Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0029.01 Josh Schultz x5486
HOUSE BILL 24-1217
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE DISSEMINATION OF PATIENT HEALTH-CARE101
INFORMATION.102
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
and Accountability Act of 1996".
HOUSE SPONSORSHIP
Amabile,
SENATE SPONSORSHIP
(None),
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.
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), (14.5), and (17.5) 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 27-50-111 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
(17.5) "R
ELEASE FORM" MEANS THE UNIVERSAL BEHAVIORAL14
HEALTH CONSENT FORM CREATED PURSUANT TO SECTION 27-50-109.15
SECTION 2. In Colorado Revised Statutes, add 27-50-109,16
27-50-110, and 27-50-111 as follows:17
HB24-1217-2-
27-50-109. Universal behavioral health consent form - rules -1
availability. (1) (a) T
HE BHA SHALL CREATE A UNIVERSAL BEHAVIORAL2
HEALTH CONSENT FORM TO BE USED AS AN OPTIONAL FORM FOR3
AUTHORIZATION TO RELEASE PROTECTED HEALTH INFORMATION FOR4
INDIVIDUALS SEEKING BEHAVIORAL HEALTH SERVICES. THE RELEASE5
FORM:6
(I) C
ONSTITUTES A HIPAA-COMPLIANT AUTHORIZATION FOR7
DISCLOSURE OF AN INDIVIDUAL'S PROTECTED HEALTH INFORMATION; AND8
(II) C
ONSTITUTES AN AUTHORIZATION FOR DISCLOSURE OF AN9
INDIVIDUAL'S PROTECTED HEALTH INFORMATION IN COMPLIANCE WITH 4210
CFR
2 OR SUCCESSOR FEDERAL REGULATIONS.11
(b) T
HE BHA SHALL ENSURE THAT THE RELEASE FORM:12
(I) R
EQUIRES SEPARATE SIGNATURES, ONE TO AUTHORIZE THE13
DISCLOSURE OF PROTECTED HEALTH INFORMATION PURSUANT TO 42 CFR14
2,
OR SUCCESSOR FEDERAL REGULATIONS, AND ONE TO AUTHORIZE THE15
DISCLOSURE OF PROTECTED HEALTH INFORMATION PURSUANT TO HIPAA;16
(II) C
LEARLY STATES THAT INDIVIDUALS SIGNING THE FORM ARE17
CONSENTING TO THE DISCLOSURE OF THEIR PROTECTED HEALTH18
INFORMATION PURSUANT TO BOTH 42 CFR 2, OR SUCCESSOR FEDERAL19
REGULATIONS, AND HIPAA;20
(III) I
NCLUDES A SECTION ALLOWING AN INDIVIDUAL TO IDENTIFY21
PERSONS WHO HAVE CONSENTED TO RECEIVE DISCLOSURE OF THE22
INDIVIDUAL'S PROTECTED HEALTH INFORMATION;23
(IV) I
S WRITTEN IN PLAIN LANGUAGE; AND24
(V) I
S AVAILABLE IN MULTIPLE LANGUAGES.25
(c) A
N INDIVIDUAL MAY REVOKE OR AMEND THE INDIVIDUAL'S26
RELEASE FORM AT ANY TIME. AN AMENDED RELEASE FORM IS EFFECTIVE:27
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(I) UPON THE INDIVIDUAL'S SIGNATURE; AND1
(II) F
OR TWO YEARS FOLLOWING THE DATE THAT THE INDIVIDUAL2
SIGNED THE AMENDED FORM.3
(d) A
T LEAST EVERY SIX MONTHS, A COVERED ENTITY SHALL ASK4
AN INDIVIDUAL WHO SIGNED A RELEASE FORM IF THE INDIVIDUAL WOULD5
LIKE TO UPDATE ANY INFORMATION ON THE FORM.6
(2) A
RELEASE FORM IS EFFECTIVE FOR TWO YEARS FOLLOWING7
THE DATE AN INDIVIDUAL SIGNS THE RELEASE FORM UNLESS THE8
INDIVIDUAL EXECUTES A NEW RELEASE FORM OR AMENDS OR REVOKES THE9
RELEASE FORM IN WRITING.10
(3) A
COVERED ENTITY, OR A PART 2 PROGRAM, AS DEFINED BY 4211
CFR
2.11, MAY DISCLOSE AN INDIVIDUAL'S PROTECTED HEALTH12
