Colorado 2024 Regular Session

Colorado House Bill HB1217 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0029.01 Josh Schultz x5486
1	8		HOUSE BILL 24-1217
2		-	BY REPRESENTATIVE(S) Amabile and Ricks, Bacon, Brown, Epps,
3		-	Garcia, Herod, Joseph, Parenti, Rutinel, Willford, Young, McCluskie;
4		-	also SENATOR(S) Mullica, Buckner, Cutter, Exum, Michaelson Jenet.
	9	+	House Committees Senate Committees
	10	+	Health & Human Services Health & Human Services
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
5	13		C
6		-	ONCERNING THE DISSEMINATION OF PATIENT HEALTH -CARE INFORMATION,
7		-	AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
8		-
9		-	Be it enacted by the General Assembly of the State of Colorado:
10		-	SECTION 1. In Colorado Revised Statutes, 27-50-101, add (11.5),
11		-	(13.7), and (14.5) as follows:
12		-	27-50-101. Definitions. As used in this article 50, unless the context
13		-	otherwise requires:
	14	+	ONCERNING THE DISSEMINAT ION OF PATIENT HEALTH -CARE101
	15	+	INFORMATION, AND, IN CONNECTION THEREWITH, MAKING AN102
	16	+	APPROPRIATION.103
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	The bill requires the behavioral health administration in the
	25	+	department of human services (BHA) to create a universal behavioral
	26	+	health consent form for disclosure of an individual's protected health
	27	+	information in compliance with the federal "Health Insurance Portability
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	May 6, 2024
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	May 4, 2024
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	April 25, 2024
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	April 24, 2024
	40	+	HOUSE SPONSORSHIP
	41	+	Amabile and Ricks, Bacon, Brown, Epps, Garcia, Herod, Joseph, McCluskie, Parenti,
	42	+	Rutinel, Willford, Young
	43	+	SENATE SPONSORSHIP
	44	+	Mullica, Buckner, Cutter, Exum, Michaelson Jenet
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. and Accountability Act of 1996".
	48	+	The office of e-health innovation in the governor's office is
	49	+	required to convene a working group to determine how to most
	50	+	effectively create a centralized digital consent repository that allows
	51	+	patients to provide, extend, deny, and revoke consent for sharing their
	52	+	medical data and information between physical and behavioral
	53	+	health-care providers, family members, community organizations, payers,
	54	+	and state agencies at any time.
	55	+	The BHA is required to create a friends and family input form
	56	+	(form) to allow an individual to provide a treating professional or a
	57	+	licensed or designated facility or organization with information related to
	58	+	a patient receiving mental health or substance use services. The bill
	59	+	prohibits an individual from knowingly and intentionally making a false
	60	+	statement on the form; performing this act constitutes an unclassified
	61	+	misdemeanor penalized by a fine of not more than $1,000.
	62	+	Be it enacted by the General Assembly of the State of Colorado:1
	63	+	SECTION 1. In Colorado Revised Statutes, 27-50-101, add2
	64	+	(11.5), (13.7),
	65	+	and (14.5) as follows:3
	66	+	27-50-101. Definitions. As used in this article 50, unless the4
	67	+	context otherwise requires:5
14	68		(11.5) "C
15		-	OVERED ENTITY" MEANS AN ENTITY SUBJECT TO HIPAA.
	69	+	OVERED ENTITY" MEANS AN ENTITY SUBJECT TO HIPAA.6
16	70		(13.7) "F
17		-	RIENDS AND FAMILY INPUT FORM" MEANS A FORM CREATED
18		-	PURSUANT TO SECTION
19		-	27-50-110 TO ALLOW FAMILY AND FRIENDS TO
20		-	PROVIDE HEALTH OR BACKGROUND INFORMATION ABOUT AN INDIVIDUAL
21		-	RECEIVING MENTAL HEALTH OR SUBSTANCE USE SERVICES
22		-	.
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (14.5) "HIPAA" MEANS THE FEDERAL "HEALTH INSURANCE
31		-	PORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C. SECS. 1320d
32		-	TO 1320d-9, AS AMENDED.
