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HB26-1305 • 2026

Licensing of Behavioral Health Facilities

The bill allows remote psychiatric inpatient health-care facilities to operate under a main hospital's license if certain conditions are met. The bill outlines the process by which a remote psychiatri

Healthcare
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rep. M. Lukens, Sen. D. Roberts, Rep. K. Brown, Rep. M. Duran, Rep. C. Espenoza, Rep. R. Gonzalez, Rep. J. Jackson, Rep. S. Lieder, Rep. M. Lindsay, Rep. B. Marshall, Rep. J. McCluskie, Rep. K. McCormick, Rep. K. Nguyen, Rep. N. Ricks, Rep. M. Rutinel, Rep. L. Smith, Rep. K. Stewart, Rep. R. Stewart
Last action
2026-04-13
Official status
Senate Second Reading Passed with Amendments - Floor
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details about distance or bed count requirements, only that facilities must meet federal and state standards for psychiatric hospitals.

Licensing of Behavioral Health Facilities

This bill allows remote psychiatric inpatient health-care facilities to operate under a main hospital's license if certain conditions are met.

What This Bill Does

  • Allows remote psychiatric inpatient locations to be licensed under a main hospital’s general hospital license, provided they meet specific criteria.
  • Outlines the process for applying and maintaining this type of licensing arrangement.
  • Requires that these facilities must continue to meet federal and state standards for psychiatric hospitals.

Who It Names or Affects

  • Remote psychiatric inpatient health-care facilities
  • Main hospitals that operate remote locations

Terms To Know

Main Hospital
A healthcare facility licensed as a general hospital and operating a remote psychiatric inpatient location under its license.
Remote Psychiatric Inpatient Location
A standalone health-care facility delivering services under the name, ownership, and control of a main hospital, located within 35 miles of it in a rural area.

Limits and Unknowns

  • The bill does not specify an effective date.
  • It is unclear how existing facilities will transition to this new licensing model.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

Second Reading

Passed [**]

Plain English: The amendment adds a new condition allowing certain psychiatric facilities to operate under the license of a main hospital if they meet specific criteria.

  • Adds a new subsection (9) that allows health-care facilities delivering services under a main hospital's name and control to become remote psychiatric inpatient locations if they were previously licensed as psychiatric hospitals, had federal provider-based status, meet certain criteria, and accept Medicaid.
  • The amendment text does not specify all the details of how these facilities will be regulated or what specific criteria must be met beyond those mentioned.

Bill History

  1. 2026-04-13 Senate

    Senate Second Reading Passed with Amendments - Floor

  2. 2026-04-09 Senate

    Senate Committee on Health & Human Services Refer Unamended - Consent Calendar to Senate Committee of the Whole

  3. 2026-03-25 Senate

    Introduced In Senate - Assigned to Health & Human Services

  4. 2026-03-23 House

    House Third Reading Passed - No Amendments

  5. 2026-03-20 House

    House Second Reading Special Order - Passed - No Amendments

  6. 2026-03-17 House

    House Committee on Health & Human Services Refer Unamended to House Committee of the Whole

