2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › BEHAVIORAL HEALTH (§§ 27-50-101 — 27-64.5-102) › Article 60 - GENERAL PROVISIONS (§§ 27-60-100.3 — 27-60-506) › Part 1 - GENERAL PROVISIONS (§§ 27-60-100.3 — 27-60-116) › Section 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.
Amended by 2022 Ch. 451,§41, eff. 8/10/2022.
Amended by 2022 Ch. 222,§90, eff. 7/1/2022.
Amended by 2020 Ch. 286,§52, eff. 7/13/2020.
Amended by 2020 Ch. 211,§1, eff. 6/30/2020.
Added by 2019 Ch. 175,§1, eff. 5/14/2019.
L. 2019: Entire section added, (HB 19-1287), ch. 2012, p. 2012, § 1, effective May 14. L. 2020: (8) amended and (9) repealed, (HB 20-1391), ch. 1026, p. 1026, § 1, effective June 30; (3)(e)(I) amended, (SB 20-007), ch. 1416, p. 1416, § 52, effective July 13.
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).