A Bill for an Act
Page 1, Line 101Concerning measures to address Colorado's behavioral
Page 1, Line 102health crisis response.
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/.)
Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. No later than December 31, 2025, the bill requires the department of public safety (DPS), in collaboration with the behavioral health administration (BHA), to convene a stakeholder group to identify existing resources and model programs that communities throughout Colorado utilize when responding to behavioral health crises, including, but not limited to, co-responder programs, alternative response programs, and mobile crisis response programs. The bill requires DPS to compile a list of the existing resources and model programs and make the resources and information about the model programs publicly available on DPS's website.
The bill requires the department of health care policy and financing (HCPF), the department of public health and environment, and the BHA to provide information to the general assembly on or before January 1, 2027, regarding the reimbursement shortages and gaps within the continuum of care for the behavioral health crisis response system and the reimbursement and funding options at the state and federal level that are available to address the shortages and gaps, including funding for treatment in place.
Upon receiving the necessary federal authorization, the bill requires HCPF to reimburse an institute of mental health disease for providing inpatient mental health care and treatment to a member for up to 60 days, as long as the average length of stay does not exceed 30 days per calendar year.
Current law requires each person detained for an emergency mental health hold to receive an evaluation as soon as possible after the person is presented to a facility, and the evaluation may, but is not required to, include an assessment to determine if the person continues to meet the criteria for an emergency mental health hold and requires further mental health care in a facility designated by the commissioner. The bill requires the evaluation to include the assessment determination.
The bill requires a facility to only discharge a person placed on an emergency mental health hold if the person no longer meets the criteria for an emergency mental health hold; except that a facility may transfer the person to another facility if the facility is unable to provide the appropriate medical care to the person.
The bill requires the BHA to include in its annual report to the general assembly the reason for discharging each person who is placed on an emergency mental health hold.
No later than December 31, 2025, the bill requires each behavioral health entity, facility, and hospital to provide information to the BHA about the behavioral health entity's, facility's, or hospital's medical and behavioral health-care capabilities.
Beginning October 1, 2025, and continuing annually until October 1, 2030, the bill requires the BHA, in coordination with HCPF and the health information organization network, to prepare and submit a report to the general assembly on behavioral health data interoperability.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 1SECTION 1. In Colorado Revised Statutes, add 24-33.5-121 as follows:
Page 3, Line 224-33.5-121. Alternative response programs, co-responder
Page 3, Line 3programs, mobile crisis response programs - stakeholder group -
Page 3, Line 4data collection - legislative declaration. (1) (a) The general
Page 3, Line 5assembly finds that some Colorado communities utilize unique
Page 3, Line 6resources and model programs when responding to a behavioral
Page 3, Line 7health crisis, including co-responder programs, alternative
Page 3, Line 8response programs, and mobile crisis response programs.
Page 3, Line 9However, there is no repository of information about, nor a
Page 3, Line 10general understanding of, why the different resources and model programs work in each community.
Page 3, Line 11(b) Therefore, the general assembly declares that in
Page 3, Line 12order to encourage and assist other Colorado communities to
Page 3, Line 13develop resources and a model program specific to the
Page 3, Line 14community's needs, the department of public safety and the
Page 3, Line 15behavioral health administration shall convene a stakeholder
Page 3, Line 16group to identify existing resources and model programs,
Page 3, Line 17compile the information, and make the information publicly available.
Page 3, Line 18(2) (a) No later than December 31, 2025, the department,
Page 3, Line 19in collaboration with the behavioral health administration in
Page 3, Line 20the department of human services, shall convene a stakeholder
Page 3, Line 21group to identify existing resources and model programs that
Page 3, Line 22communities throughout Colorado utilize when responding to
Page 3, Line 23behavioral health crises, including, but not limited to,
Page 3, Line 24co-responder programs, alternative response programs, and mobile crisis response programs.
Page 4, Line 1(b) At a minimum, the stakeholder group must include
Page 4, Line 2representatives from communities that have existing resources
Page 4, Line 3and programs; representatives from community mental health
Page 4, Line 4centers; and representatives from agencies providing law
Page 4, Line 5enforcement, fire protection, emergency medical services,
Page 4, Line 6emergency response services, emergency dispatch services; and
Page 4, Line 7any other representatives the department and behavioral health administration determine are necessary.
