Our Work During the 2023 Session 

HOUSE

HB23-1003: School Mental Health Assessment Act

House Bill 23-1003 would allow public schools that offer any grades six through twelve to opt into a mental health assessment program provided by the Department of Public Health and Environment. While parents would need to be notified within the first two weeks of the school year to either opt their child in or out, children 12 years and older would have the ability to consent despite their parents' dissent. The mental health assessment will be conducted by a qualified provider selected by the Department. Once assessments are completed, the qualified provider will analyze the assessments and then proceed to the next steps accordingly for each student. If students showed signs of suicidality, homicidality, physical self-harm, or are in need of attention from a mental health professional, the qualified professional will immediately notify the student’s school. If a student is in need of other mental health services due to a different mental health concern, then the qualified provider will issue information on resources and services provided through iMatter Colorado, a temporary behavioral health services program established by HB21-1258.
Envision:You’s Action: Statement of Support / Testified in front of House Committee 2/7/23
Status of the Bill: Passed House and Senate and is being signed by the Governor
Link: https://leg.colorado.gov/bills/hb23-1003

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HB23-1004: Fundamental Rights for Parents

Colorado Bill 23-1004 would establish fundamental parental rights which would require parental consent in educational and healthcare matters for minors. Regarding education, parents would have the ability to inhibit their child from participating in clubs, activities, and classroom settings deemed “harmful” by the parent under the belief that the activity or material questions personally held beliefs or practices in religion, sexuality, and morals. Regarding the healthcare of a child, HCR23-1004 states that a child will not obtain surgical healthcare services without the written or oral consent of the parent.

Envision: You’s Action: Statement of Opposition
Status of the Bill: Postponed Indefinitely
Link: https://leg.colorado.gov/bills/hcr23-1004

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HB23-1031: Mental Health Professionals Reporting Exemption

Under current law, every health-care provider is required to report specified information about an individual known to the provider to have a diagnosis of or a positive test for a sexually transmitted infection to the department of public health and environment or a local public health agency. The bill exempts mental health professionals from this reporting requirement.

Envision:You’s Action: Statement of Support
Status of the Bill: Passed, Signed by the Governor
Link: https://leg.colorado.gov/bills/hb23-1031 

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HB23-1057:Amenities for All Genders in Public Restrooms

Concerning a requirement that any buildings partly owned by a state department, state agency, state institution of higher education, county, a city and county, or a municipality to have restrooms with amenities for all genders including non-gendered restroom facilities or multi-stall non-gendered restrooms, and one safe, sanitary, and convenient baby diaper changing station that is accessible to the public on each floor in all public restrooms.

Envision:You’s Action: Statement of Support / Testified
Status of Bill: Sent to the Governor for signature, May 17 2023
Link: https://leg.colorado.gov/bills/hb23-1057

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HB23-1071:Licensed Psychologist Prescription Authority

HB23-1071 requires 1 of the 7 members of the state board of psychologist examiners to be a prescribing psychologist. The bill will also allow a licensed psychologist to prescribe and administer psychotropic medications if the licensed psychologist holds a prescriptive certificate issued by the board and may apply if they have completed a doctoral program in psychology, completed a master of science in clinical psychopharmacological program, passed a psychopharmacology examination for psychologists, completed supervised and relevant clinical experience approved by the board, has undergone a process of independent peer review, holds a current license in good standing, maintains malpractice insurance, and annually completes at least 40 hours of continuing education every two years. The bill requires the prescribing psychologist to maintain a collaborative relationship with the health-care provider who oversees the client’s general medical care and must disclose to their patients that they are not a licensed physician.

Envision:You’s Action: Statement of Support / Testified before House 2/1/23 / Testified before Senate 2/16/23
Status of Bill: Passed, Signed into Law by Governor Polis
Link: https://leg.colorado.gov/bills/hb23-1071 

HB23-1098:Women's Rights In Athletics
“Concerning protecting female students’ rights in athletics.” This bill would require any intercollegiate, interscholastic, intramural, or club athletic team, sport, or athletic event to be designated as one of the following, based on the biological sex at birth of the participating students: Male, female, or coeducational. Male and female athletes may only participate on teams designated to their “respective sexes”.

Envision: You’s Action: Statement of Opposition
Status of Bill: Failed 8-3, Postponed Indefinitely
Link: https://leg.colorado.gov/bills/hb23-1098

HB23-1130:Drug Coverage for Serious Mental Illness

With respect to step-therapy protocols (protocols) for health insurance, the bill defines "serious mental illness" and prohibits the protocols from requiring a person to try more than one prescription drug prior to receiving coverage for the drug recommended by the person's health-care provider. If certain conditions are met and attested to by the person's health-care provider, the carrier, private utilization review organization, or pharmacy benefit manager must cover the drug recommended by the person's health-care provider.

