(1) (a) The BHA may contract with cities and counties for the creation, maintenance, or expansion of criminal justice diversion programs. The goal of each program created pursuant to this section should be to connect first responders with behavioral health providers to assist individuals in need of behavioral health intervention or to divert individuals from the criminal justice system.
(b) The BHA may require criminal justice diversion programs contracted pursuant to subsection (1)(a) of this section to participate as a mobile crisis service in the behavioral health crisis response system, created pursuant to section 27-60-103.
(2) On or before November 1, 2021, and on or before each November 1 thereafter, the BHA shall include an update regarding the current status of funding and the criminal justice diversion programs implemented pursuant to this section in its report to the judiciary committees of the senate and the house of representatives, the health and human services committee of the senate, the public and behavioral health and human services committee of the house of representatives, or any successor committees, as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentation required by section 2-7-203.
(3) The state board of human services, created in section 26-1-107, may promulgate rules to implement the provisions of this section.
Source: L. 2020: Entire section added, (HB 20-1017), ch. 288, p. 1426, � 10, effective September 14. L. 2022: (1) and (2) amended, (HB 22-1278), ch. 222, p. 1524, � 93, effective July 1.
27-60-107. Behavioral health entity licenses - assistance - transfer of staff. (Repealed)
Source: L. 2019: Entire section added, (HB 19-1237), ch. 413, p. 3637, � 2, effective August 2. L. 2022: Entire section repealed, (HB 22-1278), ch. 222, p. 1524, � 94, effective July 1.
27-60-108. Peer support professionals - cash fund - fees - requirements - rules - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that:
(I) Peer support professionals help people achieve their recovery goals through shared understanding, respect, and empowerment. Peer support offers a form of acceptance, understanding, and validation not often found in other professional relationships.
(II) The federal centers for medicare and medicaid services recognize that peer support professionals can be an important component in a state's delivery of effective mental health and substance use disorder treatment;
(III) Peer support services can cut hospitalizations, increase a person's engagement in self-care and wellness, and help to decrease a person's psychotic symptoms;
(IV) The COVID-19 pandemic has exacerbated Colorado's existing behavioral health workforce shortage, particularly in rural areas and communities of color;
(V) Colorado lacks a behavioral health workforce that reflects the culture, ethnicity, sexual orientation, gender identity, mental health service experiences, and substance use disorder experiences of individuals in the state;
(VI) In the past two years, the number of people who have needed but have not received behavioral health services has nearly doubled. Challenges to the workforce is considered the leading cause for the decreased availability of behavioral health services. Peer support professionals can help fill Colorado's workforce need.
(VII) The substance abuse and mental health services administration has identified peer-run organizations as an evidence-based practice. Peer-run organizations may offer a variety of services, including but not limited to:
(A) Peer-run drop-in centers;
(B) Recovery and wellness centers;
(C) Employment services;
(D) Prevention and early intervention activities;
(E) Peer mentoring for children and adolescents;
(F) Warm lines; or
(G) Advocacy services.
(VIII) Peer-run organizations, including recovery community organizations, are important components in Colorado's behavioral health system. These organizations help individuals define their life goals and find a unique path toward recovery in a holistic manner.
(b) The general assembly finds, therefore, that it is in the best interest of the state to support the peer support professional workforce through the creation of peer-run recovery support services organizations. Peer-run and peer-led organizations will help expand peer support services throughout the state, expand the behavioral health workforce, and save the state money by reducing the need for crisis services.
(2) As used in this section, unless the context otherwise requires:
(a) Licensed mental health provider means a:
(I) Mental health professional licensed or certified pursuant to article 245 of title 12, except for unlicensed psychotherapists pursuant to article 245 of title 12;
(II) Advanced practice registered nurse registered pursuant to section 12-255-111 with training in substance use disorders or mental health;
(III) Physician assistant licensed pursuant to section 12-240-113 with specific training in substance use disorders or mental health;
(IV) Psychiatric technician licensed pursuant to article 295 of title 12; and
(V) Medical doctor or doctor of osteopathy licensed pursuant to article 240 of title 12.
