Colorado 2022 Regular Session

Colorado House Bill HB1354 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0884.02 Brita Darling x2241
1	8		HOUSE BILL 22-1354
2		-	BY REPRESENTATIVE(S) Lindsay and Michaelson Jenet, Amabile,
3		-	Bacon, Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter, Daugherty,
4		-	Duran, Exum, Froelich, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp,
5		-	Lontine, McCluskie, McCormick, Mullica, Ricks, Snyder, Sullivan, Titone,
6		-	Valdez A., Weissman, Woodrow, Young, Esgar, Sirota;
7		-	also SENATOR(S) Winter, Bridges, Buckner, Danielson, Ginal, Hansen,
8		-	Jaquez Lewis, Kolker, Moreno, Pettersen, Rodriguez, Story.
	9	+	House Committees Senate Committees
	10	+	Public & Behavioral Health & Human Services Business, Labor, & Technology
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING MENTAL HEALTH IN WORKERS ' COMPENSATION CASES.
11		-
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. In Colorado Revised Statutes, add 8-47-203.2 as
14		-	follows:
15		-	8-47-203.2. Mental health records - disclosure - rules -
	14	+	ONCERNING MENTAL HEALTH IN WORKERS ' COMPENSATION CASES.101
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill clarifies provisions in the "Workers' Compensation Act of
	23	+	Colorado" (act) relating to the release and disclosure of mental health
	24	+	records pertaining to an injured employee making a claim under the act
	25	+	(claimant).
	26	+	The bill:
	27	+	! Defines "mental health records" as psychological or
	28	+	psychiatric intake evaluation or progress notes or
	29	+	psychiatric independent medical examination and division
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 5, 2022
	33	+	SENATE
	34	+	Amended 2nd Reading
	35	+	May 4, 2022
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	April 25, 2022
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 22, 2022
	42	+	HOUSE SPONSORSHIP
	43	+	Lindsay and Michaelson Jenet, Amabile, Bacon, Benavidez, Bernett, Bird, Boesenecker,
	44	+	Caraveo, Cutter, Daugherty, Duran, Exum, Froelich, Gonzales-Gutierrez, Herod, Hooton,
	45	+	Jodeh, Kipp, Lontine, McCluskie, McCormick, Mullica, Ricks, Snyder, Sullivan, Titone,
	46	+	Valdez A., Weissman, Woodrow, Young
	47	+	SENATE SPONSORSHIP
	48	+	Winter, Bridges, Buckner, Danielson, Ginal, Hansen, Jaquez Lewis, Kolker, Moreno,
	49	+	Pettersen, Rodriguez, Story
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	52	+	Dashes through the words indicate deletions from existing statute. independent medical examination records pertaining to a
	53	+	claimant;
	54	+	! Requires a mental health provider to provide an insurer
	55	+	with mental health records, as necessary for payment,
	56	+	adjustment, and adjudication of claims involving
	57	+	psychiatric issues;
	58	+	! Prohibits the disclosure of mental health records to any
	59	+	person who is not directly involved in adjusting or
	60	+	adjudicating claims involving psychiatric issues without the
	61	+	consent of the mental health provider or claimant;
	62	+	! Prohibits an insurer from releasing a claimant's mental
	63	+	health records to the claimant's employer;
	64	+	! Limits an insurer's disclosure of a claimant's mental health
	65	+	records to an employer, supervisor, or manager to only
	66	+	information from the mental health records pertaining to
	67	+	work restrictions placed on the claimant; and
	68	+	! For a self-insured employer:
	69	+	! Requires the employer to keep a claimant's mental
	70	+	health records separate from personnel files;
	71	+	! Limits disclosure of the claimant's mental health
	72	+	records to a supervisor or manager to only
	73	+	information from the mental health records
	74	+	pertaining to work restrictions placed on the
	75	+	claimant; and
	76	+	! Prohibits disclosure of the claimant's mental health
	77	+	records to any third party and redisclosure by the
	78	+	third party to any person who is not directly
	79	+	involved in adjusting or adjudicating claims
	80	+	involving psychiatric issues without the consent of
	81	+	the treating mental health provider or claimant.
