2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › BEHAVIORAL HEALTH (§§ 27-50-101 — 27-64.5-102) › Article 50 - BEHAVIORAL HEALTH ADMINISTRATION (§§ 27-50-101 — 27-50-903) › Part 3 - BEHAVIORAL HEALTH SAFETY NET SYSTEM (§§ 27-50-301 — 27-50-305) › Section 27-50-301 - Behavioral health safety net system implementation

(1)
No later than July 1, 2024, the BHA, in collaboration with the department of health care policy and financing and the department of public health and environment, shall establish a comprehensive and standardized behavioral health safety net system throughout the state that must include behavioral health safety net services for children, youth, and adults, including adults who have a serious mental illness and children and youth who have a serious emotional disturbance, along a continuum of care.
(2)
The BHA shall ensure that all Coloradans have access to the behavioral health safety net system, which must:
(a)
Proactively engage priority populations with adequate case management and care coordination throughout the care continuum;
(b)
Promote competency in de-escalation techniques;
(c)
Develop, maintain, and utilize adequate networks for timely access to treatment, including high-intensity behavioral health treatment and community-based treatment for children, youth, and adults;
(d)
Require collaboration with all state and local law enforcement jurisdictions and counties in the service area, including judicial districts and county departments of human or social services;
(e)
Triage individuals who need services outside the scope of the behavioral health safety net system;
(f)
Incorporate and demonstrate trauma-informed care practices;
(g)
Promote patient-centered care and cultural awareness;
(h)
Update information as requested by the BHA about available treatment options and outcomes in each region of the state;
(i)
Prioritize relevant programs or services eligible for federal grants or reimbursement, including relevant programs or services identified in the federal Title IV-E prevention services clearinghouse;
(j)
Utilize evidence-based or evidence-informed programming to promote quality services; and
(k)
Meet any other criteria established by the BHA.
(3)
In establishing the standardized and comprehensive behavioral health safety net system, the BHA shall:
(a)
In collaboration with state agencies and the advisory council created pursuant to section
27-50-701
, establish and routinely assess what types of behavioral health services are provided on a community, regional, and statewide basis for children, youth, and adults. The BHA shall ensure that, at a minimum, the following behavioral health safety net services are available for children, youth, and adults statewide:
(I)
Emergency or crisis behavioral health services;
(II)
Mental health and substance use outpatient services;
(III)
Behavioral health high-intensity outpatient services;
(IV)
Behavioral health residential services;
(V)
Withdrawal management services;
(VI)
Behavioral health inpatient services;
(VII)
Mental health and substance use recovery supports;
(VIII)
Integrated care services;
(IX)
Care management;
(X)
Outreach, education, and engagement services;
(XI)
Outpatient competency restoration;
(XII)
Care coordination;
(XIII)
Hospital alternatives;
(XIV)
Screening, assessment, and diagnosis, including risk assessment, crisis planning, and monitoring to key health indicators; and
(XV)
Additional services that the BHA determines are necessary in a region or throughout the state.
(b)
When routinely assessing the services available regionally and statewide, as required in subsection (3)(a) of this section, assess adequacy of funding and resources necessary to implement the behavioral health system plan pursuant to section
27-50-204
;
(c)
Set clinical and practice standards and health, safety, and welfare standards, including standards specific to children and youth, when appropriate, through the licensing of behavioral health entities and the approval of behavioral health safety net providers;
(d)
Establish statewide, regional, and local behavioral health network adequacy standards, including standards specific to children and youth, when appropriate; and
(e)
Implement a behavioral health administrative services organization structure pursuant to part 4 of this article 50.
(4)
Except as provided in section
27-50-303
, behavioral health safety net providers shall not refuse to treat an individual based on the individual's:
(a)
Insurance coverage, lack of insurance coverage, or ability to pay;
(b)
Clinical acuity level related to the individual's behavioral health condition or conditions, including whether the individual has been certified for short-term treatment or long-term care and treatment pursuant to article
65
of this title 27;
(c)
Readiness to transition out of the Colorado mental health institute at Pueblo, the Colorado mental health institute at Fort Logan, or any other mental health institute or licensed facility providing inpatient psychiatric services or acute care hospital providing stabilization because the individual no longer requires inpatient care and treatment;
(d)
Involvement in the criminal or juvenile justice system;
(e)
Current involvement in the child welfare system;
(f)
Co-occurring mental health and substance use disorders, physical disability, or intellectual or developmental disability, irrespective of primary diagnosis, co-occurring conditions, or if an individual requires assistance with activities of daily living or instrumental activities of daily living, as defined in section
12-270-104 (6)
;
(g)
Displays of aggressive behavior, or history of aggressive behavior, as a symptom of a diagnosed mental health disorder or substance use disorder;
(h)
Clinical presentation or behavioral presentation in any previous interaction with a provider;
(i)
Place of residence; or
(j)
Disability, age, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or tribal affiliation.
(5)
The BHA may promulgate rules or determine other appropriate processes to approve behavioral health providers as behavioral health safety net providers. Behavioral health providers that do not hold a license from the BHA but are otherwise licensed or authorized to provide behavioral health services in the state of Colorado are eligible to be approved as behavioral health safety net providers.
Amended by 2023 Ch. 206,§ 22, eff. 5/16/2023.
Added by 2022 Ch. 222, § 1, eff. 7/1/2022.