The act requires the department of health care policy and financing (department) to prepare a behavioral health rates report of medicaid reimbursement rates for community mental health providers and independent mental health and substance use treatment providers. The department shall hire an independent auditor to prepare the behavioral health rates report. The department shall, in coordination with the behavioral health rates report, prepare recommendations to create equitable payment models between providers of community mental health centers and independent mental health and substance use treatment providers providing comparable behavioral health services. The department shall present the behavioral health rates report and recommendations to the house of representatives public and behavioral health and human services committee. The audit conducted must reflect data from state fiscal year 2020-21 and include a determination and recommendations on the adequacy of reimbursement rates paid to medicaid mental health providers. The department shall present an action plan to implement changes to reimbursement rates based on the findings of the audit to the joint budget committee before November 15, 2022. The department shall also prepare an annual progress report on the state's progress in implementing the action plan and provide an update at the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing on or before August 1, 2023, and annually thereafter through August 1, 2025. The act requires the department to fully implement the action plan no later than December 31, 2025. The department shall publish an annual cost report on or before March 15, 2023, and each year thereafter. The department shall establish a cost report template and cost reporting schedule to assist community mental health centers in relaying cost information to the state department. The department shall establish a transparency report that translates the cost report data into meaningful and actionable information to ensure equity in provider compensation and adequate access to care for medicaid members. The department shall redact certain information from the cost reports to ensure compliance with state and federal privacy laws. The department shall create a publicly accessible website providing information on the behavioral health rates reports and information to assist the public, medicaid providers, and medicaid members in understanding the published information. (Note: This summary applies to this bill as enacted.)
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No later than July 1, 2023, the act requires each administrative unit to adopt a policy that addresses how a student who has a prescription from a qualified health-care provider for medically necessary treatment receives such treatment in the school setting as required by applicable federal and state laws. The act requires the administrative unit to make the policy publicly available on the administrative unit's website and available to the student's parent or legal guardian upon request. Beginning July 1, 2024, and each July thereafter, the act requires each administrative unit to compile and provide to the department of education (department) the total number of requests for access to a student by a private health-care specialist and whether the access was authorized or denied. Beginning January 2025, and each January thereafter, the act requires the department to make the information reported available on the department's website and report the information to specified committees of the general assembly. (Note: This summary applies to this bill as enacted.)
The act creates the mandatory reporter task force (task force). The purpose of the task force is to analyze best practices and recommend changes to training requirements and reporting procedures for people required by law to report child abuse or neglect. The task force shall analyze issues, including, but not limited to: The effectiveness of mandatory reporting and its relationship with systemic issues, including the disproportionate impact of mandatory reporting on under-resourced communities, communities of color, and persons with disabilities; The definition of "immediately" and how reporting time frames affect mandatory reporters from different professions; Reporting time frames for mandatory reporters who are creating a safety plan for victims of domestic violence, sexual assault, or stalking to ensure the safety of the victim and the victim's family members while creating the safety plan; Medical child abuse and the process to report medical child abuse; Whether mandatory reporters should report incidents observed outside of a mandatory reporter's professional capacity; A reporting process for 2 or more mandatory reporters to report child abuse or neglect when they have joint knowledge or joint reasonable cause to make a report of child abuse or neglect; Whether institutions that employ mandatory reporters may develop procedures to assist mandatory reporters in meeting reporting requirements; and The benefits of an electronic reporting platform for the state. The task force is required to analyze national best practices and consult with additional stakeholders as necessary to finalize its findings and recommendations. The task force may propose clarifications to the law to help implement its recommendations. The task force operates for 2 years. The task force shall submit a final report on its findings and recommendations on January 1, 2025, to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees; the governor; and the department of human services. The act appropriates $97,500 from the general fund to the judicial department for use by the office of the child protection ombudsman for program costs. (Note: This summary applies to this bill as enacted.)
The act requires the state treasurer to make the following transfers from the economic recovery and relief cash fund: $3,000,000 to the healthy forests and vibrant communities fund for projects that will help communities address the urgent need to reduce wildfire risks by supporting implementation of risk mitigation treatments that focus on promoting watershed resilience; $2,000,000 to the wildfire mitigation capacity development fund for wildfire mitigation and fuel reduction projects; $10,000,000 to the Colorado water conservation board construction fund for watershed restoration and flood mitigation grants; $2,500,000 to the Colorado water conservation board construction fund for the direct and indirect costs of providing assistance to political subdivisions and other entities applying for federal "Infrastructure Investment and Jobs Act" money and other federally available money related to water funding opportunities; and $2,500,000 to the Colorado water conservation board construction fund for issuing grants to political subdivisions of the state for the hiring of temporary employees, contractors, or both that will assist those political subdivisions and other entities in applying for federal "Infrastructure Investment and Jobs Act" money and other federally available money related to natural resource management. All of these transfers relate to essential government services and must comply with the relevant compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller. $15,000,000 is appropriated from the Colorado water conservation board construction fund to the department of natural resources for use by the Colorado water conservation board for watershed restoration and flood mitigation project grants. (Note: This summary applies to this bill as enacted.)
