C.R.S. § 27-60-106 — CO Code / Title 27 / Article 60 / Part 1 / Section 27-60-106
27-60-106. Jail-based behavioral health services program - purpose - created - funding - re
Status: in_force

27-60-106. Jail-based behavioral health services program - purpose - created - funding - repeal. (1) There is created in the behavioral health administration the jail-based behavioral health services program, referred to in this section as the "program". The program may receive money from the correctional treatment cash fund pursuant to section 18-19-103 (5)(c)(V).

(2) The purpose of the program is to:

(a) Provide adequate staff to complete behavioral health screenings; prescribe psychiatric medications as necessary; and provide mental health counseling, substance use disorder treatment pursuant to section 18-19-103 (5)(c)(V), and transitional care coordination;

(b) Train jail staff on behavioral health disorders and best practices in working with individuals with mental health, substance use, and co-occurring disorders; and

(c) Fund administrative costs to jails that implement the requirements outlined in subsection (3) of this section.

(3) The BHA shall prioritize jails with minimal behavioral health services, including but not limited to rural and frontier jails.

(4) Subject to available appropriations, the BHA shall require a county jail that receives funding through the program to:

(a) Screen all individuals booked into the jail facility with standardized evidence-based screening tools, as determined by the BHA, for mental health disorders, substance use disorders, and suicide risk;

(b) Assess all individuals when booked into the jail facility and at any time subsequent to booking when clinically indicated for substance use withdrawal symptoms and develop protocols for medical detoxification monitoring procedures, medication-assisted treatment, or other appropriate withdrawal management care, consistent with the requirements pursuant to sections 17-26-104.9 and 17-26-140;

(c) Assess all individuals booked into the jail facility for psychiatric medication needs by requesting and reviewing medical and prescription history;

(d) Have access to all psychiatric medications, as defined by the medication formulary established pursuant to section 27-70-103;

(e) Assist in the provision of coordinated services for individuals in jail custody who may require competency restoration services;

(f) Coordinate services with community behavioral health providers prior to the release of an inmate to ensure continuity of care following his or her release from the jail facility;

(g) Track performance outcomes for measures developed by the BHA, including behavioral health disorder prevalence and service data through information-sharing processes, as defined by the BHA; and

(h) Partner with the BHA to develop feasible health information exchange strategies for medical and behavioral health records.

(5) (a) The BHA shall require a county jail that receives funding through the program to have a policy in place on or before January 1, 2020, that describes how medication-assisted treatment, as defined in section 23-21-803, will be provided, when necessary, to individuals confined in the county jail. The BHA shall require a county jail that receives funding through the program to develop, implement, and publish a policy on or before January 1, 2023, that describes the provision of medication-assisted treatment and other appropriate withdrawal management care upon release from jail.

(b) A sheriff who is the custodian of a county jail or city and county jail may enter into agreements with community agencies, behavioral health organizations, and substance use disorder treatment organizations to assist in the development and administration of medication-assisted treatment in the jail.

(6) Subject to available appropriations, nothing in this section prohibits program funds from being used to meet the requirements outlined in sections 17-26-303 and 17-26-304 for local jails, as defined in section 17-26-302 (2), by providing additional staffing, training, robust behavioral health services and supports, or facility changes. Any facility changes must be approved by the BHA before funds may be expended.
C.R.S. § 27-90-101 — CO Code / Title 27 / Article 90 / Section 27-90-101
27-90-101. Executive director - division heads - interagency council - advisory boards
Status: in_force

27-90-101. Executive director - division heads - interagency council - advisory boards. (1) (a) Medical personnel employed at any of the institutions subject to the control of the executive director, the medical director of which is licensed to practice medicine in this state, shall be exempt from the provisions of the "Colorado Medical Practice Act", article 240 of title 12, with respect to service rendered to bona fide patients or inmates at those institutions, if such personnel: Are licensed to practice medicine in any other state of the United States or any province of Canada; have satisfactorily completed an internship of not less than one year in the United States, Canada, or Puerto Rico in a hospital approved for that purpose by the American medical association; have satisfactorily completed three years of postgraduate residency training, or its equivalent, in their particular specialty in a hospital approved for that purpose by the American Medical Association; and can read, write, speak, and understand the English language. Proof that the requirements have been met shall be submitted to and approved or disapproved by the executive director.

(b) All personnel who cannot satisfy all of the requirements set forth in subsection (1)(a) of this section shall be exempt from the "Colorado Medical Practice Act", article 240 of title 12, with respect to services rendered to bona fide patients or inmates at said institutions, if the personnel are of good moral character, are graduates of an approved medical college as defined in section 12-240-104 (3), have completed an approved internship of at least one year as defined in section 12-240-104 (2) within nine months after first being employed, pass the examinations approved by the Colorado medical board under the "Colorado Medical Practice Act" and the National Board of Medical Examiners, the National Board of Examiners for Osteopathic Physicians and Surgeons, or the Federation of State Medical Boards, or their successor organizations, on subjects relating to the basic sciences, are able to read, write, speak, and understand the English language, and, in the case of personnel who are not citizens of the United States, become citizens within the minimum period of time within which the particular individual can become a citizen according to the laws of the United States and the regulations of the immigration and naturalization service of the United States, department of justice, or any successor agency, or within such additional time as may be granted by said boards.

(c) Medical personnel granted exemption under paragraphs (a) and (b) of this subsection (1) may not practice medicine except as described in this subsection (1) without first complying with all of the provisions of the "Colorado Medical Practice Act".

(2) The governor may appoint an interagency council to serve at his or her pleasure, to be composed of such representatives as he or she may select from the departments of public health and environment, labor and employment, health care policy and financing, human services, personnel, and such other state officers and officials as he or she may deem appropriate.

(3) The governor may appoint advisory boards to consult with the executive director and the chief officer of any institution within the jurisdiction of the department. Any such advisory board shall consist of not less than five nor more than fifteen persons recognized or known to be interested and informed in the area of the institution's purpose and function. Members of the advisory boards shall serve without compensation but may be reimbursed for actual and necessary expenses incurred in attending regular meetings. Advisory boards established pursuant to this subsection (3) shall meet quarterly and during any interim on call of the executive director.
C.R.S. § 27-80-303 — CO Code / Title 27 / Article 80 / Part 3 / Section 27-80-303
27-80-303. Office of ombudsman for behavioral health access to care - creation - appointmen
Status: in_force

27-80-303. Office of ombudsman for behavioral health access to care - creation - appointment of ombudsman - duties. (1) (a) There is created in the office of the executive director of the department the office of the ombudsman for behavioral health access to care for the purpose of assisting Coloradans in accessing behavioral health care. The office of the ombudsman for behavioral health access to care is a type 1 entity, as defined in section 24-1-105.

(b) The department and the BHA shall offer the office limited support with respect to:

(I) Personnel matters;

(II) Recruitment;

(III) Payroll;

(IV) Benefits;

(V) Budget submission, as needed;

(VI) Accounting;

(VII) Office space, facilities, and technical support; and

(VIII) Administrative support that will help maintain the independence of the office.

(c) The office operates with full independence and has complete autonomy, control, and authority over operations, budget, and personnel decisions related to the office and the ombudsman, subject to state personnel and fiscal rules. The office may seek, accept, and expend gifts, grants, or donations for the purpose of operating the office. The department may, but is not required to, provide funding to the office.

(2) By November 1, 2018, the governor shall designate an ombudsman for behavioral health access to care, who shall serve as director of the office. The ombudsman shall serve as a neutral party to help consumers, including consumers who are uninsured or have public or private health benefit coverage, including coverage that is not subject to state regulation, and health-care providers, acting on their own behalf, on behalf of a consumer with the consumer's written permission, or on behalf of a group of health-care providers, navigate and resolve issues and ensure compliance regarding consumer access to behavioral health care, including care for mental health conditions and substance use disorders.

(3) The ombudsman shall:

(a) Interact with consumers and health-care providers with concerns or complaints to help the consumers and providers resolve behavioral health-care access and coverage issues;

(b) Identify, track, and report to the appropriate regulatory or oversight agency concerns, complaints, and potential violations of state or federal rules, regulations, or statutes concerning the availability of, and terms and conditions of, benefits for mental health conditions or substance use disorders, including potential violations related to quantitative and nonquantitative treatment limitations;

(c) Receive and assist consumers and providers in reporting concerns and filing complaints with appropriate regulatory or oversight agencies relating to inappropriate care, a procedure for an emergency mental health hold pursuant to section 27-65-106, a certification for short-term treatment pursuant to section 27-65-108.5 or 27-65-109, or a certification for long-term care and treatment pursuant to section 27-65-110;

(d) Provide appropriate information to help consumers obtain behavioral health care;

(e) Develop appropriate points of contact for referrals to other state and federal agencies;

(f) Provide appropriate information to help consumers or health-care providers file appeals or complaints with the appropriate entities, including insurers and other state and federal agencies; and

(g) Be the appointing authority for any employees the office may choose to hire. Any such employees are state employees subject to the state personnel system.

(4) The ombudsman, employees of the office, and any persons acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the department and the BHA with respect to the treatment of confidential information or records and the disclosure of such information and records.

(5) In the performance of the ombudsman's duties, the ombudsman shall act independently of the department and the BHA. Any recommendations made or positions taken by the ombudsman do not reflect those of the department or the BHA.
C.R.S. § 27-60-401 — CO Code / Title 27 / Article 60 / Part 4 / Section 27-60-401
27-60-401. Definitions
Status: in_force

27-60-401. Definitions. As used in this part 4, unless the context otherwise requires:

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

(2) "Community-based organization" means a nonprofit organization that is representative of the community served, or significant segments of the community served, and engaged in meeting that community's needs in the areas of social, human, or health services.

(3) "Eligible entity" means:

(a) A community-based organization;

(b) A nonprofit hospital that provides behavioral health treatment;

(c) A local government;

(d) A federally recognized Indian tribe;

(e) An office that provides or coordinates court-appointed counsel to represent indigent clients charged with a criminal offense in municipal or state court;

(f) A federally qualified health center, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4), that partners and submits a joint application with a community-based organization, nonprofit hospital that provides behavioral health treatment, local government, or federally recognized Indian tribe;

(g) A rural health clinic, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(2), that partners and submits a joint application with a community-based organization, nonprofit hospital that provides behavioral health treatment, local government, or federally recognized Indian tribe; and

(h) A local law enforcement agency, but only for the purpose of developing or expanding a co-responder community response program, as defined in section 24-32-3501 (8).

(4) "Grant program" means the early intervention, deflection, and redirection from the criminal justice system grant program established in section 27-60-402.

(5) "Local government" means a county, municipality, or city and county.

(6) "Local law enforcement agency" means a county sheriff's office or a municipal police department.

(7) "Review committee" means the early intervention, deflection, and redirection from the criminal justice system grant review committee created in section 27-60-403.
C.R.S. § 27-50-601 — CO Code / Title 27 / Article 50 / Part 6 / Section 27-50-601
27-50-601. Department of health care policy and financing - behavioral health network stand
Status: in_force

27-50-601. Department of health care policy and financing - behavioral health network standards. (1) The statewide managed care system, created pursuant to part 4 of article 5 of title 25.5 and implemented by the department of health care policy and financing, shall use health facilities licensed by the department of public health and environment pursuant to article 1.5 of title 25 or licensed by the BHA pursuant to part 5 of this article 50 and individual behavioral health practitioners licensed by the department of regulatory agencies and federally qualified health centers, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4), when creating statewide or regional behavioral health networks.

(2) The department of health care policy and financing shall align all community-based behavioral health programs and networks with the behavioral health continuum of care, behavioral health safety net services, and care coordination provider standards created by the BHA pursuant to part 3 of this article 50.

(3) The department of health care policy and financing shall require that all behavioral health providers enter into a contract developed pursuant to section 27-50-203 when contracting for community-based behavioral health services in the state.

(4) The BHA shall collaborate with the department of health care policy and financing to support the early and periodic screening, diagnostic, and treatment benefit access and provider network.
C.R.S. § 27-81-117 — CO Code / Title 27 / Article 81 / Section 27-81-117
27-81-117. Criminal laws - limitations
Status: in_force

27-81-117. Criminal laws - limitations. (1) A county, municipality, or other political subdivision may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a person with an alcohol use disorder, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.

(2) A county, municipality, or other political subdivision shall not interpret or apply any law of general application to circumvent the provisions of subsection (1) of this section.

(3) Nothing in this article 81 affects any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol or drugs, or other similar offense involving the operation of a vehicle, an aircraft, or a boat or machinery or other equipment or regarding the sale, purchase, dispensing, possessing, or use of drugs or alcoholic beverages at stated times and places or by a particular class of persons.

(4) The fact that a person is intoxicated by alcohol, under the influence of drugs, or incapacitated by substances does not prevent the person's arrest or prosecution for the commission of any criminal act or conduct not enumerated in subsection (1) of this section.

(5) Nothing in this article 81 limits the right of a police officer to make an otherwise legal arrest, notwithstanding the fact that the arrested person may be intoxicated by alcohol, under the influence of drugs, or incapacitated by substances.
C.R.S. § 27-65-121 — CO Code / Title 27 / Article 65 / Section 27-65-121
27-65-121. Employment of persons in a facility - rules
Status: in_force

27-65-121. Employment of persons in a facility - rules. The BHA shall adopt rules governing the employment and compensation for the administration of care or treatment to persons receiving care or treatment pursuant to this article 65. The BHA shall establish standards for reasonable compensation for such employment.
C.R.S. § 27-92-108 — CO Code / Title 27 / Article 92 / Section 27-92-108
27-92-108. Certificate - prima facie evidence
Status: in_force

27-92-108. Certificate - prima facie evidence. In any action or proceeding to enforce the claims of the state provided for in this article, a certificate by the chief administrative officer of the institution involved or the executive director of the department of human services as to any fact or matter necessary to the establishment of the claim which is a matter of record in the institution or in the department of human services shall constitute prima facie evidence.
C.R.S. § 27-80-121 — CO Code / Title 27 / Article 80 / Part 1 / Section 27-80-121
27-80-121. Perinatal substance use data linkage project - center for research into substanc
Status: in_force

27-80-121. Perinatal substance use data linkage project - center for research into substance use disorder prevention, treatment, and recovery support strategies - report. (1) The center for research into substance use disorder prevention, treatment, and recovery support strategies established in section 27-80-118, referred to in this section as the "center", in partnership with an institution of higher education and the state substance abuse trend and response task force established in section 18-18.5-103, shall conduct a statewide perinatal substance use data linkage project that uses ongoing collection, analysis, interpretation, and dissemination of data for the planning, implementation, and evaluation of public health actions to improve outcomes for families impacted by substance use during pregnancy. The data linkage project shall utilize data from the medical assistance program established in articles 4 to 6 of title 25.5; the electronic prescription drug monitoring program created in part 4 of article 280 of title 12; the Colorado TRAILS system, as defined in section 16-20.5-102 (10); the Colorado immunization information system created pursuant to part 24 of article 4 of title 25; the Colorado child care assistance program created in part 1 of article 4 of title 26.5; the BHA; the early intervention program for infants and toddlers under part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.; the Colorado department of education; other data sources related to maternal health, as collected by the Colorado department of public health and environment; the Colorado all-payer health claims database described in section 25.5-1-204; family experiences and provider perspectives, when necessary; and birth and death records to examine the following:

(a) Health-care utilization by pregnant and postpartum women with substance use disorders and their infants compared to the general population;

(b) Human service, education, public health program utilization, and substance use treatment by pregnant and postpartum women with substance use disorders and their infants compared to the general population;

(c) Health-care, human service, education, and public health program outcomes, including morbidity and mortality outcomes, among pregnant and postpartum women with substance use disorders and their infants compared to the general population; and

(d) Costs associated with health-care, human service, education, and public health program provisions for pregnant and postpartum women with substance use disorders and their infants compared to the general population.

(2) The data linkage project shall use vital records to establish maternal and infant dyads beginning at the birth hospitalization and retrospectively link the prenatal period and prospectively link the first year postpartum.

(3) The data linkage project may conduct ongoing research related to the incidence of perinatal substance exposure or related infant and family health, education, and human service outcomes based on the standards specified in sections 19-1-103 (1)(a)(VII) and 19-3-102 (1)(g) for determining child abuse or neglect or whether a child is neglected or dependent.

(4) The data linkage project may connect additional state and non-state data sources for the purpose of improving population-level estimates of perinatal substance exposure and examining system utilization and outcomes.

(5) The governor's office of information technology shall obtain data and perform secure linkage and anonymization on behalf of the state.

(6) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2021, and annually thereafter throughout the duration of the data linkage project, the center shall report progress on the data linkage project and the results, if available, to the health and insurance committee and the public health care and human services committee of the house of representatives and the health and human services committee of the senate or their successor committees.
C.R.S. § 27-50-110 — CO Code / Title 27 / Article 50 / Part 1 / Section 27-50-110
27-50-110. Friends and family input form - rules
Status: in_force

27-50-110. Friends and family input form - rules. (1) (a) On or before July 1, 2025, the BHA shall create a friends and family input form to allow an individual to provide a treating professional or a licensed or designated facility or organization with information related to a patient receiving mental health or substance use services, including:

(I) Information about a patient's:

(A) Diagnosis;

(B) Past hospitalizations;

(C) De-escalation techniques;

(D) Current and past providers and their contact information;

(E) Potential triggers;

(F) Housing status;

(G) Family history, relationships, or social context;

(H) Current medical conditions; and

(I) Current and past medications; and

(II) Any other information as determined by the BHA based on feedback received from stakeholders.

(b) The friends and family input form must include a clear statement that the friends and family input form may become part of the patient's medical record.

