Laws & Rules

The Behavioral Health Administration is responsible for regulating the provision of behavioral health services by developing and monitoring reasonable and proper standards, rules and regulations.

Behavioral Health Administration Licensing Structure Updates

The BHA is restructuring its licensing structure to support rule language updates. This change is set to be complete as of July 1, 2023.This is in alignment with taking on authority of the Behavioral Health Entity (BHE) license per HB 19-1237 and HB 22-1278

The BHE licensing model will provide a “cafeteria-style” license. This means that the provider will hold a single BHE license with different endorsements that allow the provider to offer various types of services at multiple locations.

This is the first iteration of an ongoing regulatory update process for the BHA’s provider licensing structure. 

This new model increases flexibility for providers, so that they may tailor their license to the services they provide. Ultimately, this adaptability allows for easier addition of services and locations in order to meet the needs of the populations that professionals serve.

Download BHA Licensing Fast Facts

Contact cdhs_bharulefeedback@state.co.us for any questions or to request information.

Stakeholder Meetings

Completed meetings and resources

  1. Authority, definitions, and BHE licensing standards
  2. BHA: New Comprehensive Safety Net Provider Services
  3. Continuum of Services, Credentialing, and BHA-Administered Programs
    • Review December 16 Meeting Slides | December 16 Video Part 1 | Part 2
      • This meeting covers the following chapters:
        • Chapter 7: Behavioral Health Outpatient Services 

        • Chapter 8: Behavioral Health High-Intensity Outpatient Services 

        • Chapter 9: Behavioral Health Residential Services 

        • Chapter 11: Withdrawal Management (WM) Services 

        • Chapter 12: Emergency and Involuntary Substance Use Disorder Commitments

        • Chapter 21: Credentialing 

        • Chapter 22: BHA-Administered Programs 

  4. Population-Specific, Crisis Services, and 27-65 Designation
    • Review January 4 Meeting Slides | Video
      • ​​​​​​​​​​​​​​This meeting covers the following chapters:
        • Chapter 10: Emergency or Crisis Behavioral Health Services 

        • Chapter 13: Services for Children and Youth 

        • Chapter 14: Gender-Responsive Treatment 

        • Chapter 16: Criminal Justice Services

        • Chapter 17: Designation of Facilities for the Care and Treatment of Persons with Mental Health Disorders (27-65)

  5.  Safety Net, Care Coordination, Controlled Substance License, and RSSO Licenses
    • Review January 6 Meeting Slides | Video 
      • ​​​​​​​​​​​​​​This meeting covers the following chapters:
        • Chapter 3: Safety Net Providers 

        • Chapter 4: Care Coordination and Management 

        • Chapter 18: Designation of Residential Child Care Facilities 

        • Chapter 19: Controlled Substance Services 

        • Chapter 20: Recovery Support Services Organization (RSSO) License

  6. BHA Rule Replay

Feedback for Rules and Laws

Want to provide thoughts or feedback on these proposed rule updates?

Complete this feedback survey

Contact the Safety Net Licensing team at cdhs_bharulefeedback@state.co.us. If you choose to send an email, please make note of the chapter number or name, as well as the page or section number to help us find and understand your comment.

The SafetyNet team has put together all stakeholder feedback and responses into one document for your review.

Download Comments and Responses​​​​​​​

BHE Fee Schedule

This rulemaking process creates fees for the BHE license, including initial license fees, renewal license fees, and fees for adding endorsements or locations. The structure below is based on the existing Colorado Department of Public Health and Environment (CDPHE) fee schedule.  

The license fee for each provider will be determined based on the number and types of endorsements and physical locations included with the license. 

 

Base Fee

(Paid by all BHEs)

Outpatient Endorsement Fee

(Paid only by BHEs with an outpatient services Endorsement. This is a single fee regardless of the number of locations or other outpatient endorsements.)

Per-location Fee for the 24-hour/Overnight Endorsement

(Paid only by BHEs with this Endorsement)

Initial License

$1,750

$700

$900

Renewal License

$1,350

$600

$800

Change of Ownership

$1,750

$700

$900

Miscellaneous Fees:

  • Adding the Outpatient Endorsement to an existing BHE license -- $700
  • Adding an outpatient location to a license with an existing Outpatient Endorsement -- $150
  • Adding the 24-hour/Overnight Endorsement to an existing license -- $900 per location to be added
  • Adding a 24-hour/Overnight location to license with an existing 24-hour/Overnight Endorsement --$900 per new location

 

Rule Language

The Behavioral Health Administration (BHA) is working to co-create a whole person behavioral health system that meets the needs of all people in Colorado. 

As part of that process, the BHA created the following person-centered summaries of proposed chapters that providers of behavioral health services will be required to follow if they wish to be licensed in the State of Colorado.  

Download Person-First Summaries

Rule Chapters

Chapter 1 -General Statutory Authority and Definitions

Summary: This chapter describes the statutory authority of the Behavioral Health Administration to promulgate this rule volume. It includes definitions that appear in multiple chapters of the rule volume. Terms only used in one chapter of rule are defined at the beginning of that chapter.

