C.R.S. § 27-50-101: Definitions.

As used in this article 50, unless the context otherwise requires:

(1) "Behavioral health" refers to an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health issues and disorders include substance use disorders, mental health disorders, serious psychological distress, serious mental disturbance, and suicide and range from unhealthy stress or subclinical conditions to diagnosable and treatable diseases. "Behavioral health" also describes service systems that encompass promotion of emotional health and prevention and treatment services for mental health disorders and substance use disorders.

(2) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102.

(3) "Behavioral health disorder" means an alcohol use disorder, a mental health disorder, or a substance use disorder.

(4) "Behavioral health entity" means a facility or provider organization engaged in providing community-based health services, which may include services for a behavioral health disorder but does not include detention and commitment facilities operated by the division of youth services within the department of human services or services provided by a licensed or certified mental health-care provider under the provider's individual professional practice act on the provider's own premises.

(5) "Behavioral health program" means the specific services and administration of those services by a behavioral health provider.

(6) "Behavioral health provider" means a recovery community organization; a recovery support services organization, as defined in section 27-60-108; or a licensed organization or professional providing diagnostic, therapeutic, or psychological services for behavioral health conditions. Behavioral health providers include a residential child care facility, as defined in section 26-6-903 (29), and a federally qualified health center.

(7) "Behavioral health safety net provider" means comprehensive community behavioral health providers and essential behavioral health safety net providers. A community mental health center pursuant to 42 U.S.C. sec. 300x-2(c) that is licensed as a behavioral health entity may apply to be approved as a comprehensive community behavioral health provider, an essential behavioral health safety net provider, or both.

(8) "Behavioral health safety net services" means the specific behavioral health services for children, youth, and adults that must be provided statewide pursuant to part 3 of this article 50.

(8.5) "Boarding" means when a child or youth under twenty-one years of age has been waiting longer than twelve hours to be placed in an appropriate treatment setting after being clinically assessed and determined to be in need of inpatient psychiatric treatment and received a determination from a licensed provider of medical stability without the need for urgent medical assessment or hospitalization for a physical condition.

(9) "Commissioner" means the commissioner of the behavioral health administration appointed pursuant to section 27-50-103.

(10) "Community-based" means outside of a hospital, psychiatric hospital, detention and commitment facility operated by the division of youth services within the department of human services, or nursing home.

(11) "Comprehensive community behavioral health provider" means a licensed behavioral health entity or behavioral health provider approved by the behavioral health administration to provide care coordination and the following behavioral health safety net services, either directly or through formal agreements with behavioral health providers in the community or region:

(a) Emergency and crisis behavioral health services;

(b) Mental health and substance use outpatient services;

(c) Behavioral health high-intensity outpatient services;

(d) Care management;

(e) Outreach, education, and engagement services;

(f) Mental health and substance use recovery supports;

(g) Repealed.

(h) Outpatient competency restoration; and

(i) Screening, assessment, and diagnosis, including risk assessment, crisis planning, and monitoring to key health indicators.

(11.5) "Covered entity" means an entity subject to HIPAA.

(12) "Department" means the department of human services created pursuant to section 26-1-105.

(13) "Essential behavioral health safety net provider" means a licensed behavioral health entity or behavioral health provider approved by the behavioral health administration to provide care coordination and at least one of the following behavioral health safety net services:

(a) Emergency or crisis behavioral health services;

(b) Behavioral health outpatient services;

(c) Behavioral health high-intensity outpatient services;

(d) Behavioral health residential services;

(e) Withdrawal management services;

(f) Behavioral health inpatient services;

(g) Integrated care services;

(h) Hospital alternatives; or

(i) Additional services that the behavioral health administration determines are necessary in a region or throughout the state.

(13.5) "Extended stay" means when a child or youth under twenty-one years of age has been waiting longer than seventy-two hours to be discharged from an acute level of inpatient psychiatric care to a less intensive or less restrictive clinically appropriate level of psychiatric care, including a discharge home or to a home-like setting with behavioral health supports.

