C.R.S. Section 27-50-104
Powers and duties of the commissioner

  • rules

(1)

Intentionally left blank —Ed.

(a)

The commissioner may adopt “commissioner rules” for behavioral health programs administered and services provided by the BHA as listed in section 27-50-105 (1). The rules must be promulgated in accordance with section 24-4-103.

(b)

Any rules adopted by the executive director of the department of human services prior to July 1, 2022, to implement the behavioral health programs to be administered and services to be provided by the BHA listed in section 27-50-105 (1), and whose content meets the definition of “executive director rules” pursuant to section 26-1-108, are effective until revised, amended, or repealed by the commissioner.

(2)

“Commissioner rules” are solely within the province of the commissioner, except those determinations precluded by authority granted to the state board of human services. “Commissioner rules” must include:

(a)

Matters of internal administration in the BHA, including organization, staffing, records, reports, systems, and procedures;

(b)

Fiscal and personnel administration for the BHA; and

(c)

Accounting and fiscal reporting rules for disbursement of federal funds, contingency funds, and proration of available appropriations.

(3)

Whenever a statutory grant of rule-making authority in this title 27 refers to the BHA, it means the behavioral health administration acting through either the state board of human services, the commissioner, or both. When exercising rule-making authority pursuant to this title 27, the BHA shall promulgate rules consistent with the powers and the distinction between “board rules” as set forth in section 26-1-107 and “commissioner rules” as set forth in this section.

(4)

The rules promulgated by the commissioner pertaining to this title 27 are binding upon the behavioral health providers, vendors, and agents of the BHA. At any public hearing relating to a proposed rule, interested persons have the right to present the person’s data, views, or arguments orally. Proposed rules of the commissioner are subject to section 24-4-103.

Source: Section 27-50-104 — Powers and duties of the commissioner - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-27.­pdf (accessed Oct. 20, 2023).

27‑50‑101
Definitions 27‑50‑102
Behavioral health administration - creation - coordination - health oversight agency 27‑50‑103
Behavioral health commissioner - appointment - powers, duties, and functions - subdivisions of the BHA 27‑50‑104
Powers and duties of the commissioner - rules 27‑50‑105
Administration of behavioral health programs - state plan - sole mental health authority - gifts, grants, or donations 27‑50‑106
Transfer of functions 27‑50‑107
State board of human services - rules 27‑50‑108
Systemwide behavioral health grievance system 27‑50‑201
Behavioral health system monitoring - capacity - safety net performance 27‑50‑202
Formal agreements - state agencies and tribal governments 27‑50‑203
Universal contracting provisions - requirements 27‑50‑204
Reporting 27‑50‑301
Behavioral health safety net system implementation 27‑50‑302
Requirement to serve priority populations - screening and triage for individuals in need of behavioral health services - referrals 27‑50‑303
Essential behavioral health safety net providers - approval to serve limited priority populations 27‑50‑304
Behavioral health safety net provider network - incentives - preferred status - rules 27‑50‑401
Regional behavioral health administrative services organizations - establishment 27‑50‑402
Behavioral health administrative services organizations - application - designation - denial - revocation 27‑50‑403
Behavioral health administrative services organizations - contract requirements - individual access - care coordination 27‑50‑404
Care coordination - responsibilities of behavioral health administrative services organizations - coordination with managed care entities 27‑50‑405
Behavioral health administrative services organizations - stakeholder input - report - rules 27‑50‑501
Behavioral health entities - license required - criminal and civil penalties 27‑50‑502
Behavioral health entities - minimum standard - rules 27‑50‑503
Licenses - application - inspection - issuance 27‑50‑504
License fees - rules 27‑50‑505
License - denial - suspension - revocation 27‑50‑506
Behavioral health licensing cash fund - creation 27‑50‑507
Employee and contracted service provider - criminal history record check 27‑50‑508
Enforcement 27‑50‑509
Purchase of services by courts, counties, municipalities, school districts, and other political subdivisions 27‑50‑510
Behavioral health entities - consumer information - reporting - release - rules 27‑50‑601
Department of health care policy and financing - behavioral health network standards 27‑50‑602
Division of insurance behavioral health network standards 27‑50‑603
State agency behavioral health network and program standards 27‑50‑701
Behavioral health administration advisory council - creation 27‑50‑702
Advisory council - membership 27‑50‑703
Advisory council - regional subcommittees - subcommittees - working groups 27‑50‑801
Veteran suicide prevention pilot program - rules - report - definitions - repeal 27‑50‑802
Study of health effects of felonizing fentanyl possession - repeal 27‑50‑803
Technical assistance to jails - appropriation - repeal 27‑50‑901
Short title 27‑50‑902
Definitions 27‑50‑903
Sixth through twelfth grade mental health screening program - created - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 27-50-104’s source at colorado​.gov