C.R.S. § 27-65-102 — CO Code / Title 27 / Article 65 / Section 27-65-102
27-65-102. Definitions
Status: repealed

27-65-102. Definitions. As used in this article 65, unless the context otherwise requires:

(1) "Acute treatment unit" means a facility or a distinct part of a facility for short-term psychiatric care, which may include treatment for substance use disorders, that provides a total, twenty-four-hour, therapeutically planned and professionally staffed environment for persons who do not require inpatient hospitalization but need more intense and individual services than are available on an outpatient basis, such as crisis management and stabilization services.

(2) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-60-203.

(3) "Behavioral health crisis" means a significant disruption in a person's mental or emotional stability or functioning resulting in an urgent need for immediate assessment and treatment to prevent a serious deterioration in the person's mental or physical health.

(4) "Behavioral health crisis response team" means a mobile team that responds to people in the community who are in a behavioral health crisis and includes at least one licensed or bachelor-degree-level behavioral health worker. A "behavioral health crisis response team" includes, but is not limited to, a co-responder model, mobile crisis response unit, or a community response team.

(5) "Behavioral health entity" has the same meaning as set forth in section 27-50-101.

(6) "Certified peace officer" means any certified peace officer as described in section 16-2.5-102.

(7) "Commissioner" means the commissioner of the behavioral health administration established in section 27-60-203.

(8) "Court" means any district court of the state of Colorado and the probate court in the city and county of Denver.

(9) "Court-ordered evaluation" means an evaluation ordered by a court pursuant to section 27-65-106.

(10) "Danger to the person's self or others" means:

(a) A person poses a substantial risk of physical harm to the person's self as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm to the person's self; or

(b) A person poses a substantial risk of physical harm to another person or persons, as manifested by evidence of recent homicidal or other violent behavior by the person in question, or by evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them, as evidenced by a recent overt act, attempt, or threat to do serious physical harm by the person in question.

(11) "Department" means the department of human services.

(12) "Emergency medical services facility" means a general hospital with an emergency department or a freestanding emergency department, as defined in section 25-1.5-114 (5). An emergency medical services facility is not required to be, but may elect to become, a facility designated or approved by the commissioner.

(13) "Emergency medical services provider" has the same meaning as set forth in section 25-3.5-103 (8).

(14) Repealed.

(15) "Facility" means a public hospital or a licensed private hospital, behavioral health entity, institution, or residential child care facility that provides treatment for persons with mental health disorders.

(16) "Family member" means a spouse, partner in a civil union, as defined in section 14-15-103 (5), parent, adult child, or adult sibling of a person with a mental health disorder.

(17) "Gravely disabled" means a condition in which a person, as a result of a mental health disorder, is incapable of making informed decisions about or providing for the person's essential needs without significant supervision and assistance from other people. As a result of being incapable of making these informed decisions, a person who is gravely disabled is at risk of substantial bodily harm, dangerous worsening of any concomitant serious physical illness, significant psychiatric deterioration, or mismanagement of the person's essential needs that could result in substantial bodily harm. A person of any age may be "gravely disabled", but the term does not include a person whose decision-making capabilities are limited solely by the person's developmental disability.

(18) "Hospitalization" means twenty-four-hour out-of-home placement for treatment in a facility for a person with a mental health disorder.

(19) "Independent professional person" means a professional person who evaluates a minor's condition as an independent decision-maker and whose recommendations are based on the standard of what is in the best interest of the minor. The professional person may be associated with the admitting facility if the professional person is free to independently evaluate the minor's condition and need for treatment and has the authority to refuse admission to any minor who does not satisfy the statutory standards specified in section 27-65-104 (2).

(20) "Intervening professional" means a person who is one of the following:

(a) A professional person;

(b) A physician assistant licensed pursuant to section 12-240-113;

(c) An advanced practice registered nurse, as defined in section 12-255-104 (1);

(d) A registered professional nurse, as defined in section 12-255-104 (11), who has specific mental health training as identified by the BHA;

(e) A clinical social worker licensed pursuant to part 4 of article 245 of title 12;

(f) A marriage and family therapist licensed pursuant to part 5 of article 245 of title 12;

(g) A professional counselor licensed pursuant to part 6 of article 245 of title 12; or

(h) An addiction counselor licensed pursuant to part 8 of article 245 of title 12.

(21) "Lay person" means a person identified by another person who is detained on an involuntary emergency mental health hold pursuant to section 27-65-106, certified for short-term treatment pursuant to section 27-65-109, or certified for long-term care and treatment pursuant to section 27-65-110 who is authorized to participate in activities related to the person's involuntary emergency mental health hold, short-term treatment, or long-term treatment, including court appearances, discharge planning, and grievances. The person may rescind the lay person's authorization at any time.

(22) "Mental health disorder" includes one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality or to control behavior. An intellectual or developmental disability is insufficient to either justify or exclude a finding of a mental health disorder pursuant to the provisions of this article 65.

(23) "Minor" means a person under eighteen years of age; except that the term does not include a person who is fifteen years of age or older who is living separately and apart from the person's parent or legal guardian and is managing the person's own financial affairs, regardless of the person's source of income, or who is married and living separately and apart from the person's parent or legal guardian.

(24) "Patient representative" means a person designated by a mental health facility to process patient complaints or grievances or to represent patients who are minors pursuant to section 27-65-104 (4).

(25) "Petitioner" means any person who files any petition in any proceeding in the interest of any person who allegedly has a mental health disorder or is allegedly gravely disabled.

(26) "Physician" means a person licensed to practice medicine in this state.

(27) "Professional person" means a person licensed to practice medicine in this state, a psychologist licensed to practice in this state, or a person licensed and in good standing to practice medicine in another state or a psychologist licensed to practice and in good standing in another state who is providing medical or clinical services at a treatment facility in this state that is operated by the armed forces of the United States, the United States public health service, or the United States department of veterans affairs.

(28) "Residential child care facility" has the same meaning as set forth in section 26-6-903 (29). A residential child care facility may be eligible for designation by the commissioner pursuant to this article 65.

(29) "Respondent" means either a person alleged in a petition filed pursuant to this article 65 to have a mental health disorder or be gravely disabled or a person certified pursuant to the provisions of this article 65.

(30) "Screening" means a review of all petitions, to consist of an interview with the petitioner and, whenever possible, the respondent; an assessment of the problem; an explanation of the petition to the respondent; and a determination of whether the respondent needs and, if so, will accept on a voluntary basis, a comprehensive evaluation, treatment, referral, and other appropriate services, either on an inpatient or an outpatient basis.

(31) "Secure transportation provider" means a provider licensed pursuant to section 25-3.5-310 to provide public or private secure transportation services.
C.R.S. § 27-60-201 — CO Code / Title 27 / Article 60 / Part 2 / Section 27-60-201
27-60-201. Legislative declaration
Status: in_force

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.

(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. § 27-10.5-116 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-116
27-10.5-116. Right to religious belief, practice, and worship - repeal
Status: repealed

27-10.5-116. Right to religious belief, practice, and worship - repeal. (Repealed)
C.R.S. § 27-50-505 — CO Code / Title 27 / Article 50 / Part 5 / Section 27-50-505
27-50-505. License - denial - suspension - revocation
Status: in_force

27-50-505. License - denial - suspension - revocation. (1) When an application for an initial license to operate a behavioral health entity pursuant to section 27-50-503 has been denied by the BHA, the BHA shall notify the applicant in writing of the denial by mailing a notice to the applicant at the address shown on the application. Any applicant aggrieved by a denial may pursue a review as provided in article 4 of title 24, and the BHA shall follow the provisions and procedures specified in article 4 of title 24.

(2) (a) The BHA may suspend, revoke, or refuse to renew the license of any behavioral health entity that is out of compliance with the requirements of this part 5 or the rules promulgated pursuant to this part 5. Suspension, revocation, or refusal must not occur until after a hearing and in compliance with the provisions and procedures specified in article 4 of title 24; except that the BHA may summarily suspend a behavioral health entity's license before a hearing in accordance with section 24-4-104 (4)(a).

(b) After conducting a hearing in accordance with article 4 of title 24, the BHA may revoke or refuse to renew a behavioral health entity's license if the owner, manager, or administrator of the behavioral health entity has been convicted of a felony or misdemeanor involving conduct that the BHA determines could pose a risk to the health, safety, or welfare of the behavioral health entity's consumers.

(3) The BHA may impose intermediate restrictions or conditions on a behavioral health entity that may include at least one of the following:

(a) Retaining a consultant to address corrective measures;

(b) Monitoring by the BHA for a specific period;

(c) Providing additional training to employees, owners, or operators of the behavioral health entity;

(d) Complying with a directed written plan to correct the violation; or

(e) (I) Paying a civil fine not to exceed two thousand dollars in a calendar year.

(II) The assessment of civil fines shall follow the procedures set forth in section 26.5-5-323.

(4) If the BHA assesses a civil fine pursuant to subsection (3)(e) of this section, the BHA shall transmit the money to the state treasurer, who shall credit the money to the general fund.
C.R.S. § 27-60-103 — CO Code / Title 27 / Article 60 / Part 1 / Section 27-60-103
27-60-103. Behavioral health crisis response system - services - request for proposals - cr
Status: repealed

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.

(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.

(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.

(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. § 27-62-101 — CO Code / Title 27 / Article 62 / Section 27-62-101
27-62-101. Definitions
Status: repealed

27-62-101. Definitions. As used in this article 62, unless the context otherwise requires:

(1) "At risk of out-of-home placement" means a child or youth who is eligible for medical assistance pursuant to articles 4, 5, and 6 of title 25.5 and the child or youth:

(a) Has been diagnosed as having a mental health disorder, as defined in section 27-65-102, or a behavioral health disorder; and

(b) May require a level of care that is provided in a residential child care facility, inpatient psychiatric hospital, or other intensive care setting outside of the child's or youth's home. "At risk of out-of-home placement" includes a child or youth who:

(I) Is entering the division of youth services; or

(II) Is at risk of child welfare involvement.

(1.5) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102.

(2) "Behavioral health disorder" means a substance use disorder, mental health disorder, or one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impair judgment or capacity to recognize reality or to control behavior, including serious emotional disturbances. "Behavioral health disorder" also includes those mental health disorders listed in the most recent versions of the diagnostic statistical manual of mental health disorders, the diagnostic classification of mental health and developmental disorders of infancy and early childhood, and the international statistical classification of diseases and related health problems.

(3) "Child and youth" means a person who is twenty-six years of age or younger.

(3.5) "Commissioner" means the commissioner of the behavioral health administration.

(4) "Managed care entity" means an entity that enters into a contract to provide services in the statewide managed care system pursuant to articles 4, 5, and 6 of title 25.5.

(5) "Mental health professional" means an individual licensed as a mental health professional pursuant to article 245 of title 12 or a professional person, as defined in section 27-65-102 (27).

(6) "Out-of-home placement" means a child or youth who is eligible for medical assistance pursuant to articles 4, 5, and 6 of title 25.5 and the child or youth:

(a) Has been diagnosed as having a mental health disorder, as defined in section 27-65-102, or a behavioral health disorder; and

(b) May require a level of care that is provided in a residential child care facility, inpatient psychiatric hospital, or other intensive care setting outside of the child's or youth's home. "Out-of-home placement" includes a child or youth who:

(I) Has entered the division of youth services; or

(II) Is at risk of child welfare involvement.

(7) "Standardized assessment tool" means a multipurpose instrument that facilitates the link between assessment and level of care and individualized service planning, facilitates quality improvement activities, and allows for monitoring of outcomes of services.

(8) Repealed.

(9) "Wraparound" means a high-fidelity, individualized, family-centered, strengths-based, and intensive care planning and management process used in the delivery of behavioral health services for a child or youth with a behavioral health disorder, commonly utilized as part of the system of care framework.
C.R.S. § 27-80-216 — CO Code / Title 27 / Article 80 / Part 2 / Section 27-80-216
27-80-216. Policy verifying identity
Status: in_force

27-80-216. Policy verifying identity. The BHA shall establish a policy on how a substance use disorder treatment program must verify the identity of individuals initiating into detoxification, withdrawal, or maintenance treatment for a substance use disorder. The BHA policy must include verification requirements for individuals without identification and individuals experiencing homelessness.
C.R.S. § 27-10.5-117 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-117
27-10.5-117. Rights to communications and visits - repeal
Status: repealed

27-10.5-117. Rights to communications and visits - repeal. (Repealed)
C.R.S. § 27-65-125 — CO Code / Title 27 / Article 65 / Section 27-65-125
27-65-125. Treatment in federal facilities
Status: in_force

27-65-125. Treatment in federal facilities. (1) If a person is certified pursuant to this article 65 and is eligible for hospital care or treatment by an agency of the United States, and if a certificate of notification from the agency showing that facilities are available and that the person is eligible for care or treatment is received, the court may order the person to be placed in the custody of the agency for hospitalization. When any person is admitted pursuant to an order of court to any hospital or institution operated by any agency of the United States within or outside this state, the person is subject to the rules and regulations of the agency. The chief officer of any hospital or institution operated by an agency in which the person is so hospitalized shall, with respect to the person, be vested with the same powers as the chief officer of the Colorado mental health institute at Pueblo with respect to detention, custody, transfer, conditional release, or discharge of patients. Jurisdiction is retained in the appropriate courts of this state to inquire into the mental condition of a person so hospitalized and to determine the necessity for continuance of the person's hospitalization.

(2) An order of a court of competent jurisdiction of another state, territory, or the District of Columbia authorizing hospitalization of a person to any agency of the United States has the same effect as to the person while in this state as in the jurisdiction in which the court entering the order is situated; the courts of the state or district issuing the order retain jurisdiction of the person so hospitalized for the purpose of inquiring into the person's mental condition and for determining the necessity for continuance of the person's hospitalization. Consent is given to the application of the law of the state or district in which the court issuing the order for hospitalization is located, with respect to the authority of the chief officer of any hospital or institution operated in this state by any agency of the United States to retain custody, transfer, conditionally release, or discharge the person hospitalized.
C.R.S. § 27-60-109 — CO Code / Title 27 / Article 60 / Part 1 / Section 27-60-109
27-60-109. Youth mental health services program - established - report - rules - definition
Status: repealed

27-60-109. Youth mental health services program - established - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Portal" means the website or web-based application described in subsection (4) of this section that facilitates the program.

(b) "Program" means the youth mental health services program established in this section.

(c) "Provider" means a licensed psychiatrist regulated pursuant to article 240 of title 12 or any of the following licensees, certified professionals, or candidates regulated pursuant to article 245 of title 12: A licensed psychologist or psychologist candidate; licensed social worker, licensed clinical social worker, or clinical social worker candidate; licensed marriage and family therapist or marriage and family therapist candidate; licensed professional counselor or licensed professional counselor candidate; or licensed addiction counselor, certified addiction specialist, or addiction counselor candidate.

