Amendments for HB24-1038

House Journal, April 12
31 HB24-1038 be amended as follows, and as so amended, be referred to
32 the Committee of the Whole with favorable
33 recommendation:
34
35 Amend printed bill, page 11, after line 23 insert:
36
37 "SECTION 5. Appropriation. (1) For the 2024-25 state fiscal
38 year, $12,689,936 is appropriated to the department of human services for
39 use by the office of children, youth and families. This appropriation is
40 from the general fund. To implement this act, the office may use this
41 appropriation as follows:
42 (a) $3,418,262 for child welfare services;
43
1 (b) $8,304,424 for high acuity treatment and services, which
2 amount is based on an assumption that the division will require an
3 additional 8.3 FTE; and
4 (c) $967,250 for purchase of contract placements.
5 (2) For the 2024-25 state fiscal year, $1,199,390 is appropriated
6 to the department of human services for use by the office of children,
7 youth and families. This appropriation is from local funds and is subject
8 to the "(I)" notation as defined in the annual general appropriation act for
9 the same fiscal year. To implement this act, the office may use this
10 appropriation for child welfare services.
11 (3) For the 2024-25 state fiscal year, the general assembly
40 12 anticipates that the department of human services will receive $6,233,
13 in federal funds to implement this act. This figure is subject to the "(I)"
14 notation as defined in the annual general appropriation act for the same
15 fiscal year. The appropriation in subsection (1) of this section is based on
16 the assumption that the department will receive this amount of federal
17 funds to be used as follows:
18 (a) $1,379,298 for child welfare services;
19 (b) $84,888 for high acuity treatment and services; and
20 (c) $4,768,854 for use by the behavioral health administration for
21 room and board for youth residential treatment.
22 (4) For the 2024-25 state fiscal year, $2,636,388 is appropriated
23 to the department of health care policy and financing. This appropriation
24 is from the general fund and is subject to the "(M)" notation as defined in
25 the annual general appropriation act for the same fiscal year. To
26 implement this act, the department may use this appropriation as follows:
27 (a) $51,175 for use by the general administration division for
28 personal services, which amount is based on an assumption that the
29 division will require an additional 0.9 FTE;
30 (b) $3,911 for use by the general administration division for
31 operating expenses;
32 (c) $101,250 for general professional services and special
33 projects;
34 (d) $675,000 for medical and long-term care services for medicaid
35 eligible individuals;
36 (e) $1,250,000 for behavioral health capitation payments; and
37 (f) $555,052 for children's habilitation residential program.
38 (5) For the 2024-25 state fiscal year, the general assembly
39 anticipates that the department of health care policy and financing will
40 receive $2,636,388 in federal funds to implement this act. The
41 appropriation in subsection (3) of this section is based on the assumption
42 that the department will receive this amount of federal funds to be used
43 as follows:
44 (a) $51,175 for use by the general administration division for
45 personal services;
46 (b) $3,911 for use by the general administration division for
47 operating expenses;
48 (c) $101,250 for general professional services and special
49 projects;
50 (d) $675,000 for medical and long-term care services for medicaid
51 eligible individuals;
52 (e) $1,250,000 for behavioral health capitation payments; and
53 (f) $555,052 for use by the office of community living for the
54 children's habilitation residential program.".
55
56
1 Renumber succeeding section accordingly.
2
3 Page 1, line 102, strike "CARE." and substitute "CARE, AND, IN
4 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
5
6

House Journal, April 26
14 Amendment No. 1, Appropriations Report, dated April 12, 2024, and
15 placed in member's bill file; Report also printed in House Journal,
16 April 12, 2024.
17
18 Amendment No. 2, by Representative Young:
19
20 Amend printed bill, page 6, line 15, strike "JULY 1, 2026," and substitute
21 "JANUARY 1, 2025,".
22
23 Page 7, strike lines 6 through 9 and substitute:
24
25 "(8) EACH LOCAL EDUCATION PROVIDER IS RESPONSIBLE FOR
26 ENSURING A CHILD RESIDING WITHIN ITS DISTRICT RECEIVES FREE AND
27 APPROPRIATE PUBLIC EDUCATION THAT IS CONSISTENT WITH ALL
28 APPLICABLE FEDERAL AND STATUTE STATUTES, RULES, AND
29 REGULATIONS.".
30
31 Page 11, line 4, strike "FINANCING;" and substitute "FINANCING, WHICH
32 REQUIREMENTS MUST NOT EXCLUDE A CHILD OR YOUTH BASED ON THE
33 CHILD'S OR YOUTH'S DISABILITY OR DIAGNOSIS;".
34
35 Page 11, strike lines 24 through 27.
36
37 Strike page 12 and substitute:
38
39 "SECTION 5. Safety clause. The general assembly finds,
40 determines, and declares that this act is necessary for the immediate
41 preservation of the public peace, health, or safety or for appropriations for
42 the support and maintenance of the departments of the state and state
43 institutions.".
44
45 Amendment No. 3, by Representative Bradley:
46
47 Amend printed bill, page 10, line 10, after "youth -" insert "report -".
48
49 Page 11, after line 23 insert:
50
51 "(3) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(1), BEGINNING
52 JANUARY 2025, AND EACH JANUARY THEREAFTER, THE STATE
53 DEPARTMENT SHALL REPORT PROGRESS ON THE DEVELOPMENT AND
54 IMPLEMENTATION OF THE SYSTEM OF CARE DEVELOPED PURSUANT TO THIS
55 SECTION TO THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN
1 SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES
2 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, DURING THE HEARINGS
3 HELD PURSUANT TO THE "SMART ACT", PART 2 OF ARTICLE 7 OF TITLE
4 2.".
5
6 As amended, ordered engrossed and placed on the Calendar for Third
7 Reading and Final Passage.
8

