General Provisions

C.R.S. tit. 27, art. 60
in effect

C.R.S. § 27-60-100.3 Definitions

27-60-100.3. Definitions. As used in this article 60, unless the context otherwise requires: (1) "Behavioral health" refers to an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health problems and disorders include substance use disorders, serious psychological distress, suicide, and other mental health disorders. Problems ranging from unhealthy stress or subclinical conditions to diagnosable and treatable diseases are included in the term "behavioral health". The term "behavioral health" is also used to describe service systems that encompass prevention and promotion of emotional health, prevention and treatment services for mental health and substance use disorders, and recovery support. (1.1) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102. (1.3) "Commissioner" means the commissioner of the behavioral health administration. (1.5) "Criminal justice diversion program" means a program created pursuant to section 27-60-106.5 or programs operated by cities or counties that connect law enforcement officers with behavioral health providers to assist individuals in need of behavioral health interventions or to divert individuals from the criminal justice system. (2) "Crisis intervention services" means the array of behavioral health crisis services that are funded by public or private sources and exist to serve individuals who are experiencing a behavioral health crisis. (3) "Crisis response system" means the behavioral health crisis response system developed and implemented pursuant to this article 60. (4) "Crisis response system contractor" means an entity that has been awarded a contract to provide one or more crisis intervention services pursuant to section 27-60-103. (4.7) Repealed. (5) "State board" means the state board of human services created and authorized pursuant to section 26-1-107. (6) "State department" means the state department of human services created pursuant to section 26-1-105.

C.R.S. § 27-60-101 Behavioral health crisis response system - legislative declaration

27-60-101. Behavioral health crisis response system - legislative declaration. (1) (a) The general assembly finds and declares that: (I) There are people in Colorado communities who are experiencing behavioral health crises and need professional behavioral health crisis care or urgent psychiatric care from skilled mental health clinicians and medical professionals who excel at providing compassionate behavioral health crisis intervention and stabilization; (II) A behavioral health crisis can happen any hour of the day and any day of the week; (III) Persons in a behavioral health crisis frequently come in contact with community first responders who are often unable to provide necessary behavioral health interventions or who must transport these persons in a behavioral health crisis to emergency rooms for services, or, in cases where a crime is alleged, to jail; (IV) Colorado ranks fiftieth in the nation in the number of inpatient psychiatric beds; (V) Fewer than one-half of the persons who are in a behavioral health crisis and are taken to an emergency room are admitted for inpatient hospitalization, meaning that thousands of people each year return to community streets with little, if any, crisis intervention or treatment for behavioral health disorders; and (VI) Significant time and resources are required of community first responders in addressing persons in a behavioral health crisis and, in many cases, this community response is neither timely nor safe for the person in crisis nor cost-efficient for the state. (b) The general assembly therefore finds that a coordinated behavioral health crisis response system: (I) Serves as a comprehensive and preferred response to behavioral health emergencies throughout Colorado by providing for early intervention and effective treatment of individuals who are experiencing a behavioral health crisis; (I.5) As the appropriate and preferred response to behavioral health crises, eliminates the use of the criminal justice system to hold individuals who are experiencing a mental health crisis and enhances the ability of mental health providers and hospitals to serve individuals who are experiencing a mental health crisis; (II) Provides an appropriate first line of response to individuals in need of an emergency seventy-two-hour mental health hold and utilizes first responders and information technology systems to integrate available behavioral health crisis responses; (III) Should be available in all Colorado communities; (IV) Includes community-based, behavioral health crisis centers where individuals who are experiencing a behavioral health crisis may be stabilized and receive short-term treatment, as clinically appropriate; (V) Decriminalizes mental health disorders by leading the development of a partnership-supported network of crisis services; and (VI) Establishes a statewide framework that creates, strengthens, and enhances community partnerships that will facilitate the preferred response to behavioral health crises, including ensuring that peace officers and other first responders are equipped with a variety of options when they encounter a behavioral health crisis. (c) Therefore, the general assembly declares that it is a matter of statewide concern to incentivize and coordinate existing behavioral health crisis intervention services and to commit resources to expand the crisis response system. (2) Repealed.

C.R.S. § 27-60-102 Civil commitment statute review task force - legislative declaration - creation - duties - repeal

27-60-102. Civil commitment statute review task force - legislative declaration - creation - duties - repeal. (Repealed)

C.R.S. § 27-60-103 Behavioral health crisis response system - services - request for proposals - criteria - reporting - rules - definitions - repeal

27-60-103. Behavioral health crisis response system - services - request for proposals - criteria - reporting - rules - definitions - repeal. (1) (a) The BHA may issue a statewide request for proposals to entities with the capacity to create a coordinated and seamless behavioral health crisis response system to provide crisis intervention services for communities throughout the state. Separate proposals may be solicited and accepted for each of the five components listed in subsection (1)(b) of this section. The crisis response system created through this request for proposals process must be based on the following principles: (I) Cultural competence; (II) Strong community relationships; (III) The use of peer support; (IV) The use of evidence-based practices; (V) Building on existing foundations with an eye toward innovation; (VI) Utilization of an integrated system of care; and (VII) Outreach to students through school-based clinics. (b) The components of the crisis response system must reflect a continuum of care from crisis response through stabilization and safe return to the community, with adequate support for transitions to each stage. Specific components include: (I) A twenty-four-hour telephone crisis service that is staffed by skilled professionals who are capable of assessing child, adolescent, and adult crisis situations and making the appropriate referrals; (II) Walk-in crisis services and crisis stabilization units with the capacity for immediate clinical intervention, triage, and stabilization. The walk-in crisis services and crisis stabilization units must employ an integrated health model based on evidence-based practices that consider an individual's physical and emotional health, are a part of a continuum of care, and are linked to mobile crisis services and crisis respite services. (III) Mobile crisis services and units that are linked to the walk-in crisis services and crisis respite services and that have the ability to initiate a response in a timely fashion to a behavioral health crisis; (IV) Residential and respite crisis services that are linked to the walk-in crisis services and crisis respite services and that include a range of short-term crisis residential services, including but not limited to community living arrangements; and (V) A public information campaign. (1.5) (a) Beginning January 1, 2023, the state department shall create in-home and residential respite care services and facilities for children and families in up to seven regions of the state, as determined by the state department and a committee of interested stakeholders. (b) (I) For the 2022-23 budget year, the general assembly shall appropriate money from the behavioral and mental health cash fund pursuant to section 24-75-230 to the state department to fund in-home and residential respite care across the state as described in this subsection (1.5). (II) The use of money appropriated pursuant to this subsection (1.5) and money that originates from the ARPA refinance state money cash fund, created in section 24-75-226.5, appropriated for the same purpose, must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The state department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d). (III) This subsection (1.5)(b) is repealed, effective September 1, 2027. ed in section 24-75-226.5, appropriated for the same purpose, must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The state department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d). (III) This subsection (1.5)(b) is repealed, effective September 1, 2027. (c) (I) Beginning in state fiscal year 2023-24, money appropriated to the state department for the purpose of this subsection (1.5) must continue the statewide access to crisis system services for children and youth until June 30, 2026. (II) Beginning in the state fiscal year 2022-23, money appropriated to the state department for the purpose of implementing this subsection (1.5) must support residential respite care provided to youth involved in the foster care system. (III) Respite foster care homes must be in compliance with all other applicable rules regulating foster care homes. (d) The state department and any person that receives money from the state department 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). (1.7) Beginning January 1, 2025, the BHA shall use the money transferred to the behavioral and mental health cash fund pursuant to sections 24-75-230 (2)(a) and 39-37-301 (2)(a)(II), to continue and expand access to behavioral health crisis response system services for children and youth in accordance with this article 60. (2) The BHA shall collaborate with the committee of interested stakeholders established in subsection (3) of this section to develop the request for proposals, including eligibility and award criteria. Priority may be given to entities that have demonstrated partnerships with Colorado-based resources. Proposals will be evaluated on, at a minimum, an applicant's ability, relative to the specific component involved, to: (a) Demonstrate innovation based on evidence-based practices that show evidence of collaboration with existing systems of care to build on current strengths and maximize resources; (b) Coordinate closely with community mental health organizations that provide services regardless of the source of payment, such as behavioral health organizations, community mental health centers, regional care collaborative organizations, substance use treatment providers, and managed service organizations; (c) Serve individuals regardless of their ability to pay; (d) Be part of a continuum of care; (e) Utilize peer supports; (f) Include key community participants; (g) Demonstrate a capacity to meet the demand for services; (h) Understand and provide services that are specialized for the unique needs of child and adolescent patients; and (i) Reflect an understanding of the different response mechanisms utilized between mental health and substance use disorder crises. (3) The BHA shall establish a committee of interested stakeholders that will be responsible for reviewing the proposals and awarding contracts pursuant to this section. Representatives from the state department of health care policy and financing must be included in the committee of interested stakeholders. A stakeholder participating in the committee must not have a financial or other conflict of interest that would prevent him or her from impartially reviewing proposals. (4) (a) If additional money is appropriated, the BHA may issue additional requests for proposals consistent with this section and the state procurement code, articles 101 and 102 of title 24. committee of interested stakeholders. A stakeholder participating in the committee must not have a financial or other conflict of interest that would prevent him or her from impartially reviewing proposals. (4) (a) If additional money is appropriated, the BHA may issue additional requests for proposals consistent with this section and the state procurement code, articles 101 and 102 of title 24. (b) If the full appropriation by the general assembly for the implementation of this section is not dispersed as specified in paragraph (a) of this subsection (4), the committee shall accept and review proposals and award contracts as the proposals are received and not require an application be held until a subsequent request for proposals. (5) If necessary, the state board may promulgate rules to implement the provisions of this article 60 or the services to be supplied pursuant to this article 60. (6) (a) Beginning in January 2014, and every January thereafter, the BHA shall report progress on the implementation of the crisis response system, as well as information about and updates to the system, as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203. (b) and (c) Repealed. (7) Repealed. (8) (a) On or before January 1, 2023, in order to promote transparency and accountability, the office shall require each administrative service organization that has twenty-five percent or more ownership by providers of behavioral health services to comply with the following conflict of interest policies: (I) Providers who have ownership or board membership in an administrative service organization shall not have control, influence, or decision-making authority in how funding is distributed to any provider or the establishment of provider networks. (II) The office shall quarterly review an administrative service organization's funding allocation to ensure that all providers are being equally considered for funding. The office is authorized to review any other pertinent information to ensure the administrative service organization is meeting state and federal rules and regulations and is not inappropriately giving preference to providers with ownership or board membership. (III) An employee of a contracted provider of an administrative service organization shall not also be an employee of the administrative service organization unless the employee is a medical director for the administrative service organization. If the medical director is also an employee of a provider that has board membership or ownership in the administrative service organization, the administrative service organization shall develop policies, approved by the commissioner of the behavioral health administration, to mitigate any conflict of interest the medical director may have. (IV) An administrative service organization's board shall not have more than fifty percent of contracted providers as board members, and the administrative service organization is encouraged to have a community member on the administrative service organization's board. (b) If the office is unable to contract with an administrative service organization that meets the requirements of this subsection (8), the office may designate another existing administrative service organization to temporarily provide the services for that region, for up to one year, pending designation of a new administrative service organization. If the office is unable to designate a new administrative service organization, the temporary administrative service organization may continue to provide the regional behavioral health crisis response system services on a year by year basis. ervice organization to temporarily provide the services for that region, for up to one year, pending designation of a new administrative service organization. If the office is unable to designate a new administrative service organization, the temporary administrative service organization may continue to provide the regional behavioral health crisis response system services on a year by year basis. (c) As used in this subsection (8), unless the context otherwise requires: (I) "Medical director" means a physician who oversees the medical care and other designated care and services in an administrative services organization. The medical director may be responsible for helping to develop clinical quality management and utilization management. (II) "Ownership" means an individual who is a legal proprietor of an organization, including a provider or individual who owns assets of an organization, or has a financial stake, interest, or governance role in the administrative services organization.