(2) On or before October 1, 2024, the BHA shall convene one or more meetings to obtain input and recommendations from stakeholders, including consumer advocates; behavioral health providers, including behavioral health safety net providers; representatives from the department of public health and environment and the department of corrections; individuals with expertise in state and federal privacy law; and individuals who have accessed mental health or substance use services, concerning the best practices for creation and use of the friends and family input form described in subsection (1) of this section.

(3) (a) The friends and family input form may be accepted in writing or electronically by any health-care facility or provider licensed or designated by the BHA, any licensee as defined in section 12-245-202 (8), any registrant as defined in section 12-245-202 (16), the department of public health and environment, the department of corrections, a county or district public health agency, the department of health care policy and financing, or any other treatment facility for individuals with behavioral or mental health disorders.

(b) Covered entities may accept partially completed submissions of the friends and family input form.

(c) A treating professional or a licensed or designated facility or organization shall not distribute the friends and family input form to any other entity if a patient expressly prohibits disclosure, except if a court or other legal authority has ordered the disclosure.

(d) Nothing in this section shall be construed to modify or alter any generally accepted ethics, standards, protocols, or laws governing treating professionals. A covered entity, treating professional, or the professional's designee is not subject to any civil, criminal, or regulatory sanction for acting or failing to act in response to the information contained in the friends and family input form or for declining to accept a friends and family input form.

(e) If a patient explicitly objects to a covered entity receiving information regarding the patient from a specific individual, the covered entity is not required to accept information from the specific individual.

(4) A friend or family member providing information about an individual shall ensure the information is accurate to the best knowledge of the friend or family member providing the information.

(5) (a) An individual with a close, personal interest in the well-being of the patient may provide information pursuant to this subsection (5).

(b) A treating professional or a licensed or designated facility or organization may accept input in writing or through e-mail from another individual.

(c) A treating professional or a licensed or designated facility or organization may accept input verbally, including through voicemail. If a treating professional or a licensed or designated facility or organization accepts input verbally, the treating professional or licensed or designated facility or organization shall establish and document the process for accepting verbal input.

(d) The provider shall acknowledge receipt of the input provided pursuant to this subsection (5) but is not required to disclose additional information.

(6) (a) If the disclosures are permitted by HIPAA, a provider may share a patient's information with family, friends, or any individual with a close, personal interest in the well-being of the patient without the patient's consent if the patient is not present or is incapacitated and the treating professional or the professional's designee determines, based on professional judgment, that it is in the best interest of the patient.

(b) If a provider discloses information about a patient without the patient's consent pursuant to subsection (6)(a) of this section, the provider shall discuss only the information that an individual involved needs to know about a patient's care or payment.

(c) A provider or facility shall not inform a patient's family, friends, or any individual with a close, personal interest in the well-being of the patient about a past medical problem that is unrelated to the patient's current condition.

(d) A provider is not required by HIPAA to share a patient's information when the patient is not present or is incapacitated. The provider may wait until the patient has the opportunity to agree to the disclosure.

(7) The BHA shall create a resource page for both providers and families on its website that includes the friends and family input form and information from federal guidance documents and shall notify interested stakeholders of the availability of the friends and family input form and resource page.

(8) The BHA shall promulgate rules for behavioral health safety net providers related to maintaining and releasing patient information and implementing the friends and family input form.
C.R.S. § 27-10.5-135 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-135
27-10.5-135. Terminology - repeal
Status: repealed

27-10.5-135. Terminology - repeal. (Repealed)
C.R.S. § 27-10.5-107 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-107
27-10.5-107. Procedure for resolving disputes over eligibility, modification of services or s
Status: in_force

27-10.5-107. Procedure for resolving disputes over eligibility, modification of services or supports, and termination of services or supports. (1) Every state or local service agency receiving state money pursuant to section 27-10.5-104 or 25.5-10-105 shall adopt a procedure for the resolution of disputes arising between the service agency and any recipient of, or applicant for, services or supports authorized pursuant to section 27-10.5-104 or 25.5-10-105. The procedures must be consistent with rules promulgated by the department pursuant to article 4 of title 24 and must be applicable to the following disputes:

(a) A contested decision that the applicant is not eligible for services or supports;

(b) A contested decision to provide, modify, reduce, or deny services or supports set forth in the individualized plan or individualized family service plan of the person receiving services;

(c) A contested decision to terminate services or supports;

(d) A contested decision that the person receiving services is no longer eligible for services or supports.

(2) (Deleted by amendment, L. 92, p. 1369, § 9, effective July 1, 1992.)

(3) The department shall promulgate rules pursuant to article 4 of title 24, C.R.S., setting forth procedures for the resolution of disputes specified in subsection (1) of this section that shall:

(a) Require that all applicants for services and supports and the parents or guardian of a minor, the guardian, or an authorized representative be informed orally and in writing, in their native language, of the dispute resolution procedures at the time of application, at the time the individualized plan is developed, and any time changes in the plan are contemplated;

(b) Require that a service agency keep a written record of all proceedings specified pursuant to this section;

(c) Require that no person receiving services be terminated from such services or supports during the resolution process;

(d) Require that utilizing the dispute resolution procedure shall not prejudice the future provision of appropriate services or supports to individuals; and

(e) Require that the intended action not occur until after reasonable notice has been provided to the person, the parents or guardian of a minor, the guardian, or an authorized representative, along with an opportunity to utilize the resolution process, except in emergency situations, as determined by the department.

(3.5) The resolution process need not conform to the requirements of section 24-4-105, C.R.S., as long as the rules adopted by the department include provisions specifically setting forth procedures, time frames, notice, an opportunity to be heard and to present evidence, and the opportunity for impartial review of the decision in dispute by the executive director or designee, if the resolution process has failed.

(4) and (5) (Deleted by amendment, L. 92, p. 1369, § 9, effective July 1, 1992.)
C.R.S. § 27-80-119 — CO Code / Title 27 / Article 80 / Part 1 / Section 27-80-119
27-80-119. Care navigation program - creation - reporting - rules - legislative declaration
Status: repealed

27-80-119. Care navigation program - creation - reporting - rules - legislative declaration - definition. (Repealed)
C.R.S. § 27-50-802 — CO Code / Title 27 / Article 50 / Part 8 / Section 27-50-802
27-50-802. Study of health effects of felonizing fentanyl possession - repeal
Status: repealed

27-50-802. Study of health effects of felonizing fentanyl possession - repeal. (1) No later than November 1, 2022, the BHA shall contract with an independent nonprofit or educational entity that has expertise in clinical epidemiology, biostatistics, substance use and addiction, data collection and analysis, and, if possible, the intersection between the criminal justice system and substance use, to conduct an independent study of the health effects of criminal penalties pursuant to changes to section 18-18-403.5 (2.5) in House Bill 22-1326, enacted in 2022. At a minimum, the study must address the following:

(a) Whether the penalties pursuant to section 18-18-403.5 (2.5):

(I) Decreased or increased fentanyl-related overdoses, both fatal and nonfatal, among individuals charged with a felony compared to individuals charged with a misdemeanor pursuant to section 18-18-403.5 (2.5), and compared to individuals with opiate misuse or use disorder not charged with criminal possession of opiates; and

(II) Increased or decreased initiation and retention of evidence-based, effective treatment for individuals charged with an opiate use disorder among individuals charged with a felony compared to individuals charged with a misdemeanor pursuant to section 18-18-403.5 (2.5), and compared to individuals with opiate misuse or use disorder who were not charged with criminal possession of opiates;

(b) Differential health outcomes for individuals based on the individual's race, gender, ethnicity, age, economic status, pregnancy or postpartum status, or housing status, for individuals charged with a felony pursuant to section 18-18-403.5 (2.5), compared to individuals charged with a misdemeanor pursuant to section 18-18-403.5 (2.5), and compared to individuals with opiate misuse or use disorders who were not charged pursuant to section 18-18-403.5 (2.5). Differential health outcomes to consider include, but are not limited to, fatal and nonfatal overdoses and initiation and retention on medications for opiate use disorder.

(c) Whether effective, evidence-based treatment for opiate use disorder in the general population diminished in quality or quantity as a result of individuals ordered by the court into treatment based on charges brought pursuant to section 18-18-403.5 (2.5); and

(d) Whether penalties pursuant to section 18-18-403.5 (2.5) impact the likelihood of individuals addicted to fentanyl to seek or receive treatment, provide help to another person in the case of an overdose, or utilize naloxone, non-laboratory synthetic opiate detection tests, and other harm reduction resources.

(2) (a) The BHA shall make reasonable efforts to provide necessary data requested by the independent entity to complete the study required pursuant to subsection (1) of this section. The BHA shall establish a data-sharing agreement with, at a minimum, the department of public health and environment, the department of health care policy and financing, the judicial department, the department of corrections, the department of regulatory agencies, and, if feasible, county sheriffs and county coroners, to provide data to the independent entity including, but not limited to:

(I) All reasonably available criminal justice data requested by the independent entity;

(II) Opiate overdose death records, including toxicology reports, if available;

(III) Prescription data for medication for opiate use disorder, including for individuals in jail or prison charged pursuant to section 18-18-403.5 (2.5);

(IV) Encounters with emergency medical services providers, law enforcement agencies, or health-care facilities for fatal and nonfatal fentanyl or other opiate-related overdose; and

(V) Available information regarding the history of overdose, incarceration, and substance use treatment for individuals charged pursuant to section 18-18-403.5 (2.5), including whether the individual has sought and been denied on-demand treatment.

(b) The independent entity may perform a qualitative assessment by, at a minimum, conducting focus groups or interviews with a representative sample of individuals who use drugs and substance use disorder care providers and harm reduction providers across the state and continuum.

(c) No later than December 31, 2024, the independent entity shall submit a comprehensive report of the entity's findings to the BHA.

(d) No later than January 31, 2025, the BHA shall publish the report on the BHA's website and submit the report to the house of representatives judiciary committee, the house of representatives public and behavioral health and human services committee, the senate health and human services committee, and the senate judiciary committee, or their successor committees, as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required pursuant to section 2-7-203.

(3) The costs associated with performing the study pursuant to this section must be paid from the correctional treatment cash fund created in section 18-19-103 (4).

(4) This section is repealed, effective July 1, 2025.
C.R.S. § 27-65-126 — CO Code / Title 27 / Article 65 / Section 27-65-126
27-65-126. Transfer of persons into and out of Colorado - reciprocal agreements
Status: in_force

27-65-126. Transfer of persons into and out of Colorado - reciprocal agreements. The transfer of a person hospitalized voluntarily pursuant to this article 65 out of Colorado or under the laws of another jurisdiction into Colorado are governed by the provisions of the interstate compact on mental health.
C.R.S. § 27-91-109 — CO Code / Title 27 / Article 91 / Section 27-91-109
27-91-109. Personal display of flags
Status: in_force

27-91-109. Personal display of flags. (1) The right to display reasonably the flag of the United States shall not be infringed with respect to the display:

(a) On an individual's person;

(b) Anywhere on an individual's personal or real property; and

(c) In the buildings or on the grounds of any tax-supported property in the state; except that the state or political subdivision that has jurisdiction over the building or grounds may adopt reasonable rules and regulations regarding the size, number, placement, manner of display, and lighting of the flag, and the location, size, and height of flagpoles.

(2) (a) Notwithstanding any provision of subsection (1) of this section to the contrary, the right with respect to an individual's real property shall be subject to reasonable restrictive covenants or equitable servitudes; except that no such covenant or servitude, nor any owners' association shall prohibit the outdoor display of the flag of the United States by a property owner on that owner's property if the flag is displayed in a manner consistent with chapter 1 of title 4 of the United States Code, as amended.

(b) Notwithstanding any provision of paragraph (a) of this subsection (2) to the contrary, an owners' association, the state, or a political subdivision may adopt reasonable rules and regulations regarding the size, number, placement, manner of display, and lighting of the flag, and the location, size, and height of flagpoles.

(3) For purposes of this section, "display reasonably" shall be presumed to include a display of the flag of the United States that is consistent with chapter 1 of title 4 of the United States Code, as amended.

(4) A right described in subsection (1) of this section is a civil right of free speech and a protected form of expression under the first amendment to the United States constitution and section 10 of article II of the state constitution.
C.R.S. § 27-10.5-208 — CO Code / Title 27 / Article 10.5 / Part 2 / Section 27-10.5-208
27-10.5-208. Service provision system evaluation
Status: repealed

27-10.5-208. Service provision system evaluation. (Repealed)
C.R.S. § 27-50-502 — CO Code / Title 27 / Article 50 / Part 5 / Section 27-50-502
27-50-502. Behavioral health entities - minimum standard - rules
Status: in_force

27-50-502. Behavioral health entities - minimum standard - rules. (1) No later than January 1, 2024, the BHA shall promulgate rules pursuant to section 24-4-103 providing minimum standards for the operation of behavioral health entities within the state, including the following:

(a) Requirements to be met by all behavioral health entities to ensure the health, safety, and welfare of all behavioral health entity consumers, including, at a minimum:

(I) Requirements for consumer assessment, treatment, care coordination, patient rights, and consumer notice;

(II) Administrative and operational standards for governance; consumer records and record retention; personnel; admission and discharge criteria; policies and procedures to ensure compliance with regulatory and contract requirements; and quality management;

(III) Data reporting requirements;

(IV) Physical plant standards, including infection control; and

(V) Occurrence reporting requirements pursuant to section 27-50-510;

(b) Service-specific requirements that apply only to behavioral health entities electing to provide that service or set of services, including, at a minimum, standards for the specific types of behavioral health safety net services and other behavioral health services along the continuum of care created by the BHA pursuant to part 3 of this article 50, including but not limited to:

(I) Essential behavioral health safety net provider standards; and

(II) Comprehensive community behavioral health provider standards;

(c) Procedures for mandatory BHA inspections of behavioral health entities;

(d) Procedures for written plans for a behavioral health entity to correct violations found as a result of inspections;

(e) Intermediate enforcement remedies;

(f) Factors for behavioral health entities to consider when determining whether an applicant's conviction of or plea of guilty or nolo contendere to an offense disqualifies the applicant from employment with the behavioral health entity. The state board of human services may determine which offenses require consideration of these factors.

(g) Timelines for compliance with behavioral health entity standards that exceed the standards under which a behavioral health entity was previously licensed or approved.

(2) In approving or rejecting an essential behavioral health safety net provider for eligibility for enhanced service delivery payment, the commissioner shall:

(a) Require training on and provision of culturally competent and trauma-informed services;

(b) Consider the adequacy and quality of the services provided, taking into consideration factors such as geographic location, local community need, and availability of workforce;

(c) Require written policies and procedures on admitting, discharging, triaging, and denying services to clients in alignment with the standards determined by the BHA pursuant to sections 27-50-302 and 27-50-303;

(d) Require that overall responsibility for the administration of an essential behavioral health safety net provider be vested in a director who is a physician or a member of one of the licensed mental health professions, unless the provider is only providing recovery support services. If the director is not a licensed physician or licensed mental health professional, the provider shall employ or contract with at least one licensed physician or licensed mental health professional to advise the director on clinical decisions.

(e) Require that essential behavioral health safety net provider staff include, wherever feasible and appropriate in the discretion of the commissioner, medical staff able to provide medical clearance on site, and other professional staff workers such as psychologists, social workers, educational consultants, peers, community health workers, and nurses, with such qualifications, responsibilities, and experience that corresponds with the size and capacity of the provider; and

(f) Require that each essential behavioral health safety net provider from which services may be purchased:

(I) Be under the control and direction of a county or local board of health, a board of directors or board of trustees of a corporation, a for-profit or not-for-profit organization, a regional mental health board, or a political subdivision of the state;

(II) Be free of conflicts of interest; and

(III) Enter into a contract developed pursuant to section 27-50-203 and accept publicly funded clients.

(3) In approving or rejecting a comprehensive community behavioral health provider for eligibility for enhanced service delivery payment, the commissioner shall adhere to the standards for essential behavioral health safety net providers established in subsection (2) of this section, and the commissioner shall also:

(a) Require that treatment programs of the comprehensive community behavioral health provider be vested in a director who is a physician or a member of one of the licensed mental health professions. The director is not required to provide oversight or direction for recovery services. If the director is not a physician or licensed mental health professional, the provider shall contract with at least one licensed physician or licensed mental health professional to advise the director on clinical decisions.

(b) Consider whether the comprehensive community behavioral health provider has historically served medically needy or medically indigent patients and demonstrates a commitment to serve low-income and medically indigent populations or, in the case of a sole community provider, serves the medically indigent patients within its medical capability;

(c) Require the comprehensive community behavioral health provider to waive charges or charge for services on a sliding scale based on income and require that the provider not restrict access or services because of an individual's financial limitations;

(d) Require the comprehensive community behavioral health provider to serve priority populations;

(e) Encourage the comprehensive community behavioral health provider to emphasize the care and treatment of individuals recently released from incarceration and hospitals or facilities directed toward assisting individuals with behavioral or mental health disorders in the individual's adjustment to and functioning in the community;

(f) Require a process for tracking and reporting denials of care; and

(g) Require that the board in control and direction of the comprehensive community behavioral health provider include voting members that have lived experience with mental health disorders and substance use disorders and parents of children with mental health disorders and substance use disorders.

(4) In approving or rejecting local general or psychiatric hospitals, nontraditional facilities, innovative care models, and other behavioral health facilities or programs for the purchase or designation of services not provided by essential or comprehensive community behavioral health providers, the commissioner shall consider the following factors:

(a) The general quality of care provided to patients by such agencies;

(b) The organization of the medical staff to provide for the integration and coordination of the psychiatric treatment program;

(c) The provisions for the availability of nursing, psychological, and social services and the existence of an organized program of activities under the direction of an occupational therapist or another qualified person;

(d) The licensure of such entity by the department of public health and environment or another state agency where applicable;

(e) The methods by which the agency coordinates its services with those rendered by other agencies to ensure an uninterrupted continuum of care to individuals with behavioral or mental health disorders; and

(f) The availability of such services to the general public.

