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Lead: Anne, Back-up: Danny


Bill: HB17-1011
Title: Statute Of Limitation Discipline Mental Health Professional
House SponsorsJ. Melton (D)
Senate SponsorsJ. Tate (R)
Position
Official Summary

The bill requires that any complaint filed with the division of
professions and occupations in the department of regulatory agencies
against a mental health professional alleging a maintenance-of-records
violation must be commenced within 7 years after the alleged act or
failure to act giving rise to the complaint. Mental health professionals
must give notice to former clients that a client's records may not be
retained after the 7-year period. Complaints subject to the 7-year filing
period must be resolved by the agency within 2 years after the date the
complaint was filed.

Hearing Date
Hearing Time
House CommitteeHealth, Insurance, & Environment
Senate CommitteeHealth and Human Services
StatusGovernor Signed (03/16/2017)

Bill: HB17-1020
Title: Staffing Task Force Mental Illness Justice Systems
House SponsorsJ. Singer (D)
Senate SponsorsB. Martinez Humenik (R)
Position
Official Summary

Legislative Oversight Committee Concerning the Treatment
of Persons with Mental Illness in the Criminal and Juvenile Justice
Systems.
The bill amends provisions in current statute to provide for
ongoing staff support for the task force concerning treatment of persons
with mental illness in the criminal and juvenile justice systems.

Hearing Date
Hearing Time
House CommitteePublic Health Care and Human Services
Senate CommitteeHealth and Human Services
StatusGovernor Signed (03/08/2017)

Bill: HB17-1038
Title: Prohibit Corporal Punishment Of Children
House SponsorsS. Lontine (D)
Senate SponsorsR. Zenzinger (D)
Position
Official Summary

The bill prohibits a person employed by or volunteering in a public
school, a state-licensed child care center, a family child care home, or a
specialized group facility from imposing corporal punishment on a child.
Corporal punishment means the willful infliction of, or willfully
causing the infliction of, physical pain on a child.

Hearing Date
Hearing Time
House CommitteeEducation
Senate CommitteeJudiciary
StatusSenate Committee on Judiciary Postpone Indefinitely (03/13/2017)

Bill: HB17-1156
Title: Prohibits Conversion Therapy Mental Health Provider
House SponsorsP. Rosenthal (D)
Senate SponsorsS. Fenberg (D)
Position
Official Summary

The bill prohibits a licensed physician specializing in psychiatry
or a licensed or registered mental health care provider from engaging in
conversion therapy with a patient under 18 years of age. A licensee who
engages in these efforts is subject to disciplinary action by the appropriate
licensing board. Conversion therapy means efforts that seek to change
an individual's sexual orientation, including efforts to change behaviors
or gender expressions or to eliminate or reduce sexual or romantic
attraction or feelings toward individuals of the same sex.

Hearing Date
Hearing Time
House CommitteePublic Health Care and Human Services
Senate CommitteeState, Veterans, and Military Affairs
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/22/2017)

Bill: HB17-1183
Title: Mental Health Professional Disclosures Repeal Effect Clause
House SponsorsM. Foote (D)
Senate SponsorsR. Gardner (R)
Position
Official Summary

In 2016, the general assembly enacted House Bill 16-1063, which
allows mental health professionals to disclose to school and school
district personnel and law enforcement agencies communications with a
client if the client makes statements or exhibits behaviors that create an
articulable and significant threat against a school or its occupants. The
effect of the legislation was contingent on receipt from the secretary of
the federal department of health and human services (HHS) of an
exception to the privacy rule under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
The state received notice from HHS that the legislation is not
contrary to the HIPAA privacy rule and therefore does not qualify for an
exception. Accordingly, the bill repeals the contingency provision.

Hearing Date
Hearing Time
House CommitteeEducation
Senate CommitteeJudiciary
StatusGovernor Signed (04/06/2017)

Bill: HB17-1185
Title: Reports Of Suspected Child Abuse Or Neglect
House SponsorsJ. Singer (D)
Senate SponsorsJ. Smallwood (R)
Position
Official Summary

Under current law, certain identified persons are mandated to
report if they know or suspect that a child has been subject to abuse or
neglect (mandatory reporters). If a mandatory reporter continues to be
involved with a child who was the subject of the report, he or she is
entitled to access to records and reports of the abuse or neglect. The bill
adds to the list of mandatory reporters officials and employees of county
departments of health, human services, or social services.
Current law requires the county department of human or social
services to report certain information to a mandatory reporter within 30
days after the filing of a report. The bill extends the period to 60 days.

