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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 group to identify:
Page 3, Line 21(I) 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 4, Line 1co-responder programs, alternative response programs, and mobile crisis response programs; and
Page 4, Line 2(II) The reimbursement shortages and gaps within the
Page 4, Line 3continuum of care for behavioral health crisis response, and
Page 4, Line 4reimbursement and funding options that are available at the
Page 4, Line 5state and federal level to address the shortages and gaps, including treatment for funding in place.
Page 4, Line 6(b) At a minimum, the stakeholder group must include
Page 4, Line 7representatives from communities that have existing resources
Page 4, Line 8and programs; representatives from local behavioral health
Page 4, Line 9programs, family resource centers, and domestic violence
Page 4, Line 10programs relevant to the community, such as essential
Page 4, Line 11providers, comprehensive community behavioral health
Page 4, Line 12providers, substance use treatment providers, mental
Page 4, Line 13health-care providers, and independent clinicians or qualified
Page 4, Line 14unlicensed independent providers; representatives certified in
Page 4, Line 15pediatric health care; and representatives from agencies
Page 4, Line 16providing law enforcement, fire protection, emergency medical
Page 4, Line 17services, emergency response services, emergency dispatch
Page 4, Line 18services; and any other representatives the department and behavioral health administration determine are necessary.
Page 4, Line 19(c) The department may convene the stakeholder group remotely.
Page 4, Line 20(3) (a) After convening the stakeholder group pursuant
Page 4, Line 21to subsection (2)(a) of this section, but no later than December
Page 4, Line 2231, 2025, the department shall compile a list of existing
Page 4, Line 23resources and model programs, and analyze reimbursement
Page 5, Line 1shortages and gaps and develop recommendations for
Page 5, Line 2addressing the shortages and gaps. The department shall make
Page 5, Line 3the resources, model programs, and recommendations publicly available on the department's website.
Page 5, Line 4(b) (I) In its 2026 annual report to the committees of
Page 5, Line 5reference made pursuant to section 2-7-203, the department
Page 5, Line 6shall provide a report on the information compiled and the
Page 5, Line 7analysis and recommendations developed pursuant to subsection (3)(a) of this section.
Page 5, Line 8(II) The department shall submit the report developed
Page 5, Line 9pursuant to subsection (3)(b)(I) of this section to any impacted state agency.
Page 5, Line 10(c) The department and the BHA shall continually update
Page 5, Line 11the resources and model programs compiled pursuant to
Page 5, Line 12subsection (3)(a) of this section, as the department determines is necessary.
Page 5, Line 13SECTION 2. In Colorado Revised Statutes, add 27-60-117 as follows:
Page 5, Line 1427-60-117. Crisis response continuum of care - reimbursement
Page 5, Line 15shortages and gaps - report - repeal. (1) On or before January 1,
Page 5, Line 162026, the behavioral health administration, in collaboration
Page 5, Line 17with the department of health care policy and financing shall
Page 5, Line 18provide information to the house of representatives health and
Page 5, Line 19human services committee and the senate health and human
Page 5, Line 20services committee, or their successor committees, and any
Page 5, Line 21impacted state agency, regarding the reimbursement shortages
Page 5, Line 22and gaps within the continuum of care for behavioral health
Page 6, Line 1crisis response, and reimbursement and funding options at the
Page 6, Line 2state and federal level that are available to address shortages and gaps, including funding for treatment in place.
Page 6, Line 3(2) This section is repealed, effective June 30, 2027.
Page 6, Line 4SECTION 3. In Colorado Revised Statutes, add 25.5-4-435 as follows:
Page 6, Line 525.5-4-435. Reimbursement for sixty-day stay.The state
Page 6, Line 6department shall reimburse an institution for mental diseases,
Page 6, Line 7as defined in 42 CFR 435.1010, for providing inpatient mental
Page 6, Line 8health treatment to a member for up to sixty days or to the extent permitted by federal law.
Page 6, Line 9SECTION 4. In Colorado Revised Statutes, 27-65-106, amend (6)(a); and add (7)(d) as follows:
Page 6, Line 1027-65-106. Emergency mental health hold - screening -
Page 6, Line 11court-ordered evaluation - discharge instructions - respondent's
Page 6, Line 12rights. (6) (a) Each person detained for an emergency mental health hold
Page 6, Line 13pursuant to this section shall receive an evaluation as soon as possible
Page 6, Line 14after the person is presented to the facility and shall receive such
Page 6, Line 15treatment and care as the person's condition requires for the full period
Page 6, Line 16that the person is held. The evaluation
mayPage 6, Line 17to determine if the person continues to meet the criteria for an emergency
Page 6, Line 18mental health hold and requires further mental health care in a facility
Page 6, Line 19designated by the commissioner. The evaluation must state whether the
Page 6, Line 20person should be released, referred for further care and treatment on a
Page 6, Line 21voluntary basis, or certified for short-term treatment pursuant to section 27-65-109.
Page 6, Line 22(7) (d) In accordance with the federal "Emergency
Page 7, Line 1Medical Treatment and Labor Act, 42 U.S.C sec. 1395dd, a
Page 7, Line 2facility shall only discharge a person placed on an emergency
Page 7, Line 3mental health hold if the person no longer meets the criteria
Page 7, Line 4for an emergency mental health hold; except that a facility
Page 7, Line 5may transfer the person to another facility if the facility is
Page 7, Line 6unable to provide the appropriate medical care to the person
Page 7, Line 7and the facility is designated by the BHA to provide care and treatment pursuant to article 65 of title 27.
Page 7, Line 9SECTION 5. Act subject to petition - effective date. This act
Page 7, Line 10takes effect at 12:01 a.m. on the day following the expiration of the
Page 7, Line 11ninety-day period after final adjournment of the general assembly; except
Page 7, Line 12that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 7, Line 13of the state constitution against this act or an item, section, or part of this
Page 7, Line 14act within such period, then the act, item, section, or part will not take
Page 7, Line 15effect unless approved by the people at the general election to be held in
Page 7, Line 16November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.