(d) "Telehealth" has the same meaning set forth in section 10-16-123.

(e) "Youth" means:

(I) A person eighteen years of age or younger; and

(II) A person who is twenty-one years of age or younger but older than eighteen years of age who is receiving special education services pursuant to part 1 of article 20 of title 22.

(f) "Youth participant" means a youth who participates in a mental health session that is reimbursed pursuant to the program.

(2) (a) There is established in the behavioral health administration the youth mental health services program to facilitate access to mental health services, including substance use disorder services, for youth to respond to mental health needs identified in an initial mental health screening through the portal. The program reimburses providers for up to three mental health sessions with a youth.

(b) The BHA shall reimburse providers who participate in the program for each mental health session with a youth, either in-person or by telehealth, up to a maximum of three sessions per youth client; except that subject to available money, the BHA may reimburse a provider for additional sessions. To be eligible for reimbursement from the program, a provider must be available to provide three mental health sessions to each youth the provider accepts as a client.

(c) A provider shall maintain client confidentiality pursuant to state or federal law with regard to a youth client who participates in a mental health session with the provider that is reimbursed pursuant to the program.

(3) (a) The BHA shall:

(I) Develop a process consistent with the requirements of this section for providers to apply for, and demonstrate eligibility to receive, reimbursement from the program;

(II) Determine a reasonable rate of reimbursement for each mental health session with a youth client pursuant to the program, which rate must be the same regardless of whether the appointment is a telehealth or in-person appointment; and

(III) Implement a statewide public awareness and outreach campaign about the program. The general assembly encourages the BHA to involve schools, neighborhood youth organizations, health-care providers, faith-based organizations, and any other community-based organizations that interact with youth on the local level in disseminating information about the program.

(b) The state board may promulgate rules necessary for the administration of this section, including rules to protect the privacy of youth who receive services through the program.

(4) (a) The BHA shall enter into an agreement with a vendor to create, or use an existing, website or web-based application as a portal available to youth and providers to facilitate the program. The portal must:

(I) Serve as a platform for initial age-appropriate mental health screenings to determine if a youth may benefit from mental health support;

(II) Allow providers to register and share in-person or telehealth appointment availability;

(III) When possible, connect youth with providers who accept the youth's insurance or payment source that may cover the costs of ongoing mental health treatment, if the youth has insurance or a payment source; and

(IV) Allow a youth, regardless of whether the youth has insurance or any other payment source, to schedule telehealth appointments with a provider. An in-person appointment may be provided if and when available.

(b) Repealed.

(4.5) (a) On or before June 1 of each year, the vendor described in subsection (4) of this section shall deliver to the BHA any of the following, collected during the prior year:

(I) Information about the program collected from surveys of youth participants, parents, and providers; and

(II) Data from evaluations conducted by the vendor about the efficacy of the program, including whether the program is serving the mental health needs of youth participants.

(b) The BHA shall conduct a survey of each provider who participates in the program that solicits feedback about the following:

(I) The met and unmet mental health needs of the youth participants who engaged in treatment with the provider;

(II) Whether the provider made referrals for youth participants for additional services beyond what is provided pursuant to the program; and

(III) Any other elements of the program.

(c) This subsection (4.5) does not authorize the BHA, a provider, a vendor, or any other person to violate applicable federal or state patient privacy laws.

(5) On or before June 30 of each year, the state department shall report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, regarding the number of youth who received services under the program, excluding any personally identifiable information in accordance with state and federal law; information in aggregate about the services provided to youth under the program; other relevant information regarding the program; and the information reported to the BHA by the vendor pursuant to subsection (4.5) of this section.

(5.5) Repealed.

(6) This section is repealed, effective June 30, 2034.
C.R.S. § 27-63-102 — CO Code / Title 27 / Article 63 / Section 27-63-102
27-63-102. High-intensity behavioral health treatment programs - identification - departmen
Status: repealed

27-63-102. High-intensity behavioral health treatment programs - identification - departments' duties. (Repealed)
C.R.S. § 27-10.5-134 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-134
27-10.5-134. Civil action and attorney fees - repeal
Status: repealed

27-10.5-134. Civil action and attorney fees - repeal. (Repealed)
C.R.S. § 27-50-801 — CO Code / Title 27 / Article 50 / Part 8 / Section 27-50-801
27-50-801. Veteran suicide prevention pilot program - rules - report - definitions - repeal
Status: repealed

27-50-801. Veteran suicide prevention pilot program - rules - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Pilot program" means the veteran suicide prevention pilot program described in subsection (2) of this section.

(b) "Veteran" has the same meaning set forth in section 28-5-100.3.

(2) (a) The behavioral health administration shall establish a veteran suicide prevention pilot program to reduce the suicide rate and suicidal ideation among veterans by providing no-cost, stigma-free, confidential, and effective behavioral health treatment for veterans and their families.

(b) The BHA shall establish the pilot program to provide services for seven hundred veterans in El Paso county. Subject to available appropriations, the BHA may, at any time, expand the pilot program to serve more than seven hundred veterans or to other areas of the state.

(3) (a) The pilot program must:

(I) Provide a single phone number or offer electronic means of contacting the pilot program, including e-mail or an electronic form on the pilot program's website, that a veteran may use to contact the pilot program to make inquiries about available services and schedule consultations and treatment appointments;

(II) Provide treatment for conditions experienced by veterans that may contribute to suicidal ideation, including, but not limited to, post-traumatic stress disorder, depression, military sexual trauma, substance use disorder, and symptoms of traumatic brain injury; and

(III) Develop an individualized treatment plan for each veteran who is receiving treatment.

(b) The pilot program may enter into agreements with treatment providers in the pilot program area to provide the services described in subsections (3)(a)(II) and (3)(a)(III) of this section.

(4) The BHA shall adopt rules necessary for the administration of this section.

(5) The BHA may enter into an agreement with a nonprofit or educational organization to administer the pilot program. The nonprofit or educational organization must have at least five years' experience providing services described in this section to veterans and satisfy any additional qualifications established by the BHA. The BHA shall adopt rules to establish additional qualifications for a nonprofit or educational organization to ensure efficient and effective administration of the pilot program and a process for selecting a nonprofit or educational organization to administer the pilot program.

(6) In its annual report to the committees of reference pursuant to section 2-7-203, the BHA shall include information concerning the pilot program and whether any changes should be made to the pilot program that would increase its effectiveness. In its final report prior to the repeal of this section, the BHA shall include a recommendation of whether the pilot program should be continued.

(7) This section is repealed, effective June 30, 2025.
C.R.S. § 27-10.5-129 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-129
27-10.5-129. Competency to give consent to sterilization - repeal
Status: repealed

27-10.5-129. Competency to give consent to sterilization - repeal. (Repealed)
C.R.S. § 27-81-107 — CO Code / Title 27 / Article 81 / Section 27-81-107
27-81-107. Compliance with local government zoning regulations - notice to local government
Status: repealed

27-81-107. Compliance with local government zoning regulations - notice to local governments - provisional approval - repeal. (Repealed)
C.R.S. § 27-10.5-141 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-141
27-10.5-141. Retaliation prohibited - repeal
Status: repealed

27-10.5-141. Retaliation prohibited - repeal. (Repealed)
C.R.S. § 27-65-101 — CO Code / Title 27 / Article 65 / Section 27-65-101
27-65-101. Legislative declaration
Status: in_force

27-65-101. Legislative declaration. (1) The general assembly declares that the purposes of this article 65 are:

(a) To secure for each person with a mental health disorder such care and treatment suited to the person's needs and to ensure that the care and treatment are skillfully and humanely administered with full respect for the person's dignity and personal integrity;

(b) To deprive a person of the person's liberty for purposes of care or treatment only when less restrictive alternatives are unavailable and only when the person's safety or the safety of others is endangered;

(c) To provide the fullest possible measure of privacy, dignity, and other rights to persons undergoing care and treatment for a mental health disorder;

(d) To encourage the use of voluntary, rather than coercive, measures to provide care and treatment for mental health disorders and to provide the care and treatment in the least restrictive setting;

(e) To provide appropriate information to family members concerning the location and fact of admission of a person with a mental health disorder to inpatient or residential care and treatment;

(f) To encourage the appropriate participation of family members in the care and treatment of a person with a mental health disorder and, when appropriate, to provide information to family members in order to facilitate that participation; and

(g) To facilitate the recovery and resiliency of each person who receives care and treatment pursuant to this article 65.

(2) To carry out these purposes, the provisions of this article 65 must be liberally construed.
C.R.S. § 27-65-119 — CO Code / Title 27 / Article 65 / Section 27-65-119
27-65-119. Rights of respondents certified for short-term treatment or long-term care and t
Status: in_force

27-65-119. Rights of respondents certified for short-term treatment or long-term care and treatment. (1) Each respondent certified for short-term treatment or long-term care and treatment on an inpatient basis pursuant to sections 27-65-108.5, 27-65-109, and 27-65-110 has the following rights and shall be advised of such rights by the facility:

(a) To be treated fairly, with respect and recognition of the respondent's dignity and individuality, by all employees of the facility with whom the respondent comes in contact;

(b) To not be discriminated against on the basis of age, race, ethnicity, religion, culture, spoken language, physical or mental disability, socioeconomic status, sex, sexual orientation, gender identity, or gender expression;

(c) To retain and consult with an attorney at any time;

(d) To meet with or call a personal clinician, spiritual advisor, counselor, crisis hotline, family member, workplace, child care provider, or school at all reasonable times;

(e) To continue the practice of religion;

(f) Within twenty-four hours after the respondent's request, to see and receive the services of a patient representative who has no direct or indirect clinical, administrative, or financial responsibility for the person;

(g) To receive and send sealed correspondence, as well as to be given the assistance of facility staff if the respondent is unable to write, prepare, or mail correspondence. Facility staff shall not open, delay, intercept, read, or censor mail or other communications or use mail or other communications as a method to enforce compliance with facility staff.

(h) To have the respondent's behavioral health orders for scope of treatment or psychiatric advance directive reviewed and considered by the court as the preferred treatment option for involuntary administration of medications unless, by clear and convincing evidence, the respondent's directive does not qualify as effective participation in behavioral health decision-making;

(i) To have reasonable access to telephones or other communication devices and to make and receive calls or communications in private;

(j) To have frequent and convenient opportunities to meet with visitors;

(k) To see the respondent's attorney, clergyperson, or physician at any time;

(l) To wear the respondent's own clothes, keep and use the respondent's own personal possessions, including the person's cell phone, and keep and be allowed to spend a reasonable sum of the respondent's own money;

(m) To have the respondent's information and records disclosed to family members and a lay person pursuant to section 27-65-123;

(n) To have the respondent's treatment records remain confidential, except as required by law;

(o) To have appropriate access to adequate water, hygiene products, and food and to have the respondent's nutritional needs met in a manner that is consistent with recognized dietary practices;

(p) To have personal privacy to the extent possible during the course of treatment; and

(q) To have access to a representative within the facility who provides assistance to file a grievance.

(2) A respondent's rights under subsection (1) of this section may be denied if access to the item, program, or service would endanger the safety of the respondent or another person in close proximity and may only be denied by a person involved in the respondent's care. Denial of any right must be entered into the respondent's treatment record. Information pertaining to a denial of rights contained in the respondent's treatment record must be made available, upon request, to the respondent, the respondent's legal guardian, or the respondent's attorney.

(3) A respondent admitted to or in a facility must not be fingerprinted unless required by other provisions of law.

(4) A respondent may be photographed upon admission for identification and the administrative purposes of the facility. The photographs are confidential and must not be released by the facility except pursuant to court order. Nonmedical photographs shall not be taken or used without appropriate consent or authorization.

(5) Any respondent receiving evaluation or treatment under any of the provisions of this article 65 is entitled to a written copy and verbal description in a language or modality accessible to the person of all the rights enumerated in this section, and a minor child must receive written notice of the minor's rights as provided in section 27-65-104 (6)(g). A list of the rights must be prominently posted in all evaluation and treatment facilities in the predominant languages of the community and explained in a language or modality accessible to the respondent. The facility shall assist the respondent in exercising the rights enumerated in this section.

(6) A facility shall not intentionally retaliate or discriminate against a person or employee for contacting or providing information to any official or to an employee of any state protection and advocacy agency, or for initiating, participating in, or testifying in a grievance procedure or in an action for any remedy authorized pursuant to this section. Any facility that violates this subsection (6) commits an unclassified misdemeanor and shall be fined not more than one thousand dollars.

(7) Any respondent whose rights are denied or violated pursuant to this section has the right to file a compliant against the facility with the behavioral health administration and the department of public health and environment.
C.R.S. § 27-10.5-110.5 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-110.5
27-10.5-110.5. Rights of persons with intellectual and developmental disabilities
Status: in_force

27-10.5-110.5. Rights of persons with intellectual and developmental disabilities. Each person receiving services pursuant to this article and article 10 of title 25.5, C.R.S., shall have the rights set forth in sections 25.5-10-223 to 25.5-10-230, C.R.S.
C.R.S. § 27-50-403 — CO Code / Title 27 / Article 50 / Part 4 / Section 27-50-403
27-50-403. Behavioral health administrative services organizations - contract requirements
Status: in_force

27-50-403. Behavioral health administrative services organizations - contract requirements - individual access - care coordination. (1) The BHA shall develop a contract for designated behavioral health administrative services organizations, which must include, but is not limited to, the following:

(a) Requirements to establish and maintain a continuum of care and network adequacy in the service area consistent with part 3 of this article 50, including but not limited to providing all behavioral health safety net services described in section 27-50-301;

(b) Expectations for subcontracting with behavioral health safety net providers and other providers, consistent with part 3 of this article 50, including prioritization of comprehensive community behavioral health providers;

(c) Expectations for adherence to the universal contracting provisions developed pursuant to section 27-50-203 and use of the universal contracting provisions with all relevant subcontractors;

(d) Reporting requirements related to claiming federal funding for eligible services and programs;

(e) Prohibitions on denying or prohibiting access to any medically necessary behavioral health service, including medication-assisted treatment, as defined in section 23-21-803, for a substance use disorder;

(f) Requirements to serve all individuals in need of services and a specific prohibition on denial of services for any of the reasons provided in section 27-50-301 (4);

(g) Agreements on data collection and reporting, including any provisions necessary to implement section 27-50-201;

(h) Procedures related to corrective actions pursuant to section 27-50-402;

(i) Any provisions necessary to ensure the behavioral health administrative services organization fulfills the functions provided in subsection (2) of this section;

(j) Requirements for calculating and reporting the annual administrative costs. The BHA shall establish and enforce the maximum allowable administrative cost ratios for the behavioral health administrative services organizations and report the actual performance of each behavioral health administrative services organization annually.

