HB 1414

HOUSE BILL 26-1414
BY REPRESENTATIVE(S) McCluskie and Camacho, Bacon,
Boesenecker, Carter, Duran, Lieder, Lindsay, Nguyen, Ricks, Rutinel;
also SENATOR(S) Roberts and Kipp, Benavidez, Cutter, Kolker,
Marchman, Snyder, Coleman.
CONCERNING THE PROVISION OF MEDICAL RECORDS IN THE CUSTODY OF
     CERTAIN HEALTH-CARE ENTITIES.
Be it enacted by the General Assembly of the State of Colorado:
        SECTION 1. In Colorado Revised Statutes, 25-1-801, amend
(l)(b)(I)(A); and add (l)(b)(III), (l)(b)(IV), (l)(e), (l)(f), and (l)(g) as
follows:
       25-1-801. Patient records in custody of health-care facility -
definitions.
        (1) (b) (I) (A) A health facility licensed or certified pursuant to
section 25-1.5-103 (1) or article 3 of this title, 01 both, TITLE 25 or an entity
regulated under title 10, C.R.S., providing health-care services, as defined
in section 10-16-102, (33), C.R.S., directly or indirectly through a managed
care plan, as defined in section 10-16-102 (43), C.R.S., or otherwise, must
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
provide copies of a patient's medical records, including X rays, to the
patient or the patient's personal representative upon request and payment of
the fee a covered entity may impose in accordance with the "Health
Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as
amended, and any rules promulgated pursuant to the act, or to a third person
who requests the records upon submission of a HIPAA-compliant
authorization, valid subpoena, or court order and upon the payment of the
reasonable fees. FORA REQUEST NOT EXCEEDING SIX HUNDRED SIXTY-FOUR
PAGES, THE FEES CHARGED TO A THIRD PERSON SHALL NOT EXCEED THE
REASONABLE FEES.
       (Ill) THE TOTAL SUM OF FEES THAT A HEALTH-CARE FACILITY MAY
CHARGE AND COLLECT FORA RECORD REQUEST MADE BY AN ATTORNEY WHO
REPRESENTS THE PATIENT OR THE ATTORNEY OF THE PATIENT'S PERSONAL
REPRESENTATIVE, PURSUANT TO A SUBMISSION OF AN AUTHORIZATION IN
COMPLIANCE WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996", PUB.L. 104-91; A VALID SUBPOENA; ORA
VALID COURT ORDER, IF THE REQUESTED RECORD EXCEEDS SIX HUNDRED
SIXTY-FOUR PAGES, MUST NOT EXCEED FOUR HUNDRED DOLLARS.
      (IV)    ON JANUARY 1, 2028, AND EVERY JANUARY 1 EVERY
EVEN-NUMBERED YEAR THEREAFTER, THE FOUR-HUNDRED-DOLLAR LIMIT
SET FORTH IN SUBSECTION (l)(b)(III) OF THIS SECTION MUST BE ADJUSTED
FOR INFLATION. THE ADJUSTED LIMIT MUST BE ROUNDED TO THE NEAREST
WHOLE DOLLAR. THE SECRETARY OF STATE SHALL PUBLISH THE ADJUSTED
LIMIT ON ITS WEBSITE NO LATER THAN OCTOBER 1 OF EVERY YEAR THE LIMIT
IS SUBJECT TO AN ADJUSTMENT. THE ADJUSTED LIMIT MUST NOT BE
DECREASED BELOW FOUR HUNDRED DOLLARS. AS USED IN THIS SUBSECTION
( 1)(b )(IV), "INFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN THE
UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS
CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS
PAID BY ALL URBAN CONSUMERS, OR ITS SUCCESSOR INDEX.
