Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0029.01 Josh Schultz x5486
HOUSE BILL 24-1217
House Committees Senate Committees
Health & Human Services
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE DISSEMINAT ION OF PATIENT HEALTH -CARE101
INFORMATION, AND, IN CONNECTION THEREWITH, MAKING AN102
APPROPRIATION.103
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 requires the behavioral health administration in the
department of human services (BHA) to create a universal behavioral
health consent form for disclosure of an individual's protected health
information in compliance with the federal "Health Insurance Portability
HOUSE
Amended 2nd Reading
April 24, 2024
HOUSE SPONSORSHIP
Amabile and Ricks,
SENATE SPONSORSHIP
Mullica,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. and Accountability Act of 1996".
The office of e-health innovation in the governor's office is
required to convene a working group to determine how to most
effectively create a centralized digital consent repository that allows
patients to provide, extend, deny, and revoke consent for sharing their
medical data and information between physical and behavioral
health-care providers, family members, community organizations, payers,
and state agencies at any time.
The BHA is required to create a friends and family input form
(form) to allow an individual to provide a treating professional or a
licensed or designated facility or organization with information related to
a patient receiving mental health or substance use services. The bill
prohibits an individual from knowingly and intentionally making a false
statement on the form; performing this act constitutes an unclassified
misdemeanor penalized by a fine of not more than $1,000.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 27-50-101, add2
(11.5), (13.7),
and (14.5) as follows:3
27-50-101. Definitions. As used in this article 50, unless the4
context otherwise requires:5
(11.5) "C
OVERED ENTITY" MEANS AN ENTITY SUBJECT TO HIPAA.6
(13.7) "F
RIENDS AND FAMILY INPUT FORM " MEANS A FORM7
CREATED PURSUANT TO SECTION
27-50-110 TO ALLOW FAMILY AND8
FRIENDS TO PROVIDE HEALTH OR BACKGROUND INFORMATION ABOUT AN9
INDIVIDUAL RECEIVING MENTAL HEALTH OR SUBSTANCE USE SERVICES .10
(14.5) "HIPAA"
MEANS THE FEDERAL "HEALTH INSURANCE11
P
ORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C. SECS.12
1320d
TO 1320d-9, AS AMENDED.13
14
SECTION 2. In Colorado Revised Statutes, add 27-50-109 and15
27-50-110 as follows:16
1217-2- 1
27-50-109. Centralized digital consent repository working2
group - duties - report - repeal. (1) T
HE OFFICE OF E-HEALTH3
INNOVATION IN THE GOVERNOR 'S OFFICE SHALL CONVENE A WORKING4
GROUP TO EVALUATE THE FEASIBILITY OF CREATING A CENTRALIZED5
DIGITAL CONSENT REPOSITORY THAT :6
(a) A
LLOWS PATIENTS TO PROVIDE, EXTEND, DENY, AND REVOKE7
CONSENT FOR SHARING THEIR MEDICAL DATA AND INFORMATION BETWEEN8
PHYSICAL AND BEHAVIORAL HEALTH -CARE PROVIDERS, FAMILY MEMBERS,9
COMMUNITY ORGANIZATIONS , PAYERS, AND STATE AGENCIES AT ANY10
TIME;11
(b) E
NHANCES CARE COORDINATION AMONG PATIENTS , PROVIDERS,12
AND FAMILY MEMBERS; AND13
(c) E
NSURES PATIENT DATA IS ACCURATELY RECORDED AND14
SECURELY STORED.15
(2) T
HE WORKING GROUP SHALL:16
(a) R
EVIEW THE STATE'S EXISTING EFFORTS TO DEVELOP A17
CENTRALIZED DIGITAL CONSENT REPOSITORY ;18
