Editor's note: This section was originally enacted in 2004; however section 2
of chapter 328, Session Laws of Colorado 2004, provided that this section would
only take effect if the department of human services provided written notice to the
revisor of statutes that potential partners for a merger with the Colorado mental
health institute were identified. No such notification was received by the revisor of
statutes, therefore this section as it appeared in the 2004 Colorado Revised
Statutes did not take effect.
26-1-132. Department of human services - rate setting - residential
treatment service providers - monitoring and auditing - report.
(1)In conjunction
with the group of representatives convened by the state department pursuant to
section 26-5-104 (6)(e), (6)(g), and (6)(i)
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Editor's note: This section was originally enacted in 2004; however section 2
of chapter 328, Session Laws of Colorado 2004, provided that this section would
only take effect if the department of human services provided written notice to the
revisor of statutes that potential partners for a merger with the Colorado mental
health institute were identified. No such notification was received by the revisor of
statutes, therefore this section as it appeared in the 2004 Colorado Revised
Statutes did not take effect.
26-1-132. Department of human services - rate setting - residential
treatment service providers - monitoring and auditing - report. (1) In conjunction
with the group of representatives convened by the state department pursuant to
section 26-5-104 (6)(e), (6)(g), and (6)(i) to review the rate-setting process for child
welfare services, the state department shall develop a rate-setting process
consistent with medicaid requirements for providers of residential treatment
services in Colorado. The department of health care policy and financing shall
approve the rate-setting process for rates funded by medicaid. The rate-setting
process developed pursuant to this section may include:
(a) A range that represents a base-treatment rate for serving a child who is
subject to out-of-home placement due to dependency and neglect, a child placed in
a residential child care facility pursuant to the Children and Youth Mental Health
Treatment Act, article 67 of title 27, or a child who has been adjudicated a
delinquent, which includes a defined service package to meet the needs of the
child;
(b) A request for proposal to contract for specialized service needs of a child,
including but not limited to: Substance use disorder treatment and recovery
services, sex offender services, and services for the intellectually and
developmentally disabled; and
(c) Negotiated incentives for achieving outcomes for the child as defined by
the state department, counties, and providers.
(2) In auditing residential treatment providers, the state department shall
apply compliance requirements and monitoring functions consistently across all
division and monitoring teams.
(3) The rate-setting process developed by the state department, counties,
and providers and approved by the department of health care policy and financing
pursuant to subsection (1) of this section shall include a two- or three-year
implementation timeline with implementation beginning in state fiscal year 2008-09.
(4) (a) Repealed.
(b) The department of health care policy and financing and the state
department, in consultation with the group of representatives convened by the
state department pursuant to section 26-5-104 (6)(e) to review the rate-setting
process for child welfare services, shall review the rate-setting process every two
years and shall submit any changes to the joint budget committee of the general
assembly.
(5) The state department, in collaboration with the behavioral health
administration and the department of health care policy and financing, shall
develop a capacity plan for whenever a residential treatment facility for children
and youth that is licensed by the state department closes or has a substantive
change in operation. The state department shall include updates on the capacity
plan during the state department's SMART Act hearing.
Source: L. 2005: Entire section added, p. 115, � 1, effective August 8. L. 2006: (1), (3), and (4) amended, p. 1992, � 19, effective July 1. L. 2007: (1)(a), (3), and (4)
amended, p. 618, � 3, effective August 3. L. 2010: (1)(a) amended, (SB 10-175), ch.
188, p. 802, � 71, effective April 29. L. 2016: IP(1), (1)(a), and (4) amended, (SB 16-201), ch. 171, p. 541, � 1, effective May 18. L. 2017: (1)(b) amended, (SB 17-242), ch.
263, p. 1331, � 214, effective May 25; (4)(a) amended, (SB 17-234), ch. 154, p. 521, �
7, effective August 9. L. 2018: (1)(a) amended, (HB 18-1094), ch. 343, p. 2044, � 11,
effective June 30. L. 2021: IP(1) amended, (SB 21-278), ch. 344. p. 2244, � 5,
effective June 25; (1)(b) amended, (HB 21-1021), ch. 256, p. 1511, � 8, effective
September 7. L. 2023: (5) added, (HB 23-1269), ch. 377, p. 2266, � 6, effective June
5.