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Privacy and Confidentiality in Colorado

 

Privacy and Confidentiality in Colorado

Subtopic Statute/Regulation Description
Privacy and Confidentiality Records - Colo. Rev. Stat. § 27-65-121 Mental health records are confidential and privileged to the patient, and may only be disclosed according to the statute, or the accompanying...
6 CCR 1011-1:II-6.100 Patient Rights Licensed Colorado health care facilities, including hospitals, ambulatory surgical centers, and birth centers, must “develop and...
C.R.S.A. § 12-36-117 Unprofessional Conduct Colorado defines “unprofessional conduct” as including, among numerous other acts, the failure to practice...
C.R.S.A. § 12-36-140 Protection of Medical Records – Licensee’s obligations – Verification of Compliance – Noncompliance Grounds for Discipline...
Colo. Rev. Stat. § 27-82-109 Records of drug abusers and persons under influence of drugs All substance abuse treatment records are confidential and may only be disclosed as...
Confidentiality; Release of Records - Colo. Code Regs. §§ 502-1:21.170.2; 502-1:21.170.3 Both mental health and substance abuse treatment records are confidential and privileged to the patient, and may only be disclosed according to...
Authorization for disclosure and exceptions to authorization requirements Clinical Records, Colo. Code Regs. § 10-2505-10 (§ 8.408.5) Clinical Records   Specifies the records that skilled nursing facilities must maintain (e.g., physician orders, lab reports, treatment records,...
Genetic information, Colo. Rev. Stat. § 10-3-1104.6 Genetic information - limitations on disclosure of information - liability - definitions - legislative declaration   Prohibits health insurers...
HIV testing, Colo. Rev. Stat. § 10-3-1104.5 HIV testing - legislative declaration - definitions - requirements for testing - limitations on disclosure of test results   Permits insurers to...
Powers and duties of executive director, Colo. Rev. Stat. § 25-4-1003 Powers and duties of executive director - newborn screening programs - genetic counseling and education programs - rules   Grants the Executive...
Privacy of health information, Colo. Rev. Stat. § 10-16-1003 Privacy of Health Information    Requires health care cooperatives to maintain the privacy of individually identifiable health information...
Disclosure requirements (what providers can disclose, prohibition on further disclosure) Confidentiality - exceptions, Colo. Rev. Stat. § 12-33-126 Confidentiality -- Exceptions.    Prohibits licensed chiropractors from disclosing confidential patient communications without the patient...
Confidentiality of health information, Colo. Rev. Stat. § 10-16-423 Confidentiality of Health Information,    Requires health maintenance organizations to maintain the confidentiality of enrollee and...
Privacy of health information, Colo. Rev. Stat. § 10-16-1003 Privacy of Health Information    Requires health care cooperatives to maintain the privacy of individually identifiable health information...
Records, Colo. Rev. Stat. § 27-65-121 Records.    Classifies mental health records and information as confidential and privileged. Specifies the circumstances in which such...
Release of medical information, Colo. Rev. Stat. § 25-32-106 Release of Medical Information   Requires health care providers to disclose a patient’s medical information if a poison control service...
Reports of electroconvulsive treatment, Colo. Rev. Stat. § 25-2-120 Reports of electroconvulsive treatment   Requires health care providers, facilities, or institutions to report electroconvulsive treatments to...
Sexually Transmitted Infections, Colo. Code Regs. § 6-1009-1 (Regulation 11) Sexually Transmitted Infections   Permits the sharing of information regarding STI prevention, causes, testing, or treatment among public health...
Confidentiality and disclosure requirements of public health reporting information (disease specific information/registry data) (Cross reference to Public Health Reporting) Confidentiality of information collected, Colo. Rev. Stat. § 25-4-1905 Confidentiality of information collected.    Classifies information obtained by the Department of Public Health and Environment for the...
Department of public health and environment, Colo. Rev. Stat. § 25-4-2403 Department of public health and environment - powers and duties - immunization tracking system - definitions   Authorizes the Department of...
Medical record documentation requirements, Colo. Rev. Stat. § 25-48-111 Medical record documentation requirements - reporting requirements - department compliance reviews - rules   Specifies the information that an...
Named reporting of certain diseases and conditions, Colo. Rev. Stat. § 25-1-122 Named reporting of certain diseases and conditions - access to medical records - confidentiality of reports and records   Grants the State Board...
