§ 25-3-605 — Confidentiality

Colorado § 25-3-605

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Hospitals

Text

(1) Except as provided by subsection (5) of this
section, all information and materials obtained and compiled by the department
under this part 6 or compiled by a health facility under this part 6, including all
related information and materials, are confidential; are not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for release to any person,
subject to subsection (2) of this section; and may not be admitted as evidence or
otherwise disclosed in a civil, criminal, or administrative proceeding.

(2) The confidential protections under subsection (1) of this section shall
apply without regard to whether the information or materials are obtained from or
compiled by a health facility or an entity that has ownership or management
interests in a health facility.

(3) The transfer of information or materials under this part 6 is not a waiver
of a privilege or protection granted under law.

(4) Information reported by a health facility under this part 6 and analyses,
plans, records, and reports obtained, prepared, or compiled by a health facility
under this part 6 and all related information and materials are subject to an
absolute privilege and shall not be used in any form against the health facility, its
agents, employees, partners, assignees, or independent contractors in any civil,
criminal, or administrative proceeding, regardless of the means by which a person
came into possession of the information, analysis, plan, record, report, or related
information or materials.

(5) The provisions of this section regarding the confidentiality of information
or materials compiled or reported by a health facility in compliance with or as
authorized under this part 6 shall not restrict access, to the extent authorized by
law, by the patient or the patients' legally authorized representative to records of
the patient's medical diagnosis or treatment or to other primary health records.

Legislative History

Source: L. 2006: Entire part added, p. 1573, � 1, effective June 2.