(1)(a) Every
patient record in the custody of a health facility licensed or certified pursuant to
section 25-1.5-103 (1) or article 3 of this title, or both, or any entity regulated under
title 10, C.R.S., providing health-care services, as defined in section 10-16-102 (33),
C.R.S., directly or indirectly through a managed care plan, as defined in section 10-16-102 (43), C.R.S., or otherwise, shall be available for inspection to the patient or
the patient's personal representative through the attending health-care provider or
the provider's designated representative at reasonable times and upon reasonable
notice, except records withheld in accordance with 45 CFR 164.524 (a). A summary
of records pertaining to a patient's mental health problems may, upon written
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(1) (a) Every
patient record in the custody of a health facility licensed or certified pursuant to
section 25-1.5-103 (1) or article 3 of this title, or both, or any entity regulated under
title 10, C.R.S., providing health-care services, as defined in section 10-16-102 (33),
C.R.S., directly or indirectly through a managed care plan, as defined in section 10-16-102 (43), C.R.S., or otherwise, shall be available for inspection to the patient or
the patient's personal representative through the attending health-care provider or
the provider's designated representative at reasonable times and upon reasonable
notice, except records withheld in accordance with 45 CFR 164.524 (a). A summary
of records pertaining to a patient's mental health problems may, upon written
request and signed and dated authorization, be made available to the patient or the
patient's personal representative following termination of the treatment program.
(b) (I) (A) A health facility licensed or certified pursuant to section 25-1.5-103
(1) or article 3 of this title, or both, or an entity regulated under title 10, C.R.S.,
providing health-care services, as defined in section 10-16-102 (33), C.R.S., directly
or indirectly through a managed care plan, as defined in section 10-16-102 (43),
C.R.S., or otherwise, must provide copies of a patient's medical records, including X
rays, to the patient or the patient's personal representative upon request and
payment of the fee a covered entity may impose in accordance with the Health
Insurance Portability and Accountability Act of 1996, Pub.L. 104-191, as amended,
and any rules promulgated pursuant to the act, or to a third person who requests
the records upon submission of a HIPAA-compliant authorization, valid subpoena, or
court order and upon the payment of the reasonable fees.
(B) The health-care facility must deliver the medical records in electronic
format if the person requests electronic format, the original medical records are
stored in electronic format, and the medical records are readily producible in
electronic format.
(II) In the event that a licensed health-care professional determines that a
copy of any X ray, mammogram, CT SCAN, MRI, or other film is not sufficient for
diagnostic or other treatment purposes, the health facility or entity shall make the
original of any such film available to the patient or another health-care professional
or facility as specifically directed by the patient pursuant to a written authorization-request for films and upon the payment of the reasonable costs for such film. If a
health facility releases an original film pursuant to this subparagraph (II), it shall not
be responsible for any loss, damage, or other consequences as a result of such
release. Any original X ray, mammogram, CT SCAN, MRI, or other film made
available pursuant to this subparagraph (II) shall be returned upon request to the
lending facility within thirty days.
(c) The hospital or related facility or institution shall post in conspicuous
public places on the premises a statement of the requirements set forth in
paragraphs (a) and (b) of this subsection (1) and shall make available a copy of said
statement to each patient upon admission.
(d) Nothing in this section requires a person responsible for the diagnosis or
treatment of sexually transmitted infections, a substance use disorder, or the use
of drugs in the case of minors pursuant to sections 13-22-102 and 25-4-409 to
release patient records of such diagnosis or treatment to a parent, guardian, or
person other than the minor or his or her designated representative.
(2) All requests by a patient or the patient's personal representative for
inspection of the patient's medical records made under this section shall be noted
with the time and date of the request and the time and date of inspection noted by
the attending health-care provider or his or her designated representative. The
patient or personal representative shall acknowledge the fact of the inspection by
dating and signing the record file. A health-care facility shall not charge a fee for
the inspection of medical records.
(3) Nothing in this section shall apply to any nursing institution conducted by
or for the adherents of any well-recognized church or religious denomination for
the purpose of providing facilities for the care and treatment of the sick who
depend exclusively upon spiritual means through prayer for healing and the
practice of the religion of such church or denomination.
(4) For the purposes of this section, medical information transmitted during
the delivery of health care via telemedicine, as defined in section 12-240-104 (10), is
part of the patient's medical record maintained by the health-care facility.
(5) Repealed.
Source: L. 76: Entire part added, p. 648, � 1, effective July 1. L. 83: (1)(a)
R&RE, p. 1040, � 1, effective May 20. L. 97: (1)(a) and (1)(b) amended, p. 348, � 1,
effective April 19. L. 2001: (4) added, p. 1163, � 10, effective January 1, 2002. L.
2003: (1)(a) and (1)(b)(I) amended, p. 708, � 36, effective July 1. L. 2009: (1)(d)
amended, (SB 09-179), ch. 112, p. 475, � 20, effective April 9. L. 2013: (1)(a) and
(1)(b)(I) amended, (HB 13-1266), ch. 217, p. 991, � 60, effective May 13. L. 2014: (1)(a),
(1)(b)(I), and (2) amended and (5) added, (HB 14-1186), ch. 125, p. 445, � 2, effective
April 18. L. 2016: (1)(d) amended, (SB 16-146), ch. 230, p. 922, � 21, effective July 1;
(5)(c)(II)(A) amended, (HB 16-1362), ch. 319, p. 1296, � 3, effective August 10. L.
2018: (1)(d) amended, (SB 18-091), ch. 35, p. 387, � 21, effective August 8. L. 2019: (4) amended, (SB 19-241), ch. 390, p. 3471, � 32, effective October 1; (4) amended,
(HB 19-1172), ch. 136, p. 1695, � 139, effective October 1. L. 2024: (5)(c)(II)(A)
amended, (HB 24-1360), ch. 324, p. 2167, � 7, effective July 1. L. 2025: (4) amended,
(HB 25-1024), ch. 59, p. 249, � 5, effective August 6; (5) repealed, (SB 25-275), ch.
377, p. 2109, � 336, effective August 6.