Senate Journal, May 4
After consideration on the merits, the Committee recommends that HB24-1038 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 3, line 7, after "authorization -" insert
"leadership and implementation team - report -".

Page 4, line 4, strike "(2)" and substitute "(4)".

Page 4, line 6, strike "(3)" and substitute "(5)".

Page 4, after line 6 insert:

"(2) (a) NO LATER THAN NOVEMBER 1, 2024, THE STATE DEPARTMENT
SHALL CONVENE A LEADERSHIP TEAM THAT IS RESPONSIBLE FOR THE
DECISION-MAKING AND OVERSIGHT OF THE SYSTEM OF CARE FOR CHILDREN AND
YOUTH WHO HAVE COMPLEX BEHAVIORAL HEALTH NEEDS.
(b) THE LEADERSHIP TEAM CONSISTS OF THE FOLLOWING MEMBERS:
(I) THE EXECUTIVE DIRECTOR OF THE STATE DEPARTMENT, OR THE
EXECUTIVE DIRECTOR'S DESIGNEE;
(II) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN
SERVICES, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(III) THE COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION
IN THE DEPARTMENT OF HUMAN SERVICES, OR THE COMMISSIONER'S DESIGNEE;
(IV) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(V) THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION, OR THE
COMMISSIONER'S DESIGNEE;
(VI) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY
CHILDHOOD, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(VII) THE COMMISSIONER OF THE DIVISION OF INSURANCE IN THE
DEPARTMENT OF REGULATORY AGENCIES, OR THE COMMISSIONER'S DESIGNEE;
(VIII) ONE COUNTY COMMISSIONER, OR THE COUNTY COMMISSIONER'S
DESIGNEE, FROM THE EASTERN REGION, THE FRONT RANGE REGION, THE
MOUNTAIN REGION, THE SOUTHERN REGION, AND THE WESTERN REGION, AS
DESIGNATED BY THE STATEWIDE ORGANIZATION THAT REPRESENTS COUNTY
COMMISSIONERS;
(IX) ONE COUNTY COMMISSIONER AT LARGE, OR A COUNTY
COMMISSIONER'S DESIGNEE;
(X) ONE DIRECTOR OF A COUNTY DEPARTMENT OF HUMAN OR SOCIAL
SERVICES AT LARGE, OR THE DIRECTOR'S DESIGNEE, AS DESIGNATED BY THE
STATEWIDE ORGANIZATION THAT REPRESENTS COUNTY DEPARTMENT OF HUMAN
OR SOCIAL SERVICES DIRECTORS;
(XI) ONE OR MORE FAMILIES OR INDIVIDUALS WITH LIVED EXPERIENCE
USING CHILDREN'S OR YOUTH'S BEHAVIORAL HEALTH SERVICES, APPOINTED BY
THE COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION; AND
(XII) ONE OR MORE REPRESENTATIVES FROM A CONSUMER ADVOCACY
ORGANIZATION, APPOINTED BY THE COMMISSIONER OF THE BEHAVIORAL
HEALTH ADMINISTRATION.
(c) THE LEADERSHIP TEAM HAS THE FOLLOWING DUTIES AND
RESPONSIBILITIES:
(I) TO EVALUATE THE PERFORMANCE AND EFFECTIVENESS OF THE STATE
DEPARTMENT IN THE DEVELOPMENT OF THE SYSTEM OF CARE FOR CHILDREN
AND YOUTH WITH COMPLEX BEHAVIORAL HEALTH NEEDS;
(II) TO OVERSEE AND ADVISE THE STRATEGIC DIRECTION OF THE
DEVELOPMENT OF THE SYSTEM OF CARE; AND
(III) TO PROVIDE FISCAL OVERSIGHT OF THE STATE DEPARTMENT'S
DEVELOPMENT AND OVERSIGHT OF THE SYSTEM OF CARE.
(3) (a) NO LATER THAN OCTOBER 1, 2024, THE STATE DEPARTMENT
SHALL CONVENE AN IMPLEMENTATION TEAM THAT SHALL CREATE A PLAN TO
IMPLEMENT THE SYSTEM OF CARE FOR CHILDREN AND YOUTH WHO HAVE
COMPLEX BEHAVIORAL HEALTH NEEDS.
(b) THE IMPLEMENTATION TEAM CONSISTS OF THE FOLLOWING
MEMBERS:
(I) THE EXECUTIVE DIRECTOR OF THE STATE DEPARTMENT, OR THE
EXECUTIVE DIRECTOR'S DESIGNEE;
(II) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN
SERVICES, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(III) THE COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION
IN THE DEPARTMENT OF HUMAN SERVICES, OR THE COMMISSIONER'S DESIGNEE;
(IV) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(V) THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION, OR THE
COMMISSIONER'S DESIGNEE;
(VI) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY
CHILDHOOD, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(VII) THE COMMISSIONER OF THE DIVISION OF INSURANCE IN THE
DEPARTMENT OF REGULATORY AGENCIES, OR THE COMMISSIONER'S DESIGNEE;
(VIII) ONE OR MORE COUNTY COMMISSIONERS, AS DESIGNATED BY THE
STATEWIDE ORGANIZATION THAT REPRESENTS COUNTY COMMISSIONERS;
(IX) ONE OR MORE DIRECTORS OF A COUNTY DEPARTMENT OF HUMAN
OR SOCIAL SERVICES, OR THE DIRECTOR'S DESIGNEE, AS DESIGNATED BY THE
STATEWIDE ORGANIZATION THAT REPRESENTS COUNTY DEPARTMENT OF HUMAN
OR SOCIAL SERVICES DIRECTORS;
(X) ONE OR MORE FAMILIES OR INDIVIDUALS WITH LIVED EXPERIENCE
USING CHILDREN'S OR YOUTH'S BEHAVIORAL HEALTH SERVICES, APPOINTED BY
THE COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION;
(XI) ONE OR MORE REPRESENTATIVES FROM A CONSUMER ADVOCACY
ORGANIZATION, APPOINTED BY THE COMMISSIONER OF THE BEHAVIORAL
HEALTH ADMINISTRATION;
(XII) A REPRESENTATIVE OF THE STATEWIDE ASSOCIATION THAT
REPRESENTS CHILD WELFARE AGENCIES, APPOINTED BY THE DIRECTOR OF THE
ASSOCIATION;
(XIII) A REPRESENTATIVE OF THE STATEWIDE ASSOCIATION THAT
REPRESENTS HOSPITALS, APPOINTED BY THE DIRECTOR OF THE ASSOCIATION;
AND
(XIV) A REPRESENTATIVE OF THE STATEWIDE ASSOCIATION THAT
REPRESENTS COMPREHENSIVE BEHAVIORAL HEALTH PROVIDERS, APPOINTED BY
THE DIRECTOR OF THE ASSOCIATION.".

