HOUSE BILL 24-1217
BY REPRESENTATIVE(S) Amabile and Ricks, Bacon, Brown, Epps,
Garcia, Herod, Joseph, Parenti, Rutinel, Willford, Young, McCluskie;
also SENATOR(S) Mullica, Buckner, Cutter, Exum, Michaelson Jenet.
C
ONCERNING THE DISSEMINATION OF PATIENT HEALTH -CARE INFORMATION,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 27-50-101, add (11.5),
(13.7), and (14.5) as follows:
27-50-101. Definitions. As used in this article 50, unless the context
otherwise requires:
(11.5) "C
OVERED ENTITY" MEANS AN ENTITY SUBJECT TO HIPAA.
(13.7) "F
RIENDS AND FAMILY INPUT FORM" MEANS A FORM CREATED
PURSUANT TO SECTION
27-50-110 TO ALLOW FAMILY AND FRIENDS TO
PROVIDE HEALTH OR BACKGROUND INFORMATION ABOUT AN INDIVIDUAL
RECEIVING MENTAL HEALTH OR SUBSTANCE USE SERVICES
.
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. (14.5) "HIPAA" MEANS THE FEDERAL "HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C. SECS. 1320d
TO 1320d-9, AS AMENDED.
SECTION 2. In Colorado Revised Statutes, add 27-50-109 and
27-50-110 as follows:
27-50-109. Centralized digital consent repository working group
- duties - report - repeal. (1) T
HE OFFICE OF E-HEALTH INNOVATION IN THE
GOVERNOR
'S OFFICE SHALL CONVENE A WORKING GROUP TO EVALUATE THE
FEASIBILITY OF CREATING A CENTRALIZED DIGITAL CONSENT REPOSITORY
THAT
:
(a) A
LLOWS 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;
(b) E
NHANCES CARE COORDINATION AMONG PATIENTS , PROVIDERS,
AND FAMILY MEMBERS; AND
(c) ENSURES PATIENT DATA IS ACCURATELY RECORDED AND
SECURELY STORED
.
(2) T
HE WORKING GROUP SHALL:
(a) R
EVIEW THE STATE'S EXISTING EFFORTS TO DEVELOP A
CENTRALIZED DIGITAL CONSENT REPOSITORY
;
(b) D
ETERMINE THE PROCESS REQUIRED TO ESTABLISH A
CENTRALIZED DIGITAL CONSENT REPOSITORY
;
(c) E
VALUATE THE POTENTIAL COST OF IMPLEMENTING A
CENTRALIZED DIGITAL CONSENT REPOSITORY
;
(d) I
DENTIFY THE INFRASTRUCTURE NEEDED TO ESTABLISH A
CENTRALIZED DIGITAL CONSENT REPOSITORY
;
(e) I
DENTIFY BEST PRACTICES FOR PROTECTING PATIENT DATA ;
PAGE 2-HOUSE BILL 24-1217 (f) IDENTIFY SOLUTIONS FOR THE SECURE STORAGE OF DATA AND FOR
PATIENT AND PROVIDER ACCESS TO THE DATA
;
(g) D
ISCUSS THE ROLE OF THE CENTRALIZED DIGITAL CONSENT
REPOSITORY IN CRISIS SITUATIONS AND HOW TO ENSURE EMERGENT
INFORMATION IS COMMUNICATED IN A TIMELY MANNER BETWEEN A PATIENT
,
A PROVIDER OR FACILITY, AND OTHER AUTHORIZED PERSONS ;
(h) E
NGAGE WITH THE DEPARTMENT OF REGULATORY AGENCIES
REGARDING IMPLEMENTATION OF THE RELEASE FORMS
; AND
(i) MAKE RECOMMENDATIONS ON ANY OTHER TOPICS THE WORKING
GROUP DEEMS RELEVANT
.
(3) T
HE WORKING GROUP MAY CONSULT WITH ADDITIONAL
STAKEHOLDERS AND EXPERTS AS NEEDED TO INFORM THE WORKING GROUP
'S
DISCUSSIONS AND TO ANSWER QUESTIONS TO ASSIST THE WORKING GROUP
IN FINALIZING ITS FINDINGS AND RECOMMENDATIONS
.
