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HB22-1354

Protecting Injured Workers' Mental Health Records

Concerning mental health in workers' compensation cases.
Session:
2022 Regular Session
Subjects:
Business & Economic Development
Labor & Employment
Bill Summary

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.)

Status

Introduced
Passed
Became Law

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