33		-	SECTION 2. In Colorado Revised Statutes, add 27-50-109 and
34		-	27-50-110 as follows:
35		-	27-50-109. Centralized digital consent repository working group
36		-	- duties - report - repeal. (1) T
37		-	HE OFFICE OF E-HEALTH INNOVATION IN THE
38		-	GOVERNOR
39		-	'S OFFICE SHALL CONVENE A WORKING GROUP TO EVALUATE THE
40		-	FEASIBILITY OF CREATING A CENTRALIZED DIGITAL CONSENT REPOSITORY
41		-	THAT
42		-	:
	71	+	RIENDS AND FAMILY INPUT FORM " MEANS A FORM7
	72	+	CREATED PURSUANT TO SECTION
	73	+	27-50-110 TO ALLOW FAMILY AND8
	74	+	FRIENDS TO PROVIDE HEALTH OR BACKGROUND INFORMATION ABOUT AN9
	75	+	INDIVIDUAL RECEIVING MENTAL HEALTH OR SUBSTANCE USE SERVICES .10
	76	+	(14.5) "HIPAA"
	77	+	MEANS THE FEDERAL "HEALTH INSURANCE11
	78	+	P
	79	+	ORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C. SECS.12
	80	+	1320d
	81	+	TO 1320d-9, AS AMENDED.13
	82	+	14
	83	+	SECTION 2. In Colorado Revised Statutes, add 27-50-109 and15
	84	+	27-50-110 as follows:16
	85	+	1217-2- 1
	86	+	27-50-109. Centralized digital consent repository working2
	87	+	group - duties - report - repeal. (1) T
	88	+	HE OFFICE OF E-HEALTH3
	89	+	INNOVATION IN THE GOVERNOR 'S OFFICE SHALL CONVENE A WORKING4
	90	+	GROUP TO EVALUATE THE FEASIBILITY OF CREATING A CENTRALIZED5
	91	+	DIGITAL CONSENT REPOSITORY THAT :6
43	92		(a) A
44		-	LLOWS PATIENTS TO PROVIDE, EXTEND, DENY, AND ~~REVOKE~~
45		-	CONSENT FOR SHARING THEIR MEDICAL DATA AND INFORMATION ~~BETWEEN~~
46		-	PHYSICAL AND BEHAVIORAL HEALTH
47		-	~~-CARE PROVIDERS~~, ~~FAMILY MEMBERS,~~
48		-	~~COMMUNITY ORGANIZATIONS , PAYERS, AND STATE AGENCIES AT ANY~~ TIME;
	93	+	LLOWS PATIENTS TO PROVIDE, EXTEND, DENY, AND REVOKE7
	94	+	CONSENT FOR SHARING THEIR MEDICAL DATA AND INFORMATION BETWEEN8
	95	+	PHYSICAL AND BEHAVIORAL HEALTH -CARE PROVIDERS, FAMILY MEMBERS,9
	96	+	COMMUNITY ORGANIZATIONS , PAYERS, AND STATE AGENCIES AT ANY10
	97	+	TIME;11
49	98		(b) E
50		-	NHANCES CARE COORDINATION AMONG PATIENTS , PROVIDERS,
51		-	AND FAMILY MEMBERS; ~~AND~~
52		-	(c) ~~ENSURES PATIENT DATA IS ACCURATELY RECORDED AND~~
53		-	~~SECURELY STORED~~
54		-	.
	99	+	NHANCES CARE COORDINATION AMONG PATIENTS , PROVIDERS,12
	100	+	AND FAMILY MEMBERS; AND13
	101	+	(c) E
	102	+	NSURES PATIENT DATA IS ACCURATELY RECORDED AND14
	103	+	SECURELY STORED.15
55	104		(2) T
56		-	HE WORKING GROUP SHALL:
	105	+	HE WORKING GROUP SHALL:16
57	106		(a) R
58		-	EVIEW THE STATE'S EXISTING EFFORTS TO DEVELOP A
59		-	CENTRALIZED DIGITAL CONSENT REPOSITORY
60		-	;
	107	+	EVIEW THE STATE'S EXISTING EFFORTS TO DEVELOP A17
	108	+	CENTRALIZED DIGITAL CONSENT REPOSITORY ;18
61	109		(b) D
62		-	ETERMINE THE PROCESS REQUIRED TO ESTABLISH A
63		-	CENTRALIZED DIGITAL CONSENT REPOSITORY
64		-	;
	110	+	ETERMINE THE PROCESS REQUIRED TO ESTABLISH A19
	111	+	CENTRALIZED DIGITAL CONSENT REPOSITORY ;20
65	112		(c) E
66		-	VALUATE THE POTENTIAL COST OF IMPLEMENTING A
67		-	CENTRALIZED DIGITAL CONSENT REPOSITORY
68		-	;
	113	+	VALUATE THE POTENTIAL COST OF IMPLEMENTING A21
	114	+	CENTRALIZED DIGITAL CONSENT REPOSITORY ;22
69	115		(d) I
70		-	DENTIFY THE INFRASTRUCTURE NEEDED TO ESTABLISH A
71		-	CENTRALIZED DIGITAL CONSENT REPOSITORY
72		-	;
	116	+	DENTIFY THE INFRASTRUCTURE NEEDED TO ESTABLISH A23
	117	+	CENTRALIZED DIGITAL CONSENT REPOSITORY ;24
73	118		(e) I
74		-	DENTIFY BEST PRACTICES FOR PROTECTING PATIENT DATA ;
75		-	PAGE 2-HOUSE BILL 24-1217 (f) IDENTIFY SOLUTIONS FOR THE SECURE STORAGE OF DATA AND FOR
76		-	PATIENT AND PROVIDER ACCESS TO THE DATA
77		-	;
78		-	(g) D
79		-	ISCUSS THE ROLE OF THE CENTRALIZED DIGITAL CONSENT
80		-	REPOSITORY IN CRISIS SITUATIONS AND HOW TO ENSURE EMERGENT
81		-	INFORMATION IS COMMUNICATED IN A TIMELY MANNER BETWEEN A PATIENT
82		-	,
83		-	A PROVIDER OR FACILITY, AND OTHER AUTHORIZED PERSONS ;
84		-	(h) E
85		-	NGAGE WITH THE DEPARTMENT OF REGULATORY AGENCIES
86		-	REGARDING IMPLEMENTATION OF THE RELEASE FORMS
87		-	; AND
88		-	(i) MAKE RECOMMENDATIONS ON ANY OTHER TOPICS THE WORKING
89		-	GROUP DEEMS RELEVANT
90		-	.
