Mental Health Access

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0197.03 Conrad Imel x2313 SENATE BILL 26-008
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING MEASURES TO IMPR OVE ACCESS TO MENTAL HEALTH101
SERVICES, AND , IN CONNECTION THEREWITH , CREATING AN102
ENTERPRISE TO IMPOSE A FEE TO FUND MENTAL HEALTH103
SERVICES AND CREATING A PROGRAM TO FACILITATE ACCESS TO104
MENTAL HEALTH SERVICES FOR ADULTS.105
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 establishes the adult mental health services program
(program) to facilitate access for adults to mental health services,
SENATE SPONSORSHIP
Michaelson Jenet,
HOUSE SPONSORSHIP
Gilchrist,
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.
including substance use disorder services, and to respond to identified
mental health needs. The program reimburses providers for up to 6 mental
health sessions with an adult and may provide additional reimbursement,
subject to available money. The adult mental health program enterprise
(enterprise), created in the bill, creates, operates, and funds the program.
The enterprise is required to enter into an agreement with a vendor to
create or use an existing website or web-based application as a portal that
is available to adults and providers to facilitate the program. The
department of human services is required to annually report to the general
assembly about the program.
The bill establishes the internet-enabled mental health access grant
program (grant program) to award grants to entities that use the internet
to facilitate mental health services. The enterprise administers the grant
program. The enterprise shall annually report to the health and human
services committees of the house of representatives and the senate about
the grant program.
The bill creates the mental health services enterprise as a
government-owned business within the behavioral health administration
for the business purpose of imposing and collecting a surcharge on
internet service account holders in Colorado and to use the surcharge
revenue to create, operate, and fund the adult mental health services
program and internet-enabled mental health access grant program. Each
internet service provider shall collect from its account holders located in
Colorado the mental health services access surcharge and remit the
surcharge to the enterprise.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 6 to article2
60 of title 27 as follows:3
PART 64
MENTAL HEALTH ACCESS AND ENTERPRISE5
27-60-601. Short title.6
THE SHORT TITLE OF THIS PART 6 IS THE "COLORADO MENTAL7
HEALTH ACCESS ACT".8
27-60-602. Legislative declaration.9
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:10
(a) M ENTAL HEALTH SERVICES PROGRAMS THAT UTILIZE THE11
SB26-008-2-
INTERNET TO FACILITATE MENTAL HEALTH SERVICES PROVIDE VALUABLE1
BENEFITS TO INTERNET SERVICE ACCOUNT HOLDERS BY MAKING MENTAL2
HEALTH SERVICES ACCESSIBLE TO EVERYONE IN THE STATE. COLORADANS'3
ACCESS TO MENTAL HEALTH SERVICES HAS INCREASED DUE TO THE4
AVAILABILITY OF TELEHEALTH APPOINTMENTS, WHICH USE THE INTERNET5
TO CONDUCT VIDEO OR AUDIO APPOINTMENTS . TELEHEALTH ALLOWS A6
PROVIDER TO ASSESS , DIAGNOSE, CONSULT, TREAT, AND PROVIDE CARE7
MANAGEMENT SERVICES FOR A PERSON LOCATED AT A DIFFERENT SITE8
FROM THE PROVIDER. MENTAL HEALTH SERVICE PROGRAMS THAT UTILIZE9
THE INTERNET , INCLUDING THE ADULT MENTAL HEALTH SERVICES10
PROGRAM CREATED IN THIS PART 6, WILL PROVIDE VALUABLE BENEFITS11
AND SERVICES TO INTERNET SERVICE ACCOUNT HOLDERS STATEWIDE12
WHEN THE MENTAL HEALTH SERVICES ENTERPRISE FUNDS THE PROGRAMS.13
