Colorado § 25-4-406 - Reports - confidentiality.

§ 25-4-406. Reports - confidentiality.

(1) The public health reports required pursuant to section 25-4-405 and any records resulting from compliance with that section held by the state department and county and district public health agencies, or any health-care provider, facility, third-party payer, physician, clinic, laboratory, blood bank, health records database, or other agency, are confidential information. The information shall only be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise, under the following circumstances:

(a) For statistical purposes, but only in a manner such that an individual cannot be identified from the information released;

(b) To the extent necessary to enforce the provisions of this part 4 and related rules concerning the treatment, control, prevention, and investigation of sexually transmitted infections by public health officers;

(c) To health-care providers and medical personnel in a medical emergency to the extent necessary to protect the health or life of the named party;

(d) To agencies responsible for receiving or investigating reports of child abuse or neglect in accordance with the provisions of the "Child Protection Act of 1987", part 3 of article 3 of title 19, C.R.S., if an officer or employee of the state department or a local public health agency makes a report of child abuse or neglect; or

(e) Pursuant to section 18-3-415.5, C.R.S., to a district attorney for the information specified in said section, or, for the purposes of a sentencing hearing, oral and documentary evidence limited to whether a person who has been bound over for trial for any sexual offense, as described in section 18-3-415.5, C.R.S., was provided with notice or discussion that he or she had tested positive for a sexually transmitted infection and the date of such notice or discussion.

(1.5) In accordance with subsection (1)(a) of this section, for statistical purposes, the state department shall make available to county and district public health agencies de-identified case rate data for syphilis that is specific to the county or district, which data must remain confidential pursuant to this section.

(2) An officer or employee of the state department or a local public health agency must not be examined in any judicial, executive, legislative, or other proceedings as to the existence or content of any individual's report by such department pursuant to this part 4 or as to the existence of the content of the reports received pursuant to section 25-4-405 or the result of an investigation conducted pursuant to section 25-4-408. The provisions of this subsection (2) do not apply to administrative or judicial proceedings held pursuant to section 25-4-412 or 25-4-413.

(3) Information in medical records concerning the diagnosis and treatment of a sexually transmitted infection is considered medical information, is not part of public health reports, and is protected from unauthorized disclosure pursuant to the provisions of section 18-4-412, C.R.S.

Source: L. 2016: Entire part R&RE, (SB 16-146), ch. 230, p. 898, § 1, effective July 1. L. 2024: IP(1) amended and (1.5) added, (HB 24-1456), ch. 425, p. 2913, § 3, effective June 5.

Editor's note: This section is similar to former §§ 25-4-1402, 25-4-1403, and 25-4-1404 as they existed prior to 2016.

Cross references: For the legislative declaration in HB 24-1456, see section 1 of chapter 425, Session Laws of Colorado 2024.

ANNOTATION

Because reports and records concerning persons who are diagnosed with AIDS, HIV-related illness, or HIV infection are strictly confidential under this section and may be released only under specified circumstances, information concerning the plaintiff's health and possible HIV infection was not of legitimate public concern. Publication of such information by the plaintiff's employer was sufficient to support a claim for invasion of privacy. Borquez v. Robert C. Ozer, P.C., 923 P.2d 166 (Colo. App. 1995), aff'd in part, rev'd in part on other grounds, 940 P.2d 371 (Colo. 1997).