	119	+	DENTIFY BEST PRACTICES FOR PROTECTING PATIENT DATA ;25
	120	+	(f) I
	121	+	DENTIFY SOLUTIONS FOR THE SECURE STORAGE OF DATA AND26
	122	+	FOR PATIENT AND PROVIDER ACCESS TO THE DATA ;27
	123	+	1217
	124	+	-3- (g) DISCUSS THE ROLE OF THE CENTRALIZED DIGITAL CONSENT1
	125	+	REPOSITORY IN CRISIS SITUATIONS AND HOW TO ENSURE EMERGENT2
	126	+	INFORMATION IS COMMUNICATED IN A TIMELY MANNER BETWEEN A3
	127	+	PATIENT, A PROVIDER OR FACILITY, AND OTHER AUTHORIZED PERSONS ;4
	128	+	(h) ENGAGE WITH THE DEPARTMENT OF REGULATORY AGENCIES5
	129	+	REGARDING IMPLEMENTATION OF THE RELEASE FORMS ; AND6
	130	+	(i) MAKE RECOMMENDATIONS ON ANY OTHER TOPICS THE7
	131	+	WORKING GROUP DEEMS RELEVANT .8
91	132		(3) T
92		-	HE WORKING GROUP MAY CONSULT WITH ADDITIONAL
93		-	STAKEHOLDERS AND EXPERTS AS NEEDED TO INFORM THE WORKING GROUP
94		-	'S
95		-	DISCUSSIONS AND TO ANSWER QUESTIONS TO ASSIST THE WORKING GROUP
96		-	IN FINALIZING ITS FINDINGS AND RECOMMENDATIONS
97		-	.
	133	+	HE WORKING GROUP MAY CONSULT WITH ADDITIONAL9
	134	+	STAKEHOLDERS AND EXPERTS AS NEEDED TO INFORM THE WORKING10
	135	+	GROUP'S DISCUSSIONS AND TO ANSWER QUESTIONS TO ASSIST THE11
	136	+	WORKING GROUP IN FINALIZING ITS FINDINGS AND RECOMMENDATIONS .12
98	137		(4) T
99		-	HE WORKING GROUP MUST INCLUDE INDIVIDUALS WITH LEGAL
100		-	EXPERTISE REGARDING
101		-	42 CFR 2, OR SUCCESSOR FEDERAL REGULATIONS ,
102		-	AND HIPAA; A REPRESENTATIVE FROM THE BHA; A REPRESENTATIVE OF A
103		-	HEALTH INFORMATION ORGANIZATION NETWORK
104		-	; A REPRESENTATIVE OF A
105		-	HOSPITAL
106		-	; LICENSED BEHAVIORAL HEALTH PROVIDERS , INCLUDING
107		-	BEHAVIORAL HEALTH SAFETY NET PROVIDERS
108		-	; SUBSTANCE USE PROVIDERS;
109		-	REPRESENTATIVES OF CONSUMER ADVOCACY ORGANIZATIONS ;
110		-	REPRESENTATIVES OF DISABILITY ADVOCACY ORGANIZATIONS ; AND ANY
111		-	OTHER INDIVIDUALS THAT THE OFFICE OF E
112		-	-HEALTH INNOVATION
113		-	DETERMINES ARE NECESSARY
114		-	.
	138	+	HE WORKING GROUP MUST INCLUDE INDIVIDUALS WITH LEGAL13
	139	+	EXPERTISE REGARDING 42 CFR 2, OR SUCCESSOR FEDERAL REGULATIONS ,14
	140	+	AND HIPAA; A REPRESENTATIVE FROM THE BHA;
	141	+	A REPRESENTATIVE OF15
	142	+	A HEALTH INFORMATION ORGANIZATION NETWORK ; A REPRESENTATIVE OF16
	143	+	A HOSPITAL; LICENSED BEHAVIORAL HEALTH PROVIDERS, INCLUDING17
	144	+	BEHAVIORAL HEALTH SAFETY NET PROVIDERS ; SUBSTANCE USE18
	145	+	PROVIDERS; REPRESENTATIVES OF CONSUMER ADVOCACY ORGANIZATIONS ;19
	146	+	REPRESENTATIVES OF DISABILITY ADVOCACY ORGANIZATIONS ; AND ANY20
	147	+	OTHER INDIVIDUALS THAT THE OFFICE OF E -HEALTH INNOVATION21
	148	+	DETERMINES ARE NECESSARY .22
115	149		(5) B
116		-	EGINNING SEPTEMBER 1, 2024, THE WORKING GROUP SHALL
117		-	MEET AT LEAST ONCE IN EACH QUARTER OF THE CALENDAR YEAR TO
118		-	DEVELOP THE REPORT CREATED PURSUANT TO SUBSECTION
119		-	(6) OF THIS
120		-	SECTION
121		-	.
	150	+	EGINNING SEPTEMBER 1, 2024, THE WORKING GROUP SHALL23
	151	+	MEET AT LEAST ONCE IN EACH QUARTER OF THE CALENDAR YEAR TO24
	152	+	DEVELOP THE REPORT CREATED PURSUANT TO SUBSECTION (6) OF THIS25
	153	+	SECTION.26
122	154		(6) (a) O
123		-	N OR BEFORE JANUARY 1, 2026, THE WORKING ~~GROUP SHALL~~
124		-	~~SUBMIT A REPORT INCLUDING RECOMMENDATIONS REGARDING THE~~
125		-	~~FEASIBILITY OF CREATING~~ A ~~CENTRALIZED DIGITAL CONSENT REPOSITORY TO~~
126		-	~~THE HOUSE~~ OF ~~REPRESENTATIVES HEALTH AND HUMAN SERVICES~~
127		-	~~COMMITTEE~~
128		-	, THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE , ~~AND~~
129		-	~~PAGE 3-HOUSE BILL 24-1217~~ THE JOINT TECHNOLOGY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES .
	155	+	N OR BEFORE JANUARY 1, 2026, THE WORKING GROUP27
	156	+	1217
	157	+	-4- SHALL SUBMIT A REPORT INCLUDING RECOMMENDATIONS REGARDING THE1
	158	+	FEASIBILITY OF CREATING A CENTRALIZED DIGITAL CONSENT REPOSITORY2
	159	+	TO THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN SERVICES3
	160	+	COMMITTEE, THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE , AND4
	161	+	THE JOINT TECHNOLOGY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES.5
130	162		(b) T
131		-	HE OFFICE OF E-HEALTH INNOVATION SHALL MAKE THE REPORT
132		-	AVAILABLE TO THE PUBLIC ON THE OFFICE
133		-	'S WEBSITE.
	163	+	HE OFFICE OF E-HEALTH INNOVATION SHALL MAKE THE6
	164	+	REPORT AVAILABLE TO THE PUBLIC ON THE OFFICE 'S WEBSITE.7
134	165		(7) T
135		-	HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.
136		-	27-50-110. Friends and family input form - rules - definition.
137		-	(1) (a) O
138		-	N OR BEFORE JULY 1, 2025, THE BHA SHALL CREATE A FRIENDS
139		-	AND FAMILY INPUT FORM TO ALLOW AN INDIVIDUAL TO PROVIDE A TREATING
140		-	PROFESSIONAL OR A LICENSED OR DESIGNATED FACILITY OR ORGANIZATION
141		-	WITH INFORMATION RELATED TO A PATIENT RECEIVING MENTAL HEALTH OR
142		-	SUBSTANCE USE SERVICES
143		-	, INCLUDING:
144		-	(I) I
145		-	NFORMATION ABOUT A PATIENT 'S:
146		-	(A) D
147		-	IAGNOSIS;
148		-	(B) P
149		-	AST HOSPITALIZATIONS;
150		-	(C) D
151		-	E-ESCALATION TECHNIQUES;
152		-	(D) C
153		-	URRENT AND PAST PROVIDERS AND THEIR CONTACT
154		-	INFORMATION
155		-	;
156		-	(E) P
157		-	OTENTIAL TRIGGERS;
158		-	(F) H
159		-	OUSING STATUS;
160		-	(G) F
161		-	AMILY HISTORY, RELATIONSHIPS, OR SOCIAL CONTEXT;
162		-	(H) C
163		-	URRENT MEDICAL CONDITIONS ; AND
164		-	(I) CURRENT AND PAST MEDICATIONS ; AND
165		-	(II) ANY OTHER INFORMATION AS DETERMINED BY THE BHA BASED
166		-	ON FEEDBACK RECEIVED FROM STAKEHOLDERS
167		-	.
168		-	(b) T
169		-	HE FRIENDS AND FAMILY INPUT FORM MUST INCLUDE A CLEAR
170		-	STATEMENT THAT THE FRIENDS AND FAMILY INPUT FORM MAY BECOME PART
171		-	PAGE 4-HOUSE BILL 24-1217 OF THE PATIENT'S MEDICAL RECORD.
	166	+	HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.8
	167	+	27-50-110. Friends and family input form - rules - definition.9
	168	+	(1) (a) ON OR BEFORE JULY 1, 2025, THE BHA SHALL CREATE A FRIENDS10
	169	+	AND FAMILY INPUT FORM TO ALLOW AN INDIVIDUAL TO PROVIDE A11
	170	+	TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED FACILITY OR12
	171	+	ORGANIZATION WITH INFORMATION RELATED TO A PATIENT RECEIVING13
	172	+	MENTAL HEALTH OR SUBSTANCE USE SERVICES , INCLUDING:14
	173	+	(I) INFORMATION ABOUT A PATIENT 'S:15
	174	+	(A) DIAGNOSIS;16
	175	+	(B) PAST HOSPITALIZATIONS;17
	176	+	(C) DE-ESCALATION TECHNIQUES;18
	177	+	(D) CURRENT AND PAST PROVIDERS AND THEIR CONTACT19
	178	+	INFORMATION;20
	179	+	(E) POTENTIAL TRIGGERS;21
	180	+	(F) HOUSING STATUS;22
	181	+	(G) FAMILY HISTORY, RELATIONSHIPS, OR SOCIAL CONTEXT;23
	182	+	(H) CURRENT MEDICAL CONDITIONS ; AND24
	183	+	(I) CURRENT AND PAST MEDICATIONS ; AND25
	184	+	(II) ANY OTHER INFORMATION AS DETERMINED BY THE BHA26
	185	+	BASED ON FEEDBACK RECEIVED FROM STAKEHOLDERS .27
	186	+	1217
	187	+	-5- (b) THE FRIENDS AND FAMILY INPUT FORM MUST INCLUDE A CLEAR1
	188	+	STATEMENT THAT THE FRIENDS AND FAMILY INPUT FORM MAY BECOME2
	189	+	PART OF THE PATIENT'S MEDICAL RECORD.3
172	190		(2) O
173		-	N OR BEFORE OCTOBER 1, 2024, THE BHA SHALL CONVENE ONE
174		-	OR MORE MEETINGS TO OBTAIN INPUT AND RECOMMENDATIONS FROM
175		-	STAKEHOLDERS
176		-	, INCLUDING CONSUMER ADVOCATES ; BEHAVIORAL HEALTH
177		-	PROVIDERS
178		-	, INCLUDING BEHAVIORAL HEALTH SAFETY NET PROVIDERS ;
179		-	REPRESENTATIVES FROM THE DEPARTMENT OF PUBLIC HEALTH AND
180		-	ENVIRONMENT AND THE DEPARTMENT OF CORRECTIONS
181		-	; INDIVIDUALS WITH
182		-	EXPERTISE IN STATE AND FEDERAL PRIVACY LAW
183		-	; AND INDIVIDUALS WHO
184		-	HAVE ACCESSED MENTAL HEALTH OR SUBSTANCE USE SERVICES
185		-	,
186		-	CONCERNING THE BEST PRACTICES FOR CREATION AND USE OF THE FRIENDS
187		-	AND FAMILY INPUT FORM DESCRIBED IN SUBSECTION
188		-	(1) OF THIS SECTION.
