY PURSUANT TO 42 CFR PART 2.
15 SECTION 11. In Colorado Revised Statutes, add 25.5-5-424 as
16 follows:
17 25.5-5-424. Audit of MCE denials for residential and inpatient
18 substance use disorder treatment authorization - report. (1) NO
19 LATER THAN JULY 1, 2022, THE STATE DEPARTMENT SHALL CONTRACT
20 WITH AN INDEPENDENT THIRD-PARTY VENDOR TO AUDIT THIRTY-THREE
21 PERCENT OF ALL DENIALS OF AUTHORIZATION FOR INPATIENT AND
22 RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT FOR EACH MCE.
1 23 (2) BEGINNING DECEMBER 1, 2022, AND EACH DECEMBER
24 THEREAFTER, THE STATE DEPARTMENT SHALL SUBMIT THE RESULTS OF THE
25 AUDIT CONDUCTED PURSUANT TO SUBSECTION (1) OF THIS SECTION AND
26 ANY RECOMMENDED CHANGES TO THE RESIDENTIAL AND INPATIENT
27 SUBSTANCE USE DISORDER BENEFIT TO THE HOUSE OF REPRESENTATIVES
28 HEALTH AND INSURANCE COMMITTEE, THE HOUSE OF REPRESENTATIVES
29 PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE, THE
30 SENATE HEALTH AND HUMAN SERVICES COMMITTEE, OR THEIR SUCCESSOR
31 COMMITTEES, AND THE JOINT BUDGET COMMITTEE.".
32
33 Renumber succeeding sections accordingly.
34
35 Page 8, line 26, strike "PARENT" and substitute "CAREGIVER".
36
37 Page 9, line 4, strike "PARENT" and substitute "CAREGIVER".
38
39 Page 9, line 6, strike "PARENT" and substitute "CAREGIVER".
40
41 Page 9, line 7, strike "PARENT'S" and substitute "CAREGIVER'S".
42
43 Page 12, after line 7 insert:
44
45 "SECTION 15. In Colorado Revised Statutes, add 27-60-108 as
46 follows:
47 27-60-108. County-based behavioral health grant program -
48 created - rules - report - repeal. (1) THERE IS CREATED IN THE OFFICE
49 THE COUNTY-BASED BEHAVIORAL HEALTH GRANT PROGRAM, REFERRED TO
50 IN THIS SECTION AS THE "GRANT PROGRAM", TO PROVIDE MATCHING
51 GRANTS TO COUNTY DEPARTMENTS OF HUMAN OR SOCIAL SERVICES FOR
52 THE EXPANSION OR IMPROVEMENT OF LOCAL OR REGIONAL BEHAVIORAL
53 HEALTH DISORDER TREATMENT PROGRAMS.
54 (2) GRANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH
55 THE GRANT PROGRAM FOR THE FOLLOWING PURPOSES:
56 (a) PEER TRAINING;
1 (b) AUGMENTATION OF DIRECT THERAPY;
2 (c) ACUTE TREATMENT UNITS;
3 (d) INPATIENT TREATMENT PROGRAMS;
4 (e) OUTREACH AND EDUCATION;
5 (f) NAVIGATION OR CARE COORDINATION;
6 (g) CAPITAL INVESTMENTS IN BEHAVIORAL HEALTH CENTER
7 INFRASTRUCTURE;
8 (h) SERVICES FOR NON-ENGLISH-SPEAKING INDIVIDUALS;
9 (i) CULTURALLY RESPONSIVE AND ATTUNED SERVICES;
10 (j) SUICIDE PREVENTION AND INTERVENTION;
11 (k) CRISIS RESPONSE;
12 (l) WITHDRAWAL MANAGEMENT;
13 (m) WORKFORCE DEVELOPMENT;
14 (n) SUPPORTING REGIONAL SERVICE DELIVERY; OR
15 (o) ANY OTHER PURPOSE THE OFFICE IDENTIFIES THAT WILL
16 EXPAND OR IMPROVE LOCAL OR REGIONAL BEHAVIORAL HEALTH DISORDER
17 TREATMENT PROGRAMS.
18 (3) THE OFFICE SHALL ADMINISTER THE GRANT PROGRAM AND
19 SHALL AWARD GRANTS AS PROVIDED IN THIS SECTION.
20 (4) THE OFFICE SHALL IMPLEMENT THE GRANT PROGRAM IN
21 ACCORDANCE WITH THIS SECTION. AT A MINIMUM, THE OFFICE SHALL
22 SPECIFY THE TIME FRAMES FOR APPLYING FOR GRANTS, THE FORM OF THE
23 GRANT PROGRAM APPLICATION, AND THE TIME FRAMES FOR DISTRIBUTING
24 GRANT MONEY.
25 (5) (a) EACH GRANT APPLICANT SHALL DEMONSTRATE:
26 (I) A DEDICATION OF LOCAL FUNDING TO SUPPORT THE EXPANSION
27 OR IMPROVEMENT OF LOCAL BEHAVIORAL HEALTH DISORDER TREATMENT
28 PROGRAMS, WHICH MAY BE FROM THE COUNTY'S LOCAL SHARE OF THE
29 FEDERAL "AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE
30 ACT MAY BE SUBSEQUENTLY AMENDED, OR OTHER LOCAL REVENUE
31 SOURCES; OR
32 (II) A PLAN FOR REGIONAL COLLABORATION BETWEEN NO FEWER
33 THAN THREE COUNTIES TO SUPPORT THE EXPANSION OR IMPROVEMENT OF
34 REGIONAL BEHAVIORAL HEALTH DISORDER TREATMENT PROGRAMS.
35 (b) NO SINGLE GRANT AWARDED MAY EXCEED ONE MILLION
36 DOLLARS, UNLESS A GRANT IS AWARDED FOR A REGIONAL EFFORT
37 INVOLVING TWO OR MORE COUNTIES.
38 (c) A DIRECT SERVICE PROVIDER THAT RECEIVES A GRANT SHALL
39 LIMIT ANY INDIRECT EXPENSES TO NO MORE THAN TEN PERCENT OF THE
40 TOTAL STATE MONEY AWARDED, AND ANY ENTITY THAT RECEIVES A
41 GRANT AND OVERSEES A DIRECT SERVICE PROVIDER SHALL LIMIT THE
42 ENTITY'S INDIRECT EXPENSES TO NO MORE THAN FIVE PERCENT OF THE
43 TOTAL STATE MONEY AWARDED.
44 (d) IF ANY GRANT MONEY IS USED FOR CAPITAL PROJECTS, THE
45 GRANT RECIPIENT SHALL DEMONSTRATE A COMMITMENT TO CONTINUE
46 THOSE SERVICES PAST THE GRANT CYCLE FOR AT LEAST AN ADDITIONAL
47 FIVE YEARS.
48 (e) A GRANT APPLICANT SHALL DISCLOSE IF ANY PROJECT OR
49 PROGRAM IS RECEIVING MONEY FROM ANOTHER PAYER SOURCE,
50 INCLUDING BUT NOT LIMITED TO PRIVATE DOLLARS, COUNTY DOLLARS,
51 STATE BLOCK GRANTS, OR MONEY AWARDED BY A MANAGED SERVICE
52 ORGANIZATION.
53 (6) TO RECEIVE A GRANT, A COUNTY DEPARTMENT OF HUMAN OR
54 SOCIAL SERVICES SHALL SUBMIT AN APPLICATION TO THE OFFICE. THE
55 OFFICE SHALL GIVE PRIORITY TO APPLICATIONS THAT DEMONSTRATE
56 INNOVATION AND COLLABORATION OR INCLUDE RURAL OR FRONTIER
1 COMMUNITIES; ADDRESS A DEMONSTRATED NEED, AS IDENTIFIED BY
2 COMMUNITY INPUT AND LOCAL PLANNING EFFORTS; AND DEMONSTRATE
3 THE ABILITY TO RAPIDLY DISTRIBUTE THE GRANT MONEY INTO THE
4 COMMUNITY. THE OFFICE SHALL AWARD GRANT MONEY EQUITABLY TO
5 REFLECT THE GEOGRAPHIC DIVERSITY OF THE STATE.
6 (7) SUBJECT TO AVAILABLE APPROPRIATIONS, BEGINNING JANUARY
7 1, 2022, AND ON OR BEFORE JANUARY 1 EACH YEAR THEREAFTER FOR THE
8 DURATION OF THE GRANT PROGRAM, THE OFFICE SHALL AWARD GRANTS
9 AS PROVIDED IN THIS SECTION. THE OFFICE SHALL DISTRIBUTE THE GRANT
10 MONEY WITHIN NINETY DAYS AFTER THE OFFICE AWARDS THE GRANTS.
11 (8) (a) ON OR BEFORE FEBRUARY 1, 2023, AND ON OR BEFORE
12 FEBRUARY 1 EACH YEAR THEREAFTER FOR THE DURATION OF THE GRANT
13 PROGRAM, EACH COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES
14 THAT RECEIVES A GRANT THROUGH THE GRANT PROGRAM SHALL SUBMIT
15 A REPORT TO THE OFFICE ON THE USE OF THE GRANT MONEY RECEIVED
16 PURSUANT TO THIS SECTION, INCLUDING THE TOTAL NUMBER OF
17 INDIVIDUALS SERVED, DISAGGREGATED BY RACE, ETHNICITY, AND AGE.
1 18 (b) ON OR BEFORE APRIL 1, 2023, AND ON OR BEFORE APRIL
19 EACH YEAR THEREAFTER FOR THE DURATION OF THE GRANT PROGRAM,
20 THE STATE DEPARTMENT SHALL SUBMIT A SUMMARIZED REPORT OF THE
21 INFORMATION RECEIVED PURSUANT TO SUBSECTION (8)(a) OF THIS
22 SECTION TO THE JOINT BUDGET COMMITTEE, THE HEALTH AND INSURANCE
23 COMMITTEE AND THE PUBLIC AND BEHAVIORAL HEALTH AND HUMAN
24 SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES, AND THE
25 HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE, OR ANY
26 SUCCESSOR COMMITTEES, ON THE GRANT PROGRAM.
27 (9) FOR THE 2021-22 STATE FISCAL YEAR, THE GENERAL
28 ASSEMBLY SHALL APPROPRIATE TEN MILLION DOLLARS FROM THE
29 BEHAVIORAL AND MENTAL HEALTH CASH FUND CREATED IN SECTION
30 24-75- 230 TO THE DEPARTMENT OF HUMAN SERVICES FOR USE BY THE
31 OFFICE FOR THE PURPOSES OF THIS SECTION. IF ANY UNEXPENDED OR
32 UNENCUMBERED MONEY REMAINS AT THE END OF THE FISCAL YEAR, THE
33 OFFICE MAY EXPEND THE MONEY FOR THE SAME PURPOSES IN THE NEXT
34 FISCAL YEAR WITHOUT FURTHER APPROPRIATION.
35 (10) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
36 SECTION 16. In Colorado Revised Statutes, add 27-60-108 as
37 follows:
38 27-60-109. Behavioral health-care workforce development
39 program - creation - rules - report. (1) THERE IS CREATED IN THE
40 OFFICE THE BEHAVIORAL HEALTH-CARE WORKFORCE DEVELOPMENT
41 PROGRAM, REFERRED TO IN THIS SECTION AS THE "PROGRAM". THE
42 PURPOSE OF THE PROGRAM IS TO INCREASE THE BEHAVIORAL
43 HEALTH-CARE WORKFORCE'S ABILITY TO TREAT INDIVIDUALS, INCLUDING
44 YOUTH, WITH SEVERE BEHAVIORAL HEALTH DISORDERS.
45 (2) TO IMPLEMENT THE PROGRAM, THE OFFICE SHALL:
46 (a) DEVELOP AN ONLINE TRAINING SYSTEM THAT ALLOWS FOR
47 ACCESSIBLE STATEWIDE TRAINING OPPORTUNITIES;
48 (b) DEVELOP AN ONLINE TRAINING CURRICULUM FOR PROVIDERS
49 IN RURAL AND METRO AREAS TO INCREASE COMPETENCIES IN MENTAL
50 HEALTH AND SUBSTANCE USE DISORDERS THAT WILL SUPPORT A
51 HIGH-QUALITY, TRAINED, CULTURALLY RESPONSIVE, AND DIVERSE
52 BEHAVIORAL HEALTH-CARE WORKFORCE;
53 (c) PROVIDE FISCAL INCENTIVES FOR LOWER INCOME INDIVIDUALS
54 TO OBTAIN A DEGREE IN BEHAVIORAL HEALTH, WITH FUNDING
55 SPECIFICALLY TARGETED FOR RURAL AREAS OF THE STATE;
56
1 (d) PROVIDE TRAINING TO THE EXISTING BEHAVIORAL
2 HEALTH-CARE WORKFORCE TO BE CERTIFIED IN FEDERALLY REIMBURSED
3 SERVICES; AND
4 (e) PROVIDE CAPACITY-BUILDING GRANTS TO DIVERSITY THE
5 SAFETY-NET PROVIDER WORKFORCE AND MEET THE REQUIREMENTS OF
6 SECTION 27-63-103.
7 (3) THE STATE DEPARTMENT MAY PROMULGATE RULES AS
8 NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
9 (4) FOR THE STATE FISCAL YEAR 2021-22 AND EACH STATE FISCAL
10 YEAR THEREAFTER FOR WHICH THE PROGRAM RECEIVES FUNDING, THE
11 STATE DEPARTMENT SHALL REPORT A SUMMARY OF THE EXPENDITURES
12 FROM THE PROGRAM, THE IMPACT OF THE EXPENDITURES IN INCREASING
13 T H E B E H A V IO R A L H E A LT H -C A RE WO R KFORCE , AND ANY
14 RECOMMENDATIONS TO STRENGTHEN AND IMPROVE THE BEHAVIORAL
15 HEALTH-CARE WORKFORCE AS PART OF ITS ANNUAL PRESENTATION TO THE
16 GENERAL ASSEMBLY REQUIRED UNDER THE "STATE MEASUREMENT FOR
17 ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)
18 GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
19 SECTION 17. In Colorado Revised Statutes, 27-60-202, as
20 added by House Bill 21-1097, add (2.5) as follows:
21 27-60-202. Definitions. As used in this part 2, unless the context
22 otherwise requires:
23 (2.5) "CARE COORDINATION" MEANS SERVICES THAT SUPPORT
24 INDIVIDUALS AND FAMILIES AND INITIATE CARE AND NAVIGATING CRISIS
25 SUPPORTS, MENTAL HEALTH AND SUBSTANCE USE DISORDER ASSISTANCE,
26 AND SERVICES THAT ADDRESS THE SOCIAL DETERMINANTS OF HEALTH,
27 AND PREVENTIVE CARE SERVICES.
60 28 SECTION 18. In Colorado Revised Statutes, part 2 of article
29 of title 27, as added by House Bill 21-1097, add 27-60-204 as follows:
30 27-60-204. Care coordination infrastructure. (1) (a) THE STATE
31 DEPARTMENT, IN COLLABORATION WITH THE DEPARTMENT OF HEALTH
32 CARE POLICY AND FINANCING, SHALL DEVELOP A STATEWIDE CARE
33 COORDINATION INFRASTRUCTURE TO DRIVE ACCOUNTABILITY AND MORE
34 EFFECTIVE BEHAVIORAL HEALTH NAVIGATION TO CARE THAT BUILDS UPON
35 AND COLLABORATES WITH EXISTING CARE COORDINATION SERVICES. THE
36 INFRASTRUCTURE MUST INCLUDE A WEBSITE AND MOBILE APPLICATION
37 THAT SERVES AS A CENTRALIZED GATEWAY FOR INFORMATION FOR
38 PATIENTS, PROVIDERS, AND CARE COORDINATION AND THAT FACILITIES
39 ACCESS AND NAVIGATION OF BEHAVIORAL HEALTH-CARE SERVICES AND
40 SUPPORT.
41 (b) THE STATE DEPARTMENT SHALL CONVENE A WORKING GROUP
42 OF GEOGRAPHICALLY AND DEMOGRAPHICALLY DIVERSE PARTNERS AND
43 STAKEHOLDERS, INCLUDING THOSE WITH LIVED AND PROFESSIONAL
44 EXPERIENCE, TO PROVIDE FEEDBACK AND RECOMMENDATIONS THAT
45 INFORM AND GUIDE THE DEVELOPMENT OF THE STATEWIDE CARE
46 COORDINATION INFRASTRUCTURE DEVELOPED PURSUANT TO SUBSECTION
47 (1)(a) OF THIS SECTION.