The act repeals an existing income tax credit available to taxpayers who make contributions to enterprise zone administrators to promote temporary, emergency, or transitional housing programs for persons experiencing homelessness (repealed credit) and replaces the repealed credit with a credit that is available in the entire state (new credit). Instead of having enterprise zone administrators and the office of economic development administer the new credit, as was how the old credit was administered, the act places that responsibility on the division of housing in the department of local affairs. A taxpayer may claim the new credit when permissible contributions are made not only to an approved project, but also to an approved nonprofit organization providing certain qualifying activities. The amount of the new credit remains the same as the amount of the repealed credit for each contribution; except that, for contributions made in an underserved, rural county, the amount is 30% rather than 25% and is capped at $750,000 in contributions per income tax year for the nonprofit organization, and, if the nonprofit organization also administers one or more approved projects, is capped at an additional $750,000 per income tax year. The new credit's availability is limited to 4 years, and, as was the case for the repealed credit, any credit in excess of a taxpayer's liability for the income tax year for which the credit is claimed may be carried forward for up to 5 years. (Note: This summary applies to this bill as enacted.)
The act requires: The department of higher education (department), in consultation with state institutions of higher education (institutions) and a business organization or industry representative, to develop and implement a process that encourages institutions to identify incremental achievements on the path to degree completion, organize stackable credentials, and identify how credentials may be evaluated and then may become stacked into stackable credential pathways to provide increased access to employment and may result in a degree; The department to facilitate the creation of stackable credential pathways for at least 3 growing industries by January 1, 2024, and at least 2 more growing industries by January 1, 2025; The general assembly to appropriate $1 million to the department from the workers, employers, and workforce centers cash fund for the 2022-23 fiscal year; and The department of higher education to submit a report to the education committees regarding implementation of the act that includes data collected by institutions to measure the total number of credits, credentials, certificates, and professional licenses earned in each pathway at each institution and the funding allocated and distributed to implement the act. The act requires the department to allocate and disburse funds to community and technical colleges and local district colleges to fund student access to nondegree credential programs. The general assembly is required to appropriate $1.8 million to the department for this purpose for the 2022-23 fiscal year. The act requires the general assembly to appropriate $800,000 to the department of education for the adult education and literacy grant program for the 2022-23 fiscal year. (Note: This summary applies to this bill as enacted.)
The act creates the behavioral health administration (BHA) in the department of human services (department) to create a coordinated, cohesive, and effective behavioral health system in the state. The BHA will handle most of the behavioral health programs that were previously handled by the office of behavioral health in the department. The act establishes a commissioner as the head of the BHA and authorizes the commissioner and state board of human services to adopt and amend rules that previously were promulgated by the executive director of the department. By July 1, 2024, the act requires the BHA to establish: A statewide behavioral health grievance system; A behavioral health performance monitoring system; A comprehensive behavioral health safety net system; Regionally-based behavioral health administrative service organizations; The BHA as the licensing authority for all behavioral health entities; and The BHA advisory council to provide feedback to the BHA on the behavioral health system in the state. The act transfers to the department of public health and environment responsibility for community prevention and early intervention programs previously administered by the department. The act makes extensive conforming amendments. The act appropriates from the general fund to the department: $671,538 for use by the executive director's office; $542,470 for administration and finance; and $2,495,231 for use by the behavioral health administration; The act makes various adjustments to the 2022 general appropriations act for the department, the department of public health and environment, and the legislative department. The act appropriates to the department of public health and environment $638,608 for use by the prevention services division of which $48,111 is from the general fund and $590,497 is from the marijuana tax cash fund. The act appropriates to the department of public health and environment: From reappropriated federal funds $8,181,248 for use by the prevention services division; From the marijuana tax cash fund $18,127 for administration; and From the general fund $11,846 for use by administration and support. The act appropriates from the general fund to the department of health care policy and financing, $246,399 for use by the executive director's office. The act appropriates from the division of insurance cash fund $142,766 to the department of regulatory agencies for use by the division of insurance. (Note: This summary applies to this bill as enacted.)
The act continues the existing school leadership pilot program (program) by repealing the repeal date for the program and removing the word "pilot" from the name of the program. The act repeals the ability of the department of education (department) to award grants to the employers of school principals who participate in the program and limits the amount that the general assembly may annually appropriate for the program to no more than $250,000. For the 2022-23 budget year, the act appropriates $250,000 to the department to implement the program. (Note: This summary applies to this bill as enacted.)
The act requires new and amended state statutes that enumerate or define local government entities or agencies that are eligible for state grant or benefit programs to also designate tribal nations with jurisdiction in Colorado as eligible recipients if legal and appropriate. The legislative council staff is required to submit a report to the legislative council by December 1, 2022, identifying state grant programs in statute and whether those programs include tribal governments as eligible recipients. The office of the Colorado commission on Indian affairs is required, in consultation with the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe, to submit a report to the legislative council by March 1, 2023, identifying opportunities for tribal governments to be included in the operations or programs of the state as a partner, assessing whether the Colorado commission on Indian affairs can facilitate or provide those opportunities, and recommending other ways for the state to facilitate or provide those opportunities. (Note: This summary applies to this bill as enacted.)
The act creates the Colorado land-based tribe behavioral health services grant program (grant program) to provide funding to one or more Colorado land-based tribes to support capital expenditure for the renovation or building of a behavioral health facility to provide behavioral and mental health services. The grant program repeals on July 1, 2027. The act appropriates $5 million from the behavioral and mental health cash fund to the department of human services for use by the behavioral health administration. (Note: This summary applies to this bill as enacted.)