§ 25.5-6-1707 — Records and confidentiality of information

Colorado § 25.5-6-1707

• Jurisdiction: Colorado
• Title 25.5: Health
• Art.: Colorado Medical Assistance Act -

Text

(1) A record for
each member receiving services must be diligently maintained by the case
management agency or the entity. The record must include, but not be limited to,
information pertaining to the determination of eligibility for services and the
person-centered support plan. The record is not a public record for purposes of the
Colorado Open Records Act, part 2 of article 72 of title 24.

(2) Except as otherwise provided by law, all information obtained and any
records prepared in the course of determining eligibility or providing long-term
services and supports pursuant to this article 6 or article 10 of this title 25.5 are
confidential and subject to the evidentiary privileges established by law. The
disclosure of this information and these records in any manner is permitted only:

(a) To the applicant or member receiving services, to the parents of a minor
receiving services, to the member's legal guardian, or to any person authorized by
the member receiving services;

(b) In communications between qualified professional personnel, including
the board of directors or governing body of the case management agency and
service agencies providing services to the member, to the extent necessary for the
acquisition, provision, oversight, or referral of long-term services and supports;

(c) To the extent necessary to make claims for aid, insurance, or medical
assistance to which a member receiving services may be entitled, or to access long-term services and supports pursuant to the person-centered support plan;

(d) For the purposes of evaluation, gathering statistics, or research when no
identifying information concerning a person or family is disclosed. Identifying
information is information which could reasonably be expected to identify a specific
person and includes, but is not limited to, name, address, telephone number, social
security number, medicaid number, household number, and photograph.

(e) To the court when necessary to implement the provisions of this article 6
or article 10 of this title 25.5;

(f) To persons authorized by a court order issued after a hearing, notice of
which was given to the member, parents or legal guardian, where appropriate, and
the custodian of the information;

(g) To safeguard the health and safety of an at-risk member by coordinating
appropriate services and medical supports;

(h) To the agency designated pursuant to 45 CFR 1326.20 as the protection
and advocacy system for Colorado when:

(I) The protection and advocacy system receives a complaint from or on
behalf of a member receiving services; and

(II) The person does not have a legal guardian or the state or the designee of
the state is the legal guardian of the person; and

(i) To the state department or the state department's designees as deemed
necessary by the executive director to fulfill the duties prescribed by this article 6
or article 10 of this title 25.5.

(3) Nothing in this section limits a member receiving services access to the
member's records.

(4) Nothing in this section interferes with the protections afforded to a
person under the federal Health Insurance Portability and Accountability Act of
1996, 42 U.S.C. sec. 1320d, and the federal Family Educational Rights and Privacy
Act of 1974, 20 U.S.C. sec. 1232g.

Legislative History

Source: L. 2021: Entire part added, (HB 21-1187), ch. 83, p. 318, � 1, effective September 7.