48 (c) THE EXTENT TO WHICH MEDICAID AND PRIVATE INSURANCE
49 EXISTING CARE COORDINATION SERVICES ARE ALIGNED WITH THE
50 STATEWIDE CARE COORDINATION INFRASTRUCTURE DESCRIBED IN
51 SUBSECTION (1)(a) OF THIS SECTION SHALL BE DETERMINED BY THE
52 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, THE DIVISION OF
53 INSURANCE IN THE DEPARTMENT OF REGULATORY AGENCIES, AND THE
54 WORKING GROUP CREATED PURSUANT TO SUBSECTION (1)(b) OF THIS
55 SECTION.
56
1 (d) THE STATE DEPARTMENT SHALL IMPLEMENT, DIRECTLY OR
2 THROUGH A CONTRACTOR, A COMPREHENSIVE AND ROBUST MARKETING
3 AND OUTREACH PLAN TO MAKE COLORADANS AWARE OF THE WEBSITE
4 AND MOBILE APPLICATION AND ASSOCIATED CARE COORDINATION
5 SERVICES DEVELOPED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION.
6 (2) ON OR BEFORE JULY 1, 2022, THE STATEWIDE CARE
7 COORDINATION INFRASTRUCTURE DEVELOPED PURSUANT TO SUBSECTION
8 (1)(a) OF THIS SECTION IS THE RESPONSIBILITY OF THE BEHAVIORAL
9 HEALTH ADMINISTRATION ESTABLISHED IN SECTION 27-60-203.".
10
11 Renumber succeeding sections accordingly.
12
13 Page 12, line 9, strike "and amend (5)" and substitute "amend (5)(b); and
14 add (4)(d)".
15
16 Page 12, line 12, strike "(4) (c) FOR THE 2021-22" and substitute:
17
18 "(4) (c) THE CENTER SHALL ENGAGE IN COMMUNITY ENGAGEMENT
19 ACTIVITIES TO ADDRESS SUBSTANCE USE PREVENTION, HARM REDUCTION,
20 CRIMINAL JUSTICE SYSTEM RESPONSE, TREATMENT, AND RECOVERY.
21 (d) FOR THE 2021-22".
22
23 Page 12, line 17, strike "(a) The center shall develop and implement a
24 program to".
25
26 Page 12, strike likes 18 through 23.
27
28 Page 21, after line 11 insert:
29
30 "SECTION 24. In Colorado Revised Statutes, 27-80-303, amend
31 (1)(b), (1)(c), (2), (3)(e) and (3)(f); and add (3)(g) as follows:
32 27-80-303. Office of ombudsman for behavioral health access
33 to care - creation - appointment of ombudsman - duties. (1) (b) The
34 office and the department shall operate pursuant to a memorandum of
35 understanding between the two entities. The memorandum of
36 understanding contains, at a minimum:
37 (I) A requirement that the office has its own personnel rules;
38 (II) A requirement that the ombudsman has independent hiring
39 and termination authority over office employees;
40 (III) A requirement that the office must follow state fiscal rules;
41 (IV) A requirement that The office of behavioral health shall offer
42 the office limited support with respect to:
43 (A) (I) Personnel matters;
44 (B) (II) Recruitment;
45 (C) (III) Payroll;
46 (D) (IV) Benefits;
47 (E) (V) Budget submission, as needed;
48 (F) (VI) Accounting; and
49 (G) (VII) Office space, facilities, and technical support; and
50 (V) (VIII) Any other provisions regarding Administrative support
51 that will help maintain the independence of the office.
52 (c) The office shall operate OPERATES with full independence and
53 has complete autonomy, control, and authority over operations, budget,
54 and personnel decisions related to the office and the ombudsman,
55 SUBJECT TO STATE PERSONNEL AND FISCAL RULES. THE OFFICE MAY SEEK,
56 ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS FOR THE PURPOSE OF
1 OPERATING THE OFFICE. THE DEPARTMENT MAY, BUT IS NOT REQUIRED TO,
2 PROVIDE FUNDING TO THE OFFICE.
3 (2) By November 1, 2018, the governor shall designate an
4 ombudsman for behavioral health access to care, who shall serve as
5 director of the office. The ombudsman shall serve as a neutral party to
6 help consumers, including consumers who are uninsured or have public
7 or private health benefit coverage, including coverage that is not subject
8 to state regulation, and health-care providers, acting on their own behalf,
9 on behalf of a consumer with the consumer's written permission, or on
10 behalf of a group of health-care providers, navigate and resolve issues
11 related to AND ENSURE COMPLIANCE REGARDING consumer access to
12 behavioral health care, including care for mental health conditions and
13 substance use disorders.
14 (3) The ombudsman shall:
15 (e) Develop appropriate points of contact for referrals to other
16 state and federal agencies; and
17 (f) Provide appropriate information to help consumers or
18 health-care providers file appeals or complaints with the appropriate
19 entities, including insurers and other state and federal agencies; AND
20 (g) BE THE APPOINTING AUTHORITY FOR ANY EMPLOYEES THE
21 OFFICE MAY CHOOSE TO HIRE. ANY SUCH EMPLOYEES ARE STATE
22 EMPLOYEES SUBJECT TO THE STATE PERSONNEL SYSTEM.".
23
24 Renumber succeeding sections accordingly.
25
26 Page 23, after line 17 insert:
27
28 "SECTION 29. In Colorado Revised Statutes, 10-22.3-101,
29 amend (1)(b), (2)(h), (2)(i), and (3) as follows:
30 10-22.3-101. Opioid and other substance use disorders study
31 committee - creation - members - purposes. (1) (b) The speaker of the
32 house of representatives shall appoint the chair of the committee in the
33 2023 interim and the vice-chair in the 2021 2022 interim, and the
34 president of the senate shall appoint the chair of the committee in the
35 2021 2022 interim and the vice-chair in the 2023 interim.
36 (2) The committee shall:
37 (h) During the 2021 2022 interim, study the relationship between
38 mental health conditions and substance use disorders and examine
39 treatment modalities that best serve individuals with co-occurring mental
40 health conditions and substance use disorders, including the benefits of
41 integrated services; and
42 (i) During the 2021 2022 interim, study the impact of COVID-19,
43 the coronavirus disease caused by the severe acute respiratory syndrome
44 coronavirus 2, also known as SARS-CoV-2, on the provision of
45 prevention, harm reduction, treatment and recovery support services, and
46 related behavioral health services, including the impact related to the
47 opioid crisis and drug overdoses, and prepare legislative
48 recommendations for the general assembly for addressing the impacts.
2023 49 (3) (a) The committee may meet in the 2021 2022 and
50 interims up to six times per interim. The committee may recommend up
51 to a total of five bills during each interim. Legislation recommended by
52 the committee must be treated as legislation recommended by an interim
53 committee for purposes of applicable deadlines, bill introduction limits,
54 and any other requirements imposed by the joint rules of the general
55 assembly.
56
1 (b) By December 1, 2021 DECEMBER 1, 2022, and December 1,
2 2023, the committee shall make a report and a final report, respectively,
3 to the legislative council created in section 2-3-301 that may include
4 recommendations for legislation.
5 SECTION 30. In Colorado Revised Statutes, add part 9 to article
6 21 of title 23 as follows:
10 7 PART
8 MEDICATION FOR OPIOID USE DISORDER
9 23-21-1001. Medication for opioid use disorder - consultation
10 - stipends - school of medicine duties - legislative declaration - repeal.
