Colorado § 27-50-110 - Friends and family input form - rules.

§ 27-50-110. Friends and family input form - rules.

(1) (a) On 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) Information about a patient's:

(A) Diagnosis;

(B) Past hospitalizations;

(C) De-escalation techniques;

(D) Current and past providers and their contact information;

(E) Potential triggers;

(F) Housing status;

(G) Family history, relationships, or social context;

(H) Current 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) The friends and family input form must include a clear statement that the friends and family input form may become part of the patient's medical record.

(2) On 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) The 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) Covered 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) Nothing 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.

(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) An 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 email 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) The provider shall acknowledge receipt of the input provided pursuant to this subsection (5) but is not required to disclose additional information.

(6) (a) If 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) If a provider discloses information about a patient without the patient's consent pursuant to subsection (6)(a) of this 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. The provider may wait until the patient has the opportunity to agree to the disclosure.

(7) The 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) The 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.

Source: L. 2024: Entire section added, (HB 24-1217), ch. 264, p. 1737, § 2, effective May 28.

PART 2

BEHAVIORAL HEALTH SYSTEM MONITORING