(4) T
HE WORKING GROUP MUST INCLUDE INDIVIDUALS WITH LEGAL
EXPERTISE REGARDING
42 CFR 2, OR SUCCESSOR FEDERAL REGULATIONS ,
AND HIPAA; A REPRESENTATIVE FROM THE BHA; A REPRESENTATIVE OF A
HEALTH INFORMATION ORGANIZATION NETWORK
; A REPRESENTATIVE OF A
HOSPITAL
; LICENSED BEHAVIORAL HEALTH PROVIDERS , INCLUDING
BEHAVIORAL HEALTH SAFETY NET PROVIDERS
; SUBSTANCE USE PROVIDERS;
REPRESENTATIVES OF CONSUMER ADVOCACY ORGANIZATIONS ;
REPRESENTATIVES OF DISABILITY ADVOCACY ORGANIZATIONS ; AND ANY
OTHER INDIVIDUALS THAT THE OFFICE OF E
-HEALTH INNOVATION
DETERMINES ARE NECESSARY
.
(5) B
EGINNING SEPTEMBER 1, 2024, THE WORKING GROUP SHALL
MEET AT LEAST ONCE IN EACH QUARTER OF THE CALENDAR YEAR TO
DEVELOP THE REPORT CREATED PURSUANT TO SUBSECTION
(6) OF THIS
SECTION
.
(6) (a) O
N OR BEFORE JANUARY 1, 2026, THE WORKING GROUP SHALL
SUBMIT A REPORT INCLUDING RECOMMENDATIONS REGARDING THE
FEASIBILITY OF CREATING A CENTRALIZED DIGITAL CONSENT REPOSITORY TO
THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN SERVICES
COMMITTEE
, THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE , AND
PAGE 3-HOUSE BILL 24-1217 THE JOINT TECHNOLOGY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES .
(b) T
HE OFFICE OF E-HEALTH INNOVATION SHALL MAKE THE REPORT
AVAILABLE TO THE PUBLIC ON THE OFFICE
'S WEBSITE.
(7) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.
27-50-110. Friends and family input form - rules - definition.
(1) (a) O
N OR BEFORE JULY 1, 2025, THE BHA SHALL CREATE A FRIENDS
AND FAMILY INPUT 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
, INCLUDING:
(I) I
NFORMATION ABOUT A PATIENT 'S:
(A) D
IAGNOSIS;
(B) P
AST HOSPITALIZATIONS;
(C) D
E-ESCALATION TECHNIQUES;
(D) C
URRENT AND PAST PROVIDERS AND THEIR CONTACT
INFORMATION
;
(E) P
OTENTIAL TRIGGERS;
(F) H
OUSING STATUS;
(G) F
AMILY HISTORY, RELATIONSHIPS, OR SOCIAL CONTEXT;
(H) C
URRENT MEDICAL CONDITIONS ; AND
(I) CURRENT AND PAST MEDICATIONS ; AND
(II) ANY OTHER INFORMATION AS DETERMINED BY THE BHA BASED
ON FEEDBACK RECEIVED FROM STAKEHOLDERS
.
(b) T
HE FRIENDS AND FAMILY INPUT FORM MUST INCLUDE A CLEAR
STATEMENT THAT THE FRIENDS AND FAMILY INPUT FORM MAY BECOME PART
PAGE 4-HOUSE BILL 24-1217 OF THE PATIENT'S MEDICAL RECORD.