(k) A requirement that the behavioral health administrative services organization perform appropriate fiscal management and quality oversight of providers in its network within the scope of the provider's contract, including, but not limited to, the behavioral health administrative services organization directly engaging in audits and corrective action plans with providers in its network to ensure compliance with the contract.

(l) Requirements for the behavioral health administrative services organizations to collaborate with diversion programs, statewide criminal justice programs, and the bridges wraparound care program created pursuant to article 8.6 of title 16, when the programs are available in the behavioral health administrative services organization's region.

(2) A behavioral health administrative services organization shall:

(a) Proactively engage hard-to-serve individuals with adequate case management and care coordination throughout the care continuum;

(b) Implement trauma-informed care practices;

(c) Accept and provide behavioral health safety net services to individuals outside of the behavioral health administrative services organization's region;

(d) Promote competency in de-escalation techniques;

(e) Through network adequacy and other methods, ensure timely access to treatment, including high-intensity behavioral health treatment and community-based treatment for all individuals including children, youth, and adults;

(f) Require collaboration with all local law enforcement and county agencies in the service area, including county departments of human or social services and local collaborative management programs within the service area;

(g) Triage individuals who need alternative services outside the scope of the behavioral health safety net system;

(h) Promote patient-centered care, cultural awareness, and coordination of care to appropriate behavioral health safety net providers;

(i) Collaborate with schools and school districts in the service area to identify gaps in services and to promote student access to behavioral health services at school and in the contracting with providers to build the network of behavioral health safety net services, inclusion of relevant programs or services eligible for federal grants or reimbursement, including relevant programs or services identified in the federal Title IV-E prevention services clearinghouse;

(j) Update information as requested by the BHA about available treatment options and outcomes in each region of the state;

(k) Utilize evidence-based or evidence-informed programming to promote quality services;

(l) Consider, when contracting with providers to build the network of behavioral health safety net services, inclusion of relevant programs or services eligible for federal grants or reimbursement, including relevant programs or services identified in the federal Title IV-E prevention services clearinghouse; and

(m) Meet any other criteria established by the BHA.
C.R.S. § 27-70-102 — CO Code / Title 27 / Article 70 / Section 27-70-102
27-70-102. Definitions
Status: repealed

27-70-102. Definitions. As used in this article 70, unless the context otherwise requires:

(1) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102.

(2) "Facility" means a federally qualified health-care center, clinic, behavioral health entity, institution, acute treatment unit, jail, facility operated by the department of corrections, or a facility operated by the division of youth services.

(3) "Medication formulary" means the medication formulary established pursuant to section 27-70-103 for use by providers.

(4) Repealed.

(5) "Provider" means any person, facility, or government entity responsible for providing mental health services related to the care and treatment of an individual with behavioral or mental health disorders who is or was involved with the criminal or juvenile justice system.
C.R.S. § 27-62-103 — CO Code / Title 27 / Article 62 / Section 27-62-103
27-62-103. Standardized assessment tool - standardized screening tools - interagency coordi
Status: in_force

27-62-103. Standardized assessment tool - standardized screening tools - interagency coordination - single referral and entry point. (1) Standardized assessment tool. Subject to available appropriations, the BHA shall select a single standardized assessment tool to facilitate identification of behavioral health issues and other related needs in children and youth and to develop a plan to implement the tool for programmatic utilization. The BHA shall consult with the department of health care policy and financing, managed care entities, counties, stakeholders, and other relevant departments, as appropriate, prior to selecting the tool.

(2) Standardized screening tools. Subject to available appropriations, the BHA shall select developmentally appropriate and culturally competent statewide behavioral health standardized screening tools for primary care providers serving children, youth, and caregivers in the perinatal period, including postpartum women. The BHA and the department of human services may make the tools available electronically for health-care professionals and the public. Prior to the adoption of the standardized assessment tool described in subsection (1) of this section, and the standardized screening tools described in this subsection (2), the BHA shall lead a public consultation process involving relevant stakeholders, including health-care professionals and managed care entities, with input from the department of health care policy and financing, the department of public health and environment, and the division of insurance.

(3) Single statewide referral and entry point. Subject to available appropriations, the BHA, in conjunction with the department of health care policy and financing, the department of public health and environment, and other relevant departments and counties, as necessary, shall develop a plan for establishing a single statewide referral and entry point for children and youth who have a positive behavioral health screening or whose needs are identified through a standardized assessment. In developing the single statewide referral and entry point plan, the BHA shall seek input from relevant stakeholders, including counties, managed care entities participating in the statewide managed care system, families of children and youth with behavioral health disorders, communities that have previously implemented wraparound services, mental health professionals, and other relevant departments.
C.R.S. § 27-67-106 — CO Code / Title 27 / Article 67 / Section 27-67-106
27-67-106. Funding - rules
Status: repealed

27-67-106. Funding - rules. (1) In order to make mental health treatment available, it is the intent of the general assembly that mental health treatment provided pursuant to this article to each child described in section 27-67-103 (2) be provided by mental health agencies.

(2) (a) If neither the family's private insurance nor federal medicaid funding cover all of the costs associated with the services provided to a child at risk of out-of-home placement pursuant to this article, then the family is responsible for paying that portion that is not covered by private insurance or federal medicaid funding on a sliding scale basis as set forth in subsection (3) of this section. Any remaining portion of the services not covered by private insurance, federal medicaid funding, or the family's share, shall be paid for from any moneys appropriated by the general assembly for that purpose.

(b) Repealed.

(3) The state board of human services shall promulgate rules implementing a sliding scale for the payment of services, including mental health treatment and room and board, that are not covered by private insurance or federal medicaid funding. It is the intent of the general assembly that subsidies provided by the state through general fund money must be used to assist the lowest income families to ensure the maximum use of appropriate least restrictive treatment services and to provide access to the greatest number of children and youth.
C.R.S. § 27-60-501 — CO Code / Title 27 / Article 60 / Part 5 / Section 27-60-501
27-60-501. Definitions
Status: in_force

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. § 27-80-212 — CO Code / Title 27 / Article 80 / Part 2 / Section 27-80-212
27-80-212. Records confidential
Status: in_force

27-80-212. Records confidential. Prescriptions, orders, and records required by this part 2 and stocks of controlled substances are open for inspection only to federal, state, county, and municipal officers whose duty it is to enforce the laws of this state or of the United States relating to controlled substances or the regulation of practitioners. No officer having knowledge, by virtue of his or her office, of a prescription, order, or record shall divulge his or her knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer to which prosecution or proceeding the person to whom the prescriptions, orders, or records relate is a party.
C.R.S. § 27-50-404 — CO Code / Title 27 / Article 50 / Part 4 / Section 27-50-404
27-50-404. Care coordination - responsibilities of behavioral health administrative service
Status: in_force

27-50-404. Care coordination - responsibilities of behavioral health administrative services organizations - coordination with managed care entities. (1) (a) Behavioral health administrative services organizations and managed care entities have the shared responsibility of providing care coordination services in a manner consistent with article 60 of this title 27 for individuals utilizing the behavioral health safety net system.

(b) Managed care entities are responsible for providing care coordination services, as required by section 25.5-5-419, to individuals enrolled in the state medical assistance program.

(c) Behavioral health administrative services organizations are responsible for providing care coordination services, whether directly or through contract with behavioral health safety net providers, to individuals who are not currently enrolled in the state medical assistance program, with access for priority populations as required by part 3 of this article 50.

(2) The BHA shall establish objective and standardized processes for care coordination, including:

(a) Coordination between behavioral health administrative services organizations and other care coordination entities, including managed care entities, case management agencies, counties, and other behavioral health administrative services organizations, to ensure continuity of care across shared populations consistent with subsection (1) of this section;

(b) Referral processes between entities, including a behavioral health administrative services organization's responsibility to provide care coordination to an individual pending commencement of care coordination services by another entity; and

(c) Processes to ensure efficient and person-centered care coordination services for individuals who have acute and complex needs, including individuals involved in the civil involuntary treatment system pursuant to articles 65 and 81 of this title 27; individuals transitioning out of treatment settings or acute care settings; and individuals involved in the child welfare, juvenile justice, or criminal justice systems.

(3) A behavioral health administrative services organization shall ensure care coordination services through its network and include local partners, when appropriate, such as counties, school districts, the office of bridges of Colorado established in article 95 of title 13, and local collaborative management programs.
C.R.S. § 27-50-101 — CO Code / Title 27 / Article 50 / Part 1 / Section 27-50-101
27-50-101. Definitions
Status: repealed

27-50-101. Definitions. As used in this article 50, 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 issues and disorders include substance use disorders, mental health disorders, serious psychological distress, serious mental disturbance, and suicide and range from unhealthy stress or subclinical conditions to diagnosable and treatable diseases. "Behavioral health" also describes service systems that encompass promotion of emotional health and prevention and treatment services for mental health disorders and substance use disorders.

(2) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102.

(3) "Behavioral health disorder" means an alcohol use disorder, a mental health disorder, or a substance use disorder.

(4) "Behavioral health entity" means a facility or provider organization engaged in providing community-based health services, which may include services for a behavioral health disorder but does not include detention and commitment facilities operated by the division of youth services within the department of human services or services provided by a licensed or certified mental health-care provider under the provider's individual professional practice act on the provider's own premises.

(5) "Behavioral health program" means the specific services and administration of those services by a behavioral health provider.

(6) "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 providing 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.

(7) "Behavioral health safety net provider" means comprehensive community behavioral health providers and essential behavioral health safety net providers. A community mental health center pursuant to 42 U.S.C. sec. 300x-2(c) that is licensed as a behavioral health entity may apply to be approved as a comprehensive community behavioral health provider, an essential behavioral health safety net provider, or both.

(8) "Behavioral health safety net services" means the specific behavioral health services for children, youth, and adults that must be provided statewide pursuant to part 3 of this article 50.

(8.5) "Boarding" means when a child or youth under twenty-one years of age has been waiting longer than twelve hours to be placed in an appropriate treatment setting after being clinically assessed and determined to be in need of inpatient psychiatric treatment and received a determination from a licensed provider of medical stability without the need for urgent medical assessment or hospitalization for a physical condition.

(9) "Commissioner" means the commissioner of the behavioral health administration appointed pursuant to section 27-50-103.

(10) "Community-based" means outside of a hospital, psychiatric hospital, detention and commitment facility operated by the division of youth services within the department of human services, or nursing home.

(11) "Comprehensive community behavioral health provider" means a licensed behavioral health entity or behavioral health provider approved by the behavioral health administration to provide care coordination and the following behavioral health safety net services, either directly or through formal agreements with behavioral health providers in the community or region:

(a) Emergency and crisis behavioral health services;

(b) Mental health and substance use outpatient services;

(c) Behavioral health high-intensity outpatient services;

(d) Care management;

(e) Outreach, education, and engagement services;

(f) Mental health and substance use recovery supports;

(g) Repealed.

(h) Outpatient competency restoration; and

(i) Screening, assessment, and diagnosis, including risk assessment, crisis planning, and monitoring to key health indicators.

(11.5) "Covered entity" means an entity subject to HIPAA.

(12) "Department" means the department of human services created pursuant to section 26-1-105.

(13) "Essential behavioral health safety net provider" means a licensed behavioral health entity or behavioral health provider approved by the behavioral health administration to provide care coordination and at least one of the following behavioral health safety net services:

(a) Emergency or crisis behavioral health services;

(b) Behavioral health outpatient services;

(c) Behavioral health high-intensity outpatient services;

(d) Behavioral health residential services;

(e) Withdrawal management services;

(f) Behavioral health inpatient services;

(g) Integrated care services;

(h) Hospital alternatives; or

(i) Additional services that the behavioral health administration determines are necessary in a region or throughout the state.

(13.5) "Extended stay" means when a child or youth under twenty-one years of age has been waiting longer than seventy-two hours to be discharged from an acute level of inpatient psychiatric care to a less intensive or less restrictive clinically appropriate level of psychiatric care, including a discharge home or to a home-like setting with behavioral health supports.

(13.7) "Friends and family input form" means a form created pursuant to section 27-50-110 to allow family and friends to provide health or background information about an individual receiving mental health or substance use services.

(14) "Health information organization network" has the same meaning as defined in section 25-3.5-103 (8.5).

(14.5) "HIPAA" means the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, as amended.

(15) "Mental health disorder" means one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality or to control behavior.

(16) "Primary prevention" means activities and strategies used to intervene before health effects occur through measures that prevent the onset of addiction, delay initial use of alcohol, marijuana, and tobacco, deter the use of illegal drugs, and promote health and wellness.

(17) (a) "Priority populations" means people who are:

(I) Uninsured, underinsured, medicaid-eligible, publicly insured, or whose income is below thresholds established by the BHA; and

(II) Presenting with acute or chronic behavioral health needs, including but not limited to individuals who have been determined incompetent to stand trial, adults with serious mental illness, and children and youth with serious emotional disturbance.

(b) The BHA shall further identify underserved populations meeting the criteria of subsection (17)(a) of this section for specific prioritization on a regional or statewide basis based on health equity data, including but not limited to people experiencing or at risk of homelessness; children and youth at risk of out-of-home placement and their parents; people involved with the criminal or juvenile justice system; people of color; American Indians; Alaska natives; veterans; people who are pregnant; people who are lesbian, gay, bisexual, transgender, or queer or questioning; and individuals with disabilities as defined by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended. The BHA shall also consider input directly from behavioral health providers that are culturally and linguistically representative of the populations they serve. The BHA shall consider recommendations from the behavioral health administrative services organizations, the advisory council, and regional subcommittees in identifying subpopulations.

(18) (a) "State agency" means any state department, state office, or state division in Colorado that administers a behavioral health program.

(b) "State agency" does not include the judicial branch of state government.

(19) "State board" means the state board of human services created pursuant to section 26-1-107.

(20) "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.

(21) "Substance use disorder program" means a program for the detoxification, withdrawal, maintenance, or treatment of a person with a substance use disorder.
C.R.S. § 27-67-105 — CO Code / Title 27 / Article 67 / Section 27-67-105
27-67-105. Monitoring - reports
Status: in_force

27-67-105. Monitoring - reports. (1) On or before September 1, 2018, and by September 1 of each year thereafter, each mental health agency shall report to the BHA the following information:

(a) The number of children and youth who are at risk of out-of-home placement and whose parent or legal guardian requested residential or community-based care pursuant to section 27-67-104 to whom the following services were provided:

(I) An assessment pursuant to section 27-67-104 (1)(a);

(II) Community-based care;

(III) Residential treatment; or

(IV) Post-residential follow-up services;

(b) The number of children and youth who are at risk of out-of-home placement and for whom a child abuse and neglect referral was made to the county department;

(c) The number of children and youth for whom either:

(I) An assessment was requested but not performed, and the reasons that the assessment was not performed; or

(II) An assessment was performed but the mental health agency did not provide services pursuant to this article 67, and the reasons that services were not provided, including whether the family refused the services offered;

(d) The costs associated with the provision of the mental health treatment services described in subsection (1)(a) of this section;

(e) The demographic information of the children, youth, and families served, as outlined by the BHA;

(f) The outcomes of treatment for the children and youth served, as determined by the BHA in consultation with mental health agencies, service providers, and families;

(g) The length of stay and funding totals for residential services and community-based care; and

(h) The aggregate number of third-party reviews completed by the BHA for children served pursuant to this article 67, delineated by children who are and are not categorically eligible for medicaid.

