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... |
| Confidentiality of substance abuse records | 2 CCR 502-1:21.170.3, Release of information | Requires licensed behavioral health agencies to use release of information forms that comply with 42 C.F.R. Part 2 |
| C.R.S.A. § 27-81-113, Records of alcoholics and intoxicated persons | ||
| C.R.S.A. § 27-82-106, Voluntary treatment for persons incapacitated or under the influence of drugs | Requires approved treatment facilities to notify a person’s family or next of kin of that person’s admission to the extent permissible in... | |
| C.R.S.A. § 27-82-109, Records of Persons with Substance Abuse Disorders and Persons Under the Influence of Drugs | Requires substance abuse treatment facilities to comply with 42 C.F.R. Part 2 |
| 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... |
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