Colorado § 27-71-103 - Mental health residential facilities - additional beds.

§ 27-71-103. Mental health residential facilities - additional beds.

(1) (a) On or before July 1, 2024, the department and the department of health care policy and financing shall jointly create, develop, or contract, which may include the cost of renovation at private facilities, for at least an additional one hundred and twenty-five beds at mental health residential facilities throughout the state based on the greatest areas of need. The beds in the mental health facilities are available for adult individuals in need of ongoing supportive services, but individuals with a severe mental illness or a dual diagnosis of mental illness and alcohol or substance use disorder must be prioritized. When available, the department shall use existing department properties for the mental health facilities.

(b) At a minimum, the department shall ensure that the mental health residential facilities offer the following services:

(I) Assistance with medication;

(II) Direct support personnel including assistance with activities of daily living;

(III) Intensive case management services;

(IV) Life skills training; and

(V) Non-medical transportation.

(c) The department and the department of health care policy and financing shall work collaboratively to ensure the beds in the mental health facilities are eligible for federal funding through the medical assistance program.

(2) (a) The beds at the mental health facilities created pursuant to this section are intended primarily for adult individuals with serious mental illness or a co-occurring mental health and substance use disorder in need of services. A mental health facility may also provide services to an individual in need of competency restoration pursuant to article 8.5 of title 16 who does not require imprisonment in a jail.

(b) The department, in collaboration with the behavioral health administration and the department of health care policy and financing, shall prioritize placement for individuals in the civil system who are leaving the mental health institutes at Pueblo and Fort Logan, civil individuals being discharged from inpatient settings, individuals receiving involuntary mental health treatment pursuant to article 65 of this title 27, and civil individuals in need of residential services who are in a mental health crisis facility, acute care hospital, or in the community.

(c) The state department, in collaboration with the behavioral health administration and the department of health care policy and financing, shall establish criteria for admissions and discharge planning, quality assurance monitoring, appropriate length of stay, and compliance with applicable federal law. For the mental health residential facilities created pursuant to this section, admission criteria for facilities must include:

(I) Prioritization of people with serious mental illness who have complex or co-occurring conditions as defined by the state department; and

(II) For treatment beds that do not serve individuals covered under a home- and community-based waiver, offering priority placement to individuals under a certification for short-term or extended short-term treatment pursuant to section 27-65-108.5, 27-65-109, or 27-65-109.5, and long-term care and treatment pursuant to section 27-65-110 on an outpatient basis.

(d) The state department shall collaborate with relevant stakeholders when establishing the criteria described in subsection (2)(c) of this section.

(3) The department shall distribute the money for the creation of additional beds pursuant to this section no later than December 30, 2024. Any person receiving money pursuant to this section shall spend or obligate all money received in accordance with section 24-75-226 (4)(d).

Source: L. 2022: Entire article added, (HB 22-1303), ch. 183, p. 1222, § 3, effective May 18. L. 2024: (3) amended, (HB 24-1466), ch. 429, p. 2945, § 41, effective June 5. L. 2026: (2)(c)(II) amended, (SB 26-149), ch. 142, p. 798, § 52, effective May 21.

Cross references: For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.