(2) On or after January 1, 2019, the BHA shall make the information obtained pursuant to subsection (1) of this section available to the public by posting it to the BHA's website. Any information so posted must not include any personal health information.
C.R.S. § 27-64-103 — CO Code / Title 27 / Article 64 / Section 27-64-103
27-64-103. 988 crisis hotline enterprise - creation - powers and duties
Status: in_force

27-64-103. 988 crisis hotline enterprise - creation - powers and duties. (1) There is created in the behavioral health administration the 988 crisis hotline enterprise. The enterprise is and operates as a government-owned business within the BHA for the business purpose of imposing charges pursuant to subsections (4)(a) and (4)(b) of this section, and utilizing the charges' revenue to fund the 988 crisis hotline and provide crisis outreach, stabilization, and acute care to individuals calling the 988 crisis hotline. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its power and performs its duties and functions under the BHA.

(2) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (2), the enterprise is not subject to section 20 of article X of the state constitution.

(3) The enterprise is governed by a board of directors appointed by the governor.

(4) The enterprise's primary powers and duties are to:

(a) Effective January 1, 2022, impose a 988 surcharge on service users, as defined in section 40-17.5-101 (13), in an amount to be established annually by the enterprise, in collaboration with the public utilities commission, but not to exceed thirty cents per month per 988 access connection, as defined in section 40-17.5-101 (2). On or before October 1, 2021, and on or before October 1 of each year thereafter, the enterprise, in collaboration with the public utilities commission, shall establish the amount of the surcharge for the next calendar year. The amount of the surcharge must be reasonably calculated based on the cost of the services received by telephone service users. The amount of the surcharge imposed per 988 access connection must be uniform, regardless of the technology used to provide the 988 access connection.

(b) Effective January 1, 2022, impose a prepaid wireless 988 charge on each retail transaction, as defined in section 40-17.5-104 (1)(d), in an amount to be established annually by the enterprise, in collaboration with the public utilities commission, but not to exceed thirty cents per each retail transaction in which prepaid wireless service is purchased in Colorado. On or before October 1, 2021, and on or before October 1 of each year thereafter, the enterprise, in collaboration with the public utilities commission, shall establish the amount of the charge for the next calendar year. The amount of the charge must be reasonably calculated to meet the needs of the enterprise.

(c) As required by subsection (5) of this section, fund the 988 crisis hotline to provide intervention services and crisis care coordination to individuals calling the 988 crisis hotline;

(d) (I) Engage the services of third parties serving as crisis vendors to provide crisis outreach, stabilization, acute care, and marketing for the 988 crisis hotline;

(II) Enter into any other contracts necessary for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, without regard to the "Procurement Code", articles 101 to 112 of title 24.

(III) The BHA shall provide office space and administrative staff to the enterprise pursuant to a contract entered into pursuant to subsection (4)(d)(II) of this section.

(e) By resolution, authorize and issue revenue bonds that are payable only from the money in the 988 crisis hotline cash fund created in section 27-64-104; and

(f) Adopt, amend, or repeal policies for the regulation of its affairs and the conduct of its business consistent with this section.

(5) (a) On or before July 1, 2022, the enterprise shall fund a nonprofit organization to operate the 988 crisis hotline and provide intervention services and crisis care coordination to individuals calling the 988 crisis hotline from any jurisdiction within Colorado twenty-four hours a day, seven days a week.

(b) The nonprofit organization shall:

(I) Have an active agreement with the administrator of the national suicide prevention lifeline for participation within the network;

(II) Meet the national suicide prevention lifeline requirements and best practice guidelines for operational and clinical standards;

(III) Meet the national suicide prevention lifeline requirements for serving high-risk and specialized populations;

(IV) Deploy mobile response units and co-responder programs that are part of the behavioral health crisis response system, created pursuant to section 27-60-103, and coordinate access to crisis walk-in centers, as appropriate; and

(V) Provide follow-up services to individuals accessing the 988 crisis hotline.

(6) The enterprise shall collaborate with the national suicide prevention lifeline and the veterans crisis line for the purpose of ensuring consistent public messaging about the 988 crisis hotline center and available services.

(7) The enterprise shall consider recommendations from the state's 988 planning committee to determine how the 988 crisis hotline will interact with the twenty-four-hour telephone crisis services established in section 27-60-103 (1)(b)(I).

(8) The enterprise is subject to the open meetings provisions of the "Colorado Sunshine Act of 1972", contained in part 4 of article 6 of title 24, and the "Colorado Open Records Act", part 2 of article 72 of title 24.

(9) For purposes of the "Colorado Open Records Act", part 2 of article 72 of title 24, and except as may otherwise be provided by federal law or regulation or state law, the records of the enterprise are public records, as defined in section 24-72-202 (6), regardless of whether the enterprise receives less than ten percent of its total annual revenue in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined.

(10) The enterprise is a public entity for purposes of part 2 of article 57 of title 11.
C.R.S. § 27-66-105 — CO Code / Title 27 / Article 66 / Section 27-66-105
27-66-105. Standards for approval - repeal
Status: repealed

27-66-105. Standards for approval - repeal. (Repealed)
C.R.S. § 27-10.5-124 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-124
27-10.5-124. Discrimination - repeal
Status: repealed

27-10.5-124. Discrimination - repeal. (Repealed)
C.R.S. § 27-81-114 — CO Code / Title 27 / Article 81 / Section 27-81-114
27-81-114. Rights of persons receiving evaluation, care, or treatment
Status: in_force

27-81-114. Rights of persons receiving evaluation, care, or treatment. (1) A facility shall immediately advise each person receiving evaluation, care, or treatment under any provision of this article 81, orally and in writing, that the person has and is afforded the following rights:

(a) To be evaluated to determine the person's behavioral health treatment needs relating to the use of substances, including alcohol or drugs;

(b) If under an emergency commitment pursuant to section 27-81-111, to refuse to be examined by a licensed physician for certification. A person's refusal to be examined for certification may be alleged in a petition for involuntary commitment. A person may request to be examined by the person's physician, or a court may order a person to be evaluated by a licensed physician for certification.

(c) To receive timely medical and behavioral health care and treatment, as specified in law, that is determined based on the person's needs and that is delivered in the least restrictive treatment setting possible, as set forth in BHA rules;

(d) To be treated fairly and to receive the same consideration and access to appropriate services as others, regardless of race, color, national origin, age, gender identity, gender expression, sexual orientation, political affiliation, religious beliefs, financial status, or disability;

(e) To contest a commitment proceeding or to enter into a stipulated order of the court for committed treatment;

(f) To retain and consult with an attorney at any time and to have an attorney appointed by or provided by the court in a timely manner in any proceedings relating to commitment or recommitment if the person wants the assistance of an attorney and is unable to obtain an attorney;

(g) To at any time seek to be discharged from commitment by an order in the nature of habeas corpus;

(h) Once no longer under the influence of drugs or intoxicated by alcohol, to sign in and seek voluntary substance use disorder treatment, unless the administrator determines in writing that reasonable grounds exist to believe that the person will not remain in voluntary treatment or that the person is clearly dangerous to the health and safety of himself or herself or others;

(i) If in committed treatment, to receive twenty-four-hour notice prior to being transferred to another facility;

(j) To have reasonable opportunities for continuing visitation and communication with the person's family and friends, consistent with an effective treatment program and as determined in BHA rules. Each person may meet with the person's attorney, clergyperson, or health-care provider at any time.

(k) To have reasonable access to mail and writing materials, including postage, as well as the assistance of facility staff if the person is unable to write, prepare, or mail correspondence;

(l) Subject to BHA rules relating to the use of telephones and other communication devices, to have reasonable access to telephones or other communication devices, and to make and to receive calls or communications in privacy. Facility staff shall not open, delay, intercept, read, or censor mail or other communications or use mail or other communications as a method to enforce compliance with facility staff.

(m) To wear his or her own clothes, keep and use personal possessions, and keep and be allowed to spend a reasonable sum of the person's own money;

(n) To have access to medical records;

(o) To have treatment records remain confidential, except as required by law;

(p) To not be fingerprinted, unless required by law;

(q) To refuse to be photographed, except for treatment facility identification purposes;

(r) To have the opportunity to register and vote by absentee ballot with the assistance of facility staff;

(s) To have appropriate access to adequate food, water, and hygiene products;

(t) To have physical privacy in showering, changing, and using the restroom; and

(u) To be free of restraints and solitary confinement.

(2) Only qualified staff providing evaluation, treatment, or care for a person may deny or restrict the person's rights under subsection (1) of this section if the person's health or safety would be clearly endangered if the rights were not denied or restricted. If a person's rights are denied or restricted, the reason for the denial or restriction must be explained to the person and entered into the person's treatment record. The facility shall provide the person and the person's attorney the information pertaining to a denial or restriction of rights contained in the person's treatment record. The person's rights must be immediately restored as soon as the person's health and safety are no longer clearly endangered.

(3) A person receiving evaluation, care, or treatment under any provision of this article 81 may submit a grievance or complaint against the facility or facility staff pursuant to a grievance or complaint process, which is explained to the person in detail and included with the oral and written explanation of rights.

(4) As part of the immediate oral and written advisement of the rights enumerated in this section, a facility shall also include the telephone number and e-mail address for the office of the ombudsman for behavioral health access to care, created in section 27-80-303. The written advisements must be translated if the person cannot read or understand English. The administrator shall cause the rights enumerated in this section to be posted in a prominent location where clients in the facility reside, which posting must also include the number and e-mail address for the office of the ombudsman for behavioral health access to care, created in section 27-80-303.
C.R.S. § 27-71-102 — CO Code / Title 27 / Article 71 / Section 27-71-102
27-71-102. Definitions
Status: in_force

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. § 27-50-504 — CO Code / Title 27 / Article 50 / Part 5 / Section 27-50-504
27-50-504. License fees - rules
Status: in_force

27-50-504. License fees - rules. (1) (a) By January 1, 2024, the commissioner shall promulgate rules establishing a schedule of fees sufficient to meet the direct and indirect costs of administration and enforcement of this part 5.

(b) The BHA shall assess and collect, from behavioral health entities subject to licensure pursuant to section 27-50-503, fees in accordance with the fee schedule established pursuant to subsection (1)(a) of this section.

(2) The BHA shall transmit fees collected pursuant to subsection (1) of this section to the state treasurer, who shall credit the money to the behavioral health licensing cash fund created pursuant to section 27-50-506.

(3) Fees collected pursuant to subsection (1) of this section may be used by the BHA to provide technical assistance and education to behavioral health entities related to compliance with Colorado law, in addition to regulatory and administrative functions. The BHA may contract with private entities to assist the BHA in providing technical assistance and education.
C.R.S. § 27-10.5-102 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-102
27-10.5-102. Definitions
Status: repealed

27-10.5-102. Definitions. As used in this article 10.5, unless the context otherwise requires:

(1) "Authorized representative" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(1.5) "Case management agency" has the same meaning as set forth in section 25.5-6-1702 (2).

(2) "Case management services" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(2.3) "Case manager" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(2.5) (Deleted by amendment, L. 2008, p. 1442, § 1, effective August 5, 2008.)

(3) Repealed.

(4) (Deleted by amendment, L. 2013.)

(5) "Consent" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(6) "Contribution" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(7) "Court" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(7.5) "Defined service area" has the same meaning as set forth in section 25.5-6-1702 (7).

(8) "Department" means the department of human services.

(9) Repealed.

(10) "Developmental disabilities professional" has the same meaning as "intellectual and developmental disabilities professional" as set forth in subsection (21.5) of this section.

(11) (a) "Developmental disability" has the same meaning as "intellectual and developmental disability" as set forth in section 25.5-10-202, C.R.S.

(b) "Person with a developmental disability" has the same meaning as "person with an intellectual and developmental disability" as set forth in section 25.5-10-202, C.R.S.

(c) "Child with a developmental delay" means:

(I) A person less than five years of age with delayed development as defined by the department; or

(II) A person less than five years of age who is at risk of having a developmental disability as defined by the department.

(12) "Early intervention services and supports" means services described in and provided pursuant to part 4 of article 3 of title 26.5, including education, training, and assistance in child development, parent education, therapies, and other activities for infants and toddlers and their families that are designed to meet the developmental needs of infants and toddlers including, but not limited to, cognition, speech, communication, physical, motor, vision, hearing, social-emotional, and self-help skills.

(13) "Eligible for supports and services" refers to any person with an intellectual and developmental disability or delay as determined eligible by the case management agency, pursuant to section 27-10.5-106.

(13.5) (Deleted by amendment, L. 2008, p. 1442, § 1, effective August 5, 2008.)

(13.7) "Enrolled" means that a person with an intellectual and developmental disability who is eligible for supports and services has been authorized, as defined by rules promulgated by the department, to participate in a program funded pursuant to this article.

(14) "Executive director" means the executive director of the department of human services.

(15) "Family" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(15.5) (Deleted by amendment, L. 2013.)

(16) "Gastrostomy tube" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(17) "Human rights committee" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(17.5) Repealed.

(18) "Inclusion" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(19) (Deleted by amendment, L. 2012.)

(19.5) "Individualized family service plan" or "IFSP" means a written plan developed pursuant to 20 U.S.C. sec. 1436 and 34 CFR 303.340 that authorizes the provision of early intervention services to an eligible child and the child's family. An IFSP shall serve as the individualized plan, pursuant to paragraph (c) of subsection (20) of this section, for a child from birth through two years of age.

(20) (a) "Individualized plan" means a written plan designed by an interdisciplinary team for the purpose of identifying:

(I) The needs and preferences of the person or family receiving services;

(II) The specific services and supports appropriate to meet those needs and preferences;

(III) The projected date for initiation of services and supports; and

(IV) The anticipated outcomes to be achieved by receiving the services and supports.

(b) Every individualized plan must include a statement of agreement with the plan, signed by the person receiving services or other such person legally authorized to sign on behalf of the person and a representative of the case management agency.

(c) Any other service or support plan, designated by the department, that meets all of the requirements of an individualized plan will be considered to be an individualized plan pursuant to this article.

(d) (Deleted by amendment, L. 2013.)

(21) "Infants and toddlers" means a child with a developmental delay from birth through two years of age.

(21.5) "Intellectual and developmental disabilities professional" means a person who has professional training and experience in the intellectual and developmental disabilities field, as defined by the department.

