Amendments for HB20-1017

House Journal, February 13
27 HB20-1017 be amended as follows, and as so amended, be referred to
28 the Committee on Appropriations with favorable
29 recommendation:
30
31 Amend printed bill, page 2, lines 6 and 7, strike "AND AT LEAST ONE OPIOID
32 ANTAGONIST".
33
34 Page 2, line 8, strike "DISORDER" and substitute "DISORDER. THE
35 CORRECTIONAL FACILITY OR PRIVATE CONTRACT PRISON SHALL DIAGNOSE
36 AND BEGIN PROCURING THE OPIOID AGONIST AS SOON AS PRACTICABLE, BUT
37 NO LATER THAN THREE DAYS AFTER THE PERSON IS TAKEN INTO CUSTODY.
38 THE CORRECTIONAL FACILITY OR PRIVATE CONTRACT PRISON SHALL
39 MAINTAIN THE TREATMENT OF THE PERSON".
40
41 Page 3, line 1, strike "INCARCERATION." and substitute "INCARCERATION,
42 AS MEDICALLY NECESSARY. THE PERSON MAY TRANSITION FROM AN OPIOID
43 AGONIST TO AN OPIOID ANTAGONIST IF A MEDICAL PROFESSIONAL
44 DETERMINES SUCH A TRANSITION IS MEDICALLY APPROPRIATE.".
45
46 Page 3, line 16, strike "AND AT LEAST ONE OPIOID ANTAGONIST".
47
48 Page 3, line 17, strike "DISORDER" and substitute "DISORDER. THE FACILITY
49 SHALL DIAGNOSE AND BEGIN PROCURING THE OPIOID AGONIST AS SOON AS
50 PRACTICABLE, BUT NO LATER THAN THREE DAYS AFTER THE PERSON IS
51 TAKEN INTO CUSTODY. THE FACILITY SHALL MAINTAIN THE TREATMENT OF
52 THE PERSON".
53
54 Page 3, line 18, strike "INCARCERATION." and substitute "INCARCERATION,
55 AS MEDICALLY NECESSARY. THE PERSON MAY TRANSITION FROM AN OPIOID
1 AGONIST TO AN OPIOID ANTAGONIST IF A MEDICAL PROFESSIONAL
2 DETERMINES SUCH A TRANSITION IS MEDICALLY APPROPRIATE.".
3
4 Page 4, line 11, strike "AND AT LEAST ONE OPIOID ANTAGONIST".
5
6 Page 4, line 13, strike "DISORDER" and substitute "DISORDER. THE FACILITY
7 SHALL DIAGNOSE AND BEGIN PROCURING THE OPIOID AGONIST AS SOON AS
8 PRACTICABLE, BUT NO LATER THAN THREE DAYS AFTER THE PERSON IS
9 COMMITTED TO OR PLACED WITH THE FACILITY. THE FACILITY SHALL
10 MAINTAIN THE TREATMENT OF THE PERSON".
11
12 Page 4, line 14, strike "PLACEMENT." and substitute "PLACEMENT, AS
13 MEDICALLY NECESSARY. THE PERSON MAY TRANSITION FROM AN OPIOID
14 AGONIST TO AN OPIOID ANTAGONIST IF A MEDICAL PROFESSIONAL
15 DETERMINES SUCH A TRANSITION IS MEDICALLY APPROPRIATE.".
16
17 Page 5, line 10, strike "EITHER".
18
19 Page 5, strike lines 11 through 13 and substitute "UTILIZE CURRENT
20 PROCEDURES AND PROTOCOLS FOR THE DISPOSAL OF THE CONTROLLED
21 SUBSTANCES.".
22
23 Page 5, strike line 23 and substitute "SHALL PROVIDE THE PERSON WITH
24 INFORMATION ABOUT THE BEHAVIORAL HEALTH CRISIS RESPONSE SYSTEM,
25 CREATED IN SECTION 27-60-103, TO HELP IDENTIFY AVAILABLE
26 TREATMENT OPTIONS AND, IF PRACTICABLE, PROVIDE TRANSPORTATION
27 FOR THE PERSON TO THE MOST APPROPRIATE FACILITY FOR".
28
29 Page 5, line 24, after the period add "THE INFORMATION ABOUT THE CRISIS
30 HOTLINE MUST BE DEVELOPED BY THE OFFICE OF BEHAVIORAL HEALTH IN
