§ 27-60-109. Temporary Youth Mental Health Services Program – Established – Rules – Report – Definitions – Repeal

1. As used in this section, unless the context otherwise requires:
   1. “Portal” means the website or web-based application described in subsection (4) of this section that facilitates the program.
   2. “Program” means the temporary youth mental health services program established in this section.
   3. “Provider” means a licensed psychiatrist regulated pursuant to article 240 of title 12 or any of the following licensees, certified professionals, or candidates regulated pursuant to article 245 of title 12: A licensed psychologist or psychologist candidate; licensed social worker, licensed clinical social worker, or clinical social worker candidate; licensed marriage and family therapist or marriage and family therapist candidate; licensed professional counselor or licensed professional counselor candidate; or licensed addiction counselor, certified addiction specialist, or addiction counselor candidate.
   4. “Telehealth” has the same meaning set forth in section 10-16-123.
   5. “Youth” means:
      1. A person eighteen years of age or younger; and
      2. A person who is twenty-one years of age or younger but older than eighteen years of age who is receiving special education services pursuant to part 1 of article 20 of title 22.
2. 1. There is established in the office the temporary youth mental health services program to facilitate access to mental health services, including substance use disorder services, for youth to respond to mental health needs identified in an initial mental health screening through the portal, including those needs that may have resulted from the COVID-19 pandemic. The program reimburses providers for up to three mental health sessions with a youth.
   2. The office shall reimburse providers who participate in the program for each mental health session with a youth, either in-person or by telehealth, up to a maximum of three sessions per youth client; except that subject to available money, the state department may reimburse a provider for additional sessions. To be eligible for reimbursement from the program, a provider must be available to provide three mental health sessions to each youth the provider accepts as a client.
   3. A provider shall maintain client confidentiality pursuant to state or federal law with regard to a youth client who participates in a mental health session with the provider that is reimbursed pursuant to the program.
3. 1. The office shall:
      1. Develop a process consistent with the requirements of this section for providers to apply for, and demonstrate eligibility to receive, reimbursement from the program;
      2. Determine a reasonable rate of reimbursement for each mental health session with a youth client pursuant to the program, which rate must be the same regardless of whether the appointment is a telehealth or in-person appointment; and
      3. Implement a statewide public awareness and outreach campaign about the program. The general assembly encourages the office to involve schools, neighborhood youth organizations, health-care providers, faith-based organizations, and any other community-based organizations that interact with youth on the local level in disseminating information about the program.
   2. The state department may promulgate rules necessary for the administration of this section, including rules to protect the privacy of youth who receive services through the program.
4. 1. As soon as practicable, but no later than August 1, 2021, the state department shall enter into an agreement with a vendor to create, or use an existing, website or web-based application as a portal available to youth and providers to facilitate the program. The portal must:
      1. Serve as a platform for initial age-appropriate mental health screenings to determine if a youth may benefit from mental health support;
      2. Allow providers to register and share in-person or telehealth appointment availability;
      3. When possible, connect youth with providers who accept the youth’s insurance or payment source that may cover the costs of ongoing mental health treatment, if the youth has insurance or a payment source; and
      4. Allow a youth, regardless of whether the youth has insurance or any other payment source, to schedule telehealth appointments with a provider. An in-person appointment may be provided if and when available.
   2. The selection of a vendor pursuant to this subsection (4) is exempt from the requirements of the procurement code, articles 101 to 112 of title 24.
5. On or before January 1, 2022, and on or before June 30, 2022, the state department shall report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, regarding the number of youth who received services under the program, excluding any personally identifiable information in accordance with state and federal law; information in aggregate about the services provided to youth under the program; and other relevant information regarding the program.
6. This section is repealed, effective June 30, 2022.

Source: L. 2021: Entire section added, (HB 21-1258), ch. 265, p. 1542, § 2, effective June 18.

Cross references: For the legislative declaration in HB 21-1258, see section 1 of chapter 265, Session Laws of Colorado 2021.