Bill Sponsor
Colorado House Bill 1354
Session 2022A
Protecting Injured Workers' Mental Health Records
Became Law
Became Law
Signed by Governor on Jun 8, 2022
Sponsors
Democrat
Mandy Lindsay
Democrat
Dafna Michaelson Jenet
Democrat
Faith Winter
First Action
Mar 31, 2022
Latest Action
Jun 8, 2022
Origin Chamber
House
Type
Bill
Bill Number
1354
State
Colorado
Session
2022A
Sponsorship by Party
Democrat
Primary
Democrat
Primary
Summary
The act clarifies provisions in the "Workers' Compensation Act of Colorado" (workers' compensation act) relating to the release and disclosure of mental health records pertaining to an injured employee making a claim under the workers' compensation act (claimant). The act: Defines "mental health records" 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 employer, as necessary, to enable to employer to comply with applicable state and federal laws, rules, and regulations; and to the referring physician and any other relevant treating or evaluating providers; Prohibits the disclosure of mental health records to any person who is not reasonably necessary for the medical evaluation, adjustment, or adjudication of claims involving psychological or psychiatric issues, unless otherwise directed by order of the director of the division of workers' compensation (director) or an administrative law judge; Permits an insurer 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 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, unless the disclosure is otherwise ordered by the director or an administrative law judge. The act authorizes the director to promulgate rules necessary for the implementation of the act. The act requires a person providing mental health services under the workers' compensation act to be a licensed mental health provider. (Note: This summary applies to this bill as enacted.)
Actions (17)
06/08/2022
Office of the Governor
Governor Signed
06/01/2022
Office of the Governor
Sent to the Governor
06/01/2022
Senate
Signed by the President of the Senate
06/01/2022
House
Signed by the Speaker of the House
05/10/2022
House
House Considered Senate Amendments - Result was to Concur - Repass
05/09/2022
House
House Considered Senate Amendments - Result was to Laid Over Daily
05/05/2022
Senate
Senate Third Reading Passed - No Amendments
05/04/2022
Senate
Senate Second Reading Special Order - Passed with Amendments - Committee
05/03/2022
Senate
Senate Second Reading Laid Over Daily - No Amendments
05/02/2022
Senate
Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
04/25/2022
Senate
Introduced In Senate - Assigned to Business, Labor, & Technology
04/25/2022
House
House Third Reading Passed - No Amendments
04/22/2022
House
House Second Reading Special Order - Passed with Amendments - Committee, Floor
04/21/2022
House
House Second Reading Special Order - Laid Over Daily - No Amendments
04/21/2022
House
House Committee on Appropriations Refer Unamended to House Committee of the Whole
04/12/2022
House
House Committee on Public & Behavioral Health & Human Services Refer Amended to Appropriations
03/31/2022
House
Introduced In House - Assigned to Public & Behavioral Health & Human Services
Sources
Record Created
Apr 1, 2022 12:41:38 AM
Record Updated
Aug 20, 2022 1:49:22 AM