(5) In approving or rejecting behavioral health safety net providers pursuant to subsections (2) and (3) of this section, or other agencies pursuant to subsection (4) of this section, for the purchase of services, the commissioner shall ensure the behavioral health safety net providers and agencies comply with federal financial participation requirements for department-administered programs.

(6) In addition to these duties, the BHA may promulgate rules related to additional competencies related to serving priority populations. Behavioral health safety net providers approved by the BHA as demonstrating these additional competencies may be eligible for enhanced rates. State agencies shall consider such approved status in determining payment methodologies for services provided.
C.R.S. § 27-60-104.5 — CO Code / Title 27 / Article 60 / Part 1 / Section 27-60-104.5
27-60-104.5. Behavioral health capacity tracking system - rules - legislative declaration - d
Status: repealed

27-60-104.5. Behavioral health capacity tracking system - rules - legislative declaration - definitions. (1) (a) The general assembly finds that:

(I) There is a shortage of available beds for psychiatric emergencies, withdrawal management for substance use disorders, and intensive residential inpatient and outpatient behavioral health services in Colorado;

(II) Creating a behavioral health capacity tracking system of available treatment capacity and medication-assisted treatment programs would help families, law enforcement agencies, counties, court personnel, and emergency room personnel locate an appropriate treatment option for individuals experiencing behavioral health crises; and

(III) Further, a tracking system would decrease the time that individuals wait in emergency rooms, ensure that existing resources are maximized, and increase the likelihood that individuals in crisis receive services closer to their community.

(b) Therefore, the general assembly declares that the creation of a behavioral health capacity tracking system is an important tool for addressing behavioral health crises, including connecting individuals to treatment for opioid and other substance use disorders.

(2) As used in this section, unless the context otherwise requires:

(a) "Consistent noncompliance" means when a provider does not complete daily required capacity updates for two or more consecutive days or has five or more days of noncompliance in any given month.

(b) "Tracking system" means the behavioral health capacity tracking system created pursuant to this section.

(3) Pursuant to subsection (8) of this section, the BHA shall implement a behavioral health capacity tracking system, which must include the following:

(a) A twenty-four-hour, web-based platform;

(b) Online access by health-care professionals, law enforcement, and court personnel;

(c) Coordination with the telephone crisis service that is part of the behavioral health crisis response system pursuant to section 27-60-103;

(d) Required capacity updates, at least daily, unless the facility is a residential facility and capacity has not changed, with a penalty for consistent noncompliance, for facilities listed under subsection (3)(e) of this section; except that opioid treatment programs licensed pursuant to section 27-80-204 are only required to update daily whether the program is accepting new clients; and

(e) Capacity reporting for the following facilities and treatment providers statewide:

(I) Facilities that provide evaluation and treatment to individuals held under an emergency commitment pursuant to section 27-81-111, an involuntary commitment pursuant to section 27-81-112, or a civil commitment pursuant to section 27-65-106, including crisis stabilization units, acute treatment units, community mental health centers, and hospitals, including state mental health institutes;

(II) Inpatient treatment facilities;

(III) Residential treatment facilities;

(IV) Withdrawal management facilities; and

(V) Facilities licensed pursuant to section 27-80-204, including opioid treatment programs and medically managed and clinically managed withdrawal management facilities.

(4) In addition to reporting by those facilities listed in subsection (3)(e) of this section, the tracking system may allow any medical provider providing behavioral health treatment as part of the provider's medical practice to participate in the tracking system with prior approval by the BHA.

(5) To the extent possible, the tracking system should be designed to collect the following information:

(a) The name, address, web address, and telephone number of the facility or treatment program and information as to the process for confirming the current availability of a bed or a slot in a treatment program and for reserving a bed or slot in the facility or treatment program;

(b) The license type for the facility or treatment program and the licensed bed capacity of the facility;

(c) The number of beds or slots currently available and staffed for behavioral health services;

(d) Admission and exclusion criteria, including gender, age, acuity level, medical complications, diagnoses, or behaviors excluded, such as intellectual or developmental disabilities, aggression, substance use disorders, traumatic brain injury, or history of violence or aggressive behavior;

(e) The type of substance for which the facility or treatment program provides treatment;

(f) Whether the facility serves involuntary clients;

(g) Payer sources accepted by each facility or treatment program;

(h) The time and date of the last update of information for the facility or treatment program; and

(i) A link to a stable location map.

(6) The tracking system is designed to provide immediate and accurate information regarding the availability of facility beds or slots in treatment programs but does not guarantee availability. The user shall be directed to contact the facility or treatment program directly to confirm capacity and to arrange placement.

(7) Repealed.

(8) Subject to available appropriations, the BHA shall implement a centralized, web-based tracking system as described in this section and shall ensure that appropriate tracking system information is available to the public. The contractor of the twenty-four-hour telephone crisis services provided pursuant to section 27-60-103 shall use the tracking system as an available service resource locator.

(9) Repealed.

(10) The state board may adopt rules, as necessary, to implement this section.
C.R.S. § 27-81-107.5 — CO Code / Title 27 / Article 81 / Section 27-81-107.5
27-81-107.5. Licensure
Status: repealed

27-81-107.5. Licensure. (Repealed)
C.R.S. § 27-71-105 — CO Code / Title 27 / Article 71 / Section 27-71-105
27-71-105. Mental health residential facilities - licensing requirements - rules
Status: in_force

27-71-105. Mental health residential facilities - licensing requirements - rules. (1) On and after July 1, 2023, unless licensed as an assisted living facility, any person, partnership, association, or corporation operating a mental health residential facility shall obtain a license from the behavioral health administration. By July 1, 2023, the BHA shall promulgate rules establishing minimum standards for the operation and licensing of mental health facilities. The rules must address, at a minimum, health, safety, welfare, and programmatic and treatment consideration.

(2) Notwithstanding the requirement of subsection (1) of this section, a mental health facility need not be licensed as a mental health facility if the facility is:

(a) Licensed pursuant to article 27 of title 25; and

(b) Providing services to individuals under a home- and community-based services for persons with major mental health disorders waiver pursuant to part 6 of article 6 of title 25.5.
C.R.S. § 27-10.5-203 — CO Code / Title 27 / Article 10.5 / Part 2 / Section 27-10.5-203
27-10.5-203. Establishment of state council
Status: in_force

27-10.5-203. Establishment of state council. (1) There is created in the office of the executive director of the department of human services the Colorado developmental disabilities council. The state council is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The state council shall operate in accordance with the federal "Developmental Disabilities Assistance and Bill of Rights Act of 2000", 42 U.S.C. sec. 15001 et seq.

(2) The state council consists of twenty-four members appointed by the governor for three-year terms; except that the terms shall be staggered so that no more than eight members' terms expire in the same year. Vacancies shall be filled by appointment for the unexpired term.

(3) (a) The state council must at all times include in its membership representatives of the following:

(I) The principal state agencies, including the state agency that administers funds provided under the federal "Rehabilitation Act of 1973", the state agency that administers funds provided under the federal "Individuals with Disabilities Education Act", the state agency that administers funds provided under the federal "Older Americans Act of 1965", and the state agency that administers funds provided under Titles V and XIX of the federal "Social Security Act" for persons with developmental disabilities;

(II) The University Centers for Excellence in Developmental Disabilities Education, Research, and Service;

(III) Nongovernmental agencies; and

(IV) Private nonprofit groups concerned with services and supports for persons with developmental disabilities.

(b) At least four members of the state council must be persons with developmental disabilities.

(c) At least four members of the state council must be family members or guardians of persons with mentally impairing developmental disabilities, who are not employees of a state agency that receives funds or provides services and supports under this part 2, and who are not employees implementing programs under the federal "Social Security Act" or of any other entity that receives funds or provides services and supports under this part 2. At least one individual of the four appointed in this subsection (3)(c) must be an immediate relative or guardian of an institutionalized or previously institutionalized person with a developmental disability.

(d) At least half of the membership of the state council must be individuals described in subsection (3)(b) or (3)(c) of this section, or parents or guardians of such persons with developmental disabilities.

(4) Members of the state council are entitled to reimbursement for their expenses while attending regular and special meetings of the state council.

(5) The state council shall operate in accordance with bylaws adopted by a quorum of its membership.

(6) For the purposes of holding meetings of the state council, a quorum shall be a simple majority of the state council membership in attendance.
C.R.S. § 27-60-102.5 — CO Code / Title 27 / Article 60 / Part 1 / Section 27-60-102.5
27-60-102.5. Definitions
Status: repealed

27-60-102.5. Definitions. (Repealed)
C.R.S. § 27-60-506 — CO Code / Title 27 / Article 60 / Part 5 / Section 27-60-506
27-60-506. Repeal of part
Status: repealed

27-60-506. Repeal of part. This part 5 is repealed, effective January 31, 2027.
C.R.S. § 27-50-506 — CO Code / Title 27 / Article 50 / Part 5 / Section 27-50-506
27-50-506. Behavioral health licensing cash fund - creation
Status: in_force

27-50-506. Behavioral health licensing cash fund - creation. The behavioral health licensing cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money credited to the fund pursuant to section 27-50-504 (2). The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the BHA in performing its duties pursuant to this part 5. At the end of any state fiscal year, all unexpended and unencumbered money in the fund remains in the fund and must not be credited or transferred to the general fund or any other fund.
C.R.S. § 27-10.5-206 — CO Code / Title 27 / Article 10.5 / Part 2 / Section 27-10.5-206
27-10.5-206. State council employees
Status: in_force

27-10.5-206. State council employees. Subject to available appropriations, the executive director of the department of human services may employ such personnel as are required by the state council, pursuant to the provisions of section 13 of article XII of the state constitution. The executive director of the department of human services will appoint the staff director to the state council, accepting the recommendations of the council.
C.R.S. § 27-10.5-901 — CO Code / Title 27 / Article 10.5 / Part 9 / Section 27-10.5-901
27-10.5-901. Legislative declaration
Status: in_force

27-10.5-901. Legislative declaration. (1) The general assembly hereby finds that:

(a) Persons with developmental disabilities represent a population that has long been underutilized and often denied employment opportunities within state government, partially due to hiring personnel's perceptions and understanding of the operation and requirements of the state personnel system;

(b) Some state agencies are unaware of the avenues that are available within the state personnel system by which state agencies can hire and provide training and support for persons with developmental disabilities; and

(c) Many persons with developmental disabilities, when provided appropriate training and support, can develop sufficient skills and competencies to more than adequately fulfill job expectations in employment positions in state government.

(2) Therefore, it is the intent of the general assembly to create the state employment program for persons with developmental disabilities to encourage and provide incentives for state agencies to give meaningful employment opportunities to persons with developmental disabilities and to improve the state's practices in employing, supervising, and supporting persons with developmental disabilities.
C.R.S. § 27-50-703 — CO Code / Title 27 / Article 50 / Part 7 / Section 27-50-703
27-50-703. Advisory council - regional subcommittees - subcommittees - working groups
Status: in_force

27-50-703. Advisory council - regional subcommittees - subcommittees - working groups. (1) The BHA shall create a regional subcommittee structure as part of the behavioral health administrative service organizations to promote local community input pertaining to behavioral health service needs. In establishing a regional subcommittee structure, the BHA shall, to the best of the BHA's ability, align geographically with judicial districts whenever feasible, taking into consideration community feedback on where and how individuals receive services in their communities. Regional subcommittee members are appointed for three-year terms; except that initial terms may be for two years. The subcommittee consists of nine members. Membership of the regional subcommittees must include:

(a) One individual with expertise in the behavioral health needs of children and youth appointed by a local or regional public health or human service agency within the subcommittee's region;

(b) One individual who represents a behavioral health safety net provider that operates within the region appointed by a local or regional public health or human service agency within the subcommittee's region;

(c) A county commissioner of a county situated within the region appointed by the BHA;

(d) One individual with a connection to a kindergarten through twelfth grade school district within the subcommittee's region appointed by a local or regional public health or human service agency within the subcommittee's region;

(e) One individual with the criminal justice system within the subcommittee's region appointed by a local or regional public health or human service agency within the subcommittee's region;

(f) One individual with lived experience or a community member who is not also a behavioral health provider appointed by a local or regional public health or human service agency within the subcommittee's region;

(g) One individual with lived experience appointed by the BHA; and

(h) Two individuals with lived experience not associated with a behavioral health treatment provider appointed by the behavioral health administrative service organization created pursuant to part 4 of this article 50 who represent the subcommittee's region.

(1.3) The regional subcommittee is created to directly inform the behavioral health administrative service organization in the region in order to improve services, accountability, and transparency in the region. The behavioral health administrative service organization shall staff all subcommittee meetings, which shall meet a minimum of six times a year and allow for public comment during each meeting. The behavioral health administrative service organization shall engage with the regional subcommittee, at a minimum, on the following areas:

(a) When determining what services are needed to establish a full continuum of care in the region;

(b) When addressing barriers to individuals accessing quality and timely care in the region; and

(c) Needed specialty services for priority populations.

(1.5) The behavioral health administration advisory council, created pursuant to section 27-50-701, shall establish a process to receive direct feedback from the regional subcommittee throughout the year to consider including in the behavioral health administration advisory council's annual report required pursuant to section 27-50-701 (2)(d).

(2) The BHA may create committees within the advisory council to meet other state and federal board or advisory council requirements, which may include:

(a) The behavioral health planning and advisory council, authorized pursuant to 42 U.S.C. sec. 300x-3;

(b) The mental health advisory board for service standards and rules created pursuant to section 27-65-130; and

(c) The child and youth mental health services standards advisory board created pursuant to section 27-67-109.

(3) Unless committee membership is established pursuant to state or federal law, the regional subcommittee and committee membership shall maintain a majority of members who represent individuals with lived behavioral health experience or families of individuals with lived behavioral health experience.

(4) The advisory council has the authority to create advisory council workgroups focused on topics of need as determined by the advisory council in collaboration with the BHA.
C.R.S. § 27-50-804 — CO Code / Title 27 / Article 50 / Part 8 / Section 27-50-804
27-50-804. School-based mental health support program - creation - appropriation - definiti
Status: repealed

27-50-804. School-based mental health support program - creation - appropriation - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Cognitive behavioral skill-building" means a theoretical framework underlying a set of skills that may be taught to help an individual improve emotional difficulties ranging from mild worry or disappointment to severe depression, anxiety, or other mental illnesses.

(b) "Evidence-based" means practices, interventions, or programs that are supported by extensive empirical data, including randomized controlled trials, supporting their efficacy for their intended purpose.

(c) "High-quality training" means in-person or virtual training that includes content on theory, rationale, and concrete skills; leverages demonstrations and skills practice with feedback; is grounded in the field of implementation science; and takes into account the clinical and environmental barriers to implementation.

(d) "Implementation and sustainment support" means providing in-person or virtual coaching to assist public schools in planning, executing, reflecting, and building systems to embed program practices in school operations, preferably in partnership with community-based or hospital-based licensed mental health providers.

(e) "Mindfulness" means a framework and set of practices for helping an individual improve awareness of the individual's own thoughts, emotions, physical feelings, and behaviors to increase the individual's resiliency in response to common life events.

(f) "Multi-tiered systems of support" means a framework for enhancing the implementation of evidence-based practices to achieve positive outcomes for every student by organizing the efforts of educators within systems to be more effective.

(g) "Program" means the school-based mental health support program created in subsection (2) of this section.

(2) There is created in the behavioral health administration the school-based mental health support program to provide high-quality training, resources, and implementation and sustainment support for the existing public school educator workforce to provide evidence-based mental health services for students through a contract with an external provider. The program shall emphasize supporting schools in rural areas and schools with students who do not have equitable access to mental health care.

(3) (a) No later than January 1, 2025, the BHA shall contract with an external provider to begin implementing the program no later than the start of the 2025-26 school year.

(b) In contracting with an external provider, the BHA shall:

(I) Establish a timeline that the external provider shall follow in implementing the program;

(II) Establish a plan to evaluate the efficacy of the program across school types and student populations;

(III) Determine, in consultation with the external provider, periodic dates on which to provide funding to the external provider in order for the external provider to make necessary purchases and investments to implement the program; and

(IV) Collaborate with the external provider to determine the cost of implementing the program in at least four hundred public schools by the start of the 2027-28 school year.

(4) (a) An interested external provider must apply for the contract in the manner prescribed by the BHA.

(b) The BHA shall select an external provider that:

(I) Does not have licensing agreements that prohibit the use of curricula or resources that a school district already uses or intends to use in the future; and

(II) Has been subject to external, third-party evaluations that indicate its efficacy among several different school types and with several different student subpopulations.

(c) When selecting an external provider, the BHA shall consider whether an applicant is able to:

(I) Provide high-quality training, resources, and implementation and sustainment support across all three tiers of the multi-tiered systems of support, which include:

(A) Classroom-based mental wellness and resiliency skills for students;

(B) Cognitive behavioral skill-building and mindfulness skill-building for anxiety or depression for youth who demonstrate an additional need for mental health support; and

(C) Resources and training to manage suicide risk and coordinate care among families, schools, and external providers for youth who are at risk of suicide; and

(II) In consideration of local control, flexibly partner with school districts to enable school districts to decide which tiers from among the mental health multi-tiered systems of support to implement; and

(III) Use evidence-based mental health practices that have been subject to external evaluation, randomized controlled trials, and peer review.

