Section 27-67-103 - DefinitionsAs used in this article 67, unless the context otherwise requires:
(1) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102. (1.3) "Behavioral health safety net provider" has the same meaning as defined in section 27-50-101. (1.5) "Care management" includes, but is not limited to, consideration of the continuity of care and array of services necessary for appropriately treating a child or youth and the decision-making authority regarding the child's or youth's placement in and discharge from behavioral health services.(2) "Child or youth at risk of out-of-home placement" means a child or youth who, although not otherwise categorically eligible for medicaid, meets the following criteria: (a) The child or youth has been diagnosed as having a mental health disorder, as defined in section 27-65-102 ; (b) The child or youth requires a level of care that is provided in a residential child care facility pursuant to section 25.5-6-903, or that is provided through community-based programs, and who, without such care, is at risk of unwarranted child welfare involvement or other system involvement, as described in section 27-67-102, in order to receive funding for treatment;(c) If the child or youth is determined to be in need of placement in a residential child care facility, he or she shall apply for supplemental security income, but any determination for supplemental security income must not be a criterion for a child or youth to receive services pursuant to this article 67;(d) The child or youth is a person for whom there is no pending or current action in dependency or neglect pursuant to article 3 of title 19; and(e) The child or youth is younger than eighteen years of age, but he or she may continue to remain eligible for services until his or her twenty-first birthday.(2.5) "Commissioner" means the commissioner of the behavioral health administration.(3) "Community-based care" means any intervention that is designed to be an alternative to residential or hospital level of care in which the child or youth resides within a noninstitutional setting.(4) [Repealed by 2022 amendment.] (5) "County department" means the county or district department of human or social services.(6) "Family advocate" has the same meaning as provided in section 27-69-102(5).(7) "Family systems navigator" has the same meaning as provided in section 27-69-102 (5.5).(8) "First-level appeal" means the initial process a medicaid member is required to enact to contest a benefit, service, or eligibility decision made by medicaid or a medicaid managed care entity.(9) "Medicaid child or youth who is at risk of out-of-home placement" means a child or youth who is categorically eligible for medicaid but who otherwise meets the definition of a child or youth who is at risk of out-of-home placement as defined in subsection (2) of this section.(10) "Mental health agency" means a behavioral health services contractor through the Behavioral health administration serving children and youth statewide or in a particular geographic area and with the ability to meet all expectations of this article 67.(11) "Professional person" means a person licensed to practice medicine in this state, a psychologist certified to practice in this state, or a person licensed and in good standing to practice medicine in another state or a psychologist certified to practice and in good standing in another state who is providing medical or clinical services at a treatment facility in this state that is operated by the armed forces of the United States, the United States public health service, or the United States department of veterans affairs.(12) [Repealed by 2022 amendment.] Amended by 2022 Ch. 222, § 236, eff. 7/1/2024.Amended by 2022 Ch. 451, § 44, eff. 8/10/2022.Amended by 2022 Ch. 222, § 136, eff. 7/1/2022.Amended by 2018 Ch. 184, § 7, eff. 6/7/2019.Amended by 2018 Ch. 343, § 3, eff. 6/30/2018.Amended by 2018 Ch. 38, § 139, eff. 8/8/2018.Amended by 2017 Ch. 263, § 247, eff. 5/25/2017.L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 708, § 2, effective April 29. L. 2017: IP, (2)(a), and IP(3) amended, (SB 17-242), ch. 263, p. 1350, § 247, effective May 25. L. 2018: Entire section R&RE, (HB 18-1094), ch. 343, p. 2038, § 3, effective June 30; (5) amended, (SB 18-092), ch. 38, p. 453, § 139, effective August 8; (2)(b) amended, (HB 18-1328), ch. 184, p. 1244, § 7, effective 6/7/2019.(1) This section is similar to former § 27-10.3-103 as it existed prior to 2010.
(2) Section 10 of chapter 184 (HB 18-1328), Session Laws of Colorado 2018, provides that section 7 of the act changing subsection (2)(b) takes effect upon notice to the revisor of statutes pursuant to section 25.5-5-306(6) as enacted in section 2 of the act. For more information, see HB 18-1328. ( L. 2018, p. 1247.) On August 14, 2019, the revisor of statutes received the notice referred to in § 25.5-5-306(6) that the federal department of health and human services approved the waiver on June 7, 2019.
(3) (a) Subsection (5) was numbered as subsection (4) in SB 18-092. That provision was harmonized with and relocated to subsection (5) as it appears in HB 18-1094. (b) Amendments to subsection (2)(b) by HB 18-1094 and HB 18-1328 were harmonized, effective June 7, 2019.
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 18-1328, see section 1 of chapter 184, Session Laws of Colorado 2018.