(b) Peer support professional means a peer support specialist, recovery coach, peer and family recovery support specialist, peer mentor, family advocate, or family systems navigator who meets the qualifications described in subsection (3)(a)(III) of this section.
(c) Recovery support services organization means an independent entity led and governed by representatives of local communities of recovery and approved by the commissioner pursuant to subsection (3)(a) of this section.
(3) (a) On or before July 1, 2022, the BHA shall develop a procedure for recovery support services organizations to be approved by the commissioner for reimbursement pursuant to this section. The procedures must ensure that the recovery support services organization:
(I) Provides recovery-focused services and supports;
(II) Employs or contracts with a licensed mental health provider to administer on-going supervision of peer support professionals employed by recovery support services organizations. The licensed mental health provider must be in good standing and must demonstrate having received formal training specific to the provision of peer support services and supervision of peer support professionals;
(III) Employs or contracts with peer support professionals who must:
(A) Self-identify as having experienced the process of recovery from a mental health disorder, substance use disorder, trauma, or one or all of such conditions, either as a consumer of recovery services or as the parent or a family member of the consumer;
(B) Have successfully completed formal training covering all content areas outlined in the core competencies for peer support professionals established by either the BHA or the substance abuse and mental health services administration of the United States department of health and human services; and
(C) Provide nonclinical support services that align with recommendations from the substance abuse and mental health services administration of the United States department of health and human services, including engaging individuals in peer-to-peer relationships that support healing, personal growth, life skills development, self-care, and crisis-strategy development to help achieve recovery, wellness, and life goals;
(IV) Has an established process by which the organization coordinates its services with those rendered by other agencies to ensure an uninterrupted continuum of care to persons with behavioral health disorders; and
(V) Meets any other standards as determined by rule of the executive director.
(b) A peer support professional may provide services for a recovery support services organization in various clinical and nonclinical settings, including but not limited to:
(I) Justice-involved settings;
(II) Physical health settings, such as pediatrician or obstetric and gynecological health-care offices;
(III) Emergency departments;
(IV) Services delivered via telehealth;
(V) Agencies serving homeless communities;
(VI) Peer respite homes;
(VII) School-based health centers; and
(VIII) Home- and community-based settings.
(c) The commissioner, in collaboration with the department of health care policy and financing, may promulgate rules establishing minimum standards that recovery support services organizations must meet.
(4) The BHA may charge a fee for recovery support services organizations seeking approval pursuant to subsection (3)(a) of this section. If the commissioner charges a fee to recovery support services organizations, the commissioner shall promulgate rules to establish the fee in an amount not to substantially exceed the amount charged to other behavioral health providers seeking approval from the BHA. The BHA shall deposit any fees collected into the peer support professional workforce cash fund created in subsection (6) of this section.
(5) The BHA may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The BHA shall transfer each gift, grant, and donation to the state treasurer, who shall credit the same to the peer support professional workforce cash fund created in subsection (6) of this section.
(6) (a) There is created in the state treasury the peer support professional workforce cash fund, referred to in this section as the fund, which consists of:
(I) Fees collected pursuant to subsection (4) of this section;
(II) Gifts, grants, and donations collected pursuant to subsection (5) of this section; and
(III) Money appropriated to the fund by the general assembly.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not transferred to the general fund or any other fund.
(d) Subject to annual appropriation by the general assembly, the BHA may expend state money from the fund for the purpose of implementing this section.
(7) A peer-run recovery service provider shall not be compelled to seek approval from the BHA to become a recovery support services organization. Expanded service funding available for recovery services through recovery support services organizations is intended to supplement existing state investment in the recovery system infrastructure. The BHA shall fund recovery services, within existing appropriations, including peer-run organizations that do not seek to be recovery support services organizations.
Source: L. 2021: Entire section added, (HB 21-1021), ch. 256, p. 1505, � 1, effective September 7. L. 2022: (2)(c), IP(3)(a), (3)(a)(III)(B), (3)(c), (4), (5), (6)(d), and (7) amended, (HB 22-1278), ch. 222, p. 1524, � 95, effective July 1.