31 THE STATE DEPARTMENT AND BE PROVIDED TO SAFE STATIONS FOR
32 DISTRIBUTION.".
33
34 Page 6, strike lines 4 through 18 and substitute:
35
36 "17-26-140. Continuity of care for persons in custody. (1) IF
37 A PERSON IS RECEIVING MEDICATION-ASSISTED TREATMENT FOR A
38 SUBSTANCE USE DISORDER WHILE THE PERSON IS INCARCERATED,
39 CONTINUITY OF CARE MUST BE PROVIDED TO THE PERSON BASED ON THE
40 FOLLOWING LEVELS OF TREATMENT:
41 (a) Level one stabilization. LEVEL ONE STABILIZATION REFERS TO
42 A PERSON WHO IS IN CUSTODY FOR LESS THAN THIRTY DAYS, IS RECEIVING
43 MEDICATION-ASSISTED TREATMENT, AND IS BEING MONITORED BY
44 MEDICAL PERSONNEL AND ASSESSED FOR ADDITIONAL MEDICAL OR
45 MENTAL HEALTH NEEDS WHILE IS CUSTODY. PERSONS IDENTIFIED AS LEVEL
46 ONE SHALL RECEIVE INFORMATION CONTAINING TREATMENT OPTIONS
47 AVAILABLE IN THE COMMUNITY UPON RELEASE.
48 (b) Level two treatment. LEVEL TWO TREATMENT REFERS TO A
49 PERSON WHO IS IN CUSTODY FOR MORE THAN THIRTY DAYS, IS STABILIZED
50 ON MEDICATION-ASSISTED TREATMENT, IS RECEIVING MEDICAL AND
51 MENTAL HEALTH FOLLOW UP TREATMENT AS NEEDED, AND IS RECEIVING
52 COUNSELING AND SUPPORT. PERSONS IDENTIFIED AS LEVEL TWO WILL BE
53 FOLLOWED BY A CASE MANAGER TO IDENTIFY TREATMENT NEEDS WHILE
54 IN CUSTODY. ONCE A RELEASE DATE IS ESTABLISHED, THE PERSON SHALL
55 RECEIVE REENTRY SERVICES. IF THE PERSON IS BONDED OR RELEASED
1 DURING LEVEL TWO TREATMENT, JAIL PERSONNEL WILL ATTEMPT TO
2 IDENTIFY AND REINSTATE THE PERSON'S MEDICAID, IDENTIFY TREATMENT
3 SERVICES, AND SCHEDULE APPOINTMENTS AS TIME PERMITS. AT A
4 MINIMUM, PERSONS IDENTIFIED AS LEVEL TWO SHALL RECEIVE
5 INFORMATION CONTAINING TREATMENT OPTIONS AVAILABLE IN THE
6 COMMUNITY UPON RELEASE.
7 (c) Level three reentry services. LEVEL THREE REENTRY
8 SERVICES REFERS TO A PERSON WHO IS WITHIN SIXTY DAYS OF RELEASE
9 AND WHO HAS COMPLETED LEVEL ONE STABILIZATION, LEVEL TWO
10 TREATMENT, HAS BEEN MAINTAINED ON MEDICATION-ASSISTED
11 TREATMENT, AND RECEIVED COUNSELING AND TREATMENT FOR A
12 SUBSTANCE USE DISORDER WHILE IN CUSTODY. THE COUNTY JAIL SHALL
13 CONDUCT THE FOLLOWING BEFORE RELEASING THE PERSON FROM THE
14 COUNTY JAIL'S CUSTODY:
15 (I) ENSURE THAT THE PERSON'S MEDICAID IS REINSTATED, IF
16 APPLICABLE;
17 (II) ENSURE THAT TREATMENT SERVICES ARE READILY AVAILABLE;
18 (III) SCHEDULE APPOINTMENTS WITH THE PERSON'S BEHAVIORAL
19 HEALTH CARE PROVIDER OR LICENSED HEALTH CARE PROVIDER;
20 (IV) PROVIDE POST-RELEASE RESOURCES DEVELOPED PURSUANT
21 TO SECTION 17-1-103 (1)(r); AND
22 (V) ADDRESS TRANSPORTATION NEEDS.".
23
24

House Journal, June 8
27 HB20-1017 be amended as follows, and as so amended, be referred to
28 the Committee of the Whole with favorable
29 recommendation:
30
31 Strike the Public Health Care & Human Services Committee Report,
32 dated February 12, 2020.
