Colorado § 27-80-107.5 - Increasing access to effective substance use disorder services act - managed service organizations - substance use disorder services - assessment - community action plan - allocations - reporting requirements - evaluation.

§ 27-80-107.5. Increasing access to effective substance use disorder services act - managed service organizations - substance use disorder services - assessment - community action plan - allocations - reporting requirements - evaluation.

(1) The short title of this section is the "Increasing Access to Effective Substance Use Disorder Services Act".

(2) On or before February 1, 2017, each behavioral health administrative services organization designated pursuant to section 27-80-107 shall assess the sufficiency of substance use disorder services within its geographic region for adolescents ages seventeen and younger, young adults ages eighteen through twenty-five, pregnant women, women who are postpartum and parenting, and other adults who are in need of such services. During the community assessment process, each behavioral health administrative services organization shall seek input and information from appropriate behavioral health entities, county departments of human or social services, local public health agencies, substance use disorder treatment providers, law enforcement agencies, probation departments, organizations that serve veterans or homeless individuals, and other relevant stakeholders. The community assessment must include an analysis of existing funding and resources within the community to provide a continuum of substance use disorder services, including prevention, intervention, treatment, and recovery support services, for adolescents ages seventeen and younger, young adults ages eighteen through twenty-five, pregnant women, women who are postpartum and parenting, and other adults who are in need of such services.

(3) (a) On or before March 1, 2017, each behavioral health administrative services organization that has completed a community assessment pursuant to subsection (2) of this section shall prepare and submit in electronic format to the BHA and the department of health care policy and financing a community action plan to increase access to effective substance use disorder services, referred to in this section as the "community action plan". The community action plan must summarize the results of the community assessment and include a description of how the behavioral health administrative services organization will utilize its allocation of funding from the marijuana tax cash fund created in section 39-28.8-501 to address the most critical service gaps in its geographic region and a timeline for implementation of the community action plan.

(b) A behavioral health administrative services organization may periodically update its community action plan to reflect changes in community needs and priorities. Any such updated plan must be submitted in electronic format to the BHA and the department of health care policy and financing.

(c) On or before May 1, 2017, the BHA shall post the community action plans from the behavioral health administrative services organizations developed pursuant to subsection (3)(a) of this section on its website. On or before May 1, 2017, the BHA shall submit a report summarizing all of the community action plans received from the behavioral health administrative services organizations to the joint budget committee, the health and human services committee of the senate, and the public and behavioral health and human services committee of the house of representatives, or any successor committees. The BHA shall post on its website any updated community action plans received pursuant to subsection (3)(b) of this section.

(4) (a) Repealed.

(b) On July 1, 2017, and on every July 1 thereafter, the BHA shall disburse to each behavioral health administrative services organization that has submitted a community action plan one hundred percent of the behavioral health administrative services organization's allocation from the money appropriated from the marijuana tax cash fund.

(c) It is the intent of the general assembly that each behavioral health administrative services organization use money allocated to it from the marijuana tax cash fund to cover expenditures for substance use disorder services that are not otherwise covered by public or private insurance. Each behavioral health administrative services organization may use its allocation from the marijuana tax cash fund to implement its community action plan, including expenditures for substance use disorder services and for any start-up costs or other expenses necessary to increase capacity to provide such services. A behavioral health administrative services organization must spend its allocation in the state fiscal year in which it is received or in the next state fiscal year thereafter. If there is any money from the allocation remaining after the second state fiscal year, then the behavioral health administrative services organization shall return the money to the BHA. If an enhanced residential and inpatient substance use disorder treatment and medical detoxification services benefit becomes available under the Colorado medical assistance program, behavioral health administrative services organizations shall determine to what extent money allocated from the marijuana tax cash fund may be used to assist in providing substance use disorder treatment, including residential and inpatient substance use disorder treatment and medical detoxification services, if those services are not otherwise covered by public or private insurance.

(d) Repealed.

(5) (a) On or before September 1, 2017, and on or before each September 1 thereafter, each behavioral health administrative services organization shall submit an annual report to the BHA, the joint budget committee, the health and human services committee of the senate, and the public and behavioral health and human services committee of the house of representatives, or their successor committees, concerning the amount and purpose of actual expenditures made using money from the marijuana tax cash fund in the previous state fiscal year. The report must contain a description of the impact of the expenditures on addressing the needs that were identified in the initial and any subsequent community assessments and action plans developed pursuant to subsection (3) of this section, as well as any other requirements established for the contents of the report by the BHA.

(b) A behavioral health administrative services organization shall provide the BHA with information about actual expenditures as required by the BHA.

(c) Repealed.

(6) Repealed.

(7) Notwithstanding section 24-1-136 (11)(a)(I), the BHA shall report on outcomes related to the implementation of this section as part of its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203, beginning with the hearing that precedes the 2019 legislative session.

Source: L. 2016: Entire section added, (SB 16-202), ch. 209, p. 748, § 1, effective June 1. L. 2017: IP(5)(c) amended, (SB 17-234), ch. 154, p. 524, § 17, effective August 9. L. 2018: (4)(c), (4)(d)(I), (5)(a), (5)(b), IP(5)(c), and (5)(c)(II) amended and (7) added, (HB 18-1172), ch. 110, p. 801, § 1, effective April 9; (4)(c) amended, (HB 18-1136), ch. 373, p. 2271, § 3, effective June 5. L. 2022: (3), (4)(b), (4)(c), (5)(a), (5)(b), and (7) amended, and (4)(a), (4)(d), (5)(c), and (6) repealed, (HB 22-1278), ch. 222, p. 1553, § 149, effective July 1; (2), (3), (4)(b), (4)(c), (5)(a), and (5)(b) amended, (HB 22-1278), ch. 222, p. 1598, § 246, effective August 10.

Editor's note: Amendments to subsection (4)(c) by HB 18-1172 and HB 18-1136 were harmonized.