27-60-109. Youth mental health services program - established - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Portal means the website or web-based application described in subsection (4) of this section that facilitates the program.
(b) Program means the youth mental health services program established in this section.
(c) Provider means a licensed psychiatrist regulated pursuant to article 240 of title 12 or any of the following licensees, certified professionals, or candidates regulated pursuant to article 245 of title 12: A licensed psychologist or psychologist candidate; licensed social worker, licensed clinical social worker, or clinical social worker candidate; licensed marriage and family therapist or marriage and family therapist candidate; licensed professional counselor or licensed professional counselor candidate; or licensed addiction counselor, certified addiction specialist, or addiction counselor candidate.
(d) Telehealth has the same meaning set forth in section 10-16-123.
(e) Youth means:
(I) A person eighteen years of age or younger; and
(II) A person who is twenty-one years of age or younger but older than eighteen years of age who is receiving special education services pursuant to part 1 of article 20 of title 22.
(f) Youth participant means a youth who participates in a mental health session that is reimbursed pursuant to the program.
(2) (a) There is established in the behavioral health administration the youth mental health services program to facilitate access to mental health services, including substance use disorder services, for youth to respond to mental health needs identified in an initial mental health screening through the portal. The program reimburses providers for up to three mental health sessions with a youth.
(b) The BHA shall reimburse providers who participate in the program for each mental health session with a youth, either in-person or by telehealth, up to a maximum of three sessions per youth client; except that subject to available money, the BHA may reimburse a provider for additional sessions. To be eligible for reimbursement from the program, a provider must be available to provide three mental health sessions to each youth the provider accepts as a client.
(c) A provider shall maintain client confidentiality pursuant to state or federal law with regard to a youth client who participates in a mental health session with the provider that is reimbursed pursuant to the program.
(3) (a) The BHA shall:
(I) Develop a process consistent with the requirements of this section for providers to apply for, and demonstrate eligibility to receive, reimbursement from the program;
(II) Determine a reasonable rate of reimbursement for each mental health session with a youth client pursuant to the program, which rate must be the same regardless of whether the appointment is a telehealth or in-person appointment; and
(III) Implement a statewide public awareness and outreach campaign about the program. The general assembly encourages the BHA to involve schools, neighborhood youth organizations, health-care providers, faith-based organizations, and any other community-based organizations that interact with youth on the local level in disseminating information about the program.
(b) The state board may promulgate rules necessary for the administration of this section, including rules to protect the privacy of youth who receive services through the program.
(4) (a) The BHA shall enter into an agreement with a vendor to create, or use an existing, website or web-based application as a portal available to youth and providers to facilitate the program. The portal must:
(I) Serve as a platform for initial age-appropriate mental health screenings to determine if a youth may benefit from mental health support;
(II) Allow providers to register and share in-person or telehealth appointment availability;
(III) When possible, connect youth with providers who accept the youth's insurance or payment source that may cover the costs of ongoing mental health treatment, if the youth has insurance or a payment source; and
(IV) Allow a youth, regardless of whether the youth has insurance or any other payment source, to schedule telehealth appointments with a provider. An in-person appointment may be provided if and when available.
(b) Repealed.
(4.5) (a) On or before June 1 of each year, the vendor described in subsection (4) of this section shall deliver to the BHA any of the following, collected during the prior year:
(I) Information about the program collected from surveys of youth participants, parents, and providers; and
(II) Data from evaluations conducted by the vendor about the efficacy of the program, including whether the program is serving the mental health needs of youth participants.
(b) The BHA shall conduct a survey of each provider who participates in the program that solicits feedback about the following:
(I) The met and unmet mental health needs of the youth participants who engaged in treatment with the provider;
(II) Whether the provider made referrals for youth participants for additional services beyond what is provided pursuant to the program; and
(III) Any other elements of the program.
