Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0884.02 Brita Darling x2241
HOUSE BILL 22-1354
House Committees Senate Committees
Public & Behavioral Health & Human Services Business, Labor, & Technology
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
SENATE
Amended 2nd Reading
May 4, 2022
HOUSE
3rd Reading Unamended
April 25, 2022
HOUSE
Amended 2nd Reading
April 22, 2022
HOUSE SPONSORSHIP
Lindsay and Michaelson Jenet, Amabile, Bacon, Benavidez, Bernett, Bird, Boesenecker,
Caraveo, Cutter, Daugherty, Duran, Exum, Froelich, Gonzales-Gutierrez, Herod, Hooton,
Jodeh, Kipp, Lontine, McCluskie, McCormick, Mullica, Ricks, Snyder, Sullivan, Titone,
Valdez A., Weissman, Woodrow, Young
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; 22
(b) T
HE EMPLOYER, AS NECESSARY FOR THE EMPLOYER TO COMPLY
23
WITH APPLICABLE STATE OR FEDERAL LAWS , RULES, AND REGULATIONS;24
AND25
(c) THE REFERRING PHYSICIAN AND ANY OTHER RELEVANT26
TREATING OR EVALUATING PROVIDERS, AS NECESSARY.27
1354
-3- (3) (a) MENTAL HEALTH RECORDS PROVIDED PURSUANT TO1
SUBSECTION (2) OF THIS SECTION SHALL NOT BE DISCLOSED TO ANY2
PERSON WHO IS NOT REASONABLY NECESSARY FOR THE MEDICAL3
EVALUATION, ADJUSTMENT, OR ADJUDICATION OF CLAIMS INVOLVING4
PSYCHOLOGICAL OR PSYCHIATRIC ISSUES UNLESS DISCLOSURE IS5
OTHERWISE DIRECTED BY ORDER OF THE DIRECTOR OR AN6
ADMINISTRATIVE LAW JUDGE.7
(b) (I) AN INSURER MAY RELEASE INFORMATION FROM A8
CLAIMANT'S MENTAL HEALTH RECORDS CONCERNING ANY WORK9
RESTRICTIONS PLACED ON THE CLAIMANT TO THE CLAIMANT'S EMPLOYER,10
SUPERVISOR, OR MANAGER, AND INFORMATION AS NECESSARY FOR THE11
ADJUSTMENT AND ADJUDICATION OF A CLAIM, BUT SHALL NOT DISCLOSE12
THE CLAIMANT'S ACTUAL MENTAL HEALTH RECORDS TO ANY THIRD PARTY13
WHO IS NOT DIRECTLY INVOLVED IN MEDICALLY EVALUATING, ADJUSTING,14
OR ADJUDICATING CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC15
ISSUES WITHOUT THE CONSENT OF THE CLAIMANT UNLESS DISCLOSURE IS16
OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE LAW17
JUDGE.18
(II) NOTWITHSTANDING SUBSECTION (3)(b)(I) OF THIS SECTION, IF19
THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO20
THE RELEASE OF MENTAL HEALTH RECORDS , THE INSURER SHALL NOT21
DISCLOSE THE MENTAL HEALTH RECORDS TO A THIRD PARTY UNLESS22
OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE LAW23
JUDGE. 24
(c) I
F AN EMPLOYER IS SELF-INSURED, UPON RECEIPT OF MENTAL25
HEALTH RECORDS, THE EMPLOYER:26
(I) S
HALL MAINTAIN MENTAL HEALTH RECORDS UNDER27
1354
-4- RESTRICTED ACCESS, SEPARATE FROM PERSONNEL FILES, AND WITH CLEAR1
POLICIES AND TRAINING TO ENSURE THE CLAIMANT 'S PRIVACY IS2
PROTECTED; AND3
(II) (A) MAY DISCLOSE INFORMATION FROM THE CLAIMANT'S4
MENTAL HEALTH RECORDS CONCERNING ANY WORK RESTRICTIONS PLACED5
ON THE CLAIMANT TO THE CLAIMANT 'S SUPERVISOR OR MANAGER AND6
INFORMATION AS NECESSARY FOR THE ADJUSTMENT OR ADJUDICATION OF7
A CLAIM, BUT SHALL NOT DISCLOSE THE CLAIMANT 'S ACTUAL MENTAL8
HEALTH RECORDS TO ANY THIRD PARTY WHO IS NOT DIRECTLY INVOLVED9
IN MEDICALLY EVALUATING, ADJUSTING, OR ADJUDICATING CLAIMS10
INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC ISSUES WITHOUT THE11
CONSENT OF THE CLAIMANT, UNLESS DISCLOSURE IS OTHERWISE ORDERED12
BY THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE .13