C.R.S. § 27-60-104 Behavioral health crisis response system - crisis service facilities - walk-in centers - mobile response units - report

27-60-104. Behavioral health crisis response system - crisis service facilities - walk-in centers - mobile response units - report. (1) All behavioral health entities, crisis walk-in centers, acute treatment units, mobile crisis programs, respite services, and crisis stabilization units within the crisis response system, regardless of program licensure, shall meet standards for approval pursuant to section 27-66-105. Facility-based crisis service providers must be approved or designated to adequately care for an individual brought to the facility through the emergency mental health procedure described in section 27-65-106 and be an approved treatment facility pursuant to section 27-81-106. The arrangements for care must be completed through the crisis response system or prearranged partnerships with other crisis intervention services. (2) (a) The BHA shall ensure that mobile response units are available to respond to a behavioral health crisis anywhere in the state within no more than two hours, either face-to-face or using telehealth operations, for mobile crisis evaluations. (b) Mobile crisis services may be delivered by criminal justice diversion programs approved by the BHA or a crisis response system contractor. (3) (a) All walk-in centers throughout the state's crisis response system must be appropriately designated by the commissioner for an emergency mental health hold, adequately prepared, and properly staffed to accept an individual through the procedure outlined in section 27-65-106 or a voluntary application for mental health services pursuant to section 27-65-103 or 27-65-104. Priority for individuals placed under an emergency mental health hold pursuant to section 27-65-106 is on treating high-acuity individuals in the least restrictive environment without the use of law enforcement. (a.5) All crisis walk-in centers throughout the state's crisis response system shall be appropriately licensed, adequately prepared, and properly staffed to provide crisis services to an individual with a substance use disorder, as that term is defined in section 27-81-102, or an individual with a disability, as defined in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, 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. A crisis walk-in center shall prioritize treating high-acuity individuals in the least restrictive environment without the use of law enforcement. (b) The ability of crisis walk-in centers to accept individuals through an emergency mental health hold outlined in section 27-65-106, a voluntary application for substance use disorder services pursuant to section 27-81-109, or a voluntary application for mental health services pursuant to section 27-65-103 or 27-65-104 may include, but is not limited to, purchasing, installing, and using telehealth operations for mobile crisis evaluations in partnership with hospitals, clinics, law enforcement agencies, and other appropriate service providers. (3.5) Mobile crisis programs and crisis walk-in centers shall provide crisis response screening services to any individual seeking such services, including youth of any age and an individual with a disability, as defined in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, 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. All additional or corresponding behavioral health services beyond the crisis response screening must be provided in accordance with all applicable state laws, including, but not limited to, sections 12-245-203.5, 13-22-102, 27-65-103, and 27-65-104. rimary diagnosis, co-occurring conditions, or if the individual requires assistance with activities of daily living, as defined in section 12-270-104. All additional or corresponding behavioral health services beyond the crisis response screening must be provided in accordance with all applicable state laws, including, but not limited to, sections 12-245-203.5, 13-22-102, 27-65-103, and 27-65-104. (4) Rural crisis facilities are encouraged to work collaboratively with other facilities in the region that provide care twenty-four hours a day, seven days a week, to form local arrangements. (5) The BHA shall encourage crisis response system contractors in each region to develop partnerships with the broad array of crisis intervention services through mobile response units and telehealth-capable walk-in centers in rural communities that offer care twenty-four hours a day, seven days a week. (6) The BHA shall ensure crisis response system contractors are responsible for community engagement, coordination, and system navigation for key partners, including criminal justice agencies, emergency departments, hospitals, primary care facilities, behavioral health entities, walk-in centers, and other crisis service facilities. The goals of community coordination are to: (a) Formalize relationships with partners in the contractually defined regions; (b) Pursue collaborative programming for behavioral health services, including, when possible, embedding crisis clinicians and consultants in first response systems; (c) Build close relationships between first responders and dispatch centers and the crisis response system contractor in the region; and (d) Coordinate behavioral health crises interventions in the community as early as possible to promote diversion from the criminal justice system and continuity of care. (6.5) For state fiscal year 2023-24, the BHA shall safeguard partnerships between community-based behavioral health providers and rural hospitals by allocating money to community-based behavioral health providers. (7) The BHA shall explore solutions for addressing secure transportation, as defined in section 25-3.5-103 (11.4), of individuals placed on a seventy-two-hour treatment and evaluation hold pursuant to article 65 of this title 27, and shall include the following information as part of its 2023 "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required pursuant to section 2-7-203: (a) How crisis contractors are facilitating the use of secure transportation or contracting with secure transportation licensees; and (b) How the BHA has supported and encouraged crisis contractors to include secure transportation in the behavioral health crisis response system. (8) The BHA shall ensure consistent training for professionals who have regular contact with individuals experiencing a behavioral health crisis. (9) The BHA shall conduct an assessment of need and capacity of the statewide crisis response system to better understand the state's needs for crisis response and service gaps across the state. (10) (a) The state department shall annually, in August, notify each public and private school in the state about services provided by the behavioral health crisis response system, including but not limited to how to engage with and what to expect from the services, and the possibility of peer-to-peer counseling as a part of the offered services. The state department shall provide behavioral health crisis response system awareness and educational materials to each public and private school in the state. (b) The state department shall collaborate with the department of education, created in section 24-1-115, in identifying public and private schools in Colorado, including but not limited to identifying school contact information.

