§ 27-50-106 — Transfer of functions

Colorado § 27-50-106

• Jurisdiction: Colorado
• Title 27: Behavioral
• Art.: Behavioral Health Administration

Text

(1) The powers, duties, and functions
previously administered by the department of public health and environment
concerning licensing behavioral health entities pursuant to article 27.6 of title 25
shall transfer to the BHA over a period of two years, with all functions fully
transferred to the BHA by January 1, 2025, as follows:

(a) The department of public health and environment shall continue issuing
and renewing behavioral health entity licenses until September 30, 2023, after
which date the department of public health and environment shall not renew or
confer any new behavioral health entity licenses. Behavioral health entities that are
licensed by the department of public health and environment are subject to the
rules and orders of the department of public health and environment until such
rules and orders are revised, amended, repealed, or nullified. The department of
public health and environment shall continue compliance monitoring and
enforcement activities until all licenses the department of public health and
environment has conferred are expired, revoked, or surrendered, but not after
December 31, 2025.

(b) On July 1, 2023, the department of public health and environment shall
transfer any applications pending as of that date to the BHA for disposition.

(c) On July 1, 2023, the BHA shall begin licensing functions for all new or
renewal behavioral health entity licenses. Behavioral health entities that are
licensed by the BHA are subject to the rules and orders of the state board of human
services, including those transferred and not repealed.

(d) Rules concerning behavioral health entities promulgated by the state
board of human services pursuant to this section only apply to those behavioral
health entities that are licensed by the BHA.

(2) No later than July 1, 2024, all behavioral health entities must be licensed
by, and in compliance with the rules and orders of, the state board of human
services.

(3) The department of public health and environment and the BHA shall
coordinate to ensure that the oversight and licensing of behavioral health entities
transfers smoothly between the department of public health and environment and
the BHA without any delays in oversight or related duties.

Legislative History

Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1452, � 1, effective July 1. L. 2023: IP(1) and (1)(a) amended, (HB 23-1236), ch. 206, p. 1058, � 20, effective May 16.