To: Community Mental Health Centers, Community Mental Health Clinics, Acute Treatment Units, Crisis Stabilization Units
From: Jane Flournoy, Behavioral Health and Community Services Section Manager
Several community mental health centers (CMHCs), community mental health clinics (CMHcs), and acute treatment units (ATUs) have current licenses with the Colorado Department of Public Health and Environment (CDPHE) expiring in June 2021. In preparation for the newly adopted Behavioral Health Entity rules and upcoming license transition, CDPHE has contemplated several options for a successful transition for facilities from their previous license type(s) to the BHE license. The initial thought was to transition these providers to the BHE license upon their June 2021 expiration, instead of renewing their existing license. However, there are several challenges related to that:
- The BHE application is not yet available.
- The BHE rules are not widely available on the Secretary of State website until mid-June 2021.
- Ensuring compliance with the BHE rules (e.g., ensuring their existing policies address all of the requirements in Chapter 3) prior to completing the BHE application will be a heavy lift for providers.
- The BHE license cannot be issued until July 1, 2021.
- The way the rules are worded, facilities are expecting to transition to the BHE license at their first license renewal after July 1, 2021. Chapter 3, Part 2.1.2(1) specifies that:
- During the time period of July 1, 2021 through June 30, 2022, facilities or agencies holding a current license from the Department…shall apply to become licensed as a BHE in lieu of applying for renewal of the current license at the time that the current license is due to be renewed.
- a. Entities holding more than one ATU, CSU, community mental health center, or community mental health clinic license shall apply to become licensed as a BHE at the earliest renewal date of all licenses held.
The Department would like to give providers a workable option that allows for a thoughtful, planned transition to the BHE license. The department determined the most appropriate path forward to be:
- The provider will apply for a renewal of their existing CMHC, CMHc, ATU, or CSU license (expiring June 2021), and then applies for the BHE license at the first expiration of an additional license held, or for those that only have one license, applies for the BHE license between July 1, 2021 and early 2022, to assure successful transition by the June 30, 2022 deadline. When CDPHE takes action on the renewal application, the renewal license (the CMHC, CMH Clinic, ATU, or CSU license) is dated June 30, 2021 (or earlier if appropriate based on the prior license’s expiration date) to prevent issue with Section 25-27.6-104(1)(c), C.R.S.
- Pros:
- Consistent with the language in Chapter 3.
- Helps ensure the intent of Section 25-27.6-104(1)(c), C.R.S., is met.
- Gives the provider time to ensure compliance with Chapter 3 before transitioning.
- Allows CDPHE to respond to provider applications over the length of the transition period, rather than an influx at the beginning.
- Consistent with how other licensing transitions have taken place at CDPHE.
- This is consistent with how providers are interpreting Chapter 3 transition language.
For providers who would like to pursue completing and submitting the BHE application prior to June 30, 2021, CDPHE will work with these providers on an individual basis. As a caution, for providers who wish to pursue the BHE application submission prior to the June 30, 2021 current license expiration, the provider must have a COMPLETE BHE application before the June 30 expiration, or their existing license won’t extend past June 30, 2021 (if we haven’t yet acted on the renewal). As an additional cautionary note, for providers who pursue this option, if the application is denied, then the provider is unlicensed as of July 1, 2021 as their previous license would be expired, and could no longer be renewed.