(b) D
ETERMINE THE PROCESS REQUIRED TO ESTABLISH A19
CENTRALIZED DIGITAL CONSENT REPOSITORY ;20
(c) E
VALUATE THE POTENTIAL COST OF IMPLEMENTING A21
CENTRALIZED DIGITAL CONSENT REPOSITORY ;22
(d) I
DENTIFY THE INFRASTRUCTURE NEEDED TO ESTABLISH A23
CENTRALIZED DIGITAL CONSENT REPOSITORY ;24
(e) I
DENTIFY BEST PRACTICES FOR PROTECTING PATIENT DATA ;25
(f) I
DENTIFY SOLUTIONS FOR THE SECURE STORAGE OF DATA AND26
FOR PATIENT AND PROVIDER ACCESS TO THE DATA ;27
1217
-3- (g) DISCUSS THE ROLE OF THE CENTRALIZED DIGITAL CONSENT1
REPOSITORY IN CRISIS SITUATIONS AND HOW TO ENSURE EMERGENT2
INFORMATION IS COMMUNICATED IN A TIMELY MANNER BETWEEN A3
PATIENT, A PROVIDER OR FACILITY, AND OTHER AUTHORIZED PERSONS ;4
(h) ENGAGE WITH THE DEPARTMENT OF REGULATORY AGENCIES5
REGARDING IMPLEMENTATION OF THE RELEASE FORMS ; AND6
(i) MAKE RECOMMENDATIONS ON ANY OTHER TOPICS THE7
WORKING GROUP DEEMS RELEVANT .8
(3) T
HE WORKING GROUP MAY CONSULT WITH ADDITIONAL9
STAKEHOLDERS AND EXPERTS AS NEEDED TO INFORM THE WORKING10
GROUP'S DISCUSSIONS AND TO ANSWER QUESTIONS TO ASSIST THE11
WORKING GROUP IN FINALIZING ITS FINDINGS AND RECOMMENDATIONS .12
(4) T
HE WORKING GROUP MUST INCLUDE INDIVIDUALS WITH LEGAL13
EXPERTISE REGARDING 42 CFR 2, OR SUCCESSOR FEDERAL REGULATIONS ,14
AND HIPAA; A REPRESENTATIVE FROM THE BHA;
A REPRESENTATIVE OF15
A HEALTH INFORMATION ORGANIZATION NETWORK ; A REPRESENTATIVE OF16
A HOSPITAL; LICENSED BEHAVIORAL HEALTH PROVIDERS, INCLUDING17
BEHAVIORAL HEALTH SAFETY NET PROVIDERS ; SUBSTANCE USE18
PROVIDERS; REPRESENTATIVES OF CONSUMER ADVOCACY ORGANIZATIONS ;19
REPRESENTATIVES OF DISABILITY ADVOCACY ORGANIZATIONS ; AND ANY20
OTHER INDIVIDUALS THAT THE OFFICE OF E -HEALTH INNOVATION21
DETERMINES ARE NECESSARY .22
(5) B
EGINNING SEPTEMBER 1, 2024, THE WORKING GROUP SHALL23
MEET AT LEAST ONCE IN EACH QUARTER OF THE CALENDAR YEAR TO24
DEVELOP THE REPORT CREATED PURSUANT TO SUBSECTION (6) OF THIS25
SECTION.26
(6) (a) O
N OR BEFORE JANUARY 1, 2026, THE WORKING GROUP27
1217
-4- SHALL SUBMIT A REPORT INCLUDING RECOMMENDATIONS REGARDING THE1
FEASIBILITY OF CREATING A CENTRALIZED DIGITAL CONSENT REPOSITORY2
TO THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN SERVICES3
COMMITTEE, THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE , AND4
THE JOINT TECHNOLOGY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES.5
(b) T
HE OFFICE OF E-HEALTH INNOVATION SHALL MAKE THE6
REPORT AVAILABLE TO THE PUBLIC ON THE OFFICE 'S WEBSITE.7
(7) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.8
27-50-110. Friends and family input form - rules - definition.9
(1) (a) ON OR BEFORE JULY 1, 2025, THE BHA SHALL CREATE A FRIENDS10
AND FAMILY INPUT FORM TO ALLOW AN INDIVIDUAL TO PROVIDE A11
TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED FACILITY OR12
ORGANIZATION WITH INFORMATION RELATED TO A PATIENT RECEIVING13
MENTAL HEALTH OR SUBSTANCE USE SERVICES , INCLUDING:14
(I) INFORMATION ABOUT A PATIENT 'S:15
(A) DIAGNOSIS;16
(B) PAST HOSPITALIZATIONS;17
(C) DE-ESCALATION TECHNIQUES;18
(D) CURRENT AND PAST PROVIDERS AND THEIR CONTACT19
INFORMATION;20
(E) POTENTIAL TRIGGERS;21
(F) HOUSING STATUS;22
(G) FAMILY HISTORY, RELATIONSHIPS, OR SOCIAL CONTEXT;23
(H) CURRENT MEDICAL CONDITIONS ; AND24
(I) CURRENT AND PAST MEDICATIONS ; AND25
