CO Code § 27-66-105 (2021)
2021 Colorado Code|Title 27 - Behavioral Health|Article 66 - Community Mental Health Services - Purchase|§ 27-66-105. Standards for Approval

  In approving or rejecting community mental health clinics for the purchase of behavioral or mental health services, the executive director shall:   [ ] Consider the adequacy of mental health services provided by such clinics, taking into consideration such factors as geographic location, local economic conditions, and availability of manpower;    Require that overall responsibility for the administration of a community mental health clinic be vested in a director who is a physician or a member of one of the mental health professions;    Require that the treatment programs of the clinic be under the overall direction of a psychiatrist who is a physician licensed to practice medicine in the state of Colorado;    Require that the clinic staff include, wherever feasible, other professional staff workers, such as psychologists, social workers, educational consultants, and nurses, with such qualifications, responsibilities, and time on the job as correspond with the size and capacity of the clinic. The clinic staff may include, with the approval of the executive director, such other nonprofessional persons as may be deemed necessary by the clinic board for the proper discharge of its functions.    Require that each clinic from which services may be purchased be under the control and direction of a county or community board of health, a board of directors or trustees of a corporation, for profit or not for profit, a regional mental health board, or a political subdivision of the state;    Consider the existence of facilities that provide an emphasis on the care and treatment of persons recently released from hospitals or facilities directed toward assisting persons with behavioral or mental health disorders in their adjustment to and functioning within society as a whole;    [ ] On and after July 1, 2022, require licensure by the department of public health and environment pursuant to section 25-27.6-104.       [ ] In approving or rejecting local general or psychiatric hospitals, community mental health centers, acute treatment units, and other agencies for the purchase of services not provided by local mental health clinics, including, but not limited to, twenty-four-hour and partial hospitalization, the executive director shall consider the following factors:   The general quality of care provided to patients by such agencies;    The organization of the medical staff to provide for the integration and coordination of the psychiatric treatment program;    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 of another qualified person;    The licensure by the department of public health and environment or another state agency where applicable;    The methods by which the agency coordinates its services with those rendered by other agencies to ensure an uninterrupted continuum of care to persons with behavioral or mental health disorders; and    The availability of such services to the general public.       [ ] In the purchase of services from community mental health centers, the executive director shall specify levels and types of inpatient, outpatient, consultation, education, and training services and expenditures and shall establish minimum standards for other programs of such centers that are to be supported with state funds.    [ ] In approving or rejecting behavioral health entities, community mental health clinics, community mental health centers, acute treatment units, local general or psychiatric hospitals, and other agencies for the purchase of services, the executive director shall ensure the agencies comply with federal financial participation requirements for department-administered programs.    Editor's note: This version of subsection (1)(a) is effective until July 1, 2022.  (a) (a) [ ] Consider the adequacy and quality of mental health services provided by such clinics, taking into consideration such factors as geographic location, local economic conditions, and availability of manpower;  Editor's note: This version of subsection (1)(a) is effective July 1, 2022. Editor's note: Subsection (1)(g) is effective July 1, 2022. Editor's note: This version of the introductory portion to subsection (2) is effective until July 1, 2022.  (2) [ ] In approving or rejecting local general or psychiatric hospitals, behavioral health entities, community mental health centers, acute treatment units, and other agencies for the purchase of services not provided by local mental health clinics, including, but not limited to, twenty-four-hour and partial hospitalization, the executive director shall consider the following factors:  Editor's note: This version of the introductory portion to subsection (2) is effective July 1, 2022. Editor's note: This version of subsection (3) is effective until July 1, 2022.  (3) (3) [ ] In the purchase of services from behavioral health entities or community mental health centers, the executive director shall specify levels and types of inpatient, outpatient, consultation, education, and training services and expenditures and shall establish minimum standards for other programs of such centers that are to be supported with state funds.  Editor's note: This version of subsection (3) is effective July 1, 2022. Editor's note: Subsection (4) is effective July 1, 2022.  History. Source: L. 2010: Entire article added with relocations,(SB 10-175), ch. 188, p. 704, § 2, effective April 29. L. 2017: IP(1), (1)(f), and (2)(e) amended,(SB 17-242), ch. 263, p. 1350, § 246, effective May 25. L. 2018: (1)(e) amended,(SB 18-096), ch. 44, p. 475, § 19, effective August 8. L. 2019: (1)(a), IP(2), and (3) amended and (1)(g) and (4) added,(HB 19-1237), ch. 413, p. 3643, § 16, effective July 1, 2022.    Editor's note:   This section is similar to former § 27-1-205 as it existed prior to 2010.   Cross references:   For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.   ANNOTATION   Subsection (1)(b) does not impose individual liability upon the director of a mental health center for acts or omissions of the center's staff. Bauer v. Southwest Denver Mental Health Center, 701 P.2d 114 (Colo. App. 1985) (decided prior to 2010 amendments to this article).