DEPARTMENT OF HUMAN SERVICES Behavioral Health BEHAVIORAL HEALTH ADMINISTRATIVE RULES 2 CCR 502-6 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ CHAPTER 1: STATUTORY AUTHORITY AND DEFINITIONS

1.1 Behavioral Health System Statutory Authority

A. Pursuant to Section 27-50-107, C.R.S., the State Board of Human Services, created pursuant to Section 26-1-107, C.R.S., is the type 1 board for promulgating, revising and repealing BHA rules.

B. Pursuant to Section 27-50-405(4), C.R.S., the BHA may promulgate rules as necessary to implement behavioral health administrative service organizations and care coordination services.

1.2 Definitions

A. “Behavioral Health Administration” or “BHA” means the Behavioral Health Administration established in Section 27-50-102, C.R.S.

B. “Behavioral health administrative services organization” or “BHASO” means a regionally based behavioral health organization that administers and maintains adequate networks of behavioral health safety-net services and care coordination as described in sections 27-50-301 through 304, C.R.S.

C. “Commissioner” means the commissioner of the Behavioral Health Administration appointed pursuant to Section 27-50-103, C.R.S.

CHAPTER 2: BHA-ADMINISTERED PROGRAMS 2.1 Form and Manner to Apply to be a Behavioral Health Administrative Services Organization (BHASO)

A. Pursuant to Section 27-50-402, C.R.S., the BHA shall determine, by rule, the form and manner a qualified public or private corporation; for-profit or not-for-profit organization; or public or private agency, organization, or institution may apply to be a behavioral health administrative services organization (BHASO).

B. The Commissioner shall select a BHASO based on factors of selection that include, but are not limited to:

1. 1. The applicant’s experience working with publicly funded clients, including expertise in treating priority populations determined by the BHA;
2. 2. The applicant’s experience working with and engaging relevant stakeholders in the service area, including behavioral health providers; state and local agencies; and the local community, including advocacy organizations and clients of behavioral health services;
   1. 1 CODE OF COLORADO REGULATIONS 2 CCR 502-6 Behavioral Health
3. 3. The extent to which real or perceived conflicts of interest between the applicant and behavioral health facilities or behavioral health providers are mitigated; and 4. The extent to which the applicant’s board complies with conflict of interest policies, including to the following:
   1. a. The board shall not have more than fifty percent of contracted providers as board members;
   2. b. Providers who have ownership or board membership in a BHASO shall not have control or decision-making authority in the establishment of provider networks; and c. An employee of a contracted provider of a BHASO shall not also be an employee of the BHASO unless the employee is the clinical officer or utilization management director of the BHASO. If the individual is also an employee of a provider that has board membership or ownership in the BHASO, the BHASO shall develop policies approved by the Commissioner to mitigate any conflict of interest the employee may have.
4. 5. The extent to which the applicant’s board membership reflects the diversity and interests of relevant stakeholders, including, but not limited to, representation by individuals with lived behavioral health experience and family of individuals with lived behavioral health experience.

C. At least once every five (5) years any qualified public or private corporation; for-profit or not-for- profit organization; or public or private agency, organization, or institution may apply through a competitive bid process pursuant to the Colorado Procurement Code, Colorado Revised Statutes, Articles 101 to 112 of Title 24, to apply to be a behavioral health administrative services organization.

_________________________________________________________________________ Editor’s Notes History New rule eff. 05/01/2023.

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