Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0884.02 Brita Darling x2241
HOUSE BILL 22-1354
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING MENTAL HEALTH IN WORKERS ' COMPENSATION CASES.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill clarifies provisions in the "Workers' Compensation Act of
Colorado" (act) relating to the release and disclosure of mental health
records pertaining to an injured employee making a claim under the act
(claimant).
The bill:
! Defines "mental health records" as psychological or
psychiatric intake evaluation or progress notes or
psychiatric independent medical examination and division
HOUSE SPONSORSHIP
Lindsay and Michaelson Jenet,
SENATE SPONSORSHIP
Winter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. independent medical examination records pertaining to a
claimant;
! Requires a mental health provider to provide an insurer
with mental health records, as necessary for payment,
adjustment, and adjudication of claims involving
psychiatric issues;
! Prohibits the disclosure of mental health records to any
person who is not directly involved in adjusting or
adjudicating claims involving psychiatric issues without the
consent of the mental health provider or claimant;
! Prohibits an insurer from releasing a claimant's mental
health records to the claimant's employer;
! Limits an insurer's disclosure of a claimant's mental health
records to an employer, supervisor, or manager to only
information from the mental health records pertaining to
work restrictions placed on the claimant; and
! For a self-insured employer:
! Requires the employer to keep a claimant's mental
health records separate from personnel files;
! Limits disclosure of the claimant's mental health
records to a supervisor or manager to only
information from the mental health records
pertaining to work restrictions placed on the
claimant; and
! Prohibits disclosure of the claimant's mental health
records to any third party and redisclosure by the
third party to any person who is not directly
involved in adjusting or adjudicating claims
involving psychiatric issues without the consent of
the treating mental health provider or claimant.
The bill requires the director of the division of workers'
compensation in the department of labor and employment (division) to:
! Institute a training program relating to mental health
records for division employees responsible for medical
policy and claims management and processing; and
! Promulgate rules necessary for the implementation of the
bill.
The bill requires a person providing mental health services under
the act to be a licensed mental health provider in the state.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 8-47-203.2 as2
HB22-1354-2- follows:1
8-47-203.2. Mental health records - disclosure - division2
employee training - rules - definition. (1) A
S USED IN THIS SECTION,3
UNLESS THE CONTEXT OTHERWISE REQUIRES , "MENTAL HEALTH RECORD "4
MEANS PSYCHOLOGICAL OR PSYCHIATRIC INTAKE EVALUATION OR5
PROGRESS NOTES AND PSYCHIATRIC INDEPENDENT MEDICAL EXAMINATION6
OR DIVISION INDEPENDENT MEDICAL EXAMINATION RECORDS PERTAINING7
TO A CLAIMANT.8
(2) A
MENTAL HEALTH PROVIDER SHALL PROVIDE MENTAL HEALTH9
RECORDS TO:10
(a) T
HE INSURER, OR IF SELF-INSURED, THE EMPLOYER, AS11
NECESSARY FOR PAYMENT OF SERVICES AND ADJUSTMENT AND12
ADJUDICATION OF CLAIMS INVOLVING PSYCHIATRIC ISSUES ; AND13
(b) T
HE REFERRING PHYSICIAN AND ANY OTHER RELEVANT14
TREATING PROVIDERS, AS NECESSARY.15
(3) (a) M
ENTAL HEALTH RECORDS SHALL NOT BE DISCLOSED TO16
ANY PERSON WHO IS NOT DIRECTLY INVOLVED IN MEDICALLY EVALUATING17
OR ADJUSTING OR ADJUDICATING CLAIMS INVOLVING PSYCHIATRIC ISSUES18
WITHOUT THE CONSENT OF THE MENTAL HEALTH PROVIDER OR THE19
CLAIMANT.20
(b) E
XCEPT AS PROVIDED IN SUBSECTION (3)(c) OF THIS SECTION,21
AN INSURER SHALL NOT RELEASE MENTAL HEALTH RECORDS TO THE22
EMPLOYER WITHOUT THE CONSENT OF THE MENTAL HEALTH PROVIDER OR23
THE CLAIMANT. THE INSURER SHALL DISCLOSE TO THE CLAIMANT 'S24
EMPLOYER, SUPERVISOR, OR MANAGER ONLY INFORMATION FROM A25
CLAIMANT'S MENTAL HEALTH RECORDS THAT PERTAINS TO ANY WORK26
RESTRICTIONS PLACED ON THE CLAIMANT AND SHALL NOT DISCLOSE THE27
HB22-1354
-3- CLAIMANT'S ACTUAL MENTAL HEALTH RECORDS WITHOUT THE CONSENT1