  7. 2026-02-27 House

    Introduced In House - Assigned to Health & Human Services

Official Summary Text

The bill allows remote psychiatric inpatient health-care facilities to operate under a main hospital's license if certain conditions are met. The bill outlines the process by which a remote psychiatric inpatient health-care facility can apply to operate under a main hospital.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 26-0847.01 Veronica Parish x2606 HOUSE BILL 26-1305
House Committees Senate Committees
Health & Human Services Health & Human Services
A BILL FOR AN ACT
CONCERNING ENHANCING ACCESS TO INPATIENT BEHAVIORAL HEALTH101
BY ALIGNING STATE AND FEDERAL STATUTES.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill allows remote psychiatric inpatient health-care facilities
to operate under a main hospital's license if certain conditions are met.
The bill outlines the process by which a remote psychiatric inpatient
health-care facility can apply to operate under a main hospital.
SENATE
Amended 2nd Reading
April 13, 2026
HOUSE
3rd Reading Unamended
March 23, 2026
HOUSE
2nd Reading Unamended
March 20, 2026
HOUSE SPONSORSHIP
Lukens, Brown, Duran, Espenoza, Gonzalez R ., Jackson, Lieder, Lindsay, Marshall,
McCluskie, McCormick, Nguyen, Ricks, Rutinel, Smith, Stewart K., Stewart R.
SENATE SPONSORSHIP
Roberts,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-1.5-103, add2
(1)(e) as follows:3
25-1.5-103. Health facilities - powers and duties of department4
- rules - limitations on rules - definitions - repeal.5
(1) The department has, in addition to all other powers and duties6
imposed upon it by law, the powers and duties provided in this section as7
follows:8
(e) TO ESTABLISH AND ENFORCE STANDARDS FOR THE OPERATION9
AND MAINTENANCE OF REMOTE PSYCHIATRIC INPATIENT LOCATIONS OF10
GENERAL HOSPITALS, AS DEFINED IN SECTION 25-3-101 (2)(d).11
SECTION 2. In Colorado Revised Statutes, 25-3-101, add (2)(c),12
(2)(d), (5), (6), (7), (8), and (9) as follows:13
25-3-101. Hospitals - health facilities - licensed - definitions.14
(2) As used in this section, unless the context otherwise requires:15
(c) "MAIN HOSPITAL" MEANS A HEALTH -CARE FACILITY THAT IS16
LICENSED AS A GENERAL HOSPITAL AND OPERATES A REMOTE PSYCHIATRIC17
INPATIENT LOCATION UNDER A GENERAL HOSPITAL'S LICENSE.18
(d) "REMOTE PSYCHIATRIC INPATIENT LOCATION OF A GENERAL19
HOSPITAL" OR "REMOTE PSYCHIATRIC INPATIENT LOCATION " MEANS A20
HEALTH-CARE FACILITY THAT IS FEDERALLY DETERMINED OR SEEKING21
FEDERAL DETERMINATION AS A REMOTE LOCATION OF A MAIN HOSPITAL22
WITH PROVIDER-BASED STATUS PURSUANT TO 42 CFR 413.65, DELIVERS23
HEALTH-CARE SERVICES UNDER THE NAME, OWNERSHIP, AND FINANCIAL24
AND ADMINISTRATIVE CONTROL OF A MAIN HOSPITAL , AND MEETS THE25
FOLLOWING CRITERIA:26
(I) (A) W AS INITIALLY LICENSED BY THE DEPARTMENT AS A27
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PSYCHIATRIC HOSPITAL; OR1
(B) WOULD OTHERWISE BE SUBJECT TO LICENSING AS A2
PSYCHIATRIC HOSPITAL;3
(II) MEETS ALL THE STATE BOARD OF HEALTH LICENSING RULES4
FOR A PSYCHIATRIC HOSPITAL, INCLUDING BUILDING STANDARDS ADOPTED5
PURSUANT TO SECTION 25-1-108 (1)(c)(II);6
