House Bill 25-1124

BY REPRESENTATIVE(S) Rydin, Joseph, Titone, Woodrow;

also SENATOR(S) Michaelson Jenet and Simpson, Amabile, Ball, Cutter, Exum, Jodeh, Coleman.

Concerning updates to the universal contracting provision requirements for the delivery of behavioral health safety net services.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Legislative declaration. (1)  The general assembly finds that:

(a)  Access to behavioral health services is critical for addressing the behavioral health needs of individuals in Colorado;

(b)  The universal contracting provisions provide a mechanism for reducing administrative burdens, which can negatively impact access to behavioral health services; and

(c)  The universal contracting provisions assist in ensuring consistency across the behavioral health safety net system for those seeking to access high-quality care.

(2)  Therefore, the general assembly declares that in order to accomplish the intent of these universal contracting provisions, the existing requirements must be streamlined and simplified.

SECTION 2.  In Colorado Revised Statutes, 27-50-203, amend (1) and (2) as follows:

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 safety net services in the state. The universal contracting provisions shallmust provide clear, standardized requirements addressing at least the following:

(a)  Minimum data collection standards 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) (c)  Consequences for not meeting contract requirements; and

(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) (d)  Utilization of required tools or programs that improve quality outcomes, accessibility of social determinants of health supports, affordability, referral efficiency, or other state priorities;Ensuring individuals are connected to the services the individuals require within the behavioral health safety net system.

(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.The universal contracting provisions do not require the expansion of data collection beyond the data already being collected by a state agency, tribal government, or a contractor.

SECTION 3.  Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.