THE PROGRAMS WILL FACILITATE INCREASED ACCESS TO MENTAL HEALTH14
SERVICES AVAILABLE FROM ANY JURISDICTION IN COLORADO.15
(b) B Y PROVIDING THE BENEFITS AND SERVICES SPECIFIED IN16
SUBSECTION (1)(a) OF THIS SECTION , THE MENTAL HEALTH SERVICES17
ENTERPRISE ENGAGES IN AN ACTIVITY CONDUCTED IN THE PURSUIT OF A18
BENEFIT, GAIN , OR LIVELIHOOD , AND THEREFORE OPERATES AS A19
BUSINESS;20
(c) C ONSISTENT WITH THE DETERMINATION OF THE COLORADO21
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89622
P.2d 859 (COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS23
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE24
X OF THE STATE CONSTITUTION, IT IS THE CONCLUSION OF THE GENERAL25
ASSEMBLY THAT THE SURCHARGE IMPOSED BY THE ENTERPRISE IS A FEE,26
NOT A TAX , BECAUSE THE SURCHARGE IS IMPOSED FOR THE SPECIFIC27
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PURPOSE OF ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS OF1
PROVIDING THE BENEFITS AND SERVICES SPECIFIED IN SUBSECTION (1)(a)2
OF THIS SECTION TO USERS OF INTERNET SERVICE ACCOUNTS AND THE3
SURCHARGE IS IMPOSED AT A RATE THAT IS REASONABLY CALCULATED4
BASED ON THE COST OF THE SERVICES RECEIVED BY USERS OF INTERNET5
SERVICE ACCOUNTS;6
(d) S O LONG AS THE MENTAL HEALTH SERVICES ENTERPRISE7
QUALIFIES AS AN ENTERPRISE FOR PURPOSES OF SECTION 20 OF ARTICLE X8
OF THE STATE CONSTITUTION , THE REVENUE FROM THE SURCHARGE9
IMPOSED BY THE ENTERPRISE IS NOT STATE FISCAL YEAR SPENDING , AS10
DEFINED IN SECTION 24-77-102 (17), OR STATE REVENUES, AS DEFINED IN11
SECTION 24-77-103.6 (6)(c), AND DOES NOT COUNT AGAINST EITHER THE12
STATE FISCAL YEAR SPENDING LIMIT IMPOSED BY SECTION 20 OF ARTICLE13
X OF THE STATE CONSTITUTION OR THE EXCESS STATE REVENUES CAP, AS14
DEFINED IN SECTION 24-77-103.6 (6)(b)(I); AND15
(e) NO OTHER ENTERPRISE CREATED SIMULTANEOUSLY OR WITHIN16
THE PRECEDING FIVE YEARS SERVES PRIMARILY THE SAME PURPOSE AS THE17
MENTAL HEALTH SERVICES ENTERPRISE , AND THE MENTAL HEALTH18
SERVICES ENTERPRISE WILL GENERATE REVENUE FROM SURCHARGES OF19
LESS THAN ONE HUNDRED MILLION DOLLARS TOTAL IN ITS FIRST FIVE20
FISCAL YEARS. ACCORDINGLY, THE CREATION OF THE MENTAL HEALTH21
SERVICES ENTERPRISE DOES NOT REQUIRE VOTER APPROVAL PURSUANT TO22
SECTION 24-77-108.23
27-60-603. Definitions.24
AS USED IN THIS PART 6, UNLESS THE CONTEXT OTHERWISE25
REQUIRES:26
(1) "ADULT MENTAL HEALTH SERVICES PROGRAM" OR "PROGRAM"27
SB26-008-4-
MEANS THE PROGRAM CREATED IN SECTION 27-60-604.1
(2) "BEHAVIORAL HEALTH ADMINISTRATION" OR "BHA" MEANS2
THE BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED IN SECTION3
27-50-102.4
(3) "E LIGIBLE ADULT " MEANS AN INDIVIDUAL WHO IS NOT A5
YOUTH, AS DEFINED IN SECTION 27-60-109 (1)(e).6
(4) "E NTERPRISE" MEANS THE MENTAL HEALTH SERVICES7
ENTERPRISE CREATED IN SECTION 27-60-606.8
(5) "GRANT PROGRAM" MEANS THE INTERNET-ENABLED MENTAL9
HEALTH ACCESS GRANT PROGRAM CREATED IN SECTION 27-60-605.10
(6) "I NTERNET SERVICE ACCOUNT HOLDER " OR "ACCOUNT11
HOLDER" MEANS A PERSON WHO MAINTAINS AN ACCOUNT WITH AN12
INTERNET SERVICE PROVIDER TO RECEIVE BROADBAND INTERNET ACCESS13
SERVICE, AS DEFINED IN SECTION 40-15-209 (4)(a).14
(7) "INTERNET SERVICE PROVIDER" HAS THE MEANING SET FORTH15
IN SECTION 40-15-209 (4)(b).16
(8) "M ENTAL HEALTH SERVICE PROVIDER " MEANS A LICENSED17
PSYCHIATRIST REGULATED PURSUANT TO ARTICLE 240 OF TITLE 12 OR ANY18
OF THE FOLLOWING LICENSEES , CERTIFIED PROFESSIONALS , OR19
CANDIDATES REGULATED PURSUANT TO ARTICLE 245 OF TITLE 12: A20
LICENSED PSYCHOLOGIST OR PSYCHOLOGIST CANDIDATE; LICENSED SOCIAL21
WORKER, LICENSED CLINICAL SOCIAL WORKER , OR CLINICAL SOCIAL22
