C.R.S. tit. 27, art. 71 — Mental Health Residential Facility | Colorado Revised Statutes (2024 edition) — Colorado

C.R.S. § 27-71-101 Legislative declaration

27-71-101. Legislative declaration. The general assembly finds and declares that there is an urgent need for community-based mental health residential beds throughout the state to serve individuals who need the support of a residential setting.

C.R.S. § 27-71-102 Definitions

27-71-102. Definitions. As used in this article 71, unless the context otherwise requires: (1) "Assisted living residence" has the same meaning as defined in section 25-27-102 (1.3). (2) "Behavioral health administration" or "BHA" means the behavioral health administration established pursuant to section 27-60-203. (3) "Behavioral health disorder" has the same meaning as defined in section 25-27.6-102 (5). (4) "Behavioral health entity" has the same meaning as defined in section 25-27.6-102 (6). (5) "Department" means the department of human services. (6) "Level of care" means the intensity of effort required to diagnose, preserve, or maintain an individual's physical or emotional status, with consideration toward creating a minimally restrictive and homelike environment, when feasible and safe. (7) "Long term facility" means a residential facility operated by a behavioral health entity or assisted living residence with the intent to support, stabilize, and promote long-lasting recovery by providing the appropriate level of care to patients with mental health disorders. (8) "Mental health residential facility" or "mental health facility" means a residential mental health facility operated by a behavioral health entity or an assisted living residence to serve individuals with a mental health disorder who need the support of a long-term residential setting including persons coming from a: (a) Colorado mental health institute; (b) Hospital designated as a placement facility for seventy-two hour evaluation and treatment, and short-term and long-term support; (c) Community behavioral health safety net provider; (d) Walk-in crisis center, crisis stabilization unit, or acute treatment unit operating as part of the behavioral health crisis response system; or (e) Hospital emergency room.

C.R.S. § 27-71-103 Mental health residential facilities - additional beds

27-71-103. Mental health residential facilities - additional beds. (1) (a) On or before July 1, 2024, the department and the department of health care policy and financing shall jointly create, develop, or contract, which may include the cost of renovation at private facilities, for at least an additional one hundred and twenty-five beds at mental health residential facilities throughout the state based on the greatest areas of need. The beds in the mental health facilities are available for adult individuals in need of ongoing supportive services, but individuals with a severe mental illness or a dual diagnosis of mental illness and alcohol or substance use disorder must be prioritized. When available, the department shall use existing department properties for the mental health facilities. (b) At a minimum, the department shall ensure that the mental health residential facilities offer the following services: (I) Assistance with medication; (II) Direct support personnel including assistance with activities of daily living; (III) Intensive case management services; (IV) Life skills training; and (V) Non-medical transportation. (c) The department and the department of health care policy and financing shall work collaboratively to ensure the beds in the mental health facilities are eligible for federal funding through the medical assistance program. (2) (a) The beds at the mental health facilities created pursuant to this section are intended primarily for adult individuals with serious mental illness or a co-occurring mental health and substance use disorder in need of services. A mental health facility may also provide services to an individual in need of competency restoration pursuant to article 8.5 of title 16 who does not require imprisonment in a jail. (b) The department, in collaboration with the behavioral health administration and the department of health care policy and financing, shall prioritize placement for individuals in the civil system who are leaving the mental health institutes at Pueblo and Fort Logan, civil individuals being discharged from inpatient settings, individuals receiving involuntary mental health treatment pursuant to article 65 of this title 27, and civil individuals in need of residential services who are in a mental health crisis facility, acute care hospital, or in the community. (c) The state department, in collaboration with the behavioral health administration and the department of health care policy and financing, shall establish criteria for admissions and discharge planning, quality assurance monitoring, appropriate length of stay, and compliance with applicable federal law. For the mental health residential facilities created pursuant to this section, admission criteria for facilities must include: (I) Prioritization of people with serious mental illness who have complex or co-occurring conditions as defined by the state department; and (II) For treatment beds that do not serve individuals covered under a home- and community-based waiver, offering priority placement to individuals under a certification for short-term or extended short-term treatment pursuant to section 27-65-107 or 27-65-108 and long-term care and treatment pursuant to section 27-65-109 on an outpatient basis. (d) The state department shall collaborate with relevant stakeholders when establishing the criteria described in subsection (2)(c) of this section. (3) The department shall distribute the money for the creation of additional beds pursuant to this section no later than December 30, 2024. Any person receiving money pursuant to this section shall spend or obligate all money received in accordance with section 24-75-226 (4)(d).

C.R.S. § 27-71-104 Mental health residential facilities - initial license requirements - repeal

27-71-104. Mental health residential facilities - initial license requirements - repeal. (Repealed)

C.R.S. § 27-71-105 Mental health residential facilities - licensing requirements - rules

27-71-105. Mental health residential facilities - licensing requirements - rules. (1) On and after July 1, 2023, unless licensed as an assisted living facility, any person, partnership, association, or corporation operating a mental health residential facility shall obtain a license from the behavioral health administration. By July 1, 2023, the BHA shall promulgate rules establishing minimum standards for the operation and licensing of mental health facilities. The rules must address, at a minimum, health, safety, welfare, and programmatic and treatment consideration. (2) Notwithstanding the requirement of subsection (1) of this section, a mental health facility need not be licensed as a mental health facility if the facility is: (a) Licensed pursuant to article 27 of title 25; and (b) Providing services to individuals under a home- and community-based services for persons with major mental health disorders waiver pursuant to part 6 of article 6 of title 25.5.