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, must be available to the patient or the patient's personal representative upon submission of a valid authorization for inspection of records, dated and signed by the patient, at reasonable times and upon reasonable notice. A summary of records pertaining to a patient's mental health problems may, upon written request accompanied by a signed and dated authorization, be made available to the patient or the patient's personal representative following termination of the treatment program.
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A copy of the records, including radiographic studies, must be made available to the patient or the patient's personal representative, upon request and payment of the fee a covered entity may impose in accordance with the “Health Insurance Portability and Accountability Act of 1996”, Pub.L. 104-191, as amended, or to a third person who requests the medical records upon submission of a HIPAA-compliant authorization, a valid subpoena, or a court order, and payment of reasonable fees. (b) (I) (A) A copy of the records, including radiographic studies, must be made available to the patient or the patient's personal representative, upon request and payment of the fee a covered entity may impose in accordance with the “Health Insurance Portability and Accountability Act of 1996”, Pub.L. 104-191, as amended, or to a third person who requests the medical records upon submission of a HIPAA-compliant authorization, a valid subpoena, or a court order, and payment of reasonable fees.
History. Source: L. 76: Entire part added, p. 649, § 1, effective July 1. L. 97: (1) amended, p. 349, § 2, effective April 19; (1)(a) amended, p. 1032, § 69, effective August 6. L. 2001: (5) added, p. 1163, § 11, effective January 1, 2002. L. 2009: (2) amended,(SB 09-179), ch. 112, p. 475, § 21, effective April 9. L. 2014: (1) and (4) amended,(HB 14-1186), ch. 125, p. 446, § 3, effective April 18. L. 2016: (2) amended,(SB 16-146), ch. 230, p. 922, § 22, effective July 1. L. 2018: (2) amended,(SB 18-091), ch. 35, p. 387, § 22, effective August 8. L. 2019: (1)(a), (1)(b)(II), and (5) amended,(HB 19-1172), ch. 136, p. 1695, § 140, effective October 1; (5) amended,(SB 19-241), ch. 390, p. 3471, § 34, effective October 1.
Cross references:
For the legislative declaration contained in the 2001 act enacting subsection (5), see section 1 of chapter 300, Session Laws of Colorado 2001. For the legislative declaration in HB 14-1186, see section 1 of chapter 125, Session Laws of Colorado 2014. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.
ANNOTATION
The phrase “mental health problems” means psychiatric or psychological problems. The phrase does not include general professional counseling, addressing life skill building, decision making, and problem solving, unrelated to psychiatric or psychological problems. Therefore, such records are available to the patient under this section. Dauwe v. Musante, 122 P.3d 15 (Colo. App. 2004).
The phrase “the reasonable costs” of providing copies of medical records, as used in subsection (1)(b), does not indicate that providers may only charge for the singular costs directly incurred in the physical act of copying. The term “costs” is not singular and is not limited to the costs of supplies and the labor of copying. Colo. Consumer Health Initiative v. Colo. Bd. of Health, 240 P.3d 525 (Colo. App. 2010).
“Reasonable costs” may include the costs inherent in record inspection. Colo. Consumer Health Initiative v. Colo. Bd. of Health, 240 P.3d 525 (Colo. App. 2010).
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