WORKER CANDIDATE; LICENSED MARRIAGE AND FAMILY THERAPIST OR23
MARRIAGE AND FAMILY THERAPIST CANDIDATE; LICENSED PROFESSIONAL24
COUNSELOR OR LICENSED PROFESSI ONAL C OUNSELOR CANDIDATE ; OR25
LICENSED ADDICTION COUNSELOR, CERTIFIED ADDICTION SPECIALIST, OR26
ADDICTION COUNSELOR CANDIDATE.27
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(9) "M ENTAL HEALTH SERVICES ENTERPRISE CASH FUND " OR1
"FUND" MEANS THE MENTAL HEALTH SERVICES ENTERPRISE CASH FUND2
CREATED IN SECTION 27-60-606 (5).3
(10) "PARTICIPANT" MEANS AN INDIVIDUAL WHO PARTICIPATES IN4
A MENTAL HEALTH SESSION THAT IS REIMBURSED PURSUANT TO THE5
PROGRAM.6
(11) "PORTAL" MEANS THE WEBSITE OR WEB-BASED APPLICATION7
DESCRIBED IN SECTION 27-60-604 (3) THAT FACILITATES THE PROGRAM.8
(12) "SURCHARGE" MEANS THE MENTAL HEALTH SERVICES ACCESS9
SURCHARGE IMPOSED BY THE ENTERPRISE PURSUANT TO SECTION10
27-60-606 (2)(a).11
(13) "T ELEHEALTH" HAS THE SAME MEANING SET FORTH IN12
SECTION 10-16-123 (4)(e).13
27-60-604. Adult mental health services program - created -14
report - rules.15
(1) (a) T HE ADULT MENTAL HEALTH SERVICES PROGRAM IS16
ESTABLISHED TO FACILITATE ELIGIBLE ADULTS ' ACCESS TO MENTAL17
HEALTH SERVICES, INCLUDING SUBSTANCE USE DISORDER SERVICES, AND18
TO RESPOND TO MENTAL HEALTH NEEDS IDENTIFIED IN AN INITIAL MENTAL19
HEALTH SCREENING CONDUCTED THROUGH THE PORTAL . THE PROGRAM20
REIMBURSES MENTAL HEALTH SERVICE PROVIDERS FOR UP TO SIX MENTAL21
HEALTH SESSIONS WITH AN ELIGIBLE ADULT.22
(b) THE MENTAL HEALTH SERVICES ENTERPRISE SHALL CREATE ,23
OPERATE, AND FUND THE PROGRAM . THE ENTERPRISE SHALL CONSULT24
WITH THE BHA IN THE CREATION AND OPERATION OF THE PROGRAM.25
(c) T HE PROGRAM MUST REIMBURSE MENTAL HEALTH SERVICE26
PROVIDERS WHO PARTICIPATE IN THE PROGRAM FOR EACH MENTAL HEALTH27
SB26-008-6-
SESSION WITH A PARTICIPANT, EITHER IN PERSON OR BY TELEHEALTH, UP1
TO A MAXIMUM OF SIX SESSIONS PER PARTICIPANT; EXCEPT THAT, SUBJECT2
TO AVAILABLE MONEY, THE PROGRAM MAY REIMBURSE A PROVIDER FOR3
ADDITIONAL SESSIONS. TO BE ELIGIBLE FOR REIMBURSEMENT FROM THE4
PROGRAM, A MENTAL HEALTH SERVICE PROVIDER MUST BE AVAILABLE TO5
PROVIDE AT LEAST SIX MENTAL HEALTH SESSIONS TO EACH PARTICIPANT6
THE PROVIDER ACCEPTS AS A CLIENT.7
(d) A MENTAL HEALTH SERVICE PROVIDER SHALL MAINTAIN CLIENT8
CONFIDENTIALITY PURSUANT TO STATE OR FEDERAL LAW WITH REGARD TO9
A CLIENT WHO PARTICIPATES IN A MENTAL HEALTH SESSION WITH THE10
PROVIDER WHO IS REIMBURSED PURSUANT TO THE PROGRAM.11
(2) (a) THE ENTERPRISE SHALL:12
(I) DEVELOP A PROCESS CONSISTENT WITH THE REQUIREMENTS OF13
THIS SECTION FOR MENTAL HEALTH SERVICE PROVIDERS TO APPLY FOR ,14
AND DEMONSTRATE ELIGIBILITY TO RECEIVE, REIMBURSEMENT FROM THE15
PROGRAM;16
(II) D ETERMINE A REASONABLE RATE OF REIMBURSEMENT FOR17
EACH MENTAL HEALTH SESSION PROVIDED PURSUANT TO THE PROGRAM.18
THE RATE MUST BE THE SAME REGARDLESS OF WHETHER THE19
APPOINTMENT IS AN IN-PERSON OR TELEHEALTH APPOINTMENT.20
(III) IMPLEMENT A STATEWIDE PUBLIC AWARENESS AND OUTREACH21
CAMPAIGN ABOUT THE PROGRAM. THE GENERAL ASSEMBLY ENCOURAGES22
THE ENTERPRISE TO INVOLVE HEALTH -CARE PROVIDERS , FAITH -BASED23
ORGANIZATIONS, AND OTHER COMMUNITY -BASED ORGANIZATIONS IN24
DISSEMINATING INFORMATION ABOUT THE PROGRAM.25
(b) T HE ENTERPRISE MAY ADOPT RULES NECESSARY FOR THE26
ADMINISTRATION OF THIS SECTION , INCLUDING RULES TO PROTECT THE27
SB26-008-7-
PRIVACY OF PROGRAM PARTICIPANTS.1
(3) THE ENTERPRISE SHALL ENTER INTO AN AGREEMENT WITH A2
VENDOR TO CREATE OR USE AN EXISTING WEBSITE OR WEB -BASED3
APPLICATION AS A PORTAL THAT IS AVAILABLE TO ELIGIBLE ADULTS ,4
PARTICIPANTS, AND MENTAL HEALTH SERVICE PROVIDERS TO FACILITATE5