(22) "Interdependence" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(23) "Interdisciplinary team" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(24) "Least restrictive environment" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(25) "Person receiving services" means a person with an intellectual and developmental disability who is enrolled in a program funded pursuant to this article.

(25.5) "Program" means a specific group of services or supports as defined by rules promulgated by the department and for which funding is available pursuant to this article to a person with an intellectual and developmental disability who is eligible for supports and services.

(26) Repealed.

(27) "Regional center" means a facility or program operated directly by the department that provides services and supports to persons with intellectual and developmental disabilities.

(28) "Service agency" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(29) "Service and support coordination" means planning, locating, facilitating access to, coordinating, and reviewing all aspects of needed and preferred services, supports, and resources that are provided in cooperation with the person receiving services, the person's family, as appropriate, the family of a child with a developmental delay, and the involved public or private agencies. Planning includes the development or review of an existing individualized plan. "Service and support coordination" also includes the reassessment of the needs and preferences of the person receiving services or the needs and preferences of the family of the person, with maximum participation of the person receiving services and the person's parents, guardian, or authorized representative, as appropriate.

(30) "Services and supports" means one or more of the following: Education, training, therapies, identification of natural supports, and other activities provided to:

(a) Enable persons with intellectual and developmental disabilities to make responsible choices, exert greater control over their lives, experience presence and inclusion in their communities, develop their competencies and talents, maintain relationships, foster a sense of belonging, and experience personal security and self-respect; and

(b) (Deleted by amendment, L. 2022.)

(c) Enable families who choose or desire to maintain a family member with an intellectual and developmental disability at home to obtain support and to enjoy a typical lifestyle.

(31) "Sterilization" has the same meaning as set forth in section 25.5-10-202, C.R.S.

(32) (Deleted by amendment, L. 2013.)
C.R.S. § 27-10.5-204 — CO Code / Title 27 / Article 10.5 / Part 2 / Section 27-10.5-204
27-10.5-204. Development of the state plan
Status: in_force

27-10.5-204. Development of the state plan. The state council shall develop a five-year state plan for developmental disabilities in accordance with the federal "Developmental Disabilities Assistance and Bill of Rights Act of 2000", 42 U.S.C. sec. 15024. The state plan shall include establishment of goals and priorities for meeting the needs of persons with developmental disabilities, including recommendations concerning state program operations and funding for a comprehensive system of services and supports to persons with developmental disabilities. The state plan shall be prepared in compliance with federal requirements and shall designate the state agency responsible for administration of the state plan. The state council shall submit the state plan to the governor for approval.
C.R.S. § 27-93-101 — CO Code / Title 27 / Article 93 / Section 27-93-101
27-93-101. Institute established
Status: in_force

27-93-101. Institute established. (1) There is established the Colorado mental health institute at Pueblo for the treatment and care of persons who may have a behavioral or mental health disorder from any cause and for other persons in state institutions on an inpatient and outpatient basis and in state programs relating to the treatment of substance use disorders who may require medical care and treatment within the capabilities of the staff and facilities of the institute.

(2) All materials without limitation that contain the former names of the Colorado mental health institute at Fort Logan and the Colorado mental health institute at Pueblo shall be utilized to the maximum extent possible in the ordinary course of business before being replaced.

(3) The Colorado mental health institute at Pueblo is authorized to contract, pursuant to the federal government procurement process, with federal agencies to provide psychiatric, medical, and surgical services at the institute to persons under the care of or in the custody or control of an agency of the federal government, so long as the provision of such services does not exceed the capabilities of the staff and facilities of the institute and does not preempt services to state patients.
C.R.S. § 27-65-106 — CO Code / Title 27 / Article 65 / Section 27-65-106
27-65-106. Emergency mental health hold - screening - court-ordered evaluation - discharge
Status: in_force

27-65-106. Emergency mental health hold - screening - court-ordered evaluation - discharge instructions - respondent's rights. (1) An emergency mental health hold may be invoked under one of the following conditions:

(a) (I) When a certified peace officer has probable cause to believe a person has a mental health disorder and, as a result of the mental health disorder, is an imminent danger to the person's self or others or is gravely disabled, the certified peace officer may take the person into protective custody and transport the person to a facility designated by the commissioner for an emergency mental health hold. If such a facility is not available, the certified peace officer may transport the person to an emergency medical services facility. The certified peace officer may request assistance from a behavioral health crisis response team for assistance in detaining and transporting the person or an emergency medical services provider in transporting the person; or

(II) When an intervening professional reasonably believes that a person appears to have a mental health disorder and, as a result of the mental health disorder, appears to be an imminent danger to the person's self or others or appears to be gravely disabled, the intervening professional may cause the person to be taken into protective custody and transported to a facility designated by the commissioner for an emergency mental health hold. If such a facility is not available, the certified peace officer may transport the person to an emergency medical services facility. The intervening professional may request assistance from a certified peace officer, a secure transportation provider, or a behavioral health crisis response team for assistance in detaining and transporting the person, or assistance from an emergency medical services provider in transporting the person.

(b) (I) When a person petitions the court in the county in which the respondent resides or is physically present requesting an evaluation of the respondent's condition and alleging that the respondent appears to have a mental health disorder and, as a result of the mental health disorder, appears to be a danger to the respondent's self or others or appears to be gravely disabled.

(II) Any person who files a malicious or false petition for an evaluation of a respondent pursuant to this section is subject to criminal prosecution.

(2) When a person is taken into custody pursuant to subsection (1) of this section, the person must not be detained in a jail, lockup, or other place used for the confinement of persons charged with or convicted of penal offenses. Unless otherwise required by law, a certified peace officer may transport the person to an emergency medical services facility or facility designated by the commissioner even if a warrant has been issued for the person's arrest if the certified peace officer believes it is in the best interest of the person. The person must not be held on an emergency mental health hold for longer than seventy-two hours after the hold is placed or ordered. Nothing in this section prohibits an emergency medical services facility from involuntarily holding the person in order to stabilize the person as required pursuant to the federal "Emergency Medical Treatment and Labor Act", 42 U.S.C. sec. 1395dd, or if the treating professional determines that the individual's physical or mental health disorder impairs the person's ability to make an informed decision to refuse care and the provider determines that further care is indicated.

(3) When a person is placed on an emergency mental health hold pursuant to subsection (1) of this section and is presented to an emergency medical services facility or a facility designated by the commissioner, the facility shall require a BHA-approved application in writing, stating the circumstances under which the person's condition was called to the attention of the intervening professional or certified peace officer and further stating sufficient facts, obtained from the intervening professional's or certified peace officer's personal observations or obtained from others whom the intervening professional or certified peace officer reasonably believes to be reliable, to establish that the person has a mental health disorder and, as a result of the mental health disorder, is an imminent danger to the person's self or others or is gravely disabled. The application must indicate when the person was taken into custody and who brought the person's condition to the attention of the intervening professional or certified peace officer. A copy of the application must be furnished to the person being evaluated, and the application must be retained in accordance with section 27-65-123 (4).

(4) (a) The petition for a court-ordered evaluation filed pursuant to subsection (1)(b) of this section must contain the following:

(I) The name and address of the petitioner and the petitioner's interest in the case;

(II) The name of the respondent for whom evaluation is sought, and, if known to the petitioner, the address, age, gender, marital status, occupation, and any animals or dependent children in the respondent's care;

(III) Allegations of fact indicating that the respondent may have a mental health disorder and, as a result of the mental health disorder, be a danger to the respondent's self or others or be gravely disabled and showing reasonable grounds to warrant an evaluation;

(IV) The name and address of every person known or believed by the petitioner to be legally responsible for the care, support, and maintenance of the respondent, if available; and

(V) The name, address, and telephone number of the attorney, if any, who has most recently represented the respondent.

(b) Upon receipt of a petition satisfying the requirements of subsection (4)(a) of this section, if the court is not satisfied that probable cause exists to issue an order for an evaluation, the court shall identify a facility designated by the commissioner, an intervening professional, or a certified peace officer to provide screening of the respondent to determine whether probable cause exists to believe the allegations.

(c) Following the screening described in subsection (4)(b) of this section, the facility, intervening professional, or certified peace officer designated by the court shall file a report with the court and may initiate an emergency mental health hold at the time of screening. The report must include a recommendation as to whether probable cause exists to believe that the respondent has a mental health disorder and, as a result of the mental health disorder, is a danger to the respondent's self or others or is gravely disabled and whether the respondent will voluntarily receive evaluation or treatment. The screening report submitted to the court pursuant to this subsection (4)(c) is confidential in accordance with section 27-65-123 and must be furnished to the respondent or the respondent's attorney or personal representative.

(d) Whenever it appears, by petition and screening pursuant to this section, to the satisfaction of the court that probable cause exists to believe that the respondent has a mental health disorder and, as a result of the mental health disorder, is a danger to the respondent's self or others or is gravely disabled and that efforts have been made to secure the cooperation of the respondent but the respondent has refused or failed to accept evaluation voluntarily, the court shall issue an order for evaluation authorizing a certified peace officer or secure transportation provider to take the respondent into custody and transport the respondent to a facility designated by the commissioner for an emergency mental health hold. At the time the respondent is taken into custody, a copy of the petition and the order for evaluation must be given to the respondent and promptly thereafter to the one lay person designated by the respondent and to the person in charge of the facility named in the order or the respondent's designee. If the respondent refuses to accept a copy of the petition and the order for evaluation, such refusal must be documented in the petition and the order for evaluation.

(5) When a person is transported to an emergency medical services facility or a facility designated by the commissioner, the facility may detain the person under an emergency mental health hold for evaluation for a period not to exceed seventy-two hours from the time the emergency mental health hold was placed or ordered. Nothing in this section prohibits an emergency medical services facility from involuntarily holding the person in order to stabilize the person as required pursuant to the federal "Emergency Medical Treatment and Labor Act", 42 U.S.C. sec. 1395dd, or if the treating professional determines that the individual's physical or mental health disorder impairs the person's ability to make an informed decision to refuse care and the provider determines that further care is indicated. If, in the opinion of the person in charge of the evaluation, the person can be properly cared for without being detained, the person shall be provided services on a voluntary basis. If the person in charge of the evaluation determines the person should be released, the person in charge of the evaluation may terminate the emergency mental health hold.

(6) (a) Each person detained for an emergency mental health hold pursuant to this section shall receive an evaluation as soon as possible after the person is presented to the facility and shall receive such treatment and care as the person's condition requires for the full period that the person is held. The evaluation may include an assessment to determine if the person continues to meet the criteria for an emergency mental health hold and requires further mental health care in a facility designated by the commissioner. The evaluation must state whether the person should be released, referred for further care and treatment on a voluntary basis, or certified for short-term treatment pursuant to section 27-65-109.

(b) Each evaluation must be completed using a standardized form approved by the commissioner and may be completed by a professional person; a licensed advanced practice registered nurse with training in psychiatric nursing; or a licensed physician assistant, a licensed clinical social worker, a licensed professional counselor, or a licensed marriage and family therapist who has two years of experience in behavioral health safety and risk assessment working in a health-care setting.

(c) If the person conducting an evaluation pursuant to subsection (6)(a) of this section is not a professional person and the evaluating person recommends the detained person be certified for short-term treatment pursuant to section 27-65-109, the evaluating person shall notify the facility of the recommendation. A certification may only be initiated by a professional person.

(7) (a) If a person is evaluated at an emergency medical services facility and the evaluating professional determines that the person continues to meet the criteria for an emergency mental health hold pursuant to subsection (1) of this section, the emergency medical services facility shall immediately notify the BHA if the facility cannot locate appropriate placement. Once notified, the BHA shall support the emergency medical services facility in locating an appropriate placement option on an inpatient or outpatient basis, whichever is clinically appropriate.

(b) If an appropriate placement option cannot be located pursuant to subsection (7)(a) of this section and the person continues to meet the criteria for an emergency mental health hold pursuant to subsection (1) of this section and the person has been medically stabilized, the emergency medical services facility may place the person under a subsequent emergency mental health hold. If the facility places the person under a subsequent emergency mental health hold, the facility shall immediately notify the BHA, the person's lay person, and the court, and the court shall immediately appoint an attorney to represent the person. The facility may notify the court where the person resides by mail. Once the court is notified, the emergency medical services facility is not required to take any further action to provide the person with an attorney unless specified in subsection (10) of this section. The emergency medical services facility shall notify the BHA after each emergency mental health hold is placed. The BHA is responsible for actively assisting the facility in locating appropriate placement for the person. If the person has been recently transferred from an emergency medical services facility to a facility designated by the commissioner and the designated facility is able to demonstrate that the facility is unable to complete the evaluation before the initial emergency mental health hold is set to expire, the designated facility may place the person under a subsequent emergency mental health hold and shall immediately notify the BHA and lay person.

(c) The BHA shall maintain data on the characteristics of each person placed on a subsequent emergency mental health hold pursuant to subsection (7)(b) of this section. The BHA may contract with entities coordinating care or with providers serving within the safety net system developed pursuant to section 27-63-105 to meet the requirements of this subsection (7).

(8) (a) The facility shall provide each person detained for an emergency mental health hold discharge instructions. The discharge instructions must be completed for every person, regardless of the person's discharge status, before the person is released. If the detained person refuses to accept the discharge instructions, the refusal must be documented in the person's medical record. At a minimum, the discharge instructions must include:

(I) A summary of why the person was detained or evaluated for an emergency mental health hold; detailed information as to why the evaluating professional determined the person no longer meets the criteria for an emergency mental health hold or certification pursuant to section 27-65-109; and whether the person may receive services on a voluntary basis pursuant to subsection (6) of this section;

(II) If the person's medications were changed or the person was newly prescribed medications during the emergency mental health hold, a clinically appropriate supply of medications, as determined by the judgment of a licensed health-care provider, for the person until the person can access another provider or follow-up appointment;

(III) A safety plan for the person and, if applicable, the person's lay person where indicated by the person's mental health disorder or mental or emotional state;

(IV) Notification to the person's primary care provider, if applicable;

(V) A referral to appropriate services, if such services exist in the community, if the person is discharged without food, housing, or economic security. Any referrals and linkages must be documented in the person's medical record.

(VI) The phone number to call or text the Colorado crisis services hotline and information on the availability of peer support services;

(VII) Information on how to establish a psychiatric advance directive if one is not presented;

(VIII) Medications that were changed during the emergency mental health hold, including any medications that the person was taking or that were previously prescribed upon admission, and which medications, if any, were changed or discontinued at the time of discharge;

(IX) A list of any screening or diagnostic tests conducted during the emergency mental health hold, if requested;

(X) A summary of therapeutic treatments provided during the emergency mental health hold, if requested;

(XI) Any laboratory work, including blood samples or imaging that was completed or attempted, if requested;

(XII) The person's vital signs upon discharge from the emergency mental health hold, if requested;

(XIII) A copy of any psychiatric advance directive presented to the facility, if applicable; and

(XIV) How to contact the discharging facility if needed.