C.R.S. § 27-60-104.5 Behavioral health capacity tracking system - rules - legislative declaration - definitions

27-60-104.5. Behavioral health capacity tracking system - rules - legislative declaration - definitions. (1) (a) The general assembly finds that: (I) There is a shortage of available beds for psychiatric emergencies, withdrawal management for substance use disorders, and intensive residential inpatient and outpatient behavioral health services in Colorado; (II) Creating a behavioral health capacity tracking system of available treatment capacity and medication-assisted treatment programs would help families, law enforcement agencies, counties, court personnel, and emergency room personnel locate an appropriate treatment option for individuals experiencing behavioral health crises; and (III) Further, a tracking system would decrease the time that individuals wait in emergency rooms, ensure that existing resources are maximized, and increase the likelihood that individuals in crisis receive services closer to their community. (b) Therefore, the general assembly declares that the creation of a behavioral health capacity tracking system is an important tool for addressing behavioral health crises, including connecting individuals to treatment for opioid and other substance use disorders. (2) As used in this section, unless the context otherwise requires: (a) "Consistent noncompliance" means when a provider does not complete daily required capacity updates for two or more consecutive days or has five or more days of noncompliance in any given month. (b) "Tracking system" means the behavioral health capacity tracking system created pursuant to this section. (3) Pursuant to subsection (8) of this section, the BHA shall implement a behavioral health capacity tracking system, which must include the following: (a) A twenty-four-hour, web-based platform; (b) Online access by health-care professionals, law enforcement, and court personnel; (c) Coordination with the telephone crisis service that is part of the behavioral health crisis response system pursuant to section 27-60-103; (d) Required capacity updates, at least daily, unless the facility is a residential facility and capacity has not changed, with a penalty for consistent noncompliance, for facilities listed under subsection (3)(e) of this section; except that opioid treatment programs licensed pursuant to section 27-80-204 are only required to update daily whether the program is accepting new clients; and (e) Capacity reporting for the following facilities and treatment providers statewide: (I) Facilities that provide evaluation and treatment to individuals held under an emergency commitment pursuant to section 27-81-111, an involuntary commitment pursuant to section 27-81-112, or a civil commitment pursuant to section 27-65-106, including crisis stabilization units, acute treatment units, community mental health centers, and hospitals, including state mental health institutes; (II) Inpatient treatment facilities; (III) Residential treatment facilities; (IV) Withdrawal management facilities; and (V) Facilities licensed pursuant to section 27-80-204, including opioid treatment programs and medically managed and clinically managed withdrawal management facilities. (4) In addition to reporting by those facilities listed in subsection (3)(e) of this section, the tracking system may allow any medical provider providing behavioral health treatment as part of the provider's medical practice to participate in the tracking system with prior approval by the BHA. (5) To the extent possible, the tracking system should be designed to collect the following information: (a) The name, address, web address, and telephone number of the facility or treatment program and information as to the process for confirming the current availability of a bed or a slot in a treatment program and for reserving a bed or slot in the facility or treatment program; (b) The license type for the facility or treatment program and the licensed bed capacity of the facility; information: (a) The name, address, web address, and telephone number of the facility or treatment program and information as to the process for confirming the current availability of a bed or a slot in a treatment program and for reserving a bed or slot in the facility or treatment program; (b) The license type for the facility or treatment program and the licensed bed capacity of the facility; (c) The number of beds or slots currently available and staffed for behavioral health services; (d) Admission and exclusion criteria, including gender, age, acuity level, medical complications, diagnoses, or behaviors excluded, such as intellectual or developmental disabilities, aggression, substance use disorders, traumatic brain injury, or history of violence or aggressive behavior; (e) The type of substance for which the facility or treatment program provides treatment; (f) Whether the facility serves involuntary clients; (g) Payer sources accepted by each facility or treatment program; (h) The time and date of the last update of information for the facility or treatment program; and (i) A link to a stable location map. (6) The tracking system is designed to provide immediate and accurate information regarding the availability of facility beds or slots in treatment programs but does not guarantee availability. The user shall be directed to contact the facility or treatment program directly to confirm capacity and to arrange placement. (7) Repealed. (8) Subject to available appropriations, the BHA shall implement a centralized, web-based tracking system as described in this section and shall ensure that appropriate tracking system information is available to the public. The contractor of the twenty-four-hour telephone crisis services provided pursuant to section 27-60-103 shall use the tracking system as an available service resource locator. (9) Repealed. (10) The state board may adopt rules, as necessary, to implement this section.

C.R.S. § 27-60-105 Outpatient restoration to competency services - jail-based behavioral health services - responsible entity - duties - report - legislative declaration

27-60-105. Outpatient restoration to competency services - jail-based behavioral health services - responsible entity - duties - report - legislative declaration. (1) The general assembly finds and declares that: (a) Colorado's statutory scheme does not designate an entity responsible for competency restoration services, nor does it provide a sufficient framework for the provision of outpatient restoration services to adults or juveniles. As a result, there have been deficits and inconsistencies in the administration of the educational component of outpatient competency restoration services and the coordination and integration of that component with existing services and supports to address the underlying causes of incompetency. (b) The lack of a designated responsible entity for competency restoration services in Colorado has caused inconsistency in competency restoration services throughout the state and delays in proceedings that impact the due process rights of juveniles and adults involved in the juvenile and criminal justice systems, as well as the interests of victims; (c) Competency restoration services must be localized and accessible and take into account the public safety, while still allowing for state-level standards and oversight; (d) Competency restoration services for juveniles must be provided in the least restrictive environment, while taking into account the public safety and the best interests of the juvenile; and (e) Many services essential to the restoration of competency can be provided through existing programs using existing funding. However, the current system lacks funding and responsibility for the educational component of competency restoration services and case management to access and leverage available services and supports which, combined, will help ensure an integrated approach to competency restoration for juveniles and adults. (2) The state department serves as a central organizing structure and responsible entity for the provision of competency restoration education services and coordination of competency restoration services ordered by the court pursuant to section 16-8.5-111 (2) or 19-2.5-704 (2), and the behavioral health administration serves as the central organizing structure and responsible entity for jail-based behavioral health services pursuant to section 27-60-106. (3) The state department shall develop standardized juvenile and adult curricula for the educational component of competency restoration services. The curricula must have a content and delivery mechanism that allows the curricula to be tailored to meet individual needs, including those of persons with intellectual and developmental disabilities. (4) Beginning July 1, 2019, the state department has the following duties and responsibilities, subject to available appropriations: (a) To oversee providers of the education component of competency restoration services, including: (I) Establishing and enforcing qualifications of competency restoration educators, including minimum and ongoing training requirements; (II) Evaluating models for the delivery of competency restoration education in a manner that maximizes and expands on available resources while minimizing costs to the state; and (III) Maintaining an adequate pool of competency restoration providers, as defined by: (A) Qualifications and training; (B) Geographical accessibility, in light of the goal of ensuring community-based restoration in the least restrictive environment throughout the state; and (C) Ability to provide culturally competent and developmentally appropriate competency restoration education tailored to an individual's unique needs; pool of competency restoration providers, as defined by: (A) Qualifications and training; (B) Geographical accessibility, in light of the goal of ensuring community-based restoration in the least restrictive environment throughout the state; and (C) Ability to provide culturally competent and developmentally appropriate competency restoration education tailored to an individual's unique needs; (b) To develop models for providing competency restoration services that integrate competency restoration education with other case management and treatment, ensure continuation of ongoing treatment and services as appropriate, avoid duplication of services, and achieve efficiencies by coordinating with existing community resources and programs; (c) To preserve the integrity of the competency evaluation process by ensuring that competency restoration educators operate independently from competency evaluators at the case level; (d) To engage with key stakeholders in the juvenile and adult justice systems to develop best practices in the delivery of competency restoration services; and (e) To make recommendations for legislation. (f) Repealed. (4.5) Beginning July 1, 2023, subject to available appropriations, the behavioral health administration shall oversee functions of the jail-based behavioral health services program created in section 27-60-106. (5) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2019, and every January 1 thereafter, the state department shall submit an annual written report to the general assembly summarizing the state department's provision of competency restoration education and its efforts toward the coordination of competency restoration education with other existing services. The report must include: (a) Data on the number of individuals ordered to competency restoration services, the average time frame for beginning and ending such services, the types of settings in which competency restoration services are provided, and the outcomes of such services; (b) A description of the state department's engagement with community partners to coordinate competency restoration services in an effective and efficient manner; (c) Identification of best and promising practices for education and coordination of competency restoration services; (d) A description of opportunities to maximize and increase available resources and funding; and (e) A description of gaps in and conflicts with existing funding, services, and programming essential to the effective restoration of competency for juveniles and adults. (f) Repealed. (5.5) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2024, and every January 1 thereafter, the behavioral health administration shall submit an annual written report to the general assembly summarizing the results of the jail-based behavioral health services program created in section 27-60-106. The report must include a description of the services funded through the jail-based behavioral health services program created in section 27-60-106. (6) In addition to subsection (4) of this section and subject to available appropriations, the state department shall require any county jail to assist in the provision of interim mental health services for individuals who have been court-ordered for inpatient competency restoration and who are waiting admission for an inpatient bed. This section does not toll or otherwise modify the time frames for the state department to offer inpatient admission pursuant to the provisions of section 16-8.5-111.