THE PROGRAM. THE PORTAL MUST:6
(a) S ERVE AS A PLATFORM FOR INITIAL MENTAL HEALTH7
SCREENINGS TO DETERMINE IF AN ELIGIBLE ADULT MAY BENEFIT FROM8
MENTAL HEALTH SUPPORT;9
(b) ALLOW MENTAL HEALTH SERVICE PROVIDERS TO REGISTER AND10
SHARE IN-PERSON OR TELEHEALTH APPOINTMENT AVAILABILITY;11
(c) WHEN POSSIBLE, CONNECT AN ELIGIBLE ADULT WITH MENTAL12
HEALTH SERVICE PROVIDERS WHO ACCEPT THE ELIGIBLE ADULT 'S13
INSURANCE OR PAYMENT SOURCE , WHICH MAY COVER THE COSTS OF14
ONGOING MENTAL HEALTH TREATMENT , IF THE ELIGIBLE ADULT HAS15
INSURANCE OR A PAYMENT SOURCE; AND16
(d) ALLOW AN ELIGIBLE ADULT, REGARDLESS OF WHETHER THE17
ELIGIBLE ADULT HAS INSURANCE OR ANY OTHER PAYMENT SOURCE , TO18
SCHEDULE TELEHEALTH APPOINTMENTS WITH A MENTAL HEALTH SERVICE19
PROVIDER. AN IN-PERSON APPOINTMENT MAY BE PROVIDED IF AND WHEN20
AVAILABLE.21
(4) (a) ON OR BEFORE JUNE 1, 2028, AND ON OR BEFORE JUNE 1 OF22
EACH YEAR THEREAFTER, THE VENDOR DESCRIBED IN SUBSECTION (3) OF23
THIS SECTION SHALL DELIVER TO THE ENTERPRISE ANY OF THE FOLLOWING,24
COLLECTED DURING THE PRIOR YEAR:25
(I) I NFORMATION ABOUT THE PROGRAM COLLECTED FROM26
SURVEYS OF PARTICIPANTS AND MENTAL HEALTH SERVICE PROVIDERS ;27
SB26-008-8-
AND1
(II) D ATA FROM EVALUATIONS CONDUCTED BY THE VENDOR2
ABOUT THE EFFICACY OF THE PROGRAM , INCLUDING WHETHER THE3
PROGRAM IS SERVING THE MENTAL HEALTH NEEDS OF PARTICIPANTS.4
(b) O N A SCHEDULE DETERMINED BY THE ENTERPRISE , BUT AT5
LEAST ANNUALLY, THE ENTERPRISE SHALL CONDUCT A SURVEY OF EACH6
MENTAL HEALTH SERVICE PROVIDER WHO PARTICIPATES IN THE PROGRAM7
THAT SOLICITS FEEDBACK ABOUT THE FOLLOWING:8
(I) T HE MET AND UNMET MENTAL HEALTH NEEDS OF THE9
PARTICIPANTS WHO RECEIVED TREATMENT FROM THE PROVIDER;10
(II) WHETHER THE PROVIDER MADE REFERRALS FOR PARTICIPANTS11
FOR ADDITIONAL SERVICES BEYOND WHAT IS PROVIDED PURSUANT TO THE12
PROGRAM; AND13
(III) ANY OTHER ELEMENTS OF THE PROGRAM.14
(c) THE ENTERPRISE SHALL PROVIDE INFORMATION TO THE STATE15
DEPARTMENT, INCLUDING INFORMATION LEARNED FROM VENDORS AND16
MENTAL HEALTH SERVICE PROVIDERS PURSUANT TO SUBSECTIONS (4)(a)17
AND (4)(b) OF THIS SECTION, NECESSARY FOR THE STATE DEPARTMENT TO18
MAKE ITS REPORT DESCRIBED IN SUBSECTION (5) OF THIS SECTION TO THE19
HOUSE OF REPRESENTATIVES HEALTH AND HUMAN SERVICES COMMITTEE20
AND THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE , OR ANY21
SUCCESSOR COMMITTEE.22
(d) THIS SUBSECTION (4) DOES NOT AUTHORIZE THE ENTERPRISE,23
THE STATE DEPARTMENT , THE BHA, A MENTAL HEALTH SERVICE24
PROVIDER, A VENDOR , OR ANY OTHER PERSON TO VIOLATE APPLICABLE25
FEDERAL OR STATE PATIENT PRIVACY LAWS.26
(5) (a) ON OR BEFORE JUNE 30, 2027, AND ON OR BEFORE JUNE 3027
SB26-008-9-
OF EACH YEAR THEREAFTER, THE STATE DEPARTMENT SHALL REPORT TO1
THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN SERVICES2
COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE,3
OR THEIR SUCCESSOR COMMITTEES , REGARDING THE NUMBER OF4
PARTICIPANTS WHO RECEIVED SERVICES UNDER THE PROGRAM, EXCLUDING5
ANY PERSONALLY IDENTIFIABLE INFORMATION IN ACCORDANCE WITH6
STATE AND FEDERAL LAW ; INFORMATION IN AGGREGATE ABOUT THE7
SERVICES PROVIDED TO PARTICIPANTS UNDER THE PROGRAM ; OTHER8
RELEVANT INFORMATION REGARDING THE PROGRAM ; AND THE9
INFORMATION REPORTED TO THE ENTERPRISE BY THE VENDOR PURSUANT10
TO SUBSECTION (4)(a) OF THIS SECTION.11
(b) N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE12
REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS SUBSECTION (5)13
CONTINUES INDEFINITELY.14
27-60-605. Internet-enabled mental health access grant15
program - policies, procedures, and guidelines - report.16