	82	+	The bill requires the director of the division of workers'
	83	+	compensation in the department of labor and employment (division) to:
	84	+	! Institute a training program relating to mental health
	85	+	records for division employees responsible for medical
	86	+	policy and claims management and processing; and
	87	+	! Promulgate rules necessary for the implementation of the
	88	+	bill.
	89	+	The bill requires a person providing mental health services under
	90	+	the act to be a licensed mental health provider in the state.
	91	+	Be it enacted by the General Assembly of the State of Colorado:1
	92	+	SECTION 1. In Colorado Revised Statutes, add 8-47-203.2 as2
	93	+	1354-2- follows:1
	94	+	8-47-203.2. Mental health records - disclosure - rules -2
16	95		definition. (1) A
17		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
18		-	REQUIRES
19		-	, "MENTAL HEALTH RECORD " MEANS THE FOLLOWING RECORDS
20		-	PERTAINING TO THE CLAIMANT
21		-	:
22		-	(a) P
23		-	SYCHOLOGICAL OR PSYCHIATRIC TESTS , INCLUDING
24		-	NEUROPSYCHOLOGICAL TESTING
25		-	;
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. (b) OTHER RECORDS PREPARED BY OR FOR A MENTAL HEALTH
34		-	PROVIDER
35		-	;
36		-	(c) I
37		-	NDEPENDENT MEDICAL EXAMINATION RECORDS , AUDIO
38		-	RECORDINGS
39		-	, AND REPORTS THAT ADDRESS PSYCHOLOGICAL OR
40		-	PSYCHIATRIC ISSUES
41		-	;
42		-	(d) D
43		-	IVISION INDEPENDENT MEDICAL EVALUATION RECORDS AND
44		-	REPORTS THAT ADDRESS PSYCHOLOGICAL OR PSYCHIATRIC ISSUES
45		-	; AND
46		-	(e) RECORDS RELATING TO THE EVALUATION , DIAGNOSIS, OR
47		-	TREATMENT OF A SUBSTANCE USE OR ABUSE DISORDER
48		-	.
	96	+	S USED IN THIS SECTION, UNLESS THE CONTEXT3
	97	+	OTHERWISE REQUIRES, "MENTAL HEALTH RECORD"
	98	+	MEANS THE FOLLOWING4
	99	+	RECORDS PERTAINING TO THE CLAIMANT :5
	100	+	(a) PSYCHOLOGICAL OR PSYCHIATRIC TESTS, INCLUDING6
	101	+	NEUROPSYCHOLOGICAL TESTING ;7
	102	+	(b) OTHER RECORDS PREPARED BY OR FOR A MENTAL HEALTH8
	103	+	PROVIDER;9
	104	+	(c) INDEPENDENT MEDICAL EXAMINATION RECORDS , AUDIO10
	105	+	RECORDINGS, AND REPORTS THAT ADDRESS PSYCHOLOGICAL OR11
	106	+	PSYCHIATRIC ISSUES;12
	107	+	(d) DIVISION INDEPENDENT MEDICAL EVALUATION RECORDS AND13
	108	+	REPORTS THAT ADDRESS PSYCHOLOGICAL OR PSYCHIATRIC ISSUES ; AND14
	109	+	(e) RECORDS RELATING TO THE EVALUATION, DIAGNOSIS, OR15
	110	+	TREATMENT OF A SUBSTANCE USE OR ABUSE DISORDER .16
49	111		(2) A
