HB 22-1354

  • Colorado House Bill
  • 2022 Regular Session
  • Introduced in House Apr 25, 2022
  • Passed House Apr 25, 2022
  • Passed Senate May 05, 2022
  • Signed by Governor Jun 08, 2022

Protecting Injured Workers' Mental Health Records

Abstract

The bill clarifies provisions in the "Workers' Compensation Act of Colorado" (act) relating to the release and disclosure of mental health records pertaining to an injured employee making a claim under the act (claimant). The bill: Defines "mental health records" as psychological or psychiatric intake evaluation or progress notes or psychiatric independent medical examination and division independent medical examination records pertaining to a claimant psychological or psychiatric tests, including neuropsychological testing; other records prepared by or for a mental health provider; independent medical examination records, audio recordings, and reports that address psychological or psychiatric issues; division independent medical evaluation records and reports that address psychological or psychiatric issues; and records relating to the evaluation, diagnosis, or treatment of a substance use or abuse disorder; Requires a mental health provider to provide an insurer or employer, if self-insured, with mental health records, as necessary for payment, adjustment, and adjudication of claims involving psychological or psychiatric issues; to the referring physician; and to any other relevant treating or evaluating providers; Prohibits the disclosure of mental health records to any person who is not directly involved in adjusting or adjudicating claims reasonably necessary for the medical evaluation, adjustment, or adjudication of claims involving psychological or psychiatric issues, without the consent of the mental health provider or claimant unless otherwise directed by order of the director of the division of workers' compensation (director) or an administrative law judge; Prohibits Permits an insurer from releasing to release information from a claimant's mental health records to the claimant's employer concerning work restrictions and information necessary for the adjustment or adjudication of the claim, but prohibits the disclosure of the claimant's actual mental health records to third parties that do not need the information; and Limits an insurer's disclosure of a claimant's mental health records to an employer, supervisor, or manager to only information from the mental health records pertaining to work restrictions placed on the claimant; and For a self-insured employer: Requires the employer to keep a claimant's mental health records separate from personnel files; Limits disclosure of the claimant's mental health records to a supervisor or manager to only information from the mental health records pertaining to work restrictions placed on the claimant; and Prohibits disclosure of the claimant's mental health records to any third party and redisclosure by the third party to any person who is not directly involved in adjusting or adjudicating claims involving psychological or psychiatric issues, without the consent of the treating mental health provider or claimant unless the disclosure is otherwise ordered by the director or an administrative law judge . The bill requires the director of the division to promulgate rules necessary for the implementation of the bill. The bill requires a person providing mental health services under the act to be a licensed mental health provider. in the state. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Bill Sponsors (3)

Votes


Actions


Jun 08, 2022

Office of the Governor

Governor Signed

Jun 01, 2022

Office of the Governor

Sent to the Governor

Senate

Signed by the President of the Senate

House

Signed by the Speaker of the House

May 10, 2022

House

House Considered Senate Amendments - Result was to Concur - Repass

May 09, 2022

House

House Considered Senate Amendments - Result was to Laid Over Daily

May 05, 2022

Senate

Senate Third Reading Passed - No Amendments

May 04, 2022

Senate

Senate Second Reading Special Order - Passed with Amendments - Committee

May 03, 2022

Senate

Senate Second Reading Laid Over Daily - No Amendments

May 02, 2022

Senate

Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole

  • Committee-Passage
  • Referral-Committee
Senate Committee of the Whole Business, Labor, & Technology

Apr 25, 2022

Senate

Introduced In Senate - Assigned to Business, Labor, & Technology

  • Introduction
Business, Labor, & Technology

House

House Third Reading Passed - No Amendments

Apr 22, 2022

House

House Second Reading Special Order - Passed with Amendments - Committee, Floor

Apr 21, 2022

House

House Second Reading Special Order - Laid Over Daily - No Amendments

House

House Committee on Appropriations Refer Unamended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
House Committee of the Whole Appropriations

Apr 12, 2022

House

House Committee on Public & Behavioral Health & Human Services Refer Amended to Appropriations

  • Referral-Committee
Appropriations Health & Human Services

Mar 31, 2022

House

Introduced In House - Assigned to Public & Behavioral Health & Human Services

  • Introduction
Public & Behavioral Health & Human Services Health & Human Services

Bill Text

Bill Text Versions Format
Signed Act (06/08/2022) PDF
Final Act (06/01/2022) PDF
Rerevised (05/05/2022) PDF
Revised (05/04/2022) PDF
Reengrossed (04/25/2022) PDF
Engrossed (04/22/2022) PDF
Introduced (03/31/2022) PDF
PA2 (05/03/2022) PDF
PA1 (04/14/2022) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note SA1 (04/20/2022) PDF
Fiscal Note FN1 (04/08/2022) PDF
Fiscal Note FN2 (04/19/2022) PDF
Fiscal Note FN3 (08/02/2022) PDF

Sources

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