(5) In selecting the external provider, the BHA shall prioritize applicants that:

(a) Are not-for-profit entities;

(b) Incur one-time costs and do not require recurring or additional expenses paid for by the BHA beyond the first year of implementation;

(c) Have a demonstrated history of partnerships, and a clear strategy for building future partnerships, with community or hospital-based providers to assist public schools in implementing mental health supports for students; and

(d) Have a demonstrated history of funding internal and external evaluations of the efficacy of the external provider's program in partnership with institutions of higher education or organizations that have similar skills in conducting randomized controlled trials and other quantitative and qualitative evaluation techniques.

(6) (a) For the 2024-25 state fiscal year, the general assembly shall appropriate two million five hundred thousand dollars from the general fund to the department of human services for use by the BHA to administer the program.

(b) The BHA may use up to one hundred thousand dollars of the total appropriation to administer the application and selection process described in subsections (4) and (5) of this section.

(7) This section is repealed, effective July 1, 2028.
C.R.S. § 27-90-100.3 — CO Code / Title 27 / Article 90 / Section 27-90-100.3
27-90-100.3. Definitions
Status: in_force

27-90-100.3. Definitions. As used in this article, unless the context otherwise requires:

(1) "Department" means the department of human services created in section 26-1-105, C.R.S.

(2) "Executive director" means the executive director of the department of human services.
C.R.S. § 27-64.5-102 — CO Code / Title 27 / Article 64.5 / Section 27-64.5-102
27-64.5-102. System of care for children and youth - report - rules
Status: in_force

27-64.5-102. System of care for children and youth - report - rules. (1) No later than July 1, 2024, the behavioral health administration, in collaboration with the state department and the department of health care policy and financing pursuant to part 20 of article 6 of title 25.5, shall begin developing a system of care for children and youth who have complex behavioral health needs. At a minimum, the system of care must include:

(a) Implementation of a standardized assessment tool that:

(I) Expands upon and modifies the assessment tool described in section 19-1-115 (4)(e)(I);

(II) Makes recommendations regarding the appropriate level of care necessary to meet the child's or youth's treatment needs;

(III) Informs the child's or youth's treatment planning, including behavioral health programming and medical needs; and

(IV) Is administered to children and youth who are enrolled in the state medical assistance program or any child or youth who meets the referral requirements established by the behavioral health administration, the state department, and the department of health care policy and financing, which requirements must not exclude a child or youth based on the child's or youth's disability or diagnosis;

(b) Intensive-care coordination for children and youth enrolled in the state medical assistance program pursuant to articles 4, 5, and 6 of title 25.5;

(c) Expanded supportive services for children and youth pursuant to subsection (2) of this section; and

(d) Expanded access to treatment foster care, as defined in section 26-6-903.

(2) No later than October 1, 2024, the BHA shall promulgate rules in collaboration with the state department and the department of health care policy and financing for the administration and implementation of the system of care for children and youth. At a minimum, the rules must address:

(a) The populations eligible for the system of care components;

(b) Mechanisms for determining eligibility for participating in the system of care; and

(c) Requirements for residential treatment providers to obtain cultural competency related to the provision of services under a system of care.

(3) Notwithstanding section 24-1-136 (11)(a)(I), beginning January 2025, and each January thereafter, the state department shall report progress on the development and implementation of the system of care developed pursuant to this section to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees, during the hearings held pursuant to the "SMART Act", part 2 of article 7 of title 2.
C.R.S. § 27-10.5-131 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-131
27-10.5-131. Confidentiality of sterilization proceedings - repeal
Status: repealed

27-10.5-131. Confidentiality of sterilization proceedings - repeal. (Repealed)
C.R.S. § 27-10.5-305 — CO Code / Title 27 / Article 10.5 / Part 3 / Section 27-10.5-305
27-10.5-305. Endowment fund
Status: in_force

27-10.5-305. Endowment fund. There is hereby authorized the regional center endowment fund. Any parent, person, corporation, or institution may contribute to said endowment fund. The bylaws to be provided by the department of human services shall prescribe the different endowments; but the investments from said endowment fund shall be in state, county, or city bonds or in first mortgages on improved realty for not more than forty percent of the actual value of such realty.
C.R.S. § 27-60-106.5 — CO Code / Title 27 / Article 60 / Part 1 / Section 27-60-106.5
27-60-106.5. Criminal justice diversion programs - report - rules
Status: in_force

27-60-106.5. Criminal justice diversion programs - report - rules. (1) (a) The BHA may contract with cities and counties for the creation, maintenance, or expansion of criminal justice diversion programs. The goal of each program created pursuant to this section should be to connect first responders with behavioral health providers to assist individuals in need of behavioral health intervention or to divert individuals from the criminal justice system.

(b) The BHA may require criminal justice diversion programs contracted pursuant to subsection (1)(a) of this section to participate as a mobile crisis service in the behavioral health crisis response system, created pursuant to section 27-60-103.

(2) On or before November 1, 2021, and on or before each November 1 thereafter, the BHA shall include an update regarding the current status of funding and the criminal justice diversion programs implemented pursuant to this section in its report to the judiciary committees of the senate and the house of representatives, the health and human services committee of the senate, the public and behavioral health and human services committee of the house of representatives, or any successor committees, as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203.

(3) The state board of human services, created in section 26-1-107, may promulgate rules to implement the provisions of this section.
C.R.S. § 27-64-102 — CO Code / Title 27 / Article 64 / Section 27-64-102
27-64-102. Definitions
Status: in_force

27-64-102. Definitions. As used in this article 64, unless the context otherwise requires:

(1) "988 crisis hotline" means a state-identified hotline participating in the national suicide prevention lifeline network to respond to statewide or regional behavioral health crisis calls.

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

(2) "Charge" means the 988 surcharge imposed by the enterprise pursuant to section 27-64-103 (4)(a) and the prepaid wireless 988 charge imposed by the enterprise pursuant to section 27-64-103 (4)(b).

(3) "Enterprise" means the 988 crisis hotline enterprise created in section 27-64-103.

(4) "National suicide prevention lifeline" means a national network of local crisis centers maintained by the federal substance abuse and mental health services administration that provides free and confidential emotional support to people in suicidal crisis or emotional distress twenty-four hours a day, seven days a week.

(5) "Veterans crisis line" means the veterans crisis line maintained by the United States department of veterans affairs.
C.R.S. § 27-10.5-143 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-143
27-10.5-143. Caregiver abuse - task force - repeal
Status: repealed

27-10.5-143. Caregiver abuse - task force - repeal. (Repealed)
C.R.S. § 27-80-106 — CO Code / Title 27 / Article 80 / Part 1 / Section 27-80-106
27-80-106. Purchase of prevention and treatment services
Status: repealed

27-80-106. Purchase of prevention and treatment services. (1) Using money appropriated for purposes of this section or available from any other governmental or private source, the BHA may purchase services for prevention or for the treatment of alcohol and drug abuse or substance use disorders or both types of services on a contract basis from any tribal nation or any public or private agency, organization, or institution approved by the BHA. The services purchased may be any of those provided through a public program, as set forth in section 27-80-103 (2). In contracting for services, the BHA shall attempt to obtain services that are in addition to, and not a duplication of, existing available services or services that are of a pilot or demonstration nature. An agency operating a public program may also purchase services on a contract basis.

(2) (a) In addition to the services purchased pursuant to subsection (1) of this section, using money appropriated for purposes of this section or available from any other governmental or private source, the BHA may purchase services for the treatment of alcohol and drug abuse or substance use disorders on a contract basis from a behavioral health administrative services organization for a designated service area as set forth in section 27-80-107. A public or private agency, organization, or institution approved by the BHA through the process set forth in section 27-80-107 may be designated as a behavioral health administrative services organization.

(b) Behavioral health administrative services organizations receiving money pursuant to this subsection (2) shall comply with all relevant provisions of and rules promulgated pursuant to this article 80.

(3) Repealed.

(4) As of July 1, 2022, the department of public health and environment is the state department responsible for the administration of prevention services pursuant to this section.
C.R.S. § 27-66-109 — CO Code / Title 27 / Article 66 / Section 27-66-109
27-66-109. Family mental health services grant program - rural areas - creation - administr
Status: repealed

27-66-109. Family mental health services grant program - rural areas - creation - administration - report - repeal. (Repealed)
C.R.S. § 27-80-103 — CO Code / Title 27 / Article 80 / Part 1 / Section 27-80-103
27-80-103. Grants for public programs
Status: in_force

27-80-103. Grants for public programs. (1) The BHA may make grants, from money appropriated by the general assembly for purposes of this section or available from any other governmental or private source, to approved public programs.

(2) A public program may provide, but need not be limited to, any of the following:

(a) Acute medical services, including emergency services and detoxification;

(b) Case finding, diagnosis, treatment, counseling, individual or group psychotherapy, after-care treatment, and other rehabilitation services;

(c) Education and counseling regarding the use and abuse of alcohol and drugs;

(d) Programs for prevention of alcohol and drug abuse administered by the department of public health and environment;

(e) Training of teachers, health professionals, and others in the field of alcohol and drug abuse and addiction counseling;

(f) Coordination of existing services and the development of other needed services through demonstration and evaluation projects; or

(g) Services to pregnant women who are alcohol and drug dependent through demonstration and evaluation projects.

(3) In approving any public program, the BHA shall take into consideration the following:

(a) The community need for the public program;

(b) The range of services to be provided;

(c) The integration of the public program with, and the participation of, other public and nongovernmental agencies, organizations, institutions, and individuals, and their services and facilities, if any, that are available to assist the public program;

(d) The adequacy of the public program to accomplish its purposes; and

(e) Any other information the BHA deems necessary.

(4) Applications for grants made pursuant to subsection (1) of this section are made to the BHA, on forms furnished by the BHA, and must contain any information the BHA requires. Wherever possible, the BHA shall give priority to public programs that are community-based and include services to children and juveniles as well as adults, that provide a comprehensive range of services, and that evidence a high degree of community support, either financial or in the furnishing of services and facilities, or both.

(5) Whenever the BHA or any department or agency of the state has money available from any source for public programs, the BHA, department, or agency is authorized to distribute the money in accordance with the state plan and to make reasonable rules for the administration of the public programs.
C.R.S. § 27-71-103 — CO Code / Title 27 / Article 71 / Section 27-71-103
27-71-103. Mental health residential facilities - additional beds
Status: in_force

27-71-103. Mental health residential facilities - additional beds. (1) (a) On or before July 1, 2024, the department and the department of health care policy and financing shall jointly create, develop, or contract, which may include the cost of renovation at private facilities, for at least an additional one hundred and twenty-five beds at mental health residential facilities throughout the state based on the greatest areas of need. The beds in the mental health facilities are available for adult individuals in need of ongoing supportive services, but individuals with a severe mental illness or a dual diagnosis of mental illness and alcohol or substance use disorder must be prioritized. When available, the department shall use existing department properties for the mental health facilities.

(b) At a minimum, the department shall ensure that the mental health residential facilities offer the following services:

(I) Assistance with medication;

(II) Direct support personnel including assistance with activities of daily living;

(III) Intensive case management services;

(IV) Life skills training; and

(V) Non-medical transportation.

(c) The department and the department of health care policy and financing shall work collaboratively to ensure the beds in the mental health facilities are eligible for federal funding through the medical assistance program.

(2) (a) The beds at the mental health facilities created pursuant to this section are intended primarily for adult individuals with serious mental illness or a co-occurring mental health and substance use disorder in need of services. A mental health facility may also provide services to an individual in need of competency restoration pursuant to article 8.5 of title 16 who does not require imprisonment in a jail.

(b) The department, in collaboration with the behavioral health administration and the department of health care policy and financing, shall prioritize placement for individuals in the civil system who are leaving the mental health institutes at Pueblo and Fort Logan, civil individuals being discharged from inpatient settings, individuals receiving involuntary mental health treatment pursuant to article 65 of this title 27, and civil individuals in need of residential services who are in a mental health crisis facility, acute care hospital, or in the community.

(c) The state department, in collaboration with the behavioral health administration and the department of health care policy and financing, shall establish criteria for admissions and discharge planning, quality assurance monitoring, appropriate length of stay, and compliance with applicable federal law. For the mental health residential facilities created pursuant to this section, admission criteria for facilities must include:

(I) Prioritization of people with serious mental illness who have complex or co-occurring conditions as defined by the state department; and

(II) For treatment beds that do not serve individuals covered under a home- and community-based waiver, offering priority placement to individuals under a certification for short-term or extended short-term treatment pursuant to section 27-65-107 or 27-65-108 and long-term care and treatment pursuant to section 27-65-109 on an outpatient basis.

(d) The state department shall collaborate with relevant stakeholders when establishing the criteria described in subsection (2)(c) of this section.

(3) The department shall distribute the money for the creation of additional beds pursuant to this section no later than December 30, 2024. Any person receiving money pursuant to this section shall spend or obligate all money received in accordance with section 24-75-226 (4)(d).
C.R.S. § 27-65-104 — CO Code / Title 27 / Article 65 / Section 27-65-104
27-65-104. Voluntary applications for mental health services - treatment of minors - defini
Status: in_force

27-65-104. Voluntary applications for mental health services - treatment of minors - definition. (1) Notwithstanding any other provision of law, a minor who is fifteen years of age or older, whether with or without the consent of a parent or legal guardian, may consent to receive mental health services to be rendered by a facility, a professional person, or mental health professional licensed pursuant to part 3, 4, 5, 6, or 8 of article 245 of title 12 in any practice setting. Such consent is not subject to disaffirmance because of minority. The professional person or licensed mental health professional rendering mental health services to a minor may, with or without the consent of the minor, advise the minor's parent or legal guardian of the services given or needed.

(2) A minor who is fifteen years of age or older or a minor's parent or legal guardian, on the minor's behalf, may make a voluntary application for hospitalization. An application for hospitalization on behalf of a minor who is under fifteen years of age and who is a ward of the department must not be made unless a guardian ad litem has been appointed for the minor or a petition for the same has been filed with the court by the agency having custody of the minor; except that such an application for hospitalization may be made under emergency circumstances requiring immediate hospitalization, in which case the agency shall file a petition for appointment of a guardian ad litem within seventy-two hours after application for admission is made, and the court shall immediately appoint a guardian ad litem. Procedures for hospitalization of a minor may proceed pursuant to this section once a petition for appointment of a guardian ad litem has been filed, if necessary. Whenever an application for hospitalization is made, an independent professional person shall interview the minor and conduct a careful investigation into the minor's background, using all available sources, including, but not limited to, the minor's parents or legal guardian, the minor's school, and any other social service agencies. Prior to admitting a minor for hospitalization, the independent professional person shall make the following findings:

(a) That the minor has a mental health disorder and is in need of hospitalization;

(b) That a less restrictive treatment alternative is inappropriate or unavailable; and

(c) That hospitalization is likely to be beneficial.

(3) An interview and investigation by an independent professional person is not required for a minor who is fifteen years of age or older and who, upon the recommendation of the minor's treating professional person, seeks voluntary hospitalization with the consent of the minor's parent or legal guardian. In order to assure that the minor's consent to such hospitalization is voluntary, the minor shall be advised, at or before the time of admission, of the minor's right to refuse to sign the admission consent form and the minor's right to revoke the minor's consent at a later date. If a minor admitted pursuant to this subsection (3) subsequently revokes the minor's consent after admission, a review of the minor's need for hospitalization pursuant to subsection (4) of this section must be initiated immediately.

(4) (a) The need for continuing hospitalization of all voluntary minor patients must be formally reviewed at least every two months. Review pursuant to this subsection (4) must fulfill the requirement specified in section 19-1-115 (8) when the minor is fifteen years of age or older and consenting to hospitalization.

(b) The review must be conducted by an independent professional person who is not a member of the minor's treating team; or, if the minor, the minor's physician, and the minor's parent or legal guardian do not object to the need for continued hospitalization, the review required pursuant to this subsection (4) may be conducted internally by the hospital staff.

(c) The independent professional person shall determine whether the minor continues to meet the criteria specified in subsection (2) of this section and whether continued hospitalization is appropriate and shall, at a minimum, conduct an investigation pursuant to subsection (2) of this section.

(d) Ten days prior to the review, the patient representative at the mental health facility shall notify the minor of the date of the review and shall assist the minor in articulating to the independent professional person the minor's wishes concerning continued hospitalization.

(e) Nothing in this section limits a minor's right to seek release from the facility pursuant to any other provision of law.

(5) Every six months the review required pursuant to subsection (4) of this section shall be conducted by an independent professional person who is not a member of the minor's treating team and who has not previously reviewed the minor pursuant to subsection (4) of this section.

(6) (a) When a minor does not consent to or objects to continued hospitalization, the need for such continued hospitalization must, within ten days, be reviewed pursuant to subsection (4) of this section by an independent professional person who is not a member of the minor's treating team and who has not previously reviewed the minor pursuant to this subsection (6). The minor shall be informed of the results of the review within three days after the review's completion. If the conclusion reached by the professional person is that the minor no longer meets the standards for hospitalization specified in subsection (2) of this section, the minor must be discharged.

(b) If, twenty-four hours after being informed of the results of the review specified in subsection (6)(a) of this section, a minor continues to affirm the objection to hospitalization, the director of the facility or the director's duly appointed representative shall advise the minor that the minor has the right to retain and consult with an attorney at any time and that the director or the director's duly appointed representative shall file, within three days after the request of the minor, a statement requesting an attorney for the minor or, if the minor is under fifteen years of age, a guardian ad litem. The minor; the minor's attorney, if any; and the minor's parent, legal guardian, or guardian ad litem, if any, shall be given written notice that a hearing upon the recommendation for continued hospitalization may be had before the court or a jury upon written request directed to the court pursuant to subsection (6)(d) of this section.

(c) Whenever the statement requesting an attorney is filed with the court, the court shall ascertain whether the minor has retained counsel, and, if the minor has not, the court shall, within three days, appoint an attorney to represent the minor, or if the minor is under fifteen years of age, a guardian ad litem. Upon receipt of a petition filed by the guardian ad litem, the court shall appoint an attorney to represent the minor under fifteen years of age.