(1) (a) THE INTERNET-ENABLED MENTAL HEALTH ACCESS GRANT17
PROGRAM IS CREATED TO AWARD GRANTS TO ENTITIES THAT USE THE18
INTERNET TO FACILITATE MENTAL HEALTH SERVICES.19
(b) THE MENTAL HEALTH SERVICES ENTERPRISE SHALL CREATE ,20
OPERATE, AND FUND THE GRANT PROGRAM . THE ENTERPRISE SHALL21
CONSULT WITH THE BHA IN THE CREATION AND OPERATION OF THE GRANT22
PROGRAM.23
(2) T O BE ELIGIBLE FOR A GRANT AWARD , AN ENTITY MUST24
OPERATE A PROGRAM THAT USES THE INTERNET , INCLUDING A WEBSITE,25
ONLINE SERVICE , ONLINE APPLICATION , OR MOBILE APPLICATION , TO26
FACILITATE ACCESS TO OR PROVIDE MENTAL HEALTH SERVICES, INCLUDING27
SB26-008-10-
SCREENING FOR MENTAL HEALTH NEEDS , FACILITATING PROVIDER1
REFERRALS, OR HOSTING TELEHEALTH MENTAL HEALTH APPOINTMENTS .2
AN ENTITY IS NOT REQUIRED TO EXCLUSIVELY USE THE INTERNET TO3
FACILITATE ACCESS TO OR PROVIDE SERVICES TO BE ELIGIBLE FOR A GRANT4
AWARD.5
(3) (a) THE ENTERPRISE SHALL ADOPT, AND POST PUBLICLY ON THE6
BHA'S WEBSITE, POLICIES, PROCEDURES, AND GUIDELINES FOR THE GRANT7
PROGRAM THAT INCLUDE, AT A MINIMUM:8
(I) PROCEDURES AND TIME LINES BY WHICH AN ELIGIBLE RECIPIENT9
MAY APPLY FOR A GRANT;10
(II) C RITERIA FOR DETERMINING GRANT ELIGIBILITY AND THE11
AMOUNT OF GRANT AWARDS; AND12
(III) R EPORTING REQUIREMENTS FOR GRANT RECIPIENTS THAT13
INCLUDE REPORTING THE USE OF A GRANT AWARD.14
(b) T HE ENTERPRISE SHALL REVIEW GRANT APPLICATIONS AND15
AWARD GRANTS IN ACCORDANCE WITH THE GRANT PROGRAM'S POLICIES,16
PROCEDURES, AND GUIDELINES.17
(4) (a) O N OR BEFORE JANUARY 31, 2028, AND ON OR BEFORE18
JANUARY 31 OF EACH YEAR THEREAFTER, THE ENTERPRISE SHALL SUBMIT19
A REPORT TO THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN20
SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES21
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , WITH INFORMATION22
ABOUT THE GRANT PROGRAM'S ACTIVITIES DURING THE PRECEDING YEAR.23
THE ENTERPRISE SHALL ALSO POST THE ANNUAL REPORT ON THE BHA'S24
WEBSITE. THE REPORT MUST INCLUDE THE NUMBER AND TOTAL AMOUNT25
OF GRANTS AWARDED BY THE GRANT PROGRAM , THE RECIPIENT AND26
AMOUNT OF EACH GRANT AWARDED , AND THE USE OF EACH GRANT27
SB26-008-11-
AWARD.1
(b) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-1362
(11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS3
SUBSECTION (4) CONTINUES INDEFINITELY.4
27-60-606. Mental health services enterprise - created - board5
- powers and duties - rules and policies - cash fund - repeal.6
(1) (a) T HERE IS CREATED IN THE BEHAVIORAL HEALTH7
ADMINISTRATION THE MENTAL HEALTH SERVICES ENTERPRISE . THE8
ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED BUSINESS9
WITHIN THE BHA FOR THE BUSINESS PURPOSE OF IMPOSING AND10
COLLECTING SURCHARGES PURSUANT TO THIS SECTION, AND UTILIZING THE11
SURCHARGE REVENUE TO CREATE , OPERATE , AND FUND THE ADULT12
MENTAL HEALTH SERVICES PROGRAM AND THE INTERNET -ENABLED13
MENTAL HEALTH ACCESS GRANT PROGRAM. THE ENTERPRISE IS A TYPE 114
ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWER AND15
PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE BHA.16
(b) THE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES17
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT18
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS19
THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS FROM ALL20
COLORADO STATE AND LOCAL GOVERNMENTS COMBINED. SO LONG AS IT21
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (1), THE22
ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE23
CONSTITUTION.24
(c) T HE ENTERPRISE IS GOVERNED BY A BOARD OF DIRECTORS25
APPOINTED BY THE GOVERNOR.26