Hearing Date
Hearing Time
House CommitteePublic Health Care and Human Services
Senate CommitteeHealth and Human Services
StatusGovernor Signed (05/03/2017)

Bill: HB17-1215
Title: Mental Health Support For Peace Officers
House SponsorsJ. Coleman (D)
Senate SponsorsR. Gardner (R)
D. Kagan (D)
Position
Official Summary

The bill encourages each sheriff's office and each municipal police
department to adopt a policy whereby mental health professionals, to the
extent practicable, provide:
  • On-scene response services to support officers' handling of
persons with mental health disorders; and
  • Counseling services to officers.
The bill creates the peace officers mental health support grant
program (grant program) in the department of local affairs (department)
to provide grants of money to county sheriffs' offices and municipal
police departments to help them engage mental health professionals. Each
sheriff's office and each municipal police department is encouraged to
apply annually for a grant from the grant program.
The bill creates the peace officers mental health support fund
(fund), which consists of gifts, grants, and donations and any other money
that the general assembly may appropriate or transfer to the fund. The
executive director of the department, or his or her designee, may expend
money from the fund for the purposes of the grant program.
The grant program repeals September 1, 2027.

Hearing Date
Hearing Time
House CommitteeJudiciary
Senate CommitteeLocal Government
StatusGovernor Signed (04/24/2017)

Bill: HB17-1229
Title: Workers' Compensation For Mental Impairment
House SponsorsJ. Becker (R)
J. Singer (D)
Senate SponsorsN. Todd (D)
J. Cooke (R)
Position
Official Summary

The bill adds the definitions psychologically traumatic event and
serious bodily injury to the workers' compensation statutes for the
purposes of clarifying a worker's right to compensation for any claim of
mental impairment.

Hearing Date
Hearing Time
House CommitteePublic Health Care and Human Services
Senate CommitteeBusiness, Labor and Technology
StatusGovernor Signed (05/26/2017)

Bill: HB17-1320
Title: Age Of Consent Outpatient Psychotherapy For Minors
House SponsorsL. Landgraf (R)
D. Michaelson (D)
Senate SponsorsD. Coram (R)
S. Fenberg (D)
Position
Official Summary
Hearing Date
Hearing Time
House CommitteePublic Health Care and Human Services
Senate CommitteeState, Veterans, and Military Affairs
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/01/2017)

Bill: HB17-1347
Title: Transfer Student Threat And Suicide Assessment Documents
House SponsorsA. Garnett (D)
Senate SponsorsK. Priola (R)
Position
Official Summary

The bill creates definitions of a student threat assessment and a
student suicide assessment. The bill requires that when a student
transfers to a new public school, including a charter or pilot school
(public school), if the student's file contains a threat or suicide assessment
and if the new public school, or a person acting on behalf of the student,
requests copies of the student's records, the previous public school, or
out-of-home placement if applicable, is required to transfer the student's
threat or suicide assessment to his or her new public school with the other
records requested. If a request for records is not made, the previous public
school is not required to independently transfer the threat or suicide
assessment. Current law allows for the transfer of threat or suicide
assessments, but it does not require it.

Hearing Date
Hearing Time
House CommitteeEducation
Senate Committee
StatusHouse Second Reading Laid Over to 05/11/2017 - No Amendments (05/04/2017)

Bill: SB17-003
Title: Repeal Colorado Health Benefit Exchange
House SponsorsP. Neville (R)
Senate SponsorsJ. Smallwood (R)
Position
Official Summary

In 2010, pursuant to the enactment of federal law that allowed
each state to establish a health benefit exchange option through state law
or opt to participate in a national exchange, the general assembly enacted
the Colorado Health Benefit Exchange Act (act). The act created the
state exchange, a board of directors (board) to implement the exchange,
and a legislative health benefits exchange implementation review
committee to make recommendations to the board. The bill repeals the
act, effective January 1, 2018, and allows the exchange to continue for
one year for the purpose of winding up its affairs. The bill also requires
the board, on the last day of the wind-up period, to transfer any
unencumbered money that remains in the exchange to the state treasurer,
who shall transfer the money to the general fund.

