§ 25-54-102 — Statewide system for advance directives created - rules

Colorado § 25-54-102

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Statewide System for Advance Health-Care Directives

Text

(1)
The department has the following powers and duties with respect to the provision
of a statewide electronic system, referred to in this section as the system, that
allows qualified individuals to upload and access advance medical directives:

(a) To ensure that qualified individuals may access the system for treatment
purposes that are allowed under the federal Health Insurance Portability and
Accountability Act of 1996, Pub.L. 104-191, as amended;

(b) To contract with one or more health information organization networks
for the creation, administration, and maintenance of the system; and

(c) To promulgate rules in accordance with article 4 of title 24 to oversee the
provisions of this article 54, including but not limited to rules establishing:

(I) Criteria for qualified individuals to have access to the system and advance
medical directives;

(II) Procedures by which a qualified individual may add or remove an advance
medical directive to or from the system;

(III) Procedures by which a qualified individual may access and download an
advance medical directive from the system; and

(IV) Procedures and safeguards for ensuring the confidentiality and secure
storage of the information contained in an advance medical directive that is added
to and maintained in the system.

(2) (a) Upon the request of an individual, or authorized surrogate decision-maker, a qualified provider that has an agreement with the health information
organization network as required under the federal Health Insurance Portability
and Accountability Act of 1996, Pub.L. 104-191, as amended, may upload the
individual's advance health-care directive to the system. The advance health-care
directive shall only be uploaded to the system by a qualified provider after the
individual or authorized surrogate decision-maker has consulted with the qualified
provider in person or through telehealth, as defined in section 10-16-123 (4)(e). A
qualified provider that uploads an advance health-care directive to the system is
not subject to civil or criminal liability or regulatory sanction for action taken in
accordance with this subsection (2).

(b) Prior to the upload of an advance health-care directive to the system, the
individual, or authorized surrogate decision-maker, shall sign an electronic affidavit
in the presence of a qualified provider affirming the advance health-care directive is
appropriately executed, current, and accurate. Signing the electronic affidavit
revokes any prior advance health-care directives of the same type previously
uploaded to the system.

(c) The individual, or authorized surrogate decision-maker, is responsible for
ensuring that the advance health-care directive uploaded to the system is
appropriately executed, current, and accurate.

(3) Emergency medical service personnel, an individual health-care provider,
a health-care facility, or any other person or entity that complies with an advance
health- care directive accessed from the system is not subject to civil or criminal
liability or regulatory sanction for action taken in accordance with the advance
health-care directive, unless the person or entity has actual knowledge of an
advance health-care directive properly executed after the date of the advance
health-care directive that is uploaded to the system.

Legislative History

Source: L. 2019: Entire article added, (SB 19-073), ch. 186, p. 2079, � 1, effective August 2. L. 2020: (2)(a) amended, (SB 20-212), ch. 235, p. 1140, � 4, effective July 6.