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Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2020-00213

CCR details

Tracking Number 2020-00213
Type of Filing Emergency
Department 500,1008,2500 Department of Human Services
Agency 502 Behavioral Health
CCR Number 2 CCR 502-1

Proposed rule

Additional Information
Statutory Authority 26-1-107, C.R.S. (2019); 26-1-109, C.R.S. (2019); 26-1-111, C.R.S. (2019); 27-65-116(2)(a), C.R.S. (2019); 27-65-128, C.R.S. (2019); 27-80-108, C.R.S. (2019); 27-80-213, C.R.S. (2019); 27-81-106, C.R.S. (2019); 27-82-103, C.R.S. (2019)
Purpose/Objective of Rule Some Office of Behavioral Health (OBH) rules limit the ability for agencies to provide behavioral health services via telehealth amid the COVID-19 crisis and require in-person or face-to-face contact. This emergency rule update allows the utilization of verbal consent to treatment, receipt of behavioral health services through video technology, emergency license modification for agencies to continue to provide behavioral health services in the event of a statewide emergency, and modification of on-site inspection requirements for agency license and designation reviews. On March 11, 2020, Governor Polis issued an Executive Order declaring a state of disaster emergency due to the presence of coronavirus disease 2019 (COVID-19). Additionally, on March 25, 2020, Governor Polis issued a statewide Stay At Home Order. According to scientific evidence discussed in the Stay at Home Order, it is critical to slow transmission of the disease to protect the most vulnerable and to prevent Colorado’s health care system from being overwhelmed. One proven way to slow the transmission is to limit interactions among people to the greatest extent practicable. Current OBH rules require practices and contact inconsistent with slowing the transmission of the disease. Additionally, current rules and limit the availability of behavioral health services during the COVID-19 response which is inconsistent with the public health, safety and welfare.
Basis And Purpose BasisAndPurposeAttachment2020-00213.doc
Regulatory analysis RegulatoryAnalysisAttachment2020-00213.doc
Comments CDHS typically holds 2 public hearings, an initial and final, for each proposed rule. The initial hearing allowing the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Emergency rules (ER) are adopted immediately, and are permanently adopted at a second hearing, usually the month after the initial hearing. It is presently anticipated that a permanent rule adoption will occur at the June 2020 meeting. Meeting dates:https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-services
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Contact Name Ryan Templeton
Contact Title Policy Advisor
Contact Telephone 303.866.7405
Contact email ryan.templeton@state.co.us

Adopted rule

Adopted Rules AdoptedRules02020-00213.doc
Redline Redline2020-00213.doc
Emergency Justification EmergencyJustificationPathAttach2020-00213.doc
Adopted Date 04/03/2020
Emergency AGO requested date 04/06/2020
Attorney General Opinion 04/23/2020
Colorado Register publication date 05/10/2020
Effective Date 04/03/2020
Inserted into CCR 04/27/2020