Colorado § 8-47-203.2 - Mental health records - disclosure - rules - definition.

§ 8-47-203.2. Mental health records - disclosure - rules - definition.

(1) As used in this section, unless the context otherwise requires, "mental health record" means the following records pertaining to the claimant:

(a) Psychological or psychiatric tests, including neuropsychological testing;

(b) Other records prepared by or for a mental health provider;

(c) Independent medical examination records, audio recordings, and reports that address psychological or psychiatric issues;

(d) Division independent medical evaluation records and reports that address psychological or psychiatric issues; and

(e) Records relating to the evaluation, diagnosis, or treatment of a substance use or abuse disorder.

(2) A mental health provider shall provide mental health records to:

(a) The insurer, or if self-insured, the employer, as necessary for payment of services and adjustment and adjudication of claims involving psychological or psychiatric issues;

(b) The employer, as necessary for the employer to comply with applicable state or federal laws, rules, and regulations; and

(c) The referring physician and any other relevant treating or evaluating providers, as necessary.

(3) (a) Mental health records provided pursuant to subsection (2) of this section shall not be disclosed to any person who is not reasonably necessary for the medical evaluation, adjustment, or adjudication of claims involving psychological or psychiatric issues unless disclosure is otherwise directed by order of the director or an administrative law judge.

(b) (I) An insurer may release information from a claimant's mental health records concerning any work restrictions placed on the claimant to the claimant's employer, supervisor, or manager, and information as necessary for the adjustment and adjudication of a claim, but shall not disclose the claimant's actual mental health records to any third party who is not directly involved in medically evaluating, adjusting, or adjudicating claims involving psychological or psychiatric issues without the consent of the claimant unless disclosure is otherwise ordered by the director or an administrative law judge.

(II) Notwithstanding subsection (3)(b)(I) of this section, if the claimant's mental health provider or physician objects to the release of mental health records, the insurer shall not disclose the mental health records to a third party unless otherwise ordered by the director or an administrative law judge.

(c) If an employer is self-insured, upon receipt of mental health records, the employer:

(I) Shall maintain mental health records under restricted access, separate from personnel files, and with clear policies and training to ensure the claimant's privacy is protected; and

(II) (A) May disclose information from the claimant's mental health records concerning any work restrictions placed on the claimant to the claimant's supervisor or manager and information as necessary for the adjustment or adjudication of a claim, but shall not disclose the claimant's actual mental health records to any third party who is not directly involved in medically evaluating, adjusting, or adjudicating claims involving psychological or psychiatric issues without the consent of the claimant, unless disclosure is otherwise ordered by the director or an administrative law judge.

(B) Notwithstanding subsection (3)(c)(II)(A) of this section, if the claimant's mental health provider or physician objects to the release of mental health records, the self-insured employer shall not disclose the mental health records to any third party unless otherwise ordered by the director or an administrative law judge.

(d) (I) A third party receiving mental health records pursuant to this subsection (3) shall not disclose the claimant's actual mental health records to any person who is not directly involved in medically evaluating, adjusting, or adjudicating claims involving psychological or psychiatric issues without the consent of the claimant, unless otherwise ordered by the director or an administrative law judge.

(II) Notwithstanding subsection (3)(d)(I) of this section, if the claimant's mental health provider or physician objects to the release of mental health records, the third party shall not disclose the mental health records to any other third party unless otherwise ordered by the director or an administrative law judge.

(4) The director may promulgate rules necessary for the implementation of this section.

Source: L. 2022: Entire section added, (HB 22-1354), ch. 476, p. 3468, § 1, effective June 8.