(II) ANY OTHER INFORMATION AS DETERMINED BY THE BHA26
BASED ON FEEDBACK RECEIVED FROM STAKEHOLDERS .27
1217
-5- (b) THE FRIENDS AND FAMILY INPUT FORM MUST INCLUDE A CLEAR1
STATEMENT THAT THE FRIENDS AND FAMILY INPUT FORM MAY BECOME2
PART OF THE PATIENT'S MEDICAL RECORD.3
(2) O
N OR BEFORE OCTOBER 1, 2024, THE BHA SHALL CONVENE4
ONE OR MORE MEETINGS TO OBTAIN INPUT AND RECOMMENDATIONS FROM5
STAKEHOLDERS, INCLUDING CONSUMER ADVOCATES ; BEHAVIORAL6
HEALTH PROVIDERS, INCLUDING BEHAVIORAL HEALTH SAFETY NET7
PROVIDERS; REPRESENTATIVES FROM THE DEPARTMENT OF PUBLIC HEALTH8
AND ENVIRONMENT AND THE DEPARTMENT OF CORRECTIONS ; INDIVIDUALS9
WITH EXPERTISE IN STATE AND FEDERAL PRIVACY LAW ; AND INDIVIDUALS10
WHO HAVE ACCESSED MENTAL HEALTH OR SUBSTANCE USE SERVICES ,11
CONCERNING THE BEST PRACTICES FOR CREATION AND USE OF THE FRIENDS12
AND FAMILY INPUT FORM DESCRIBED IN SUBSECTION (1) OF THIS SECTION.13
(3) (a) T
HE FRIENDS AND FAMILY INPUT FORM MAY BE ACCEPTED14
IN WRITING OR ELECTRONICALLY BY ANY HEALTH -CARE FACILITY OR15
PROVIDER LICENSED OR DESIGNATED BY THE BHA, ANY LICENSEE AS16
DEFINED IN SECTION 12-245-202 (8), ANY REGISTRANT AS DEFINED IN17
SECTION 12-245-202 (16), THE DEPARTMENT OF PUBLIC HEALTH AND18
ENVIRONMENT, THE DEPARTMENT OF CORRECTIONS , A COUNTY OR19
DISTRICT PUBLIC HEALTH AGENCY , THE DEPARTMENT OF HEALTH CARE20
POLICY AND FINANCING, OR ANY OTHER TREATMENT FACILITY FOR21
INDIVIDUALS WITH BEHAVIORAL OR MENTAL HEALTH DISORDERS .22
(b) C
OVERED ENTITIES MAY ACCEPT PARTIALLY COMPLETED23
SUBMISSIONS OF THE FRIENDS AND FAMILY INPUT FORM .24
(c) A
TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED25
FACILITY OR ORGANIZATION SHALL NOT DISTRIBUTE THE FRIENDS AND26
FAMILY INPUT FORM TO ANY OTHER
ENTITY IF A PATIENT EXPRESSLY27
1217
-6- PROHIBITS DISCLOSURE, EXCEPT IF A COURT OR OTHER LEGAL AUTHORITY1
HAS ORDERED THE DISCLOSURE .2
(d) N
OTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY OR3
ALTER ANY GENERALLY ACCEPTED ETHICS , STANDARDS, PROTOCOLS, OR4
LAWS GOVERNING TREATING PROFESSIONALS . A COVERED ENTITY,5
TREATING PROFESSIONAL, OR THE PROFESSIONAL'S DESIGNEE IS NOT6
SUBJECT TO ANY CIVIL, CRIMINAL, OR REGULATORY SANCTION FOR ACTING7
OR FAILING TO ACT IN RESPONSE TO THE INFORMATION CONTAINED IN THE8
FRIENDS AND FAMILY INPUT FORM OR FOR DECLINING TO ACCEPT A9
FRIENDS AND FAMILY INPUT FORM.10 (e) IF A PATIENT EXPLICITLY OBJECTS TO A COVERED ENTITY11
RECEIVING INFORMATION REGARDING THE PATIENT FROM A SPECIFIC12
INDIVIDUAL, THE COVERED ENTITY IS NOT REQUIRED TO ACCEPT13
INFORMATION FROM THE SPECIFIC INDIVIDUAL .14
(4) A FRIEND OR FAMILY MEMBER PROVIDING INFORMATION15
ABOUT AN INDIVIDUAL SHALL ENSURE THE INFORMATION IS ACCURATE TO16
THE BEST KNOWLEDGE OF THE FRIEND OR FAMILY MEMBER PROVIDING THE17
INFORMATION.18
19
(5) (a) A
N INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST IN THE20
WELL-BEING OF THE PATIENT MAY PROVIDE INFORMATION PURSUANT TO21
THIS SUBSECTION (5).22
(b) A
TREATING PROFESSIONAL OR A LICENSED OR DESI GNATED23
FACILITY OR ORGANIZATION MAY ACCEPT INPUT IN WRITING OR THROUGH24
E-MAIL FROM ANOTHER INDIVIDUAL .25
(c) A
TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED26
FACILITY OR ORGANIZATION MAY ACCEPT INPUT VERBALLY , INCLUDING27
1217
-7- THROUGH VOICEMAIL. IF A TREATING PROFESSIONAL OR A LICENSED OR1
DESIGNATED FACILITY OR ORGANIZATION ACCEPTS INPUT VERBALLY , THE2