C.R.S. § 27-60-106 Jail-based behavioral health services program - purpose - created - funding - repeal

27-60-106. Jail-based behavioral health services program - purpose - created - funding - repeal. (1) There is created in the behavioral health administration the jail-based behavioral health services program, referred to in this section as the "program". The program may receive money from the correctional treatment cash fund pursuant to section 18-19-103 (5)(c)(V). (2) The purpose of the program is to: (a) Provide adequate staff to complete behavioral health screenings; prescribe psychiatric medications as necessary; and provide mental health counseling, substance use disorder treatment pursuant to section 18-19-103 (5)(c)(V), and transitional care coordination; (b) Train jail staff on behavioral health disorders and best practices in working with individuals with mental health, substance use, and co-occurring disorders; and (c) Fund administrative costs to jails that implement the requirements outlined in subsection (3) of this section. (3) The BHA shall prioritize jails with minimal behavioral health services, including but not limited to rural and frontier jails. (4) Subject to available appropriations, the BHA shall require a county jail that receives funding through the program to: (a) Screen all individuals booked into the jail facility with standardized evidence-based screening tools, as determined by the BHA, for mental health disorders, substance use disorders, and suicide risk; (b) Assess all individuals when booked into the jail facility and at any time subsequent to booking when clinically indicated for substance use withdrawal symptoms and develop protocols for medical detoxification monitoring procedures, medication-assisted treatment, or other appropriate withdrawal management care, consistent with the requirements pursuant to sections 17-26-104.9 and 17-26-140; (c) Assess all individuals booked into the jail facility for psychiatric medication needs by requesting and reviewing medical and prescription history; (d) Have access to all psychiatric medications, as defined by the medication formulary established pursuant to section 27-70-103; (e) Assist in the provision of coordinated services for individuals in jail custody who may require competency restoration services; (f) Coordinate services with community behavioral health providers prior to the release of an inmate to ensure continuity of care following his or her release from the jail facility; (g) Track performance outcomes for measures developed by the BHA, including behavioral health disorder prevalence and service data through information-sharing processes, as defined by the BHA; and (h) Partner with the BHA to develop feasible health information exchange strategies for medical and behavioral health records. (5) (a) The BHA shall require a county jail that receives funding through the program to have a policy in place on or before January 1, 2020, that describes how medication-assisted treatment, as defined in section 23-21-803, will be provided, when necessary, to individuals confined in the county jail. The BHA shall require a county jail that receives funding through the program to develop, implement, and publish a policy on or before January 1, 2023, that describes the provision of medication-assisted treatment and other appropriate withdrawal management care upon release from jail. t, as defined in section 23-21-803, will be provided, when necessary, to individuals confined in the county jail. The BHA shall require a county jail that receives funding through the program to develop, implement, and publish a policy on or before January 1, 2023, that describes the provision of medication-assisted treatment and other appropriate withdrawal management care upon release from jail. (b) A sheriff who is the custodian of a county jail or city and county jail may enter into agreements with community agencies, behavioral health organizations, and substance use disorder treatment organizations to assist in the development and administration of medication-assisted treatment in the jail. (6) Subject to available appropriations, nothing in this section prohibits program funds from being used to meet the requirements outlined in sections 17-26-303 and 17-26-304 for local jails, as defined in section 17-26-302 (2), by providing additional staffing, training, robust behavioral health services and supports, or facility changes. Any facility changes must be approved by the BHA before funds may be expended.

C.R.S. § 27-60-106.5 Criminal justice diversion programs - report - rules

27-60-106.5. Criminal justice diversion programs - report - rules. (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.

C.R.S. § 27-60-107 Behavioral health entity licenses - assistance - transfer of staff

27-60-107. Behavioral health entity licenses - assistance - transfer of staff. (Repealed)

C.R.S. § 27-60-108 Peer support professionals - cash fund - fees - requirements - rules - legislative declaration - definitions

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. ed 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. ettings, 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.

C.R.S. § 27-60-109 Youth mental health services program - established - report - rules - definitions - repeal

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. lth 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.

C.R.S. § 27-60-110 Behavioral health-care services for rural and agricultural communities - vouchers - contract - appropriation

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.

C.R.S. § 27-60-111 County-based behavioral health grant program - created - report - rules - repeal

27-60-111. County-based behavioral health grant program - created - report - rules - repeal. (Repealed)

C.R.S. § 27-60-112 Behavioral health-care workforce development program - creation - rules - report

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.

C.R.S. § 27-60-113 Out-of-home placement for children and youth with mental or behavioral needs - rules - report - legislative declaration - repeal

27-60-113. Out-of-home placement for children and youth with mental or behavioral needs - rules - report - legislative declaration - repeal. (Repealed)

C.R.S. § 27-60-114 Colorado land-based tribe behavioral health services grant - creation - funding - definitions - repeal

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). 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.

C.R.S. § 27-60-115 Behavioral health feasibility study - authority to contract - report - definitions - appropriation

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; 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.

C.R.S. § 27-60-116 Withdrawal management facilities - data collection - approval of admission criteria - definition

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) [Editor's note: Subsection (1)(b) is effective July 1, 2025.] 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.

C.R.S. § 27-60-201 Legislative declaration

27-60-201. Legislative declaration. (1) The general assembly finds and declares that: (a) On April 8, 2019, the Colorado behavioral health task force was created, bringing together individuals representing diverse and balanced perspectives with respect to issues such as adults, children, and families who are dealing with mental health or substance use issues, key executive agencies representing state, local, and tribal governments, criminal justice experts, advocacy groups, behavioral health experts, and consumers; (b) The mission of the behavioral health task force was to evaluate and create a plan to improve the current behavioral health system in Colorado; (c) The behavioral health task force focused on creating a behavioral health system that includes equitable access to whole-person care; (d) In September 2020, the behavioral health task force released its blueprint, subcommittee, and COVID-19 special committee reports that outline its vision for behavioral health reform; and (e) The findings and recommendations of the task force indicate that it is imperative that an improved behavioral health system in Colorado: (I) Provide equitable and meaningful access to services and care for Coloradans, regardless of ability to pay, co-occurring conditions, disability, linguistics, geographic location, racial or ethnic identity, religion, socioeconomic status, sexual orientation, age, gender identity, housing status, history of criminal justice involvement, payer source, culture, or any other factor; (II) Provide access to care that: (A) Integrates physical and behavioral health; (B) Is culturally and linguistically responsive, trauma-informed, and tailored to the individual and specific family needs; and (C) Prioritizes all aspects of health, including wellness, and early interventions and supports that help people stay successfully and meaningfully connected to the community where they live, work, and play; (III) Provides a continuum of services for children, youth, and adults, including meeting the unique needs of children and youth. Young people have different needs than adults and should be offered developmentally appropriate and culturally competent services. (IV) Provides access to quality and affordable services in a variety of methods, including in-person and virtual services; (V) Provides access to behavioral health services in regions and communities without necessitating engagement with the criminal or juvenile justice systems; (VI) Provides Coloradans with access to affordable care that keeps them healthy, and administrative efficiencies across the behavioral health-care industry align with payment models and incentives that drive quality and improved outcomes; (VII) Includes a high-quality, trained, culturally responsive, trauma-informed, and diverse professional behavioral health workforce that delivers outcomes and equitable access to care; and (VIII) Provides Coloradans with an opportunity to achieve and maintain mental wellness by addressing social determinants of health, such as housing, transportation, and employment, in addition to the integration of physical and behavioral health care. (2) The general assembly further finds that in implementing the findings and recommendations of the Colorado behavioral health task force it is imperative to rely on all stakeholders working together to hold the behavioral health system accountable to ensure all Coloradans are receiving the care needed to fulfill the task force's aim of ensuring a quality behavioral health system. al health care. (2) The general assembly further finds that in implementing the findings and recommendations of the Colorado behavioral health task force it is imperative to rely on all stakeholders working together to hold the behavioral health system accountable to ensure all Coloradans are receiving the care needed to fulfill the task force's aim of ensuring a quality behavioral health system. (3) Therefore, the general assembly declares that, to ensure a standard of high-quality, integrated, and consumer-centric access to behavioral health-care services, it is imperative that the recommendations and findings included in the blueprint created by the Colorado behavioral health task force be followed and that a single state agency, known as the behavioral health administration, be established to lead and promote the state's behavioral health priorities. It is imperative that the behavioral health administration transform the state's current behavioral health system by: (a) Coordinating and integrating the delivery of behavioral health services in Colorado; (b) Setting standards for the behavioral health system to improve the quality and equity of care; (c) Ensuring that behavioral health services respond to the changing needs of communities, monitor state and local outcomes, support tribal needs, and evaluate state efforts; (d) Improving equitable access to, quality of, and affordability of behavioral health services for Coloradans; (e) Preserving and building upon the integration of behavioral and physical health care that treats the whole person; (f) Leading and promoting Colorado's priority of addressing the increasing need for behavioral health services; (g) Eliminating unnecessary fragmentation of services and streamlining access; (h) Addressing social determinants of health as a core component of behavioral health outcomes; (i) Promoting transparency and accountability of behavioral health reform outcomes and spending of taxpayer dollars; and (j) Reducing administrative burden on behavioral health-care providers so they are able to focus on client care.

C.R.S. § 27-60-202 Definitions

27-60-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Behavioral health" has the same meaning as set forth in section 27-60-100.3. (2) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102. (2.5) "Care coordination" means services that support individuals and families and initiate care and navigating crisis supports, mental health and substance use disorder assistance, and services that address the social determinants of health, and preventive care services. (3) Repealed. (4) "State department" means the state department of human services created pursuant to section 26-1-105.