(2) O
N OR BEFORE OCTOBER 1, 2024, THE BHA SHALL CONVENE ONE
OR MORE MEETINGS TO OBTAIN INPUT AND RECOMMENDATIONS FROM
STAKEHOLDERS
, INCLUDING CONSUMER ADVOCATES ; BEHAVIORAL HEALTH
PROVIDERS
, INCLUDING BEHAVIORAL HEALTH SAFETY NET PROVIDERS ;
REPRESENTATIVES FROM THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AND THE DEPARTMENT OF CORRECTIONS
; INDIVIDUALS WITH
EXPERTISE IN STATE AND FEDERAL PRIVACY LAW
; AND INDIVIDUALS WHO
HAVE ACCESSED MENTAL HEALTH OR SUBSTANCE USE SERVICES
,
CONCERNING THE BEST PRACTICES FOR CREATION AND USE OF THE FRIENDS
AND FAMILY INPUT FORM DESCRIBED IN SUBSECTION
(1) OF THIS SECTION.
(3) (a) T
HE FRIENDS AND FAMILY INPUT FORM MAY BE ACCEPTED IN
WRITING OR ELECTRONICALLY BY ANY HEALTH
-CARE FACILITY OR PROVIDER
LICENSED OR DESIGNATED BY THE
BHA, ANY LICENSEE AS DEFINED IN
SECTION
12-245-202 (8), ANY REGISTRANT AS DEFINED IN SECTION
12-245-202 (16), THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ,
THE DEPARTMENT OF CORRECTIONS , A COUNTY OR DISTRICT PUBLIC HEALTH
AGENCY
, THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING , OR
ANY OTHER TREATMENT FACILITY FOR INDIVIDUALS WITH BEHAVIORAL OR
MENTAL HEALTH DISORDERS
.
(b) C
OVERED ENTITIES MAY ACCEPT PARTIALLY COMPLETED
SUBMISSIONS OF THE FRIENDS AND FAMILY INPUT FORM
.
(c) A
TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED
FACILITY OR ORGANIZATION SHALL NOT DISTRIBUTE THE FRIENDS AND
FAMILY INPUT FORM TO ANY OTHER ENTITY IF A PATIENT EXPRESSLY
PROHIBITS DISCLOSURE
, EXCEPT IF A COURT OR OTHER LEGAL AUTHORITY
HAS ORDERED THE DISCLOSURE
.
(d) N
OTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY OR
ALTER ANY GENERALLY ACCEPTED ETHICS
, STANDARDS, PROTOCOLS, OR
LAWS GOVERNING TREATING PROFESSIONALS
. A COVERED ENTITY, TREATING
PROFESSIONAL
, OR THE PROFESSIONAL'S DESIGNEE IS NOT SUBJECT TO ANY
CIVIL
, CRIMINAL, OR REGULATORY SANCTION FOR ACTING OR FAILING TO ACT
IN RESPONSE TO THE INFORMATION CONTAINED IN THE FRIENDS AND FAMILY
INPUT FORM OR FOR DECLINING TO ACCEPT A FRIENDS AND FAMILY INPUT
FORM
.
PAGE 5-HOUSE BILL 24-1217 (e) IF A PATIENT EXPLICITLY OBJECTS TO A COVERED ENTITY
RECEIVING INFORMATION REGARDING THE PATIENT FROM A SPECIFIC
INDIVIDUAL
, THE COVERED ENTITY IS NOT REQUIRED TO ACCEPT
INFORMATION FROM THE SPECIFIC INDIVIDUAL
.
(4) A
FRIEND OR FAMILY MEMBER PROVIDING INFORMATION ABOUT
AN INDIVIDUAL SHALL ENSURE THE INFORMATION IS ACCURATE TO THE BEST
KNOWLEDGE OF THE FRIEND OR FAMILY MEMBER PROVIDING THE
INFORMATION
.
(5) (a) A
N INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST IN THE
WELL
-BEING OF THE PATIENT MAY PROVIDE INFORMATION PURSUANT TO THIS
SUBSECTION
(5).
(b) A
TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED
FACILITY OR ORGANIZATION MAY ACCEPT INPUT IN WRITING OR THROUGH
E
-MAIL FROM ANOTHER INDIVIDUAL .
