§ 27-63-105 — Safety net system implementation - safety net system criteria

(1) No later than January 1, 2024, the department shall implement the
comprehensive proposal and the funding model developed pursuant to section 27-63-104 (2), which shall meet the following criteria:

(a) The safety net system must not refuse to treat an individual, including
youth, based on the following:

(I) The individual's insurance coverage, lack of insurance coverage, or ability
or inability to pay for behavioral health services;

(II) The individual's clinical acuity level related to the individual's behavioral
health disorder, including whether the individual has been certified pursuant to
article 65 of this title 27;

(III) The individual's readiness to transition out of the Colorado mental health
institute at Pueblo, the Colorado mental health institute at Fort Logan, or any other
mental health institute because the individual no longer requires inpatient care and
treatment;

(IV) The individual's involvement in the criminal or juvenile justice system;

(V) The individual's current involvement in the child welfare system;

(VI) The individual's co-occurring mental health and substance use disorders,
physical disability, or intellectual or developmental disability; or

(VII) The individual's displays of aggressive behavior, or history of aggressive
behavior, as a result of a symptom of a diagnosed mental health disorder or
substance intoxication;

(b) The safety net system must:

(I) Proactively engage hard-to-serve individuals with adequate case
management and care coordination throughout the care continuum;

(II) Promote competency in de-escalation techniques;

(III) Utilize adequate networks for timely access to treatment, including high-intensity behavioral health treatment and community treatment for children, youth,
adults, and other individuals;

(IV) Require collaboration with all local law enforcement jurisdictions and
counties in the service area, including county departments of human or social
services;

(V) Triage individuals who need alternative services outside the scope of the
safety net system;

(VI) Promote patient-centered care and cultural awareness;

(VII) Update information as requested by the department about available
treatment options and outcomes in each region of the state;

(VIII) Utilize evidence-based or evidence-informed programming to promote
quality services; and

(IX) Meet any other criteria established by the department.

(2) The safety net system must have a network of behavioral health-care
providers that collectively offer a full continuum of services to ensure individuals
with severe behavioral health disorders are triaged in a timely manner to the
appropriate care setting if an individual behavioral health-care provider is unable to
provide ongoing care and treatment for the individual. The departent shall consider
behavioral health safety net providers, behavioral health administrative services
organizations, contractors for the statewide behavioral health crisis response
system, and other behavioral health community providers as key elements in the
behavioral health safety net system.

Legislative History

Source: L. 2019: Entire article added, (SB 19-222), ch. 226, p. 2269, � 6, effective May 20. L. 2022: (2) amended, (HB 22-1278), ch. 222, p. 1597, � 243, effective August 10.