Hearing Date
Hearing Time
House Committee
Senate CommitteeFinance
StatusSenate Second Reading Laid Over to 05/11/2017 - No Amendments (05/08/2017)

Bill: SB17-004
Title: Access To Providers For Medicaid Recipients
House SponsorsC. Wist (R)
Senate SponsorsJ. Tate (R)
Position
Official Summary

Under current law, recipients of services under the Colorado
medical assistance program (medicaid) are not responsible for the cost of
services by a medical provider or the cost remaining after payment by
medicaid or another private insurer, regardless of whether the medical
provider is enrolled in the medicaid program, unless the medical services
provided are nonreimbursable by medicaid. The bill amends the statute
so that the prohibition on charging medicaid recipients for medical
services applies only if the medical provider is enrolled in medicaid.
Prior to providing medical services to a medicaid recipient, a
nonenrolled provider must enter into a written agreement with the
recipient as specified in the bill. If the requirements are met, the medicaid
recipient would be responsible for the cost of the medical services.

Hearing Date
Hearing Time
House CommitteeState, Veterans, & Military Affairs
Senate CommitteeHealth and Human Services
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/19/2017)

Bill: SB17-019
Title: Medication Mental Illness In Justice Systems
House SponsorsJ. Singer (D)
Senate SponsorsB. Martinez Humenik (R)
Position
Official Summary

Legislative Oversight Committee Concerning the Treatment
of Persons with Mental Illness in the Criminal and Juvenile Justice
Systems.
The bill implements recommendations from the task force
concerning the treatment of persons with mental illness in the criminal
and juvenile justice systems and the medication consistency work group
of the behavioral health transformation council to promote increased
medication consistency for persons with mental illness in the criminal and
juvenile justice systems. The recommendations include:
  • Requiring the unit and office within the department of
human services that administers behavioral health
programs (OBH), including those related to mental health
and substance use, and the department of corrections to
promulgate rules that require providers under each
department's authority to use an agreed upon medication
formulary (formulary) by mental health providers and
justice system providers (providers);
  • Requiring OBH to conduct annual and biannual reviews of
the formulary to address any urgent concerns related to the
formulary, update the formulary, and ensure compliance
with the medicaid formulary;
  • Requiring the department of corrections, county jails,
community mental health centers, the division of youth
corrections, and other providers to share patient-specific
mental health care and treatment information, provided
federal and state confidentiality requirements are met;
  • Requiring OBH and relevant providers to develop a plan
for electronically sharing patient-specific mental health
care and treatment information across systems;
  • Requiring OBH to encourage providers to utilize
cooperative purchasing for the formulary to maximize
statewide cost savings;
  • Encouraging the pharmaceutical cooperative purchasing
entity to include an ongoing drug utilization review
process;
  • Requiring OBH to investigate and develop options for
collaboration with local county jails to coordinate
medication purchasing. Based on that information, the
behavioral health transformation council shall develop a
medication purchasing plan on or before July 1, 2017; and
  • Requiring the department of human services and the
department of corrections to report progress on the
implementation and use of the medication formulary and
cooperative purchasing as part of each department's State
Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act hearing,
beginning in January 2018 and annually thereafter.

Hearing Date
Hearing Time
House CommitteeHealth, Insurance, & Environment
Senate CommitteeJudiciary
StatusSent to the Governor (05/18/2017)

Bill: SB17-021
Title: Assistance To Released Mentally Ill Offenders
House SponsorsJ. Singer (D)
Senate SponsorsB. Martinez Humenik (R)
Position
Official Summary

Legislative Oversight Committee Concerning the Treatment
of Persons with Mental Illness in the Criminal and Juvenile Justice
Systems.
The bill directs the division of housing in the department of
local affairs to establish a program to provide vouchers and supportive
services to persons with a mental illness who are being released from the
department of corrections (DOC) or jails. The program is funded by
general fund appropriations and from money unspent by the division of
criminal justice (CDPS) for community corrections programs in the
previous fiscal year.
The bill directs the behavioral health unit in the department of
human services, in conjunction with the DOC, to implement reentry
programs to assist persons with a mental illness who are transitioning
from incarceration. If necessary, the programs may receive money from
the community corrections appropriation to CDPS.
The bill appropriates $2.7 million to the department of local
affairs.

Hearing Date
Hearing Time
House CommitteeHealth, Insurance, & Environment
Senate CommitteeJudiciary
StatusSent to the Governor (05/18/2017)

Bill: SB17-057
Title: Colorado Healthcare Affordability & Sustainability Enterprise
House Sponsors
Senate SponsorsL. Guzman (D)
Position
Official Summary