(III) IS A STANDALONE FACILITY NOT LOCATED ON ANY HOSPITAL7
CAMPUS;8
(IV) IS LOCATED WITHIN THIRTY -FIVE MILES OF THE MAIN9
HOSPITAL IN A RURAL AREA AS DEFINED IN SECTION 25-1.5-103 (3)(b);10
AND11
(V) OFFERS PRIMARILY INPATIENT PSYCHIATRIC SERVICES WITH12
SEVENTEEN OR MORE INPATIENT BEDS.13
(5) A HEALTH-CARE FACILITY THAT IS A REMOTE PSYCHIATRIC14
INPATIENT LOCATION OF A GENERAL HOSPITAL IS NOT REQUIRED TO BE15
SEPARATELY LICENSED AS A PSYCHIATRIC HOSPITAL . THE DEPARTMENT16
SHALL RECOGNIZE THE HEALTH-CARE FACILITY AS LAWFULLY LICENSED17
UNDER THE MAIN HOSPITAL'S GENERAL LICENSE, UPON PROOF THAT THE18
REMOTE PSYCHIATRIC INPATIENT LOCATION SATISFIES THE CRITERIA IN19
SUBSECTION (2)(d) OF THIS SECTION.20
(6) A REMOTE PSYCHIATRIC INPATIENT LOCATION OF A GENERAL21
HOSPITAL IS SUBJECT TO STATE BOARD OF HEALTH LICENSING RULES FOR22
PSYCHIATRIC HOSPITALS AND IS NOT SUBJECT TO STATE BOARD OF HEALTH23
LICENSING RULES FOR GENERAL HOSPITALS.24
(7) A NY ENFORCEMENT ACTION BY THE DEPARTMENT MUST BE25
TAKEN AGAINST THE MAIN HOSPITAL 'S GENERAL HOSPITAL LICENSE ,26
REGARDLESS OF WHETHER THE ACTION ARISES FROM CONDUCT THAT27
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OCCURS AT THE MAIN HOSPITAL LOCATION OR THE REMOTE PSYCHIATRIC1
INPATIENT LOCATION.2
(8) I N THE EVENT THAT THE REMOTE PSYCHIATRIC INPATIENT3
LOCATION IS NO LONGER FEDERALLY DETERMINED AS A REMOTE LOCATION4
OF A GENERAL HOSPITAL WITH PROVIDER-BASED STATUS PURSUANT TO 425
CFR 413.65, THE REMOTE PSYCHIATRIC INPATIENT LOCATION MUST SEEK6
A PSYCHIATRIC HOSPITAL LICENSE IN ORDER TO CONTINUE OPERATING.7
(9) (a) A HEALTH-CARE FACILITY THAT DELIVERS HEALTH -CARE8
SERVICES UNDER THE NAME , OWNERSHIP , AND FINANCIAL AND9
ADMINISTRATIVE CONTROL OF A MAIN HOSPITAL THAT DOES NOT MEET THE10
REQUIREMENTS OF SUBSECTION (2)(d)(IV) OF THIS SECTION MAY ELECT TO11
BECOME A REMOTE PSYCHIATRIC INPATIENT LOCATION OF A GENERAL12
HOSPITAL FOR PURPOSES OF THIS SECTION IF THE FACILITY:13
(I) WAS LICENSED BY THE DEPARTMENT OF PUBLIC HEALTH AND14
ENVIRONMENT AS A PSYCHIATRIC HOSPITAL PRIOR TO THE EFFECTIVE DATE15
OF THIS SUBSECTION (9);16
(II) WAS FEDERALLY DETERMINED AS A REMOTE LOCATION OF A17
GENERAL HOSPITAL WITH PROVIDER BASED STATUS PURSUANT TO 42 CFR18
413.65 PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION (9);19
(III) MEETS THE CRITERIA DESCRIBED IN SUBSECTIONS (2)(d)(II)20
AND (2)(d)(V) OF THIS SECTION; AND21
(IV) I S CERTIFIED TO ACCEPT MEDICAID AND SERVES MEDICAID22
MEMBERS.23
(b) A HEALTH -CARE FACILITY THAT QUALIFIES AS A REMOTE24
PSYCHIATRIC INPATIENT LOCATION OF A GENERAL HOSPITAL PURSUANT TO25
THIS SUBJECTION (9) IS SUBJECT TO THE SAME REQUIREMENTS APPLIED TO26
A REMOTE PSYCHIATRIC INPATIENT LOCATION PURSUANT TO THIS SECTION.27
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SECTION 3. In Colorado Revised Statutes, 25-3-102, add1
(1)(d.5) and (4) as follows:2
25-3-102. License - application - issuance - certificate of3
compliance required - rules.4
(1) (d.5) THE MAIN HOSPITAL MUST DEMONSTRATE THAT IT MEETS5
THE FOLLOWING CONDITIONS IN ITS APPLICATION FOR RENEWAL OF A6
LICENSE DESCRIBED IN SECTION 25-3-101 IN ORDER FOR A REMOTE7
