SB 25-042

Senate Bill 25-042, titled "Behavioral Health Crisis Response Recommendations," aims to improve Colorado's response to mental health crises. The bill requires the Department of Public Safety and the Behavioral Health Administration to work with stakeholders to identify existing resources and model programs for handling behavioral health emergencies, as well as gaps in funding and reimbursement for these services. They must compile a list of resources, report on identified issues, and develop recommendations to address them. Additionally, it mandates that hospitals conduct thorough evaluations for individuals placed under emergency mental health holds and ensures proper discharge or transfer procedures based on the criteria set by federal law. The bill has been signed into law, meaning its provisions are now in effect and will help enhance Colorado's behavioral health crisis response system.

Official Summary

No later than June 30, 2026, the act requires the department of public safety (DPS), in collaboration with the behavioral health administration (BHA), to consult with stakeholders to identify: Existing resources and model programs that communities throughout Colorado utilize when responding to behavioral health crises, including, but not limited to, co-responder programs, alternative response programs, and mobile crisis response programs, and the reimbursement shortages and gaps within the continuum of care for behavioral health crisis response; and The reimbursement shortages and gaps within the continuum of care for behavioral health crisis response, and reimbursement and funding options that are available at the state and federal levels to address the shortages and gaps, including funding for treatment in place. The act requires DPS to compile a list of the existing resources and model programs, and report reimbursement shortages and gaps identified by the stakeholder group and develop recommendations for addressing the shortages and gaps. The act requires DPS to make the resources, model programs, and recommendations publicly available on DPS's website. On or before January 1, 2027, the act requires the BHA, in collaboration with the department of health care policy and financing (HCPF), to provide information to the general assembly regarding the reimbursement shortages and gaps within the continuum of care for behavioral health crisis response and the reimbursement and funding options at the state and federal level that are available to address the shortages and gaps, including funding for treatment in place. The act requires HCPF to reimburse an institution for mental diseases for providing inpatient mental health treatment to a member for up to 60 days or to the extent permitted by federal law. Current law requires each person detained for an emergency mental health hold to receive an evaluation as soon as possible after the person is presented to a facility, and the evaluation may, but is not required to, include an assessment to determine if the person continues to meet the criteria for an emergency mental health hold and requires further mental health care in a facility designated by the commissioner. The act requires the evaluation to include the assessment determination. The act requires a hospital that is subject to the federal "Emergency Medical Treatment and Labor Act" to only discharge a person placed on an emergency mental health hold if the person no longer meets the criteria for an emergency mental health hold; except that a hospital may transfer the person to another hospital if the hospital is unable to provide the appropriate medical or behavioral health care to the person and the receiving hospital agrees to the transfer. (Note: This summary applies to this bill as enacted.)

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