(d) (I) The minor or the minor's attorney or guardian ad litem may, at any time after the minor has continued to affirm the minor's objection to hospitalization pursuant to subsection (6)(b) of this section, file a written request that the recommendation for continued hospitalization 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 of the time and place of the hearing to the minor; the minor's attorney, if any; the minor's parents or legal guardian; the minor's guardian ad litem, if any; the independent professional person; and the minor's treating team. The hearing must be held in accordance with section 27-65-113; except that the court or jury shall determine that the minor is in need of care and treatment if the court or jury makes the following findings:

(A) That the minor has a mental health disorder and is in need of hospitalization;

(B) That a less restrictive treatment alternative is inappropriate or unavailable; and

(C) That hospitalization is likely to be beneficial.

(II) At the conclusion of the hearing, the court may enter an order confirming the recommendation for continued hospitalization, discharge the minor, or enter any other appropriate order.

(e) For purposes of this subsection (6), "objects to hospitalization" means that a minor, with the necessary assistance of hospital staff, has written the minor's objections to continued hospitalization and has been given an opportunity to affirm or disaffirm such objections forty-eight hours after the objections are first written.

(f) A minor may not again object to hospitalization pursuant to this subsection (6) until ninety days after conclusion of proceedings pursuant to this subsection (6).

(g) In addition to the rights specified in section 27-65-119 for persons receiving evaluation, care, or treatment, a written notice specifying the rights of minor children under this section must be given to each minor upon admission to hospitalization.

(7) A minor who no longer meets the standards for hospitalization specified in subsection (2) of this section must be discharged.
C.R.S. § 27-65-127 — CO Code / Title 27 / Article 65 / Section 27-65-127
27-65-127. Imposition of legal disability - deprivation of legal right - restoration - repe
Status: repealed

27-65-127. Imposition of legal disability - deprivation of legal right - restoration - repeal. (1) (a) When an interested person wishes to obtain a determination as to the imposition of a legal disability or the deprivation of a legal right for a person who has a mental health disorder and who is a danger to the person's self or others, is gravely disabled, or is insane, as defined in section 16-8-101, and who is not then subject to proceedings pursuant to this article 65 or part 3 or part 4 of article 14 of title 15, the interested person may petition the court for a specific finding as to the legal disability or deprivation of a legal right. Actions commenced pursuant to this subsection (1) may include but are not limited to actions to determine contractual rights and rights with regard to the operation of motor vehicles.

(b) The petition must set forth the disability to be imposed or the legal right to be deprived and the reasons.

(2) The court may impose a legal disability or may deprive a respondent of a legal right only upon finding both of the following:

(a) That the respondent is a person with a mental health disorder and is a danger to the respondent's self or others, is gravely disabled, or insane, as defined in section 16-8-101; and

(b) That the requested disability or deprivation is both necessary and desirable.

(3) (a) Beginning January 1, 2023, the BHA shall provide periodic updates to the advisory board related to the implementation of House Bill 22-1256, including updates regarding whether the BHA will have the capability and capacity to assist emergency medical services facilities that treat a person under an emergency mental health hold find appropriate placement, when indicated, for the person at an inpatient or outpatient mental health facility or facility designated by the commissioner.

(b) This subsection (3) is repealed, effective July 1, 2025.

(4) To have a legal disability removed or a legal right restored, any interested person may file a petition with the court that made the original finding. No legal disability may be imposed nor a legal right be deprived for a period of more than six months without a review hearing by the court at the end of six months, at which time the findings specified in subsection (2) of this section must be reaffirmed to justify continuance of the disability or deprivation. A copy of the petition must be served on the person who filed the original petition, on the person whose rights are affected if the person is not the petitioner, and upon the facility where the person whose rights are affected resides, if any.

(5) Whenever any proceedings are instituted or conducted pursuant to this section, the following procedures apply:

(a) Upon the filing of a petition, the court shall appoint an attorney to represent the respondent. The respondent may replace the attorney with an attorney of the respondent's own choosing at any time. Attorney fees for an indigent respondent are paid by the court.

(b) The court, upon request of an indigent respondent or the respondent's attorney, shall appoint, at the court's expense, one or more professional persons of the respondent's choosing to assist the respondent in the preparation of the respondent's case.

(c) Upon demand made at least five days prior to the date of hearing, the respondent has the right to a trial of all issues by a jury of six.

(d) At all times the burden is upon the person seeking imposition of a disability or deprivation of a legal right or opposing removal of a disability or deprivation to prove all essential elements by clear and convincing evidence.

(e) Pending a hearing, the court may issue an order temporarily imposing a disability or depriving the respondent of a legal right for a period of not more than ten days in conformity with the standards for issuance of ex parte temporary restraining orders in civil cases, but no individual habilitation or rehabilitation plan is required prior to the issuance of the order.

(f) Except as otherwise provided in this subsection (5), all proceedings must be held in conformance with the Colorado rules of civil procedure, but no costs may be assessed against the respondent.
C.R.S. § 27-63-101 — CO Code / Title 27 / Article 63 / Section 27-63-101
27-63-101. Definitions
Status: repealed

27-63-101. Definitions. As used in the article 63, unless the context otherwise requires:

(1) "Behavioral health" refers to an individual's mental and emotional well-being development and actions that affect an individual's overall wellness. Behavioral health problems and disorders include substance use disorders, serious psychological distress, suicidal ideation, and other mental health disorders. Problems ranging from unhealthy stress or subclinical conditions to diagnosable and treatable diseases are included in the term "behavioral health". An intellectual or developmental disability is insufficient to either justify or exclude a finding of a behavioral health disorder.

(2) Repealed.

(3) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102.
C.R.S. § 27-80-125 — CO Code / Title 27 / Article 80 / Part 1 / Section 27-80-125
27-80-125. Housing assistance for individuals with a substance use disorder - report - rule
Status: in_force

27-80-125. Housing assistance for individuals with a substance use disorder - report - rules - appropriation. (1) The BHA shall establish a program to provide temporary financial housing assistance to individuals with a substance use disorder who have no supportive housing options when the individual is:

(a) Transitioning out of a residential treatment setting and into recovery; or

(b) Receiving treatment for the individual's substance use disorder.

(2) The BHA may promulgate rules establishing the maximum amount of temporary financial assistance that an individual can receive and the maximum amount of time for which an individual may receive assistance. Rules promulgated pursuant to this subsection (2) related to the time for which an individual may receive assistance must be clinically based, culturally responsive, and trauma-informed.

(3) In awarding temporary financial housing assistance in accordance with this section, the BHA shall consider funding for individuals entering into a recovery residence, as defined in section 27-80-129.

(4) Notwithstanding section 24-1-136 (11)(a)(I), by February 1, 2022, and by February 1 each year thereafter, the BHA shall submit a report detailing the amount of housing assistance provided in the prior year, the number of individuals and the entities that received the housing assistance, and the duration of housing assistance each individual or entity received to the health and human services committee of the senate, the health and insurance and the public and behavioral health and human services committees of the house of representatives, and the opioid and other substance use disorders study committee created in section 10-22.3-101, or any successor committees.

(5) For the 2021-22 state fiscal year and each state fiscal year thereafter, the general assembly shall appropriate four million dollars to the BHA for the purpose of the housing program described in this section.
C.R.S. § 27-50-509 — CO Code / Title 27 / Article 50 / Part 5 / Section 27-50-509
27-50-509. Purchase of services by courts, counties, municipalities, school districts, and
Status: in_force

27-50-509. Purchase of services by courts, counties, municipalities, school districts, and other political subdivisions. Any county, city and county, municipality, school district, health service district, or other political subdivision of the state or any county, city and county, district, or juvenile court may enter into intergovernmental agreements with any county, municipality, school district, health service district, or other political subdivision of the state or may enter into contractual agreements with any provider licensed by the BHA for the purchase of behavioral health services. For the purchase of behavioral health services by counties or cities and counties as authorized by this section, the board of county commissioners of any county or the city council of any city and county may levy a tax not to exceed two mills upon real property within the county or city and county if the board first submits the question of the levy to a vote of the qualified electors at a general election and receives the electors' approval of the levy.
C.R.S. § 27-10.5-130 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-130
27-10.5-130. Court-ordered sterilization - repeal
Status: repealed

27-10.5-130. Court-ordered sterilization - repeal. (Repealed)
C.R.S. § 27-10.5-133 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-133
27-10.5-133. Group homes for the developmentally disabled
Status: repealed

27-10.5-133. Group homes for the developmentally disabled. (Repealed)
C.R.S. § 27-93-102 — CO Code / Title 27 / Article 93 / Section 27-93-102
27-93-102. Capacity to take property
Status: in_force

27-93-102. Capacity to take property. The Colorado mental health institute at Pueblo is authorized to receive gifts, legacies, devises, and conveyances of property, real or personal, that may be made, given, or granted to or for the Colorado mental health institute at Pueblo. The chief officer of the institute, with the approval of the governor, shall make disposition of such gifts or property as may be for the best interest of said Colorado mental health institute at Pueblo.
C.R.S. § 27-80-209 — CO Code / Title 27 / Article 80 / Part 2 / Section 27-80-209
27-80-209. Exemptions
Status: in_force

27-80-209. Exemptions. (1) The provisions of section 18-18-414, C.R.S., do not apply to:

(a) Agents of persons licensed under this part 2 or under part 3 of article 18 of title 18, C.R.S., acting within the provisions of their licenses; or

(b) Officers or employees of appropriate agencies of federal, state, or local governments acting pursuant to their official duties.

(2) All combination drugs that are exempted by regulation of the attorney general of the United States department of justice, pursuant to section 1006 (b) of Public Law 91-513 (84 Stat. 1236), known as the "Comprehensive Drug Abuse Prevention and Control Act of 1970", on or after July 1, 1981, are exempt from this part 2 and part 3 of article 18 of title 18, C.R.S.

(3) This part 2 does not apply to peyote if it is used in religious ceremonies of any bona fide religious organization.

(4) Section 27-80-210 does not apply to a practitioner authorized to prescribe any controlled substance that is listed in schedules III, IV, or V of part 2 of article 18 of title 18, C.R.S., and that is manufactured, received, or dispensed by the practitioner in the course of his or her professional practice, unless:

(a) The practitioner dispenses, other than by direct administration, a schedule III, IV, or V controlled substance to his or her patients, and the practitioner charges the patients either separately or together with charges for other professional services; or

(b) The practitioner regularly engages in dispensing a schedule III, IV, or V controlled substance to his or her patients.

(5) The exemptions set forth in this section are available as a defense to any person accused of violating section 18-18-414, C.R.S.

(6) The state is not required to negate any exemption or exception in this part 2 or in part 3 or 4 of article 18 of title 18, C.R.S., in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this part 2 or under part 4 of article 18 of title 18, C.R.S. The burden of proving an exemption or exception is upon the person claiming the exemption or exception.
C.R.S. § 27-10.5-801 — CO Code / Title 27 / Article 10.5 / Part 8 / Section 27-10.5-801
27-10.5-801. Pilot program - creation - goals - implementation - reporting - repeal
Status: repealed

27-10.5-801. Pilot program - creation - goals - implementation - reporting - repeal. (Repealed)
C.R.S. § 27-10.5-310 — CO Code / Title 27 / Article 10.5 / Part 3 / Section 27-10.5-310
27-10.5-310. Regional centers task force - creation - members - recommendations - utilization
Status: repealed

27-10.5-310. Regional centers task force - creation - members - recommendations - utilization study - reporting - repeal. (Repealed)
C.R.S. § 27-10.5-128 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-128
27-10.5-128. Sterilization rights - repeal
Status: repealed

27-10.5-128. Sterilization rights - repeal. (Repealed)
C.R.S. § 27-81-113 — CO Code / Title 27 / Article 81 / Section 27-81-113
27-81-113. Records of persons with substance use disorders, persons intoxicated by alcohol,
Status: in_force

27-81-113. Records of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of substances. (1) The registration and other records of treatment facilities are confidential and fully protected as outlined in federal confidentiality regulations for substance use disorder records found at 42 CFR part 2, as amended, and are privileged to the patient.

(2) Notwithstanding subsection (1) of this section, the commissioner may make available information from patients' records for purposes of research into the causes and treatment of substance use disorders. Information made available pursuant to this subsection (2) must not be published in a way that discloses patients' names or other identifying information.

(3) Nothing in this section prohibits or limits the sharing of information by a state institution of higher education police department to authorized university administrators pursuant to section 23-5-141.
C.R.S. § 27-94-102 — CO Code / Title 27 / Article 94 / Section 27-94-102
27-94-102. Establishment of mental health center
Status: in_force

27-94-102. Establishment of mental health center. (1) There is hereby established at the site of Fort Logan, Denver county, Colorado, a mental health center to be known as the Colorado mental health institute at Fort Logan, referred to in this article as the "center". The center shall be under the general supervision and control of the department of human services.

(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.
C.R.S. § 27-50-201 — CO Code / Title 27 / Article 50 / Part 2 / Section 27-50-201
27-50-201. Behavioral health system monitoring - capacity - safety net performance
Status: in_force

27-50-201. Behavioral health system monitoring - capacity - safety net performance. (1) On or before July 1, 2024, the BHA shall establish a performance monitoring system to track capacity and performance of all behavioral health providers, including those that contract with managed care entities or behavioral health administrative services organizations, and inform needed changes to the public and private behavioral health system in the state.

(2) The BHA shall set minimum performance standards for treatment of children, youth, and adults that address key metrics for behavioral health providers and behavioral health administrative services organizations licensed by the BHA pursuant to part 5 of this article 50, including but not limited to:

(a) Accessibility of care, including:

(I) Availability of services;

(II) Timeliness of service delivery; and

(III) Capacity tracking consistent with section 27-60-104.5; and

(b) Quality of care, including appropriate triage and access based on client need and for priority populations.

(3) In setting minimum performance standards, the BHA shall collaborate with state agencies to consider:

(a) Evidence-based and promising practices;

(b) Themes identified through grievances pursuant to section 27-50-108;

(c) Input from the behavioral health administration advisory council created pursuant to section 27-50-701;

(d) Alignment with existing state and federal requirements;

(e) Alignment with the BHA's comprehensive state plan developed pursuant to section 27-50-105 (2); and

(f) Reducing the administrative burden of data collection and reporting for behavioral health providers.

(3.5) (a) In setting minimum performance standards for children and youth under twenty-one years of age, the BHA shall consult with a working group, including members from the department of health care policy and financing, the department of human services, county departments of human or social services, managed care entities, hospitals, and other relevant stakeholders, including stakeholders who represent individuals with intellectual and developmental disabilities, to help develop the performance monitoring system framework that addresses the minimum performance standards for treatment of children and youth pursuant to subsection (2) of this section. The framework must consider measures of accountability for children and youth who are boarding or in extended stay.

(b) The working group may, through gifts, grants, or donations, enter into an agreement with a third-party contractor that has expertise in child welfare and youth mental health research, including outcome measurement and impact analysis, to assist in developing the framework.

(c) No later than April 1, 2024, the working group shall submit the framework to the BHA to inform the performance monitoring system. The BHA shall make the framework publicly available on the BHA's website.

(3.7) (a) (I) Beginning September 1, 2023, and each quarter thereafter until October 1, 2024, each hospital shall report information to the BHA that is consistent with federal privacy laws in a form and manner specified by the BHA on the total number of children and youth patients who were boarding or had extended stays in the previous quarter; if known, how many children and youth who were boarding or had extended stays and were in county custody at the time they were boarding or had extended stays; and, to the extent possible, for patients who were ultimately discharged during the quarter, where the patients were discharged to.

(II) Beginning September 1, 2023, and each quarter thereafter until October 1, 2024, the department of human services, in consultation with county departments of human or social services, shall report information to the BHA in a form and manner specified by the BHA that is consistent with federal privacy laws on the total number of children and youth in the custody of, or who had involvement with, a county department of human or social services who spent time at least overnight in a hotel or a county department of human or social services office as a stopgap setting.

(b) (I) No later than September 1, 2023, and each quarter thereafter until October 1, 2024, the BHA shall report aggregated and de-identified information submitted to the BHA pursuant to subsection (3.7)(a) of this section to the working group. The BHA shall make the de-identified and aggregated data publicly available on the BHA's website.

(II) If the information reported pursuant to this subsection (3.7)(b) is not able to be aggregated and de-identified in compliance with the federal "Health Insurance Portability and Accountability Act of 1996", as amended, 42 U.S.C. secs. 1320d to 1320d-9, the BHA shall not report the information until the population is large enough to be reported in compliance with the federal law.

(4) The BHA and the department of health care policy and financing shall collaborate to align performance metrics and standards for providers, managed care entities, and behavioral health administrative services organizations to the greatest extent possible.

(5) (a) The BHA shall collaborate with the department of health care policy and financing to establish data collection and reporting requirements that align with the performance standards established in this section and that are of a high value in promoting systemic improvements. In establishing data collection and reporting requirements, the BHA must consider the impact on behavioral health providers and clients and state information technology systems.

(b) Where applicable, the BHA shall coordinate with the health information organization networks to prioritize leveraging the health information organization network infrastructure to meet the requirements of this section and to promote the interoperable exchange of data to improve the quality of patient care. The BHA shall coordinate with the health information organization networks on relevant provisions of the universal contract pursuant to section 27-50-203 (1)(a).

(6) Compliance with the requirements described in this section shall be enforced through:

(a) The universal contracting provisions developed pursuant to section 27-50-203;

(b) Designation of behavioral health administrative services organizations pursuant to section 27-50-402; and

(c) Applicable licensing standards, including licensing behavioral health entities pursuant to part 5 of this article 50.

