The bill clarifies provisions in the Workers' Compensation Act of Colorado (act) relating to the release and disclosure of mental health records pertaining to an injured employee making a claim under the act (claimant). The bill: • Defines mental health records as psychological or psychiatric intake evaluation or progress notes or psychiatric independent medical examination and division
independent medical examination records pertaining to a claimant; • Requires a mental health provider to provide an insurer with mental health records, as necessary for payment, adjustment, and adjudication of claims involving psychiatric issues; • Prohibits the disclosure of mental health records to any person who is not directly involved in adjusting or adjudicating claims involving psychiatric issues without the consent of the mental health provider or claimant; • Prohibits an insurer from releasing a claimant's mental health records to the claimant's employer; • Limits an insurer's disclosure of a claimant's mental health records to an employer, supervisor, or manager to only information from the mental health records pertaining to work restrictions placed on the claimant; and • For a self-insured employer: • Requires the employer to keep a claimant's mental health records separate from personnel files; • Limits disclosure of the claimant's mental health records to a supervisor or manager to only information from the mental health records pertaining to work restrictions placed on the claimant; and • Prohibits disclosure of the claimant's mental health records to any third party and redisclosure by the third party to any person who is not directly involved in adjusting or adjudicating claims involving psychiatric issues without the consent of the treating mental health provider or claimant. The bill requires the director of the division of workers' compensation in the department of labor and employment (division) to: • Institute a training program relating to mental health records for division employees responsible for medical policy and claims management and processing; and • Promulgate rules necessary for the implementation of the bill. The bill requires a person providing mental health services under the act to be a licensed mental health provider in the state.
