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 - data collection -
Page 3, Line 4legislative declaration. (1) (a) The general assembly finds that
Page 3, Line 5some Colorado communities utilize unique resources and model
Page 3, Line 6programs when responding to a behavioral health crisis,
Page 3, Line 7including co-responder programs, alternative response
Page 3, Line 8programs, and mobile crisis response programs. However, there
Page 3, Line 9is no repository of information about, nor a general
Page 3, Line 10understanding 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 consult with
Page 3, Line 16stakeholders to identify existing resources and model
Page 3, Line 17programs, compile the information, and make the information publicly available.
Page 3, Line 18(2) (a) No later than June 30, 2026, the department, in
Page 3, Line 19collaboration with the behavioral health administration in the
Page 3, Line 20department of human services, shall consult with stakeholders 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,
Page 4, Line 6including funding for treatment in place identified by stakeholders.
Page 4, Line 7(b) At a minimum, the stakeholders consulted with
Page 4, Line 8pursuant to subsection (2)(a) of this section must include
Page 4, Line 9representatives from communities that have existing resources
Page 4, Line 10and programs; comprehensive community behavioral health
Page 4, Line 11providers; essential behavioral health safety net providers
Page 4, Line 12that furnish crisis services; representatives from local
Page 4, Line 13programs relevant to the community, such as family resource
Page 4, Line 14centers, domestic violence programs, substance use treatment
Page 4, Line 15providers, and independent clinicians or qualified unlicensed
Page 4, Line 16independent providers; representatives certified in pediatric
Page 4, Line 17health care; representatives from agencies providing law
Page 4, Line 18enforcement and fire protection; representatives from an
Page 4, Line 19organization representing emergency medical services,
Page 4, Line 20emergency response services, or the state emergency medical
Page 4, Line 21and trauma services advisory council created in section
Page 4, Line 2225-3.5-104; and any other representatives the department and behavioral health administration determine are necessary.
Page 4, Line 23(3) (a) After consulting with the stakeholders pursuant
Page 4, Line 24to subsection (2)(a) of this section, but no later than June 30,
Page 5, Line 12026, the department shall compile a list of existing resources
Page 5, Line 2and model programs, and report reimbursement shortages and
Page 5, Line 3gaps identified by the stakeholders and develop
Page 5, Line 4recommendations for addressing the shortages and gaps. The
Page 5, Line 5department and the behavioral health administration shall
Page 5, Line 6make the resources, model programs, and recommendations publicly available on the department's website.
Page 5, Line 7(b) (I) In its 2027 annual report to the committees of
Page 5, Line 8reference made pursuant to section 2-7-203, the department
Page 5, Line 9shall provide a report on the information compiled and the
Page 5, Line 10analysis and recommendations developed pursuant to subsection (3)(a) of this section.
Page 5, Line 11(II) The department shall submit the report developed
Page 5, Line 12pursuant to subsection (3)(b)(I) of this section to any impacted state agency.
Page 5, Line 13(c) The department and the BHA shall continually update
Page 5, Line 14the resources and model programs compiled pursuant to
Page 5, Line 15subsection (3)(a) of this section, as the department determines is necessary.
Page 5, Line 16SECTION 2. In Colorado Revised Statutes, add 27-60-117 as follows:
Page 5, Line 1727-60-117. Crisis response continuum of care - reimbursement
Page 5, Line 18shortages and gaps - report - repeal. (1) On or before January 1,
Page 5, Line 192027, the behavioral health administration, in collaboration
Page 5, Line 20with the department of health care policy and financing shall
Page 5, Line 21provide information to the house of representatives health and
Page 5, Line 22human services committee and the senate health and human
Page 6, Line 1services committee, or their successor committees, and any
Page 6, Line 2impacted state agency, regarding the reimbursement shortages
Page 6, Line 3and gaps within the continuum of care for behavioral health
Page 6, Line 4crisis response, and reimbursement and funding options at the
Page 6, Line 5state and federal level that are available to address shortages and gaps, including funding for treatment in place.
Page 6, Line 6(2) This section is repealed, effective June 30, 2027.
Page 6, Line 7SECTION 3. In Colorado Revised Statutes, add 25.5-4-435 as follows:
Page 6, Line 825.5-4-435. Reimbursement for sixty-day stay.The state
Page 6, Line 9department shall reimburse an institution for mental diseases,
Page 6, Line 10as defined in 42 CFR 435.1010, for providing inpatient mental
Page 6, Line 11health treatment to a member for up to sixty days or to the extent permitted by federal law.
Page 6, Line 12SECTION 4. In Colorado Revised Statutes, 27-65-106, amend (6)(a); and add (7)(d) as follows:
Page 6, Line 1327-65-106. Emergency mental health hold - screening -
Page 6, Line 14court-ordered evaluation - discharge instructions - respondent's
Page 6, Line 15rights. (6) (a) Each person detained for an emergency mental health hold
Page 6, Line 16pursuant to this section shall receive an evaluation as soon as possible
Page 6, Line 17after the person is presented to the facility and shall receive such
Page 6, Line 18treatment and care as the person's condition requires for the full period
Page 6, Line 19that the person is held. The evaluation
mayPage 6, Line 20to determine if the person continues to meet the criteria for an emergency
Page 6, Line 21mental health hold and requires further mental health care in a facility
Page 6, Line 22designated by the commissioner. The evaluation must state whether the
Page 6, Line 23person should be released, referred for further care and treatment on a
Page 7, Line 1voluntary basis, or certified for short-term treatment pursuant to section 27-65-109.
Page 7, Line 2(7) (d) A hospital that is subject to the federal
Page 7, Line 3"Emergency Medical Treatment and Labor Act", 42 U.S.C. sec.
Page 7, Line 41395dd, shall only discharge a person placed on an emergency
Page 7, Line 5mental health hold if the person no longer meets the criteria
Page 7, Line 6for an emergency mental health hold; except that a hospital
Page 7, Line 7may transfer the person to another hospital if the hospital is
Page 7, Line 8unable to provide the appropriate medical or behavioral health
Page 7, Line 9care to the person and the receiving hospital agrees to the transfer.
Page 7, Line 11SECTION 5. Act subject to petition - effective date. This act
Page 7, Line 12takes effect at 12:01 a.m. on the day following the expiration of the
Page 7, Line 13ninety-day period after final adjournment of the general assembly; except
Page 7, Line 14that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 7, Line 15of the state constitution against this act or an item, section, or part of this
Page 7, Line 16act within such period, then the act, item, section, or part will not take
Page 7, Line 17effect unless approved by the people at the general election to be held in
Page 7, Line 18November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.