Law / United States / 
Colorado
Patient records in the custody of health-care facilities and individual providers: inspection and copies
C.R.S. sections 25-1-801 and 25-1-802
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Disclosure
As of .
What it requires
- 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 Health Insurance Portability and Accountability Act (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)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Settledness
- As of
What this law does
Section 25-1-801 reaches every patient record in the custody of a health facility licensed or certified under section 25-1.5-103(1) or article 3 of title 25, or of an entity regulated under title 10 that provides health-care services.
Under sections 25-1-801 and 25-1-802, such a record must be 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).
Under section 25-1-801, a health-care facility must provide copies of a patient's medical records to the patient or the patient's personal representative on request and payment of the fee a covered entity may impose under Health Insurance Portability and Accountability Act (HIPAA), or to a third person who submits a HIPAA-compliant authorization, valid subpoena or court order.
Under section 25-1-801, a health-care facility must deliver the medical records in electronic format if the person requests it, the originals are stored in electronic format and the records are readily producible that way. Under section 25-1-801, a health-care facility may not charge a fee for the inspection of medical records.
Section 25-1-802 reaches every patient record in the custody of a podiatrist, chiropractor, dentist, doctor of medicine or osteopathy, nurse, optometrist, physical therapist or other provider it lists who is required to be licensed under title 12, or of a person practicing psychotherapy under article 245 of title 12.
Under section 25-1-802, a health-care provider must provide the medical records in electronic format if the person requests it, the originals are stored in electronic format and the records are readily producible that way. Under section 25-1-802, a health-care provider may not charge a fee for the inspection of medical records.
Section 25-1-801 does not require a person responsible for the diagnosis or treatment of sexually transmitted infections, a substance use disorder or drug use in the case of minors to release those records to a parent, guardian or other person than the minor or the minor's designated representative. House Bill 24-1360 (chapter 324 of the 2024 session laws) amended section 25-1-801(5)(c)(II)(A), effective . Sections 25-1-801 and 25-1-802 were added in 1976 as part 8 of article 1 of title 25 and took effect on .
When LexLint raises it
When your app profile says your app handles health records.