INFORMATION WITHOUT USE OF THE RELEASE FORM WHERE PERMITTED BY13
HIPAA.14
(4) T
HE BHA MAY PROMULGATE RULES TO DEVELOP THE RELEASE15
FORM.16
(5) I
N IMPLEMENTING THIS SECTION, THE DEPARTMENT SHALL17
ENGAGE WITH AND SOLICIT FEEDBACK FROM INTERESTED AND IMPACTED18
STAKEHOLDERS, INCLUDING STAKEHOLDERS WITH LEGAL EXPERTISE19
REGARDING 42 CFR 2, OR SUCCESSOR FEDERAL REGULATIONS, AND20
HIPAA;
BEHAVIORAL HEALTH PROVIDERS, INCLUDING BEHAVIORAL21
HEALTH SAFETY NET PROVIDERS; SUBSTANCE USE PROVIDERS;22
REPRESENTATIVES OF CONSUMER ADVOCACY ORGANIZATIONS;23
REPRESENTATIVES OF DISABILITY ADVOCACY ORGANIZATIONS; AND ANY24
OTHER INDIVIDUALS THAT THE BHA DEEMS NECESSARY.25
(6) T
HE DEPARTMENT SHALL MAKE THE RELEASE FORM AVAILABLE26
TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT SHALL27
HB24-1217
-4-
NOTIFY AFFECTED COVERED ENTITIES ABOUT THE RELEASE FORM.1
27-50-110. 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
HB24-1217
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(g) ENGAGE WITH THE DEPARTMENT OF REGULATORY AGENCIES1
REGARDING IMPLEMENTATION OF THE RELEASE FORMS; AND2
(h) M
AKE RECOMMENDATIONS ON ANY OTHER TOPICS THE3
WORKING GROUP DEEMS RELEVANT.4
(3) T
HE WORKING GROUP MAY CONSULT WITH ADDITIONAL5
STAKEHOLDERS AND EXPERTS AS NEEDED TO INFORM THE WORKING6
GROUP'S DISCUSSIONS AND TO ANSWER QUESTIONS TO ASSIST THE7
WORKING GROUP IN FINALIZING ITS FINDINGS AND RECOMMENDATIONS.8
(4) T
HE WORKING GROUP MUST INCLUDE INDIVIDUALS WITH LEGAL9
EXPERTISE REGARDING 42 CFR 2, OR SUCCESSOR FEDERAL REGULATIONS,10
AND HIPAA; A REPRESENTATIVE FROM THE BHA; LICENSED BEHAVIORAL11
HEALTH PROVIDERS INCLUDING, BEHAVIORAL HEALTH SAFETY NET12
PROVIDERS; SUBSTANCE USE PROVIDERS; REPRESENTATIVES OF CONSUMER13
ADVOCACY ORGANIZATIONS; REPRESENTATIVES OF DISABILITY ADVOCACY14
ORGANIZATIONS; AND ANY OTHER INDIVIDUALS THAT THE OFFICE OF15
E-HEALTH INNOVATION DETERMINES ARE NECESSARY.16
(5) B
EGINNING SEPTEMBER 1, 2024, THE WORKING GROUP SHALL17
MEET AT LEAST ONCE IN EACH QUARTER OF THE CALENDAR YEAR TO18
DEVELOP THE REPORT CREATED PURSUANT TO SUBSECTION (6) OF THIS19
SECTION.20
(6) (a) O
N OR BEFORE JANUARY 1, 2026, THE WORKING GROUP21
SHALL SUBMIT A REPORT INCLUDING RECOMMENDATIONS REGARDING THE22
FEASIBILITY OF CREATING A CENTRALIZED DIGITAL CONSENT REPOSITORY23
TO THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN SERVICES24
COMMITTEE, THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE, AND25
THE JOINT TECHNOLOGY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES.26
(b) T
HE OFFICE OF E-HEALTH INNOVATION SHALL MAKE THE27
HB24-1217
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REPORT AVAILABLE TO THE PUBLIC ON THE OFFICE'S WEBSITE.1
(7) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.2
27-50-111. Friends and family input form - rules - definition.3
(1) O
N OR BEFORE JULY 1, 2025, THE BHA SHALL CREATE A FRIENDS AND4
FAMILY INPUT FORM TO ALLOW AN INDIVIDUAL TO PROVIDE A TREATING5
PROFESSIONAL OR A LICENSED OR DESIGNATED FACILITY OR6
