A Bill for an Act
Page 1, Line 101Concerning updating terminology related to behavioral
Page 1, Line 102health safety net providers.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)
Statutory Revision Committee. The definitions of "community mental health center" and "community mental health clinic" were repealed in House Bill 22-1278; however, references to the repealed definitions are still in statute. The bill changes the obsolete references to the repealed definitions.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 10-3.5-108, amend (3)(d) as follows:
Page 2, Line 310-3.5-108. Distributions - remittance of portion of proceeds.
Page 2, Line 4(3) (d) The executive director of the department of human services shall
Page 2, Line 5direct each certified capital company that reports to the division pursuant
Page 2, Line 6to
paragraph (b) of this subsection (3)Page 2, Line 7to transfer to one or more
approved community mental health clinics orPage 2, Line 8
approved community mental health centers, as defined in sectionPage 2, Line 9
27-66-101, C.R.S.Page 2, Line 10defined in section 27-50-101, an amount of money equal to one-half of
Page 2, Line 11the amount identified in
suchPage 2, Line 12purposes identified in sections 27-66-103 and 27-66-104 (3),
C.R.S.,C.R.S.Page 2, Line 13SECTION 2. In Colorado Revised Statutes, 12-245-217, amend (4) as follows:
Page 2, Line 1412-245-217. Scope of article - exemptions. (4) The provisions
Page 2, Line 15of section 12-245-703 do not apply to
employees of community mentalPage 2, Line 16
health centers or clinics as those centers or clinics are defined by sectionPage 2, Line 17
27-66-101Page 2, Line 18in section 27-50-101, but
personsPage 2, Line 19of employment as
employees of a facility defined by section 27-66-101Page 2, Line 20
arePage 2, Line 21SECTION 3. In Colorado Revised Statutes, 25.5-1-132, amend
Page 2, Line 22(1) as follows:
Page 3, Line 125.5-1-132. Report of medicaid reimbursement rates paid to
Page 3, Line 2comprehensive community behavioral health providers and
Page 3, Line 3independent providers - definition. (1) On or before August 15, 2022,
Page 3, Line 4the state department shall publish a behavioral health rates report of
Page 3, Line 5medicaid reimbursement rates for
providers of community mental healthPage 3, Line 6
centers, as defined in section 27-66-101 (2)Page 3, Line 7behavioral health providers, as defined in section 27-50-101, and
Page 3, Line 8independent mental health and substance abuse treatment providers, as
Page 3, Line 9described in subsection (2) of this section. The state department shall
Page 3, Line 10contract with an independent auditor to prepare the behavioral health rates
Page 3, Line 11report, as described in this subsection (1). The state department shall
Page 3, Line 12prepare, in coordination with the behavioral health rates report, a set of
Page 3, Line 13recommendations on creating equitable payment and payment models that
Page 3, Line 14minimize inappropriate payment variation in comparable behavioral
Page 3, Line 15health services between
the providers of community mental health centersPage 3, Line 16comprehensive community behavioral health providers and
Page 3, Line 17independent mental health and substance use treatment providers. The
Page 3, Line 18state department shall present the behavioral health rates report and
Page 3, Line 19recommendations to the house of representatives
public and behavioralPage 3, Line 20SECTION 4. In Colorado Revised Statutes, 25.5-4-403.1, amend (1)(a) as follows:
Page 3, Line 2125.5-4-403.1. Providers - comprehensive community
Page 3, Line 22behavioral health providers - cost reporting. (1) For the purposes of
Page 3, Line 23increased payment methodology transparency, no later than March 15, 2023, and each March 15 thereafter, the state department shall:
Page 3, Line 24(a) Publish cost reports for
community mental health centersPage 4, Line 1comprehensive community behavioral health providers, as defined in section 27-50-101;
Page 4, Line 2SECTION 5. In Colorado Revised Statutes, 25.5-5-301, amend (2)(a) as follows:
Page 4, Line 325.5-5-301. Clinic services. (2) Under the federal option for
Page 4, Line 4clinic services, Colorado has selected clinic services provided by the following:
Page 4, Line 5(a)
Community mental health centers or clinicsPage 4, Line 6community behavioral health providers, as defined in section 27-50-101;
Page 4, Line 7SECTION 6. In Colorado Revised Statutes, 25.5-6-113, amend (3)(b) as follows:
Page 4, Line 825.5-6-113. Health home - integrated services - contracting -
Page 4, Line 9legislative declaration - definitions. (3) (b) The health home may
Page 4, Line 10consist of a multi-disciplinary team, including primary care management
Page 4, Line 11providers, behavioral health-care providers, case managers, and providers
Page 4, Line 12of long-term services and supports, including, but not limited to, case
Page 4, Line 13management agencies, as defined in section 25.5-6-1702, nursing homes,
Page 4, Line 14alternative care facilities, day programs for the elderly, home care
Page 4, Line 15agencies,
community mental health centersPage 4, Line 16behavioral health providers, as defined in section 27-50-101, and hospice and palliative care centers.
Page 4, Line 17SECTION 7. In Colorado Revised Statutes, 27-65-118, amend (1)(a) as follows:
Page 4, Line 1827-65-118. Right to treatment - rules. (1) (a) Any person
Page 4, Line 19receiving an evaluation or treatment pursuant to this article 65 is entitled
Page 4, Line 20to medical and psychiatric care and treatment, with regard to services
Page 5, Line 1listed in
section 27-66-101Page 5, Line 2authorized by section 27-66-102, suited to meet the person's individual
Page 5, Line 3needs, delivered in such a way as to keep the person in the least restrictive
Page 5, Line 4environment, and delivered in such a way as to include the opportunity
Page 5, Line 5for participation of family members in the person's program of care and
Page 5, Line 6treatment, when appropriate. Nothing in this subsection (1)(a) creates any
Page 5, Line 7right with respect to any person other than the person receiving an
Page 5, Line 8evaluation, care, or treatment. The professional person and the agency or
Page 5, Line 9facility providing an evaluation, care, or treatment shall keep records
Page 5, Line 10detailing all care and treatment received by the person, and the records
Page 5, Line 11must be made available, upon the person's written authorization, to the
Page 5, Line 12person's attorney or the person's personal physician. The records are
Page 5, Line 13permanent records and must be retained in accordance with section 27-65-123 (4).
Page 5, Line 14SECTION 8. Act subject to petition - effective date. This act
Page 5, Line 15takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 16ninety-day period after final adjournment of the general assembly; except
Page 5, Line 17that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 18of the state constitution against this act or an item, section, or part of this
Page 5, Line 19act within such period, then the act, item, section, or part will not take
Page 5, Line 20effect unless approved by the people at the general election to be held in
Page 5, Line 21November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.