Renumber succeeding sections accordingly.

Page 4, line 21, strike "(5)" and substitute "(7) (a)".

Page 4, after line 26 insert:

"(b) BEGINNING JANUARY 2025, AND EACH QUARTER THEREAFTER, THE
STATE DEPARTMENT SHALL REPORT PROGRESS ON THE DEVELOPMENT AND
IMPLEMENTATION OF THE SYSTEM OF CARE DEVELOPED PURSUANT TO THIS
SECTION TO THE JOINT BUDGET COMMITTEE.".

Page 13, strike lines 7 through 27 and substitute:

"(4) For the 2024-25 state fiscal year, $156,336 is appropriated to the
department of health care policy and financing for use by the executive
director's office. This appropriation is from the general fund. To implement this
act, the office may use this appropriation as follows:
(a) $51,175 for use by the general administration division for personal
services, which amount is based on an assumption that the office will require
an additional 0.9 FTE;
(b) $3,911 for use by the general administration division for operating
expenses; and
(c) $101,250 for general professional services and special projects.
(5) For the 2024-25 state fiscal year, the general assembly anticipates
that the department of health care policy and financing will receive $156,336
in federal funds to implement this act, which amount is subject to the "(I)"
notation as defined in the annual general appropriation act for the same fiscal
year. The appropriation in subsection (4) of this section is based on the
assumption that the department will receive this amount of federal funds to be
used as follows:
(a) $51,175 for use by the general administration division for personal
services;
(b) $3,911 for use by the general administration division for operating
expenses; and
(c) $101,250 for general professional services and special projects.
(6) For the 2024-25 state fiscal year, $2,480,052 is appropriated to the
department of health care policy and financing. This appropriation is from the
general fund, and is subject to the "(M)" notation as defined in the annual
general appropriation act for the same fiscal year. To implement this act, the
office may use this appropriation as follows:
(a) $675,000 for medical and long-term care services for medicaid
eligible individuals;
(b) $1,250,000 for behavioral health capitation payments; and
(c) $555,052 for children's habilitation residential program.
(7) For the 2024-25 state fiscal year, the general assembly anticipates
that the department of health care policy and financing will receive $2,480,052
in federal funds to implement this act. The appropriation in subsection (6) of
this section is based on the assumption that the department will receive this
amount of federal funds to be used as follows:
(a) $675,000 for medical and long-term care services for medicaid
eligible individuals;
(b) $1,250,000 for behavioral health capitation payments; and
(c) $555,052 for children's habilitation residential program.".

Page 14, strike lines 1 through 13.