Envision:You’s Action: Statement of Support
State of Bill: Senate Third Reading Passed - No Amendments 4/21/23, sent to Governor for signature

Link: https://leg.colorado.gov/bills/hb23-1130

HB23-1200:Improved Outcomes Persons Behavioral Health

To help serve the health-care needs of persons with behavioral health needs who are enrolled in medicaid, the bill requires managed care entities (MCE) to enter into single case agreements with willing providers of behavioral health services enrolled in the medical assistance program when network development and access standards are not met and a member needs access to a medically necessary behavioral health service. The bill sets forth the requirements for single case agreements created by an MCE.

Envision:You’s Action: Statement of Support 

State of Bill: Passed and sent to Governor for signature

Link: https://leg.colorado.gov/bills/hb23-1200

HB23-1202 :Overdose Prevention Center Authorization

House Bill 23-1202 as proposed would seek to authorize Colorado municipalities to establish Overdose Prevention Centers (OPC) within municipal boundaries. The bill defines OPC as a space for individuals to use previously obtained controlled substances in a monitored setting under the supervision of health-care professionals, or other trained staff, for the purpose of providing life-saving treatment in the event of potential overdose. OPCs also provide access to sterile consumption equipment, tools to test for the presence of fentanyl (a synthetic opioid), mental health counseling, referrals to substance use disorder treatment, and other harm reduction services.

Envision:You’s Action: Statement of Support 

State of Bill: Senate Committee Postponed Indefinitely 

Link: https://leg.colorado.gov/bills/hb23-1202

HB23-1256:Health-care Professional Telehealth Out-of-state Patient

House Bill 23-1256 authorizes health-care professionals to practice Telehealth in other states granted by an interstate compact to practice the particular health-care professional in the state where the patient or client is located at the time the health care is rendered, or otherwise granted authority through license, certificate, or registration.

Envision:You’s Action: Statement of Support

State of Bill: Postponed indefinitely
Link: https://leg.colorado.gov/bills/hb23-1256

SENATE

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SB23-002
Medicaid Reimbursement for Community Health Services
Senate Bill 23-002 authorizes the Department of Health Care Policy and Financing to seek federal authorization from the Centers for Medicare and Medicaid services to provide medicaid reimbursement for community health social work services. Four public stakeholder meetings are required to solicit input on considerations to be included in the state department’s request for federal authorization. The State Department must also include a report and presentation on how community health workers are being utilized through Medicaid to the joint budget committee at the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act” hearing on or before January 31, 2026.

Envision:You’s Action: Statement of Support
Status of Bill: Signed by Governor 5/10/2023
Link: https://leg.colorado.gov/bills/sb23-002

SB23-014
Disordered Eating Prevention
Colorado Senate Bill 23-014 would create the Office of Disordered Eating Prevention, which would be overseen by the Department of Public Health and Environment. The purpose of the office would include research on the impacts disordered eating has on Coloradans; organize resources to educate Coloradans on the consequences of disordered eating, and to support Coloradans who develop or already have disordered eating.
Envision:You’s Action: Statement of Support / Testified in front of Senate Committee
Status of Bill: Passed, sent to the Governor for signature
Link: https://leg.colorado.gov/bills/sb23-014

SB23-033
Medicaid Preauthorization Exemption
The bill prohibits the department of health care policy and financing from imposing prior authorization, step therapy, and fail first requirements for medicaid coverage of a prescription drug, as indicated on federally approved labels, to treat serious mental health disorders.
Envision:You’s Action: Statement of Support
Status of Bill: Lost, Senate Committee on Health & Human Services Refer Unamended to Appropriations
Link: https://leg.colorado.gov/bills/sb23-033

SB23-174
Access to Certain Behavioral Health Services
The bill requires the department of health care policy and financing (HCPF) to provide certain behavioral health services for medicaid recipients who are under 21 years of age without requiring a diagnosis. The bill requires the state department to begin to provide the services no later than July 1, 2024.
Envision: You’s Action: Statement of Support
Status of Bill: Sent to the Governor for signature 5/9/2023
Link: https://leg.colorado.gov/bills/sb23-174

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SB23-176
Protections For People With An Eating Disorder
This bill prohibits certain health benefit plans or the state medical assistance program from utilizing the BMI, ideal body weight, or any other standard requiring an achieved weight when determining medical necessity criteria or appropriate level of care for an individual with a diagnosed eating disorder. The bill also prohibits a retail establishment from selling, transferring, or otherwise furnishing dietary supplements for weight loss or over-the-counter diet pills to any individual under 18 years of age without a prescription. The BHA will promulgate rules concerning forced feeding tubes for an individual with an eating disorder and is responsible for requiring all eating disorder treatment and recovery facilities to hold an appropriate designation based on the level of care the facility provides. 

Envision: You’s Action: Statement of Support / Testified in front of Senate Committee 3/23/23
Status of Bill: Passed, sent to Governor for signature
Link: https://leg.colorado.gov/bills/sb23-176