C.R.S. § 27-60-203 Behavioral health administration - timeline

27-60-203. Behavioral health administration - timeline. (1) to (4) Repealed. (5) (a) On or before July 1, 2022, the behavioral health administration is established in the state department. During the time it takes for the BHA to become fully operational, it remains a part of the state department until a determination is made by the general assembly concerning the department it will be permanently located in. (b) On or before November 1, 2024, the state department shall provide a report to the joint budget committee, the public and behavioral health and human services committee of the house of representatives, and the health and human services committee of the senate, or any successor committees, concerning recommendations on whether the BHA should remain in the state department or be transferred to a different department within the state. (c) If the general assembly takes no additional legislative action on or before June 30, 2025, the BHA will remain in the state department.

C.R.S. § 27-60-204 Care coordination infrastructure - implementation - care navigation program - creation - report - rules - definition

27-60-204. Care coordination infrastructure - implementation - care navigation program - creation - report - rules - definition. (1) Care coordination infrastructure. (a) No later than July 1, 2024, the BHA, in collaboration with the department of health care policy and financing, shall develop a statewide care coordination infrastructure to drive accountability and more effective behavioral health navigation to care that builds upon and collaborates with existing care coordination services. The infrastructure must include: (I) A website and mobile application that serves as a centralized gateway for information for patients, providers, and care coordination and that facilities access and navigation of behavioral health-care services and support; and (II) A cloud-based platform to allow providers that do not utilize an electronic health record to actively participate in the care coordination infrastructure. (b) The BHA shall convene a working group of geographically and demographically diverse partners and stakeholders, including those with lived and professional experience, to provide feedback and recommendations that inform and guide the development of the statewide care coordination infrastructure developed pursuant to subsection (1)(a) of this section. (c) The department of health care policy and financing, the division of insurance in the department of regulatory agencies, and the working group created pursuant to subsection (1)(b) of this section shall determine how medicaid and private insurance existing care coordination services are aligned with the statewide care coordination infrastructure described in subsection (1)(a) of this section. (d) The BHA shall implement, directly or through a contractor, a comprehensive and robust marketing and outreach plan to make Coloradans aware of the website, mobile application, cloud-based platform, and associated care coordination services developed pursuant to subsection (1)(a) of this section. (2) The BHA shall ensure navigators are available through the website and mobile application developed pursuant to subsection (1)(a) of this section, as well as in specific regional locations. The statewide care coordination infrastructure is responsible for providing regional access to care coordination services. (3) The BHA shall utilize behavioral health administrative services organizations established pursuant to part 4 of article 50 of this title 27 to help individuals and families initiate care and ensure timely access to person-centered, trauma-informed, and culturally responsive quality crisis supports; mental health and substance use disorder services; and preventive care services, including services that address the social determinants of health. When possible, the care coordination infrastructure must integrate with other health-care system resources to serve individuals with complex needs. (4) In implementing the care coordination infrastructure developed pursuant to subsection (1) of this section, the BHA shall: (a) Train new and existing navigators on the behavioral health safety net system services for children, youth, and adults, behavioral health service delivery procedures, and social determinants of health resources. At a minimum, the BHA shall train existing managed care entity providers, employees of the 988 crisis hotline enterprise created in section 27-64-103, 911 dispatchers, BHA care coordinators and navigators, and other providers participating in other safety net provider settings; (b) Ensure that the care coordination infrastructure can direct individuals where to seek in-person or virtual navigation support; (c) Ensure that the administrative burden associated with provider enrollment and credentialing for navigators and care coordination providers is minimal; (d) As part of the annual report submitted pursuant to section 27-50-204, include a summary of outcomes for individuals who access the statewide care coordination infrastructure; and duals where to seek in-person or virtual navigation support; (c) Ensure that the administrative burden associated with provider enrollment and credentialing for navigators and care coordination providers is minimal; (d) As part of the annual report submitted pursuant to section 27-50-204, include a summary of outcomes for individuals who access the statewide care coordination infrastructure; and (e) Ensure the 988 crisis hotline established pursuant to article 64 of this title 27: (I) Responds to anyone experiencing a mental health or substance use crisis; (II) Documents referrals and transfers of care of persons with one or more community-based service providers, such as care coordination and care navigation services; and (III) Includes connections to: (A) The forthcoming Colorado behavioral health resource navigation system, which more quickly links individuals in crisis with available services; (B) The statewide and regional care coordination system; (C) Peer support services; and (D) The behavioral health crisis response system created pursuant to section 27-60-103. (5) Each behavioral health administrative services organization established pursuant to part 4 of article 50 of this title 27 shall: (a) Utilize navigators trained in the use of the care coordination infrastructure pursuant to subsection (4)(a) of this section to identify community-based and social determinants of health services and capacity, including on-the-ground local support to encourage participation and engagement in services; (b) Utilize navigators and coordinators to support individuals in connecting to the safety net system created pursuant to part 3 of article 50 of this title 27, including services not covered by an individual's insurance; (c) Monitor and report quarterly on the safety net system and safety net providers to support accountability in connecting individuals to services and the delivery of those services to individuals with the highest needs; (d) Support continued connection with the safety net system after an individual is discharged from hospitalization, the criminal justice system, an emergency department, or other behavioral health facilities, including withdrawal management facilities and jails, by building multi-sector, multi-system referral and outcome tracking into the care coordination system; (e) Require contracted providers to use the statewide care coordination system, report on outcomes, including how and when individuals accessed care, and work collaboratively with the care coordination entity to ensure individuals receive needed services in a timely manner; and (f) Any other duties required by law or the BHA. (6) Beginning January 2025, and each January thereafter, the department of health care policy and financing shall assess the care coordination services provided by managed care entities and provide a report as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203. At a minimum, the report must include: (a) The number of individuals served by each managed care entity through care coordination; (b) Data on care coordination services provided by each managed care entity, including follow-up contacts to ensure clients were connected to services; (c) Data on efforts made to reconnect with individuals who did not initially follow through on care coordination services; (d) Data on referrals to community-based services and follow-up services by each managed care entity for individuals served through care coordination services; and rovided by each managed care entity, including follow-up contacts to ensure clients were connected to services; (c) Data on efforts made to reconnect with individuals who did not initially follow through on care coordination services; (d) Data on referrals to community-based services and follow-up services by each managed care entity for individuals served through care coordination services; and (e) Data on the utilization of care navigation services pursuant to subsection (9) of this section in accordance with state and federal health-care privacy laws. (7) The BHA and any person that receives money from the state department 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). (8) Repealed. (9) Care navigation program. (a) As used in this section, "engaged client" means an individual who is interested in and willing to engage in substance use disorder treatment and recovery services or other treatment services either for the individual or an affected family member or friend. (b) Subject to available appropriations, the BHA shall implement a care navigation program to assist engaged clients in obtaining access to treatment for substance use disorders. At a minimum, services available statewide must include independent screening of the treatment needs of the engaged client using nationally recognized screening criteria to determine the correct level of care; the identification of licensed or accredited substance use disorder treatment options, including social and medical detoxification services, medication-assisted treatment, and inpatient and outpatient treatment programs; and the availability of various treatment options for the engaged client. (c) To implement the care navigation program, the BHA shall, directly or through contract, provide care navigation services and align the care navigation services with the care coordination infrastructure established pursuant to this section. (d) The state board may promulgate any rules necessary to implement the care navigation program.

C.R.S. § 27-60-206 Substance use workforce stability grant program - repeal

27-60-206. Substance use workforce stability grant program - repeal. (1) There is established in the BHA the substance use workforce stability grant program, referred to in this section as the "grant program". The BHA shall administer the grant program and shall develop policies and procedures for the grant program, which must include a grant application process, criteria for awarding grants and determining the amount of a grant award, and the timeline for awarding grants and distributing grant money. (2) A substance use disorder treatment provider or a recovery provider, including providers that serve children, and a local government, as defined in section 27-60-501, is eligible for a grant. In order to receive a grant, a provider must submit an application to the BHA and must prioritize providing services to voluntary and civil clients. (3) The BHA shall accept and review grant applications and award grants. The BHA shall prioritize awarding grants to providers that offer same-day or next-day appointments, serve low-income and marginalized populations, or intend to expand the number of individuals they serve. (4) A grant recipient shall use a grant award to support direct care staff who spend fifty percent or more of their time working with clients. Supporting direct care staff may include temporary salary increases, recruitment and retention bonuses, and other tactics that support staff. (5) (a) The general assembly shall appropriate to the state department fifteen million dollars from the behavioral and mental health cash fund created in section 24-75-230 for the grant program. (b) The state department, BHA, and any person who receives money from the BHA, including each 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). (6) This section is repealed, effective June 30, 2027.