(B) NOTWITHSTANDING SUBSECTION (3)(c)(II)(A) OF THIS14
SECTION, IF THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN15
OBJECTS TO THE RELEASE OF MENTAL HEALTH RECORDS, THE16
SELF-INSURED EMPLOYER SHALL NOT DISCLOSE THE MENTAL HEALTH17
RECORDS TO ANY THIRD PARTY UNLESS OTHERWISE ORDERED BY THE18
DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE .19
(d) (I) A THIRD PARTY RECEIVING MENTAL HEALTH RECORDS20
PURSUANT TO THIS SUBSECTION (3) SHALL NOT DISCLOSE THE CLAIMANT'S21
ACTUAL MENTAL HEALTH RECORDS TO ANY PERSON WHO IS NOT DIRECTLY22
INVOLVED IN MEDICALLY EVALUATING , ADJUSTING, OR ADJUDICATING23
CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC ISSUES WITHOUT THE24
CONSENT OF THE CLAIMANT, UNLESS OTHERWISE ORDERED BY THE25
DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE .26
(II) NOTWITHSTANDING SUBSECTION (3)(d)(I) OF THIS SECTION, IF27
1354
-5- THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO1
THE RELEASE OF MENTAL HEALTH RECORDS, THE THIRD PARTY SHALL NOT2
DISCLOSE THE MENTAL HEALTH RECORDS TO ANY OTHER THIRD PARTY3
UNLESS OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE4
LAW JUDGE.5
6
(4) THE DIRECTOR MAY PROMULGATE RULES NECESSARY FOR THE7
IMPLEMENTATION OF THIS SECTION.8
SECTION 2. In Colorado Revised Statutes, 8-47-203, amend (1)9
introductory portion and (1)(b) as follows:10
8-47-203. Access to files, records, and orders.11
(1) Notwithstanding the provisions of section 8-47-202, the filing of a12
claim for compensation is deemed to be a limited waiver of the13
doctor-patient privilege to persons who are necessary to resolve the claim.14
T
HE RELEASE OF MENTAL HEALTH RECORDS PURSUANT TO THIS SECTION15
MUST COMPLY WITH SECTION 8-47-203.2. Access to claim files maintained16
by the division will be permitted only as follows:17
(b) Persons who are not parties to a claim, or their attorneys or18
designated representatives, and who wish to inspect or obtain information19
from claim files may submit a request to inspect a particular file, stating20
the purpose for such inspection. The director may disallow such requests21
if the purpose of the inspection is to further commercial interests, or
to22
disseminate information to nonparties,
OR IF THE INSPECTION DOES NOT23
COMPLY WITH SECTION 8-47-203.2. Any such request shall be considered24
and determined by the division within seventy-two hours.25
SECTION 3. In Colorado Revised Statutes, 8-42-101, add (3.9)26
as follows:27
1354
-6- 8-42-101. Employer must furnish medical aid - approval of1
plan - fee schedule - contracting for treatment - no recovery from2
employee - medical treatment guidelines - accreditation of physicians3
and other medical providers - mental health provider qualifications4
- rules - definition - repeal. (3.9) A
PERSON PROVIDING MENTAL HEALTH5
SERVICES PURSUANT TO ARTICLES 40 TO 47 OF THIS TITLE 8, INCLUDING6
COGNITIVE BEHAVIORAL THERAPY AND OTHER TREATMENT MODALITIES7
UNDER THE WORKERS ' COMPENSATION SYSTEM , MUST BE FORMALLY8
TRAINED AND LICENSED AS A MENTAL HEALTH
PROVIDER.9
SECTION 4. Applicability. This act applies to claims filed on or10
after the effective date of this act.11
SECTION 5. Safety clause. The general assembly hereby finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety.14
1354
-7-