ORGANIZATION WITH PROTECTED INFORMATION RELATED TO A PATIENT7
RECEIVING MENTAL HEALTH OR SUBSTANCE USE SERVICES, INCLUDING:8
(a) I
NFORMATION ABOUT A PATIENT'S:9
(I) D
IAGNOSIS;10
(II) P
AST HOSPITALIZATIONS;11
(III) D
E-ESCALATION TECHNIQUES;12
(IV) C
URRENT AND PAST PROVIDERS AND THEIR CONTACT13
INFORMATION;14
(V) P
OTENTIAL TRIGGERS;15
(VI) H
OUSING STATUS;16
(VII) C
URRENT MEDICAL CONDITIONS; AND17
(VIII) C
URRENT AND PAST MEDICATIONS; AND18
(b) A
NY OTHER INFORMATION AS DETERMINED BY THE BHA BASED19
ON FEEDBACK RECEIVED FROM STAKEHOLDERS.20
(2) O
N OR BEFORE OCTOBER 1, 2024, THE BHA SHALL CONVENE21
ONE OR MORE MEETINGS TO OBTAIN INPUT AND RECOMMENDATIONS FROM22
STAKEHOLDERS, INCLUDING CONSUMER ADVOCATES; BEHAVIORAL23
HEALTH PROVIDERS, INCLUDING BEHAVIORAL HEALTH SAFETY NET24
PROVIDERS; REPRESENTATIVES FROM THE DEPARTMENT OF PUBLIC HEALTH25
AND ENVIRONMENT AND THE DEPARTMENT OF CORRECTIONS; INDIVIDUALS26
WITH EXPERTISE IN STATE AND FEDERAL PRIVACY LAW; AND INDIVIDUALS27
HB24-1217
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WHO HAVE ACCESSED MENTAL HEALTH OR SUBSTANCE USE SERVICES,1
CONCERNING THE BEST PRACTICES FOR CREATION AND USE OF THE FRIENDS2
AND FAMILY INPUT FORM DESCRIBED IN SUBSECTION (1) OF THIS SECTION.3
(3) (a) T
HE FRIENDS AND FAMILY INPUT FORM MAY BE ACCEPTED4
IN WRITING OR ELECTRONICALLY BY ANY HEALTH-CARE FACILITY OR5
PROVIDER LICENSED OR DESIGNATED BY THE BHA, ANY LICENSEE AS6
DEFINED IN SECTION 12-245-202 (8), ANY REGISTRANT AS DEFINED IN7
SECTION 12-245-202 (16), THE DEPARTMENT OF PUBLIC HEALTH AND8
ENVIRONMENT, THE DEPARTMENT OF CORRECTIONS, A COUNTY OR9
DISTRICT PUBLIC HEALTH AGENCY, THE DEPARTMENT OF HEALTH CARE10
POLICY AND FINANCING, OR ANY OTHER TREATMENT FACILITY FOR11
INDIVIDUALS WITH BEHAVIORAL OR MENTAL HEALTH DISORDERS.12
(b) C
OVERED ENTITIES MAY ACCEPT PARTIALLY COMPLETED13
SUBMISSIONS OF THE FRIENDS AND FAMILY INPUT FORM.14
(c) A
TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED15
FACILITY OR ORGANIZATION SHALL NOT DISTRIBUTE THE FRIENDS AND16
FAMILY INPUT FORM TO ANY OTHER ENTITY.17
(d) N
OTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY OR18
ALTER ANY GENERALLY ACCEPTED ETHICS, STANDARDS, PROTOCOLS, OR19
LAWS GOVERNING TREATING PROFESSIONALS. A COVERED ENTITY,20
TREATING PROFESSIONAL, OR THE PROFESSIONAL'S DESIGNEE IS NOT21
SUBJECT TO ANY CIVIL, CRIMINAL, OR REGULATORY SANCTION FOR ACTING22
OR FAILING TO ACT IN RESPONSE TO THE INFORMATION CONTAINED IN THE23
FRIENDS AND FAMILY INPUT FORM OR FOR DECLINING TO ACCEPT A24
FRIENDS AND FAMILY INPUT FORM.25
(4) (a) A
FRIEND OR FAMILY MEMBER PROVIDING INFORMATION26
ABOUT AN INDIVIDUAL SHALL ENSURE THE INFORMATION IS ACCURATE TO27
HB24-1217
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THE BEST KNOWLEDGE OF THE FRIEND OR FAMILY MEMBER PROVIDING THE1
INFORMATION.2
(b) (I) I
T IS UNLAWFUL FOR AN INDIVIDUAL TO KNOWINGLY AND3
INTENTIONALLY MAKE A FALSE STATEMENT ON A FRIENDS AND FAMILY4
INPUT FORM.5
(II) A
