HOUSE BILL 22-1354
BY REPRESENTATIVE(S) 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, Esgar, Sirota;
also SENATOR(S) Winter, Bridges, Buckner, Danielson, Ginal, Hansen,
Jaquez Lewis, Kolker, Moreno, Pettersen, Rodriguez, Story.
C
ONCERNING MENTAL HEALTH IN WORKERS ' COMPENSATION CASES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 8-47-203.2 as
follows:
8-47-203.2. Mental health records - disclosure - rules -
definition. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
, "MENTAL HEALTH RECORD " MEANS THE FOLLOWING RECORDS
PERTAINING TO THE CLAIMANT
:
(a) P
SYCHOLOGICAL OR PSYCHIATRIC TESTS , INCLUDING
NEUROPSYCHOLOGICAL TESTING
;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) OTHER RECORDS PREPARED BY OR FOR A MENTAL HEALTH
PROVIDER
;
(c) I
NDEPENDENT MEDICAL EXAMINATION RECORDS , AUDIO
RECORDINGS
, AND REPORTS THAT ADDRESS PSYCHOLOGICAL OR
PSYCHIATRIC ISSUES
;
(d) D
IVISION INDEPENDENT MEDICAL EVALUATION RECORDS AND
REPORTS THAT ADDRESS PSYCHOLOGICAL OR PSYCHIATRIC ISSUES
; AND
(e) RECORDS RELATING TO THE EVALUATION , DIAGNOSIS, OR
TREATMENT OF A SUBSTANCE USE OR ABUSE DISORDER
.
(2) A
MENTAL HEALTH PROVIDER SHALL PROVIDE MENTAL HEALTH
RECORDS TO
:
(a) T
HE INSURER, OR IF SELF-INSURED, THE EMPLOYER, AS
NECESSARY FOR PAYMENT OF SERVICES AND ADJUSTMENT AND
ADJUDICATION OF CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC
ISSUES
;
(b) T
HE EMPLOYER, AS NECESSARY FOR THE EMPLOYER TO COMPLY
WITH APPLICABLE STATE OR FEDERAL LAWS
, RULES, AND REGULATIONS; AND
(c) THE REFERRING PHYSICIAN AND ANY OTHER RELEVANT TREATING
OR EVALUATING PROVIDERS
, AS NECESSARY.
(3) (a) M
ENTAL HEALTH RECORDS PROVIDED PURSUANT TO
SUBSECTION
(2) OF THIS SECTION SHALL NOT BE DISCLOSED TO ANY PERSON
WHO IS NOT REASONABLY NECESSARY FOR THE MEDICAL EVALUATION
,
ADJUSTMENT, OR ADJUDICATION OF CLAIMS INVOLVING PSYCHOLOGICAL OR
PSYCHIATRIC ISSUES UNLESS DISCLOSURE IS OTHERWISE DIRECTED BY ORDER
OF THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE
.
(b) (I) A
N INSURER MAY RELEASE INFORMATION FROM A CLAIMANT 'S
MENTAL HEALTH RECORDS CONCERNING ANY WORK RESTRICTIONS PLACED
ON THE CLAIMANT TO THE CLAIMANT
'S EMPLOYER, SUPERVISOR, OR
MANAGER
, AND INFORMATION AS NECESSARY FOR THE ADJUSTMENT AND
ADJUDICATION OF A CLAIM
, BUT SHALL NOT DISCLOSE THE CLAIMANT 'S
PAGE 2-HOUSE BILL 22-1354 ACTUAL MENTAL HEALTH RECORDS TO ANY THIRD PARTY WHO IS NOT
DIRECTLY INVOLVED IN MEDICALLY EVALUATING
, ADJUSTING, OR
ADJUDICATING CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC ISSUES
WITHOUT THE CONSENT OF THE CLAIMANT UNLESS DISCLOSURE IS
OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE
.
(II) N
OTWITHSTANDING SUBSECTION (3)(b)(I) OF THIS SECTION, IF
THE CLAIMANT
'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO THE
RELEASE OF MENTAL HEALTH RECORDS
, THE INSURER SHALL NOT DISCLOSE
THE MENTAL HEALTH RECORDS TO A THIRD PARTY UNLESS OTHERWISE
ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE
.