	191	+	N OR BEFORE OCTOBER 1, 2024, THE BHA SHALL CONVENE4
	192	+	ONE OR MORE MEETINGS TO OBTAIN INPUT AND RECOMMENDATIONS FROM5
	193	+	STAKEHOLDERS, INCLUDING CONSUMER ADVOCATES ; BEHAVIORAL6
	194	+	HEALTH PROVIDERS, INCLUDING BEHAVIORAL HEALTH SAFETY NET7
	195	+	PROVIDERS; REPRESENTATIVES FROM THE DEPARTMENT OF PUBLIC HEALTH8
	196	+	AND ENVIRONMENT AND THE DEPARTMENT OF CORRECTIONS ; INDIVIDUALS9
	197	+	WITH EXPERTISE IN STATE AND FEDERAL PRIVACY LAW ; AND INDIVIDUALS10
	198	+	WHO HAVE ACCESSED MENTAL HEALTH OR SUBSTANCE USE SERVICES ,11
	199	+	CONCERNING THE BEST PRACTICES FOR CREATION AND USE OF THE FRIENDS12
	200	+	AND FAMILY INPUT FORM DESCRIBED IN SUBSECTION (1) OF THIS SECTION.13
189	201		(3) (a) T
190		-	HE FRIENDS AND FAMILY INPUT FORM MAY BE ACCEPTED IN
191		-	WRITING OR ELECTRONICALLY BY ANY HEALTH
192		-	-CARE FACILITY OR PROVIDER
193		-	LICENSED OR DESIGNATED BY THE
194		-	BHA, ANY LICENSEE AS DEFINED IN
195		-	SECTION
196		-	12-245-202 (8), ANY REGISTRANT AS DEFINED IN SECTION
197		-	12-245-202 (16), THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ,
198		-	THE DEPARTMENT OF CORRECTIONS , A COUNTY OR DISTRICT PUBLIC HEALTH
199		-	AGENCY
200		-	, THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING , OR
201		-	ANY OTHER TREATMENT FACILITY FOR INDIVIDUALS WITH BEHAVIORAL OR
202		-	MENTAL HEALTH DISORDERS
203		-	.
	202	+	HE FRIENDS AND FAMILY INPUT FORM MAY BE ACCEPTED14
	203	+	IN WRITING OR ELECTRONICALLY BY ANY HEALTH -CARE FACILITY OR15
	204	+	PROVIDER LICENSED OR DESIGNATED BY THE BHA, ANY LICENSEE AS16
	205	+	DEFINED IN SECTION 12-245-202 (8), ANY REGISTRANT AS DEFINED IN17
	206	+	SECTION 12-245-202 (16), THE DEPARTMENT OF PUBLIC HEALTH AND18
	207	+	ENVIRONMENT, THE DEPARTMENT OF CORRECTIONS , A COUNTY OR19
	208	+	DISTRICT PUBLIC HEALTH AGENCY , THE DEPARTMENT OF HEALTH CARE20
	209	+	POLICY AND FINANCING, OR ANY OTHER TREATMENT FACILITY FOR21
	210	+	INDIVIDUALS WITH BEHAVIORAL OR MENTAL HEALTH DISORDERS .22
204	211		(b) C
205		-	OVERED ENTITIES MAY ACCEPT PARTIALLY COMPLETED
206		-	SUBMISSIONS OF THE FRIENDS AND FAMILY INPUT FORM
207		-	.
	212	+	OVERED ENTITIES MAY ACCEPT PARTIALLY COMPLETED23
	213	+	SUBMISSIONS OF THE FRIENDS AND FAMILY INPUT FORM .24
208	214		(c) A
209		-	TREATING PROFESSIONAL OR A LICENSED OR ~~DESIGNATED~~
210		-	FACILITY OR ORGANIZATION SHALL NOT DISTRIBUTE THE FRIENDS ~~AND~~
211		-	FAMILY INPUT FORM TO ANY OTHER ~~ENTITY IF A PATIENT EXPRESSLY~~
212		-	~~PROHIBITS DISCLOSURE~~
213		-	~~, EXCEPT IF A COURT OR OTHER LEGAL AUTHORITY~~
214		-	~~HAS ORDERED THE~~ DISCLOSURE
215		-	.