      (e) SUBSECTION (l)(b)(III) OF THIS SECTION DOES NOT APPLY IF A
HEALTH-CARE FACILITY IS REQUIRED TO SEGREGATE, WITHHOLD, OR REDACT
PROTECTED HEALTH INFORMATION FROM THE REQUESTED RECORD TO
COMPLY WITH APPLICABLE LAW OR WITHIN THE SCOPE OR LIMITATIONS
DETAILED IN SUBSECTION (l)(b)(l11) OF THIS SECTION.
      (f) (I) THE HEALTH-CARE FACILITY SHALL DELIVER THE MEDICAL
PAGE 2-HOUSE BILL 26-1414
RECORDS IN ELECTRONIC FORMAT, UPON REQUEST AND PAYMENT OF THE
FEES DETAILED IN THIS SUBSECTION (1), IF:
      (A) THE INDIVIDUAL OR ENTITY REQUESTS ELECTRONIC FORMAT;
      (B) THE ORIGINAL MEDICAL RECORDS ARE STORED IN ELECTRONIC
FOR.MAT; AND
      (C)      THE MEDICAL RECORDS ARE READILY PRODUCIBLE IN
ELECTRONIC FORMAT.
      (II)   AN INVOICE FOR ALL RECORDS PROVIDED IN RESPONSE TO A
REQUEST FOR MEDICAL RECORDS MUST BE PROVIDED TO THE REQUESTOR
WITHIN THIRTY DAYS OF RECEIVING A VALID REQUEST, AND THE RECORDS
MUST BE PROVIDED UPON PAYMENT OF THE INVOICE.
      (III) IF A HEALTH-CARE FACILITY IS UNABLE TO PROVIDE ACCESS TO
MEDICAL RECORDS WITHIN THIRTY DAYS, AS REQUIRED BY SUBSECTION
(l)(f)(II) OF THIS SECTION, THE HEALTH-CARE FACILITY MAY EXTEND THE
TIME FRAME FOR PROVIDING RECORDS BY AN ADDITIONAL THIRTY DAYS AND
THE HEALTH-CARE FACILITY MUST NOTIFY THE REQUESTOR IN WRITING OF
THE EXTENSION WITHIN THE INITIAL THIRTY-DAY PERIOD.
      (IV) A RECORD NOT PROVIDED WITHIN THIRTY DAYS OR WITHOUT
WRITTENNOTIFICATIONOFATHIRTY-DAYEXTENSIONMUSTBEPROVIDEDTO
THE REQUESTORATNO COST, ABSENT AN INDEPENDENT INTERVENING FORCE
MAJEURE THAT RENDERS THE REQUESTED  RECORDS   INACCESSIBLE,
IRRETRIEVABLE, OR UNDELIVERABLE WITHIN THE REQUIRED TIME FRAME. IF
A HEALTH-CARE FACILITY IS UNABLE TO COMPLY WITH A REQUEST FOR
MEDICAL RECORDS WITHIN THE TIME REQUIRED PURSUANT TO THIS
SUBSECTION (l)(t)(IV) DUE TO A FORCE MAJEURE EVENT, THE FACILITY
SHALL PROVIDE WRITTEN NOTICE TO THE REQUESTOR. THE NOTICE MUST BE
GIVEN AS SOON AS REASONABLY PRACTICABLE, BUT NOT LATER THAN FIVE
BUSINESS DAYS AFTER THE FACILITY BECOMES AWARE OF THE FORCE
MAJEURE EVENT. FOR EXISTING REQUESTS, OR NOT LATER THAN FIVE
BUSINESS DAYS AFTER RECEIPT OF A NEW REQUEST, THE THIRTY DAY TIME
PERIOD TO RESPOND TO A REQUEST FOR RECORDS COMMENCES UPON
RESOLUTION OF THE FORCE MAJE URE EVENT. THE ENTITY SHALL NOTIFY THE
REQUESTOR WITHIN FIVE BUSINESS DAYS AFTER THE FORCE MAJEURE EVENT
HAS BEEN RESOLVED. ALL NOTICES REQUIRED PURSUANT TO THIS
PAGE 3-HOUSE BILL 26-1414
SUBSECTION ( 1)(f)(IV) MUST BE DELIVERED IN THE SAME FORMAT IN WHICH
IT WAS RECEIVED. AS USED IN THIS SUBSECTION (l)(f)(IV), "FORCE
MAJEURE" MEANS A FACTOR OUTSIDE THE PARTIES' CONTROL THAT MEANS
PERFORMANCE OF THE TASK IS IMPOSSIBLE OR IMPRACTICABLE AS A RESULT
OF AN EVENT OR EFFECT THAT THE PARTIES COULD NOT HA VE ANTICIPATED
OR CONTROLLED.