33
34 Amend printed bill, page 2, strike lines 6 through 8 and substitute "PRISON
35 MAY MAKE AVAILABLE OPIOID AGONISTS AND OPIOID ANTAGONISTS TO A
36 PERSON IN CUSTODY WITH AN OPIOID USE DISORDER. THE CORRECTIONAL
37 FACILITY OR PRIVATE CONTRACT PRISON IS STRONGLY ENCOURAGED TO
38 MAINTAIN THE TREATMENT OF THE PERSON THROUGHOUT THE DURATION
39 OF THE PERSON'S INCARCERATION, AS MEDICALLY NECESSARY.
40 (2) QUALIFIED MEDICATION ADMINISTRATION PERSONNEL MAY, IN
41 ACCORDANCE WITH A WRITTEN PHYSICIAN'S ORDER, ADMINISTER OPIOID
42 AGONISTS AND OPIOID ANTAGONISTS PURSUANT TO SUBSECTION (1) OF
43 THIS SECTION.
1 (3) A CORRECTIONAL FACILITY OR PRIVATE CONTRACT PRISON
2 MAY CONTRACT WITH COMMUNITY-BASED HEALTH PROVIDERS FOR THE
3 IMPLEMENTATION OF THIS SECTION.".
4
5 Page 3, strike line 1.
6
7 Renumber succeeding subsection accordingly.
8
9 Page 3, strike lines 15 through 18 and substitute "ENTITY OR PRIVATE
10 CONTRACTOR, MAY MAKE AVAILABLE OPIOID AGONISTS AND OPIOID
11 ANTAGONISTS TO A PERSON IN CUSTODY WITH AN OPIOID USE DISORDER.
12 THE FACILITY IS STRONGLY ENCOURAGED TO MAINTAIN THE TREATMENT
13 OF THE PERSON THROUGHOUT THE DURATION OF THE PERSON'S
14 INCARCERATION, AS MEDICALLY NECESSARY.
15 (2) QUALIFIED MEDICATION ADMINISTRATION PERSONNEL MAY, IN
16 ACCORDANCE WITH A WRITTEN PHYSICIAN'S ORDER, ADMINISTER OPIOID
17 AGONISTS AND OPIOID ANTAGONISTS PURSUANT TO SUBSECTION (1) OF
18 THIS SECTION.
19 (3) A FACILITY MAY CONTRACT WITH COMMUNITY-BASED HEALTH
20 PROVIDERS FOR THE IMPLEMENTATION OF THIS SECTION.".
21
22 Renumber succeeding subsection accordingly.
23
24 Page 4, line 10, strike "SHALL" and substitute "MAY".
25
26 Page 4, strike lines 11 through 14 and substitute "OPIOID AGONISTS AND
27 OPIOID ANTAGONISTS TO A PERSON COMMITTED TO OR PLACED WITHIN THE
28 FACILITY WITH AN OPIOID USE DISORDER. THE FACILITY IS STRONGLY
29 ENCOURAGED TO MAINTAIN THE TREATMENT OF THE PERSON THROUGHOUT
30 THE DURATION OF THE PERSON'S COMMITMENT, AS MEDICALLY
31 NECESSARY.
32 (2) QUALIFIED MEDICATION ADMINISTRATION PERSONNEL MAY, IN
33 ACCORDANCE WITH A WRITTEN PHYSICIAN'S ORDER, ADMINISTER OPIOID
34 AGONISTS AND OPIOID ANTAGONISTS PURSUANT TO SUBSECTION (1) OF
35 THIS SECTION.
36 (3) A STATE DEPARTMENT FACILITY MAY CONTRACT WITH
37 COMMUNITY-BASED HEALTH PROVIDERS FOR THE IMPLEMENTATION OF
38 THIS SECTION.".
39
40 Renumber succeeding subsection accordingly.
41
42 Page 5, line 1, strike "SHALL" and substitute "IS STRONGLY ENCOURAGED
43 TO".
44
45 Page 5, line 10, strike "EITHER".
46
47 Page 5, strike lines 11 through 13 and substitute "UTILIZE CURRENT
48 PROCEDURES AND PROTOCOLS FOR THE DISPOSAL OF THE CONTROLLED
49 SUBSTANCES.".
50
51 Page 5, strike lines 23 and 24 and substitute "SHALL PROVIDE THE PERSON
52 WITH INFORMATION ABOUT THE BEHAVIORAL HEALTH CRISIS RESPONSE
53 SYSTEM, CREATED IN SECTION 27-60-103, TO HELP IDENTIFY AVAILABLE
54 TREATMENT OPTIONS AND, IF PRACTICABLE, PROVIDE TRANSPORTATION
55 FOR THE PERSON TO THE MOST APPROPRIATE FACILITY FOR TREATMENT OF
56 A SUBSTANCE USE DISORDER. INFORMATION ABOUT THE CRISIS HOTLINE
1 MUST BE DEVELOPED BY THE OFFICE OF BEHAVIORAL HEALTH IN THE
2 STATE DEPARTMENT AND BE PROVIDED TO SAFE STATIONS FOR
3 DISTRIBUTION.".
4
5 Page 5, before line 25 insert:
6 "(3) THIS SECTION DOES NOT APPLY IF SAFE STATION PERSONNEL