50		-	MENTAL HEALTH PROVIDER SHALL PROVIDE MENTAL HEALTH
51		-	RECORDS TO
52		-	:
	112	+	MENTAL HEALTH PROVIDER SHALL PROVIDE MENTAL HEALTH17
	113	+	RECORDS TO:18
53	114		(a) T
54		-	HE INSURER, OR IF SELF-INSURED, THE EMPLOYER, AS
55		-	NECESSARY FOR PAYMENT OF SERVICES AND ADJUSTMENT ~~AND~~
56		-	ADJUDICATION OF CLAIMS INVOLVING ~~PSYCHOLOGICAL OR PSYCHIATRIC~~
57		-	~~ISSUES~~
58		-	;
	115	+	HE INSURER, OR IF SELF-INSURED, THE EMPLOYER, AS19
	116	+	NECESSARY FOR PAYMENT OF SERVICES AND ADJUSTMENT AND20
	117	+	ADJUDICATION OF CLAIMS INVOLVING
	118	+	PSYCHOLOGICAL OR PSYCHIATRIC21
	119	+	ISSUES; 22
59	120		(b) T
60	121		HE EMPLOYER, AS NECESSARY FOR THE EMPLOYER TO COMPLY
61		-	WITH APPLICABLE STATE OR FEDERAL LAWS
62		-	, RULES, AND REGULATIONS; AND
63		-	(c) THE REFERRING PHYSICIAN AND ANY OTHER RELEVANT TREATING
64		-	OR EVALUATING PROVIDERS
65		-	, AS NECESSARY.
66		-	(3) (a) M
67		-	ENTAL HEALTH RECORDS PROVIDED PURSUANT TO
68		-	SUBSECTION
69		-	(2) OF THIS SECTION SHALL NOT BE DISCLOSED TO ANY PERSON
70		-	WHO IS NOT REASONABLY NECESSARY FOR THE MEDICAL EVALUATION
71		-	,
72		-	ADJUSTMENT, OR ADJUDICATION OF CLAIMS INVOLVING PSYCHOLOGICAL OR
73		-	PSYCHIATRIC ISSUES UNLESS DISCLOSURE IS OTHERWISE DIRECTED BY ORDER
74		-	OF THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE
75		-	.
76		-	(b) (I) A
77		-	N INSURER MAY RELEASE INFORMATION FROM A CLAIMANT 'S
78		-	MENTAL HEALTH RECORDS CONCERNING ANY WORK RESTRICTIONS PLACED
79		-	ON THE CLAIMANT TO THE CLAIMANT
80		-	'S EMPLOYER, SUPERVISOR, OR
81		-	MANAGER
82		-	, AND INFORMATION AS NECESSARY FOR THE ADJUSTMENT AND
83		-	ADJUDICATION OF A CLAIM
84		-	, BUT SHALL NOT DISCLOSE THE CLAIMANT 'S
85		-	PAGE 2-HOUSE BILL 22-1354 ACTUAL MENTAL HEALTH RECORDS TO ANY THIRD PARTY WHO IS NOT
86		-	DIRECTLY INVOLVED IN MEDICALLY EVALUATING
87		-	, ADJUSTING, OR
88		-	ADJUDICATING CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC ISSUES
89		-	WITHOUT THE CONSENT OF THE CLAIMANT UNLESS DISCLOSURE IS
90		-	OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE
91		-	.
92		-	(II) N
93		-	OTWITHSTANDING SUBSECTION (3)(b)(I) OF THIS SECTION, IF
94		-	THE CLAIMANT
95		-	'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO THE
96		-	RELEASE OF MENTAL HEALTH RECORDS
97		-	, THE INSURER SHALL NOT DISCLOSE
98		-	THE MENTAL HEALTH RECORDS TO A THIRD PARTY UNLESS OTHERWISE
99		-	ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE
100		-	.