(7) The BHA shall analyze the data collected pursuant to this section and create public-facing system accountability platforms to report on performance standards for behavioral health providers, behavioral health administrative services organizations, and managed care entities.

(8) The BHA shall document how the BHA's activities conducted pursuant to this section comply with state and federal privacy laws and standards.
C.R.S. § 27-50-203 — CO Code / Title 27 / Article 50 / Part 2 / Section 27-50-203
27-50-203. Universal contracting provisions - requirements
Status: in_force

27-50-203. Universal contracting provisions - requirements. (1) On or before July 1, 2023, the BHA shall work with the department of health care policy and financing, in collaboration with relevant stakeholders and other state agencies, to develop universal contracting provisions to be used by state agencies when contracting for behavioral health services in the state. The universal contracting provisions shall provide clear, standardized requirements addressing at least the following:

(a) Minimum data collection and reporting, including electronic data and participation in health information organization networks;

(b) Grievance and occurrence reporting, including to the BHA;

(c) Collaboration with other state agencies;

(d) Use of evidence-based practices;

(e) Access to care and quality of care standards, including accountability to the performance standards developed pursuant to section 27-50-201;

(f) Programmatic and financial reporting;

(g) Consequences for not meeting contract requirements;

(h) Standard payment methodologies, based on provider type or other factors, as determined by the BHA;

(i) Claims submissions and billing procedures and guidelines;

(j) Limitations of liability;

(k) Compliance with behavioral health safety net standards, including provision of services for priority populations;

(l) Utilization management;

(m) Utilization of required tools or programs that improve quality outcomes, accessibility of social determinants of health supports, affordability, referral efficiency, or other state priorities;

(n) Policies on accepting, discharging, triaging, and denying services to clients consistent with sections 27-50-302 and 27-50-303;

(o) Standards for serving priority populations and high-acuity clients based on state need and provider type; and

(p) Compliance with all applicable federal statutes and regulations, including anti-discrimination laws.

(2) The universal contracting provisions may include alternate standardized provisions, depending on its application, such as whether the provider is a comprehensive community behavioral health provider or an essential behavioral health safety net provider, the service type, or other factors.

(3) Additional terms not included in the universal contract may be negotiated and added by the contracting parties.
C.R.S. § 27-90-110 — CO Code / Title 27 / Article 90 / Section 27-90-110
27-90-110. Rules for this article 90 and certain provisions in title 19
Status: in_force

27-90-110. Rules for this article 90 and certain provisions in title 19. Pursuant to section 24-4-103, the department shall promulgate such rules as are necessary to implement the provisions of this article 90 and the procedures specified in sections 19-2.5-305, 19-2.5-1102, 19-2.5-1525, 19-2.5-1532, 19-3-403, 19-3-506, 19-3-507, and 19-3-508 regarding children who are in detention or who have or may have a behavioral or mental health disorder or an intellectual and developmental disability.
C.R.S. § 27-10.5-202 — CO Code / Title 27 / Article 10.5 / Part 2 / Section 27-10.5-202
27-10.5-202. Definitions
Status: in_force

27-10.5-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Developmental disability" means a severe, chronic disability of a person nine years of age or older which:

(a) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(b) Is manifested before the person attains age twenty-two;

(c) Results in substantial functional limitations in three or more of the following areas of major life activity:

(I) Self-care;

(II) Receptive and expressive language;

(III) Learning;

(IV) Mobility;

(V) Self-direction;

(VI) Capacity for independent living; and

(VII) Economic self-sufficiency; and

(d) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services and supports which are of lifelong or extended duration and are individually planned and coordinated; except that such term when applied to infants and young children means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided.

(2) "State plan" means the state plan for developmental disabilities established pursuant to the provisions of section 27-10.5-204 and as required by the federal "Developmental Disabilities Services and Facilities Construction Act", and amendments thereto, including the "Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978", Pub.L. 95-602.

(3) "State council" means the Colorado developmental disabilities council established pursuant to section 27-10.5-203.
C.R.S. § 27-80-109 — CO Code / Title 27 / Article 80 / Part 1 / Section 27-80-109
27-80-109. Coordination of state and federal funds and programs
Status: in_force

27-80-109. Coordination of state and federal funds and programs. (1) Requests for state appropriations for substance use disorder treatment programs must be submitted to the BHA and the office of state planning and budgeting on dates specified by the BHA, consistent with requirements and procedures of the office of state planning and budgeting. After studying each request, the BHA shall make a report with its comments and recommendations, including priorities for appropriations and a statement as to whether the requested appropriation would be consistent with the comprehensive state plan for substance use disorder treatment programs. The BHA shall submit its reports to the governor, the office of state planning and budgeting, and the joint budget committee, together with all pertinent material on which the report's recommendations are based.

(2) The BHA shall also review applications for federal grants for substance use disorder treatment programs submitted by any department or agency of state government; political subdivision of the state; Indian tribal reservation; or other public or private agency, organization, or institution. The BHA shall transmit to the division of planning and to the appropriate United States agency its comments and recommendations, together with a statement as to whether the grant would be consistent with the comprehensive state plan for substance use disorder treatment programs.
C.R.S. § 27-66-101 — CO Code / Title 27 / Article 66 / Section 27-66-101
27-66-101. Definitions
Status: repealed

27-66-101. Definitions. As used in this article 66, unless the context otherwise requires:

(1) Repealed.

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

(1.5) "Behavioral health entity" has the same meaning as defined in section 27-50-101.

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

(2) to (6) Repealed.
C.R.S. § 27-67-103 — CO Code / Title 27 / Article 67 / Section 27-67-103
27-67-103. Definitions
Status: repealed

27-67-103. Definitions. As used in this article 67, unless the context otherwise requires:

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

(1.3) "Behavioral health safety net provider" has the same meaning as defined in section 27-50-101.

(1.5) "Care management" includes, but is not limited to, consideration of the continuity of care and array of services necessary for appropriately treating a child or youth and the decision-making authority regarding the child's or youth's placement in and discharge from behavioral health services.

(2) "Child or youth at risk of out-of-home placement" means a child or youth who, although not otherwise categorically eligible for medicaid, meets the following criteria:

(a) The child or youth has been diagnosed as having a mental health disorder, as defined in section 27-65-102;

(b) The child or youth requires a level of care that is provided in a residential child care facility pursuant to section 25.5-6-903, or that is provided through community-based programs, and who, without such care, is at risk of unwarranted child welfare involvement or other system involvement, as described in section 27-67-102, in order to receive funding for treatment;

(c) If the child or youth is determined to be in need of placement in a residential child care facility, he or she shall apply for supplemental security income, but any determination for supplemental security income must not be a criterion for a child or youth to receive services pursuant to this article 67;

(d) The child or youth is a person for whom there is no pending or current action in dependency or neglect pursuant to article 3 of title 19; and

(e) The child or youth is younger than eighteen years of age, but he or she may continue to remain eligible for services until his or her twenty-first birthday.

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

(3) "Community-based care" means any intervention that is designed to be an alternative to residential or hospital level of care in which the child or youth resides within a noninstitutional setting.

(4) Repealed.

(5) "County department" means the county or district department of human or social services.

(6) "Family advocate" has the same meaning as provided in section 27-69-102 (5).

(7) "Family systems navigator" has the same meaning as provided in section 27-69-102 (5.5).

(8) "First-level appeal" means the initial process a medicaid member is required to enact to contest a benefit, service, or eligibility decision made by medicaid or a medicaid managed care entity.

(9) "Medicaid child or youth who is at risk of out-of-home placement" means a child or youth who is categorically eligible for medicaid but who otherwise meets the definition of a child or youth who is at risk of out-of-home placement as defined in subsection (2) of this section.

(10) "Mental health agency" means a behavioral health services contractor through the behavioral health administration serving children and youth statewide or in a particular geographic area and with the ability to meet all expectations of this article 67.

(11) "Professional person" means a person licensed to practice medicine in this state, a psychologist certified to practice in this state, or a person licensed and in good standing to practice medicine in another state or a psychologist certified 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.

(12) Repealed.
C.R.S. § 27-50-103 — CO Code / Title 27 / Article 50 / Part 1 / Section 27-50-103
27-50-103. Behavioral health commissioner - appointment - powers, duties, and functions - s
Status: in_force

27-50-103. Behavioral health commissioner - appointment - powers, duties, and functions - subdivisions of the BHA. (1) The governor shall appoint the commissioner, who is the head of the BHA. The commissioner has the full authority, with the governor, to lead and develop the state's vision and strategy for behavioral health for children, youth, and adults.

(2) The commissioner shall:

(a) Be well-versed in behavioral health;

(b) Be registered to vote in Colorado during the commissioner's term of service; and

(c) Have no pecuniary interest, directly or indirectly, in any behavioral health company or agency other than as a behavioral health services recipient.

(3) The commissioner shall ensure that:

(a) Behavioral health programs delivered by state agencies and commercial payers are comprehensive, evidence-based, affordable, high quality, equity-focused, and easily accessible for all Coloradans;

(b) Behavioral health strategies, program priorities, and funding allocations for behavioral health align with the vision set forth by the BHA and the governor; and

(c) There is a streamlined approach to using public money to improve behavioral health across the continuum of care from prevention to recovery.

(4) The commissioner shall engage with the legislative and judicial branches of government to achieve the state's vision for behavioral health.

(5) The commissioner may establish subdivisions, sections, or units necessary for the proper discharge of the powers, duties, and functions of the BHA.

(6) The commissioner shall establish an infrastructure to oversee and be accountable for policy, strategy, and services for children and youth.
C.R.S. § 27-50-102 — CO Code / Title 27 / Article 50 / Part 1 / Section 27-50-102
27-50-102. Behavioral health administration - creation - coordination - health oversight ag
Status: in_force

27-50-102. Behavioral health administration - creation - coordination - health oversight agency. (1) There is established in the department of human services the behavioral health administration. Nothing in this subsection (1) precludes any future legislative action taken pursuant to section 27-60-203 (5) regarding the future location of the BHA.

(2) The BHA is charged with creating a coordinated, cohesive, and effective behavioral health system in Colorado. Any state agency that administers a behavioral health program shall collaborate with the BHA to achieve the goals and objectives established by the BHA. In order to ensure regular engagement with other state agencies and to maintain alignment in state programs, resource allocation, priorities, and strategic planning, the commissioner shall chair a regular meeting of the executive directors of state agencies.

(3) For the purpose of overseeing the behavioral health-care system in Colorado and discharging the BHA's duties as described in this article 50, the BHA is a health oversight agency, as defined in 45 CFR 164.501.
C.R.S. § 27-65-110 — CO Code / Title 27 / Article 65 / Section 27-65-110
27-65-110. Long-term care and treatment of persons with mental health disorders - procedure
Status: in_force

27-65-110. Long-term care and treatment of persons with mental health disorders - procedure. (1) Whenever a respondent has received an extended certification for treatment pursuant section 27-65-109 (10), the professional person in charge of the certification for short-term treatment or the BHA may file a petition with the court at least thirty days prior to the expiration date of the extended certification for long-term care and treatment of the respondent under the following conditions:

(a) The professional staff of the agency or facility providing short-term treatment has analyzed the respondent's condition and has found 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) The respondent has been advised of the availability of, but has not accepted, voluntary treatment; but, if reasonable grounds exist to believe that the respondent will not remain in a voluntary treatment program, the respondent's acceptance of voluntary treatment does not preclude an order pursuant to this section; and

(c) The facility that will provide long-term care and treatment has been designated by the commissioner to provide the care and treatment.

(2) Every petition for long-term care and treatment must include a request for a hearing before the court prior to the expiration of six months after the date of original certification and provide a recommendation as to whether the certification for long-term care and treatment should take place on an inpatient or outpatient basis. A copy of the petition must be delivered personally to the respondent for whom long-term care and treatment is sought and electronically delivered to the respondent's attorney of record simultaneously with the filing.

(3) Within ten days after receipt of the petition, the respondent or the respondent's attorney may request a hearing before the court or a jury trial by filing a written request with the court.

(4) The court or jury shall determine whether the conditions of subsection (1) of this section are met and whether 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. The court shall issue an order of long-term care and treatment for a term not to exceed six months, discharge the respondent for whom long-term care and treatment was sought, or enter any other appropriate order. An order for long-term care and treatment must grant custody of the respondent to the BHA for placement with an agency or facility designated by the commissioner to provide long-term care and treatment. The BHA may delegate the physical custody of the respondent to a facility designated by the commissioner and the requirement for the provision of services and care coordination. When a petition contains a request that a specific legal disability be imposed or that a specific legal right be deprived, the court may order the disability imposed or the right deprived if the court or a jury has determined that the respondent has a mental health disorder or is gravely disabled and that, as a result, the respondent is unable to competently exercise the specific legal right or perform the function for which the disability is sought to be imposed. Any interested person may ask leave of the court to intervene as a copetitioner for the purpose of seeking the imposition of a legal disability or the deprivation of a legal right.

(5) An original order of long-term care and treatment or any extension of such order expires on the date specified, unless further extended as provided in this subsection (5). If an extension is being sought, the professional person in charge of the evaluation and treatment shall certify to the court at least thirty days prior to the expiration date of the order in force that an extension of the order is necessary for the care and treatment of the respondent subject to the order in force, and a copy of the certification must be simultaneously delivered to the respondent and electronically delivered to the respondent's attorney of record. At least twenty days before the expiration of the order, the court shall give written notice to the respondent and the respondent's attorney of record that a hearing upon the extension may be had before the court or a jury upon written request to the court within ten days after receipt of the notice. If a hearing is not requested by the respondent within such time, the court may proceed ex parte. If a hearing is timely requested, the hearing must be held before the expiration date of the order in force. If the court or jury finds that the conditions of subsection (1) of this section continue to be met and that the respondent has a mental health disorder and, as a result of the mental health disorder, is a danger to others or to the respondent's self or is gravely disabled, the court shall issue an extension of the order. Any extension must not exceed six months, but there may be as many extensions as the court orders pursuant to this section.

(6) A respondent certified for long-term care and treatment may be discharged from the facility upon the signature of the treating professional person and medical director of the facility, and the facility shall notify the BHA prior to the respondent's discharge. The facility shall make the respondent's discharge instructions available to the respondent, the respondent's attorney, the respondent's lay person, and the respondent's legal guardian, if applicable, within one week after discharge, if requested. A facility that is transferring a respondent to a different facility or to an outpatient program shall provide all treatment records to the facility or provider accepting the respondent at least twenty-four hours prior to the transfer.
C.R.S. § 27-81-115 — CO Code / Title 27 / Article 81 / Section 27-81-115
27-81-115. Emergency service patrol - establishment - rules
Status: in_force

27-81-115. Emergency service patrol - establishment - rules. (1) The BHA and cities, counties, city and counties, and regional service authorities may establish emergency service patrols. A patrol consists of persons trained to give assistance in the streets and in other public places to persons who are intoxicated by alcohol, under the influence of drugs, or incapacitated by substances. Members of an emergency service patrol must be capable of providing first aid in emergency situations and are authorized to transport a person intoxicated by alcohol, under the influence of drugs, or incapacitated by substances to the person's home and to and from treatment facilities.

(2) The commissioner shall adopt rules for the establishment, training, and conduct of emergency service patrols.
C.R.S. § 27-10.5-139 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-139
27-10.5-139. Evaluations to determine whether a defendant is mentally retarded for purposes o
Status: repealed

27-10.5-139. Evaluations to determine whether a defendant is mentally retarded for purposes of class 1 felony trials - repeal. (Repealed)
C.R.S. § 27-91-105 — CO Code / Title 27 / Article 91 / Section 27-91-105
27-91-105. Indebtedness limited to appropriation
Status: in_force

27-91-105. Indebtedness limited to appropriation. It is unlawful for any officer of any state institution of this state to incur or contract any indebtedness for, on behalf of, or in the name of the state institution or in the name of the state in excess of the sum appropriated by the general assembly for the use or support of the institution for the fiscal year. An officer of any state institution shall not draw any money from the state treasury unless the same is absolutely needed and required by the institution at the time, and then only upon the warrant of the controller.
C.R.S. § 27-80-129 — CO Code / Title 27 / Article 80 / Part 1 / Section 27-80-129
27-80-129. Regulation of recovery residences - rules - definitions
Status: in_force

27-80-129. Regulation of recovery residences - rules - definitions. (1) As used in this section:

(a) "Certifying body" means the body that certifies a recovery residence approved by the behavioral health administration in the department of human services pursuant to section 27-80-122.

(b) (I) "Recovery residence" means any premises, place, facility, or building that provides housing accommodation for individuals with a primary diagnosis of a substance use disorder that:

(A) Is free from alcohol and nonprescribed or illicit drugs;

(B) Promotes independent living and life skill development; and

(C) Provides structured activities and recovery support services that are primarily intended to promote recovery from substance use disorders.

(II) "Recovery residence" does not include:

(A) A private residence in which an individual related to the owner of the residence by blood, adoption, or marriage is required to abstain from substance use or receive behavioral health services for a substance use disorder as a condition of residing in the residence;

(B) The supportive residential community for individuals who are homeless operated under section 24-32-724 at the Fort Lyon property for the purpose of providing substance abuse supportive services, medical care, job training, and skill development for the residents;

(C) A facility approved for residential treatment by the behavioral health administration in the department of human services; or

(D) Permanent supportive housing units incorporated into affordable housing developments.