7 ARE NOT AVAILABLE TO ASSIST A PERSON WHO ARRIVES AT A SAFE
8 STATION FOR DISPOSAL OF A CONTROLLED SUBSTANCE.".
9
10 Renumber succeeding subsection accordingly.
11
12 Page 6, line 6, strike "SHALL" and substitute "SHALL, AT A MINIMUM,".
13
14 Page 6, strike lines 9 through 11.
15
16 Page 6, line 12, strike "(c)" and substitute "(a)".
17
18 Page 6, line 13, after "PERSON;" add "AND".
19
20 Page 6, strike lines 14 through 18 and substitute:
21 "(b) PROVIDE A LIST OF AVAILABLE SUBSTANCE USE PROVIDERS,
22 TO THE EXTENT THE OFFICE OF BEHAVIORAL HEALTH IN THE STATE
23 DEPARTMENT HAS SUCH A LIST AVAILABLE.
24 (2) THE COUNTY JAIL SHALL PROVIDE MEDICAID REENROLLMENT
25 PAPERWORK TO THE PERSON WHEN THE PERSON ENTERS THE COUNTY JAIL.
26 THE COUNTY JAIL MUST FILE THE MEDICAID PAPERWORK WITH THE
27 COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES UPON RELEASING
28 THE PERSON FROM THE COUNTY JAIL'S CUSTODY.".
29
30 Page 7, line 24, after "(1)" insert "(a)".
31
32 Page 8, after line 4 insert:
33 "(b) THE OFFICE OF BEHAVIORAL HEALTH IN THE STATE
34 DEPARTMENT MAY REQUIRE CRIMINAL JUSTICE DIVERSION PROGRAMS
35 CONTRACTED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION TO
36 PARTICIPATE AS A MOBILE CRISIS SERVICE IN THE BEHAVIORAL HEALTH
37 CRISIS RESPONSE SYSTEM, CREATED PURSUANT TO SECTION 27-60-103.".
38
39 Page 8, strike lines 19 through 26 and substitute:
40 "SECTION 11. In Colorado Revised Statutes, 27-60-100.3, add
41 (1.5) as follows:
42 27-60-100.3. Definitions. (1.5) "CRIMINAL JUSTICE DIVERSION
43 PROGRAM" MEANS A PROGRAM CREATED PURSUANT TO SECTION
44 27-60-106.5 OR PROGRAMS OPERATED BY CITIES OR COUNTIES THAT
45 CONNECT LAW ENFORCEMENT OFFICERS WITH BEHAVIORAL HEALTH
46 PROVIDERS TO ASSIST INDIVIDUALS IN NEED OF BEHAVIORAL HEALTH
47 INTERVENTIONS OR TO DIVERT INDIVIDUALS FROM THE CRIMINAL JUSTICE
48 SYSTEM.
49 SECTION 12. In Colorado Revised Statutes, 27-60-104, amend
50 (2) as follows:
51 27-60-104. Behavioral health crisis response system - crisis
52 service facilities - walk-in centers - mobile response units. (2) (a) On
53 or before January 1, 2018, the state department shall ensure that mobile
54 response units are available to respond to a behavioral health crisis
55 anywhere in the state within no more than two hours, either face-to-face
56 or using telehealth operations, for mobile crisis evaluations.
1 (b) MOBILE CRISIS SERVICES MAY BE DELIVERED BY CRIMINAL
2 JUSTICE DIVERSION PROGRAMS APPROVED BY THE STATE DEPARTMENT OR
3 A CRISIS RESPONSE SYSTEM CONTRACTOR.
4 SECTION 13. Act subject to petition - effective date. This act
5 takes effect at 12:01 a.m. on the day following the expiration of the
6 ninety-day period after final adjournment of the general assembly; except
7 that, if a referendum petition is filed pursuant to section 1 (3) of article V
8 of the state constitution against this act or an item, section, or part of this
9 act within such period, then the act, item, section, or part will not take
10 effect unless approved by the people at the general election to be held in
11 November 2022 and, in such case, will take effect on the date of the
12 official declaration of the vote thereon by the governor.".
13
14 Page 1, strike lines 103 and 104 and substitute "JUSTICE SYSTEM.".
15
16