11 (1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
12 (a) MANY HEALTH-CARE PROVIDERS WHO HAVE COMPLETED THE
13 TRAINING REQUIRED BY THE FEDERAL DRUG ENFORCEMENT AGENCY AND
14 ARE ELIGIBLE TO PROVIDE MEDICATION FOR OPIOID USE DISORDER ARE NOT
15 ACTIVELY PROVIDING MEDICATION FOR OPIOID USE DISORDER TO PATIENTS
16 WHO WOULD BENEFIT FROM THIS MEDICAL SERVICE; AND
17 (b) PRACTICE CONSULTATION SERVICES CONSISTING OF FOLLOW-UP
18 TRAINING AND SUPPORT, INCLUDING STIPENDS, CAN INCREASE THE
19 NUMBER OF HEALTH-CARE PROVIDERS WHO PRESCRIBE MEDICATION FOR
20 OPIOID USE DISORDER AND THE NUMBER OF PATIENTS RECEIVING
21 MEDICATION FOR OPIOID USE DISORDER.
22 (2) THE UNIVERSITY OF COLORADO SCHOOL OF MEDICINE SHALL:
23 (a) PROVIDE PRACTICE CONSULTATION SERVICES TO HEALTH-CARE
24 PROVIDERS WHO ARE ELIGIBLE TO PROVIDE MEDICATION FOR OPIOID USE
25 DISORDER. PRACTICE CONSULTATION SERVICES MUST INCLUDE:
26 (I) STAFF TRAINING AND WORKFLOW ENHANCEMENT TO
27 ENCOURAGE SCREENING FOR OPIOID USE DISORDER AND EDUCATIONAL
28 MATERIALS FOR PATIENTS WHO SCREEN POSITIVE FOR OPIOID USE
29 DISORDER;
30 (II) SUPPORTING THE ADOPTION OF COMMUNICATION STRATEGIES
31 THAT PROVIDE INFORMATION TO PATIENTS AND REFERRAL SOURCES,
32 INCLUDING BUT NOT LIMITED TO EMERGENCY DEPARTMENTS, EMERGENCY
33 MEDICAL SERVICE PROVIDERS, HOSPITALS, SHERIFFS DEPARTMENTS, HARM
34 REDUCTION ORGANIZATIONS, AND FAITH-BASED ORGANIZATIONS; AND
35 (III) PROVIDING ACCESS TO MARKETING MATERIALS DESIGNED FOR
36 PATIENTS AND DEVELOPED WITH PATIENT AND PRACTITIONER INPUT.
37 (b) PROVIDE STIPENDS TO HEALTH-CARE PROVIDERS WHO ARE
38 ELIGIBLE TO PROVIDE MEDICATION FOR OPIOID USE DISORDER AND WHO
39 HAVE ACHIEVED CERTAIN BENCHMARKS KNOWN TO LEAD TO AN
40 INCREASED NUMBER OF PATIENTS BEING MANAGED BY MEDICATION FOR
41 OPIOID USE DISORDER. AT A MINIMUM, THE BENCHMARKS MUST INCLUDE:
42 (I) STAFF TRAINING AND WORKFLOW ENHANCEMENT TO
43 ENCOURAGE SCREENING AND MEDICATION FOR OPIOID USE DISORDER
44 INDUCTION FOR PATIENTS WHO SCREEN POSITIVE FOR OPIOID USE
45 DISORDER;
46 (II) ADOPTION OF MARKETING AND COMMUNICATION STRATEGIES;
47 AND
48 (III) DOCUMENTATION OF HAVING PROVIDED MEDICATION FOR
49 OPIOID USE DISORDER TO AT LEAST TEN PATIENTS WITHIN A
50 TWELVE-MONTH PERIOD.
51 (3) (a) FOR THE 2021-22 STATE FISCAL YEAR, THE GENERAL
52 ASSEMBLY SHALL APPROPRIATE SIX HUNDRED THIRTY THOUSAND DOLLARS
53 FROM THE BEHAVIORAL AND MENTAL HEALTH CASH FUND CREATED IN
54 SECTION 24-75-226 TO THE BOARD OF REGENTS OF THE UNIVERSITY OF
55 COLORADO FOR THE IMPLEMENTATION OF THIS SECTION. IF ANY
56 UNEXPENDED OR UNENCUMBERED MONEY REMAINS AT THE END OF THE
1 FISCAL YEAR, THE BOARD OF REGENTS OF THE UNIVERSITY OF COLORADO
2 MAY EXPEND THE MONEY FOR THE SAME PURPOSES IN THE NEXT FISCAL
3 YEAR WITHOUT FURTHER APPROPRIATION.
4 (b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.
5 SECTION 31. In Colorado Revised Statutes, add 24-75-230 as
6 follows:
7 24-75- 230. Behavioral and mental health cash fund - creation
8 - allowable uses - task force - definitions - repeal. (1) AS USED IN THIS
9 SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
10 (a) "AMERICAN RESCUE PLAN ACT OF 2021" MEANS THE FEDERAL
11 "AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE ACT MAY
12 BE SUBSEQUENTLY AMENDED.
13 (b) "DEPARTMENT" MEANS A PRINCIPAL DEPARTMENT IDENTIFIED
14 IN SECTION 24-1-110 AND THE JUDICIAL DEPARTMENT. THE TERM ALSO
15 INCLUDES THE OFFICE OF THE GOVERNOR, INCLUDING ANY OFFICES
16 CREATED THEREIN.
17 (c) "FUND" MEANS THE BEHAVIORAL AND MENTAL HEALTH CASH
18 FUND CREATED IN SUBSECTION (2)(a) OF THIS SECTION OR AN IDENTICAL
19 COMPANION FUND CREATED BY OPERATION OF SECTION 24-75-226 (4)(c).
20 (2) (a) THE BEHAVIORAL AND MENTAL HEALTH CASH FUND IS
21 CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY
22 CREDITED TO THE FUND IN ACCORDANCE WITH SUBSECTION (2)(b) OF THIS
23 SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY
24 APPROPRIATE OR TRANSFER TO THE FUND. TO RESPOND TO THE PUBLIC
25 HEALTH EMERGENCY WITH RESPECT TO COVID-19 OR ITS NEGATIVE
26 ECONOMIC IMPACTS, THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY
27 FROM THE FUND TO A DEPARTMENT FOR MENTAL HEALTH TREATMENT,
28 SUBSTANCE MISUSE TREATMENT, AND OTHER BEHAVIORAL HEALTH
29 SERVICES.
30 (b) (I) THREE DAYS AFTER THE EFFECTIVE DATE OF THIS
31 SUBSECTION (2)(b)(I), THE STATE TREASURER SHALL TRANSFER FIVE
32 HUNDRED FIFTY MILLION DOLLARS FROM THE "AMERICAN RESCUE PLAN
33 ACT OF 2021" CASH FUND CREATED IN SECTION 24-75- 226 TO THE FUND.
34 (II) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND
35 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE
36 FUND TO THE FUND.
37 (3) A DEPARTMENT MAY EXPEND MONEY APPROPRIATED FROM THE
38 FUND FOR PURPOSES PERMITTED UNDER THE "AMERICAN RESCUE PLAN
39 ACT OF 2021" PUB.L. 117-2, AS THE ACT MAY BE SUBSEQUENTLY
40 AMENDED, AND SHALL NOT USE THE MONEY FOR ANY PURPOSE PROHIBITED
41 BY THE ACT. A DEPARTMENT OR ANY PERSON WHO RECEIVES MONEY FROM
42 THE FUND SHALL COMPLY WITH ANY REQUIREMENTS SET FORTH IN
43 SECTION 24-75- 226.
44 (4) (a) THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
2021 45 SHALL, BY RESOLUTION, CREATE A TASK FORCE TO MEET DURING THE
46 INTERIM AND ISSUE A REPORT WITH RECOMMENDATIONS TO THE GENERAL
47 ASSEMBLY AND THE GOVERNOR ON POLICIES TO CREATE
48 TRANSFORMATIONAL CHANGE IN THE AREA OF BEHAVIORAL HEALTH USING
49 MONEY THE STATE RECEIVES FROM THE FEDERAL CORONAVIRUS STATE
50 FISCAL RECOVERY FUND UNDER TITLE IX, SUBTITLE M OF THE "AMERICAN
51 RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE ACT MAY BE
52 SUBSEQUENTLY AMENDED.
53 (b) THE TASK FORCE MAY INCLUDE NONLEGISLATIVE MEMBERS
54 AND HAVE WORKING GROUPS CREATED TO ASSIST THEM. THE EXECUTIVE
55 COMMITTEE SHALL HIRE A FACILITATOR TO GUIDE THE WORK OF THE TASK
56 FORCE.
1 (c) THE TASK FORCE CREATED IN THIS SECTION IS NOT SUBJECT TO
2 THE REQUIREMENTS SPECIFIED IN SECTION 2-3-303.3 OR RULE 24A OF THE
3 JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES. THE
4 EXECUTIVE COMMITTEE SHALL SPECIFY REQUIREMENTS GOVERNING
5 MEMBERS' PARTICIPATION IN THE TASK FORCE. THE TASK FORCE SHALL
6 NOT SUBMIT BILL DRAFTS AS PART OF THEIR RECOMMENDATIONS.
7 (5) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.
8 SECTION 32. In Colorado Revised Statutes, 25-1.5-506, amend
9 (4)(a) introductory portion; and add (4)(c) as follows:
10 25-1.5-506. Colorado health service corps fund - created -
11 acceptance of grants and donations - annual appropriation from
12 marijuana tax cash fund - repeal. (4) (a) For the 2018-19 fiscal year
13 and each fiscal year thereafter, the general assembly shall appropriate two
14 THREE million five hundred thousand dollars from the marijuana tax cash
15 fund created in section 39-28.8-501 to the primary care office to:
16 (c) (I) IN ADDITION TO THE APPROPRIATION DESCRIBED IN
17 SUBSECTION (4)(a) OF THIS SECTION, FOR THE 2021-22 STATE FISCAL YEAR
18 THE GENERAL ASSEMBLY SHALL APPROPRIATE ONE MILLION SEVEN
19 HUNDRED THOUSAND DOLLARS FROM THE BEHAVIORAL AND MENTAL
20 HEALTH CASH FUND CREATED IN SECTION 24-75-226 TO THE PRIMARY
21 CA
House Journal, June 7
43 SB21-137 be amended as follows, and as so amended, be referred to
44 the Committee of the Whole with favorable
45 recommendation:
46
47 Amend the Public & Behavioral Health & Human Services Committee
48 Report, dated June 2, 2021, page 8, line 5, strike "27-60-108" and
49 substitute "27-60-109".
50
51 Page 9, after line 1 insert:
52
53 "SECTION 17. In Colorado Revised Statutes, add 27-60-110 as
54 follows:
55
1 27-60-110. Out-of-home placement for children and youth
2 with mental or behavioral needs - rules - report - legislative
3 declaration - repeal. (1) (a) THE GENERAL ASSEMBLY FINDS AND
4 DECLARES THAT:
5 (I) THE COVID-19 PANDEMIC HAS LEAD TO AN EMERGENCY NEED
6 FOR INCREASED PLACEMENTS FOR CHILDREN AND YOUTH WITH
7 BEHAVIORAL OR MENTAL HEALTH NEEDS, INCLUDING THOSE INVOLVED
8 WITH THE CHILD WELFARE SYSTEM; AND
9 (II) AS THE STATE WORKS TO TRANSITION TO THE CRITICAL
10 REQUIREMENTS OF THE FEDERAL "FAMILY FIRST PREVENTION SERVICES
11 ACT", IT MUST ENSURE A SMOOTH TRANSITION BY HELPING EXISTING
12 RESIDENTIAL CHILD CARE FACILITIES TRANSITION TO QUALIFIED
13 RESIDENTIAL TREATMENT PROGRAMS OR PSYCHIATRIC RESIDENTIAL
14 TREATMENT FACILITIES.
15 (b) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE
16 STATE SHOULD PROVIDE RESOURCES TO QUALIFIED RESIDENTIAL
17 TREATMENT PROGRAMS, PSYCHIATRIC RESIDENTIAL TREATMENT
18 FACILITIES, OR THERAPEUTIC FOSTER CARE PROVIDERS TO ADDRESS THIS
19 EMERGENCY SITUATION AND ENSURE THERE ARE HIGH-QUALITY
20 PROVIDERS AVAILABLE TO MEET THESE NEEDS.
21 (2) ON OR BEFORE AUGUST 1, 2021, THE STATE DEPARTMENT
22 SHALL DEVELOP A PROGRAM TO PROVIDE EMERGENCY RESOURCES TO
23 LICENSED PROVIDERS TO HELP REMOVE BARRIERS SUCH PROVIDERS FACE
24 IN SERVING CHILDREN AND YOUTH WHOSE BEHAVIORAL OR MENTAL
25 HEALTH NEEDS REQUIRE SERVICES AND TREATMENT IN A RESIDENTIAL
26 CHILD CARE FACILITY. ANY SUCH LICENSED PROVIDER SHALL MEET THE
27 REQUIREMENTS OF A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
28 DEFINED IN SECTION 26-5.4-102, A PSYCHIATRIC RESIDENTIAL TREATMENT
29 FACILITY, AS DEFINED IN SECTION 26-5.4-103 (19.5), OR THERAPEUTIC
30 FOSTER CARE, AS DEFINED IN SECTION 26-6-102 (39).
31 (3) THE STATE DEPARTMENT MAY PROMULGATE RULES
32 CONCERNING THE PLACEMENT OF A CHILD OR YOUTH IN THE PROGRAM.
33 THE RULES MAY ADDRESS QUALITY ASSURANCE MONITORING,
34 ADMISSIONS, DISCHARGE PLANNING, APPROPRIATE LENGTH OF STAY, AN
35 APPEALS PROCESS FOR CHILDREN AND YOUTH WHO ARE DETERMINED
36 INELIGIBLE FOR THE PROGRAM, AND COMPLIANCE WITH APPLICABLE
37 FEDERAL LAW, INCLUDING THE FEDERAL "FAMILY FIRST PREVENTION
38 SERVICES ACT"; EXCEPT THAT RULES CONCERNING THE PLACEMENT OF A
39 CHILD OR YOUTH WHO IS NOT IN THE CUSTODY OF A STATE OR COUNTY
40 DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL NOT
41 INAPPROPRIATELY APPLY COMPLIANCE WITH SUCH ACT.
42 (4) (a) ON OR BEFORE DECEMBER 31, 2021, THE STATE
43 DEPARTMENT SHALL CONTRACT WITH LICENSED PROVIDERS FOR THE
44 DELIVERY OF SERVICES TO CHILDREN AND YOUTH WHO ARE DETERMINED
45 ELIGIBLE FOR AND PLACED IN THE PROGRAM. A PROVIDER THAT
46 CONTRACTS WITH THE STATE DEPARTMENT SHALL NOT:
47 (I) DENY ADMITTANCE OF A CHILD OR YOUTH IF THE CHILD OR
48 YOUTH OTHERWISE MEETS THE ELIGIBILITY CRITERIA FOR THE PROGRAM;
49 OR
50 (II) DISCHARGE A CHILD OR YOUTH BASED ON THE SEVERITY OR
51 COMPLEXITY OF THE CHILD OR YOUTH'S PHYSICAL, BEHAVIORAL, OR
52 MENTAL HEALTH NEEDS; EXCEPT THAT THE STATE DEPARTMENT MAY
53 ARRANGE FOR THE PLACEMENT OF A CHILD OR YOUTH WITH AN
54 ALTERNATE CONTRACTED PROVIDER IF THE PLACEMENT WITH THE
55 ALTERNATE PROVIDER IS BETTER SUITED TO DELIVER SERVICES THAT MEET
1 THE NEEDS OF THE CHILD OR YOUTH.
2 (b) THE STATE DEPARTMENT SHALL REIMBURSE A PROVIDER
3 DIRECTLY FOR THE COSTS ASSOCIATED WITH THE PLACEMENT OF A CHILD
4 OR YOUTH IN THE PROGRAM FOR THE DURATION OF THE TREATMENT,
5 INCLUDING THE COSTS THE PROVIDER DEMONSTRATES ARE NECESSARY IN
6 ORDER FOR THE PROVIDER TO OPERATE CONTINUOUSLY DURING THIS
7 PERIOD.
8 (c) THE STATE DEPARTMENT SHALL COORDINATE WITH THE
9 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING TO SUPPORT
10 CONTINUITY OF CARE AND PAYMENT FOR SERVICES FOR ANY CHILDREN OR
11 YOUTH PLACED IN THE PROGRAM.
12 (d) THE STATE DEPARTMENT SHALL REIMBURSE THE PROVIDER
13 ONE HUNDRED PERCENT OF THE COST OF UNUTILIZED BEDS IN THE
14 PROGRAM TO ENSURE AVAILABLE SPACE FOR EMERGENCY RESIDENTIAL
15 OUT-OF-HOME PLACEMENTS.
16 (5) (a) A HOSPITAL, HEALTH-CARE PROVIDER, PROVIDER OF CASE
17 MANAGEMENT SERVICES, SCHOOL DISTRICT, MANAGED CARE ENTITY, OR
18 STATE OR COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY
19 REFER A FAMILY FOR THE PLACEMENT OF A CHILD OR YOUTH IN THE
20 PROGRAM. THE ENTITY REFERRING A CHILD OR YOUTH FOR PLACEMENT IN
21 THE PROGRAM SHALL SUBMIT OR ASSIST THE FAMILY WITH SUBMITTING
22 AN APPLICATION TO THE STATE DEPARTMENT FOR REVIEW. THE STATE
23 DEPARTMENT SHALL CONSIDER EACH APPLICATION AS SPACE BECOMES
24 AVAILABLE. THE STATE DEPARTMENT SHALL APPROVE ADMISSIONS INTO
25 THE PROGRAM AND DETERMINE ADMISSION AND DISCHARGE CRITERIA FOR
26 PLACEMENT.
27 (b) THE STATE DEPARTMENT SHALL DEVELOP A DISCHARGE PLAN
28 FOR EACH CHILD OR YOUTH PLACED IN THE PROGRAM. THE PLAN MUST
29 INCLUDE THE ELIGIBLE PERIOD OF PLACEMENT OF THE CHILD OR YOUTH
30 AND SHALL IDENTIFY THE ENTITY THAT WILL BE RESPONSIBLE FOR THE
31 PLACEMENT COSTS IF THE CHILD OR YOUTH REMAINS WITH THE PROVIDER
32 BEYOND THE DATE OF ELIGIBILITY IDENTIFIED IN THE PLAN.
33 (c) THE ENTITY OR FAMILY THAT PLACES THE CHILD OR YOUTH IN
34 THE PROGRAM RETAINS THE RIGHT TO REMOVE THE CHILD OR YOUTH
35 FROM THE PROGRAM ANY TIME PRIOR TO THE DISCHARGE DATE SPECIFIED
36 BY THE STATE DEPARTMENT.
37 (6) WITHIN SEVEN DAYS AFTER SUBMITTING AN APPLICATION TO
38 THE STATE DEPARTMENT FOR PLACING A CHILD OR YOUTH IN THE
39 PROGRAM, THE STATE DEPARTMENT SHALL WORK WITH THE REFERRING
40 ENTITY AND THE CHILD'S OR YOUTH'S PARENTS OR LEGAL GUARDIANS TO
41 ENSURE THE CHILD OR YOUTH IS ASSESSED FOR ELIGIBILITY FOR
42 ENROLLMENT INTO THE STATE MEDICAL ASSISTANCE PROGRAM. A CHILD
43 OR YOUTH WHO IS ELIGIBLE FOR ENROLLMENT INTO THE STATE MEDICAL
44 ASSISTANCE PROGRAM SHALL BE ENROLLED. ENROLLMENT OF A CHILD OR
45 YOUTH INTO THE STATE MEDICAL ASSISTANCE PROGRAM DOES NOT
46 CONSTITUTE AUTOMATIC PLACEMENT INTO THE PROGRAM.
47 (7) NO LATER THAN NOVEMBER 1, 2022, 2023, AND 2024, THE
48 STATE DEPARTMENT SHALL SUBMIT A WRITTEN REPORT TO THE HOUSE OF
49 REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN
50 SERVICES COMMITTEE, THE SENATE HEALTH AND HUMAN SERVICES
51 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, AND THE JOINT BUDGET
52 COMMITTEE. AT A MINIMUM, THE REPORT MUST INCLUDE:
53 (a) THE NUMBER OF APPLICATIONS RECEIVED FOR PLACEMENT OF
54 CHILDREN AND YOUTH IN THE PROGRAM;
55
1 (b) THE NUMBER OF CHILDREN AND YOUTH ACCEPTED FOR
2 PLACEMENT IN THE PROGRAM;
3 (c) THE DURATION OF EACH PLACEMENT; AND
4 (d) THE DAILY RATE PAID TO EACH PROVIDER FOR PLACEMENT OF
5 CHILDREN AND YOUTH.
6 (8) THIS SECTION IS INTENDED TO PROVIDE ENHANCED
7 EMERGENCY SERVICES RESULTING FROM THE INCREASED NEED FOR
8 SERVICES DUE TO THE COVID-19 PANDEMIC. NO LATER THAN SEPTEMBER
9 30, 2024, THE STATE DEPARTMENT SHALL SUBMIT RECOMMENDATIONS TO
10 THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND
11 HUMAN SERVICES COMMITTEE, THE SENATE HEALTH AND HUMAN
12 SERVICES COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, AND THE JOINT
13 BUDGET COMMITTEE ABOUT HOW TO PROVIDE NECESSARY SERVICES FOR
14 CHILDREN AND YOUTH IN NEED OF RESIDENTIAL CARE, INCLUDING
15 HOSPITAL STEP-DOWN SERVICES ON AN ONGOING BASIS.
16 (9) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.".
17
18 Renumber succeeding sections accordingly.
19
20 Page 17, strike lines 15 through 35.
21
22 Strike pages 18 and 19 and substitute the following:
23
24 "Page 24, strike lines 24 through 27.
25
26 Strike page 25.
27
28 Page 26, strike lines 1 through 26 and substitute the following:
29
30 "SECTION 23. Appropriation. (1) For the 2021-22 state fiscal
31 year, $1,017,614 is appropriated to the department of health care policy
32 and financing. This appropriation is from the general fund. To implement
33 this act, the department may use this appropriation as follows:
34 (a) $130,043 for use by the executive director's office for personal
35 services, which amount is based on an assumption that the office will
36 require an additional 2.8 FTE.;
37 (b) $11,325 for use by the executive director's office for operating
38 expenses;
39 (c) $33,960 for use by the executive director's office for general
40 professional services and special projects related to general
41 administration;
42 (d) $764,067 for use by the executive director's office for
43 professional services contracts related to utilization and quality review
44 contracts, which amount is subject to the "(M)" notation as defined in the
45 annual general appropriation act for the same fiscal year; and
46 (e) $78,219 for medical and long-term care services for medicaid-
47 eligible individuals, which amount is subject to the "(M)" notation as
48 defined in the annual general appropriation act for the same fiscal year.
49 (2) For the 2021-22 state fiscal year, $250,000 is appropriated to
50 the department of health care policy and financing. This appropriation is
51 from the behavioral and mental health cash fund created in section
52 24-75-230, C.R.S., and of money the state received from the federal
53 coronavirus state fiscal recovery fund. The department may use the
54 appropriation for training health-care and behavioral health-care
55 professionals in substance use screening, brief intervention, and referral
1 to treatment. Any money appropriated in this subsection (2) not expended
2 prior to July 1, 2022, is further appropriated to the department for the
3 2022-23 state fiscal year for the same purpose.