C.R.S. § 27-60-301 Definitions

27-60-301. Definitions. As used in this part 3, 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 aide" or "aide" means an individual who: (a) Addresses mental health conditions and substance use disorders to promote healthy individuals, families, and communities; (b) Dependent on the level of certification of the individual, may act as a community educator and provide expanded services for more complex behavioral health needs; and (c) Is familiar with state and local resources and can provide referrals and other additional services. (3) "Behavioral health provider" means a recovery community organization as defined in section 27-80-126, a recovery support services organization as defined in section 27-60-108, or a licensed organization or professional that provides diagnostic, therapeutic, or psychological services for behavioral health conditions. Behavioral health providers include a residential child care facility, as defined in section 26-6-903 (29), and a federally qualified health center as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4). (4) "Community college" means a community college described in section 23-60-205 that is governed by the state board for community colleges and occupational education. (5) "Fund" means the behavioral and mental health cash fund created in section 24-75-230 (2)(a). (6) "Institution of higher education" means a local district college operating pursuant to article 71 of title 23 or an institution of higher education. (7) "Learning management system" means an online training curriculum developed for health-care providers in rural and metro areas pursuant to section 27-60-112 (2)(b) to increase competencies in mental health and substance use disorders that will support a high-quality, trained, culturally responsive, and diverse behavioral health-care provider workforce. (8) "Peer support professional" has the same meaning as set forth in section 27-60-108 (2)(b). (9) "Plan" means the behavioral health-care provider workforce plan created by the BHA pursuant to section 27-60-302. (10) "Priority populations" means: (a) People experiencing homelessness; (b) People involved with the criminal justice system; (c) People of color; (d) American Indians and Alaska natives; (e) Veterans; (f) People who are lesbian, gay, bisexual, transgender, or queer or questioning; (g) Older adults; (h) Children and families; and (i) People with disabilities, including people who are deaf and hard of hearing, people who are blind or deafblind, people with brain injuries, people with intellectual and developmental disabilities, and people with other co-occurring disabilities. (11) "Substance use disorder" means a chronic relapsing brain disease, characterized by recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home.

C.R.S. § 27-60-302 Behavioral health-care provider workforce plan - expansion - current workforce

27-60-302. Behavioral health-care provider workforce plan - expansion - current workforce. (1) On or before September 1, 2022, the behavioral health administration shall create and begin to implement a behavioral health-care provider workforce plan to expand and strengthen Colorado's behavioral health-care provider workforce to serve children, youth, and adults. In creating the plan, the BHA shall consider the stakeholder recommendations that address the behavioral health workforce shortage published by the department in December 2021. (2) (a) The plan shall include: (I) The development and implementation of recruitment methods to increase and diversify the behavioral health-care provider workforce through identifying the cultural barriers to entering the behavioral health-care field and incorporating the appropriate strategies to overcome those barriers; (II) Strategies to aid publicly funded behavioral health providers in retaining well-trained, clinical behavioral health-care providers at all levels; and (III) Regulatory changes to reduce barriers. (b) As part of the plan, the BHA shall use money appropriated to the BHA to partner with organizations such as local, state, and national organizations representing priority populations. (3) (a) The plan shall require the BHA to partner with the department of higher education to better prepare the future behavioral health-care provider workforce for public sector service, to develop paid job shadowing and internship opportunities, and to develop partnerships with organizations that can offer such opportunities. (b) The BHA and the department of higher education shall provide incentives to institutions of higher education for the purpose of marketing and promoting behavioral health-care educational programs to students and increasing the number of students who graduate with a degree in a behavioral health-care field of study. (4) (a) The plan must include strategies for the BHA to work with community colleges and other institutions of higher education to recruit and develop the skills of residents of rural communities and residents of state-designated health professional shortage areas, as defined in section 25-1.5-402 (11), with the goal of educating these residents in behavioral health-care fields to provide services for children, youth, and adults so that the residents return and practice in the rural areas and other shortage areas. (b) The strategies implemented by the BHA in subsection (4)(a) of this section shall include student loan repayment programs and scholarships to individuals who are committed to providing behavioral health-care services in rural communities and state-designated health professional shortage areas, as defined in section 25-1.5-402 (11), for at least three years. The BHA shall coordinate and work in conjunction with the Colorado health service corps to expand and increase the loan repayments made pursuant to section 25-1.5-503. (5) The BHA, in collaboration with the community college system, the department of higher education, and the state work force development council created in section 24-46.3-101, and institutions of higher education shall create a new behavioral health-care educational program that provides tiered advancement opportunities for behavioral health-care providers at all levels, from advancement for individuals in entry-level positions to individuals who hold a bachelor's degree. t of higher education, and the state work force development council created in section 24-46.3-101, and institutions of higher education shall create a new behavioral health-care educational program that provides tiered advancement opportunities for behavioral health-care providers at all levels, from advancement for individuals in entry-level positions to individuals who hold a bachelor's degree. (6) The BHA shall use the money appropriated by the general assembly to increase the number of peer support professionals across the state to ensure that a person struggling with a mental health disorder or a substance use disorder who is in need of assistance can connect with a peer support specialist who has had similar experiences living with a mental health disorder or a substance use disorder. The purpose of the peer support professional is to help people achieve their recovery goals through shared understanding, respect, and empowerment. Peer support professionals 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. (7) The BHA shall include in the plan the recommendations of the director of the division of professions and occupations pursuant to section 12-20-103 (8). (8) (a) The plan must include proposals to work with local law enforcement agencies, the P.O.S.T. board created in section 24-31-302, a peace officer organization, as defined in section 24-32-3501, a statewide organization representing professional firefighters, and a statewide association representing emergency medical service providers to: (I) Cross-train current and former first responders in behavioral health; (II) Help increase cultural competencies in first responders and law enforcement; and (III) Reduce the stigma of receiving mental health services. (b) The proposals implemented by the BHA pursuant to subsection (8)(a) of this section must include student loan repayment programs and scholarships for current and former first responders who have at least five years of first responder experience and mental health professionals who are committed to providing behavioral health services in local communities to first responders for at least five years. (c) The BHA may coordinate and work in conjunction with the Colorado health service corps, as defined in section 25-1.5-502, to expand and increase the student loan repayments made pursuant to section 25-1.5-503. (9) The plan shall include strategies to utilize Colorado-based behavioral health-care providers to expand telehealth capacity and infrastructure in order to prioritize timely access to behavioral health-care services and address service gaps. (10) Through an interagency agreement, the BHA shall create a plan for collaboration between the BHA, the department of regulatory agencies, the department of public health and environment, the department of health care policy and financing, the department of education, the department of early childhood, and the department of labor and employment to raise awareness among health-care providers and behavioral health-care providers concerning the availability of opportunities to invest in and strengthen their professional behavioral health-care staff.

C.R.S. § 27-60-303 Behavioral health administration - additional duties - collaboration with other agencies

27-60-303. Behavioral health administration - additional duties - collaboration with other agencies. (1) The BHA shall: (a) In collaboration with the department of regulatory agencies, establish workforce standards that strengthen the behavioral health-care provider workforce, including telehealth providers, and increase opportunities for peer support professionals and behavioral health aides. If practicable, the standards must be aligned with national standards and address health equity; rural, frontier, and urban needs; pediatric care; specialty care; and care for individuals with complex needs. (b) Provide and fund opportunities for training and certification with state, national, and international credentialing entities; (c) Work with other state agencies to reduce the administrative burden across agencies to ensure behavioral health-care providers have additional time to focus on patient care; (d) Collaborate with the department of public health and environment to: (I) Further develop current assessments that exist in rules promulgated by the state board of health pursuant to section 25-1.5-404 (1)(a) that measure community-level shortages of behavioral health-care providers who provide services for children, youth, and adults; and (II) Expand the Colorado health service corps created in section 25-1.5-503 to improve access to behavioral health-care services in communities where workforce shortages exist by providing loans to behavioral health providers to practice in these communities and to work with priority populations; and (e) Collaborate with the department of higher education, the state board for community colleges and occupational education created in section 23-60-104, the department of education, the state work force development council created in section 24-46.3-101, the department of labor and employment, and the department of health care policy and financing, as applicable, to: (I) Update career pathways to align with postsecondary degree programs, work-based learning programs, and apprenticeship programs to ensure that behavioral health education and training are responsive to the needs of the labor market in order to provide behavioral health-care services across the care continuum for children, youth, and adults; (II) Prepare students and current workers in the behavioral health-care field with the skills and credentials they need for jobs and careers, including through the use of the department of labor and employment's work-based learning programs, to assist with identifying industry-relevant skills, certifications, and credentials in the behavioral health-care field; (III) Secure federal funding that supports training, education, and apprenticeships in behavioral health-care-related occupations; (IV) Enhance and expand the direct-care workforce to provide behavioral health-care services for children, youth, and adults enrolled in programs administered by the department of health care policy and financing; (V) Address licensing and credentialing portability issues that affect the ability of children, youth, and adults to access behavioral health-care services; (VI) Explore the requirements that must be met for certified addiction specialist and certified addiction technician classes to be taught remotely; and (VII) Explore the feasibility of remote supervisory observation for each behavioral health-care field. (1.5) (a) The BHA shall create the agricultural and rural community behavioral health program and identify a specific BHA staff person to serve as a liaison between the BHA, department of agriculture, behavioral health-care providers, rural community leaders, agricultural communities, and nonprofit organizations that serve agricultural communities. The agricultural and rural community behavioral health program shall: all create the agricultural and rural community behavioral health program and identify a specific BHA staff person to serve as a liaison between the BHA, department of agriculture, behavioral health-care providers, rural community leaders, agricultural communities, and nonprofit organizations that serve agricultural communities. The agricultural and rural community behavioral health program shall: (I) Engage in statewide community outreach to educate communities on the behavioral health issues farmers, ranchers, other agricultural industry workers, their families, and rural communities experience; (II) Establish interdepartmental relationships; and (III) Develop an understanding of and address the root causes of behavioral health issues in the agricultural industry and in rural communities. (b) The agricultural and rural community behavioral health program shall coordinate training for behavioral health providers to serve farmers, ranchers, other agricultural industry workers, and their families experiencing behavioral health issues. (c) The agricultural and rural community behavioral health program staff liaison shall serve on the agricultural behavioral health community of practice work group, created in section 35-1-121, and provide support to the work group as needed. (d) The BHA and the department of agricultural shall enter into an interagency agreement to share data collected in the course of understanding and addressing the behavioral health-care issues in the agricultural industry and in rural communities. The interagency agreement must state that the data shared will be aggregated and anonymized, and data sharing must be in compliance with state and federal data privacy laws. (2) (a) The BHA shall use the learning management system to implement a comprehensive, collaborative, and cross-system training certification and training curriculum of evidence-based treatment and evidence-based criminal justice approaches for behavioral health-care providers working in programs to obtain a criminal justice treatment provider endorsement. The curriculum shall include: (I) Training to ensure cross-system alignment around a proactive, coordinated, and prerelease care plan for individuals who are incarcerated in jail, prison, and community corrections facilities; (II) Specialized training and skills-building in cultural competencies and otherwise culturally responsive approaches to supervision and treatment of individuals who are or were in the criminal justice system; and (III) Specific strategies to address the rights and needs of crime victims and the behavioral health-care provider's role in preventing harm or increasing risk to identified crime victims. (b) For the purposes of subsection (2)(a) of this section, the BHA shall add relevant content to the curriculum developed in the learning management system and shall ensure that the learning management system is accessible and promoted to all criminal justice agencies in the state. (3) The BHA shall develop strategies to strengthen Colorado's current behavioral health-care provider workforce. The strategies shall include: (a) Using the learning management system to increase the capacity of providers to support a culturally competent behavioral health-care provider workforce to provide services for children, youth, and adults. This includes building from the standards and statewide core competencies developed pursuant to the learning management system and offering ongoing professional development opportunities to train behavioral health-care providers to treat complex needs across the continuum of care. If practicable, the standards shall align with national standards and shall address health equity; rural, frontier, and urban needs; pediatric care; specialty care; and care for persons with complex needs. The BHA shall use the learning management system to create course work to increase and improve competencies in behavioral health care. viders to treat complex needs across the continuum of care. If practicable, the standards shall align with national standards and shall address health equity; rural, frontier, and urban needs; pediatric care; specialty care; and care for persons with complex needs. The BHA shall use the learning management system to create course work to increase and improve competencies in behavioral health care. (b) Developing methods supported by the BHA, the department of regulatory agencies, the department of public health and environment, the department of health care policy and financing, and the department of labor and employment for behavioral health providers to address burnout; training; supervision, including the exploration of opportunities for behavioral health providers to be reimbursed for providing clinical supervision; and career pathways for professional behavioral health-care providers.

