Access to Patient Records in Colorado

The law in Colorado on access to patient Hospital records is as follows:

6 CCR 1011-1 Chap 02-5.2. HEALTH CARE ENTITY RECORDS 5.2.1 Except as hereinafter provided, patient records in the custody of health care entities required to be certified under Section 25-1.5-103(1)(II) or licensed under Part 1 of Article 3 of Title25 of the C.R.S. shall be available to a patient or his/her designated representative through the attending health care provider or his/her designated representative at reasonable times and upon reasonable notice. 5.2.2 Inpatient Records 5.2.2.1 While an inpatient in a facility described in 5.2.1, a person may inspect his/her patient record within a reasonable time, which should normally not exceed 24 hours of request (excluding weekends and holidays). The patient or designated representative shall sign and date the request. The attending health care provider or his/her designated representative shall acknowledge in writing the patient’s or representative’s request. After inspection, the patient or designated representative shall sign and date the patient record to acknowledge inspection. 5.2.2.2 The patient or designated representative shall not be charged for inspection. 5.2.2.3 If the attending health care provider feels that any portion of the patient record pertaining to psychiatric or psychological problems or any doctor’s notes would have a significant negative psychological impact upon the patient, the attending health care provider shall so indicate on his/her acknowledgment of the patient’s or representative’s request to inspect the patient record. The attending health care provider or his/her designated representative shall so inform the patient or representative within a reasonable time, normally not to exceed 24 hours, excluding holidays and weekends. The facility shall permit inspection of the remaining portions or the patient record. The portion of the patient record pertaining to psychiatric or psychological problems or doctor’s notes may then be withheld from the patient or representative until completion of the treatment program, if in the opinion of an independent third party who is a licensed physician practicing psychiatry, the portion of the record would have a significant negative psychological impact upon the patient. The Department of Public Health and Environment, upon request of either the patient or the attending health care provider, shall identify an independent third party psychiatrist to review the record and render a final decision. If the record or a portion thereof pertaining to psychiatric or psychological problems or doctor’s note having a significant negative psychological impact is withheld from the patient, a summary thereof prepared by the attending health care provider may be available following termination of the treatment program, upon written, signed and dated request by the patient or his/her designated representative, without the necessity of further consultation with an independent third party. 5.2.2.4 A statement setting forth the requirements of 5.2 of these regulations, the facility’s procedures for obtaining records, and the right to appeal grievances regarding access to records to the Department of Public Health and Environment shall be posted in conspicuous public places on the premises and made available to each patient upon admission to the facility. 5.2.3 Discharged Inpatient Record 5.2.3.1 A discharged inpatient or his/her designated representative may inspect or obtain a copy of his/her record after submitting a signed and dated request to the facility. The attending health care provider or his/her designated representative shall acknowledge in writing the patient’s or representative’s request. After inspection, the patient or designated representative shall sign and date the record to acknowledge inspection. 5.2.3.2 The facility shall make a copy of the record available or make the record available for inspection within a reasonable time, from the date of the signed request, normally not to exceed ten days, excluding weekends and holidays, unless the attending health care provider or designated representative is unavailable to acknowledge the request, in which case the facility shall so inform the patient and provide the patient record as soon as possible. 5.2.3.3 Discharged patients or their representatives shall not be charged for inspection of patient records. 5.2.3.4 Reserved. 5.2.3.5 If the patient or the patient’s designated representative so approves, the facility may supply a written interpretation by the attending health care provider or his/her designated representative of records, such as X-rays, which cannot be reproduced without special equipment. If the requestor prefers to obtain a copy of such records, he/she must pay the actual cost of such reproduction. 5.2.3.6 If the attending health care provider feels that any portion of the patient record pertaining to psychiatric or psychological problems or any doctor’s notes would have a significant negative psychological impact upon the patient, the attending health care provider shall so indicate on his/her acknowledgment of the patient’s or representative’s request to inspect or obtain a copy of the patient’s record. The attending health care provider or his/her designated representative shall so inform the patient or representative within a reasonable time of the date of the request, normally not to exceed five days, excluding weekends and holidays. The facility shall permit inspection or provide a copy of the remaining portion of the record within that time. The portion of the patient record pertaining to psychiatric or psychological problems may then be withheld from the patient or representative until completion of the treatment program if, in the opinion of an independent third party who is a licensed physician practicing psychiatry, the portion of the patient record would have a significant negative psychological impact upon the patient. The Department of Public Health and Environment, upon request of either the patient or the attending health care provider, shall identify an independent third party psychiatrist to review the record and render a final decision. If the patient record or a portion thereof pertaining to psychiatric or psychological problems or doctor’s note having a significant negative psychological impact is withheld from the patient, a summary thereof prepared by the attending health care provider may be available following termination of the treatment program, upon written, signed and dated request by the patient or his/her designated representative, without the necessity of further consultation with an independent third party. 5.2.4 Nothing in this section shall apply to any nursing facility 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. 5.2.5 EMERGENCY ROOM RECORDS. Patient records in the custody of emergency rooms of facilities described in 5.2.1 shall be available to patients or their designated representatives in the same manner as inpatient or discharged inpatient records. 5.2.6 If any changes/corrections, deletions, or other modifications are made to any portion of a patient record, the person must note in the record the date, time, nature, reason, correction, deletion, or other modification, his/her name and the name of a witness, to the change, correction, deletion or other modification. Cite as 6 CCR 1011-1 Chap 02-5.2 History. 37 CR 22, November 25, 2014, effective 12/15/2014

6 CCR 1011-1 Chap 02-5.2 – HEALTH CARE ENTITY RECORDS

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