N INDIVIDUAL WHO KNOWINGLY AND INTENTIONALLY MAKES6
A FALSE STATEMENT ON A FRIENDS AND FAMILY INPUT FORM COMMITS AN7
UNCLASSIFIED MISDEMEANOR AND, UPON CONVICTION OF THE8
MISDEMEANOR, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN ONE9
THOUSAND DOLLARS.10
(5) (a) A
N INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST IN THE11
WELL-BEING OF THE PATIENT MAY PROVIDE INFORMATION PURSUANT TO12
THIS SUBSECTION (5).13
(b) A
TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED14
FACILITY OR ORGANIZATION MAY ACCEPT INPUT IN WRITING OR THROUGH15
E-MAIL FROM ANOTHER INDIVIDUAL.16
(c) A
TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED17
FACILITY OR ORGANIZATION MAY ACCEPT INPUT VERBALLY, INCLUDING18
THROUGH VOICEMAIL. IF A TREATING PROFESSIONAL OR A LICENSED OR19
DESIGNATED FACILITY OR ORGANIZATION ACCEPTS INPUT VERBALLY, THE20
TREATING PROFESSIONAL OR LICENSED OR DESIGNATED FACILITY OR21
ORGANIZATION SHALL ESTABLISH AND DOCUMENT THE PROCESS FOR22
ACCEPTING VERBAL INPUT.23
(d) T
HE PROVIDER SHALL ACKNOWLEDGE RECEIPT OF THE INPUT24
PROVIDED PURSUANT TO THIS SUBSECTION (5) BUT IS NOT REQUIRED TO25
DISCLOSE ADDITIONAL INFORMATION.26
(6) (a) I
F THE DISCLOSURES ARE PERMITTED BY HIPAA, A27
HB24-1217
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PROVIDER MAY SHARE A PATIENT'S INFORMATION WITH FAMILY, FRIENDS,1
OR ANY INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST IN THE2
WELL-BEING OF THE PATIENT WITHOUT THE PATIENT'S CONSENT IF THE3
PATIENT IS NOT PRESENT OR IS INCAPACITATED AND THE TREATING4
PROFESSIONAL OR THE PROFESSIONAL'S DESIGNEE DETERMINES, BASED ON5
PROFESSIONAL JUDGMENT, THAT IT IS IN THE BEST INTEREST OF THE6
PATIENT.7
(b) I
F A PROVIDER DISCLOSES INFORMATION ABOUT A PATIENT8
WITHOUT THE PATIENT'S CONSENT PURSUANT TO SUBSECTION (6)(a) OF9
THIS SECTION, THE PROVIDER SHALL DISCUSS ONLY THE INFORMATION10
THAT AN INDIVIDUAL INVOLVED NEEDS TO KNOW ABOUT A PATIENT'S CARE11
OR PAYMENT.12
(c) A
PROVIDER OR FACILITY SHALL NOT INFORM A PATIENT'S13
FAMILY, FRIENDS, OR ANY INDIVIDUAL WITH A CLOSE, PERSONAL INTEREST14
IN THE WELL-BEING OF THE PATIENT ABOUT A PAST MEDICAL PROBLEM15
THAT IS UNRELATED TO THE PATIENT'S CURRENT CONDITION.16
(d) A
PROVIDER IS NOT REQUIRED BY HIPAA TO SHARE A17
PATIENT'S INFORMATION WHEN THE PATIENT IS NOT PRESENT OR IS18
INCAPACITATED. THE PROVIDER MAY WAIT UNTIL THE PATIENT HAS THE19
OPPORTUNITY TO AGREE TO THE DISCLOSURE.20
(7) T
HE BHA SHALL CREATE A RESOURCE PAGE FOR BOTH21
PROVIDERS AND FAMILIES ON ITS WEBSITE THAT INCLUDES THE FRIENDS22
AND FAMILY INPUT FORM AND INFORMATION FROM FEDERAL GUIDANCE23
DOCUMENTS AND SHALL NOTIFY INTERESTED STAKEHOLDERS OF THE24
AVAILABILITY OF THE FRIENDS AND FAMILY INPUT FORM AND RESOURCE25
PAGE.26
(8) T
HE BHA MAY PROMULGATE RULES TO IMPLEMENT THIS27
HB24-1217
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SECTION.1
SECTION 3. 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
HB24-1217
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