Page 4, Line 8(3) (a) After convening the stakeholder group pursuant
Page 4, Line 9to subsection (2)(a) of this section, the department shall compile
Page 4, Line 10a list of existing resources and model programs identified
Page 4, Line 11during the meeting and make the resources and information
Page 4, Line 12about the model programs publicly available on the department's website.
Page 4, Line 13(b) The department and the BHA shall continually update
Page 4, Line 14the resources and model programs compiled pursuant to
Page 4, Line 15subsection (3)(a) of this section, as the department determines is necessary.
Page 4, Line 16SECTION 2. In Colorado Revised Statutes, add 25.5-4-434 as follows:
Page 4, Line 1725.5-4-434. Crisis response continuum of care -
Page 4, Line 18reimbursement shortages and gaps - report - repeal. (1) On or
Page 4, Line 19before January 1, 2027, the state department, the department of
Page 4, Line 20public health and environment, and the behavioral health
Page 4, Line 21administration in the department of human services shall
Page 4, Line 22provide information to the house of representatives health and
Page 5, Line 1human services committee and the senate health and human
Page 5, Line 2services committee, or their successor committees, and any
Page 5, Line 3impacted state agency, regarding the reimbursement shortages
Page 5, Line 4and gaps within the continuum of care for the behavioral health
Page 5, Line 5crisis response system, and reimbursement and funding options
Page 5, Line 6at the state and federal level that are available to address shortages and gaps, including funding for treatment in place.
Page 5, Line 7(2) This section is repealed, effective June 30, 2027.
Page 5, Line 8SECTION 3. In Colorado Revised Statutes, add 25.5-4-435 as follows:
Page 5, Line 925.5-4-435. Reimbursement for sixty-day stay - federal
Page 5, Line 10authorization.Upon receiving the necessary federal
Page 5, Line 11authorization, the state department shall reimburse an
Page 5, Line 12institute of mental health disease for providing inpatient
Page 5, Line 13behavioral health care and treatment to a member for up to
Page 5, Line 14sixty days, as long as the average length of stay does not exceed thirty days per calendar year.
Page 5, Line 15SECTION 4. In Colorado Revised Statutes, 27-65-106, amend (6)(a); and add (7)(d) as follows:
Page 5, Line 1627-65-106. Emergency mental health hold - screening -
Page 5, Line 17court-ordered evaluation - discharge instructions - respondent's
Page 5, Line 18rights. (6) (a) Each person detained for an emergency mental health hold
Page 5, Line 19pursuant to this section shall receive an evaluation as soon as possible
Page 5, Line 20after the person is presented to the facility and shall receive such
Page 5, Line 21treatment and care as the person's condition requires for the full period
Page 5, Line 22that the person is held. The evaluation
mayPage 5, Line 23to determine if the person continues to meet the criteria for an emergency
Page 6, Line 1mental health hold and requires further mental health care in a facility
Page 6, Line 2designated by the commissioner. The evaluation must state whether the
Page 6, Line 3person should be released, referred for further care and treatment on a
Page 6, Line 4voluntary basis, or certified for short-term treatment pursuant to section 27-65-109.
Page 6, Line 5(7) (d) A facility shall only discharge a person placed on
Page 6, Line 6an emergency mental health hold if the person no longer meets
Page 6, Line 7the criteria for an emergency mental health hold; except that
Page 6, Line 8a facility may transfer the person to another facility if the
Page 6, Line 9facility is unable to provide the appropriate medical care to the person.
Page 6, Line 10SECTION 5. In Colorado Revised Statutes, 27-65-131, amend (1)(a)(III) as follows:
Page 6, Line 1127-65-131. Data report. (1) Beginning January 1, 2025, and each
Page 6, Line 12January 1 thereafter, the BHA shall annually submit a report to the
Page 6, Line 13general assembly on the outcomes and effectiveness of the involuntary
Page 6, Line 14commitment system described in this article 65, disaggregated by region,
Page 6, Line 15including any recommendations to improve the system and outcomes for
Page 6, Line 16persons involuntarily committed or certified pursuant to this article 65.