(c) This subsection (4.5) does not authorize the BHA, a provider, a vendor, or any other person to violate applicable federal or state patient privacy laws.
(5) On or before June 30 of each year, the state department shall report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, regarding the number of youth who received services under the program, excluding any personally identifiable information in accordance with state and federal law; information in aggregate about the services provided to youth under the program; other relevant information regarding the program; and the information reported to the BHA by the vendor pursuant to subsection (4.5) of this section.
(5.5) Repealed.
(6) This section is repealed, effective June 30, 2034.
Source: L. 2021: Entire section added, (HB 21-1258), ch. 265, p. 1542, � 2, effective June 18. L. 2022: (5) and (6) amended and (5.5) added, (HB 22-1243), ch. 189, p. 1263, � 3, effective May 19; (2)(a), (2)(b), IP(3)(a), (3)(a)(III), (3)(b), and IP(4)(a) amended, (HB 22-1278), ch. 222, p. 1525, � 96, effective July 1. L. 2024: (1)(b), (2)(a), (5), and (6) amended, (1)(f) and (4.5) added, and (4)(b) repealed, (SB 24-001), ch. 367, p. 2469, � 1, effective June 4.
Editor's note: Subsection (5.5)(c) provided for the repeal of subsection (5.5), effective June 30, 2024. (See L. 2022, p. 1263).
Cross references: For the legislative declaration in HB 21-1258, see section 1 of chapter 265, Session Laws of Colorado 2021. For the legislative declaration in HB 22-1243, see section 1 of chapter 189, Session Laws of Colorado 2022.
27-60-110. Behavioral health-care services for rural and agricultural communities - vouchers - contract - appropriation. (1) No later than one hundred eighty days after June 28, 2021, the BHA, in collaboration with the department of agriculture, shall contract with a nonprofit organization primarily focused on serving agricultural and rural communities in Colorado, as identified by the BHA, to provide vouchers to individuals living in rural and frontier communities in need of behavioral health-care services.
(2) The nonprofit organization awarded the contract pursuant to subsection (1) of this section shall:
(a) Contract with licensed behavioral health-care providers that have completed training on cultural competencies specific to the Colorado agricultural and rural community lifestyle to provide direct behavioral health-care services to farmers, ranchers, farm and ranch workers and their families, and other underserved populations in rural and agricultural communities. At least sixty percent of the money received pursuant to the contract must be used for direct behavioral health-care services described in this subsection (2)(a).
(b) Develop training materials and train behavioral health-care providers on cultural competencies specific to the Colorado agricultural and rural community lifestyle.
(3) For the 2021-22 fiscal year, and each fiscal year thereafter, the general assembly shall annually appropriate fifty thousand dollars for the contract awarded pursuant to subsection (1) of this section.
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2367, � 14, effective June 28. L. 2022: (1) amended, (HB 22-1278), ch. 222, p. 1526, � 97, effective July 1.
Cross references: For the short title (Behavioral Health Recovery Act of 2021) and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.
27-60-111. County-based behavioral health grant program - created - report - rules - repeal. (Repealed)
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2368, � 15, effective June 28. L. 2022: (1), (2)(o), (3), (4), (6), (7), (8), and (9) amended, (HB 22-1278), ch. 222, p. 1526, � 98, effective July 1.
Editor's note: Subsection (10) provided for the repeal of this section, effective July 1, 2023. (See L. 2021, p. 2368.)
27-60-112. Behavioral health-care workforce development program - creation - rules - report. (1) There is created in the behavioral health administration the behavioral health-care workforce development program, referred to in this section as the program. The purpose of the program is to increase the behavioral health-care workforce's ability to treat individuals, including youth, with severe behavioral health disorders.
(2) To implement the program, the BHA shall:
(a) Develop an online training system that allows for accessible statewide training opportunities;
(b) (I) Develop an online training curriculum for providers in rural and metro areas to increase competencies in mental health and substance use disorders that will support a high-quality, trained, culturally responsive, and diverse behavioral health-care workforce.