(b) The facility shall document in the person's medical record whether the person accepted the discharge instructions. The facility shall provide the discharge instructions to the person's parent or legal guardian if the person is under eighteen years of age, and to the person's lay person, when possible.

(c) Upon discharge, the facility shall discuss with the person, the person's parent or legal guardian, or the person's lay person the statewide care coordination infrastructure established in section 27-60-204 to facilitate a follow-up appointment for the person within seven calendar days after the discharge. Facilities shall comply with this subsection (8)(c) when the statewide care coordination infrastructure created in section 27-60-204 is fully operational, as determined by the BHA. The BHA shall immediately notify facilities when the statewide care coordination infrastructure is available to assist persons with discharge.

(d) (I) The facility shall, at a minimum, attempt to follow up with the person, the person's parent or legal guardian, or the person's lay person at least forty-eight hours after discharge. The facility is encouraged to utilize peer support professionals, as defined in section 27-60-108 (2)(b), when performing follow-up care with individuals and in developing a continuing care plan pursuant to subsection (8)(a)(I) of this section. The facility may facilitate follow-up care through contracts with community-based behavioral health providers or the Colorado behavioral health crisis hotline. If the facility facilitates follow-up care through a third-party contract, the facility shall obtain authorization from the person to provide follow-up care.

(II) If the person is enrolled in medicaid, the facility is not required to meet the requirements of this subsection (8)(d) and instead, the facility shall notify the person's relevant managed care entity, as defined in section 25.5-5-403, of the person's discharge and need for ongoing follow-up care prior to the person's discharge.

(III) If the facility contracts with a safety net provider, as defined in section 27-50-101, to provide behavioral health services to a person on or following an emergency mental health hold, the facility shall work with the safety net provider in order to meet the requirements of this subsection (8)(d).

(e) The facility shall encourage the person to designate a family member, friend, or other person as a lay person to participate in the person's discharge planning and shall notify the person that the person is able to rescind the authorization of a lay person at any time. If the person designates a lay person and has provided necessary authorization, the facility shall attempt to involve the lay person in the person's discharge planning. The facility shall notify the lay person that the person is being discharged or transferred.

(9) (a) On or before July 1, 2024, and each July 1 thereafter, each emergency medical services facility that has evaluated a person pursuant to this section shall provide an annual report to the BHA that includes only disaggregated and nonidentifying information concerning persons who were treated at an emergency medical services facility pursuant to this section. The report must comply with section 24-1-136 (9) and is exempt from section 24-1-136 (11)(a)(I). The report must contain the following:

(I) The names and counties of the facilities;

(II) The total number of persons treated pursuant to this section, including a summary of demographic information;

(III) A summary regarding the different reasons for which persons were treated pursuant to this section; and

(IV) A summary of the disposition of persons transferred to a designated facility.

(b) (I) Any information disaggregated and provided to the BHA pursuant to this subsection (9) is privileged and confidential. Such information must not be made available to the public except in an aggregate format that cannot be used to identify an individual facility. The information is not subject to civil subpoena and is not discoverable or admissible in any civil, criminal, or administrative proceeding against an emergency medical services facility or health-care professional. The information must be used only to assess statewide behavioral health services needs and to plan for sufficient levels of statewide behavioral health services. In collecting the data pursuant to the requirements of this subsection (9), the BHA shall protect the confidentiality of patient records, in accordance with state and federal laws, and shall not disclose any public identifying or proprietary information of any hospital, hospital administrator, health-care professional, or employee of a health-care facility.

(II) Subsection (9)(b)(I) of this section does not apply to information that is otherwise available from a source outside of the data collection activities required pursuant to subsection (9)(a) of this section.

(10) (a) A person detained for an emergency mental health hold pursuant to this section has the following rights:

(I) To be told the reason for the person's detainment and the limitations of the person's detainment, including a description of the person's right to refuse medication, unless the person requires emergency medications, and that the detainment does not mean all treatment during detainment is mandatory;

(II) To request a change to voluntary status;

(III) To be treated fairly, with respect and recognition of the person's dignity and individuality, by all employees of the facility with whom the person comes in contact;

(IV) To not be discriminated against on the basis of age, race, ethnicity, religion, culture, spoken language, physical or mental disability, socioeconomic status, sex, sexual orientation, gender identity, or gender expression;

(V) To retain and consult with an attorney at any time; except that, unless specified in subsection (7)(b) of this section, the facility is not required to retain an attorney on behalf of the person but must allow the person to contact an attorney;

(VI) To continue the practice of religion;

(VII) Within twenty-four hours after the person's request, to see and receive the services of a patient representative who has no direct or indirect clinical, administrative, or financial responsibility for the person;

(VIII) To have reasonable access to telephones or other communication devices and to make and to receive calls or communications in private. Facility staff shall not open, delay, intercept, read, or censor mail or other communications or use mail or other communications as a method to enforce compliance with facility staff.

(IX) To wear the person's own clothes, keep and use the person's own personal possessions, and keep and be allowed to spend a reasonable sum of the person's own money. A facility may temporarily restrict a person's access to personal clothing or personal possessions, until a safety assessment is completed. If the facility restricts a person's access to personal clothing or personal possessions, the facility shall have a discussion with the person about why the person's personal clothing or personal possessions are being restricted. A licensed medical professional or a licensed behavioral health professional shall conduct a safety assessment as soon as possible. The licensed professional shall document in the person's medical record the specific reasons why it is not safe for the person to possess the person's personal clothing or personal possessions. The facility shall periodically conduct additional safety assessments to determine whether the person may possess the person's personal clothing or personal possessions, with the goal of restoring the person's rights established pursuant to this section.

(X) To keep and use the person's cell phone, unless access to the cell phone causes the person to destabilize or creates a danger to the person's self or others, as determined by a provider, facility staff member, or security personnel involved in the person's care;

(XI) To have the person's information and records disclosed to family members and a lay person pursuant to section 27-65-123;

(XII) To have the person's treatment records remain confidential, except as required by law;

(XIII) To not be fingerprinted, unless required by law;

(XIV) To not be photographed, except upon admission for identification and administrative purposes. Any photographs must be confidential and must not be released by the facility except pursuant to a court order. Nonmedical photographs must not be taken or used without appropriate consent or authorization.

(XV) To have appropriate access to adequate water, hygiene products, and food and to have the person's nutritional needs met in a manner that is consistent with recognized dietary practices;

(XVI) To have personal privacy to the extent possible during the course of treatment; and

(XVII) To have the ability to meet with visitors in accordance with the facility's current visitor guidelines.

(b) A person's rights under this subsection (10) may only be denied if access to the item, program, or service causes the person to destabilize or creates a danger to the person's self or others, as determined by a licenced provider involved in the person's care. Denial of any right must be entered into the person's treatment record and must be made available, upon request, to the person, the person's legal guardian, or the person's attorney.

(c) A facility shall not intentionally retaliate or discriminate against a detained person or employee for contacting or providing information to any official or to an employee of any state protection and advocacy agency or for initiating, participating in, or testifying in a grievance procedure or in an action for any remedy authorized pursuant to this section. Any facility that violates this subsection (10) commits an unclassified misdemeanor and shall be fined not more than one thousand dollars.

(d) Any person whose rights are denied or violated pursuant to this section has the right to file a complaint against the facility with the behavioral health administration and the department of public health and environment.
C.R.S. § 27-50-104 — CO Code / Title 27 / Article 50 / Part 1 / Section 27-50-104
27-50-104. Powers and duties of the commissioner - rules
Status: repealed

27-50-104. Powers and duties of the commissioner - rules. (1) (a) The commissioner may adopt "commissioner rules" for behavioral health programs administered and services provided by the BHA as listed in section 27-50-105 (1). The rules must be promulgated in accordance with section 24-4-103.

(b) Any rules adopted by the executive director of the department of human services prior to July 1, 2022, to implement the behavioral health programs to be administered and services to be provided by the BHA listed in section 27-50-105 (1), and whose content meets the definition of "executive director rules" pursuant to section 26-1-108, are effective until revised, amended, or repealed by the commissioner.

(2) "Commissioner rules" are solely within the province of the commissioner, except those determinations precluded by authority granted to the state board of human services. "Commissioner rules" must include:

(a) Matters of internal administration in the BHA, including organization, staffing, records, reports, systems, and procedures;

(b) Fiscal and personnel administration for the BHA; and

(c) Accounting and fiscal reporting rules for disbursement of federal funds, contingency funds, and proration of available appropriations.

(3) Whenever a statutory grant of rule-making authority in this title 27 refers to the BHA, it means the behavioral health administration acting through either the state board of human services, the commissioner, or both. When exercising rule-making authority pursuant to this title 27, the BHA shall promulgate rules consistent with the powers and the distinction between "board rules" as set forth in section 26-1-107 and "commissioner rules" as set forth in this section.

(4) The rules promulgated by the commissioner pertaining to this title 27 are binding upon the behavioral health providers, vendors, and agents of the BHA. At any public hearing relating to a proposed rule, interested persons have the right to present the person's data, views, or arguments orally. Proposed rules of the commissioner are subject to section 24-4-103.
C.R.S. § 27-65-109 — CO Code / Title 27 / Article 65 / Section 27-65-109
27-65-109. Certification for short-term treatment - procedure
Status: in_force

27-65-109. Certification for short-term treatment - procedure. (1) A person may be certified for not more than three months for short-term treatment under the following conditions:

(a) The professional staff of the facility detaining the person on an emergency mental health hold has evaluated the person and has found the person has a mental health disorder and, as a result of the mental health disorder, is a danger to the person's self or others or is gravely disabled;

(b) The person has been advised of the availability of, but has not accepted, voluntary treatment; but, if reasonable grounds exist to believe that the person will not remain in a voluntary treatment program, the person's acceptance of voluntary treatment does not preclude certification;

(c) The facility or community provider that will provide short-term treatment has been designated by the commissioner to provide such treatment; and

(d) The person, the person's legal guardian, and the person's lay person, if applicable, have been advised of the person's right to an attorney and to contest the certification for short-term treatment.

(2) The notice of certification must be signed by a professional person who participated in the evaluation. The notice of certification must:

(a) State facts sufficient to establish reasonable grounds to believe that the respondent has a mental health disorder and, as a result of the mental health disorder, is a danger to the respondent's self or others or is gravely disabled;

(b) Be filed with the court within forty-eight hours, excluding Saturdays, Sundays, and court holidays, after the date of certification;

(c) Be filed with the court in the county in which the respondent resided or was physically present immediately prior to being taken into custody; and

(d) Provide recommendations if the certification should take place on an inpatient or outpatient basis.

(3) Within twenty-four hours after certification, copies of the certification must be personally delivered to the respondent, the BHA, and a copy must be kept by the evaluating facility as part of the respondent's record, if applicable. The facility or court shall ask the respondent to designate a lay person whom the respondent wishes to be informed regarding certification. If the respondent is incapable of making such a designation at the time the certification is delivered, the respondent must be asked to designate a lay person as soon as the respondent is capable. In addition to the copy of the certification, the respondent must be given a written notice that a hearing upon the respondent's certification for short-term treatment may be had before the court or a jury upon written request directed to the court pursuant to subsection (6) of this section.

(4) Upon certification of the respondent, the facility designated for short-term treatment has custody of the respondent.

(5) Whenever a certification is filed with the court by a professional person, the court shall immediately appoint an attorney to represent the respondent. The respondent has the right to an attorney for all proceedings conducted pursuant to this section, including any appeals. The attorney representing the respondent must be provided with a copy of the certification immediately upon the attorney's appointment. The respondent may only waive counsel when the respondent makes a knowing and intelligent waiver in front of the court.

(6) The respondent or the respondent's attorney may at any time file a written request that the certification for short-term treatment or the treatment be reviewed by the court or that the treatment be on an outpatient basis. If review is requested, the court shall hear the matter within ten days after the request, and the court shall give notice to the respondent and the respondent's attorney and the certifying and treating professional person of the time and place of the hearing. The hearing must be held in accordance with section 27-65-113. At the conclusion of the hearing, the court may enter or confirm the certification for short-term treatment, discharge the respondent, or enter any other appropriate order.

(7) Records and papers in proceedings pursuant to this section must be maintained separately by the clerks of the several courts. Upon the release of any respondent in accordance with section 27-65-112, the facility shall notify the clerk of the court within five days after the release, and the clerk shall immediately seal the record in the case and omit the name of the respondent from the index of cases in the court until and unless the respondent becomes subject to an order of certification for long-term care and treatment pursuant to section 27-65-110 or until and unless the court orders the records opened for good cause shown. In the event a petition is filed pursuant to section 27-65-110, the certification record may be opened and become a part of the record in the long-term care and treatment case and the name of the respondent indexed.

(8) Whenever it appears to the court, by reason of a report by the treating professional person or the BHA or any other report satisfactory to the court, that a respondent detained for evaluation and treatment or certified for short-term treatment should be transferred to another facility for treatment and the safety of the respondent or the public requires that the respondent be transported by a secure transportation provider or a law enforcement agency, the court may issue an order directing the law enforcement agency where the respondent resides or secure transportation provider to deliver the respondent to the designated facility.

(9) A respondent certified for short-term treatment may be discharged upon the signature of the treating medical professional and the medical director of the facility. A respondent certified for short-term treatment on an outpatient basis may be discharged upon the signature of the approved professional person overseeing the respondent's treatment, and the professional person shall notify the BHA prior to the discharge. A facility or program shall make the respondent's discharge instructions available to the respondent, the respondent's attorney, and the respondent's legal guardian, if applicable, within seven days after discharge, if requested. A facility or program that is transferring a respondent to a different treatment facility or to an outpatient provider shall provide all treatment records to the facility or provider accepting the respondent at least twenty-four hours prior to the transfer.

(10) If the professional person in charge of the evaluation and treatment believes that a period longer than three months is necessary to treat the respondent, the professional person shall file with the court an extended certification at least thirty days prior to the expiration date of the original certification. An extended certification for treatment must not be for a period of more than three months. The respondent is entitled to a hearing on the extended certification under the same conditions as an original certification. The attorney initially representing the respondent shall continue to represent the respondent, unless the court appoints another attorney.
C.R.S. § 27-94-105 — CO Code / Title 27 / Article 94 / Section 27-94-105
27-94-105. Admissions to center - transfers - releases
Status: in_force

27-94-105. Admissions to center - transfers - releases. (1) A person who by law is committed to the department of human services for placement in a state hospital may be committed to or placed in the center upon order of a court of competent jurisdiction, except those persons committed to the Colorado mental health institute at Pueblo pursuant to a judicial determination of not guilty by reason of insanity and those persons committed under section 16-8-106 (1), C.R.S., relating to commitments for observation and examination.