Page 6, Line 17The report must include aggregated and disaggregated nonidentifying individual-level data. At a minimum, the report must include:
Page 6, Line 18(a) The number of seventy-two-hour emergency mental health
Page 6, Line 19holds that occurred in the state and the number of people placed on a seventy-two-hour emergency mental health hold, including:
Page 6, Line 20(III) The disposition of each person placed on an emergency
Page 6, Line 21mental health hold and for each person discharged, the reason the
Page 6, Line 22person was discharged;
Page 7, Line 1SECTION 6. In Colorado Revised Statutes, add 27-50-306 as follows:
Page 7, Line 227-50-306. Reporting requirement - behavioral health and
Page 7, Line 3medical care capabilities - repeal. (1) No later than December 31,
Page 7, Line 42025, each behavioral health entity; facility, as defined in
Page 7, Line 5section 27-65-102; and hospital licensed pursuant to section
Page 7, Line 625-1.3-103 shall provide information to the BHA about the
Page 7, Line 7behavioral health entity's, facility's, or hospital's medical and
Page 7, Line 8behavioral health-care capabilities, including, but not limited
Page 7, Line 9to, whether the behavioral health entity, facility, or hospital
Page 7, Line 10is able to provide care and treatment for emergency mental
Page 7, Line 11health holds, substance use disorders, long-term
Page 7, Line 12hospitalization, detox services, intensive outpatient programs, and medical care.
Page 7, Line 13(2) This section is repealed, effective June 30, 2026.
Page 7, Line 14SECTION 7. In Colorado Revised Statutes, 27-50-204, add (3) as follows:
Page 7, Line 1527-50-204. Reporting. (3) Beginning October 1, 2025, and
Page 7, Line 16continuing annually until October 1, 2030, the BHA, in
Page 7, Line 17coordination with the department of health care policy and
Page 7, Line 18financing and the health information organization network, as
Page 7, Line 19defined in section 25-35-103, shall prepare and submit a report on
Page 7, Line 20behavioral health data interoperability to the house of
Page 7, Line 21representatives health and human services committee and the
Page 7, Line 22senate health and human services committee, or their successor committees. At a minimum, the report must include:
Page 7, Line 23(a) A description of how the BHA is currently leveraging
Page 8, Line 1the health information organization network to meet the
Page 8, Line 2requirements of section 27-50-201 and to promote the
Page 8, Line 3interoperable exchange of data to improve the quality of patient care, as described in section 27-50-105 (5), including:
Page 8, Line 4(I) The extent to which behavioral health providers,
Page 8, Line 5including facilities that provide inpatient treatment pursuant
Page 8, Line 6to section 27-65-106 and facilities regulated by 42 CFR 2, are
Page 8, Line 7connected to the health information organization networks to view and exchange health information data; and
Page 8, Line 8(II) The role of health information organizations in
Page 8, Line 9supporting providers to meet reporting requirements, including for value-based payments and quality improvement;
Page 8, Line 10(b) Plans to increase the interoperable exchange of data
Page 8, Line 11between behavioral health providers, including consideration of the following:
Page 8, Line 12(I) The care coordination and treatment planning needs
Page 8, Line 13of individuals in crisis, including those who have had repeated hospitalizations pursuant to section 27-65-106;
Page 8, Line 14(II) Strategies that have been implemented to incentivize
Page 8, Line 15and support physical health providers' participation in the
Page 8, Line 16health information organization networks and how those may
Page 8, Line 17be replicated or modified to incentivize behavioral health providers; and
Page 8, Line 18(III) Existing functionality in the health information
Page 8, Line 19organization network that could be leveraged to better meet the needs of individuals with behavioral health disorders; and
Page 8, Line 20(c) Recommendations to remove barriers and increase the
Page 9, Line 1interoperable exchange of data between behavioral health
Page 9, Line 2providers, including consideration of costs to providers and opportunities to maximize federal funding.
Page 9, Line 3SECTION 8. Act subject to petition - effective date. This act
Page 9, Line 4takes effect at 12:01 a.m. on the day following the expiration of the
Page 9, Line 5ninety-day period after final adjournment of the general assembly; except
Page 9, Line 6that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 9, Line 7of the state constitution against this act or an item, section, or part of this
Page 9, Line 8act within such period, then the act, item, section, or part will not take
Page 9, Line 9effect unless approved by the people at the general election to be held in
Page 9, Line 10November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.