(1) (a) The general assembly finds that:
There is a shortage of available beds for psychiatric emergencies, withdrawal management for substance use disorders, and intensive residential inpatient and outpatient behavioral health services in Colorado;
Creating a behavioral health capacity tracking system of available treatment capacityand medication-assisted treatment programs would help families, law enforcement agencies, counties, court personnel, and emergency room personnel locate an appropriate treatment option for individuals experiencing behavioral health crises; and
Further, a tracking system would decrease the time that individuals wait in emergency rooms, ensure that existing resources are maximized, and increase the likelihood that individuals in crisis receive services closer to their community.
(b) Therefore, the general assembly declares that the creation of a behavioral health capacity tracking system is an important tool for addressing behavioral health crises, including connecting individuals to treatment for opioid and other substance use disorders.
(2) As used in this section, unless the context otherwise requires:
"Consistent noncompliance" means when a provider does not complete daily requiredcapacity updates for two or more consecutive days or has five or more days of noncompliance in any given month.
"Tracking system" means the behavioral health capacity tracking system created pursuant to this section.
(3) Pursuant to subsection (8) of this section, the state department shall implement a behavioral health capacity tracking system, which must include the following:
A twenty-four-hour, web-based platform;
Online access by health care professionals, law enforcement, and court personnel;
Coordination with the telephone crisis service that is part of the behavioral healthcrisis response system pursuant to section 27-60-103;
Required capacity updates, at least daily, unless the facility is a residential facilityand capacity has not changed, with a penalty for consistent noncompliance, for facilities listed under subsection (3)(e) of this section; except that opioid treatment programs licensed pursuant to section 27-80-204 are only required to update daily whether the program is accepting new clients; and
Capacity reporting for the following facilities and treatment providers statewide:
Facilities that provide evaluation and treatment to individuals held under an emergency commitment pursuant to section 27-81-111, an involuntary commitment pursuant to section 27-81-112, or a civil commitment pursuant to section 27-65-105, including crisis stabilization units, acute treatment units, community mental health centers, and hospitals, including state mental health institutes;
Inpatient treatment facilities;
Residential treatment facilities;
Withdrawal management facilities; and
Facilities licensed pursuant to section 27-80-204, including opioid treatment programs and medically managed and clinically managed withdrawal management facilities.
In addition to reporting by those facilities listed in subsection (3)(e) of this section,the tracking system may allow any medical provider providing behavioral health treatment as part of the provider's medical practice to participate in the tracking system with prior approval by the state department.
To the extent possible, the tracking system should be designed to collect the following information:
The name, address, web address, and telephone number of the facility or treatmentprogram and information as to the process for confirming the current availability of a bed or a slot in a treatment program and for reserving a bed or slot in the facility or treatment program;
The license type for the facility or treatment program and the licensed bed capacityof the facility;
The number of beds or slots currently available and staffed for behavioral healthservices;
Admission and exclusion criteria, including gender, age, acuity level, medical complications, diagnoses, or behaviors excluded, such as intellectual or developmental disabilities, aggression, substance use disorders, traumatic brain injury, or history of violence or aggressive behavior;
The type of substance for which the facility or treatment program provides treatment;
Whether the facility serves involuntary clients;
Payer sources accepted by each facility or treatment program;
The time and date of the last update of information for the facility or treatment program; and
A link to a stable location map.
The tracking system is designed to provide immediate and accurate information regarding the availability of facility beds or slots in treatment programs but does not guarantee availability. The user shall be directed to contact the facility or treatment program directly to confirm capacity and to arrange placement.
Prior to contracting for components of the tracking system or its implementation, thestate department shall convene a stakeholder process to identify an efficient and effective tracking system design. The state department shall receive input relating to existing information and reporting systems that may be expanded upon for the tracking system, issues relating to data collection and input by facilities and treatment providers, and the most effective interface for tracking system users. In addition to any persons or organizations identified by the state department, the stakeholder process must include input from the department of public health and environment, emergency medical service providers, contractors operating existing information and reporting systems in the state, and facilities required to provide information for the tracking system. The state department shall report to the opioid and other substance use disorders study committee during the legislative interim preceding the 2020 legislative session concerning the results of the stakeholder process.
Subject to available appropriations, the state department shall implement a centralized, web-based tracking system as described in this section and shall ensure that appropriate tracking system information is available to the public. The contractor of the twentyfour-hour telephone crisis services provided pursuant to section 27-60-103 shall use the tracking system as an available service resource locator.
Repealed.
The state department may adopt rules, as necessary, to implement this section.
Source: L. 2019: Entire section added, (HB 19-1287), ch. 175, p. 2012, § 1, effective May 14. L. 2020: (8) amended and (9) repealed, (HB 20-1391), ch. 211, p. 1026, § 1, effective June 30; (3)(e)(I) amended, (SB 20-007), ch. 286, p. 1416, § 52, effective July 13.