	122	+	23
	123	+	WITH APPLICABLE STATE OR FEDERAL LAWS , RULES, AND REGULATIONS;24
	124	+	AND25
	125	+	(c) THE REFERRING PHYSICIAN AND ANY OTHER RELEVANT26
	126	+	TREATING OR EVALUATING PROVIDERS, AS NECESSARY.27
	127	+	1354
	128	+	-3- (3) (a) MENTAL HEALTH RECORDS PROVIDED PURSUANT TO1
	129	+	SUBSECTION (2) OF THIS SECTION SHALL NOT BE DISCLOSED TO ANY2
	130	+	PERSON WHO IS NOT REASONABLY NECESSARY FOR THE MEDICAL3
	131	+	EVALUATION, ADJUSTMENT, OR ADJUDICATION OF CLAIMS INVOLVING4
	132	+	PSYCHOLOGICAL OR PSYCHIATRIC ISSUES UNLESS DISCLOSURE IS5
	133	+	OTHERWISE DIRECTED BY ORDER OF THE DIRECTOR OR AN6
	134	+	ADMINISTRATIVE LAW JUDGE.7
	135	+	(b) (I) AN INSURER MAY RELEASE INFORMATION FROM A8
	136	+	CLAIMANT'S MENTAL HEALTH RECORDS CONCERNING ANY WORK9
	137	+	RESTRICTIONS PLACED ON THE CLAIMANT TO THE CLAIMANT'S EMPLOYER,10
	138	+	SUPERVISOR, OR MANAGER, AND INFORMATION AS NECESSARY FOR THE11
	139	+	ADJUSTMENT AND ADJUDICATION OF A CLAIM, BUT SHALL NOT DISCLOSE12
	140	+	THE CLAIMANT'S ACTUAL MENTAL HEALTH RECORDS TO ANY THIRD PARTY13
	141	+	WHO IS NOT DIRECTLY INVOLVED IN MEDICALLY EVALUATING, ADJUSTING,14
	142	+	OR ADJUDICATING CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC15
	143	+	ISSUES WITHOUT THE CONSENT OF THE CLAIMANT UNLESS DISCLOSURE IS16
	144	+	OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE LAW17
	145	+	JUDGE.18
	146	+	(II) NOTWITHSTANDING SUBSECTION (3)(b)(I) OF THIS SECTION, IF19
	147	+	THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO20
	148	+	THE RELEASE OF MENTAL HEALTH RECORDS , THE INSURER SHALL NOT21
	149	+	DISCLOSE THE MENTAL HEALTH RECORDS TO A THIRD PARTY UNLESS22
	150	+	OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE LAW23
	151	+	JUDGE. 24
101	152		(c) I
102		-	F AN EMPLOYER IS SELF-INSURED, UPON RECEIPT OF MENTAL
103		-	HEALTH RECORDS
104		-	, THE EMPLOYER:
	153	+	F AN EMPLOYER IS SELF-INSURED, UPON RECEIPT OF MENTAL25
	154	+	HEALTH RECORDS, THE EMPLOYER:26
105	155		(I) S
106		-	HALL MAINTAIN MENTAL HEALTH RECORDS UNDER RESTRICTED
107		-	ACCESS
108		-	, SEPARATE FROM PERSONNEL FILES, AND WITH CLEAR POLICIES AND
109		-	TRAINING TO ENSURE THE CLAIMANT
110		-	'S PRIVACY IS PROTECTED; AND
111		-	(II) (A) MAY DISCLOSE INFORMATION FROM THE CLAIMANT 'S
112		-	MENTAL HEALTH RECORDS CONCERNING ANY WORK RESTRICTIONS PLACED
113		-	ON THE CLAIMANT TO THE CLAIMANT
114		-	'S SUPERVISOR OR MANAGER AND
115		-	INFORMATION AS NECESSARY FOR THE ADJUSTMENT OR ADJUDICATION OF A
116		-	CLAIM
117		-	, BUT SHALL NOT DISCLOSE THE CLAIMANT'S ACTUAL MENTAL HEALTH
118		-	RECORDS TO ANY THIRD PARTY WHO IS NOT DIRECTLY INVOLVED IN
119		-	MEDICALLY EVALUATING
120		-	, ADJUSTING, OR ADJUDICATING CLAIMS INVOLVING
121		-	PSYCHOLOGICAL OR PSYCHIATRIC ISSUES WITHOUT THE CONSENT OF THE
122		-	CLAIMANT
123		-	, UNLESS DISCLOSURE IS OTHERWISE ORDERED BY THE DIRECTOR
124		-	OR AN ADMINISTRATIVE LAW JUDGE
125		-	.
