Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0884.02 Brita Darling x2241
HOUSE BILL 22-1354
House Committees Senate Committees
Public & Behavioral Health & Human Services
Appropriations
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
Amended 2nd Reading
April 22, 2022
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
1354-2- follows:1
8-47-203.2. Mental health records - disclosure - rules -2
definition. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT3
OTHERWISE REQUIRES, "MENTAL HEALTH RECORD"
MEANS THE FOLLOWING4
RECORDS PERTAINING TO THE CLAIMANT :5
(a) PSYCHOLOGICAL OR PSYCHIATRIC TESTS, INCLUDING6
NEUROPSYCHOLOGICAL TESTING ;7
(b) OTHER RECORDS PREPARED BY OR FOR A MENTAL HEALTH8
PROVIDER;9
(c) INDEPENDENT MEDICAL EXAMINATION RECORDS , AUDIO10
RECORDINGS, AND REPORTS THAT ADDRESS PSYCHOLOGICAL OR11
PSYCHIATRIC ISSUES;12
(d) DIVISION INDEPENDENT MEDICAL EVALUATION RECORDS AND13
REPORTS THAT ADDRESS PSYCHOLOGICAL OR PSYCHIATRIC ISSUES ; AND14
(e) RECORDS RELATING TO THE EVALUATION, DIAGNOSIS, OR15
TREATMENT OF A SUBSTANCE USE OR ABUSE DISORDER .16
(2) A
MENTAL HEALTH PROVIDER SHALL PROVIDE MENTAL HEALTH17
RECORDS TO:18
(a) T
HE INSURER, OR IF SELF-INSURED, THE EMPLOYER, AS19
NECESSARY FOR PAYMENT OF SERVICES AND ADJUSTMENT AND20
ADJUDICATION OF CLAIMS INVOLVING
PSYCHOLOGICAL OR PSYCHIATRIC21
ISSUES; AND22
(b) T
HE REFERRING PHYSICIAN AND ANY OTHER RELEVANT23
TREATING
OR EVALUATING PROVIDERS, AS NECESSARY.24
(3) (a) MENTAL HEALTH RECORDS PROVIDED PURSUANT TO25
SUBSECTION (2) OF THIS SECTION SHALL NOT BE DISCLOSED TO ANY26
PERSON WHO IS NOT REASONABLY NECESSARY FOR THE MEDICAL27
1354
-3- EVALUATION, ADJUSTMENT, OR ADJUDICATION OF CLAIMS INVOLVING1
PSYCHOLOGICAL OR PSYCHIATRIC ISSUES UNLESS DISCLOSURE IS2
OTHERWISE DIRECTED BY ORDER OF THE DIRECTOR OR AN3
ADMINISTRATIVE LAW JUDGE.4
(b) (I) AN INSURER MAY RELEASE INFORMATION FROM A5
CLAIMANT'S MENTAL HEALTH RECORDS CONCERNING ANY WORK6
RESTRICTIONS PLACED ON THE CLAIMANT TO THE CLAIMANT'S EMPLOYER,7
SUPERVISOR, OR MANAGER, AND INFORMATION AS NECESSARY FOR THE8
ADJUSTMENT AND ADJUDICATION OF A CLAIM, BUT SHALL NOT DISCLOSE9
THE CLAIMANT'S ACTUAL MENTAL HEALTH RECORDS TO ANY THIRD PARTY10
WHO IS NOT DIRECTLY INVOLVED IN MEDICALLY EVALUATING , ADJUSTING,11
OR ADJUDICATING CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC12
ISSUES WITHOUT THE CONSENT OF THE CLAIMANT UNLESS DISCLOSURE IS13
OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE LAW14
JUDGE.15
(II) NOTWITHSTANDING SUBSECTION (3)(b)(I) OF THIS SECTION, IF16
THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO17
THE RELEASE OF MENTAL HEALTH RECORDS, THE INSURER SHALL NOT18
DISCLOSE THE MENTAL HEALTH RECORDS TO A THIRD PARTY UNLESS19
OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE LAW20
JUDGE. 21
(c) I
F AN EMPLOYER IS SELF-INSURED, UPON RECEIPT OF MENTAL22
HEALTH RECORDS, THE EMPLOYER:23
(I) S
HALL MAINTAIN MENTAL HEALTH RECORDS UNDER24
RESTRICTED ACCESS, SEPARATE FROM PERSONNEL FILES, AND WITH CLEAR25
POLICIES AND TRAINING TO ENSURE THE CLAIMANT 'S PRIVACY IS26
PROTECTED;
AND27
1354
-4- (II) (A) MAY DISCLOSE INFORMATION FROM THE CLAIMANT'S1
MENTAL HEALTH RECORDS CONCERNING ANY WORK RESTRICTIONS PLACED2
ON THE CLAIMANT TO THE CLAIMANT 'S SUPERVISOR OR MANAGER AND3
INFORMATION AS NECESSARY FOR THE ADJUSTMENT OR ADJUDICATION OF4
A CLAIM, BUT SHALL NOT DISCLOSE THE CLAIMANT 'S ACTUAL MENTAL5
HEALTH RECORDS TO ANY THIRD PARTY WHO IS NOT DIRECTLY INVOLVED6
IN MEDICALLY EVALUATING, ADJUSTING, OR ADJUDICATING CLAIMS7
INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC ISSUES WITHOUT THE8
CONSENT OF THE CLAIMANT, UNLESS DISCLOSURE IS OTHERWISE ORDERED9
BY THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE .10
(B) NOTWITHSTANDING SUBSECTION (3)(c)(II)(A) OF THIS11
SECTION, IF THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN12
OBJECTS TO THE RELEASE OF MENTAL HEALTH RECORDS , THE13
SELF-INSURED EMPLOYER SHALL NOT DISCLOSE THE MENTAL HEALTH14
RECORDS TO ANY THIRD PARTY UNLESS OTHERWISE ORDERED BY THE15
DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE .16
(d) (I) A THIRD PARTY RECEIVING MENTAL HEALTH RECORDS17
PURSUANT TO THIS SUBSECTION (3) SHALL NOT DISCLOSE THE CLAIMANT'S18
ACTUAL MENTAL HEALTH RECORDS TO ANY PERSON WHO IS NOT DIRECTLY19
INVOLVED IN MEDICALLY EVALUATING , ADJUSTING, OR ADJUDICATING20
CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC ISSUES WITHOUT THE21
CONSENT OF THE CLAIMANT, UNLESS OTHERWISE ORDERED BY THE22
DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE .23
(II) NOTWITHSTANDING SUBSECTION (3)(d)(I) OF THIS SECTION, IF24
THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO25
THE RELEASE OF MENTAL HEALTH RECORDS, THE THIRD PARTY SHALL NOT26
DISCLOSE THE MENTAL HEALTH RECORDS TO ANY OTHER THIRD PARTY27
1354
-5- UNLESS OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE1
LAW JUDGE.2
3
(4) THE DIRECTOR MAY PROMULGATE RULES NECESSARY FOR THE4
IMPLEMENTATION OF THIS SECTION.5
SECTION 2. In Colorado Revised Statutes, 8-47-203, amend (1)6
introductory portion and (1)(b) as follows:7
8-47-203. Access to files, records, and orders.8
(1) Notwithstanding the provisions of section 8-47-202, the filing of a9
claim for compensation is deemed to be a limited waiver of the10
doctor-patient privilege to persons who are necessary to resolve the claim.11
T
HE RELEASE OF MENTAL HEALTH RECORDS PURSUANT TO THIS SECTION12
MUST COMPLY WITH SECTION 8-47-203.2. Access to claim files maintained13
by the division will be permitted only as follows:14
(b) Persons who are not parties to a claim, or their attorneys or15
designated representatives, and who wish to inspect or obtain information16
from claim files may submit a request to inspect a particular file, stating17
the purpose for such inspection. The director may disallow such requests18
if the purpose of the inspection is to further commercial interests, or
to19
disseminate information to nonparties,
OR IF THE INSPECTION DOES NOT20
COMPLY WITH SECTION 8-47-203.2. Any such request shall be considered21
and determined by the division within seventy-two hours.22
SECTION 3. In Colorado Revised Statutes, 8-42-101, add (3.9)23
as follows:24
8-42-101. Employer must furnish medical aid - approval of25
plan - fee schedule - contracting for treatment - no recovery from26
employee - medical treatment guidelines - accreditation of physicians27
1354
-6- and other medical providers - mental health provider qualifications1
- rules - definition - repeal. (3.9) A
PERSON PROVIDING MENTAL HEALTH2
SERVICES PURSUANT TO ARTICLES 40 TO 47 OF THIS TITLE 8, INCLUDING3
COGNITIVE BEHAVIORAL THERAPY AND OTHER TREATMENT MODALITIES4
UNDER THE WORKERS ' COMPENSATION SYSTEM , MUST BE FORMALLY5
TRAINED AND LICENSED AS A MENTAL HEALTH
PROVIDER.6
SECTION 4. Applicability. This act applies to claims filed on or7
after the effective date of this act.8
SECTION 5. Safety clause. The general assembly hereby finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety.11
1354
-7-