PSYCHIATRIC INPATIENT LOCATION TO CONTINUE TO OPERATE UNDER THE8
MAIN HOSPITAL'S GENERAL HOSPITAL LICENSE:9
(I) THE REMOTE PSYCHIATRIC INPATIENT LOCATION IS DESIGNATED10
BY THE COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION TO11
PROVIDE SERVICES PURSUANT TO ARTICLE 65 OF TITLE 27;12
(II) THE REMOTE PSYCHIATRIC INPATIENT LOCATION IS FEDERALLY13
DETERMINED AS A REMOTE LOCATION OF A GENERAL HOSPITAL WITH14
PROVIDER-BASED STATUS PURSUANT TO 42 CFR 413.65;15
(III) THE REMOTE PSYCHIATRIC INPATIENT LOCATION MEETS ALL16
STATE BOARD OF HEALTH PSYCHIATRIC HOSPITAL RULES; AND17
(IV) THE REMOTE PSYCHIATRIC INPATIENT LOCATION IS CERTIFIED18
TO ACCEPT MEDICAID AND SERVES MEDICAID MEMBERS.19
(4) IF AT ANY TIME A REMOTE PSYCHIATRIC INPATIENT LOCATION20
OF A GENERAL HOSPITAL IS NO LONGER FEDERALLY DETERMINED TO HAVE21
PROVIDER-BASED STATUS PURSUANT TO 42 CFR 413.65, THE REMOTE22
PSYCHIATRIC INPATIENT LOCATION MUST SECURE A PSYCHIATRIC HOSPITAL23
LICENSE FROM THE DEPARTMENT TO CONTINUE OPERATIONS.24
SECTION 4. In Colorado Revised Statutes, 25-3-102.1, amend25
(1)(b)(III); and add (1)(b)(IV) as follows:26
25-3-102.1. Deemed status for certain facilities.27
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(1) (b) (III) If the department of public health and environment1
takes an enforcement activity, as defined in section 25-1.5-103 (2)(b.5),2
against a health facility to which it has granted deemed status pursuant to3
this paragraph (b) SUBSECTION (1)(b), the department may revoke the4
health facility's deemed status.5
(IV) (A) A REMOTE PSYCHIATRIC INPATIENT LOCATION OF A6
GENERAL HOSPITAL MUST ONLY BE DEEMED BY THE DEPARTMENT TO MEET7
THE REQUIREMENTS FOR RENEWAL UNDER THE GENERAL HOSPITAL 'S8
LICENSE IF A PSYCHIATRIC HOSPITAL ACCREDITING ORGANIZATION HAS9
DETERMINED THAT THE REMOTE PSYCHIATRIC INPATIENT LOCATION10
SATISFIES SPECIALIZED PSYCHIATRIC REQUIREMENTS TO BE ACCREDITED11
AS A PSYCHIATRIC HOSPITAL.12
(B) NOTHING IN THIS SECTION PREVENTS THE DEPARTMENT FROM13
CONDUCTING AN INSPECTION OF THE REMOTE PSYCHIATRIC INPATIENT14
LOCATION FOR LICENSING OR OTHER REQUIREMENTS.15
(C) NOTHING IN THIS SECTION PREVENTS THE DEPARTMENT FROM16
CONDUCTING AN INSPECTION OF A REMOTE PSYCHIATRIC INPATIENT17
LOCATION TO INVESTIGATE A COMPLAINT REGARDING A VIOLATION OF18
SECTION 27-65-106, 27-65-107, 27-65-108.5, 27-65-109, 27-65-110, OR19
27-65-119 TO THE EXTENT THE COMPLAINT IS APPLICABLE TO A20
HEALTH-CARE FACILITY LICENSED BY THE DEPARTMENT.21
SECTION 5. In Colorado Revised Statutes, 25-3-105, add22
(1)(a)(IV) as follows:23
25-3-105. License - fee - rules - performance incentive system24
- penalty.25
(1) (a) (IV) A MAIN HOSPITAL WITH A REMOTE PSYCHIATRIC26
INPATIENT LOCATION IS SUBJECT TO A SEPARATE LICENSING FEE FOR EACH27
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REMOTE PSYCHIATRIC INPATIENT LOCATION OPERATING UNDER A SINGLE1
GENERAL HOSPITAL LICENSE.2
SECTION 6. Safety clause. The general assembly finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety or for appropriations for5
the support and maintenance of the departments of the state and state6
institutions.7
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