126		-	(B) N
127		-	OTWITHSTANDING SUBSECTION (3)(c)(II)(A) OF THIS SECTION,
128		-	IF THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO
129		-	THE RELEASE OF MENTAL HEALTH RECORDS
130		-	, THE SELF-INSURED EMPLOYER
131		-	SHALL NOT DISCLOSE THE MENTAL HEALTH RECORDS TO ANY THIRD PARTY
132		-	UNLESS OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE
133		-	LAW JUDGE
134		-	.
135		-	(d) (I) A
136		-	THIRD PARTY RECEIVING MENTAL HEALTH RECORDS
137		-	PURSUANT TO THIS SUBSECTION
138		-	(3) SHALL NOT DISCLOSE THE CLAIMANT 'S
139		-	ACTUAL MENTAL HEALTH RECORDS TO ANY PERSON WHO IS NOT DIRECTLY
140		-	PAGE 3-HOUSE BILL 22-1354 INVOLVED IN MEDICALLY EVALUATING , ADJUSTING, OR ADJUDICATING
141		-	CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC ISSUES WITHOUT THE
142		-	CONSENT OF THE CLAIMANT
143		-	, UNLESS OTHERWISE ORDERED BY THE DIRECTOR
144		-	OR AN ADMINISTRATIVE LAW JUDGE
145		-	.
146		-	(II) N
147		-	OTWITHSTANDING SUBSECTION (3)(d)(I) OF THIS SECTION, IF
148		-	THE CLAIMANT
149		-	'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO THE
150		-	RELEASE OF MENTAL HEALTH RECORDS
151		-	, THE THIRD PARTY SHALL NOT
152		-	DISCLOSE THE MENTAL HEALTH RECORDS TO ANY OTHER THIRD PARTY
153		-	UNLESS OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE
154		-	LAW JUDGE
155		-	.
156		-	(4) T
157		-	HE DIRECTOR MAY PROMULGATE RULES NECESSARY FOR THE
158		-	IMPLEMENTATION OF THIS SECTION
159		-	.
160		-	SECTION 2. In Colorado Revised Statutes, 8-47-203, amend (1)
161		-	introductory portion and (1)(b) as follows:
162		-	8-47-203. Access to files, records, and orders.
163		-	(1) Notwithstanding the provisions of section 8-47-202, the filing of a
164		-	claim for compensation is deemed to be a limited waiver of the
165		-	doctor-patient privilege to persons who are necessary to resolve the claim.