(II) The office shall also:
(A) Develop a process to track, store, and create reports concerning the training and continuing education in the curriculum developed pursuant to subsection (2)(b)(I) of this section and to track providers' completion of in-person and virtual training offered pursuant to this subsection (2)(b); and
(B) Collaborate with credentialing entities to track peer support professionals in the state.
(c) Provide fiscal incentives for lower income individuals to obtain a degree in behavioral health, with funding specifically targeted for rural areas of the state;
(d) Provide training to the existing behavioral health-care workforce to be certified in federally reimbursed services; and
(e) Provide capacity-building grants to diversify the safety net provider workforce and meet the requirements of part 3 of article 50 of this title 27.
(3) The state board may promulgate rules as necessary for the implementation of this section.
(4) For the state fiscal year 2021-22 and each state fiscal year thereafter for which the program receives funding, the BHA shall report a summary of the expenditures from the program, the impact of the expenditures in increasing the behavioral health-care workforce, and any recommendations to strengthen and improve the behavioral health-care workforce as part of its annual presentation to the general assembly required under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2370, � 16, effective June 28. L. 2022: (1), IP(2), (2)(e), (3), and (4) amended, (HB 22-1278), ch. 222, p. 1528, � 99, effective July 1; (2)(b) amended, (SB 22-181), ch. 452, p. 3252, � 5, effective July 1.
Editor's note: Section 38 of chapter 362 (SB 21-137), Session Laws of Colorado 2021, provides that section 16 of the act adding this section takes effect only if SB 21-288 becomes law and takes effect either upon the effective date of SB 21-137 or one day after the passage of SB 21-288, whichever is later. SB 21-288 became law and took effect June 11, 2021, and SB 21-137 took effect June 28, 2021.
Cross references: (1) For the short title (Behavioral Health Recovery Act of 2021) and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.
(2) For the legislative declaration in SB 22-181, see section 1 of chapter 452, Session Laws of Colorado 2022.
27-60-113. Out-of-home placement for children and youth with mental or behavioral needs - rules - report - legislative declaration - repeal. (Repealed)
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2371, � 17, effective June 28. L. 2022: Entire section repealed, (HB 22-1283), ch. 185, p. 1244, � 4, effective May 18; (2) amended, (HB 22-1295), ch. 123, p. 863, � 115, effective July 1.
Editor's note: (1) Subsection (2) was amended in HB 22-1295. Those amendments were superseded by the repeal of this section in HB 22-1283.
(2) This section was relocated to � 26-5-117.
Cross references: (1) For the short title (Behavioral Health Recovery Act of 2021) and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.
(2) For the legislative declaration in HB 22-1283, see section 1 of chapter 185, Session Laws of Colorado 2022.
27-60-114. Colorado land-based tribe behavioral health services grant - creation - funding - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Colorado land-based tribe means the southern Ute Indian tribe and the Ute mountain Ute tribe.
(b) Grant applicant means the southern Ute Indian tribe, the Ute mountain Ute tribe, or any authorized department, division, or affiliate thereof that applies for the grant pursuant to this section.
(c) Grant program means the Colorado land-based tribe behavioral health services grant program created in subsection (2) of this section.
(d) Grant recipient means the southern Ute Indian tribe, the Ute mountain Ute tribe, or any authorized department, division, or affiliate thereof that is awarded the grant pursuant to this section.
(2) There is created in the state department the Colorado land-based tribe behavioral health services grant program to provide funding to one or more Colorado land-based tribes to support capital expenditure for the renovation or building of a behavioral health facility to provide behavioral and mental health services as the grant recipient may deem appropriate, which services may include inpatient services and transitional housing to principally or fully serve American Indian and Alaska native individuals, including those who may be eligible for Indian health service benefits.
(3) The grant recipient may use the money received through the grant program for capital expenditure costs associated with renovating an existing behavioral health facility or building a new behavioral health facility to provide behavioral health services as the grant recipient may deem appropriate, which may include inpatient behavioral health services and transitional housing, to principally serve the American Indian and Alaska native patients including those who may be eligible for Indian health service benefits. Subject to available appropriations, the state department shall implement and administer the grant program and shall award the grant to the grant recipient in an amount not greater than five million dollars.
