Duty LXD-6836
Handles health records, in Colorado
Each law's tag says when it binds: since in force from , in 7 weeks not yet in force
Patient records in the custody of health-care facilities and individual providers: inspection and copiessince 5 lines
C.R.S. sections 25-1-801 and 25-1-802 · Read the law's page
- If you are a health facility licensed or certified under Colorado law, or an entity regulated under title 10 providing health-care services, make every patient record available for inspection to the patient or the patient's personal representative through the attending health-care provider at reasonable times and on reasonable notice, except records withheld under 45 CFR 164.524(a). Do not charge a fee for inspection (section 25-1-801(1)(a) and (2)).
- If you are a podiatrist, chiropractor, dentist, doctor of medicine or osteopathy, nurse, certified midwife, optometrist, occupational therapist, audiologist, acupuncturist, direct-entry midwife, physical therapist, naturopathic doctor or psychotherapist licensed or registered under title 12, make a patient record available for inspection on a valid signed authorization at reasonable times and on reasonable notice, except records withheld under 45 CFR 164.524(a). Do not charge a fee for inspection (section 25-1-802(1)(a) and (4)).
- On request and payment of the fee a covered entity may impose under HIPAA, give the patient or the patient's personal representative a copy of the medical records, including X rays, and give a copy to a third person who submits a HIPAA-compliant authorization, a valid subpoena or a court order and pays reasonable fees. Deliver the records in electronic format if the person requests it, the originals are stored electronically and they are readily producible that way (sections 25-1-801(1)(b) and 25-1-802(1)(b)).
- If a licensed health-care professional determines that a copy of an X ray, mammogram, CT scan, MRI or other film is not sufficient for diagnosis or treatment, make the original available as the patient directs on a written or HIPAA-compliant authorization and payment of reasonable costs (sections 25-1-801(1)(b)(II) and 25-1-802(1)(b)(II)).
- If you are a hospital or related facility, post in conspicuous public places on the premises a statement of the inspection and copy requirements and give a copy of the statement to each patient on admission (section 25-1-801(1)(c)).
Confidentiality of enrollee and applicant health information held by a health maintenance organizationsince 1 line
C.R.S. section 10-16-423 · Read the law's page
- If you are a health maintenance organization, hold in confidence any data or information about the diagnosis, treatment or health of an enrollee or applicant that you obtain from that person or from a provider, and do not disclose it to any person except as necessary to carry out part 1 of article 16 of title 10 or part 4, on the express consent of the enrollee or applicant, under a statute or court order for the production of evidence, in a claim or litigation between that person and the organization where the information is pertinent, or as state or federal law otherwise requires or permits (section 10-16-423).
HB 26-1139 (2026), Use of Artificial Intelligence in Health Carefrom , in 7 weeks6 lines
Colo. HB 26-1139, 2026 Colo. Sess. Laws ch. 325 · Read the law's page
- Ensure that an AI system used for utilization review makes determinations based on the patient's medical or clinical history, individual clinical circumstances and other relevant clinical factors, with any denial of coverage reviewed by a licensed clinician, physician or other competent regulated professional
- Do not base a utilization review determination solely on group data without reference to the individual's data, and do not use the system in a way that discriminates against individuals in violation of state or federal law
- Periodically review the AI system to ensure its outcomes are accurate and reliable and that an individual's health data is not used beyond its intended or stated purpose
- Disclose to the Division of Insurance, the Department of Human Services or the Department of Health Care Policy and Financing, as applicable, the utilization review functions for which the AI system will be used and the points in the process where it will be used, the process for human oversight of adverse coverage determinations, and the process for maintaining audit information
- As a carrier, do not issue a denial of coverage based in whole or in part on medical necessity solely on the output of an AI system without human review by a licensed clinician, physician or other competent regulated professional
- As a carrier or a payer under the Colorado Medical Assistance Act or the Children's Basic Health Plan Act, do not pay for psychotherapy services provided directly to a client and conducted by an AI system