(c) I
F AN EMPLOYER IS SELF-INSURED, UPON RECEIPT OF MENTAL
HEALTH RECORDS
, THE EMPLOYER:
(I) S
HALL MAINTAIN MENTAL HEALTH RECORDS UNDER RESTRICTED
ACCESS
, SEPARATE FROM PERSONNEL FILES, AND WITH CLEAR POLICIES AND
TRAINING TO ENSURE THE CLAIMANT
'S PRIVACY IS PROTECTED; AND
(II) (A) MAY DISCLOSE INFORMATION FROM THE CLAIMANT 'S
MENTAL HEALTH RECORDS CONCERNING ANY WORK RESTRICTIONS PLACED
ON THE CLAIMANT TO THE CLAIMANT
'S SUPERVISOR OR MANAGER AND
INFORMATION AS NECESSARY FOR THE ADJUSTMENT OR ADJUDICATION OF A
CLAIM
, BUT SHALL NOT DISCLOSE THE CLAIMANT'S ACTUAL MENTAL HEALTH
RECORDS TO ANY THIRD PARTY WHO IS NOT DIRECTLY INVOLVED IN
MEDICALLY EVALUATING
, ADJUSTING, OR ADJUDICATING CLAIMS INVOLVING
PSYCHOLOGICAL OR PSYCHIATRIC ISSUES WITHOUT THE CONSENT OF THE
CLAIMANT
, UNLESS DISCLOSURE IS OTHERWISE ORDERED BY THE DIRECTOR
OR AN ADMINISTRATIVE LAW JUDGE
.
(B) N
OTWITHSTANDING SUBSECTION (3)(c)(II)(A) OF THIS SECTION,
IF THE CLAIMANT'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO
THE RELEASE OF MENTAL HEALTH RECORDS
, THE SELF-INSURED EMPLOYER
SHALL NOT DISCLOSE THE MENTAL HEALTH RECORDS TO ANY THIRD PARTY
UNLESS OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE
LAW JUDGE
.
(d) (I) A
THIRD PARTY RECEIVING MENTAL HEALTH RECORDS
PURSUANT TO THIS SUBSECTION
(3) SHALL NOT DISCLOSE THE CLAIMANT 'S
ACTUAL MENTAL HEALTH RECORDS TO ANY PERSON WHO IS NOT DIRECTLY
PAGE 3-HOUSE BILL 22-1354 INVOLVED IN MEDICALLY EVALUATING , ADJUSTING, OR ADJUDICATING
CLAIMS INVOLVING PSYCHOLOGICAL OR PSYCHIATRIC ISSUES WITHOUT THE
CONSENT OF THE CLAIMANT
, UNLESS OTHERWISE ORDERED BY THE DIRECTOR
OR AN ADMINISTRATIVE LAW JUDGE
.
(II) N
OTWITHSTANDING SUBSECTION (3)(d)(I) OF THIS SECTION, IF
THE CLAIMANT
'S MENTAL HEALTH PROVIDER OR PHYSICIAN OBJECTS TO THE
RELEASE OF MENTAL HEALTH RECORDS
, THE THIRD PARTY SHALL NOT
DISCLOSE THE MENTAL HEALTH RECORDS TO ANY OTHER THIRD PARTY
UNLESS OTHERWISE ORDERED BY THE DIRECTOR OR AN ADMINISTRATIVE
LAW JUDGE
.
(4) T
HE DIRECTOR MAY PROMULGATE RULES NECESSARY FOR THE
IMPLEMENTATION OF THIS SECTION
.
SECTION 2. In Colorado Revised Statutes, 8-47-203, amend (1)
introductory portion and (1)(b) as follows:
8-47-203. Access to files, records, and orders.
(1) Notwithstanding the provisions of section 8-47-202, the filing of a
claim for compensation is deemed to be a limited waiver of the
doctor-patient privilege to persons who are necessary to resolve the claim.
T
HE RELEASE OF MENTAL HEALTH RECORDS PURSUANT TO THIS SECTION
MUST COMPLY WITH SECTION
8-47-203.2. Access to claim files maintained
by the division will be permitted only as follows:
(b) Persons who are not parties to a claim, or their attorneys or
designated representatives, and who wish to inspect or obtain information
from claim files may submit a request to inspect a particular file, stating the
purpose for such inspection. The director may disallow such requests if the
purpose of the inspection is to further commercial interests, or
to
disseminate information to nonparties,
OR IF THE INSPECTION DOES NOT
COMPLY WITH SECTION
8-47-203.2. Any such request shall be considered
and determined by the division within seventy-two hours.
SECTION 3. In Colorado Revised Statutes, 8-42-101, add (3.9) as
follows:
8-42-101. Employer must furnish medical aid - approval of plan
- fee schedule - contracting for treatment - no recovery from employee
PAGE 4-HOUSE BILL 22-1354 - medical treatment guidelines - accreditation of physicians and other
medical providers - mental health provider qualifications - rules -
definition - repeal. (3.9) A
PERSON PROVIDING MENTAL HEALTH SERVICES
PURSUANT TO ARTICLES
40 TO 47 OF THIS TITLE 8, INCLUDING COGNITIVE
BEHAVIORAL THERAPY AND OTHER TREATMENT MODALITIES UNDER THE
WORKERS
' COMPENSATION SYSTEM , MUST BE FORMALLY TRAINED AND
LICENSED AS A MENTAL HEALTH PROVIDER
.
SECTION 4. Applicability. This act applies to claims filed on or
after the effective date of this act.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 5-HOUSE BILL 22-1354 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 22-1354