	156	+	HALL MAINTAIN MENTAL HEALTH RECORDS UNDER27
	157	+	1354
	158	+	-4- RESTRICTED ACCESS, SEPARATE FROM PERSONNEL FILES, AND WITH CLEAR1
	159	+	POLICIES AND TRAINING TO ENSURE THE CLAIMANT 'S PRIVACY IS2
	160	+	PROTECTED; AND3
	161	+	(II) (A) MAY DISCLOSE INFORMATION FROM THE CLAIMANT'S4
	162	+	MENTAL HEALTH RECORDS CONCERNING ANY WORK RESTRICTIONS PLACED5
	163	+	ON THE CLAIMANT TO THE CLAIMANT 'S SUPERVISOR OR MANAGER AND6
	164	+	INFORMATION AS NECESSARY FOR THE ADJUSTMENT OR ADJUDICATION OF7
	165	+	A CLAIM, BUT SHALL NOT DISCLOSE THE CLAIMANT 'S ACTUAL MENTAL8
	166	+	HEALTH RECORDS TO ANY THIRD PARTY WHO IS NOT DIRECTLY INVOLVED9
	167	+	IN MEDICALLY EVALUATING, ADJUSTING, OR ADJUDICATING CLAIMS10
	168	+	INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC ISSUES WITHOUT THE11
	169	+	CONSENT OF THE CLAIMANT, UNLESS DISCLOSURE IS OTHERWISE ORDERED12
	170	+	BY THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE .13
	171	+	(B) NOTWITHSTANDING SUBSECTION (3)(c)(II)(A) OF THIS14
	172	+	SECTION, IF THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN15
	173	+	OBJECTS TO THE RELEASE OF MENTAL HEALTH RECORDS, THE16
	174	+	SELF-INSURED EMPLOYER SHALL NOT DISCLOSE THE MENTAL HEALTH17
	175	+	RECORDS TO ANY THIRD PARTY UNLESS OTHERWISE ORDERED BY THE18
	176	+	DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE .19
	177	+	(d) (I) A THIRD PARTY RECEIVING MENTAL HEALTH RECORDS20
	178	+	PURSUANT TO THIS SUBSECTION (3) SHALL NOT DISCLOSE THE CLAIMANT'S21
	179	+	ACTUAL MENTAL HEALTH RECORDS TO ANY PERSON WHO IS NOT DIRECTLY22
	180	+	INVOLVED IN MEDICALLY EVALUATING , ADJUSTING, OR ADJUDICATING23
	181	+	CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC ISSUES WITHOUT THE24
	182	+	CONSENT OF THE CLAIMANT, UNLESS OTHERWISE ORDERED BY THE25
	183	+	DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE .26
	184	+	(II) NOTWITHSTANDING SUBSECTION (3)(d)(I) OF THIS SECTION, IF27
	185	+	1354
	186	+	-5- THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO1
	187	+	THE RELEASE OF MENTAL HEALTH RECORDS, THE THIRD PARTY SHALL NOT2
	188	+	DISCLOSE THE MENTAL HEALTH RECORDS TO ANY OTHER THIRD PARTY3
	189	+	UNLESS OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE4
	190	+	LAW JUDGE.5
	191	+	6
	192	+	(4) THE DIRECTOR MAY PROMULGATE RULES NECESSARY FOR THE7
	193	+	IMPLEMENTATION OF THIS SECTION.8
	194	+	SECTION 2. In Colorado Revised Statutes, 8-47-203, amend (1)9
	195	+	introductory portion and (1)(b) as follows:10
	196	+	8-47-203. Access to files, records, and orders.11
	197	+	(1) Notwithstanding the provisions of section 8-47-202, the filing of a12
	198	+	claim for compensation is deemed to be a limited waiver of the13
	199	+	doctor-patient privilege to persons who are necessary to resolve the claim.14
166	200		T
167		-	HE RELEASE OF MENTAL HEALTH RECORDS PURSUANT TO THIS SECTION
168		-	MUST COMPLY WITH SECTION
169		-	8-47-203.2. Access to claim files maintained
170		-	by the division will be permitted only as follows:
171		-	(b) Persons who are not parties to a claim, or their attorneys or
172		-	designated representatives, and who wish to inspect or obtain information
173		-	from claim files may submit a request to inspect a particular file, stating the
174		-	purpose for such inspection. The director may disallow such requests if the
175		-	purpose of the inspection is to further commercial interests, or
176		-	to
	201	+	HE RELEASE OF MENTAL HEALTH RECORDS PURSUANT TO THIS SECTION15
	202	+	MUST COMPLY WITH SECTION 8-47-203.2. Access to claim files maintained16
	203	+	by the division will be permitted only as follows:17
	204	+	(b) Persons who are not parties to a claim, or their attorneys or18
	205	+	designated representatives, and who wish to inspect or obtain information19
	206	+	from claim files may submit a request to inspect a particular file, stating20
	207	+	the purpose for such inspection. The director may disallow such requests21
	208	+	if the purpose of the inspection is to further commercial interests, or
	209	+	to22
177	210		disseminate information to nonparties,
178		-	OR IF THE INSPECTION DOES NOT
179		-	COMPLY WITH SECTION
180		-	8-47-203.2. Any such request shall be considered
181		-	and determined by the division within seventy-two hours.
