As used in this part 5, unless the context otherwise requires:
(1) Behavioral health administration or BHA means the behavioral health administration established in section 27-60-203.
(2) Behavioral health administrative services region means a behavioral health administrative services region designated by the BHA commissioner after consultation with the department of health care policy and financing and consideration of the regional structure that serves the medicaid population.
(3) Behavioral health-care services assessment tool means the assessment tool described in section 27-60-502 (1)(c) developed by the BHA to identify regional gaps in behavioral health-care services.
(4) Care access point means a location at which a person seeking behavioral health care can receive care coordination.
(5) Community-based organization means a nonprofit or for-profit organization that provides behavioral health-care services.
(6) Grant program means the community behavioral health-care continuum gap grant program established in section 27-60-502.
(7) Local education provider means a school district, a charter school authorized pursuant to part 1 of article 30.5 of title 22, an institute charter school authorized pursuant to part 5 of article 30.5 of title 22, or a board of cooperative services as defined in section 22-5-103.
(8) Local government means a county, municipality, city and county, or local education provider.
(9) Medication-assisted treatment or MAT has the same meaning as set forth in section 23-21-803.
(10) Nonprofit organization means an organization that is exempt from taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended.
Source: L. 2022: Entire part added, (HB 22-1281), ch. 182, p. 1212, � 2, effective May 18.
27-60-502. Behavioral health-care continuum gap grant program - established - rules. (1) (a) There is established in the behavioral health administration the behavioral health-care continuum gap grant program to provide grants to local governments, community-based organizations, and nonprofit organizations for programs and services along the behavioral health-care continuum in areas of highest need, including children-oriented, youth-oriented, and family-oriented behavioral health-care services.
(b) (I) The behavioral health administration shall administer the grant program. The BHA shall create a grant application process and make the process publicly available on its website prior to accepting applications. The BHA shall begin accepting grant applications no later than December 31, 2022.
(II) The BHA shall provide grant application support to an applicant, upon request, from a grant application writing professional who is independent from the grant program.
(III) In connection with the review of grant applications and awards, the BHA shall solicit input from a diverse stakeholder group that reflects the geographic and demographic diversity of the entire state, including members from rural and urban areas, and members of diverse racial, disability, and cultural groups and of diverse sexual orientations and genders.
(c) The BHA shall develop a behavioral health-care services assessment tool to identify regional gaps in behavioral health and substance use disorder services, underserved populations, and unmet behavioral health needs on the behavioral health-care service continuum. The BHA shall make the assessment tool publicly available on its website prior to accepting applications for a grant pursuant to this part 5. The BHA shall make technical assistance available to eligible entities that need assistance using the assessment tool.
(d) In administering the grant program, the BHA may award the following types of grants:
(I) Community investment grants, as described in subsection (2) of this section, to address identified local behavioral health-care needs along the continuum of behavioral health care, including services for adults or families with acute, complex, or severe conditions and needs; and
(II) Children, youth, and family services grants, as described in subsection (3) of this section, to expand children-oriented, youth-oriented, and family-oriented behavioral health-care services to address identified local behavioral health-care needs along the continuum of behavioral health care, including services for children, youth, and families with acute, complex, or severe conditions and needs.
(2) Community investment grants. (a) As part of the grant program, the BHA shall award grants to invest in and address identified behavioral health-care needs in the grant applicant's community.
(b) A community-based organization, local government, federally recognized Indian tribe, or nonprofit organization is eligible for a community investment grant.
(c) (I) A community investment grant award must be used:
(A) For evidence-based or evidence-informed services along the behavioral health-care continuum, including prevention, treatment, crisis services, recovery, harm reduction, care navigation and coordination, trauma recovery, trauma-informed training, training on providing services in a culturally responsive manner, transitional housing, supportive housing, and recovery homes;
(B) For capital expenditures related to providing evidence-based or evidence-informed services, which may include the creation or redesign of mental health inpatient beds, emergency room beds for mental health crisis patients, outpatient mental health beds, and step-down facilities connected with a hospital;
(C) To expand capacity for existing treatment, programs, or services within the grant recipient's jurisdiction or service area; and
(D) For a new capital construction project that has progressed through the design review process, has obtained approval for applicable development and building permits, provides access to multiple critical services in one central location within the community served, is easily accessible by first responders and community members, and demonstrates strong community support.
(II) A grant recipient that is a primary care provider, withdrawal management provider, outpatient substance use treatment provider, or hospital may use a grant award to create a program commonly known as treatment on demand to prepare providers to offer same-day access to initiate medication-assisted treatment, substance use counseling, peer support, and navigation services. As part of a treatment-on-demand program, a grant award may be used for:
(A) Technical assistance to redesign access and improve efficiencies that would make treatment accessible on a same-day basis, including education of providers on determination of levels of care as described by the American Society of Addiction Medicine;
(B) Developing protocols and credentialing providers to initiate psychopharmacological treatments; or
(C) Recruiting and training peer support professionals to act as navigators and advocates for individuals and developing partnerships across levels of care to facilitate transfers of care from hospital and withdrawal management programs to ongoing treatment.