Download Chapter 1

Chapter 2 - General Behavioral Health Entity Licensing Standards 

Summary: This chapter describes the general licensing standards of Behavioral Health Entities (BHE). The majority of this volume is taken from the Colorado Department of Public Health and Environment’s (CDPHE) BHE and General Licensing Standards.

This chapter includes requirements for governance, personnel, rights, grievances, screening, medication administration, and the process for obtaining and maintaining licensure as a BHE. Provisions around telehealth and services rendered in public community settings were added under Individual Services.

Download Chapter 2 | Chapter 2 Addendum: BHE Licensing Standards and Fee Schedule

Chapter 3 - Safety Net Approval

Summary: This chapter describes standards safety net providers must meet to obtain a safety net approval.

Download Chapter 3

Chapter 4 - Care Coordination and Management

Summary: This chapter sets forth standards for care coordination and management. Safety net providers are required to follow standards outlined in this chapter.

Download Chapter 4

Chapter 5 - Outreach, Education and Engagement Services

Summary: This chapter outlines the standards for outreach, education, and engagement services required of Comprehensive Community Behavioral Health Providers.

Download Chapter 5

Chapter 6 - Behavioral Health Recovery Supports

Summary: This chapter establishes the standards that an agency must meet to provide recovery support services within the behavioral health safety-net system.

Download Chapter 6

Chapter 7 - Behavioral Health Outpatient Services

Summary: This chapter establishes the standards for agencies seeking endorsements to provide behavioral health outpatient services, including a newly included level of care (early intervention services).

Download Chapter 7

Chapter 8 - Behavioral Health High-Intensity Outpatient Services

Summary: This chapter establishes the standards for agencies seeking endorsements to provide high-intensity behavioral health services.

Download Chapter 8

Chapter 9 - Behavioral Health Residential Services

Summary: This chapter describes standards for agencies seeking endorsements to provide residential behavioral health services, including the newly established Mental Health Transitional Living homes. 

Download Chapter 9

Chapter 10 - Behavioral Health Emergency and Crisis Services

Summary: This chapter establishes the standards for behavioral health emergency and crisis services.

Download Chapter 10

Chapter 11 - Withdrawal Management (WM) Services 

Summary: This chapter establishes standards for withdrawal management services, including the newly added ambulatory (outpatient) withdrawal management level of service.

Download Chapter 11

Chapter 12 - Emergency and Involuntary Substance Use Disorder Commitments 

Summary: This chapter establishes standards for emergency and involuntary substance use disorder commitments. 

Download Chapter 12

Chapter 13 - Children, Youth, and Families

Summary: This chapter establishes the standards for agencies seeking endorsements to provide behavioral health services to Children, Youth, and Families.

Download Chapter 13

Chapter 14 - Gender-Responsive Behavioral Health Services

Summary: This chapter establishes the standards for agencies seeking an endorsement to provide gender-responsive behavioral health services including for pregnant and postpartum individuals.

Download Chapter 14

Chapter 15 - Outpatient Competency Restoration

Summary: This chapter establishes the standards for agencies seeking endorsements to provide outpatient competency restoration services.

Download Chapter 15

Chapter 16 - Criminal Justice Involvement

Summary: This chapter establishes the standards for agencies seeking an endorsement to provide behavioral health services to individuals with criminal justice involvement, including impaired driving charges (DUI/DWAI).

Download Chapter 16

Chapter 17 - Designation to Provide Involuntary Services

Summary: This chapter establishes the standards for agencies seeking a designation to provide involuntary services.

Download Chapter 17

Chapter 18 - Designation of Residential Child Care

Summary: This chapter establishes standards for the designation of Residential Child Care Facilities (RCCFs).

Download Chapter 18

Chapter 19 -Controlled Substance Services

Summary: This chapter establishes standards for agencies seeking a license to utilize stock supplies of controlled substances in the treatment of substance use disorders, including Opioid Treatment Programs (OTPs).

Download Chapter 19

Chapter 20 -Recovery Support Services Organization (RSSO) License

Summary: This chapter establishes standards for agencies seeking a Recovery Support Services Organization (RSSO) license to provide recovery support services rendered by peer support professionals.

Download Chapter 20

Chapter 21 - Credentialing

Summary: This chapter establishes standards for certifications and licensure of addiction-focused treatment providers. 

 Download Chapter 21

Chapter 22 - BHA-Administered Programs

Summary: This chapter describes several BHA-administered programs that are required to be in rule, but do not fit within other existing chapters. This includes the following programs: Child, Youth, Mental Health Treatment Act, the Recovery Residence Certification Program, and the Designated Managed Service Organization.

Download Chapter 22

 
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Resources

CDPHE currently licenses Behavioral Health Entities. Explore the BHE webpage for more information on current regulations here.

The BHA regulates licensed and designated facilities that provide behavioral health education and treatment services. Review the current version of the BHA rules here.

The State Board of Human Services (SBHS) is the rule-making body responsible for reviewing and adopting rules regarding programs and services that are regulated by the BHA. Learn about the rulemaking process here.