Colorado § 27-60-109 - Youth mental health services program - established - report - rules - definitions - repeal.

§ 27-60-109. Youth mental health services program - established - report - rules - definitions - repeal.

(1) As used in this section, unless the context otherwise requires:

(a) "Portal" means the website or web-based application described in subsection (4) of this section that facilitates the program.

(b) "Program" means the youth mental health services program established in this section.

(c) "Provider" means a licensed psychiatrist regulated pursuant to article 240 of title 12 or any of the following licensees, certified professionals, or candidates regulated pursuant to article 245 of title 12: A licensed psychologist or psychologist candidate; licensed social worker, licensed clinical social worker, or clinical social worker candidate; licensed marriage and family therapist or marriage and family therapist candidate; licensed professional counselor or licensed professional counselor candidate; or licensed addiction counselor, certified addiction specialist, or addiction counselor candidate.

(d) "Telehealth" has the same meaning set forth in section 10-16-123.

(e) "Youth" means:

(I) A person eighteen years of age or younger; and

(II) A person who is twenty-one years of age or younger but older than eighteen years of age who is receiving special education services pursuant to part 1 of article 20 of title 22.

(f) "Youth participant" means a youth who participates in a mental health session that is reimbursed pursuant to the program.

(2) (a) There is established in the behavioral health administration the youth mental health services program to facilitate access to mental health services, including substance use disorder services, for youth to respond to mental health needs identified in an initial mental health screening through the portal. The program reimburses providers for up to three mental health sessions with a youth.

(b) The BHA shall reimburse providers who participate in the program for each mental health session with a youth, either in-person or by telehealth, up to a maximum of three sessions per youth client; except that subject to available money, the BHA may reimburse a provider for additional sessions. To be eligible for reimbursement from the program, a provider must be available to provide three mental health sessions to each youth the provider accepts as a client.

(c) A provider shall maintain client confidentiality pursuant to state or federal law with regard to a youth client who participates in a mental health session with the provider that is reimbursed pursuant to the program.

(3) (a) The BHA shall:

(I) Develop a process consistent with the requirements of this section for providers to apply for, and demonstrate eligibility to receive, reimbursement from the program;

(II) Determine a reasonable rate of reimbursement for each mental health session with a youth client pursuant to the program, which rate must be the same regardless of whether the appointment is a telehealth or in-person appointment; and

(III) Implement a statewide public awareness and outreach campaign about the program. The general assembly encourages the BHA to involve schools, neighborhood youth organizations, health-care providers, faith-based organizations, and any other community-based organizations that interact with youth on the local level in disseminating information about the program.

(b) The state board may promulgate rules necessary for the administration of this section, including rules to protect the privacy of youth who receive services through the program.

(4) (a) The BHA shall enter into an agreement with a vendor to create, or use an existing, website or web-based application as a portal available to youth and providers to facilitate the program. The portal must:

(I) Serve as a platform for initial age-appropriate mental health screenings to determine if a youth may benefit from mental health support;

(II) Allow providers to register and share in-person or telehealth appointment availability;

(III) When possible, connect youth with providers who accept the youth's insurance or payment source that may cover the costs of ongoing mental health treatment, if the youth has insurance or a payment source; and

(IV) Allow a youth, regardless of whether the youth has insurance or any other payment source, to schedule telehealth appointments with a provider. An in-person appointment may be provided if and when available.

(b) Repealed.

(4.5) (a) On or before June 1 of each year, the vendor described in subsection (4) of this section shall deliver to the BHA any of the following, collected during the prior year:

(I) Information about the program collected from surveys of youth participants, parents, and providers; and

(II) Data from evaluations conducted by the vendor about the efficacy of the program, including whether the program is serving the mental health needs of youth participants.

(b) The BHA shall conduct a survey of each provider who participates in the program that solicits feedback about the following:

(I) The met and unmet mental health needs of the youth participants who engaged in treatment with the provider;

(II) Whether the provider made referrals for youth participants for additional services beyond what is provided pursuant to the program; and

(III) Any other elements of the program.

(c) This subsection (4.5) does not authorize the BHA, a provider, a vendor, or any other person to violate applicable federal or state patient privacy laws.

(5) On or before June 30 of each year, the state department shall report to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees, regarding the number of youth who received services under the program, excluding any personally identifiable information in accordance with state and federal law; information in aggregate about the services provided to youth under the program; other relevant information regarding the program; and the information reported to the BHA by the vendor pursuant to subsection (4.5) of this section.

(5.5) Repealed.

(6) This section is repealed, effective June 30, 2034.

Source: L. 2021: Entire section added, (HB 21-1258), ch. 265, p. 1542, § 2, effective June 18. L. 2022: (5) and (6) amended and (5.5) added, (HB 22-1243), ch. 189, p. 1263, § 3, effective May 19; (2)(a), (2)(b), IP(3)(a), (3)(a)(III), (3)(b), and IP(4)(a) amended, (HB 22-1278), ch. 222, p. 1525, § 96, effective July 1. L. 2024: (1)(b), (2)(a), (5), and (6) amended, (1)(f) and (4.5) added, and (4)(b) repealed, (SB 24-001), ch. 367, p. 2469, § 1, effective June 4. L. 2026: (5) amended, (SB 26-169), ch. 311, p. 1812, § 54, effective August 12.

Editor's note: Subsection (5.5)(c) provided for the repeal of subsection (5.5), effective June 30, 2024. (See L. 2022, p. 1263).

Cross references: For the legislative declaration in HB 21-1258, see section 1 of chapter 265, Session Laws of Colorado 2021. For the legislative declaration in HB 22-1243, see section 1 of chapter 189, Session Laws of Colorado 2022.