C.R.S. Section 27-80-303
Office of ombudsman for behavioral health access to care

  • creation
  • appointment of ombudsman
  • duties

(1)

Intentionally left blank —Ed.

(a)

There is created in the office of the executive director of the department the office of the ombudsman for behavioral health access to care for the purpose of assisting Coloradans in accessing behavioral health care. The office of the ombudsman for behavioral health access to care is a
type 1
entity, as defined in section 24-1-105.

(b)

The department and the BHA shall offer the office limited support with respect to:

(I)

Personnel matters;

(II)

Recruitment;

(III)

Payroll;

(IV)

Benefits;

(V)

Budget submission, as needed;

(VI)

Accounting;

(VII)

Office space, facilities, and technical support; and

(VIII)

Administrative support that will help maintain the independence of the office.

(c)

The office operates with full independence and has complete autonomy, control, and authority over operations, budget, and personnel decisions related to the office and the ombudsman, subject to state personnel and fiscal rules. The office may seek, accept, and expend gifts, grants, or donations for the purpose of operating the office. The department may, but is not required to, provide funding to the office.

(2)

By November 1, 2018, the governor shall designate an ombudsman for behavioral health access to care, who shall serve as director of the office. The ombudsman shall serve as a neutral party to help consumers, including consumers who are uninsured or have public or private health benefit coverage, including coverage that is not subject to state regulation, and health-care providers, acting on their own behalf, on behalf of a consumer with the consumer’s written permission, or on behalf of a group of health-care providers, navigate and resolve issues and ensure compliance regarding consumer access to behavioral health care, including care for mental health conditions and substance use disorders.

(3)

The ombudsman shall:

(a)

Interact with consumers and health-care providers with concerns or complaints to help the consumers and providers resolve behavioral health-care access and coverage issues;

(b)

Identify, track, and report to the appropriate regulatory or oversight agency concerns, complaints, and potential violations of state or federal rules, regulations, or statutes concerning the availability of, and terms and conditions of, benefits for mental health conditions or substance use disorders, including potential violations related to quantitative and nonquantitative treatment limitations;

(c)

[Editor’s note:
This version of subsection (3)(c) is effective until July 1, 2024.]
Receive and assist consumers and providers in reporting concerns and filing complaints with appropriate regulatory or oversight agencies relating to inappropriate care, a procedure for an emergency mental health hold pursuant to section 27-65-106, a certification for short-term treatment pursuant to section 27-65-109, or a certification for long-term care and treatment pursuant to section 27-65-110;

(c)

[Editor’s note:
This version of subsection (3)(c) is effective July 1, 2024.]
Receive and assist consumers and providers in reporting concerns and filing complaints with appropriate regulatory or oversight agencies relating to inappropriate care, a procedure for an emergency mental health hold pursuant to section 27-65-106, a certification for short-term treatment pursuant to section 27-65-108.5 or 27-65-109, or a certification for long-term care and treatment pursuant to section 27-65-110;

(d)

Provide appropriate information to help consumers obtain behavioral health care;

(e)

Develop appropriate points of contact for referrals to other state and federal agencies;

(f)

Provide appropriate information to help consumers or health-care providers file appeals or complaints with the appropriate entities, including insurers and other state and federal agencies; and

(g)

Be the appointing authority for any employees the office may choose to hire. Any such employees are state employees subject to the state personnel system.

(4)

The ombudsman, employees of the office, and any persons acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the department and the BHA with respect to the treatment of confidential information or records and the disclosure of such information and records.

(5)

In the performance of the ombudsman’s duties, the ombudsman shall act independently of the department and the BHA. Any recommendations made or positions taken by the ombudsman do not reflect those of the department or the BHA.

Source: Section 27-80-303 — Office of ombudsman for behavioral health access to care - creation - appointment of ombudsman - duties, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-27.­pdf (accessed Oct. 20, 2023).

27‑80‑101
Definitions 27‑80‑102
Duties of the behavioral health administration 27‑80‑103
Grants for public programs 27‑80‑104
Cancellation of grants 27‑80‑105
Annual distribution of funds 27‑80‑106
Purchase of prevention and treatment services 27‑80‑107
Designation of managed service organizations - purchase of services - revocation of designation 27‑80‑107.5
Increasing access to effective substance use disorder services act - managed service organizations - substance use disorder services - assessment - community action plan - allocations - reporting requirements - evaluation 27‑80‑107.7
Increase synthetic opiate treatment - report 27‑80‑107.8
Withdrawal management and crisis service expansion - appropriation 27‑80‑108
Rules 27‑80‑109
Coordination of state and federal funds and programs 27‑80‑111
Counselor training - fund created - rules 27‑80‑112
Legislative declaration - treatment program for high-risk pregnant women - creation 27‑80‑113
Substance use and addiction counseling and treatment - necessary components 27‑80‑114
Treatment program for high-risk pregnant and parenting women - cooperation with organizations 27‑80‑115
Treatment program for high-risk pregnant and parenting women - data collection 27‑80‑116
Fetal alcohol spectrum disorders - legislative declaration - health warning signs 27‑80‑117
Rural alcohol and substance abuse prevention and treatment program - creation - administration - cash fund - definitions - repeal 27‑80‑118
Center for research into substance use disorder prevention, treatment, and recovery support strategies - established - appropriation - legislative declaration 27‑80‑120
Building substance use disorder treatment capacity in underserved communities - grant program 27‑80‑121
Perinatal substance use data linkage project - center for research into substance use disorder prevention, treatment, and recovery support strategies - report 27‑80‑122
Recovery residence certifying body - competitive selection process - appropriation 27‑80‑123
High-risk families cash fund - creation - services provided - report - definition 27‑80‑125
Housing assistance for individuals with a substance use disorder - report - rules - appropriation 27‑80‑126
Recovery support services grant program - creation - eligibility - reporting requirements - appropriation - rules - definitions 27‑80‑127
Children and youth in need of residential mental health and substance use treatment - repeal 27‑80‑128
Fentanyl education and treatment program 27‑80‑129
Regulation of recovery residences - rules - definitions 27‑80‑201
Short title 27‑80‑202
Legislative declaration 27‑80‑203
Definitions 27‑80‑204
License required - controlled substances - repeal 27‑80‑205
Issuance of license - fees 27‑80‑206
Controlled substances program fund - disposition of fees 27‑80‑207
Qualifications for license 27‑80‑208
Denial, revocation, or suspension of license - other disciplinary actions - notice 27‑80‑209
Exemptions 27‑80‑210
Records to be kept - order forms 27‑80‑211
Enforcement and cooperation 27‑80‑212
Records confidential 27‑80‑213
Rules - policies 27‑80‑214
Defenses 27‑80‑215
Central registry - registration required - notice - repeal 27‑80‑216
Policy verifying identity 27‑80‑301
Short title 27‑80‑302
Definitions 27‑80‑303
Office of ombudsman for behavioral health access to care - creation - appointment of ombudsman - duties 27‑80‑304
Liaisons - department - commissioner of insurance 27‑80‑305
Qualified immunity 27‑80‑306
Annual report
Green check means up to date. Up to date

Current through Fall 2024

§ 27-80-303’s source at colorado​.gov