Colorado § 10-16-423 - Confidentiality of health information.

§ 10-16-423. Confidentiality of health information.

Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from such person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except to the extent that it may be necessary to carry out the purposes of part 1 of this article or this part 4; or upon the express consent of the enrollee or applicant; or pursuant to statute or court order for the production of evidence or the discovery thereof; or in the event of claim or litigation between such person and the health maintenance organization wherein such data or information is pertinent; or as otherwise required or permitted by state or federal law. A health maintenance organization shall be entitled to claim any statutory privileges against such disclosure that the provider, who furnished such information to the health maintenance organization, is entitled to claim.

Source: L. 92: Entire article R&RE, p. 1712, § 1, effective July 1. L. 2003: Entire section amended, p. 1785, § 18, effective July 1.

Editor's note: The provisions of this section were similar to provisions of several former sections as they existed prior to 1992. For a detailed comparison, see the comparative tables located in the back of the index.

ANNOTATION

A patient's medical record may be examined by the patient's health maintenance organization (HMO) to the extent it is relevant to the claims against the HMO when the patient sues the HMO for the medical care it provided to the patient. A review of the patient's complete medical record is relevant to the HMO's ability to prepare a defense. Ortega v. Colo. Permanente Med. Group, P.C., 265 P.3d 444 (Colo. 2011).