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Bill Detail: HB22-1354

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Title Protecting Injured Workers' Mental Health Records
Status Governor Signed (06/08/2022)
Bill Subjects
  • Business & Economic Development
  • Labor & Employment
House Sponsors D. Michaelson Jenet (D)
M. Lindsay (D)
Senate Sponsors F. Winter (D)
House Committee Public and Behavioral Health & Human Services
Senate Committee Business, Labor and Technology
Date Introduced 03/31/2022
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;
  • Requires a mental health provider to provide an insurer
with mental health records, as necessary for payment,
adjustment, and adjudication of claims involving
psychiatric issues;
  • Prohibits the disclosure of mental health records to any
person who is not directly involved in adjusting or
adjudicating claims involving psychiatric issues without the
consent of the mental health provider or claimant;
  • Prohibits an insurer from releasing a claimant's mental
health records to the claimant's employer;
  • 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 psychiatric issues without the consent of
the treating mental health provider or claimant.
The bill requires the director of the division of workers'
compensation in the department of labor and employment (division) to:
  • Institute a training program relating to mental health
records for division employees responsible for medical
policy and claims management and processing; and
  • 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.

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