4 (3) For the 2021-22 state fiscal year, the general assembly
5 anticipates that the department of health care policy and financing will
6 receive $1,017,613 in federal funds to implement this act. The
7 appropriation in subsection (1) of this section is based on the assumption
8 that the department will receive this amount of federal funds to be used
9 as follows:
10 (a) $130,042 for use by the executive director's office for personal
11 services, which amount is subject to the "(I)" notation as defined in the
12 annual general appropriation act for the same fiscal year;
13 (b) $11,325 for use by the executive director's office for operating
14 expenses, which amount is subject to the "(I)" notation as defined in the
15 annual general appropriation act for the same fiscal year;
16 (c) $33,960 for use by the executive director's office for general
17 professional services and special projects related to general
18 administration, which amount is subject to the "(I)" notation as defined
19 in the annual general appropriation act for the same fiscal year;
20 (d) $764,067 for use by the executive director's office for
21 professional services contracts related to utilization and quality review
22 contracts; and
23 (e) $78,219 for medical and long-term care services for medicaid-
24 eligible individuals.
25 (4) For the 2021-22 state fiscal year, $3,825,000 is appropriated
26 to the department of higher education from the marijuana tax cash fund
27 created in section 39-28.8-501 (1), C.R.S., for use by the center for
28 research into substance use disorder prevention, treatment, and recovery
29 support strategies at the university of Colorado health sciences center.
30 The center may use this appropriation as follows:
31 (a) $3,000,000 for the medication-assisted treatment expansion
32 pilot program;
33 (b) $750,000 for public awareness campaigns related to safe
34 medication practices; and
35 (c) $75,000 for the perinatal substance use data linkage project.
36 (5) For the 2021-22 state fiscal year, $900,000 is appropriated to
37 the department of higher education for use by the board of governors of
38 the Colorado state university system. This appropriation is from the
39 marijuana tax cash fund created in section 39-28.8-501 (1), C.R.S. To
40 implement this act, the board may use this appropriation for the agrability
41 project.
42 (6) (a) For the 2021-22 state fiscal year, $2,630,000 is
43 appropriated to the department of higher education. This appropriation
44 is from the behavioral and mental health cash fund created in section
45 24-75-230, C.R.S., and of money the state received from the federal
46 coronavirus state fiscal recovery fund. To implement this act, the
47 department may use this appropriation as follows:
48 (I) $1,000,000 for use by the center for research into substance use
49 disorder prevention, treatment, and recovery support strategies at the
50 university of Colorado health sciences center for training and education
51 for health-care, behavioral health-care, and public health-care
52 professionals, to further promote the use of evidence-based models of
53 care for treatment of pain and substance use disorders, grant writing
54 assistance for local organizations, and to further strengthen recovery
55 support programs and services;
1 (II) $1,000,000 for use by the regents of the university of
2 Colorado for allocation to the school of medicine for the regional health
3 connector workforce program; and
4 (III) $630,000 for use by the regents of the university of Colorado
5 for allocation to the school of medicine for practice consultation services
6 and stipends for health-care providers who are eligible to provide
7 medication for opioid use disorder.
8 (b) Any money appropriated in this subsection (6) not expended
9 prior to July 1, 2022, is further appropriated to the department for the
10 2022-23 state fiscal year for the same purposes.
11 (7) For the 2021-22 state fiscal year, $6,050,000 is appropriated
12 to the department of human services for use by the office of behavioral
13 health. This appropriation is from the general fund. To implement this act,
14 the office may use this appropriation as follows:
15 (a) $4,000,000 for the housing assistance program, which amount
16 is based on an assumption that the office will require an additional 1.
17 FTE;
18 (b) $1,600,000 for the recovery support services grant program,
19 which amount is based on an assumption that the office will require an
20 additional 1.0 FTE;
21 (c) $50,000 for rural behavioral health vouchers;
22 (d) $200,000 for treatment and detoxification programs; and
23 (e) $200,000 for recovery residence certification.
24 (8) For the 2021-22 state fiscal year, $190,000 is appropriated to
25 the department of human services for use by the office of early childhood.
26 This appropriation is from the general fund. To implement this act, the
27 office may use this appropriation for early childhood mental health
28 services.
29 (9) (a) For the 2021-22 state fiscal year, $86,750,000 is
30 appropriated to the department of human services for use by the office of
31 behavioral health. This appropriation is from the behavioral and mental
32 health cash fund created in section 24-75-230, C.R.S., and of money the
33 state received from the federal coronavirus state fiscal recovery fund. The
34 office may use this appropriation as follows:
35 (I) $10,000,000 directed to the managed service organizations for
36 increasing access to effective substance use disorder treatment and
37 recovery;
38 (II) $2,000,000 for services provided to school-aged children and
39 parents by community mental health center school-based clinicians and
40 prevention specialists;
41 (III) $5,000,000 for Colorado crisis system services in response
42 to the effect of COVID-19 on the behavioral health of Colorado residents,
43 including statewide access to crisis system services for children and
44 youth;
45 (IV) $2,000,000 for behavioral health and substance use disorder
46 treatment for children, youth, and their families;
47 (V) $1,000,000 for a mental health awareness campaign;
48 (VI) $18,000,000 for the workforce development program;
49 (VII) $26,000,000 for statewide care coordination infrastructure;
50 (VIII) $9,000,000 for the county-based behavioral health grant
51 program;
52 (IX) $500,000 for community transition services for guardianship
53 services for individuals transitioning out of mental health institutes;
54 (X) $5,000,000 for jail based behavioral health services;
55
1 (XI) $3,250,000 for community mental health centers for
2 unanticipated services and expenses related to COVID-19, including
3 capacity building and strategies to address the direct care workforce for
4 the purpose of increasing access to meet the growing demand for
5 services; and
6 (XII) $5,000,000 for a pilot program for residential placement of
7 children and youth with high acuity physical, mental, or behavioral health
8 needs.
9 (b) Any money appropriated in this subsection (9) not expended
23 10 prior to July 1, 2022, is further appropriated to the office for the 2022-
11 state fiscal year for the same purpose.
12 (10) For the 2021-22 state fiscal year, $3,000,000 is appropriated
13 to the high-risk families cash fund created in section 27-80-123 (2),
14 C.R.S. This appropriation is from the behavioral and mental health cash
15 fund created in section 24-75-230, C.R.S., and of money the state
16 received from the federal coronavirus state fiscal recovery fund. The
17 department of human services is responsible for the accounting related to
18 this appropriation.
19 (11) For the 2021-22 state fiscal year, $500,000 is appropriated to
20 the department of human services. This appropriation is from the
21 behavioral and mental health cash fund created in section 24-75-230,
22 C.R.S., and of money the state received from the federal coronavirus state
23 fiscal recovery fund. The department may use this appropriation for the
24 early childhood mental health consultation program. Any money
25 appropriated in this subsection (11) not expended prior to July 1, 2022,
26 is further appropriated to the department for the 2022-23 state fiscal year
27 for the same purpose.
28 (12) For the 2021-22 state fiscal year, $300,000 is appropriated to
29 the department of human services for use by the office of the ombudsman
30 for behavioral health access to care. This appropriation is from the
31 behavioral and mental health cash fund created in section 24-75-230,
32 C.R.S., and of money the state received from the federal coronavirus state
33 fiscal recovery fund. The office may use the appropriation to help resolve
34 behavioral health-care access and coverage concerns or complaints for
35 consumers and health-care providers. Any money appropriated in this
36 subsection (12) not expended prior to July 1, 2022, is further appropriated
37 to the department for the 2022-23 state fiscal year for the same purpose.
38 (13) For the 2021-22 state fiscal year, $50,000 is appropriated to
39 the legislative department. This appropriation is from the general fund.
40 The department may use this appropriation to implement this act.
41
42 (14) For the 2021-22 state fiscal year, $750,000 is appropriated to
43 the department of public health and environment. This appropriation is
44 from the general fund. To implement this act, the department may use this
45 appropriation as follows:
46 (a) $500,000 for sexually transmitted infections, HIV and AIDS
47 operating expenses; and
48 (b) $250,000 for mental health first aid training.