(2) THE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO:27
SB26-008-12-
(a) E FFECTIVE JANUARY 1, 2027, IMPOSE A MENTAL HEALTH1
SERVICES ACCESS SURCHARGE ON INTERNET SERVICE ACCOUNT HOLDERS2
IN AN AMOUNT ESTABLISHED ANNUALLY BY THE ENTERPRISE, BUT NOT TO3
EXCEED TWENTY-FIVE CENTS PER MONTH PER ACCOUNT . ON OR BEFORE4
OCTOBER 1, 2026, AND ON OR BEFORE OCTOBER 1 OF EACH YEAR5
THEREAFTER, THE ENTERPRISE SHALL ESTABLISH THE AMOUNT OF THE6
SURCHARGE FOR THE NEXT CALENDAR YEAR AND PUBLISH THE7
SURCHARGE AMOUNT ON THE BHA'S WEBSITE . THE AMOUNT OF THE8
SURCHARGE MUST BE REASONABLY CALCULATED BASED ON THE COST OF9
THE SERVICES RECEIVED BY INTERNET SERVICE ACCOUNT HOLDERS10
THROUGH THE ADULT MENTAL HEALTH SERVICES PROGRAM AND11
PROGRAMS FUNDED THROUGH THE INTERNET-ENABLED MENTAL HEALTH12
ACCESS GRANT PROGRAM.13
(b) AS REQUIRED BY SECTION 27-60-604, CREATE, OPERATE, AND14
FUND THE ADULT MENTAL HEALTH SERVICES PROGRAM;15
(c) AS REQUIRED BY SECTION 27-60-605, CREATE, OPERATE, AND16
FUND THE INTERNET-ENABLED MENTAL HEALTH ACCESS GRANT PROGRAM;17
(d) ENTER INTO CONTRACTS NECESSARY FOR PROFESSIONAL AND18
TECHNICAL ASSISTANCE AND ADVICE AND TO SUPPLY OTHER SERVICES19
RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE, WITHOUT20
REGARD TO THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE21
24;22
(e) BY RESOLUTION, AUTHORIZE AND ISSUE REVENUE BONDS THAT23
ARE PAYABLE ONLY FROM THE MONEY IN THE MENTAL HEALTH SERVICES24
ENTERPRISE CASH FUND;25
(f) A DOPT RULES AS NECESSARY TO CARRY OUT THIS PART 6,26
INCLUDING RULES THAT ESTABLISH SURCHARGE REMITTANCE PROCEDURES27
SB26-008-13-
THAT ARE CONSISTENT WITH SECTION 27-60-607 (4)(a); AND1
(g) ADOPT POLICIES FOR THE REGULATION OF ITS AFFAIRS AND THE2
CONDUCT OF ITS BUSINESS CONSISTENT WITH THIS PART 6.3
(3) (a) T HE ENTERPRISE IS SUBJECT TO THE OPEN MEETINGS4
PROVISIONS OF THE "COLORADO SUNSHINE ACT OF 1972", PART 4 OF5
ARTICLE 6 OF TITLE 24.6
(b) T HE ENTERPRISE IS SUBJECT TO THE "COLORADO OPEN7
RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24. FOR PURPOSES OF THE8
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24,9
AND EXCEPT AS MAY OTHERWISE BE PROVIDED BY FEDERAL LAW OR10
REGULATION OR STATE LAW, THE RECORDS OF THE ENTERPRISE ARE PUBLIC11
RECORDS, AS DEFINED IN SECTION 24-72-202 (6), REGARDLESS OF12
WHETHER THE ENTERPRISE RECEIVES LESS THAN TEN PERCENT OF ITS13
TOTAL ANNUAL REVENUE IN GRANTS, AS DEFINED IN SECTION 24-77-10214
(7), FROM ALL COLORADO STATE AND LOCAL GOVERNMENTS COMBINED.15
(c) T HE ENTERPRISE IS A PUBLIC ENTITY FOR PURPOSES OF THE16
"SUPPLEMENTAL PUBLIC SECURITIES ACT", PART 2 OF ARTICLE 57 OF17
TITLE 11.18
(4) THE BHA SHALL PROVIDE OFFICE SPACE AND ADMINISTRATIVE19
STAFF TO THE ENTERPRISE PURSUANT TO A CONTRACT ENTERED INTO20
PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION.21
(5) (a) THE MENTAL HEALTH SERVICES ENTERPRISE CASH FUND IS22
CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF MONEY23
CREDITED TO THE FUND IN ACCORDANCE WITH THIS PART 6; ANY MONEY24
RECEIVED FROM THE ISSUANCE OF REVENUE BONDS , AS DESCRIBED IN25
SUBSECTION (2)(d) OF THIS SECTION; AND ANY OTHER MONEY THAT THE26
GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND.27
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(b) T HE STATE TREASURER SHALL CREDIT ALL INTEREST AND1
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE2
FUND TO THE FUND.3
(c) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE4
ENTERPRISE. THE ENTERPRISE MAY EXPEND MONEY FROM THE FUND FOR5
THE PURPOSES OF THIS PART 6. IN EACH FISCAL YEAR , THE ENTERPRISE6
MUST FULLY FUND THE MINIMUM REQUIREMENTS OF THE ADULT MENTAL7