(2) A recovery residence may admit individuals who are receiving medication-assisted treatment, including agonist treatment, for substance use disorders; except that a recovery residence receiving state money or providing services that are paid for through state programs shall not deny admission to persons who are participating in prescribed medication-assisted treatment, as defined in section 23-21-803, for a substance use disorder. :

(3) (a) A person shall not operate a recovery residence or a substantially similar facility, and a licensed, registered, or certified health-care provider; a managed care entity, as defined in section 25.5-5-802 (5); a managed care organization, as defined in section 25.5-5-403 (5); or a licensed health facility shall not refer an individual to a recovery residence, unless the residence:

(I) Is certified by a certifying body as specified in subsection (4) of this section;

(II) Is chartered by Oxford House or its successor organization; or

(III) Has been operating as a recovery residence in Colorado for thirty or more years as of May 23, 2019.

(b) If a person is operating a recovery residence or a substantially similar facility in violation of subsection (3)(a) of this section, the behavioral health administration shall send the facility a cease-and-desist letter.

(4) The behavioral health administration shall, by rule, determine the requirements for a certifying body seeking approval for purposes of subsection (3)(a)(I) of this section, which rules must include a requirement that a certifying body include a representative from the behavioral health administration on its board.

(5) A recovery residence owner, employee, or administrator, or an individual related to a recovery residence owner, employee, or administrator, shall not directly or indirectly:

(a) Solicit, accept, or receive a commission, payment, trade, fee, or anything of monetary or material value, excluding the supportive services required to place the resident:

(I) For admission of a resident, except for state or federal contracts that specifically reimburse for resident fees;

(II) From a treatment facility that is licensed or certified by the department of public health and environment for the treatment of substance use disorders; or

(III) From a facility approved for residential treatment by the behavioral health administration in the department of human services;

(b) Solicit, accept, or receive a commission, payment, trade, fee, or anything of monetary or material value from a toxicology laboratory that provides confirmation testing or point-of-care testing for residents.

(6) A recovery residence shall have the following in place for each client at the time an individual becomes a client of the recovery residence:

(a) A signed program agreement between the recovery residence and the client that outlines the requirements the client must follow to reside at the recovery residence; the drug screening policy; and the recovery residence's code of conduct that prohibits the use of alcohol, nonprescribed drugs, and illicit drugs; and notice of immediate discharge for possession of alcohol, nonprescription drugs, or illicit drugs in the recovery residence; and

(b) A relapse plan that must be implemented if the client returns to the use of alcohol, nonprescribed drugs, or illicit drugs. The relapse plan must outline steps that must be taken to evaluate and address the client's return to use and to allow the client to remain in the recovery residence after a relapse has occurred, if possible. The recovery residence must provide notification to the client if the client's relapse plan has failed.

(7) (a) Recovery residence staff shall develop a client discharge and transfer policy and submit it for approval to its certifying body. Recovery residence staff shall implement a client discharge and transfer policy that is approved by the certifying body. After the certifying body approves the recovery residence's client discharge and transfer policy, the recovery residence staff may discharge or transfer a client with twenty-four hours' notice if the relapse plan has failed, according to the policy, in any of the following circumstances:

(I) The discharge or transfer is necessary for the safety of the client because the recovery residence is unable to meet the needs of the client; or

(II) If the client returns to the use of alcohol, nonprescription drugs, or illicit drugs.

(b) Recovery residence staff may immediately discharge or transfer a client, according to the policy, if the client is in possession of alcohol, nonprescription drugs, or illicit drugs in the recovery residence.

(c) If a client is unable or no longer wishes to reside in a recovery residence, or is discharged or transferred from a recovery residence, prior to the client vacating the recovery residence, the recovery residence staff shall:

(I) Document in the client's record detailed information regarding the basis for the discharge or transfer;

(II) Provide the client with a referral to treatment services or other recovery support services;

(III) Provide the client with a referral to appropriate services if the client is discharged without food, housing, or economic security, if such services exist in the community; and

(IV) Provide the client with the phone number to contact the Colorado crisis services hotline, information on the availability of peer support services, and information about the behavioral health services directory provided by the behavioral health administration.

(d) Recovery residence staff shall document in the client's record any referrals provided to the client pursuant to subsection (7)(c) of this section. If the client refuses to accept the discharge or transfer, the recovery residence staff shall document the refusal in the client's record.

(e) The recovery residence shall, at a minimum, attempt to follow up with the client's designated emergency contact at the time of discharge. The recovery residence is encouraged to utilize peer support professionals, as defined in section 27-60-108, when performing follow-up care with clients. a recovery residence may facilitate follow-up care through contacts with community-based providers or the Colorado crisis hotline.

(8) The certifying body shall establish a fair and accessible grievance and appeal process for clients to appeal a discharge or transfer decision made by a recovery residence. The grievance and appeal process must, at a minimum:

(a) Require written documentation of the grievance within one week of receiving the grievance if the grievance is received verbally; and

(b) Provide the client with a decision not later than seventy-two hours after the date the client submits a grievance or appeal.

(9) The recovery residence shall provide a client who is discharged or transferred with a written notice indicating the reason for discharge, treatment referrals, and referrals for other services the client is receiving. The written notice must outline the client's right to appeal the discharge or transfer, the timeline required for an appeal, and how to submit an appeal.

(10) Any certified recovery residence or client adversely affected or aggrieved by a decision made by the certifying body pursuant to this section has the right to appeal to the Colorado department of personnel and administration, office of administrative courts and may subsequently seek judicial review of the certifying body's action.

(11) A recovery residence shall make the recovery residence's code of conduct, drug screening policy, and discharge and transfer policy accessible in all common areas of the recovery residence.

(12) The recovery residence shall not consider age, gender, disability, race, color, ancestry, citizenship, pregnancy, sexual orientation, gender identity or expression, national origin, medical condition, marital status, veteran status, payment source or ability, or any other basis prohibited by federal, state, or local law when determining whether to discharge or transfer a client.
C.R.S. § 27-81-104 — CO Code / Title 27 / Article 81 / Section 27-81-104
27-81-104. Duties of the behavioral health administration - review
Status: in_force

27-81-104. Duties of the behavioral health administration - review. (1) The BHA shall:

(a) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs, in cooperation with public and private agencies, organizations, and individuals, and provide technical assistance and consultation services for these purposes;

(b) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in prevention of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs;

(c) Utilize behavioral health entities, community mental health centers and clinics, or other approved treatment facilities, whenever feasible;

(d) Cooperate with the department of corrections in establishing and conducting programs for the prevention of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs in appropriate agencies and institutions and for persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs in or on parole from correctional institutions and in carrying out duties specified in subsections (1)(i) and (1)(k) of this section;

(e) Cooperate with the department of education, schools, police departments, courts, and other public and private agencies, organizations, and individuals in establishing programs for the prevention of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs and preparing curriculum materials for use at all levels of school education;

(f) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol and drugs;

(g) Develop and implement, as an integral part of substance use disorder treatment programs, an educational program for use in the treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs. The program must include the dissemination of information concerning the nature and effects of alcohol and drugs.

(h) Organize and foster training programs for all persons engaged in treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs;

(i) Sponsor and encourage research into the causes and nature of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs, and serve as a clearinghouse for information relating to substance use disorders;

(j) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment;

(k) Advise the governor in the preparation of a comprehensive plan for treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs for inclusion in the state's comprehensive health plan;

(l) Review all state health, welfare, and treatment plans to be submitted for federal funding under federal legislation and advise the governor on provisions to be included relating to substance use disorders, persons with substance use disorders, and persons under the influence of drugs;

(m) Assist in the development of, and cooperate with, substance use education and treatment programs for employees of state and local governments and businesses and industries in this state;

(n) Utilize the support and assistance of interested persons in the community, particularly persons with substance use disorders that are in remission, to encourage persons with substance use disorders to voluntarily undergo treatment;

(o) Cooperate with the department of transportation in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while under the influence of, or impaired by, alcohol or drugs;

(p) Encourage general hospitals and other appropriate health facilities to admit without discrimination persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs and to provide them with adequate and appropriate treatment;

(q) Encourage all health and disability insurance programs to include substance use disorders as a covered illness;

(r) Submit to the governor an annual report covering the activities of the BHA; and

(s) Train emergency departments and certified peace officers in the procedures required pursuant to sections 27-81-111 and 27-81-112.
C.R.S. § 27-60-104 — CO Code / Title 27 / Article 60 / Part 1 / Section 27-60-104
27-60-104. Behavioral health crisis response system - crisis service facilities - walk-in c
Status: in_force

27-60-104. Behavioral health crisis response system - crisis service facilities - walk-in centers - mobile response units - report. (1) All behavioral health entities, crisis walk-in centers, acute treatment units, mobile crisis programs, respite services, and crisis stabilization units within the crisis response system, regardless of program licensure, shall meet standards for approval pursuant to section 27-66-105. Facility-based crisis service providers must be approved or designated to adequately care for an individual brought to the facility through the emergency mental health procedure described in section 27-65-106 and be an approved treatment facility pursuant to section 27-81-106. The arrangements for care must be completed through the crisis response system or prearranged partnerships with other crisis intervention services.

(2) (a) The BHA shall ensure that mobile response units are available to respond to a behavioral health crisis anywhere in the state within no more than two hours, either face-to-face or using telehealth operations, for mobile crisis evaluations.

(b) Mobile crisis services may be delivered by criminal justice diversion programs approved by the BHA or a crisis response system contractor.

(3) (a) All walk-in centers throughout the state's crisis response system must be appropriately designated by the commissioner for an emergency mental health hold, adequately prepared, and properly staffed to accept an individual through the procedure outlined in section 27-65-106 or a voluntary application for mental health services pursuant to section 27-65-103 or 27-65-104. Priority for individuals placed under an emergency mental health hold pursuant to section 27-65-106 is on treating high-acuity individuals in the least restrictive environment without the use of law enforcement.

(a.5) All crisis walk-in centers throughout the state's crisis response system shall be appropriately licensed, adequately prepared, and properly staffed to provide crisis services to an individual with a substance use disorder, as that term is defined in section 27-81-102, or an individual with a disability, as defined in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, regardless of primary diagnosis, co-occurring conditions, or if the individual requires assistance with activities of daily living, as defined in section 12-270-104. A crisis walk-in center shall prioritize treating high-acuity individuals in the least restrictive environment without the use of law enforcement.

(b) The ability of crisis walk-in centers to accept individuals through an emergency mental health hold outlined in section 27-65-106, a voluntary application for substance use disorder services pursuant to section 27-81-109, or a voluntary application for mental health services pursuant to section 27-65-103 or 27-65-104 may include, but is not limited to, purchasing, installing, and using telehealth operations for mobile crisis evaluations in partnership with hospitals, clinics, law enforcement agencies, and other appropriate service providers.

(3.5) Mobile crisis programs and crisis walk-in centers shall provide crisis response screening services to any individual seeking such services, including youth of any age and an individual with a disability, as defined in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, regardless of primary diagnosis, co-occurring conditions, or if the individual requires assistance with activities of daily living, as defined in section 12-270-104. All additional or corresponding behavioral health services beyond the crisis response screening must be provided in accordance with all applicable state laws, including, but not limited to, sections 12-245-203.5, 13-22-102, 27-65-103, and 27-65-104.

(4) Rural crisis facilities are encouraged to work collaboratively with other facilities in the region that provide care twenty-four hours a day, seven days a week, to form local arrangements.

(5) The BHA shall encourage crisis response system contractors in each region to develop partnerships with the broad array of crisis intervention services through mobile response units and telehealth-capable walk-in centers in rural communities that offer care twenty-four hours a day, seven days a week.

(6) The BHA shall ensure crisis response system contractors are responsible for community engagement, coordination, and system navigation for key partners, including criminal justice agencies, emergency departments, hospitals, primary care facilities, behavioral health entities, walk-in centers, and other crisis service facilities. The goals of community coordination are to:

(a) Formalize relationships with partners in the contractually defined regions;

(b) Pursue collaborative programming for behavioral health services, including, when possible, embedding crisis clinicians and consultants in first response systems;

(c) Build close relationships between first responders and dispatch centers and the crisis response system contractor in the region; and

(d) Coordinate behavioral health crises interventions in the community as early as possible to promote diversion from the criminal justice system and continuity of care.

(6.5) For state fiscal year 2023-24, the BHA shall safeguard partnerships between community-based behavioral health providers and rural hospitals by allocating money to community-based behavioral health providers.

(7) The BHA shall explore solutions for addressing secure transportation, as defined in section 25-3.5-103 (11.4), of individuals placed on a seventy-two-hour treatment and evaluation hold pursuant to article 65 of this title 27, and shall include the following information as part of its 2023 "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required pursuant to section 2-7-203:

(a) How crisis contractors are facilitating the use of secure transportation or contracting with secure transportation licensees; and

(b) How the BHA has supported and encouraged crisis contractors to include secure transportation in the behavioral health crisis response system.

(8) The BHA shall ensure consistent training for professionals who have regular contact with individuals experiencing a behavioral health crisis.

(9) The BHA shall conduct an assessment of need and capacity of the statewide crisis response system to better understand the state's needs for crisis response and service gaps across the state.

(10) (a) The state department shall annually, in August, notify each public and private school in the state about services provided by the behavioral health crisis response system, including but not limited to how to engage with and what to expect from the services, and the possibility of peer-to-peer counseling as a part of the offered services. The state department shall provide behavioral health crisis response system awareness and educational materials to each public and private school in the state.

(b) The state department shall collaborate with the department of education, created in section 24-1-115, in identifying public and private schools in Colorado, including but not limited to identifying school contact information.
C.R.S. § 27-80-122 — CO Code / Title 27 / Article 80 / Part 1 / Section 27-80-122
27-80-122. Recovery residence certifying body - competitive selection process - appropriati
Status: in_force

27-80-122. Recovery residence certifying body - competitive selection process - appropriation. (1) No later than January 1, 2022, the BHA shall use a competitive selection process pursuant to the "Procurement Code", articles 101 to 112 of title 24, to select a recovery residence certifying body to:

(a) Certify recovery residences pursuant to section 27-80-129; and

(b) Educate and train recovery residence owners and recovery residence staff on industry best practices, including best practices for providing culturally responsive and trauma-informed care.

(2) For the 2021-22 state fiscal year and each state fiscal year thereafter, the general assembly shall appropriate two hundred thousand dollars to the BHA for the purpose of implementing this section.
C.R.S. § 27-10.5-311 — CO Code / Title 27 / Article 10.5 / Part 3 / Section 27-10.5-311
27-10.5-311. Regional centers - waiver beds - prohibition on closure or sale - repeal
Status: repealed

27-10.5-311. Regional centers - waiver beds - prohibition on closure or sale - repeal. (Repealed)
C.R.S. § 27-65-118 — CO Code / Title 27 / Article 65 / Section 27-65-118
27-65-118. Right to treatment - rules
Status: in_force

27-65-118. Right to treatment - rules. (1) (a) Any person receiving an evaluation or treatment pursuant to this article 65 is entitled to medical and psychiatric care and treatment, with regard to services listed in section 27-66-101 and services listed in rules authorized by section 27-66-102, suited to meet the person's individual needs, delivered in such a way as to keep the person in the least restrictive environment, and delivered in such a way as to include the opportunity for participation of family members in the person's program of care and treatment, when appropriate. Nothing in this subsection (1)(a) creates any right with respect to any person other than the person receiving an evaluation, care, or treatment. The professional person and the agency or facility providing an evaluation, care, or treatment shall keep records detailing all care and treatment received by the person, and the records must be made available, upon the person's written authorization, to the person's attorney or the person's personal physician. The records are permanent records and must be retained in accordance with section 27-65-123 (4).

(b) Any person receiving an evaluation or treatment pursuant to this article 65 may petition the court pursuant to section 13-45-102, for release to a less restrictive setting within or without a treating facility or release from a treating facility when adequate medical and psychiatric care and treatment are not administered.

(2) The BHA shall promulgate rules to assure that each agency or facility providing an evaluation, care, or treatment requires the following:

(a) Consent for specific therapies and major medical treatment in the nature of surgery. The nature of the consent, by whom it is given, and under what conditions, is determined by rules of the BHA.

(b) The order of a physician for any treatment or specific therapy based on appropriate medical examinations;

(c) Notation in the patient's treatment record of periodic examinations, evaluations, orders for treatment, and specific therapies, signed by personnel involved;

(d) Conduct according to the guidelines contained in the regulations of the federal government and the rules of the BHA with regard to clinical investigations, research, experimentation, and testing of any kind; and

(e) Documentation of the findings, conclusions, and decisions in any administrative review of a decision to release or withhold the information requested by a family member or lay person pursuant to section 27-65-123 (1)(g) or (1)(h) and documentation of any information given to a family member or lay person.
C.R.S. § 27-10.5-103 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-103
27-10.5-103. Duties of the executive director - rules - definitions
Status: repealed

27-10.5-103. Duties of the executive director - rules - definitions. (1) In order to implement the provisions of this article 10.5, the executive director shall carry out the following duties, subject to available appropriations:

(a) Promote effective coordination with agencies serving persons with intellectual and developmental disabilities in order to improve continuity of services and supports for persons facing life transitions from toddler to preschool, school to adult life, and work to retirement;

(b) Repealed.

(c) Operate regional centers pursuant to part 3 of this article; and

(d) Facilitate employment first policies and practices by:

(I) Providing department input and assistance to the employment first advisory partnership established in part 3 of article 84 of title 8, C.R.S., in carrying out its duties; and

(II) Presenting the reports and recommendations of the employment first advisory partnership to the department's legislative committee of reference pursuant to section 8-84-303 (7), C.R.S.

(2) In accordance with section 24-4-103, and in coordination with the requirements of article 10 of title 25.5, the department shall adopt such rules as are necessary to carry out the provisions and purposes of this article 10.5, including but not limited to the following:

(a) Standards for services and supports, including preparation of individualized plans;

(b) Purchase of services and supports and financial administration;

(c) Procedures for resolving disputes over eligibility determination and the modification, denial, or termination of services;

(d) Procedures for admission to programs contained in this article;

(e) Systems of quality assurance and data collection;

(f) The rights of a person receiving services;

(g) Confidentiality of records of a person receiving services;

(h) Designation of authorized representatives and delineation of their rights and duties pursuant to this article;

(i) (I) The establishment of guidelines and procedures for authorization of persons for administration of nutrition and fluids through gastrostomy tubes.