	215	+	TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED25
	216	+	FACILITY OR ORGANIZATION SHALL NOT DISTRIBUTE THE FRIENDS AND26
	217	+	FAMILY INPUT FORM TO ANY OTHER
	218	+	ENTITY IF A PATIENT EXPRESSLY27
	219	+	1217
	220	+	-6- PROHIBITS DISCLOSURE, EXCEPT IF A COURT OR OTHER LEGAL AUTHORITY1
	221	+	HAS ORDERED THE DISCLOSURE .2
216	222		(d) N
217		-	OTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY OR
218		-	ALTER ANY GENERALLY ACCEPTED ETHICS
219		-	, STANDARDS, PROTOCOLS, OR
220		-	LAWS GOVERNING TREATING PROFESSIONALS
221		-	. A COVERED ENTITY, TREATING
222		-	PROFESSIONAL
223		-	, OR THE PROFESSIONAL'S DESIGNEE IS NOT SUBJECT TO ANY
224		-	CIVIL
225		-	, CRIMINAL, OR REGULATORY SANCTION FOR ACTING OR FAILING TO ACT
226		-	IN RESPONSE TO THE INFORMATION CONTAINED IN THE FRIENDS AND FAMILY
227		-	INPUT FORM OR FOR DECLINING TO ACCEPT A FRIENDS AND FAMILY INPUT
228		-	FORM
229		-	.
230		-	PAGE 5-HOUSE BILL 24-1217 (e) IF A PATIENT EXPLICITLY OBJECTS TO A COVERED ENTITY
231		-	RECEIVING INFORMATION REGARDING THE PATIENT FROM A SPECIFIC
232		-	INDIVIDUAL
233		-	, THE COVERED ENTITY IS NOT REQUIRED TO ACCEPT
234		-	INFORMATION FROM THE SPECIFIC INDIVIDUAL
235		-	.
236		-	(4) A
237		-	FRIEND OR FAMILY MEMBER PROVIDING INFORMATION ABOUT
238		-	AN INDIVIDUAL SHALL ENSURE THE INFORMATION IS ACCURATE TO THE BEST
239		-	KNOWLEDGE OF THE FRIEND OR FAMILY MEMBER PROVIDING THE
240		-	INFORMATION
241		-	.
	223	+	OTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY OR3
	224	+	ALTER ANY GENERALLY ACCEPTED ETHICS , STANDARDS, PROTOCOLS, OR4
	225	+	LAWS GOVERNING TREATING PROFESSIONALS . A COVERED ENTITY,5
	226	+	TREATING PROFESSIONAL, OR THE PROFESSIONAL'S DESIGNEE IS NOT6
	227	+	SUBJECT TO ANY CIVIL, CRIMINAL, OR REGULATORY SANCTION FOR ACTING7
	228	+	OR FAILING TO ACT IN RESPONSE TO THE INFORMATION CONTAINED IN THE8
	229	+	FRIENDS AND FAMILY INPUT FORM OR FOR DECLINING TO ACCEPT A9
	230	+	FRIENDS AND FAMILY INPUT FORM.10 (e) IF A PATIENT EXPLICITLY OBJECTS TO A COVERED ENTITY11
	231	+	RECEIVING INFORMATION REGARDING THE PATIENT FROM A SPECIFIC12
	232	+	INDIVIDUAL, THE COVERED ENTITY IS NOT REQUIRED TO ACCEPT13
	233	+	INFORMATION FROM THE SPECIFIC INDIVIDUAL .14
	234	+	(4) A FRIEND OR FAMILY MEMBER PROVIDING INFORMATION15
	235	+	ABOUT AN INDIVIDUAL SHALL ENSURE THE INFORMATION IS ACCURATE TO16
	236	+	THE BEST KNOWLEDGE OF THE FRIEND OR FAMILY MEMBER PROVIDING THE17
	237	+	INFORMATION.18
	238	+	19
242	239		(5) (a) A
243		-	N INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST IN THE
244		-	WELL
245		-	-BEING OF THE PATIENT MAY PROVIDE INFORMATION PURSUANT TO THIS
246		-	SUBSECTION
247		-	(5).
	240	+	N INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST IN THE20
	241	+	WELL-BEING OF THE PATIENT MAY PROVIDE INFORMATION PURSUANT TO21
	242	+	THIS SUBSECTION (5).22
248	243		(b) A
249		-	TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED
250		-	FACILITY OR ORGANIZATION MAY ACCEPT INPUT IN WRITING OR THROUGH
251		-	E
252		-	-MAIL FROM ANOTHER INDIVIDUAL .
	244	+	TREATING PROFESSIONAL OR A LICENSED OR DESI GNATED23
	245	+	FACILITY OR ORGANIZATION MAY ACCEPT INPUT IN WRITING OR THROUGH24
	246	+	E-MAIL FROM ANOTHER INDIVIDUAL .25
253	247		(c) A
254		-	TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED
255		-	FACILITY OR ORGANIZATION MAY ACCEPT INPUT VERBALLY
256		-	, INCLUDING
257		-	THROUGH VOICEMAIL
258		-	. IF A TREATING PROFESSIONAL OR A LICENSED OR
259		-	DESIGNATED FACILITY OR ORGANIZATION ACCEPTS INPUT VERBALLY
260		-	, THE
261		-	TREATING PROFESSIONAL OR LICENSED OR DESIGNATED FACILITY OR
262		-	ORGANIZATION SHALL ESTABLISH AND DOCUMENT THE PROCESS FOR
263		-	ACCEPTING VERBAL INPUT
264		-	.