No public funds for abortion, Colo. Rev. Stat. § 25.5-3-106 No public funds for abortion - exception - definitions - repeal   Prohibits the use of public funds for abortions. Provides an exception for...
No public funds for abortion, Colo. Rev. Stat. § 25.5-4-415 No public funds for abortion - exception - repeal   Prohibits the use of public funds for abortions. Provides an exception for reimbursement of...
Perinatal Services, Colo. Code Regs. § 6-1011-1 (Chap 04 Part 20) Perinatal Services   Permits CMS certified hospitals to participate in an umbilical cord blood collection program. Requires these hospitals to...
Powers and duties of executive director, Colo. Rev. Stat. § 25-4-1003 Powers and duties of executive director - newborn screening programs - genetic counseling and education programs - rules   Grants the Executive...
Registry for the medical use of marijuana Colo. Code Regs. § 5-1006-2 (Regulation 1) Establishment and confidentiality of the registry for the medical use of marijuana   Requires the Department of Public Health and Environment to...
Reports - confidentiality, Colo. Rev. Stat. § 25-4-406 Reports -- Confidentiality   Classifies public health reports regarding sexually transmitted diseases as confidential. Permits disclosure of...
Statewide emergency medical and trauma care system, Colo. Rev. Stat. § 25-3.5-704 Statewide emergency medical and trauma care system - development and implementation - duties of department - rules adopted by board   Requires...
The Colorado Central Cancer Registry, Colo. Code Regs. § 6-1009-3 The Colorado Central Cancer Registry   Requires the Department of Public Health and Environment to establish a cancer registry to collect,...
The Trauma Registry, Colo. Code Regs. § 6-1015-4 (Chap 1) The Trauma Registry.    Establishes reporting requirements for the Colorado’s trauma registry. Defines the data elements that...
Trauma Facility Designation Criteria, Colo. Code Regs. § 6-1015-4 (Chap 3 § 303) Trauma Facility Designation Criteria - Level I Facilities   Requires Level I trauma care facilities to establish prehospital care protocols and...
Trauma Facility Designation Criteria, Colo. Code Regs. § 6-1015-4 (Chap 3 § 304) Trauma Facility Designation Criteria   Establishes criteria for designating Level II Trauma Facilities. These criteria address prehospital...
Confidentiality and disclosure requirements of peer review information (Cross reference to Medical Peer Review) Disciplinary proceedings Colo. Rev. Stat. § 12-35-129.2 Disciplinary proceedings.    Authorizes individuals to file written complaints about dentists and dentist hygienists with the Dental Board...
Hospital professional review committees, Colo. Rev. Stat. § 12-36.5-104.4 Hospital professional review committees   Requires professional review committees that have concerns about the quality or appropriateness of...
Confidentiality of genetic information Genetic information, Colo. Rev. Stat. § 10-3-1104.6 Genetic information - limitations on disclosure of information - liability - definitions - legislative declaration   Prohibits health insurers...
Insurer and Medicaid/Medicare confidentiality requirements, including disclosure laws (Cross reference Medicaid Data, Medicare data, and private insurance data requirements) HIV testing, Colo. Rev. Stat. § 10-3-1104.5 HIV testing - legislative declaration - definitions - requirements for testing - limitations on disclosure of test results   Permits insurers to...
Patient’s right to confidentiality of medical records/medical information Individual Rights of Persons Receiving Evaluation Care or Treatment, Colo. Code Regs. § 2-502-1 (21.280.26) Individual Rights of Persons Receiving Evaluation Care or Treatment   Establishes the rights of persons receiving treatment in mental health...
Violations of confidentiality; penalties Penalties, Colo. Rev. Stat. § 25-4-414 Penalties.    Classifies the failure to report STD reports a petty offense punishable by a maximum $300 fine. Classifies a breach of the...
Theft of medical records or medical information, Colo. Rev. Stat. § 18-4-412 Theft of medical records or medical information - penalty - definitions   Classifies the theft of a medical record or medical information as a...
Disclosure of medical information for research purposes (Cross reference Research) Records, Colo. Rev. Stat. § 27-65-121 Records.    Classifies mental health records and information as confidential and privileged. Specifies the circumstances in which such...
Reports - confidentiality, Colo. Rev. Stat. § 25-4-406 Reports -- Confidentiality   Classifies public health reports regarding sexually transmitted diseases as confidential. Permits disclosure of...
Disclosure of health information pursuant to court order or subpoena Reports - confidentiality, Colo. Rev. Stat. § 25-4-406 Reports -- Confidentiality   Classifies public health reports regarding sexually transmitted diseases as confidential. Permits disclosure of...