HEALTH SERVICES PROGRAM SET FORTH IN SECTION 27-60-604 BEFORE8
EXPENDING MONEY FROM THE FUND FOR THE INTERNET-ENABLED MENTAL9
HEALTH ACCESS GRANT PROGRAM.10
(d) (I) SECTION 24-77-108 DOES NOT APPLY TO THE ENTERPRISE11
BECAUSE THE TOTAL AMOUNT OF MONEY CREDITED OR APPROPRIATED TO12
THE MENTAL HEALTH SERVICES ENTERPRISE CASH FUND AS THE MENTAL13
HEALTH SERVICES ACCESS SURCHARGE SHALL NOT EXCEED ONE HUNDRED14
MILLION DOLLARS IN THE FIRST FIVE FISCAL YEARS OF THE ENTERPRISE'S15
EXISTENCE.16
(II) THIS SUBSECTION (5)(d) IS REPEALED, EFFECTIVE JULY 1, 2033.17
(e) THE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,18
OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF19
THIS SECTION, SO LONG AS THE COMBINATION OF GRANTS FROM STATE AND20
LOCAL GOVERNMENTS IS LESS THAN TEN PERCENT OF THE ENTERPRISE 'S21
TOTAL ANNUAL REVENUE.22
27-60-607. Remittance of mental health services access23
surcharges - incorrect or delinquent reports - penalties -24
administrative fees - rules.25
(1) EACH INTERNET SERVICE PROVIDER SHALL COLLECT FROM ITS26
ACCOUNT HOLDERS THE MENTAL HEALTH SERVICES ACCESS SURCHARGE27
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ESTABLISHED BY THE MENTAL HEALTH SERVICES ENTERPRISE PURSUANT1
TO SECTION 27-60-606 (2)(a).2
(2) T HE DUTY TO COLLECT AND REMIT THE MENTAL HEALTH3
SERVICES ACCESS SURCHARGE COMMENCES ON JANUARY 1, 2027. THE4
MENTAL HEALTH SERVICES ACCESS SURCHARGE MUST BE STATED5
SEPARATELY ON THE ACCOUNT HOLDER'S BILLING STATEMENT.6
(3) A N INTERNET SERVICE PROVIDER IS LIABLE ONLY FOR THE7
MENTAL HEALTH SERVICES ACCESS SURCHARGE COLLECTED PURSUANT TO8
THIS PART 6 UNTIL IT IS REMITTED TO THE ENTERPRISE . THE AMOUNT9
REMITTED BY THE INTERNET SERVICE PROVIDER MUST REFLECT THE10
ACTUAL COLLECTIONS BASED ON THE ACTUAL ACCOUNT HOLDERS BILLED.11
(4) (a) A N INTERNET SERVICE PROVIDER SHALL REMIT THE12
COLLECTED SURCHARGES TO THE ENTERPRISE ON A MONTHLY BASIS IN A13
MANNER ESTABLISHED BY THE ENTERPRISE . THE ENTERPRISE SHALL14
ESTABLISH REMITTANCE PROCEDURES BY RULE . AN INTERNET SERVICE15
PROVIDER IS SUBJECT TO THE PENALTIES AND PROCEDURES DESCRIBED IN16
SUBSECTION (5) OF THIS SECTION FOR THE FAILURE TO COLLECT OR17
CORRECTLY REMIT A SURCHARGE IN ACCORDANCE WITH THIS SECTION.18
(b) AN INTERNET SERVICE PROVIDER MAY DEDUCT AND RETAIN19
ONE PERCENT OF THE SURCHARGES THAT ARE COLLECTED BY THE20
INTERNET SERVICE PROVIDER FROM ITS ACCOUNT HOLDERS TO COVER THE21
INTERNET SERVICE PROVIDER 'S ADMINISTRATIVE COSTS IN COLLECTING22
THE SURCHARGE.23
(c) THE ENTERPRISE SHALL TRANSMIT THE SURCHARGES REMITTED24
TO THE ENTERPRISE PURSUANT TO THIS SECTION TO THE STATE25
TREASURER, WHO SHALL CREDIT THE SURCHARGE COLLECTIONS TO THE26
MENTAL HEALTH SERVICES ENTERPRISE CASH FUND CREATED IN SECTION27
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27-60-606 (5). ANY SURCHARGE TRANSMITTED TO THE STATE TREASURER1
THAT IS COLLECTED ON BEHALF OF THE MENTAL HEALTH SERVICES2
ENTERPRISE IS EXCLUDED FROM STATE FISCAL YEAR SPENDING.3
(5) (a) A N INTERNET SERVICE PROVIDER SHALL MAINTAIN A4
RECORD OF THE AMOUNT OF EACH MENTAL HEALTH SERVICES ACCESS5
SURCHARGE COLLECTED FROM EACH ACCOUNT HOLDER FOR A PERIOD OF6
THREE YEARS AFTER THE TIME THE SURCHARGE WAS COLLECTED . AN7
INTERNET SERVICE PROVIDER SHALL INCLUDE WITH ITS MONTHLY8
REMITTANCE TO THE ENTERPRISE A REPORT OF THE SURCHARGES9
INCLUDED IN THE REMITTANCE.10
(b) I F AN INTERNET SERVICE PROVIDER FAILS TO TIMELY FILE A11
REPORT AND REMIT THE MENTAL HEALTH SERVICES ACCESS SURCHARGE12
AS REQUIRED BY THIS SECTION , OR IF AN INTERNET SERVICE PROVIDER13
FILES AN INCORRECT REPORT OR FAILS TO REMIT THE CORRECT AMOUNT,14