182		-	SECTION 3. In Colorado Revised Statutes, 8-42-101, add (3.9) as
183		-	follows:
184		-	8-42-101. Employer must furnish medical aid - approval of plan
185		-	- fee schedule - contracting for treatment - no recovery from employee
186		-	PAGE 4-HOUSE BILL 22-1354 - medical treatment guidelines - accreditation of physicians and other
187		-	medical providers - mental health provider qualifications - rules -
188		-	definition - repeal. (3.9) A
189		-	PERSON PROVIDING MENTAL HEALTH SERVICES
190		-	PURSUANT TO ARTICLES
191		-	40 TO 47 OF THIS TITLE 8, INCLUDING COGNITIVE
192		-	BEHAVIORAL THERAPY AND OTHER TREATMENT MODALITIES UNDER THE
193		-	WORKERS
194		-	' COMPENSATION SYSTEM , MUST BE FORMALLY TRAINED AND
195		-	LICENSED AS A MENTAL HEALTH PROVIDER
196		-	.
197		-	SECTION 4. Applicability. This act applies to claims filed on or
198		-	after the effective date of this act.
199		-	SECTION 5. Safety clause. The general assembly hereby finds,
200		-	PAGE 5-HOUSE BILL 22-1354 determines, and declares that this act is necessary for the immediate
201		-	preservation of the public peace, health, or safety.
202		-	____________________________ ____________________________
203		-	Alec Garnett Steve Fenberg
204		-	SPEAKER OF THE HOUSE PRESIDENT OF
205		-	OF REPRESENTATIVES THE SENATE
206		-	____________________________ ____________________________
207		-	Robin Jones Cindi L. Markwell
208		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
209		-	OF REPRESENTATIVES THE SENATE
210		-	APPROVED________________________________________
211		-	(Date and Time)
212		-	_________________________________________
213		-	Jared S. Polis
214		-	GOVERNOR OF THE STATE OF COLORADO
215		-	PAGE 6-HOUSE BILL 22-1354
	211	+	OR IF THE INSPECTION DOES NOT23
	212	+	COMPLY WITH SECTION 8-47-203.2. Any such request shall be considered24
	213	+	and determined by the division within seventy-two hours.25
	214	+	SECTION 3. In Colorado Revised Statutes, 8-42-101, add (3.9)26
	215	+	as follows:27
	216	+	1354
	217	+	-6- 8-42-101. Employer must furnish medical aid - approval of1
	218	+	plan - fee schedule - contracting for treatment - no recovery from2
	219	+	employee - medical treatment guidelines - accreditation of physicians3
	220	+	and other medical providers - mental health provider qualifications4
	221	+	- rules - definition - repeal. (3.9) A
	222	+	PERSON PROVIDING MENTAL HEALTH5
	223	+	SERVICES PURSUANT TO ARTICLES 40 TO 47 OF THIS TITLE 8, INCLUDING6
	224	+	COGNITIVE BEHAVIORAL THERAPY AND OTHER TREATMENT MODALITIES7
	225	+	UNDER THE WORKERS ' COMPENSATION SYSTEM , MUST BE FORMALLY8
	226	+	TRAINED AND LICENSED AS A MENTAL HEALTH
	227	+	PROVIDER.9
	228	+	SECTION 4. Applicability. This act applies to claims filed on or10
	229	+	after the effective date of this act.11
	230	+	SECTION 5. Safety clause. The general assembly hereby finds,12
	231	+	determines, and declares that this act is necessary for the immediate13
	232	+	preservation of the public peace, health, or safety.14
	233	+	1354
	234	+	-7-