The bill creates the Colorado healthcare affordability and
sustainability enterprise (enterprise) as a type 2 agency and
government-owned business within the department of health care policy
and financing (HCPF) for the purpose of participating in the
implementation and administration of a state Colorado healthcare
affordability and sustainability program (program) on and after July 1,
2017, and creates a board consisting of 13 members appointed by the
governor with the advice and consent of the senate to govern the
enterprise. The business purpose of the enterprise is, in exchange for the
payment of a new healthcare affordability and sustainability fee (fee) by
hospitals to the enterprise, to administer the program and thereby support
hospitals that provide uncompensated medical services to uninsured
patients and participate in publicly funded health insurance programs by:
  • Participating in a federal program that provides additional
matching money to states;
  • Using fee revenue, which must be credited to a newly
created healthcare affordability and sustainability fee fund
and used solely for purposes of the program, and federal
matching money to:
  • Reduce the amount of uncompensated care that
hospitals provide by increasing the number of
individuals covered by publicly funded health
insurance; and
  • Increase publicly funded insurance reimbursement
rates to hospitals; and
  • Providing or contracting for or arranging advisory and
consulting services to hospitals and coordinating services
to hospitals to help them more effectively and efficiently
participate in publicly funded insurance programs.
The bill does not take effect if the federal centers for medicare and
medicaid services determine that it does not comply with federal law.
The enterprise is designated as an enterprise for purposes of the
taxpayer's bill of rights (TABOR) so long as it meets TABOR
requirements. The primary powers and duties of the enterprise are to:
  • Charge and collect the fee from hospitals;
  • Leverage fee revenue collected to obtain federal matching
money;
  • Utilize and deploy both fee revenue and federal matching
money in furtherance of the business purpose of the
enterprise;
  • Issue revenue bonds payable from its revenues;
  • Enter into agreements with HCPF as necessary to collect
and expend fee revenue;
  • Engage the services of private persons or entities serving as
contractors, consultants, and legal counsel for professional
and technical assistance and advice and to supply other
services related to the conduct of the affairs of the
enterprise, including the provision of additional business
services to hospitals; and
  • Adopt and amend or repeal policies for the regulation of its
affairs and the conduct of its business.
The existing hospital provider fee program is repealed and the
existing hospital provider fee oversight and advisory board is abolished,
effective July 1, 2017.
The bill specifies that so long as the enterprise qualifies as a
TABOR-exempt enterprise, fee revenue does not count against either the
TABOR state fiscal year spending limit or the referendum C cap, the
higher statutory state fiscal year spending limit established after the voters
of the state approved referendum C in 2005. The bill clarifies that the
creation of the new enterprise to charge and collect the fee is the creation
of a new government-owned business that provides business services to
hospitals as an enterprise for purposes of TABOR and related statutes and
does not constitute the qualification of an existing government-owned
business as a new enterprise that would require or authorize downward
adjustment of the TABOR state fiscal year spending limit or the
referendum C cap.

Hearing Date
Hearing Time
House Committee
Senate CommitteeFinance
StatusSenate Committee on Finance Postpone Indefinitely (03/21/2017)

Bill: SB17-068
Title: School Counselors Early Support For Students
House SponsorsJ. Singer (D)
Senate SponsorsN. Todd (D)
Position
Official Summary

Under current law, a public school that includes any of grades 7
through 12 is eligible to receive a grant through the behavioral health care
professional matching grant program. Sections 2 to 5 of the bill add
elementary schools to the list of public schools eligible to receive a grant
through the program.
Under current law, a public middle, junior, or high school is
eligible to receive a grant through the school counselor corps grant
program. Sections 6 to 10 of the bill add elementary schools to the list of
public schools eligible to receive a grant through the program.

Hearing Date
Hearing Time
House CommitteeEducation
Senate CommitteeEducation
StatusGovernor Signed (04/18/2017)

Bill: SB17-207
Title: Strengthen Colorado Behavioral Health Crisis System
House SponsorsL. Sias (R)
J. Salazar (D)
Senate SponsorsJ. Cooke (R)
D. Kagan (D)
Position
Official Summary