(4) An eligible Colorado land-based tribe may apply to the state department in accordance with the procedures, time frames, and requirements set by the state department to receive money through the grant program.
(5) The state department shall review applications received from grant applicants pursuant to this section.
(6) To receive a grant, a grant applicant must submit an application to the state department in the form prescribed by the state department.
(7) The state department may select a grant recipient to receive the grant under this grant program in an amount not greater than five million dollars.
(8) To be eligible to receive a grant, a grant applicant that requests grant money that originates from the money the state received from the coronavirus state fiscal recovery fund must submit to the state department a written justification as set forth in 31 CFR 35.6 (b)(4) for the capital expenditure; except that this requirement does not apply if the state department determines that the written justification is not required based on how the expenditures authorized pursuant to this section will be reported to the United States department of the treasury. For money that did not originate from the money the state received from the coronavirus state fiscal recovery fund, a written justification is not required, except as the state department determines necessary to comply with federal written justification requirements.
(9) The state department and the grant recipient shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(10) For state fiscal year 2022-23, the general assembly shall appropriate five million dollars from the behavioral and mental health cash fund created in section 24-75-230 to the state department to be used for the purposes of this section.
(11) The state department shall distribute the grant money to the grant recipient within thirty days after the grant recipient submits a written justification specified in subsection (8) of this section but not later than December 31, 2024. The grant recipient shall spend or obligate all grant money awarded to the grant recipient in accordance with section 24-75-226 (4)(d).
(12) This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (SB 22-148), ch. 217, p. 1428, � 2, effective May 24. L. 2024: (8) and (11) amended, (HB 24-1466), ch. 429, p. 2944, � 38, effective June 5.
Cross references: For the legislative declaration in SB 22-148, see section 1 of chapter 217, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
27-60-115. Behavioral health feasibility study - authority to contract - report - definitions - appropriation. (1) As used in this section, unless the context otherwise requires:
(a) Community-based services means services related to the treatment of serious mental illness that includes, but is not limited to, peer-delivered services, housing options, vocational services, services that address social determinants of health, and services provided by psychiatric prescribers, drop-in centers, and assertive community treatment teams.
(b) Serious mental illness means one or more substantial disorders of cognitive, volitional, or emotional processes that grossly impair judgment or capacity to recognize reality or to control behavior and that substantially interfere with the person's ability to meet the ordinary demands of daily living. Serious mental illness includes, but is not limited to, a psychotic disorder, bipolar disorder, major depressive disorder, or any diagnosed mental disorder, except for substance use disorder, currently associated with serious impairment of psychological, cognitive, or behavioral functioning.
(2) The office that oversees civil and forensic mental health in the state department shall contract with an independent third party to conduct a feasibility study focusing on the intersection of Colorado's behavioral health service availability and judicial system to determine the feasibility of establishing a system to support individuals with serious mental illness' access to voluntary and involuntary behavioral health care and housing support services.
(3) The state department, in coordination with the behavioral health administration, department of local affairs, department of public safety, department of health care policy and financing, judicial department, and other state agencies, as needed, shall determine the qualifications for the independent third party and the process for interested independent third parties to apply.