TREATING PROFESSIONAL OR LICENSED OR DESIGNATED FACILITY OR3
ORGANIZATION SHALL ESTABLISH AND DOCUMENT THE PROCESS FOR4
ACCEPTING VERBAL INPUT.5
(d) T
HE PROVIDER SHALL ACKNOWLEDGE RECEIPT OF THE INPUT6
PROVIDED PURSUANT TO THIS SUBSECTION (5) BUT IS NOT REQUIRED TO7
DISCLOSE ADDITIONAL INFORMATION .8
(6) (a) I
F THE DISCLOSURES ARE PERMITTED BY HIPAA, A9
PROVIDER MAY SHARE A PATIENT'S INFORMATION WITH FAMILY, FRIENDS,10
OR ANY INDIVIDUAL WITH A CLOSE , PERSONAL INTEREST IN THE11
WELL-BEING OF THE PATIENT WITHOUT THE PATIENT 'S CONSENT IF THE12
PATIENT IS NOT PRESENT OR IS INCAPACITATED AND THE TREATING13
PROFESSIONAL OR THE PROFESSIONAL'S DESIGNEE DETERMINES, BASED ON14
PROFESSIONAL JUDGMENT , THAT IT IS IN THE BEST INTEREST OF THE15
PATIENT.16
(b) I
F A PROVIDER DISCLOSES INFORMATION ABOUT A PATIENT17
WITHOUT THE PATIENT'S CONSENT PURSUANT TO SUBSECTION (6)(a) OF18
THIS SECTION, THE PROVIDER SHALL DISCUSS ONLY THE INFORMATION19
THAT AN INDIVIDUAL INVOLVED NEEDS TO KNOW ABOUT A PATIENT 'S CARE20
OR PAYMENT.21
(c) A
PROVIDER OR FACILITY SHALL NOT INFORM A PATIENT 'S22
FAMILY, FRIENDS, OR ANY INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST23
IN THE WELL-BEING OF THE PATIENT ABOUT A PAST MEDICAL PROBLEM24
THAT IS UNRELATED TO THE PATIENT'S CURRENT CONDITION.25
(d) A
PROVIDER IS NOT REQUIRED BY HIPAA TO SHARE A26
PATIENT'S INFORMATION WHEN THE PATIENT IS NOT PRESENT OR IS27
1217
-8- INCAPACITATED. THE PROVIDER MAY WAIT UNTIL THE PATIENT HAS THE1
OPPORTUNITY TO AGREE TO THE DISCLOSURE .2
(7) T
HE BHA SHALL CREATE A RESOURCE PAGE FOR BOTH3
PROVIDERS AND FAMILIES ON ITS WEBSITE THAT INCLUDES THE FRIENDS4
AND FAMILY INPUT FORM AND INFORMATION FROM FEDERAL GUIDANCE5
DOCUMENTS AND SHALL NOTIFY INTERESTED STAKEHOLDERS OF THE6
AVAILABILITY OF THE FRIENDS AND FAMILY INPUT FORM AND RESOURCE7
PAGE.8 (8) THE BHA SHALL PROMULGATE RULES FOR BEHAVIORAL9
HEALTH SAFETY NET PROVIDERS RELATED TO MAINTAINING AND10
RELEASING PATIENT INFORMATION AND IMPLEMENTING THE FRIENDS AND11
FAMILY INPUT FORM. 12
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal13
year, $50,604 is appropriated to the department of human services. This14
appropriation is from the general fund. To implement this act, the15
department may use this appropriation as follows:16
(a) $18,599 for use by the behavioral health administration for17
behavioral health consent forms related to integrated behavioral health18
services, which amount is based on an assumption that the administration19
will require an additional 0.2 FTE; and20
(b) $32,005 for the purchase of legal services.21
(2) For the 2024-25 state fiscal year, $32,005 is appropriated to22
the department of law. This appropriation is from reappropriated funds23
received from the department of human services under subsection (1)(b)24
of this section and is based on an assumption that the department of law25
will require an additional 0.1 FTE. To implement this act, the department26
of law may use this appropriation to provide legal services for the27
1217
-9- department of human services.1
SECTION 4. Safety clause. The general assembly finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety or for appropriations for4
the support and maintenance of the departments of the state and state5
institutions.6
1217
-10-