OF THE MENTAL HEALTH PROVIDER OR THE CLAIMANT .2
(c) I
F AN EMPLOYER IS SELF-INSURED, UPON RECEIPT OF MENTAL3
HEALTH RECORDS, THE EMPLOYER:4
(I) S
HALL MAINTAIN MENTAL HEALTH RECORDS UNDER5
RESTRICTED ACCESS, SEPARATE FROM PERSONNEL FILES, AND WITH CLEAR6
POLICIES AND TRAINING TO ENSURE THE CLAIMANT 'S PRIVACY IS7
PROTECTED;8
(II) S
HALL DISCLOSE TO THE CLAIMANT 'S SUPERVISOR OR9
MANAGER ONLY INFORMATION FROM THE CLAIMANT 'S MENTAL HEALTH10
RECORDS THAT PERTAINS TO ANY WORK RESTRICTIONS PLACED ON THE11
CLAIMANT AND SHALL NOT DISCLOSE THE CLAIMANT 'S ACTUAL MENTAL12
HEALTH RECORDS WITHOUT THE CONSENT OF THE MENTAL HEALTH13
PROVIDER OR THE CLAIMANT; AND14
(III) S
HALL NOT DISCLOSE A CLAIMANT 'S MENTAL HEALTH15
RECORDS TO ANY THIRD PARTY WHO IS NOT DIRECTLY INVOLVED IN16
MEDICALLY EVALUATING OR ADJUSTING OR ADJUDICATING CLAIMS17
INVOLVING PSYCHIATRIC ISSUES WITHOUT THE CONSENT OF THE MENTAL18
HEALTH PROVIDER OR THE CLAIMANT . A THIRD PARTY RECEIVING MENTAL19
HEALTH RECORDS PURSUANT TO THIS SUBSECTION (3)(c)(III) IS SUBJECT20
TO THE RESTRICTIONS ON DISCLOSURE TO ANOTHER PERSON AS SET FORTH21
IN THIS SUBSECTION (3)(c).22
(4) T
HE DIRECTOR SHALL INSTITUTE A TRAINING PROGRAM23
RELATING TO MENTAL HEALTH RECORDS FOR EMPLOYEES OF THE DIVISION24
RESPONSIBLE FOR MEDICAL POLICY AND CLAIMS MANAGEMENT AND25
PROCESSING. THE TRAINING PROGRAM MUST INCLUDE , AT A MINIMUM,26
INFORMATION CONCERNING :27
HB22-1354
-4- (a) THE IMPORTANCE OF A CLAIMANT'S PRIVACY TO THE PROVISION1
OF MENTAL HEALTH SERVICES;2
(b) T
HE RISK OF HARM TO CLAIMANTS WHEN MENTAL HEALTH3
RECORDS ARE RELEASED WITHOUT THE KNOWLEDGE AND CONSENT OF THE4
TREATING MENTAL HEALTH PROVIDER OR THE CLAIMANT ; AND5
(c) H
OW MENTAL HEALTH RECORDS ARE TREATED IN ACCORDANCE6
WITH THIS SECTION WITH RESPECT TO THE LIMITED WAIVER OF THE7
DOCTOR-PATIENT PRIVILEGE AND THE INSPECTION OF CLAIM FILES8
PURSUANT TO SECTION 8-47-203 AND OTHER PROVISIONS RELATING TO9
THE RELEASE OF RECORDS UNDER THE "WORKERS' COMPENSATION ACT10
OF COLORADO", ARTICLES 40 TO 47 OF THIS TITLE 8.11
(5) T
HE DIRECTOR MAY PROMULGATE RULES NECESSARY FOR THE12
IMPLEMENTATION OF THIS SECTION.13
SECTION 2. In Colorado Revised Statutes, 8-47-203, amend (1)14
introductory portion and (1)(b) as follows:15
8-47-203. Access to files, records, and orders.16
(1) Notwithstanding the provisions of section 8-47-202, the filing of a17
claim for compensation is deemed to be a limited waiver of the18
doctor-patient privilege to persons who are necessary to resolve the claim.19
T
HE RELEASE OF MENTAL HEALTH RECORDS PURSUANT TO THIS SECTION20
MUST COMPLY WITH SECTION 8-47-203.2. Access to claim files maintained21
by the division will be permitted only as follows:22
(b) Persons who are not parties to a claim, or their attorneys or23
designated representatives, and who wish to inspect or obtain information24
from claim files may submit a request to inspect a particular file, stating25
the purpose for such inspection. The director may disallow such requests26
if the purpose of the inspection is to further commercial interests, or
to27
HB22-1354
-5- disseminate information to nonparties, OR IF THE INSPECTION DOES NOT1
COMPLY WITH SECTION 8-47-203.2. Any such request shall be considered2
and determined by the division within seventy-two hours.3
SECTION 3. In Colorado Revised Statutes, 8-42-101, add (3.9)4
as follows:5
8-42-101. Employer must furnish medical aid - approval of6
plan - fee schedule - contracting for treatment - no recovery from7
employee - medical treatment guidelines - accreditation of physicians8
and other medical providers - mental health provider qualifications9
- rules - definition - repeal. (3.9) A
PERSON PROVIDING MENTAL HEALTH10
SERVICES PURSUANT TO ARTICLES 40 TO 47 OF THIS TITLE 8, INCLUDING11
COGNITIVE BEHAVIORAL THERAPY AND OTHER TREATMENT MODALITIES12
UNDER THE WORKERS ' COMPENSATION SYSTEM , MUST BE FORMALLY13
TRAINED AND LICENSED AS A MENTAL HEALTH PROVIDER IN THIS STATE .14
SECTION 4. Applicability. This act applies to claims filed on or15
after the effective date of this act.16
SECTION 5. Safety clause. The general assembly hereby finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety.19
HB22-1354
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