	248	+	TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED26
	249	+	FACILITY OR ORGANIZATION MAY ACCEPT INPUT VERBALLY , INCLUDING27
	250	+	1217
	251	+	-7- THROUGH VOICEMAIL. IF A TREATING PROFESSIONAL OR A LICENSED OR1
	252	+	DESIGNATED FACILITY OR ORGANIZATION ACCEPTS INPUT VERBALLY , THE2
	253	+	TREATING PROFESSIONAL OR LICENSED OR DESIGNATED FACILITY OR3
	254	+	ORGANIZATION SHALL ESTABLISH AND DOCUMENT THE PROCESS FOR4
	255	+	ACCEPTING VERBAL INPUT.5
265	256		(d) T
266		-	HE PROVIDER SHALL ACKNOWLEDGE RECEIPT OF THE INPUT
267		-	PROVIDED PURSUANT TO THIS SUBSECTION
268		-	(5) BUT IS NOT REQUIRED TO
269		-	DISCLOSE ADDITIONAL INFORMATION
270		-	.
	257	+	HE PROVIDER SHALL ACKNOWLEDGE RECEIPT OF THE INPUT6
	258	+	PROVIDED PURSUANT TO THIS SUBSECTION (5) BUT IS NOT REQUIRED TO7
	259	+	DISCLOSE ADDITIONAL INFORMATION .8
271	260		(6) (a) I
272		-	F THE DISCLOSURES ARE PERMITTED BY HIPAA, A PROVIDER
273		-	MAY SHARE A PATIENT
274		-	'S INFORMATION WITH FAMILY , FRIENDS, OR ANY
275		-	INDIVIDUAL WITH A CLOSE
276		-	, PERSONAL INTEREST IN THE WELL-BEING OF THE
277		-	PATIENT WITHOUT THE PATIENT
278		-	'S CONSENT IF THE PATIENT IS NOT PRESENT
279		-	OR IS INCAPACITATED AND THE TREATING PROFESSIONAL OR THE
280		-	PROFESSIONAL
281		-	'S DESIGNEE DETERMINES , BASED ON PROFESSIONAL
282		-	JUDGMENT
283		-	, THAT IT IS IN THE BEST INTEREST OF THE PATIENT.
	261	+	F THE DISCLOSURES ARE PERMITTED BY HIPAA, A9
	262	+	PROVIDER MAY SHARE A PATIENT'S INFORMATION WITH FAMILY, FRIENDS,10
	263	+	OR ANY INDIVIDUAL WITH A CLOSE , PERSONAL INTEREST IN THE11
	264	+	WELL-BEING OF THE PATIENT WITHOUT THE PATIENT 'S CONSENT IF THE12
	265	+	PATIENT IS NOT PRESENT OR IS INCAPACITATED AND THE TREATING13
	266	+	PROFESSIONAL OR THE PROFESSIONAL'S DESIGNEE DETERMINES, BASED ON14
	267	+	PROFESSIONAL JUDGMENT , THAT IT IS IN THE BEST INTEREST OF THE15
	268	+	PATIENT.16
284	269		(b) I
285		-	F A PROVIDER DISCLOSES INFORMATION ABOUT A PATIENT
286		-	WITHOUT THE PATIENT
287		-	'S CONSENT PURSUANT TO SUBSECTION (6)(a) OF THIS
288		-	PAGE 6-HOUSE BILL 24-1217 SECTION, THE PROVIDER SHALL DISCUSS ONLY THE INFORMATION THAT AN
289		-	INDIVIDUAL INVOLVED NEEDS TO KNOW ABOUT A PATIENT
290		-	'S CARE OR
291		-	PAYMENT
292		-	.
	270	+	F A PROVIDER DISCLOSES INFORMATION ABOUT A PATIENT17
	271	+	WITHOUT THE PATIENT'S CONSENT PURSUANT TO SUBSECTION (6)(a) OF18
	272	+	THIS SECTION, THE PROVIDER SHALL DISCUSS ONLY THE INFORMATION19
	273	+	THAT AN INDIVIDUAL INVOLVED NEEDS TO KNOW ABOUT A PATIENT 'S CARE20
	274	+	OR PAYMENT.21
293	275		(c) A
294		-	PROVIDER OR FACILITY SHALL NOT INFORM A PATIENT 'S
295		-	FAMILY
296		-	, FRIENDS, OR ANY INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST
297		-	IN THE WELL
298		-	-BEING OF THE PATIENT ABOUT A PAST MEDICAL PROBLEM THAT
299		-	IS UNRELATED TO THE PATIENT
300		-	'S CURRENT CONDITION.
	276	+	PROVIDER OR FACILITY SHALL NOT INFORM A PATIENT 'S22
	277	+	FAMILY, FRIENDS, OR ANY INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST23
	278	+	IN THE WELL-BEING OF THE PATIENT ABOUT A PAST MEDICAL PROBLEM24
	279	+	THAT IS UNRELATED TO THE PATIENT'S CURRENT CONDITION.25
301	280		(d) A
302		-	PROVIDER IS NOT REQUIRED BY HIPAA TO SHARE A PATIENT'S
303		-	INFORMATION WHEN THE PATIENT IS NOT PRESENT OR IS INCAPACITATED
304		-	.
305		-	T
306		-	HE PROVIDER MAY WAIT UNTIL THE PATIENT HAS THE OPPORTUNITY TO
307		-	AGREE TO THE DISCLOSURE
308		-	.
