27-63-105. Safety net system implementation - safety net system criteria. (1) No later than January 1, 2024, the department shall implement the comprehensive proposal and the funding model developed pursuant to section 27-63-104 (2), which shall meet the following criteria:
(a) The safety net system must not refuse to treat an individual, including youth, based on the following:
(I) The individual's insurance coverage, lack of insurance coverage, or ability or inability to pay for behavioral health services;
(II) The individual's clinical acuity level related to the individual's behavioral health disorder, including whether the individual has been certified pursuant to article 65 of this title 27;
(III) The individual's readiness to transition out of the Colorado mental health institute at Pueblo, the Colorado mental health institute at Fort Logan, or any other mental health institute because the individual no longer requires inpatient care and treatment;
(IV) The individual's involvement in the criminal or juvenile justice system;
(V) The individual's current involvement in the child welfare system;
(VI) The individual's co-occurring mental health and substance use disorders, physical disability, or intellectual or developmental disability; or
(VII) The individual's displays of aggressive behavior, or history of aggressive behavior, as a result of a symptom of a diagnosed mental health disorder or substance intoxication;
(b) The safety net system must:
(I) Proactively engage hard-to-serve individuals with adequate case management and care coordination throughout the care continuum;
(II) Promote competency in de-escalation techniques;
(III) Utilize adequate networks for timely access to treatment, including high-intensity behavioral health treatment and community treatment for children, youth, adults, and other individuals;
(IV) Require collaboration with all local law enforcement jurisdictions and counties in the service area, including county departments of human or social services;
(V) Triage individuals who need alternative services outside the scope of the safety net system;
(VI) Promote patient-centered care and cultural awareness;
(VII) Update information as requested by the department about available treatment options and outcomes in each region of the state;
(VIII) Utilize evidence-based or evidence-informed programming to promote quality services; and
(IX) Meet any other criteria established by the department.
(2) The safety net system must have a network of behavioral health-care providers that collectively offer a full continuum of services to ensure individuals with severe behavioral health disorders are triaged in a timely manner to the appropriate care setting if an individual behavioral health-care provider is unable to provide ongoing care and treatment for the individual. The departent shall consider behavioral health safety net providers, behavioral health administrative services organizations, contractors for the statewide behavioral health crisis response system, and other behavioral health community providers as key elements in the behavioral health safety net system.
