As used in this article 67, unless the context
otherwise requires:
(1)Behavioral health administration or BHA means the behavioral health
administration established in section 27-50-102.
(1.3) Behavioral health safety net provider has the same meaning as
defined in section 27-50-101.
(1.5) Care management includes, but is not limited to, consideration of the
continuity of care and array of services necessary for appropriately treating a child
or youth and the decision-making authority regarding the child's or youth's
placement in and discharge from behavioral health services.
(2)Child or youth at risk of out-of-home placement means a child or youth
who, although not otherwise categorically eligible for medicaid, meets the
following criteria:
(a)The child or youth has been d
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As used in this article 67, unless the context
otherwise requires:
(1) Behavioral health administration or BHA means the behavioral health
administration established in section 27-50-102.
(1.3) Behavioral health safety net provider has the same meaning as
defined in section 27-50-101.
(1.5) Care management includes, but is not limited to, consideration of the
continuity of care and array of services necessary for appropriately treating a child
or youth and the decision-making authority regarding the child's or youth's
placement in and discharge from behavioral health services.
(2) Child or youth at risk of out-of-home placement means a child or youth
who, although not otherwise categorically eligible for medicaid, meets the
following criteria:
(a) The child or youth has been diagnosed as having a mental health disorder,
as defined in section 27-65-102;
(b) The child or youth requires a level of care that is provided in a residential
child care facility pursuant to section 25.5-6-903, or that is provided through
community-based programs, and who, without such care, is at risk of unwarranted
child welfare involvement or other system involvement, as described in section 27-67-102, in order to receive funding for treatment;
(c) If the child or youth is determined to be in need of placement in a
residential child care facility, he or she shall apply for supplemental security
income, but any determination for supplemental security income must not be a
criterion for a child or youth to receive services pursuant to this article 67;
(d) The child or youth is a person for whom there is no pending or current
action in dependency or neglect pursuant to article 3 of title 19; and
(e) The child or youth is younger than eighteen years of age, but he or she
may continue to remain eligible for services until his or her twenty-first birthday.
(2.5) Commissioner means the commissioner of the behavioral health
administration.
(3) Community-based care means any intervention that is designed to be
an alternative to residential or hospital level of care in which the child or youth
resides within a noninstitutional setting.
(4) Repealed.
(5) County department means the county or district department of human
or social services.
(6) Family advocate has the same meaning as provided in section 27-69-102 (5).
(7) Family systems navigator has the same meaning as provided in section
27-69-102 (5.5).
(8) First-level appeal means the initial process a medicaid member is
required to enact to contest a benefit, service, or eligibility decision made by
medicaid or a medicaid managed care entity.
(9) Medicaid child or youth who is at risk of out-of-home placement means
a child or youth who is categorically eligible for medicaid but who otherwise meets
the definition of a child or youth who is at risk of out-of-home placement as defined
in subsection (2) of this section.
(10) Mental health agency means a behavioral health services contractor
through the behavioral health administration serving children and youth statewide
or in a particular geographic area and with the ability to meet all expectations of
this article 67.
(11) Professional person means a person licensed to practice medicine in
this state, a psychologist certified to practice in this state, or a person licensed and
in good standing to practice medicine in another state or a psychologist certified to
practice and in good standing in another state who is providing medical or clinical
services at a treatment facility in this state that is operated by the armed forces of
the United States, the United States public health service, or the United States
department of veterans affairs.
(12) Repealed.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p.
708, � 2, effective April 29. L. 2017: IP, (2)(a), and IP(3) amended, (SB 17-242), ch.
263, p. 1350, � 247, effective May 25. L. 2018: Entire section R&RE, (HB 18-1094),
ch. 343, p. 2038, � 3, effective June 30; (5) amended, (SB 18-092), ch. 38, p. 453, �
139, effective August 8; (2)(b) amended, (HB 18-1328), ch. 184, p. 1244, � 7, effective
June 7, 2019. L. 2022: (1) and (10) amended, (1.5) and (2.5) added, and (12) repealed,
(HB 22-1278), ch. 222, p. 1545, � 136, effective July 1; (2)(a) amended, (HB 22-1256),
ch. 451, p. 3236, � 44, effective August 10; (1.3) added and (10) amended, (HB 22-1278), ch. 222, p. 1594, � 236, effective July 1, 2024; (4)(b) added by revision, (HB 22-1278), ch. 222, pp. 1594, 1605, �� 236, 263.