(c) A
TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED
FACILITY OR ORGANIZATION MAY ACCEPT INPUT VERBALLY
, INCLUDING
THROUGH VOICEMAIL
. IF A TREATING PROFESSIONAL OR A LICENSED OR
DESIGNATED FACILITY OR ORGANIZATION ACCEPTS INPUT VERBALLY
, THE
TREATING PROFESSIONAL OR LICENSED OR DESIGNATED FACILITY OR
ORGANIZATION SHALL ESTABLISH AND DOCUMENT THE PROCESS FOR
ACCEPTING VERBAL INPUT
.
(d) T
HE PROVIDER SHALL ACKNOWLEDGE RECEIPT OF THE INPUT
PROVIDED PURSUANT TO THIS SUBSECTION
(5) BUT IS NOT REQUIRED TO
DISCLOSE ADDITIONAL INFORMATION
.
(6) (a) I
F THE DISCLOSURES ARE PERMITTED BY HIPAA, A PROVIDER
MAY SHARE A PATIENT
'S INFORMATION WITH FAMILY , FRIENDS, OR ANY
INDIVIDUAL WITH A CLOSE
, PERSONAL INTEREST IN THE WELL-BEING OF THE
PATIENT WITHOUT THE PATIENT
'S CONSENT IF THE PATIENT IS NOT PRESENT
OR IS INCAPACITATED AND THE TREATING PROFESSIONAL OR THE
PROFESSIONAL
'S DESIGNEE DETERMINES , BASED ON PROFESSIONAL
JUDGMENT
, THAT IT IS IN THE BEST INTEREST OF THE PATIENT.
(b) I
F A PROVIDER DISCLOSES INFORMATION ABOUT A PATIENT
WITHOUT THE PATIENT
'S CONSENT PURSUANT TO SUBSECTION (6)(a) OF THIS
PAGE 6-HOUSE BILL 24-1217 SECTION, THE PROVIDER SHALL DISCUSS ONLY THE INFORMATION THAT AN
INDIVIDUAL INVOLVED NEEDS TO KNOW ABOUT A PATIENT
'S CARE OR
PAYMENT
.
(c) A
PROVIDER OR FACILITY SHALL NOT INFORM A PATIENT 'S
FAMILY
, FRIENDS, OR ANY INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST
IN THE WELL
-BEING OF THE PATIENT ABOUT A PAST MEDICAL PROBLEM THAT
IS UNRELATED TO THE PATIENT
'S CURRENT CONDITION.
(d) A
PROVIDER IS NOT REQUIRED BY HIPAA TO SHARE A PATIENT'S
INFORMATION WHEN THE PATIENT IS NOT PRESENT OR IS INCAPACITATED
.
T
HE PROVIDER MAY WAIT UNTIL THE PATIENT HAS THE OPPORTUNITY TO
AGREE TO THE DISCLOSURE
.
(7) T
HE BHA SHALL CREATE A RESOURCE PAGE FOR BOTH
PROVIDERS AND FAMILIES ON ITS WEBSITE THAT INCLUDES THE FRIENDS AND
FAMILY INPUT FORM AND INFORMATION FROM FEDERAL GUIDANCE
DOCUMENTS AND SHALL NOTIFY INTERESTED STAKEHOLDERS OF THE
AVAILABILITY OF THE FRIENDS AND FAMILY INPUT FORM AND RESOURCE
PAGE
.
(8) T
HE BHA SHALL PROMULGATE RULES FOR BEHAVIORAL HEALTH
SAFETY NET PROVIDERS RELATED TO MAINTAINING AND RELEASING PATIENT
INFORMATION AND IMPLEMENTING THE FRIENDS AND FAMILY INPUT FORM
.
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
$50,604 is appropriated to the department of human services. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $18,599 for use by the behavioral health administration for
behavioral health consent forms related to integrated behavioral health
services, which amount is based on an assumption that the administration
will require an additional 0.2 FTE; and
(b) $32,005 for the purchase of legal services.
(2) For the 2024-25 state fiscal year, $32,005 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of human services under subsection (1)(b) of this
PAGE 7-HOUSE BILL 24-1217 section and is based on an assumption that the department of law will
require an additional 0.1 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
human services.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 8-HOUSE BILL 24-1217 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie 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 9-HOUSE BILL 24-1217