As used in this article 50, unless the context
otherwise requires:
(1) Behavioral health refers to an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health
issues and disorders include substance use disorders, mental health disorders,
serious psychological distress, serious mental disturbance, and suicide and range
from unhealthy stress or subclinical conditions to diagnosable and treatable
diseases. Behavioral health also describes service systems that encompass
promotion of emotional health and prevention and treatment services for mental
health disorders and substance use disorders.
(2) Behavioral health administration or BHA means the behavioral health
administration established in section 27-50-102.
(3) Behavioral health disorder means an alcohol use disorder, a mental
health disorder, or a substance use disorder.
(4) Behavioral health entity means a facility or provider organization
engaged in providing community-based health services, which may include services
for a behavioral health disorder but does not include detention and commitment
facilities operated by the division of youth services within the department of human
services or services provided by a licensed or certified mental health-care provider
under the provider's individual professional practice act on the provider's own
premises.
(5) Behavioral health program means the specific services and
administration of those services by a behavioral health provider.
(6) Behavioral health provider means a recovery community organization as
defined in section 27-80-126, a recovery support services organization as defined in
section 27-60-108, or a licensed organization or professional providing diagnostic,
therapeutic, or psychological services for behavioral health conditions. Behavioral
health providers include a residential child care facility, as defined in section 26-6-903 (29), and a federally qualified health center.
(7) Behavioral health safety net provider means comprehensive community
behavioral health providers and essential behavioral health safety net providers. A
community mental health center pursuant to 42 U.S.C. sec. 300x-2(c) that is
licensed as a behavioral health entity may apply to be approved as a comprehensive
community behavioral health provider, an essential behavioral health safety net
provider, or both.
(8) Behavioral health safety net services means the specific behavioral
health services for children, youth, and adults that must be provided statewide
pursuant to part 3 of this article 50.
(8.5) Boarding means when a child or youth under twenty-one years of age
has been waiting longer than twelve hours to be placed in an appropriate treatment
setting after being clinically assessed and determined to be in need of inpatient
psychiatric treatment and received a determination from a licensed provider of
medical stability without the need for urgent medical assessment or hospitalization
for a physical condition.
(9) Commissioner means the commissioner of the behavioral health
administration appointed pursuant to section 27-50-103.
(10) Community-based means outside of a hospital, psychiatric hospital,
detention and commitment facility operated by the division of youth services within
the department of human services, or nursing home.
(11) Comprehensive community behavioral health provider means a
licensed behavioral health entity or behavioral health provider approved by the
behavioral health administration to provide care coordination and the following
behavioral health safety net services, either directly or through formal agreements
with behavioral health providers in the community or region:
(a) Emergency and crisis behavioral health services;
(b) Mental health and substance use outpatient services;
(c) Behavioral health high-intensity outpatient services;
(d) Care management;
(e) Outreach, education, and engagement services;
(f) Mental health and substance use recovery supports;
(g) Repealed.
(h) Outpatient competency restoration; and
(i) Screening, assessment, and diagnosis, including risk assessment, crisis
planning, and monitoring to key health indicators.
(11.5) Covered entity means an entity subject to HIPAA.
(12) Department means the department of human services created
pursuant to section 26-1-105.
(13) Essential behavioral health safety net provider means a licensed
behavioral health entity or behavioral health provider approved by the behavioral
health administration to provide care coordination and at least one of the following
behavioral health safety net services:
(a) Emergency or crisis behavioral health services;
(b) Behavioral health outpatient services;
(c) Behavioral health high-intensity outpatient services;
(d) Behavioral health residential services;
(e) Withdrawal management services;
(f) Behavioral health inpatient services;
(g) Integrated care services;
(h) Hospital alternatives; or
(i) Additional services that the behavioral health administration determines
are necessary in a region or throughout the state.
(13.5) Extended stay means when a child or youth under twenty-one years
of age has been waiting longer than seventy-two hours to be discharged from an
acute level of inpatient psychiatric care to a less intensive or less restrictive
clinically appropriate level of psychiatric care, including a discharge home or to a
home-like setting with behavioral health supports.
(13.7) Friends and family input form means a form created pursuant to
section 27-50-110 to allow family and friends to provide health or background
information about an individual receiving mental health or substance use services.
(14) Health information organization network has the same meaning as
defined in section 25-3.5-103 (8.5).
(14.5) HIPAA means the federal Health Insurance Portability and
Accountability Act of 1996, 42 U.S.C. secs. 1320d to 1320d-9, as amended.
(15) Mental health disorder means one or more substantial disorders of the
cognitive, volitional, or emotional processes that grossly impairs judgment or
capacity to recognize reality or to control behavior.
(16) Primary prevention means activities and strategies used to intervene
before health effects occur through measures that prevent the onset of addiction,
delay initial use of alcohol, marijuana, and tobacco, deter the use of illegal drugs,
and promote health and wellness.
(17) (a) Priority populations means people who are:
(I) Uninsured, underinsured, medicaid-eligible, publicly insured, or whose
income is below thresholds established by the BHA; and
(II) Presenting with acute or chronic behavioral health needs, including but
not limited to individuals who have been determined incompetent to stand trial,
adults with serious mental illness, and children and youth with serious emotional
disturbance.
(b) The BHA shall further identify underserved populations meeting the
criteria of subsection (17)(a) of this section for specific prioritization on a regional or
statewide basis based on health equity data, including but not limited to people
experiencing or at risk of homelessness; children and youth at risk of out-of-home
placement and their parents; people involved with the criminal or juvenile justice
system; people of color; American Indians; Alaska natives; veterans; people who are
pregnant; people who are lesbian, gay, bisexual, transgender, or queer or
questioning; and individuals with disabilities as defined by the federal Americans
with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended. The BHA
shall also consider input directly from behavioral health providers that are
culturally and linguistically representative of the populations they serve. The BHA
shall consider recommendations from the behavioral health administrative services
organizations, the advisory council, and regional subcommittees in identifying
subpopulations.
(18) (a) State agency means any state department, state office, or state
division in Colorado that administers a behavioral health program.
(b) State agency does not include the judicial branch of state government.
(19) State board means the state board of human services created
pursuant to section 26-1-107.
(20) Substance use disorder means a chronic relapsing brain disease,
characterized by recurrent use of alcohol, drugs, or both, causing clinically
significant impairment, including health problems, disability, and failure to meet
major responsibilities at work, school, or home.
(21) Substance use disorder program means a program for the
detoxification, withdrawal, maintenance, or treatment of a person with a substance
use disorder.