5 Big Themes You Should Know from the 2022 Legislative Session

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There were more than 40 behavioral health-focused bills in the 2022 Colorado legislative session, which ended last month. Many of these bills were signed into law, and some could mean big changes ahead. Here are five themes you should know about in the behavioral health world:

#1: Behavioral Health Administration (this is big)

Colorado’s funding for behavioral health is among the lowest in the country, and Colorado regularly ranks towards the bottom in access to care (even recently being ranked last in the nation by Mental Health America). While a wide range of providers like WellPower work diligently every day to provide a high level of care for as many people as possible within the current system, there are still gaps that need to be addressed.

The new Behavioral Health Administration (BHA) outlined in HB22-1278 is intended to oversee a revamped “coordinated, cohesive, and effective behavioral health system in the state.” It will replace the current Office of Behavioral Health, set up additional performance monitoring and grievance systems and allow new types of provider entities to offer services.

One of the main drivers of our work in developing and launching new, innovative programs like STAR is increasing access to care for people in our communities who need it. We support the intention of adding more providers across the state who can add to the options available for the people of Colorado. Ideally, this will help close gaps and contribute to the innovative work that’s already being done.

For this to result in meaningful change, though, we need to increase the overall investment our state makes in behavioral health rather than just dividing the existing funding into smaller amounts for more providers – taking the same pie and cutting it into more slices does not mean there’s suddenly more pie. As a state, we need to address the funding side of the system as well if we’re going to make a real difference. This is one of our key areas of advocacy in partnership with the talented people who are continuing to develop the BHA framework.

Much more to come on this.

#2: More Residential Treatment Beds for Adults and Youth

Sometimes, people need a higher level of care than what can be provided in a community-based outpatient setting. This is where residential care comes in – or, at least, where it’s supposed to come in. Unfortunately, Colorado has a severe shortage of inpatient treatment beds, which limits access to this important option for getting people the help they need.

Two signed bills are designed to address this shortage by increasing the number of residential beds at inpatient facilities:

  • HB22-1283 creates in-home and residential care for children and families, increases support for residential treatment facilities and funds a new facility for youth at the state institute at Fort Logan.
  • HB22-1303 mandates the creation of at least 16 additional inpatient beds at the state mental health hospital and directs the department of human services to contract at least 125 additional inpatient beds across the state.

#3: More Behavioral Health Services for Children

Children’s mental health has always been important. Over the past two years in particular, kids have faced dramatic challenges to their well-being, sometimes with serious consequences. The mental health supports available to youth in Colorado are not sufficient for meeting the growing need.

Two signed bills intend to address this by expanding the availability and accessibility of mental health services for children in Colorado:

  • HB22-1243 extends the temporary youth mental health services program, expands funding for behavioral health professionals in schools and makes funds available for increased school security.
  • SB22-147 creates a new pediatric psychiatry program in the University of Colorado and provides funding for school-based and behavioral health services for children.

#4: Increase the Behavioral Health Workforce

The behavioral health field has been experiencing a shortage of qualified workers for a long time. This is true for a wide range of providers, from counselors to psychiatrists – for every psychiatrist entering the field, two are retiring. This means reduced availability of services for people who need care and higher workloads for current staff. With increasing demand on an already strained group of dedicated workers, burnout is common – which, unsurprisingly, only compounds the problem. This shortage has become even more acute over the course of the pandemic.

SB22-181 directs the new BHA (see above) to increase and diversify the behavioral health workforce, create more pathways into the field with colleges and universities, expand the role of peer support professionals, strengthen collaboration with law enforcement, increase opportunities for unlicensed workers and establish new regulatory standards.

#5: Expand Mental Health Alternatives in the Justice System

People experiencing mental illness are over-represented in the justice system. This is due to many factors. Sometimes the symptoms of mental illness increase the chances of encounters with law enforcement for nonviolent infractions. Once in the system, there are few alternative options for addressing the causes, which means people with mental illness tend to get funneled through the same channels as the general population. In cases where people are deemed unable to participate in legal proceedings because of their illness, a shortage of beds in inpatient facilities means many people spend even longer in jail waiting for pre-trial “competency restoration” care.

Two signed bills are intended to improve the availability of mental health services in the justice system:

  • SB22-010 expands the existing pre-trial diversion program to connect eligible people with behavioral health needs with services in the community rather than continuing in the traditional justice system.
  • HB22-1386 increases “competency restoration” services for people who are found to need mental health care prior to being able to participate in legal proceedings.

Stay tuned for more on these and other big changes coming up ahead.