The bill clarifies the intent of the general assembly for establishing
a coordinated behavioral health crisis response system (crisis system).
The crisis system is intended to be a comprehensive, appropriate, and
preferred response to behavioral health crises in Colorado. By clarifying
the role of the crisis system and making necessary enhancements, the bill
puts systems in place to help Colorado end the use of jails and
correctional facilities as placement options for individuals placed on
emergency mental health holds if they have not also been charged with a
crime and enhances the ability of emergency departments to serve
individuals who are experiencing a behavioral health crisis. The crisis
system is intended to provide an appropriate first line of response to
individuals in need of an emergency 72-hour mental health hold. The
statewide framework created by the crisis system strengthens community
partnerships and ensures that first responders are equipped with a variety
of options for addressing behavioral health crises that meet the needs of
the individual in a clinically appropriate setting.
The bill expands and strengthens the current crisis system in the
following ways:
  • Encourages crisis system contractors in each region to
develop partnerships with the broad array of crisis
intervention services in the region;
  • Requires crisis system contractors to be responsible for
community engagement, coordination, and system
navigation for key partners in the crisis system. The goals
of community coordination are to formalize key
relationships within contractually defined regions, pursue
collaborative programming for behavioral health services,
and coordinate interventions as necessary with behavioral
health crises in the region.
  • Increases the ability of all crisis services facilities,
including walk-in centers, acute treatment units, and crisis
stabilization units within the crisis system, regardless of
facility licensure, to adequately care for an individual
brought to the facility in need of an emergency 72-hour
mental health hold;
  • Expands the ability of mobile response units to be available
within 2 hours, either face-to-face or using telehealth
operations for mobile crisis evaluations;
  • Recognizes the obligations of hospitals and hospital-based
emergency departments under federal law to screen and
stabilize every patient who comes to the hospital-based
emergency department, including those patients
experiencing a behavioral health crisis; and
  • Requires that, on or before January 1, 2018, all walk-in
centers throughout the state be appropriately designated,
adequately prepared, and properly staffed to accept an
individual in need of an emergency 72-hour mental health
hold.
The department of human services (department) shall ensure
consistent training for professionals who have regular contact with
individuals who are experiencing a behavioral health crisis. The
department shall conduct a needs and capacity assessment of the crisis
system.
The office of behavioral health is required to submit a report on or
before November 1, 2017, and on or before May 1, 2018, concerning the
status of funding, the use of new and existing resources, and the
implementation of additional behavioral health crisis services. This report
is separate and in addition to the information the department is required
to provide concerning the crisis system in its annual SMART report to the
general assembly.
The bill removes language from statute that allows, at any time for
any reason, an individual who is being held on an emergency 72-hour
mental health hold to be detained or housed in a jail, lockup, or other
place used for the confinement of persons charged with or convicted of
criminal offenses. The effective date of this component of the bill is May
1, 2018.
An appropriation from the marijuana tax cash fund is authorized.

Hearing Date
Hearing Time
House CommitteeJudiciary
Senate CommitteeJudiciary
StatusSent to the Governor (05/18/2017)

Bill: SB17-242
Title: Modernize Behavioral Health Terminology in Colorado Revised Statutes
House SponsorsJ. Ginal (D)
K. Ransom (R)
Senate SponsorsB. Martinez Humenik (R)
Position
Official Summary

The bill updates and modernizes terminology in the Colorado
Revised Statutes related to behavioral health, mental health, alcohol
abuse, and substance abuse. Based on specific contexts, the new
terminology refers to behavioral health disorders, mental health disorders,
alcohol use disorders, or substance use disorders.
Outdated references to the unit in the department of human
services that administers behavioral health programs and services,
including those related to mental health and substance abuse have been
corrected to use the actual current name of that office, which is the office
of behavioral health in the department of human services.

Hearing Date
Hearing Time
House CommitteeHealth, Insurance, & Environment
Senate CommitteeHealth and Human Services
StatusGovernor Signed (05/25/2017)

Bill: SB17-246
Title: Legislative Committee Person With Mental Health Disorder Justice System
House SponsorsJ. Singer (D)
D. Michaelson (D)
Senate SponsorsB. Martinez Humenik (R)
Position
Official Summary

The bill changes the name of the legislative oversight committee
concerning the treatment of persons with mental illness in the criminal
and juvenile justice systems to the legislative oversight committee
concerning the treatment of persons with mental health disorders in the
criminal and juvenile justice systems. The bill makes a corresponding
change to the associated task force and cash fund. The bill also
modernizes terminology related to mental health disorders.

Hearing Date
Hearing Time
House CommitteePublic Health Care and Human Services
Senate CommitteeHealth and Human Services
StatusGovernor Signed (04/28/2017)

Bill: SB17-264
Title: Funding For Behavioral Mental Health Disorder Services
House SponsorsD. Young (D)
Senate SponsorsD. Moreno (D)
Position
Official Summary

Joint Budget Committee. The bill clarifies that the authorized
purposes for which the marijuana tax cash fund may be used include
behavioral services.
The bill also repeals the offender mental health services fund,
which no longer has a revenue source, and directs the remaining money
in the fund to be transferred to the general fund.

Hearing Date
Hearing Time
House CommitteeAppropriations
Senate CommitteeAppropriations
StatusSent to the Governor (05/01/2017)
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