(3) Children, youth, and family services grants. (a) As part of the grant program, the BHA shall award children, youth, and family services grants to expand children-oriented, youth-oriented, and family-oriented behavioral health-care services with the goal of establishing a care access point in each behavioral health administrative services region.
(b) A community-based organization; local government; federally recognized Indian tribe; local collaborative management programs, as described in section 24-1.9-102; local juvenile services planning committee created pursuant to section 19-2.5-302; or nonprofit organization is eligible for a children, youth, and family services grant.
(c) A children, youth, and family services grant award may be used for:
(I) Establishing and operating a children-oriented, youth-oriented, and family-oriented care access point that is physically connected to a family resource center, as defined in section 26-18-102, or a facility that provides behavioral health-care treatment;
(II) Children-oriented, youth-oriented, and family-oriented behavioral health-care navigation and coordination services;
(III) Expanding evidence-based or evidence-informed behavioral health-care treatment, including substance use disorder treatment, for children, youth, and families;
(IV) Intensive outpatient services, including high-fidelity wraparound youth mobile response and expanded caregiver interventions; and
(V) Capital expenditures related to providing the treatment and services described in this subsection (3)(c).
Source: L. 2022: Entire part added, (HB 22-1281), ch. 182, p. 1213, � 2, effective May 18. L. 2024: (2)(c)(I) amended, (HB 24-1176), ch. 251, p. 1660, � 1, effective May 24.
27-60-503. Grant program application - criteria - contributing resources - award - rules. (1) In order to receive a grant, an entity must use the behavioral health-care services assessment tool or a county, regional, or community assessment tool to identify gaps in behavioral health-care services in the behavioral health administrative services region served by the grant award and submit an application to the BHA. At a minimum, the application must include:
(a) Whether the grant is a community investment grant, as described in section 27-60-502 (2), or a children, youth, and family services grant, as described in section 27-60-502 (3);
(b) The requested amount of the grant award and a description of the service that will be provided with the grant award;
(c) A demonstration of the need for the service that will be provided, including whether the service addresses a gap in services identified by the applicant;
(d) A demonstration that the applicant has collaborated or communicated with relevant community-based organizations and with a local government in which services will be offered;
(e) The source of contributing funds or in-kind contributing resources, as described in subsection (3) of this section, or whether the applicant is requesting a waiver from the contributing funds or in-kind contributing resources requirement;
(f) Whether the intended use of the grant award aligns with a regional opioid settlement plan, if applicable, or a local public health needs assessment for the area in which the services will be provided;
(g) A plan to sustain the services provided with a grant award beyond the duration of the grant, if applicable;
(h) A description of the applicant's experience in providing culturally competent and gender responsive services, and whether the applicant is representative of the individuals the applicant seeks to serve with the grant; and
(i) Any other information required by the state department.
(2) The BHA shall accept and review grant applications and award grants. In awarding grants, the BHA shall consider the criteria described in subsection (1) of this section and shall give preference to applicants providing a service that addresses a gap in behavioral health or substance use disorder services identified by the applicant with the behavioral health-care services assessment tool.
(3) (a) The BHA shall only award grants to applicants that offer a monetary contribution or in-kind contributions that directly support the services provided with a grant award. In determining the amount of contributing resources required for an applicant, the BHA shall consider the size of the applicant organization, including available staff and annual operating budget. The BHA may waive the contributing resources requirement for an applicant that is requesting a grant award of less than fifty thousand dollars.
(b) In determining whether an applicant has identified a gap in services on the behavioral health-care service continuum, the BHA shall accept the results of an assessment conducted by the applicant with the behavioral health-care services assessment tool developed by the BHA or a county, regional, or community assessment tool that demonstrates gaps in services.
(c) A program funded by a grant award must comply with the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended, and serve individuals with a disability, as defined in the federal act, regardless of primary diagnosis, co-occurring conditions, or if the individual requires assistance with activities of daily living, as defined in section 12-270-104.
(4) (a) A grant recipient must spend or obligate any grant money in accordance with section 24-75-226 (4)(d).
(b) A grant recipient may use no more than ten percent of a grant award for administrative costs associated with receipt of the grant award.
Source: L. 2022: Entire part added, (HB 22-1281), ch. 182, p. 1215, � 2, effective May 18; (4)(a) amended, (HB 22-1411), ch. 271, p. 1960, � 19, effective May 27.