(13.7) "Friends and family input form" means a form created pursuant to section 27-50-110 to allow family and friends to provide health or background information about an individual receiving mental health or substance use services.

(14) "Health information organization network" has the same meaning as defined in section 25-3.5-103 (8.6).

(14.5) "HIPAA" means the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, as amended.

(15) "Mental health disorder" means one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality or to control behavior.

(16) "Primary prevention" means activities and strategies used to intervene before health effects occur through measures that prevent the onset of addiction, delay initial use of alcohol, marijuana, and tobacco, deter the use of illegal drugs, and promote health and wellness.

(17) (a) "Priority populations" means people who are:

(I) Uninsured, underinsured, medicaid-eligible, publicly insured, or whose income is below thresholds established by the BHA; and

(II) Presenting with acute or chronic behavioral health needs, including but not limited to individuals who have been determined incompetent to stand trial, adults with serious mental illness, and children and youth with serious emotional disturbance.

(b) The BHA shall further identify underserved populations meeting the criteria of subsection (17)(a) of this section for specific prioritization on a regional or statewide basis based on health equity data, including but not limited to people experiencing or at risk of homelessness; children and youth at risk of out-of-home placement and their parents; people involved with the criminal or juvenile justice system; people of color; American Indians; Alaska natives; veterans; people who are pregnant; people who are lesbian, gay, bisexual, transgender, or queer or questioning; and individuals with disabilities as defined by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended. The BHA shall also consider input directly from behavioral health providers that are culturally and linguistically representative of the populations they serve. The BHA shall consider recommendations from the behavioral health administrative services organizations, the advisory council, and regional subcommittees in identifying subpopulations.

(17.3) "Recovery community organization" means an independent nonprofit organization led and governed by representatives of local communities of recovery that organize recovery-focused policy advocacy activities, carry out recovery-focused community education and outreach programs, or provide peer-run recovery support services.

(17.5) (a) "Recovery residence" means a licensed premises, place, facility, or building that provides housing accommodation for individuals with a primary diagnosis of a behavioral health disorder and that:

(I) Does not permit the possession or use of alcohol or nonprescribed or illicit drugs;

(II) Promotes independent living and life-skill development; and

(III) Provides structured activities and recovery support services that are primarily intended to promote and sustain recovery from behavioral health disorders.

(b) "Recovery residence" does not include:

(I) A private residence in which an individual related to the owner of the residence by blood, adoption, or marriage is required to abstain from substance use or receive behavioral health services for a behavioral health disorder as a condition of residing in the residence;

(II) A behavioral health entity licensed by the BHA to provide residential treatment;

(III) Permanent supportive housing. For the purposes of this subsection (17.5)(b)(III), "permanent supportive housing" means community-based affordable housing where extremely low-income individuals with complex barriers to housing stability and histories of homelessness have a dedicated rental subsidy that is not conditional on participation in supportive services and includes the same rights and responsibilities of tenancy legally guaranteed by a lease agreement and access to intensive coordinated supportive services designed to support tenants to live independently with improved health outcomes and reduced emergency system utilization.

(IV) Shelters, emergency overflow beds, beds in service pursuant to emergency protocols, any other form of transient or exigent housing that has an average stay of less than three days, or housing options that are under the primary oversight of the division of housing in the department of local affairs;

(V) A health facility, as defined in section 24-33.5-1202; or

(VI) A community-based organization or program that has a primary mission of providing supportive services to individuals released from jail or prison, or otherwise involved in the criminal justice system, and that does not require the individual to have a primary behavioral health disorder in order to receive services, including housing.

(18) (a) "State agency" means any state department, state office, or state division in Colorado that administers a behavioral health program.

(b) "State agency" does not include the judicial branch of state government.

(19) "State board" means the state board of human services created pursuant to section 26-1-107.

(20) "Substance use disorder" means a chronic relapsing brain disease, characterized by recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home.

(21) "Substance use disorder program" means a program for the detoxification, withdrawal, maintenance, or treatment of a person with a substance use disorder.