49 (15) For the 2021-22 state fiscal year, $2,700,000 is appropriated
50 to the department of public health and environment for use by the primary
51 care office. This appropriation consists of $1,000,000 from the marijuana
52 tax cash fund created in section 39-28.8-501 (1), C.R.S., and $1,700,
53 from the behavioral and mental health cash fund created in section
54 24-75-230, C.R.S., of money the state received from the federal
55 coronavirus state fiscal recovery fund, and is based on an assumption that
1 the office will require an additional 1.0 FTE. To implement this act, the
2 office may use this appropriation for loan repayments for behavioral
3 healthcare providers and candidates for licensure participating in the
4 Colorado mental health services corps and scholarships for addiction
5 counselors.
6 (16) (a) For the 2021-22 state fiscal year, $4,200,000 is
7 appropriated to the department of public health and environment. This
8 appropriation is from the behavioral and mental health cash fund created
9 in section 24-75-230, C.R.S., and of money the state received from the
10 federal coronavirus state fiscal recovery fund. The department may use
11 this appropriation as follows:
12 (I) $1,000,000 for the opiate antagonist bulk purchase fund,
13 created in section 25-1.5-115, C.R.S.;
14 (II) $2,000,000 for the Colorado HIV and AIDS prevention grant
15 program created in section 25-4-1403, C.R.S; and
16 (III) $1,200,000 for school-based health centers.
17 (b) Any money appropriated in this subsection (16) not expended
18 prior to July 1, 2022, is further appropriated to the department for the
19 2022-23 state fiscal year for the same purpose.".".
20
21
House Journal, June 7
30 Amendment No. 1, Appropriations Report, dated June 7, 2021, and
31 placed in member's bill file; Report also printed in House Journal, June 7,
32 2021.
33
34 Amendment No. 2, Public & Behavioral Health & Human Services
35 Report, dated June 2, 2021, and placed in member's bill file; Report also
36 printed in House Journal, June 3, 2021.
37
38 Amendment No. 3, by Representative Kennedy.
39
40 Amend the Public & Behavioral Health & Human Services Committee
41 Report, dated June 2, 2021, page 12, line 35, strike "9" and substitute
42 "10".
43
44 Amendment No. 4, by Representative Kennedy.
45
46 Amend reengrossed bill, page 26, after line 26 insert:
47
48 "SECTION 37. Effective date. Sections 2, 6, 15, 16, 17, 18, 19,
49 25, 31, 32, 33, 37 (2), 37 (6), 37 (9), 37 (10), 37 (11), 37 (12), 37 (15),
50 and 37 (16) of this act take effect only if Senate Bill 21-288 becomes law,
51 and, in which case, sections 2, 6, 15, 16, 17, 18, 19, 25, 31, 32, 33, 37 (2),
52 37 (6), 37 (9), 37 (10), 37 (11), 37 (12), 37 (15), and 37 (16) of this act
53 take effect either upon the effective date of this act or one day after the
54 passage of Senate Bill 21-288, whichever is later.".
55
1 Renumber succeeding section accordingly.
2
3 As amended, ordered revised and placed on the Calendar for Third
4 Reading and Final Passage.
5
House Journal, June 7
28 Amend the Appropriations Committee Report, dated June 7, 2021, page
29 9, line 30, strike "$4,200,000" and substitute "$2,200,000".
30
31 Page 9, line 37, after "C.R.S.;" add "and".
32
33 Page 9, strike lines 38 and 39.
34
35 Page 9, line 40, strike "(III)" and substitute "(II)".
36
37 The amendment was declared lost by the following roll call vote:
38
39 YES 27 NO 37 EXCUSED 1 ABSENT
40 Amabile N Exum N Lynch Y Sirota N
41 Bacon N Froelich N McCluskie N Snyder N
42 Baisley Y Geitner Y McCormick N Soper Y
43 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan Y
44 Bernett N Gray N McLachlan Y Tipper N
45 Bird N Hanks Y Michaelson Jenet N Titone N
46 Bockenfeld Y Herod N Mullica N Valdez A. N
47 Boesenecker N Holtorf Y Neville Y Valdez D. N
48 Bradfield Y Hooton N Ortiz N Van Beber Y
49 Caraveo N Jackson N Pelton Y Van Winkle Y
50 Carver Y Jodeh N Pico Y Weissman N
51 Catlin Y Kennedy N Ransom Y Will Y
52 Cutter Y Kipp N Rich Y Williams Y
53 Daugherty N Larson Y Ricks N Woodrow N
1 Duran N Lontine N Roberts N Woog Y
2 Esgar N Luck E Sandridge Y Young Y
3 Speaker N
4
House Journal, June 8
31 Amend revised bill, page 10, line 4, strike "25.5-5-423" and substitute
32 "25.5-5-424".
33
34 Page 10, line 6, strike "25.5-5-423." and substitute "25.5-5-424.".
35
36 Page 12, line 1, strike "25.5-5-424" and substitute "25.5-5-425".
37
38 Page 12, line 3, strike "25.5-5-424." and substitute "25.5-5-425.".
39
40 Page 19, line 17, strike "TEN" and substitute "NINE".
41
42 The amendment was declared passed by the following roll call vote:
43
44 YES 46 NO 19 EXCUSED 0 ABSENT
45 Amabile Y Exum Y Lynch N Sirota Y
46 Bacon Y Froelich Y McCluskie Y Snyder Y
47 Baisley N Geitner Y McCormick Y Soper N
48 Benavidez Y Gonzales-Gutierrez Y McKean Y Sullivan Y
49 Bernett Y Gray Y McLachlan Y Tipper Y
50 Bird Y Hanks N Michaelson Jenet Y Titone Y
51 Bockenfeld N Herod Y Mullica Y Valdez A. Y
52 Boesenecker Y Holtorf Y Neville N Valdez D. Y
53 Bradfield Y Hooton Y Ortiz Y Van Beber N
54 Caraveo Y Jackson Y Pelton N Van Winkle N
55 Carver N Jodeh Y Pico N Weissman Y
1 Catlin N Kennedy Y Ransom N Will N
2 Cutter Y Kipp Y Rich N Williams N
3 Daugherty Y Larson Y Ricks Y Woodrow Y
4 Duran Y Lontine Y Roberts Y Woog N
5 Esgar Y Luck N Sandridge N Young Y
6 Speaker Y
7
8 The question being, "Shall the bill, as amended, pass?".
9 A roll call vote was taken. As shown by the following recorded vote, a
10 majority of those elected to the House voted in the affirmative, and the
11 bill, as amended, was declared passed.
12
13 YES 42 NO 23 EXCUSED 0 ABSENT
14 Amabile Y Exum Y Lynch N Sirota Y
15 Bacon Y Froelich Y McCluskie Y Snyder Y
16 Baisley N Geitner N McCormick Y Soper N
17 Benavidez Y Gonzales-Gutierrez Y McKean N Sullivan Y
18 Bernett Y Gray Y McLachlan Y Tipper Y
19 Bird Y Hanks N Michaelson Jenet Y Titone Y
20 Bockenfeld N Herod Y Mullica Y Valdez A. Y
21 Boesenecker Y Holtorf N Neville N Valdez D. Y
22 Bradfield Y Hooton Y Ortiz Y Van Beber N
23 Caraveo Y Jackson Y Pelton N Van Winkle N
24 Carver N Jodeh Y Pico N Weissman Y
25 Catlin N Kennedy Y Ransom N Will N
26 Cutter Y Kipp Y Rich N Williams N
27 Daugherty Y Larson N Ricks Y Woodrow Y
28 Duran Y Lontine Y Roberts Y Woog N
29 Esgar Y Luck N Sandridge N Young Y
30 Speaker Y
31 Co-sponsor(s) added: Representative(s) Amabile, Bacon, Bird, Boesenecker,
32 Caraveo, Cutter, Duran, Esgar, Exum, Froelich, Gray, Herod, Hooton, Jackson,
33 Kipp, Lontine, McCluskie, McCormick, McLachlan, Mullica, Ricks, Roberts,
34 Sandridge, Sirota, Sullivan, Tipper, Titone, Valdez A., Valdez D., Woodrow,
35 Young, Speaker
36