Colorado Revised Statutes Title 27. Behavioral Health § 27-80-303. Office of ombudsman for behavioral health access to care--creation--appointment of ombudsman--duties

(1)(a) There is created in the office of the executive director of the department the office of the ombudsman for behavioral health access to care for the purpose of assisting Coloradans in accessing behavioral health care. The office of the ombudsman for behavioral health access to care is a type 1 entity, as defined in section 24-1-105.

(b) The department and the BHA shall offer the office limited support with respect to:

(c) The office operates with full independence and has complete autonomy, control, and authority over operations, budget, and personnel decisions related to the office and the ombudsman, subject to state personnel and fiscal rules. The office may seek, accept, and expend gifts, grants, or donations for the purpose of operating the office. The department may, but is not required to, provide funding to the office.

(a) Interact with consumers and health-care providers with concerns or complaints to help the consumers and providers resolve behavioral health-care access and coverage issues;

(b) Identify, track, and report to the appropriate regulatory or oversight agency concerns, complaints, and potential violations of state or federal rules, regulations, or statutes concerning the availability of, and terms and conditions of, benefits for mental health conditions or substance use disorders, including potential violations related to quantitative and nonquantitative treatment limitations;

(c) Receive and assist consumers and providers in reporting concerns and filing complaints with appropriate regulatory or oversight agencies relating to inappropriate care, a procedure for an emergency mental health hold pursuant to section 27-65-106, a certification for short-term treatment pursuant to section 27-65-108.5 or 27-65-109, or a certification for long-term care and treatment pursuant to section 27-65-110;

(d) Provide appropriate information to help consumers obtain behavioral health care;

(e) Develop appropriate points of contact for referrals to other state and federal agencies;

(f) Provide appropriate information to help consumers or health-care providers file appeals or complaints with the appropriate entities, including insurers and other state and federal agencies; and

(g) Be the appointing authority for any employees the office may choose to hire. Any such employees are state employees subject to the state personnel system.