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Code of Colorado Regulations eDocket
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 |
| CCR Title |
BEHAVIORAL HEALTH |
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Proposed rule
| Rule |
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| Additional Information |
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| 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
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| Regulatory analysis |
RegulatoryAnalysisAttachment2020-00213.doc
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| 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
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| Is this rule adopted in response to recent legislation? |
No
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| Contact Name |
Ryan Templeton |
| Contact Title |
Policy Advisor |
| Contact Telephone |
303.866.7405 |
| Contact email |
ryan.templeton@state.co.us |
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Adopted rule
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