(4) At a minimum, the state department shall consider and determine the following on a statewide basis when developing criteria for the feasibility study:
(a) The number of unhoused persons living with serious mental illness;
(b) The current bed capacity for inpatient and residential psychiatric units;
(c) The current maximum capacity of forensic and civil beds;
(d) The current bed capacity for short-term hospital stays and long-term hospital stays;
(e) The current bed capacity for step-down facilities and transitional housing, including, but not limited to, outpatient units with supportive services for persons living with serious mental illness, including supportive permanent housing;
(f) The average monthly wait list for each bed category stated in subsections (4)(b) to (4)(e) of this section;
(g) Appropriate readmission data for people who are cycling in and out of short-term psychiatric hospital stays;
(h) Barriers due to payment sources in accessing treatment beds;
(i) The current behavioral health-care workforce shortage numbers;
(j) The current capacity of community-based services relevant for persons living with serious mental illness;
(k) The gaps between the number of unhoused persons living with serious mental illness and current statewide infrastructure concerning the information described in subsections (4)(a) to (4)(j) of this section;
(l) The cost to the state if the state provides funding to allow longer than fifteen-day treatment stays under the current behavioral health system, regardless of the individual's ability to pay;
(m) The capacity of the judicial system, including the civil system, by judicial district, to meet existing demand for diversion, court-ordered care plans, petitions of court-ordered plans, and guardianship proceedings;
(n) The judicial processes related to diversion, court-ordered care plans, petitions of court-ordered plans, guardianship proceedings, and ensuring constitutional rights;
(o) The current demand and capacity for statewide guardianship services disaggregated by public and private guardianship;
(p) Methodology that illustrates potential cost savings and cost avoidance associated with diversion, treatment, community-based services, and supportive housing interventions;
(q) Perspectives of individuals with lived experiences;
(r) Detailed information about approaches currently being used in Colorado to connect unhoused individuals experiencing serious mental illness with outpatient treatment, supportive services and housing, such as co-responder programs, competency courts, and other interventions; and
(s) Detailed information about approaches other states are taking to remedy the issues and concerns identified by exploring the items listed in this subsection (4).
(5) On or before March 1, 2024, the state department shall submit a report detailing the findings and recommendations from the feasibility study to the general assembly, the governor's office, and any impacted state agency that includes, but is not limited to, the behavioral health administration, department of local affairs, department of public safety, and judicial department.
(6) For the 2023-24 state fiscal year, the general assembly shall appropriate three hundred thousand dollars, with one hundred and sixty thousand dollars appropriated from the general fund and one hundred and forty thousand dollars appropriated from the behavioral and mental health cash fund created in section 24-75-230, to the state department for the purpose of conducting the behavioral health feasibility study pursuant to this section. Any unexpended money remaining at the end of the 2023-24 state fiscal year from this appropriation does not revert to the general fund or any other fund, may be used by the state department in the 2024-25 state fiscal year without further appropriation, and must not be used for any other purpose other than the purpose set forth in this section.
Source: L. 2023: Entire section added, (HB 23-1153), ch. 283, p. 1672, � 1, effective May 30.
27-60-116. Withdrawal management facilities - data collection - approval of admission criteria - definition. (1) (a) No later than July 1, 2025, the behavioral health administration shall collect data from each withdrawal management facility on the total number of individuals who were denied admittance or treatment for withdrawal management during the previous calendar year and the reason for the denial.
(b) The BHA shall share the data received from withdrawal management facilities pursuant to subsection (1)(a) of this section with behavioral health administrative services organizations.
(2) Beginning January 1, 2025, the BHA shall review and approve any admission criteria established by a withdrawal management facility, as defined in section 27-66.5-102.
(3) As used in this section, withdrawal management facility has the same meaning as set forth in section 27-66.5-102.
Source: L. 2024: Entire section added, (HB 24-1045), ch. 470, p. 3288, � 22, effective August 7 (see editor's note).
Editor's note: Section 32 of chapter 470, (HB 24-1045), Session Laws of Colorado 2024, provides that subsection (1)(b) takes effect July 1, 2025, and the remainder of the section takes effect August 7, 2024.
27-60-117. Crisis response continuum of care - reimbursement shortages and gaps - report - repeal. (1) On or before January 1, 2027, the behavioral health administration, in collaboration with the department of health care policy and financing, shall provide information to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees, and any impacted state agency, regarding the reimbursement shortages and gaps within the continuum of care for behavioral health crisis response, and reimbursement and funding options at the state and federal level that are available to address shortages and gaps, including funding for treatment in place.
(2) This section is repealed, effective June 30, 2027.
Source: L. 2025: Entire section added, (SB 25-042), ch. 28, p. 158, � 2, effective August 6.