THE ENTERPRISE SHALL ESTIMATE THE AMOUNT OF THE REMITTANCE DUE15
FOR THE PERIOD OR PERIODS FOR WHICH THE INTERNET SERVICE PROVIDER16
IS DELINQUENT. THE ENTERPRISE SHALL MAKE THE ESTIMATE BASED UPON17
THE INFORMATION AVAILABLE . THE ENTERPRISE SHALL COMPUTE AND18
ASSESS A PENALTY EQUAL TO FIFTEEN PERCENT OF THE ESTIMATED19
DELINQUENT AMOUNT AND SHALL ASSESS INTEREST ON THE DELINQUENT20
SURCHARGES AT THE RATE OF ONE PERCENT EACH MONTH FROM THE DATE21
WHEN DUE UNTIL THE DATE PAID.22
(c) EXCEPT AS PROVIDED IN THIS SECTION AND UNLESS THE TIME23
IS EXTENDED BY AGREEMENT PURSUANT TO SUBSECTION (5)(d) OF THIS24
SECTION, THE AMOUNT OF A DELINQUENT REMITTANCE AND THE PENALTY25
AND INTEREST OWED PURSUANT TO SUBSECTION (5)(b) OF THIS SECTION,26
OTHER THAN INTEREST ACCRUING THEREAFTER , MUST BE ASSESSED27
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WITHIN THREE YEARS AFTER THE DATE THE INCORRECT REPORT WAS FILED1
OR THE DELINQUENT REPORT WAS TO BE FILED . THE ENTERPRISE SHALL2
NOT FILE A NOTICE OF LIEN , ISSUE A DISTRAINT WARRANT , INSTITUTE A3
SUIT FOR COLLECTION, OR TAKE OTHER ACTION TO COLLECT THE AMOUNT4
AFTER THE EXPIRATION OF THE APPLICABLE TIME PERIOD UNLESS THE5
ENTERPRISE ISSUES A NOTICE OF ASSESSMENT FOR THE AMOUNT WITHIN6
THE APPLICABLE TIME PERIOD.7
(d) IF, BEFORE THE EXPIRATION OF THE TIME PERIOD PRESCRIBED8
FOR THE ASSESSMENT OF DELINQUENT AMOUNTS IN SUBSECTION (5)(c) OF9
THIS SECTION , THE ENTERPRISE AND THE INTERNET SERVICE PROVIDER10
CONSENT IN WRITING TO AN ASSESSMENT AFTER THE TIME PERIOD , THE11
AMOUNT CALCULATED IN ACCORDANCE WITH SUBSECTION (5)(b) OF THIS12
SECTION MAY BE ASSESSED AT ANY TIME PRIOR TO THE EXPIRATION OF THE13
TIME PERIOD AGREED UPON . THE TIME PERIOD AGREED UPON MAY BE14
EXTENDED BY SUBSEQUENT AGREEMENTS IN WRITING MADE BEFORE THE15
EXPIRATION OF THE TIME PERIOD PREVIOUSLY AGREED UPON . THE16
ENTERPRISE MAY FILE A LIEN AGAINST THE PROPERTY OF THE INTERNET17
SERVICE PROVIDER FOR UP TO ONE YEAR AFTER THE EXPIRATION OF ANY18
APPLICABLE TIME PERIOD.19
(e) T HE ENTERPRISE MAY CONDUCT AN AUDIT OF AN INTERNET20
SERVICE PROVIDER'S BOOKS AND RECORDS CONCERNING THE COLLECTION21
AND REMITTANCE OF THE SURCHARGES AUTHORIZED BY THIS PART 6. A22
PUBLIC INSPECTION OF THE AUDIT AND OF DOCUMENTS REVIEWED IN THE23
AUDIT IS SUBJECT TO SECTION 24-72-204. THE ENTERPRISE IS RESPONSIBLE24
FOR EXPENSES THE ENTERPRISE MAY INCUR TO CONDUCT THE AUDIT . IN25
CONNECTION WITH AN AUDIT , AN INTERNET SERVICE PROVIDER SHALL26
MAKE RELEVANT RECORDS AVAILABLE TO THE AUDITORS AT NO CHARGE.27
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THE ENTERPRISE SHALL ADOPT RULES GOVERNING THE AUDIT AND APPEAL1
PROCEDURES.2
(f) THE ENTERPRISE SHALL DEPOSIT ANY PENALTIES OR INTEREST3
COLLECTED PURSUANT TO THIS SUBSECTION (5) IN THE ADULT MENTAL4
HEALTH PROGRAM ENTERPRISE CASH FUND.5
SECTION 2. Act subject to petition - effective date. This act6
takes effect at 12:01 a.m. on the day following the expiration of the7
ninety-day period after final adjournment of the general assembly (August8
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a9
referendum petition is filed pursuant to section 1 (3) of article V of the10
state constitution against this act or an item, section, or part of this act11
within such period, then the act, item, section, or part will not take effect12
unless approved by the people at the general election to be held in13
November 2026 and, in such case, will take effect on the date of the14
official declaration of the vote thereon by the governor.15
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