(II) The department shall require that a service agency providing residential or day program services or supports have a staff member qualified pursuant to subparagraph (III) of this paragraph (i) on duty at any time the facility administers said nutrition and fluids through gastrostomy tubes, and that the facility maintain a written record of each nutrient or fluid administered to each person receiving services, including the time and the amount of the nutrient or fluid.

(III) A person who is not otherwise authorized by law to administer nutrition and fluids through gastrostomy tubes is allowed to perform the duties only under the supervision of a licensed nurse, a licensed certified midwife, or a licensed physician. A person who administers nutrition and fluids in compliance with this subsection (2)(i) is exempt from the licensing requirements of the "Colorado Medical Practice Act", article 240 of title 12, and the "Nurse and Nurse Aide Practice Act", article 255 of title 12. Nothing in this subsection (2)(i) shall be deemed to authorize the administration of medications through gastrostomy tubes. A person administering medications through gastrostomy tubes is subject to the requirements of part 3 of article 1.5 of title 25.

(IV) As used in this subsection (2)(i):

(A) "Administration" means assisting a person in the ingestion of nutrition or fluids according to the direction and supervision of a licensed nurse, a licensed certified midwife, or a licensed physician.

(B) "Certified midwife" has the same meaning as set forth in section 12-255-104 (3.2).

(j) Repealed.
C.R.S. § 27-50-302 — CO Code / Title 27 / Article 50 / Part 3 / Section 27-50-302
27-50-302. Requirement to serve priority populations - screening and triage for individuals
Status: in_force

27-50-302. Requirement to serve priority populations - screening and triage for individuals in need of behavioral health services - referrals. (1) Except as provided in this section, comprehensive community behavioral health providers must provide the safety net services listed in section 27-50-101 (11) to priority populations.

(2) Except as provided in section 27-50-303, essential behavioral health safety net providers shall provide the safety net service or services that they contract with the behavioral health administrative services organization or managed care entity to provide to priority populations.

(3) Notwithstanding any other provision of this section to the contrary, emergency and crisis services must be available to any individual who is experiencing a behavioral health crisis, regardless of whether the individual is a priority population.

(4) (a) When a priority population client initiates treatment with a behavioral health safety net provider, prior to the intake the provider shall complete an initial screening and triage process to determine urgency and appropriateness of care with the provider.

(b) The behavioral health safety net provider shall use standard criteria, as determined by the BHA, for determining whether a client's needs exceed the clinical expertise of the provider.

(c) If a priority population client's needs exceed the treatment capacity or clinical expertise of an essential behavioral health safety net provider, the provider shall refer the client to another appropriate provider.

(d) If a priority population client's needs exceed the treatment capacity or clinical expertise of a comprehensive community behavioral health provider, the provider must ensure that the client has access to interim behavioral health services in a timely manner until the client is connected to the most appropriate provider for ongoing care. This may include use of providers within the network of the behavioral health administrative services organization or the regional managed care entity.

(e) The comprehensive community behavioral health provider shall obtain approval from the behavioral health administrative services organization under which the provider is operating, or the regional managed care entity for medicaid clients, prior to referring a priority population client to alternative services; except that an individual experiencing a behavioral health crisis may be referred to emergency or crisis services without prior approval.

(f) A behavioral health safety net provider shall include services that address the language, ability, and cultural barriers, as necessary, to serve communities of color and other underserved populations.

(5) When referring a client to alternative services, a behavioral health safety net provider shall assist the client in identifying and initiating services with an appropriate provider for ongoing care. As appropriate, the behavioral health safety net provider shall use the behavioral health administrative services organization or, for medicaid clients, the regional managed care entity for care coordination.

(6) (a) Behavioral health safety net providers shall track the following information for all individuals who were referred to alternative services pursuant to this section:

(I) Client demographics;

(II) Standardized descriptions of the needs of the client that could not be met and require the client to be referred to another provider;

(III) The outcome and timeliness of the referral; and

(IV) Any other information required by the BHA.

(b) The provider shall provide the report at regular intervals to the BHA and to either the behavioral health administrative services organization under which the provider is operating or, for medicaid clients, to the managed care entity.
C.R.S. § 27-60-202 — CO Code / Title 27 / Article 60 / Part 2 / Section 27-60-202
27-60-202. Definitions
Status: repealed

27-60-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Behavioral health" has the same meaning as set forth in section 27-60-100.3.

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

(2.5) "Care coordination" means services that support individuals and families and initiate care and navigating crisis supports, mental health and substance use disorder assistance, and services that address the social determinants of health, and preventive care services.

(3) Repealed.

(4) "State department" means the state department of human services created pursuant to section 26-1-105.
C.R.S. § 27-65-108.5 — CO Code / Title 27 / Article 65 / Section 27-65-108.5
27-65-108.5. Court-ordered certification for short-term treatment for incompetent defendants
Status: in_force

27-65-108.5. Court-ordered certification for short-term treatment for incompetent defendants in a criminal matter - contents of petition - procedure to contest petition - commitment to behavioral health administration - definition. (1) Upon petition of the district attorney, a professional person, a representative of the BHA, or a representative of the office of civil and forensic mental health, a court may certify a person for short-term treatment for not more than three months under the following conditions:

(a) The person is a respondent in a criminal matter in which the person has been found incompetent to proceed;

(b) The court hearing the criminal matter referred the matter for filing of a petition pursuant to section 16-8.5-111 or 16-8.5-116.5;

(c) The person has been advised of the availability of, but has not accepted, voluntary treatment, or, 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;

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

(e) 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 petition filed pursuant to subsection (1) of this section must:

(a) State sufficient facts to establish reasonable grounds 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 accompanied by a report of the competency evaluator or professional person who has evaluated the respondent within fifty-six days before submission of the petition, unless the respondent whose certification is sought has refused to submit to an evaluation or the respondent cannot be evaluated due to the respondent's condition;

(c) Be filed within fourteen days after the initiating party received the court order from the criminal court initiating the process;

(d) Be filed with the court in the county where the respondent resided or was physically present immediately prior to the filing of the petition; except that if the person was arrested for the prior case and held in custody, the petition may be filed in the county where the respondent resided or was physically present immediately prior to the respondent's arrest; and

(e) Provide recommendations if any certification should occur 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, or the office of civil and forensic mental health. The department shall retain a copy as part of the respondent's record. If the criminal case is pending, or not yet dismissed, notice of the filing of the petition should be given by the petitioning party to the criminal court, which shall provide such notice to the prosecuting and defense attorneys in the criminal case and any attorney appointed pursuant to section 27-65-113. The court shall ask the respondent to designate one other person whom the respondent wants to be informed regarding the petition. If the respondent is incapable of making such a designation at the time the petition is delivered, the court may ask the respondent to designate such person as soon as the respondent is capable.

(4) Whenever a petition is filed pursuant to this section, the court shall immediately appoint an attorney to represent the respondent. The court shall provide the respondent with a written notice that the respondent has a right to a hearing on the petition and may make a written request for a jury trial. 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 petition and any supporting materials immediately upon the attorney's appointment. The respondent may only waive counsel when the respondent makes a knowing and voluntary waiver in front of the court.

(5) Upon the filing of the petition pursuant to this section and affording the respondent a chance to contest the petition, the court may grant or deny certification based on the facts established in the petition, subject to the court's further review or a jury trial.

(6) Within fourteen days after receipt of the petition filed pursuant to this section, the respondent, or the respondent's attorney, may request a jury trial by filing a written motion with the court.

(7) The respondent may knowingly and voluntarily consent in writing to the petition.

(8) The respondent or the respondent's attorney may, at any time, file a written request for the court to review short-term certification or request that inpatient certification be changed to outpatient treatment. If the review is requested, the court shall hear the matter within fourteen days after the request, and the court shall give notice to the respondent, the respondent's attorney, the department, and the community or facility provider who is or will provide treatment. 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.

(9) Section 27-65-109 (7) to (10) applies to proceedings held pursuant to this section.

(10) In assessing whether the respondent with a pending criminal charge is a danger to self or others or is gravely disabled, if the person is incarcerated, the professional person and court shall not rely upon the fact that the person is incarcerated to establish that the respondent is not a danger to self or others or is not gravely disabled.

(11) An emergency mental health hold pursuant to section 27-65-106 is not a prerequisite to a proceeding pursuant to this section.

(12) For the purposes of this section only, "respondent" means the defendant in the referring criminal matter.
C.R.S. § 27-10.5-132 — CO Code / Title 27 / Article 10.5 / Part 1 / Section 27-10.5-132
27-10.5-132. Limitations on sterilization - repeal
Status: repealed

27-10.5-132. Limitations on sterilization - repeal. (Repealed)
C.R.S. § 27-80-123 — CO Code / Title 27 / Article 80 / Part 1 / Section 27-80-123
27-80-123. High-risk families cash fund - creation - services provided - report - definitio
Status: repealed

27-80-123. High-risk families cash fund - creation - services provided - report - definition. (1) As used in this section, unless the context otherwise requires, "high-risk children and youth" means children or youth at risk of entering or who are involved with the juvenile justice system or the child welfare system.

(2) There is created in the state treasury the high-risk families cash fund, referred to in this section as the "fund". The fund consists of money credited to the fund and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the BHA, which may expend money from the fund for the purposes specified in subsection (4) of this section.

(3) Repealed.

(4) The BHA may expend money in the fund for the following purposes:

(a) For services to high-risk parents, including pregnant and parenting women, with substance use disorders;

(b) For services for high-risk children and youth with behavioral health disorders; and

(c) For services for families with behavioral health needs, including family-centered treatment models.

(5) (a) The BHA may use money from the fund to contract with managed service organizations, private providers, schools, counties, nonprofit organizations, or municipalities to provide services described in subsection (4) of this section.

(b) Money expended by the BHA must be used for one-time allocations to increase treatment capacity, including start-up costs and capital expenditures, or to provide substance use disorder recovery and wraparound services, including the prenatal plus program and access to child care, to high-risk families.

(6) After considering relevant stakeholder feedback, the BHA shall annually prioritize the use of available money in the fund, recognizing statewide need and complementing existing funding for behavioral health services statewide.

(7) Notwithstanding the provisions of section 24-1-136 (11)(a)(I) to the contrary, the BHA shall submit a report to the general assembly on July 1, 2020, and on July 1 each year thereafter, which report must include:

(a) A summary of expenditures from the fund made by the BHA;

(b) The impact of the expenditures in increasing services for high-risk families; and

(c) Any recommendations to strengthen and improve access to services and services provided with money from the fund.
C.R.S. § 27-60-204 — CO Code / Title 27 / Article 60 / Part 2 / Section 27-60-204
27-60-204. Care coordination infrastructure - implementation - care navigation program - cr
Status: repealed

27-60-204. Care coordination infrastructure - implementation - care navigation program - creation - report - rules - definition. (1) Care coordination infrastructure. (a) No later than July 1, 2024, the BHA, in collaboration with the department of health care policy and financing, shall develop a statewide care coordination infrastructure to drive accountability and more effective behavioral health navigation to care that builds upon and collaborates with existing care coordination services. The infrastructure must include:

(I) A website and mobile application that serves as a centralized gateway for information for patients, providers, and care coordination and that facilities access and navigation of behavioral health-care services and support; and

(II) A cloud-based platform to allow providers that do not utilize an electronic health record to actively participate in the care coordination infrastructure.

(b) The BHA shall convene a working group of geographically and demographically diverse partners and stakeholders, including those with lived and professional experience, to provide feedback and recommendations that inform and guide the development of the statewide care coordination infrastructure developed pursuant to subsection (1)(a) of this section.

(c) The department of health care policy and financing, the division of insurance in the department of regulatory agencies, and the working group created pursuant to subsection (1)(b) of this section shall determine how medicaid and private insurance existing care coordination services are aligned with the statewide care coordination infrastructure described in subsection (1)(a) of this section.

(d) The BHA shall implement, directly or through a contractor, a comprehensive and robust marketing and outreach plan to make Coloradans aware of the website, mobile application, cloud-based platform, and associated care coordination services developed pursuant to subsection (1)(a) of this section.

(2) The BHA shall ensure navigators are available through the website and mobile application developed pursuant to subsection (1)(a) of this section, as well as in specific regional locations. The statewide care coordination infrastructure is responsible for providing regional access to care coordination services.

(3) The BHA shall utilize behavioral health administrative services organizations established pursuant to part 4 of article 50 of this title 27 to help individuals and families initiate care and ensure timely access to person-centered, trauma-informed, and culturally responsive quality crisis supports; mental health and substance use disorder services; and preventive care services, including services that address the social determinants of health. When possible, the care coordination infrastructure must integrate with other health-care system resources to serve individuals with complex needs.

(4) In implementing the care coordination infrastructure developed pursuant to subsection (1) of this section, the BHA shall:

(a) Train new and existing navigators on the behavioral health safety net system services for children, youth, and adults, behavioral health service delivery procedures, and social determinants of health resources. At a minimum, the BHA shall train existing managed care entity providers, employees of the 988 crisis hotline enterprise created in section 27-64-103, 911 dispatchers, BHA care coordinators and navigators, and other providers participating in other safety net provider settings;

(b) Ensure that the care coordination infrastructure can direct individuals where to seek in-person or virtual navigation support;

(c) Ensure that the administrative burden associated with provider enrollment and credentialing for navigators and care coordination providers is minimal;

(d) As part of the annual report submitted pursuant to section 27-50-204, include a summary of outcomes for individuals who access the statewide care coordination infrastructure; and

(e) Ensure the 988 crisis hotline established pursuant to article 64 of this title 27:

(I) Responds to anyone experiencing a mental health or substance use crisis;

(II) Documents referrals and transfers of care of persons with one or more community-based service providers, such as care coordination and care navigation services; and

(III) Includes connections to:

(A) The forthcoming Colorado behavioral health resource navigation system, which more quickly links individuals in crisis with available services;

(B) The statewide and regional care coordination system;

(C) Peer support services; and

(D) The behavioral health crisis response system created pursuant to section 27-60-103.

(5) Each behavioral health administrative services organization established pursuant to part 4 of article 50 of this title 27 shall:

(a) Utilize navigators trained in the use of the care coordination infrastructure pursuant to subsection (4)(a) of this section to identify community-based and social determinants of health services and capacity, including on-the-ground local support to encourage participation and engagement in services;

(b) Utilize navigators and coordinators to support individuals in connecting to the safety net system created pursuant to part 3 of article 50 of this title 27, including services not covered by an individual's insurance;

(c) Monitor and report quarterly on the safety net system and safety net providers to support accountability in connecting individuals to services and the delivery of those services to individuals with the highest needs;

(d) Support continued connection with the safety net system after an individual is discharged from hospitalization, the criminal justice system, an emergency department, or other behavioral health facilities, including withdrawal management facilities and jails, by building multi-sector, multi-system referral and outcome tracking into the care coordination system;

(e) Require contracted providers to use the statewide care coordination system, report on outcomes, including how and when individuals accessed care, and work collaboratively with the care coordination entity to ensure individuals receive needed services in a timely manner; and

(f) Any other duties required by law or the BHA.

(6) Beginning January 2025, and each January thereafter, the department of health care policy and financing shall assess the care coordination services provided by managed care entities and provide a report as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203. At a minimum, the report must include:

(a) The number of individuals served by each managed care entity through care coordination;

(b) Data on care coordination services provided by each managed care entity, including follow-up contacts to ensure clients were connected to services;

(c) Data on efforts made to reconnect with individuals who did not initially follow through on care coordination services;

(d) Data on referrals to community-based services and follow-up services by each managed care entity for individuals served through care coordination services; and

(e) Data on the utilization of care navigation services pursuant to subsection (9) of this section in accordance with state and federal health-care privacy laws.

(7) The BHA and any person that receives money from the state department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(8) Repealed.

(9) Care navigation program. (a) As used in this section, "engaged client" means an individual who is interested in and willing to engage in substance use disorder treatment and recovery services or other treatment services either for the individual or an affected family member or friend.

(b) Subject to available appropriations, the BHA shall implement a care navigation program to assist engaged clients in obtaining access to treatment for substance use disorders. At a minimum, services available statewide must include independent screening of the treatment needs of the engaged client using nationally recognized screening criteria to determine the correct level of care; the identification of licensed or accredited substance use disorder treatment options, including social and medical detoxification services, medication-assisted treatment, and inpatient and outpatient treatment programs; and the availability of various treatment options for the engaged client.

(c) To implement the care navigation program, the BHA shall, directly or through contract, provide care navigation services and align the care navigation services with the care coordination infrastructure established pursuant to this section.

(d) The state board may promulgate any rules necessary to implement the care navigation program.
C.R.S. § 27-67-107 — CO Code / Title 27 / Article 67 / Section 27-67-107
27-67-107. Dispute resolution - rules
Status: in_force

27-67-107. Dispute resolution - rules. (1) The BHA shall utilize, when appropriate, established grievance and dispute resolution processes in order to assure that parents have access to mental health services on behalf of their children.

(2) The state board of human services shall promulgate rules to assure that a grievance process is available to parents concerning the provision of mental health services and to assure that a dispute resolution process is available for disputes between the county departments and mental health agencies.
C.R.S. § 27-66-106 — CO Code / Title 27 / Article 66 / Section 27-66-106
27-66-106. Federal grants-in-aid and other grants for mental health and integrated behavior
Status: repealed

27-66-106. Federal grants-in-aid and other grants for mental health and integrated behavioral health services - administration. (Repealed)