	281	+	PROVIDER IS NOT REQUIRED BY HIPAA TO SHARE A26
	282	+	PATIENT'S INFORMATION WHEN THE PATIENT IS NOT PRESENT OR IS27
	283	+	1217
	284	+	-8- INCAPACITATED. THE PROVIDER MAY WAIT UNTIL THE PATIENT HAS THE1
	285	+	OPPORTUNITY TO AGREE TO THE DISCLOSURE .2
309	286		(7) T
310		-	HE BHA SHALL CREATE A RESOURCE PAGE FOR BOTH
311		-	PROVIDERS AND FAMILIES ON ITS WEBSITE THAT INCLUDES THE FRIENDS AND
312		-	FAMILY INPUT FORM AND INFORMATION FROM FEDERAL GUIDANCE
313		-	DOCUMENTS AND SHALL NOTIFY INTERESTED STAKEHOLDERS OF THE
314		-	AVAILABILITY OF THE FRIENDS AND FAMILY INPUT FORM AND RESOURCE
315		-	PAGE
316		-	.
317		-	(8) T
318		-	HE BHA SHALL PROMULGATE RULES FOR BEHAVIORAL HEALTH
319		-	SAFETY NET PROVIDERS RELATED TO MAINTAINING AND RELEASING PATIENT
320		-	INFORMATION AND IMPLEMENTING THE FRIENDS AND FAMILY INPUT FORM
321		-	.
322		-	SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
323		-	$50,604 is appropriated to the department of human services. This
324		-	appropriation is from the general fund. To implement this act, the
325		-	department may use this appropriation as follows:
326		-	(a) $18,599 for use by the behavioral health administration for
327		-	behavioral health consent forms related to integrated behavioral health
328		-	services, which amount is based on an assumption that the administration
329		-	will require an additional 0.2 FTE; and
330		-	(b) $32,005 for the purchase of legal services.
331		-	(2) For the 2024-25 state fiscal year, $32,005 is appropriated to the
332		-	department of law. This appropriation is from reappropriated funds received
333		-	from the department of human services under subsection (1)(b) of this
334		-	PAGE 7-HOUSE BILL 24-1217 section and is based on an assumption that the department of law will
335		-	require an additional 0.1 FTE. To implement this act, the department of law
336		-	may use this appropriation to provide legal services for the department of
337		-	human services.
338		-	SECTION 4. Safety clause. The general assembly finds,
339		-	determines, and declares that this act is necessary for the immediate
340		-	preservation of the public peace, health, or safety or for appropriations for
341		-	PAGE 8-HOUSE BILL 24-1217 the support and maintenance of the departments of the state and state
342		-	institutions.
343		-	____________________________ ____________________________
344		-	Julie McCluskie Steve Fenberg
345		-	SPEAKER OF THE HOUSE PRESIDENT OF
346		-	OF REPRESENTATIVES THE SENATE
347		-	____________________________ ____________________________
348		-	Robin Jones Cindi L. Markwell
349		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
350		-	OF REPRESENTATIVES THE SENATE
351		-	APPROVED________________________________________
352		-	(Date and Time)
353		-	_________________________________________
354		-	Jared S. Polis
355		-	GOVERNOR OF THE STATE OF COLORADO
356		-	PAGE 9-HOUSE BILL 24-1217
	287	+	HE BHA SHALL CREATE A RESOURCE PAGE FOR BOTH3
	288	+	PROVIDERS AND FAMILIES ON ITS WEBSITE THAT INCLUDES THE FRIENDS4
	289	+	AND FAMILY INPUT FORM AND INFORMATION FROM FEDERAL GUIDANCE5
	290	+	DOCUMENTS AND SHALL NOTIFY INTERESTED STAKEHOLDERS OF THE6
	291	+	AVAILABILITY OF THE FRIENDS AND FAMILY INPUT FORM AND RESOURCE7
	292	+	PAGE.8 (8) THE BHA SHALL PROMULGATE RULES FOR BEHAVIORAL9
	293	+	HEALTH SAFETY NET PROVIDERS RELATED TO MAINTAINING AND10
	294	+	RELEASING PATIENT INFORMATION AND IMPLEMENTING THE FRIENDS AND11
	295	+	FAMILY INPUT FORM. 12
	296	+	SECTION 3. Appropriation. (1) For the 2024-25 state fiscal13
	297	+	year, $50,604 is appropriated to the department of human services. This14
	298	+	appropriation is from the general fund. To implement this act, the15
	299	+	department may use this appropriation as follows:16
	300	+	(a) $18,599 for use by the behavioral health administration for17
	301	+	behavioral health consent forms related to integrated behavioral health18
	302	+	services, which amount is based on an assumption that the administration19
	303	+	will require an additional 0.2 FTE; and20
	304	+	(b) $32,005 for the purchase of legal services.21
	305	+	(2) For the 2024-25 state fiscal year, $32,005 is appropriated to22
	306	+	the department of law. This appropriation is from reappropriated funds23
	307	+	received from the department of human services under subsection (1)(b)24
	308	+	of this section and is based on an assumption that the department of law25
	309	+	will require an additional 0.1 FTE. To implement this act, the department26
	310	+	of law may use this appropriation to provide legal services for the27
	311	+	1217
	312	+	-9- department of human services.1
	313	+	SECTION 4. Safety clause. The general assembly finds,2
	314	+	determines, and declares that this act is necessary for the immediate3
	315	+	preservation of the public peace, health, or safety or for appropriations for4
	316	+	the support and maintenance of the departments of the state and state5
	317	+	institutions.6
	318	+	1217
	319	+	-10-