(1) (a) On or before July 1, 2024, the BHA shall create and implement a process for collecting, analyzing, and addressing behavioral health system grievances across payers, behavioral health administrative services organizations, managed care entities, and providers at a systemic level that leverages and does not duplicate existing grievance resolution programs. The BHA shall analyze grievances to identify and address service delivery gaps and to inform statewide behavioral health system policy.
(b) The BHA shall, at a minimum, track grievances by behavioral health provider, topic, region, managed care entity, behavioral health administrative services organizations, payer source, service, or diagnosis and aggregate demographic data. In order to promote transparency, accountability, and system collaboration, the BHA shall publish, at least annually, aggregated and anonymized data on grievances on a public-facing website.
(c) The BHA shall implement a plan to streamline grievance resolution programs, promote transparency, improve consumer experience, and promote clarity and transparency.
(2) On or before July 1, 2024, the BHA shall solicit input from the behavioral health administration advisory council created pursuant to section 27-50-701, the sub-committees created pursuant to section 27-50-703, and demographically diverse stakeholders to develop a process for addressing individual grievances when traditional grievance programs fail.
(3) The BHA may refer individual grievances to the office of the ombudsman for behavioral health access to care, created pursuant to section 27-80-303, when an individual may require further intervention or support to resolve the grievance in accordance with the charge of the ombudsman.
(4) On or before July 1, 2024, the BHA and state agencies shall execute formal data-sharing agreements addressing data sharing consistent with state and federal requirements, cooperation between the BHA and state agencies, and any other provisions necessary to implement this section. At a minimum, the BHA and the following entities shall execute such agreements:
(a) The ombudsman for medicaid managed care, established in section 25.5-5-406.1;
(b) The ombudsman for behavioral health access to care, designated pursuant to section 27-80-303; and
(c) The child protection ombudsman, appointed pursuant to section 19-3.3-102 (3)(a)(I). All data released by the ombudsman shall comply with section 19-3.3-103.5 (1) and (2).
(5) The BHA may promulgate rules as needed to implement this section.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1453, � 1, effective July 1. L. 2025: (4)(c) amended, (HB 25-1200), ch. 270, p. 1398, � 12, effective August 6.
27-50-109. Centralized digital consent repository working group - duties - report - repeal. (1) The office of e-health innovation in the governor's office shall convene a working group to evaluate the feasibility of creating a centralized digital consent repository that:
(a) Allows patients to provide, extend, deny, and revoke consent for sharing their medical data and information between physical and behavioral health-care providers, family members, community organizations, payers, and state agencies at any time;
(b) Enhances care coordination among patients, providers, and family members; and
(c) Ensures patient data is accurately recorded and securely stored.
(2) The working group shall:
(a) Review the state's existing efforts to develop a centralized digital consent repository;
(b) Determine the process required to establish a centralized digital consent repository;
(c) Evaluate the potential cost of implementing a centralized digital consent repository;
(d) Identify the infrastructure needed to establish a centralized digital consent repository;
(e) Identify best practices for protecting patient data;
(f) Identify solutions for the secure storage of data and for patient and provider access to the data;
(g) Discuss the role of the centralized digital consent repository in crisis situations and how to ensure emergent information is communicated in a timely manner between a patient, a provider or facility, and other authorized persons;
(h) Engage with the department of regulatory agencies regarding implementation of the release forms; and
(i) Make recommendations on any other topics the working group deems relevant.
(3) The working group may consult with additional stakeholders and experts as needed to inform the working group's discussions and to answer questions to assist the working group in finalizing its findings and recommendations.
(4) The working group must include individuals with legal expertise regarding 42 CFR 2, or successor federal regulations, and HIPAA; a representative from the BHA; a representative of a health information organization network; a representative of a hospital; licensed behavioral health providers, including behavioral health safety net providers; substance use providers; representatives of consumer advocacy organizations; representatives of disability advocacy organizations; and any other individuals that the office of e-health innovation determines are necessary.
(5) Beginning September 1, 2024, the working group shall meet at least once in each quarter of the calendar year to develop the report created pursuant to subsection (6) of this section.
(6) (a) On or before January 1, 2026, the working group shall submit a report including recommendations regarding the feasibility of creating a centralized digital consent repository to the house of representatives health and human services committee, the senate health and human services committee, and the joint technology committee, or their successor committees.
(b) The office of e-health innovation shall make the report available to the public on the office's website.
(7) This section is repealed, effective September 1, 2026.
Source: L. 2024: Entire section added, (HB 24-1217), ch. 264, p. 1737, � 2, effective May 28.