(2) A person placed at the center may be transferred to the Colorado mental health institute at Pueblo, the Wheat Ridge regional center, the Grand Junction regional center, the Pueblo regional center, the Mount View school, or the Lookout Mountain school in accordance with law.

(3) A person placed at the center may be released under such terms and conditions as would entitle him or her to his or her release from the Colorado mental health institute at Pueblo.
C.R.S. § 27-10.5-136 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-136
27-10.5-136. Adjudication of competency
Status: repealed

27-10.5-136. Adjudication of competency. (Repealed)
C.R.S. § 27-82-201 — CO Code / Title 27 / Article 82 / Part 2 / Section 27-82-201
27-82-201. Legislative declaration
Status: in_force

27-82-201. Legislative declaration. The general assembly finds and declares that facilities that provide treatment to individuals with a substance use disorder, including medication-assisted treatment, and clinics that provide obstetric and gynecological health-care services would better serve pregnant and postpartum women if the services could be coordinated and provided to women at the same location. It is the intent of the general assembly to fund a pilot program to integrate these health-care services at specified facilities and clinics and require the BHA to evaluate the pilot program and report the results of the pilot program to the general assembly.
C.R.S. § 27-91-102 — CO Code / Title 27 / Article 91 / Section 27-91-102
27-91-102. Boards of control entitled only to actual expenses
Status: in_force

27-91-102. Boards of control entitled only to actual expenses. A member of a board of control, trustees, or commissioners of all institutions supported by or under the patronage and control of the state shall receive as compensation for his or her services only actual expenses incurred in attendance upon and in going to and returning from each regular and special meeting of the board of control, trustees, or commissioners or for performing any services whatever for the institution of which he or she is a member of the board of control, trustees, or commissioners, payment to be made out of the funds appropriated for the support and maintenance of the respective institutions. In all cases of cash paid out by the member of a board of control, trustees, or commissioners, an itemized account, accompanied by the proper vouchers therefor, signed by the party to whom such money has been paid, shall accompany the vouchers upon which all warrants for such expenditures shall issue.
C.R.S. § 27-50-204 — CO Code / Title 27 / Article 50 / Part 2 / Section 27-50-204
27-50-204. Reporting
Status: in_force

27-50-204. Reporting. (1) Beginning October 1, 2022, and each October 1 thereafter, the BHA shall prepare and submit a report, known as the behavioral health system plan, to the joint budget committee and 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. At a minimum, the report must include a description of the BHA's vision and strategy for the behavioral health system, updates on performance standards developed pursuant to section 27-50-201 (2), analysis of the grievances collected pursuant to section 27-50-108, updates on formal agreements and collaborations with state agencies pursuant to this article 50, opportunities to improve reimbursement for integrated physical and mental health services, updates on care coordination pursuant to section 27-50-301 (3), and the report of the advisory council created pursuant to section 27-50-701.

(2) Beginning January 1, 2023, and each January 1 thereafter, the BHA shall present the report prepared pursuant to subsection (1) of this section as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203.
C.R.S. § 27-60-105 — CO Code / Title 27 / Article 60 / Part 1 / Section 27-60-105
27-60-105. Outpatient restoration to competency services - jail-based behavioral health ser
Status: repealed

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;

(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. § 27-65-108 — CO Code / Title 27 / Article 65 / Section 27-65-108
27-65-108. Care coordination for persons certified or in need of ongoing treatment
Status: in_force

27-65-108. Care coordination for persons certified or in need of ongoing treatment. (1) A facility designated by the commissioner shall notify and engage the BHA prior to terminating or transferring a person certified pursuant to section 27-65-108.5, 27-65-109, 27-65-110, or 27-65-111. The BHA may provide care coordination services to support a person whose certification is terminated but who is in need of ongoing treatment and services.

(2) The BHA shall, directly or through a contract, provide care coordination services to a person certified pursuant to section 27-65-108.5, 27-65-109, 27-65-110, or 27-65-111 and determined by the designated facility and the BHA to need care coordination services.
C.R.S. § 27-10.5-109.5 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-109.5
27-10.5-109.5. Compliance with local government zoning regulations - notice to local government
Status: repealed

27-10.5-109.5. Compliance with local government zoning regulations - notice to local governments - provisional licensure - repeal. (Repealed)
C.R.S. § 27-90-111 — CO Code / Title 27 / Article 90 / Section 27-90-111
27-90-111. Employment of personnel - screening of applicants - disqualifications from emplo
Status: repealed

27-90-111. Employment of personnel - screening of applicants - disqualifications from employment - contracts - rules - definitions. (1) The general assembly recognizes that many of the individuals receiving services from department employees pursuant to title 26 or this title 27 are unable to defend themselves and are therefore vulnerable to abuse or assault. It is the intent of the general assembly to minimize the potential for hiring and employing persons with a propensity toward abuse, assault, or similar offenses against others for positions that would provide them with unsupervised access to vulnerable persons. The general assembly declares that, in accordance with section 13 of article XII of the state constitution, for purposes of terminating employees in the state personnel system who are finally convicted of criminal conduct, offenses involving moral turpitude include, but are not limited to, the disqualifying offenses specified in subsection (9) of this section.

(2) For purposes of this section, unless the context otherwise requires:

(a) "Contracting agency" means an agency, corporation, nonprofit entity, or any other outside entity that contracts with the department to provide services pursuant to title 26 or this title 27 and that provides services that involve direct contact with vulnerable persons.

(b) "Conviction" means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court or adjudication for an offense that would constitute a criminal offense if committed by an adult. "Conviction" also includes having received a deferred judgment and sentence or deferred adjudication; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication.

(b.5) "Department employee" means an employee of the department who is employed through the state personnel system of the state of Colorado.

(c) "Direct contact" means providing face-to-face care, training, supervision, counseling, consultation, or medication assistance to vulnerable persons, regardless of the level of supervision of the department employee. "Direct contact" may include positions in which persons have access to or unsupervised time with clients or patients, including but not limited to maintenance personnel, housekeeping staff, kitchen staff, and security personnel.

(d) Repealed.

(d.5) "Independent contractor" means an individual who contracts directly with the department and who is designated, by the executive director or the executive director's designee, as serving in a contract position involving direct contact with vulnerable persons.

(e) "Vulnerable person" means any individual served by the department who is susceptible to abuse or mistreatment because of the individual's circumstances, including but not limited to the individual's age, disability, frailty, behavioral or mental health, intellectual and developmental disability, or ill health.

(3) The employment screening and disqualification requirements in this section apply to the following facilities or programs operated by the department:

(a) Any facility operated by the department for the care and treatment of persons with a mental health disorder pursuant to article 65 of this title 27;

(b) Any facility operated by the department for the care and treatment of persons with intellectual and developmental disabilities pursuant to article 10.5 of this title 27;

(c) Repealed.

(d) Any direct services identified and provided by the department in which department employees, independent contractors, or contracting agencies have direct contact with vulnerable persons in a state-operated facility or in a vulnerable person's home or residence;

(e) Veterans community living centers operated pursuant to article 12 of title 26, C.R.S.;

(f) Any facility directly operated by the department in which juveniles who are in the custody of the department reside, including detention or commitment centers; and

(g) Any secure facility contracted for by the department pursuant to section 19-2.5-1502 in which juveniles who are in the custody of the department reside.

(4) Prior to the department's permanent employment of a person in a position that would require that person to have direct contact with a vulnerable person, the executive director or any division head of the department shall make an inquiry to the director of the Colorado bureau of investigation to ascertain whether the person has a criminal history. The person's employment is conditional upon a satisfactory state and national fingerprint-based criminal history record check. A record check conducted pursuant to this subsection (4) must include but need not be limited to arrests, conviction records, and the disposition of any criminal charges. The department shall require the person to have the person's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The department shall forward those fingerprints to the Colorado bureau of investigation for the purpose of fingerprint processing utilizing the files and records of the Colorado bureau of investigation and the federal bureau of investigation. When the results of a fingerprint-based criminal history record check of a person performed pursuant to this section reveal a record of arrest without a disposition, the department shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The department shall pay for the costs of record checks conducted pursuant to this section out of existing appropriations.

(5) The executive director or any division head shall contact previous employers of any person who is one of the top three finalists for a position that would require that person to have direct contact with any vulnerable person, for the purpose of obtaining information and recommendations that may be relevant to the person's fitness for employment. Any previous employer of an applicant for employment who provides information to the executive director or a division head or who makes a recommendation concerning the person shall be immune from civil liability unless the information is false and the previous employer knows such information is false or acts with reckless disregard concerning the veracity of the information.

(6) Any local agency or provider of services pursuant to this title or title 26, C.R.S., may investigate applicants for employment.

(7) The executive director, any division head, or any local agency or provider who relies on information obtained pursuant to this section in making an employment decision or who concludes that the nature of any information disqualifies the person from employment as either a department employee or an independent contractor is immune from civil liability for that decision or conclusion unless the information relied upon is false and the executive director, division head, or local agency or provider knows the information is false or acts with reckless disregard concerning the veracity of the information.

(8) The executive director may promulgate such rules as are necessary to implement the provisions of this section.

(9) (a) If the criminal history record check conducted pursuant to subsection (4) or (11) of this section indicates that a prospective department employee or prospective independent contractor was convicted of any of the disqualifying offenses set forth in subsection (9)(b) or (9)(c) of this section, the person is disqualified from employment either as a department employee or as an independent contractor in a position involving direct contact with vulnerable persons. The department shall not hire or retain a person who is disqualified as a result of this section for a position involving direct contact with vulnerable persons nor is the person eligible to contract for or continue in a contract position designated by the executive director or the executive director's designee as involving direct contact with vulnerable persons.

(b) Except as otherwise provided in subsection (9)(d) of this section, a person is disqualified from employment either as a department employee or as an independent contractor, regardless of the length of time that may have passed since the discharge of the sentence imposed for any of the following criminal offenses:

(I) A crime of violence, as defined in section 18-1.3-406, C.R.S.;

(II) Any felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;

(III) Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;

(IV) Any felony offense of child abuse, as defined in section 18-6-401, C.R.S.; or

(V) Any felony offense in any other state, the elements of which are substantially similar to the elements of any of the offenses described in subparagraph (I), (II), (III), or (IV) of this paragraph (b).

(c) Except as otherwise provided in subsection (9)(d) of this section, a person is disqualified from employment either as a department employee or as an independent contractor if less than ten years have passed since the person was discharged from a sentence imposed for conviction of any of the following criminal offenses:

(I) Third degree assault, as described in section 18-3-204, C.R.S.;

(II) Any misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;

(III) Violation of a protection order, as described in section 18-6-803.5, C.R.S.;

(IV) Any misdemeanor offense of child abuse, as defined in section 18-6-401, C.R.S.;

(V) Any misdemeanor offense of sexual assault on a client by a psychotherapist, as defined in section 18-3-405.5, C.R.S.; or

(VI) Any misdemeanor offense in any other state, the elements of which are substantially similar to the elements of any of the offenses described in subparagraph (I), (II), (III), (IV), or (V) of this paragraph (c).

(d) If a person was adjudicated a juvenile delinquent for the commission of any disqualifying offense set forth in either paragraph (b) or (c) of this subsection (9) and more than seven years have elapsed since the commission of the offense, the person may submit a written request to the executive director as provided in subsection (13) of this section for reconsideration of the disqualification.

(10) (a) Any department employee who is employed in a position involving direct contact with vulnerable persons and who is arrested, charged with, or issued a summons and complaint for any of the disqualifying offenses set forth in subsection (9)(b) or (9)(c) of this section shall inform his or her supervisor of the arrest, charges, or issuance of a summons and complaint before returning to work. Any department employee who fails to make such a report or disclosure may be terminated from employment. The department or any facility operated by the department shall advise its employees and independent contractors in writing of the requirement for self-reporting of the disqualifying offenses set forth in subsection (9)(b) or (9)(c) of this section.

(b) Any department employee who is charged with any of the disqualifying offenses set forth in subsection (9)(b) of this section must be suspended until resolution of the criminal charges or completion of administrative action by the department. A department employee who is charged with any of the disqualifying offenses set forth in subsection (9)(c) of this section may be suspended at the discretion of the department until resolution of the criminal charges or completion of administrative action by the department. The department employee shall inform his or her supervisor of the disposition of the criminal charges. Any department employee who fails to report such information may be terminated from employment. Upon notification to the department that the department employee has received a conviction for any of the disqualifying offenses described in subsection (9)(b) or (9)(c) of this section, the department employee must be terminated from employment. Nothing in this subsection (10)(b) prohibits the department from taking administrative action if the department employee's conduct would justify disciplinary action under section 13 of article XII of the state constitution for failure to comply with standards of efficient service or competence or for willful misconduct, willful failure, or inability to perform his or her duties.

(11) The general assembly recognizes that the department contracts with persons to serve in positions that involve direct contact with vulnerable persons in state-operated facilities or to provide state-funded services that involve direct contact with vulnerable persons in the homes and residences of such vulnerable persons. In order to protect vulnerable persons who come into contact with these independent contractors, the executive director or his or her designee shall designate those contract positions that involve direct contact with vulnerable persons that are subject to the provisions of this subsection (11). In any contract initially entered into or renewed on or after July 1, 1999, concerning a contract position that has been designated as involving direct contact with vulnerable persons, the department shall include the following terms and conditions:

(a) That the independent contractor shall submit to a state and national fingerprint-based criminal history record check as described in subsection (4) of this section for state employees; except that the independent contractor shall bear the cost of such criminal history record checks;

(b) That the independent contractor shall report any arrests, charges, or summonses for any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section to the independent contractor's supervisor at the department before returning to work;

(c) That the independent contractor may be suspended or terminated, at the discretion of the department, prior to the resolution of the criminal charges for any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section;

(d) That, upon notification to the department that the independent contractor has been convicted for any of the disqualifying offenses described in subsection (9)(b) or (9)(c) of this section, the independent contractor's position with the department must be terminated.

(11.5) (a) The general assembly also recognizes that the department contracts with outside contracting agencies for services where the contracting agency's employees will have direct contact with vulnerable persons who receive services pursuant to title 26 and this title 27. To protect vulnerable persons who come into contact with employees of a contracting agency, the executive director, or his or her designee, shall designate those contracts that will involve direct contact with vulnerable persons and that are therefore subject to the provisions of this subsection (11.5). Any contract with a contracting agency that is initially entered into or is renewed on or after July 1, 2018, and that has been designated as a contract that involves direct contact with vulnerable persons, must include the following terms and conditions:

(I) The contracting agency shall submit its employees who will have direct contact with vulnerable persons as a result of the contract to a state and national fingerprint-based criminal history record check. The contracting agency shall provide the information required by subsection (4) of this section to the executive director or any division head of the department who works directly with the contracting agency.

(II) That the contracting agency shall require its employees who will have direct contact with vulnerable persons as a result of the contract to report any arrests, charges, or summonses for any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section to the contracting agency's supervisor before returning to work. The contracting agency's supervisor shall immediately notify the executive director or the respective division head of the department who works directly with the contracting agency upon notification of any such report made by an employee.