C.R.S. § 27-60-304 Reports

27-60-304. Reports. (1) In 2023, 2024, 2025, 2026, and 2027 the state department of human services shall include an overview of the BHA's progress toward addressing the behavioral health-care provider workforce shortage during the hearings held prior to the regular session of the general assembly under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2. (2) On or before January 1, 2023, and on or before each January 1 thereafter, the community college system shall submit a report to the BHA. At a minimum, the report must include a summary of the behavioral health career pathway and its implementation, including an accounting of how money was used to expand or support training, education, and certifications in the behavioral health career pathway to increase employment in the behavioral health sector. (3) The state department, the BHA, and any person who receives money from the BHA 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).

C.R.S. § 27-60-305 Repeal of part

27-60-305. Repeal of part. This part 3 is repealed, effective July 1, 2027.

C.R.S. § 27-60-401 Definitions

27-60-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-60-203. (2) "Community-based organization" means a nonprofit organization that is representative of the community served, or significant segments of the community served, and engaged in meeting that community's needs in the areas of social, human, or health services. (3) "Eligible entity" means: (a) A community-based organization; (b) A nonprofit hospital that provides behavioral health treatment; (c) A local government; (d) A federally recognized Indian tribe; (e) An office that provides or coordinates court-appointed counsel to represent indigent clients charged with a criminal offense in municipal or state court; (f) A federally qualified health center, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4), that partners and submits a joint application with a community-based organization, nonprofit hospital that provides behavioral health treatment, local government, or federally recognized Indian tribe; (g) A rural health clinic, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(2), that partners and submits a joint application with a community-based organization, nonprofit hospital that provides behavioral health treatment, local government, or federally recognized Indian tribe; and (h) A local law enforcement agency, but only for the purpose of developing or expanding a co-responder community response program, as defined in section 24-32-3501 (8). (4) "Grant program" means the early intervention, deflection, and redirection from the criminal justice system grant program established in section 27-60-402. (5) "Local government" means a county, municipality, or city and county. (6) "Local law enforcement agency" means a county sheriff's office or a municipal police department. (7) "Review committee" means the early intervention, deflection, and redirection from the criminal justice system grant review committee created in section 27-60-403.

C.R.S. § 27-60-402 Early intervention, deflection, and redirection from the criminal justice system grant program - established - permissible uses

27-60-402. Early intervention, deflection, and redirection from the criminal justice system grant program - established - permissible uses. (1) There is established in the behavioral health administration the early intervention, deflection, and redirection from the criminal justice system grant program to provide grants to eligible entities to fund programs and other strategies that: (a) Provide behavioral health treatment or resources to prevent individuals from becoming involved in the criminal justice system or further penetrating into the system; (b) Facilitate a direct community response to effectively respond to a person in a behavioral health crisis with the goal of preventing people with behavioral health needs from being arrested; or (c) After an arrest, redirect individuals with behavioral health needs, including individuals engaged in competency evaluation or restoration provided in a community setting and not in a jail-based setting, from the criminal justice system to appropriate community-based treatment and support services. (2) An early intervention, deflection, and redirection from the criminal justice system grant may be used for any of the following: (a) To support, create, or expand pre-arrest early intervention programs, including community-based alternative response programs described in section 24-32-3501 (8); (b) To support, create, or expand co-responder community response, as defined in section 24-32-3501 (8); (c) To fund enhanced staffing, facility improvements, or security measures for existing crisis walk-in centers, crisis stabilization units, mobile crisis services, or crisis respite services, as described in section 27-60-103 (1)(b), and withdrawal management programs at facilities approved pursuant to article 81 of this title 27. A crisis walk-in center must use a grant award to enable the crisis walk-in center to accept all behavioral health related first responder drop-offs and provide crisis receiving and stabilization services. Grants awarded for crisis stabilization units, mobile crisis services, crisis respite services, and withdrawal management programs must be used to provide crisis receiving and stabilization services. (d) Collaboration between community-based organizations and court-appointed counsel who represent indigent clients to facilitate behavioral health screening and assessment and to help clients access behavioral health and other supportive services, particularly during early stages in a criminal proceeding; (e) Comprehensive service delivery, including models where multiple partners co-locate or create new resource centers, to ensure swift connection to and receipt of social support services including, but not limited to, counseling, job placement services, housing navigation assistance and support, benefits enrollment, family counseling, substance use treatment, case management services, peer support, and other supportive services. To receive a grant for comprehensive service delivery, the applicant must demonstrate collaboration with local partners that will provide social support services as part of the comprehensive service delivery. (f) Comprehensive pre-release planning for individuals in a jail or prison with behavioral health needs, to prevent reincarceration; (g) To support, create, or expand programs to help people who have a pending municipal criminal case attend their court dates and avoid jail for non-appearance, such as through court reminders, ride assistance, or other supportive interventions. A program that operates with grant money must serve a substantial number of people with behavioral health needs. (h) To establish and operate, or fund an existing, mobile medication-assisted treatment unit; (i) Other innovations or programs aimed at deflecting, redirecting, or otherwise preventing people with behavioral health needs from further penetrating into the criminal justice system; ons. A program that operates with grant money must serve a substantial number of people with behavioral health needs. (h) To establish and operate, or fund an existing, mobile medication-assisted treatment unit; (i) Other innovations or programs aimed at deflecting, redirecting, or otherwise preventing people with behavioral health needs from further penetrating into the criminal justice system; (j) Technical assistance and capacity-building, as identified by the applicant as a component of the program, to support delivery of evidence-based or evidence-informed services along the behavioral health continuum of care; and (k) Capital expenditures related to providing the treatment and services described in this subsection (2). (3) The BHA shall provide grant recipients with information about the 988 crisis hotline, defined in section 27-64-102, to ensure that the grant recipients are aware of the services available by using the 988 crisis hotline. (4) (a) The behavioral health administration shall administer the grant program in collaboration with the department of public safety. The BHA shall create a grant application process and shall 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. (b) The BHA and department of public safety shall engage in statewide community outreach to make eligible entities aware of the grant program, application process, and deadlines. (c) No later than sixty days before the grant application deadline, the BHA and department of public safety shall jointly hold a public meeting to present information about the grant program and to give eligible entities the opportunity to ask questions regarding the grant program. The BHA may allow electronic attendance and participation at the meeting. (d) The BHA shall provide grant application and program development support upon request to an eligible entity that has an annual budget of less than one million dollars. Available support may include assistance with grant-writing, program design, identifying sustainable funding opportunities, program implementation, and data-gathering and evaluation.

