Editor's note: This section was originally enacted in 2004; however section 2 of chapter 328, Session Laws of Colorado 2004, provided that this section would only take effect if the department of human services provided written notice to the revisor of statutes that potential partners for a merger with the Colorado mental health institute were identified. No such notification was received by the revisor of statutes, therefore this section as it appeared in the 2004 Colorado Revised Statutes did not take effect.
26-1-132. Department of human services - rate setting - residential treatment service providers - monitoring and auditing - report. (1) In conjunction with the group of representatives convened by the state department pursuant to section 26-5-104 (6)(e), (6)(g), and (6)(i) to review the rate-setting process for child welfare services, the state department shall develop a rate-setting process consistent with medicaid requirements for providers of residential treatment services in Colorado. The department of health care policy and financing shall approve the rate-setting process for rates funded by medicaid. The rate-setting process developed pursuant to this section may include:
(a) A range that represents a base-treatment rate for serving a child who is subject to out-of-home placement due to dependency and neglect, a child placed in a residential child care facility pursuant to the Children and Youth Mental Health Treatment Act, article 67 of title 27, or a child who has been adjudicated a delinquent, which includes a defined service package to meet the needs of the child;
(b) A request for proposal to contract for specialized service needs of a child, including but not limited to: Substance use disorder treatment and recovery services, sex offender services, and services for the intellectually and developmentally disabled; and
(c) Negotiated incentives for achieving outcomes for the child as defined by the state department, counties, and providers.
(2) In auditing residential treatment providers, the state department shall apply compliance requirements and monitoring functions consistently across all division and monitoring teams.
(3) The rate-setting process developed by the state department, counties, and providers and approved by the department of health care policy and financing pursuant to subsection (1) of this section shall include a two- or three-year implementation timeline with implementation beginning in state fiscal year 2008-09.
(4) (a) Repealed.
(b) The department of health care policy and financing and the state department, in consultation with the group of representatives convened by the state department pursuant to section 26-5-104 (6)(e) to review the rate-setting process for child welfare services, shall review the rate-setting process every two years and shall submit any changes to the joint budget committee of the general assembly.
(5) The state department, in collaboration with the behavioral health administration and the department of health care policy and financing, shall develop a capacity plan for whenever a residential treatment facility for children and youth that is licensed by the state department closes or has a substantive change in operation. The state department shall include updates on the capacity plan during the state department's SMART Act hearing.
Source: L. 2005: Entire section added, p. 115, � 1, effective August 8. L. 2006: (1), (3), and (4) amended, p. 1992, � 19, effective July 1. L. 2007: (1)(a), (3), and (4) amended, p. 618, � 3, effective August 3. L. 2010: (1)(a) amended, (SB 10-175), ch. 188, p. 802, � 71, effective April 29. L. 2016: IP(1), (1)(a), and (4) amended, (SB 16-201), ch. 171, p. 541, � 1, effective May 18. L. 2017: (1)(b) amended, (SB 17-242), ch. 263, p. 1331, � 214, effective May 25; (4)(a) amended, (SB 17-234), ch. 154, p. 521, � 7, effective August 9. L. 2018: (1)(a) amended, (HB 18-1094), ch. 343, p. 2044, � 11, effective June 30. L. 2021: IP(1) amended, (SB 21-278), ch. 344. p. 2244, � 5, effective June 25; (1)(b) amended, (HB 21-1021), ch. 256, p. 1511, � 8, effective September 7. L. 2023: (5) added, (HB 23-1269), ch. 377, p. 2266, � 6, effective June 5.
Editor's note: Subsection (4)(a)(II) provided for the repeal of subsection (4)(a), effective January 2, 2020. (See L. 2017, p. 521.)
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
26-1-133. Colorado mental health institute at Pueblo - forensic unit - authority to enter into lease. (Repealed)
Source: L. 2005: Entire section added, p. 1512, � 1, effective June 9. L. 2006: Entire section repealed, p. 287, � 3, effective March 31.
Cross references: For the legislative declaration contained in the 2006 act repealing this section, see section 1 of chapter 91, Session Laws of Colorado 2006.