CO Code § 27-60-108 (2021)
2021 Colorado Code|Title 27 - Behavioral Health|Article 60 - General Provisions|Part 1 - General Provisions|§ 27-60-108. Peer Support Professionals - Cash Fund - Fees - Requirements - Rules - Legislative Declaration - Definitions

     The general assembly hereby finds and declares that:   Peer support professionals help people achieve their recovery goals through shared understanding, respect, and empowerment. Peer support offers a form of acceptance, understanding, and validation not often found in other professional relationships.    The federal centers for medicare and medicaid services recognize that peer support professionals can be an important component in a state's delivery of effective mental health and substance use disorder treatment;    Peer support services can cut hospitalizations, increase a person's engagement in self-care and wellness, and help to decrease a person's psychotic symptoms;    The COVID-19 pandemic has exacerbated Colorado's existing behavioral health workforce shortage, particularly in rural areas and communities of color;    Colorado lacks a behavioral health workforce that reflects the culture, ethnicity, sexual orientation, gender identity, mental health service experiences, and substance use disorder experiences of individuals in the state;    In the past two years, the number of people who have needed but have not received behavioral health services has nearly doubled. Challenges to the workforce is considered the leading cause for the decreased availability of behavioral health services. Peer support professionals can help fill Colorado's workforce need.    The substance abuse and mental health services administration has identified peer-run organizations as an evidence-based practice. Peer-run organizations may offer a variety of services, including but not limited to:   Peer-run drop-in centers;    Recovery and wellness centers;    Employment services;    Prevention and early intervention activities;    Peer mentoring for children and adolescents;    Warm lines; or    Advocacy services.       Peer-run organizations, including recovery community organizations, are important components in Colorado's behavioral health system. These organizations help individuals define their life goals and find a unique path toward recovery in a holistic manner.       The general assembly finds, therefore, that it is in the best interest of the state to support the peer support professional workforce through the creation of peer-run recovery support services organizations. Peer-run and peer-led organizations will help expand peer support services throughout the state, expand the behavioral health workforce, and save the state money by reducing the need for crisis services.       As used in this section, unless the context otherwise requires:   “Licensed mental health provider” means a:   Mental health professional licensed or certified pursuant to article 245 of title 12, except for unlicensed psychotherapists pursuant to article 245 of title 12;    Advanced practice registered nurse registered pursuant to section 12-255-111 with training in substance use disorders or mental health;    Physician assistant licensed pursuant to section 12-240-113 with specific training in substance use disorders or mental health;    Psychiatric technician licensed pursuant to article 295 of title 12; and    Medical doctor or doctor of osteopathy licensed pursuant to article 240 of title 12.       “Peer support professional” means a peer support specialist, recovery coach, peer and family recovery support specialist, peer mentor, family advocate, or family systems navigator who meets the qualifications described in subsection (3)(a)(III) of this section.    “Recovery support services organization” means an independent entity led and governed by representatives of local communities of recovery and approved by the executive director of the state department pursuant to subsection (3)(a) of this section.         On or before July 1, 2022, the state department shall develop a procedure for recovery support services organizations to be approved by the executive director of the state department for reimbursement pursuant to this section. The procedures must ensure that the recovery support services organization:   Provides recovery-focused services and supports;    Employs or contracts with a licensed mental health provider to administer on-going supervision of peer support professionals employed by recovery support services organizations. The licensed mental health provider must be in good standing and must demonstrate having received formal training specific to the provision of peer support services and supervision of peer support professionals;    Employs or contracts with peer support professionals who must:   Self-identify as having experienced the process of recovery from a mental health disorder, substance use disorder, trauma, or one or all of such conditions, either as a consumer of recovery services or as the parent or a family member of the consumer;    Have successfully completed formal training covering all content areas outlined in the core competencies for peer support professionals established by either the state department or the substance abuse and mental health services administration of the United States department of health and human services; and    Provide nonclinical support services that align with recommendations from the substance abuse and mental health services administration of the United States department of health and human services, including engaging individuals in peer-to-peer relationships that support healing, personal growth, life skills development, self-care, and crisis-strategy development to help achieve recovery, wellness, and life goals;       Has an established process by which the organization coordinates its services with those rendered by other agencies to ensure an uninterrupted continuum of care to persons with behavioral health disorders; and    Meets any other standards as determined by rule of the executive director.       A peer support professional may provide services for a recovery support services organization in various clinical and nonclinical settings, including but not limited to:   Justice-involved settings;    Physical health settings, such as pediatrician or obstetric and gynecological health care offices;    Emergency departments;    Services delivered via telehealth;    Agencies serving homeless communities;    Peer respite homes;    School-based health centers; and    Home- and community-based settings.       The executive director of the state department, in collaboration with the department of health care policy and financing, may promulgate rules establishing minimum standards that recovery support services organizations must meet.       The state department may charge a fee for recovery support services organizations seeking approval pursuant to subsection (3)(a) of this section. If the executive director of the state department charges a fee to recovery support services organizations, the executive director shall promulgate rules to establish the fee at an amount not to substantially exceed the amount charged to other behavioral health providers seeking approval from the state department. The state department shall deposit any fees collected into the peer support professional workforce cash fund created in subsection (6) of this section.    The state department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The state department shall transfer each gift, grant, and donation to the state treasurer, who shall credit the same to the peer support professional workforce cash fund created in subsection (6) of this section.      There is created in the state treasury the peer support professional workforce cash fund, referred to in this section as the “fund”, which consists of:   Fees collected pursuant to subsection (4) of this section;    Gifts, grants, and donations collected pursuant to subsection (5) of this section; and    Money appropriated to the fund by the general assembly.       The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.    Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not transferred to the general fund or any other fund.    Subject to annual appropriation by the general assembly, the state department may expend state money from the fund for the purpose of implementing this section.       A peer-run recovery service provider shall not be compelled to seek approval from the state department to become a recovery support services organization. Expanded service funding available for recovery services through recovery support services organizations is intended to supplement existing state investment in the recovery system infrastructure. The state department shall fund recovery services, within existing appropriations, including peer-run organizations that do not seek to be recovery support services organizations.     History. Source: L. 2021: Entire section added, (HB 21-1021), ch. 256, p. 1505, § 1, effective September 7.