C.R.S. § 27-60-403 Grant program application - criteria - award - rules

27-60-403. Grant program application - criteria - award - rules. (1) In order to receive a grant, an eligible entity must offer a monetary contribution or in-kind contributions, as described in subsection (4) of this section, that directly support the services provided with a grant award and must submit an application to the BHA. Two or more eligible entities may collaborate on a program and submit a joint application. At a minimum, an application must include: (a) The requested amount of the grant award and a description of the program that will be operated with the grant award, including a description of how the proposed program meets the purposes of the grant program described in section 27-60-402 (1); (b) The source of the contributing funds or in-kind contributing resources provided by the applicant, as described in subsection (4) of this section; (c) Whether the program plans to use the 988 crisis hotline defined in section 27-64-102 as a part of the program; (d) Information about the applicant's ability and intent to sustain the services provided with a grant award beyond the duration of the grant, if applicable; (e) A description of any agreements or partnerships necessary to carry out the grant activities and how grant money will be allocated among partners, if needed to perform activities in the application; (f) Data documenting the need for the project, including the projected demographic information of clients to be served, including age, race, ethnicity, gender, and any other relevant demographic information; (g) Projected outcomes, specific performance measures, and data collection methods necessary for the grantee and the BHA to assess the impact of the proposed program; (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 a grant; (i) A description of how the program would add value to existing local efforts in the program area, if any, that align with the purposes of this grant program described in section 27-60-402 (1); (j) A commitment that all services will be provided on a voluntary basis and that the applicant will not require warrant checks or fingerprinting to receive services; (k) If the applicant is a local government or federally recognized Indian tribe applying for a grant for a capital expenditure, the applicant must demonstrate collaboration with community-based organizations or nonprofit hospitals that are providing treatment and services described in subsection (3) of this section in association with the capital expenditure; (l) If the applicant is a law enforcement agency, the applicant must demonstrate compliance with the reporting requirements described in section 24-31-903 (2); and , the applicant must demonstrate collaboration with community-based organizations or nonprofit hospitals that are providing treatment and services described in subsection (3) of this section in association with the capital expenditure; (l) If the applicant is a law enforcement agency, the applicant must demonstrate compliance with the reporting requirements described in section 24-31-903 (2); and (m) Any other information required by the BHA. (2) (a) There is created in the BHA an early intervention, deflection, and redirection from the criminal justice system grant review committee to review grant applications and make recommendations to the BHA and department of public safety. The commissioner of the BHA shall ensure that the composition of the review committee is racially, ethnically, and geographically diverse and representative of communities most impacted by the criminal justice system. The review committee consists of the following members: (I) The commissioner of the BHA or the commissioner's designee; (II) The director of the division of criminal justice or the director's designee; (III) The following individuals appointed by the commissioner of the BHA, in consultation with the director of the division of criminal justice within the department of public safety: (A) Two clinicians with experience providing behavioral health treatment services to individuals who have been involved in the criminal justice system, one of whom must specialize in substance abuse disorder treatment, who also have experience providing culturally responsive treatment in communities of color and other underserved populations; (B) Two representatives of organizations with experience awarding grants in behavioral health fields; (C) A researcher from an institution of higher education with a background in effective interventions that prevent or redirect people with a behavioral health disorder from being involved with the criminal justice system; (D) A person who was impacted by the criminal justice system, either personally or through a family member, and the person or the family member had behavioral health needs while involved in the criminal justice system; (E) A victim's advocate with experience in providing culturally responsive services in communities of color, or a representative from a community-based victim services organization that specializes in serving victims of color; (F) A representative of a federally recognized Indian tribe with jurisdiction in Colorado; (G) A member of law enforcement that has participated in co-responder community response, as defined in section 24-32-3501 (8); (H) A public defender or private criminal defense attorney with experience representing people with a behavioral health disorder; and (I) A prosecutor with experience operating a diversion program specifically for individuals with a behavioral health disorder. (b) Members of the review committee serve without compensation and without reimbursement for expenses. Members of the review committee shall disclose any conflicts of interest, including whether the member represents an organization that may seek a grant from the grant program. (c) The review committee shall review applications for grants submitted pursuant to this section and make recommendations to the BHA and department of public safety about which applicants should receive grants and the amount of each grant. (3) After receiving and reviewing recommendations from the review committee and after consultation with the department of public safety, the BHA shall award grants. In addition to considering the recommendations of the review committee and after considering the information included in the grant application, when awarding grants, the BHA shall ensure that: eive grants and the amount of each grant. (3) After receiving and reviewing recommendations from the review committee and after consultation with the department of public safety, the BHA shall award grants. In addition to considering the recommendations of the review committee and after considering the information included in the grant application, when awarding grants, the BHA shall ensure that: (a) The proposed program fills an existing gap in behavioral health response, as identified in the application, in the program service area and would meet the needs of the identified target population served by the program; and (b) Any direct services provided through the program will use evidence-based or evidence-informed interventions that align with trauma-informed and harm reduction principles. (4) 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. (5) (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.

C.R.S. § 27-60-404 Grant program reporting requirements

27-60-404. Grant program reporting requirements. (1) Each grant recipient shall submit a report to the BHA following the expiration of the grant term. The report must include: (a) Information about the use of the grant award, including the program operated with the grant award and the number of individuals the program diverted or redirected from the criminal justice system; (b) The number of individuals served through the program who may have come into contact with the criminal justice system; (c) The number of individuals referred by the program to treatment; and (d) Whether the recipient is continuing the program and any other information requested by the state department. (2) (a) On or before January 31 of each year, the house of representatives judiciary committee, the house of representatives public and behavioral health and human services committee, the senate health and human services committee, and the senate judiciary committee, or their successor committees, shall hold a joint hearing on the grant program. At the hearing, the state department shall report to the committees about the grant program, which must include an overview of the grant program, information on the type of services funded with a grant award, and where services were provided. (b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement in this subsection (2) continues indefinitely.

C.R.S. § 27-60-405 Grant program funding - requirements - reports - appropriation

27-60-405. Grant program funding - requirements - reports - appropriation. (1) The general assembly shall appropriate to the state department fifty million seven hundred thousand dollars from the behavioral and mental health cash fund created in section 24-75-230 to implement the grant program. (2) (a) The state department, BHA, and any person who receives money from the BHA, including each 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). (b) For each grant awarded for a capital expenditure, the BHA is responsible for preparing the written justification required pursuant to 31 CFR 35.6 (b)(4). A grant applicant that requests grant money that originates from the money the state received from the coronavirus state fiscal recovery fund for a capital expenditure must submit to the BHA information requested by the BHA for inclusion in the written justification; except that this requirement does not apply if the BHA determines that the written justification is not required based on how the expenditures authorized pursuant to this part 4 will be reported to the United States department of the treasury. For grant 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 BHA determines necessary to comply with federal written justification requirements.

C.R.S. § 27-60-406 Repeal of part

27-60-406. Repeal of part. This part 4 is repealed, effective January 31, 2027.

C.R.S. § 27-60-501 Definitions

27-60-501. Definitions. 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.

C.R.S. § 27-60-502 Behavioral health-care continuum gap grant program - established - rules

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. , 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. oint 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).

C.R.S. § 27-60-503 Grant program application - criteria - contributing resources - award - rules

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.

C.R.S. § 27-60-504 Grant program reporting requirements

27-60-504. Grant program reporting requirements. (1) Each grant recipient shall submit a report to the BHA following the expiration of the grant term. The report must include: (a) Information about the use of the grant award, including the services provided with a grant award and where those services were provided; (b) The amount of contributing funds or in-kind contributing resources that supported the services; (c) Aggregated demographic information of the individuals who receive services funded with a grant award; (d) Whether the recipient is continuing to provide the services, and any other information requested by the state department. (2) (a) In its annual report to the committees of reference pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" required by section 2-7-203, the state department shall provide information about the grant program, including information on the type of services funded with a grant award and where those services were provided. (b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement in this subsection (2) continues indefinitely.

C.R.S. § 27-60-505 Grant program funding - requirements - reports

27-60-505. Grant program funding - requirements - reports. (1) The general assembly shall appropriate to the state department seventy-five million dollars from the behavioral and mental health cash fund created in section 24-75-230 to implement the grant program. (2) Of the money appropriated to the state department, regardless of the source, the BHA shall award grants in the following manner: (a) Thirty-five million dollars for community investment grants, as described in section 27-60-502 (2); and (b) Forty million dollars for children, youth, and family services grants, as described in section 27-60-502 (3). (3) (a) The state department, BHA, and any person who receives money from the BHA, including each 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). (b) To be eligible to receive grant money for a capital expenditure, the 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 BHA 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 BHA determines that the written justification is not required based on how the expenditures authorized pursuant to this part 5 will be reported to the United States department of the treasury. For grant 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 BHA determines necessary to comply with federal written justification requirements.

C.R.S. § 27-60-506 Repeal of part

27-60-506. Repeal of part. This part 5 is repealed, effective January 31, 2027.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-27.docxFetched: 10/6/2026

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