(III) That the contracting agency may be required to remove an employee from having direct contact with vulnerable persons, at the discretion of the department, prior to the resolution of the criminal charges for any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section;

(IV) That, upon notification to the department that the contracting agency's employee who has direct contact with vulnerable persons as a result of the contract has been convicted of any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section, such employee is no longer permitted to work in any capacity with the department where he or she would have direct contact with vulnerable persons as a result of the contract; and

(V) That, if the contracting agency fails to comply with subsections (11.5)(a)(I) to (11.5)(a)(IV) of this section, the contract may be immediately terminated.

(b) If the contracting agency is also licensed pursuant to section 26-6-905 and has conducted a criminal history record check pursuant to section 26-6-905 (8)(a)(III) for its employees who will have direct contact with vulnerable persons as a result of the contract, the department may accept such criminal history record check to satisfy the requirements of this subsection (11.5).

(12) A department employee, independent contractor, or employee of a contracting agency who is disqualified due to conviction of any of the disqualifying offenses set forth in subsection (9)(b) or (9)(c) of this section may submit a written request to the executive director for reconsideration of the disqualification. Reconsideration pursuant to this subsection (12) may only be based on a mistake of fact such as an error in the identity of the person for whom the criminal history record check was performed pursuant to subsection (11) of this section. If the executive director determines that there was a mistake of fact involving the identity of the person, the executive director shall issue a finding that the disqualifying factor is not a bar to the person's employment either as a department employee or as an independent contractor or employee of a contracting agency.

(13) (a) A department employee, an independent contractor, or an employee of a contracting agency who is disqualified for conviction of an offense specified in subsection (9)(c) of this section may submit a written request to the executive director for reconsideration of the disqualification and a review of whether the person poses a risk of harm to vulnerable persons. In reviewing a disqualification, the executive director shall give predominant weight to the safety of vulnerable persons over the interests of the disqualified person. The final determination must be based upon a review of:

(I) The seriousness of the disqualifying offense;

(II) Whether the person has a conviction for more than one disqualifying offense;

(III) The vulnerability of the victim at the time the disqualifying offense was committed;

(IV) The time elapsed without a repeat of the same or similar disqualifying offense;

(V) Documentation of successful completion of training or rehabilitation pertinent to the disqualifying offense; and

(VI) Any other relevant information submitted by the disqualified person.

(b) The decision of the executive director shall constitute final agency action.

(14) Nothing in this section shall be construed to preclude the department or the director of any facility operated by the department from adopting a policy regarding self-reporting of arrests, charges, or summonses or a policy regarding disqualification from employment that includes other offenses not set forth in paragraph (b) or (c) of subsection (9) of this section.

(15) (a) In considering any disciplinary action under section 24-50-125 (1) against an employee who is certified to any class or position in the state personnel system for engaging in mistreatment, abuse, neglect, or exploitation against a vulnerable person, the appointing authority shall give weight to the safety of vulnerable persons over the interests of any other person. For purposes of this subsection (15), "mistreatment", "abuse", "neglect", or "exploitation" shall have the same definitions as contained in article 22 of title 16, articles 3 and 6.5 of title 18, articles 1 and 3 of title 19, article 3.1 of title 26, and this article 90 and titles 38 and 42 of the code of federal regulations, as amended.

(b) If the appointing authority finds that the employee has engaged in mistreatment, abuse, neglect, or exploitation against a vulnerable person, the appointing authority may take such disciplinary action as the appointing authority deems appropriate, up to and including termination, taking into consideration the harm or risk of harm to vulnerable persons created by the employee's actions. Nothing in this subsection (15)(b) affects the constitutional or statutory due process rights afforded to an employee who is certified to any class or position in the state personnel system.

(c) This subsection (15) applies regardless of whether the employee has been charged with or convicted of a disqualifying offense under subsection (9)(b) or (9)(c) of this section.
C.R.S. § 27-65-105 — CO Code / Title 27 / Article 65 / Section 27-65-105
27-65-105. Rights of respondents
Status: in_force

27-65-105. Rights of respondents. Unless specifically stated in an order by the court, a respondent does not forfeit any legal right or suffer legal disability by reason of the provisions of this article 65.
C.R.S. § 27-81-109 — CO Code / Title 27 / Article 81 / Section 27-81-109
27-81-109. Voluntary treatment of persons with substance use disorders
Status: in_force

27-81-109. Voluntary treatment of persons with substance use disorders. (1) A person with a substance use disorder, including a minor, may apply for voluntary treatment directly to an approved treatment facility.

(2) Subject to rules adopted by the commissioner, the administrator in charge of an approved treatment facility shall determine who is admitted for treatment. If a person is refused admission to an approved treatment facility, the administrator may refer the person to another approved and appropriate treatment facility for treatment if it is deemed likely to be beneficial. A person must not be referred for further treatment if it is determined that further treatment is not likely to bring about significant improvement in the person's condition, or treatment is no longer appropriate, or further treatment is unlikely to be beneficial.

(3) If a patient receiving residential care leaves an approved treatment facility, the person is encouraged to consent to outpatient treatment or supportive services, if appropriate.
C.R.S. § 27-65.5-101 — CO Code / Title 27 / Article 65.5 / Section 27-65.5-101
27-65.5-101. Eating disorder treatment and recovery facilities - rules
Status: in_force

27-65.5-101. Eating disorder treatment and recovery facilities - rules. (1) No later than January 1, 2026, the behavioral health administration, established in section 27-50-102, shall require all eating disorder treatment and recovery facilities to hold an appropriate designation based on the level of care the facility provides, including facilities that offer intensive outpatient treatment, partial hospitalization, residential programs, and inpatient programs. Licensed clinicians who are not facility-based and offer behavioral health therapy to individuals with an eating disorder on an outpatient basis are not required to hold a designation.

(2) The state board of human services shall promulgate rules for eating disorder treatment and recovery facilities that must:

(a) Allow a patient to request and have access to any medical examination, including a weigh-in, without other patients present in the same room;

(b) Prohibit a treatment facility from requiring that a patient remove all clothing during a weigh-in without providing clothing that sufficiently provides privacy and covers the patient's body;

(c) Prohibit a treatment facility from requiring that a patient perform physical exercises during a weigh-in, unless the treatment provider has sufficient cause to believe that the patient would be at risk of harm, at which point the treatment provider shall document the need for further investigation in the patient's medical record and ask the patient to perform any physical exercise in a location with sufficient privacy and in a way that preserves the patient's dignity to the greatest extent possible;

(d) Require a treatment facility to provide gender nonconforming and transgender patients with the same restroom policies provided for cisgender patients;

(e) Prohibit a treatment facility from requiring that patients share a single stall with a staff member or another patient while in the act of using the restroom;

(f) Require a treatment facility's policies to respect and accommodate a patient's sexual orientation, gender identity, religion, and, unless clinically contraindicated, personal dietary ethics;

(g) Require the presence of appropriate and qualified staff to treat a patient at all times, including during weigh-ins, restroom time, vital sign checks, and behavioral health treatment and group therapy. If a staff member performs multiple functions at a treatment facility, the rules must ensure providers preserve and prioritize the therapeutic relationship between the staff member and patient.

(h) Address the use of restraints and restriction of a patient's allowed bodily movement. The rules must ensure that restriction of movement is never used as a form of punishment and that patients are permitted a minimum amount of physical activity per day as clinically appropriate.

(i) Address the use of bed-based or room-based care, ensuring these practices are used as a last resort and that staff meaningfully engage patients to avoid these restrictive measures; except that this subsection (2)(i) does not apply to an eating disorder program in a general hospital setting;

(j) Require a treatment facility to implement a trauma-informed treatment framework;

(k) Establish the minimum rights each patient is entitled to at a treatment facility and require that patient rights be publicly posted and provided to each patient electronically and in writing. In addition, the formal grievance process for a patient to file a complaint against the treatment facility through the behavioral health administration for an alleged violation of the patient's rights must be publicly posted and provided to each patient electronically and in writing.

(l) Prior to involuntarily placing a feeding tube for a minor patient, require the eating disorder treatment and recovery facility to obtain informed written consent from both the patient and the patient's parent or legal guardian if the patient is fifteen years of age or older or from only the patient's parent or legal guardian if the patient is fourteen years of age or younger. If a patient is fifteen years of age or older and does not consent to or objects to the continued use of an involuntary feeding tube, the patient may seek review pursuant to section 27-65-104 (6).
C.R.S. § 27-80-206 — CO Code / Title 27 / Article 80 / Part 2 / Section 27-80-206
27-80-206. Controlled substances program fund - disposition of fees
Status: in_force

27-80-206. Controlled substances program fund - disposition of fees. There is created in the state treasury the controlled substances program fund. The BHA shall transmit all money it collects pursuant to this part 2 to the state treasurer, who shall credit the money to the controlled substances program fund. The general assembly shall annually appropriate money from the controlled substances program fund to the BHA for the purposes authorized by this part 2. All money credited to the controlled substances program fund and any interest earned on the fund remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year.
C.R.S. § 27-60-402 — CO Code / Title 27 / Article 60 / Part 4 / Section 27-60-402
27-60-402. Early intervention, deflection, and redirection from the criminal justice system
Status: in_force

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;

(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. § 27-80-304 — CO Code / Title 27 / Article 80 / Part 3 / Section 27-80-304
27-80-304. Liaisons - department - commissioner of insurance
Status: in_force

27-80-304. Liaisons - department - commissioner of insurance. The commissioner of insurance and the executive director of the department shall each appoint a liaison to the ombudsman to receive reports of concerns, complaints, and potential violations described in section 27-80-303 (3)(b) from the ombudsman, consumers, or health-care providers.
C.R.S. § 27-70-103 — CO Code / Title 27 / Article 70 / Section 27-70-103
27-70-103. Medication consistency for individuals with behavioral or mental health disorder
Status: in_force

27-70-103. Medication consistency for individuals with behavioral or mental health disorders in the criminal and juvenile justice systems - medication formulary - cooperative purchasing - reporting - rules. (1) (a) Beginning December 1, 2017, the state board of human services, in consultation with the department of corrections, shall promulgate rules that require providers under the department's and the BHA's authority to use a medication formulary that has been developed collaboratively by departments, agencies, and providers. Public hospitals and licensed private hospitals may also, at their discretion, participate in the medication formulary. Using consulting services as necessary, the department and the BHA shall also develop processes for education and marketing related to information regarding the medication formulary and cooperative purchasing opportunities for facilities and providers.

(b) For the sole purpose of ensuring medication consistency for persons with mental health disorders in the criminal and juvenile justice systems, the department of corrections, counties, the division of youth services, community mental health centers, and other providers shall share patient-specific mental health and treatment information. All such information sharing must comply with confidentiality requirements, including any necessary memorandums of understanding between providers, set forth in the federal "Health Insurance Portability and Accountability Act of 1996", 45 CFR parts 2, 160, 162, and 164.

(2) Beginning July 1, 2018, the BHA shall have the following duties and responsibilities, subject to available appropriations:

(a) On or before September 1, 2018, and every September 1 of every even-numbered year thereafter, the BHA shall conduct a review of the medication formulary to address any urgent concerns related to the formulary and to propose updates to the formulary. During this review, the BHA shall also create the appropriate notification process for updates to the formulary.

(b) On or before July 1, 2019, and every two years thereafter as necessary, the BHA shall conduct a review of the medication formulary to update the medication formulary and ensure compliance with the medicaid formulary used by the department of health care policy and financing.

(c) The BHA, in collaboration with the office of information technology, the office of e-health innovation, the department of health care policy and financing, the department of public safety, the department of corrections, and other agencies as appropriate, shall develop a plan by which the patient-specific information required by subsection (1)(b) of this section can be shared electronically, while still in compliance with confidentiality requirements, including any necessary memorandums of understanding between providers, set forth in the federal "Health Insurance Portability and Accountability Act of 1996", 45 CFR 2, 160, 162, and 164.

(d) (I) The BHA shall encourage providers that have been granted purchasing authority by the department of personnel pursuant to section 24-102-204 to utilize cooperative purchasing for the medication formulary, as authorized pursuant to section 24-110-201, unless the provider can obtain the medication elsewhere at a lower cost. The use of cooperative purchasing may, and is encouraged to, include external procurement activity, as defined in section 24-110-101 (2), if the external procurement activity aggregates purchasing volume to negotiate discounts with manufacturers, distributors, and other vendors.

(II) Any external procurement activity, as defined in section 24-110-101 (2), used by providers for purposes of this article 70 is encouraged to include an ongoing drug utilization review process. The purpose of the review process is to help ensure a structured, ongoing review of health-care provider prescribing, pharmacist dispensing, and patient use of medication. The review must include a comprehensive analysis of patients' prescription and medication data to help ensure appropriate medication decision-making and positive patient outcomes by providing educational feedback to providers on appropriate medication utilization.

(e) The BHA shall investigate and develop options for collaboration with local county jails to coordinate medication purchasing.

(3) (a) Beginning in January 2019, and every January thereafter, the BHA and the department of corrections shall report progress on the implementation and use of the medication formulary and cooperative purchasing as part of the BHA's and department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203. The department and the BHA shall make such reports to the joint health and human services committee and the joint judiciary committee, or any successor committees.

(b) This section is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirement of that section shall remain in effect until changed by the general assembly acting by bill.
C.R.S. § 27-63-103 — CO Code / Title 27 / Article 63 / Section 27-63-103
27-63-103. Implementation plan - departments' duties - report
Status: repealed

27-63-103. Implementation plan - departments' duties - report. (Repealed)
C.R.S. § 27-65-112 — CO Code / Title 27 / Article 65 / Section 27-65-112
27-65-112. Termination of certification for short-term and long-term treatment
Status: in_force

27-65-112. Termination of certification for short-term and long-term treatment. (1) An original or extended certification for short-term treatment issued pursuant to section 27-65-108.5 or 27-65-109, or an order or extension for certification for long-term care and treatment pursuant to section 27-65-110, terminates as soon as the professional person in charge of treatment of the respondent and the BHA determine the respondent has received sufficient benefit from the treatment for the respondent to end involuntary treatment. Whenever a certification or extended certification is terminated pursuant to this section, the professional person in charge of providing treatment shall notify the court in writing within five days after the termination.

(2) Before termination, a respondent who leaves a facility may be returned to the facility by order of the court without a hearing or by the superintendent or director of the facility without a court order. After termination, a respondent may be returned to the facility only in accordance with this article 65.
C.R.S. § 27-90-106 — CO Code / Title 27 / Article 90 / Section 27-90-106
27-90-106. Legislative review of facilities program plans for juvenile facilities
Status: repealed

27-90-106. Legislative review of facilities program plans for juvenile facilities. (Repealed)