As used in this part 6, unless the context otherwise requires:
(1) Department means the department of revenue.
(2) Medical information means any information contained in the medical record or any information pertaining to the medical, mental health, or health-care services performed at the direction of a physician or other licensed health-care provider that is protected by the physician-patient privilege established by section 13-90-107 (1)(d), C.R.S.
(3) (a) Medical record means the written or graphic documentation, sound recording, or computer record pertaining to medical, mental health, and health-care services, including medical marijuana services, performed at the direction of a physician or other licensed health-care provider on behalf of a patient by a physician, dentist, nurse, service provider, emergency medical service provider, mental health professional, prehospital provider, or other health-care personnel.
(b) Medical record includes diagnostic documentation such as X rays, electrocardiograms, electroencephalograms, and other test results and data entered into the prescription drug monitoring program under section 12-280-403.
(4) Personal medical information or medical record means an individual's medical information or a medical record:
(a) That identifies the individual; or
(b) With respect to which there is a reasonable basis to believe the information can be used to identify the individual.
Source: L. 2014: Entire part added, (HB 14-1323), ch. 297, p. 1242, � 1, effective May 31. L. 2019: (3)(b) amended, (HB 19-1172), ch. 136, p. 1694, � 136, effective October 1.
24-72-602. Access to personal medical information prohibited - exceptions. (1) The department shall neither access nor distribute an individual's personal medical information or medical record without the individual's consent concurrent with a request for access.
(2) When the department requests access to the personal medical information or medical record of an employee of the department in connection with one of the following employment-related requests, occurrences, or claims, the employee's consent applies throughout the duration of the employment-related request, occurrence, or claim for which the access to the employee's personal medical information or medical record is requested:
(a) Family medical leave;
(b) A request for a workplace accommodation under the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended;
(c) A request for short- or long-term disability benefits;
(d) Determining fitness to return to work after a lengthy absence;
(e) Physician verification of an absence exceeding three days;
(f) A request by a job applicant for an accommodation through the application process;
(g) A workers' compensation claim; or
(h) Disability retirement.
(3) This section does not:
(a) Prohibit the department from accessing an invoice, a sales receipt, or other documentation of a sale necessary to substantiate an exemption from state sales tax under section 39-26-717 as long as:
(I) No personal medical information or medical record is contained in the documentation; and
(II) Any information in the documentation that identifies or could be used to identify an individual patient or that indicates a patient diagnosis or treatment plan has been redacted from the documentation;
(b) Override the authority of the department to obtain and use a written medical opinion in accordance with section 42-2-112; or
(c) Apply to a request by the department for information in accordance with section 39-22-540 (6).
Source: L. 2014: Entire part added, (HB 14-1323), ch. 297, p. 1243, � 1, effective May 31. L. 2018: IP(3)(a), (3)(a)(II), and (3)(b) amended and (3)(c) added, (HB 18-1202), ch. 310, p. 1871, � 3, effective August 8.
Cross references: For the short title (Living Organ Donor Support Act) in HB 18-1202, see section 1 of chapter 310, Session Laws of Colorado 2018.
24-72-603. Government access to personal medical information task force - creation - membership - duties - report - repeal. (Repealed)
Source: L. 2014: Entire part added, (HB 14-1323), ch. 297, p. 1244, � 1, effective May 31.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2015. (See L. 2014, p. 1244.)