       (g) NOTHING IN SUBSECTION (l)(b), (l)(e), OR(l)(t) OF THIS SECTION
REQUIRES A HEALTH-CARE FACILITY TO DISCLOSE INFORMATION THAT IS
PRIVILEGED, CONFIDENTIAL, OR PROTECTED FROM DISCOVERY OR ADMISSION
UNDER STATE OR FEDERAL LAW, INCLUDING PURSUANT TO SECTIONS
12-30-204 AND 25-3-109, OR 42 U.S.C. SEC. 1320c-1.
        SECTION 2. In Colorado Revised Statutes, 25-1-802, amend
(l)(b)(l)(A); and add (l)(b)(l11), (l)(b)(IV), (l)(e), (l)(f), and (l)(g) as
follows:
      25-1-802. Patient records in custody of individual health-care
providers - definitions.
        ( 1) (b) (I) (A) A health facility licensed or certified pursuant to
section 25-1.5-103 (1) or article 3 of this title, 01 both, TITLE 25, or an entity
regulated under title 10, C.R.S., providing health-care services, as defined
in section 10-16-102, (33), C.R.S., directly or indirectly through a managed
care plan, as defined in section 10-16-102 (43), C.R.S., or otherwise, must
provide copies of a patient's medical records, including X rays, to the
patient or the patient's personal representative upon request and payment of
the fee a covered entity may impose in accordance with the "Health
Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as
amended, and any rules promulgated pursuant to the act, or to a third person
who requests the records upon submission of a HIPAA-compliant
authorization, valid subpoena, or court order and upon the payment of the
reasonable fees. FORA REQUEST NOT EXCEEDING SIX HUNDRED SIXTY-FOUR
PAGES, THE FEES CHARGED TO A THIRD PERSON SHALL NOT EXCEED THE
REASONABLE FEES.
      (111) THE TOTAL SUM OF FEES THAT A HEALTH-CARE PROVIDER MAY
CHARGE AND COLLECT FORA RECORD REQUEST MADE BY AN ATTORNEY WHO
REPRESENTS THE PATIENT OR THE ATTORNEY OF THE PATIENT'S PERSONAL
REPRESENTATIVE, PURSUANT TO A SUBMISSION OF AN AUTHORIZATION IN
PAGE 4-HOUSE BILL 26-1414
COMPLIANCE WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996",PUB.L.104-91,A VALIDSUBPOENA,ORA
VALID COURT ORDER, IF THE REQUESTED RECORD EXCEEDS SIX HUNDRED
SIXTY-FOUR PAGES, MUST NOT EXCEED FOUR HUNDRED DOLLARS.
       (IV) ON JANUARY 1, 2028, AND EVERY JANUARY 1 EVERY EVEN-
NUMBERED YEAR THEREAFTER, THE FOUR-HUNDRED-DOLLAR LIMIT SET
FORTH IN SUBSECTION ( 1)(b )(Ill) OF THIS SECTION MUST BE ADJUSTED FOR
INFLATION. THE ADJUSTED LIMIT MUST BE ROUNDED TO THE NEAREST WHOLE
DOLLAR. THE SECRETARY OF STATE SHALL PUBLISH THE ADJUSTED LIMIT ON
ITS WEBSITE NO LATER THAN OCTOBER 1 OF EVERY YEAR THE LIMIT IS
SUBJECT TO AN ADJUSTMENT. THE ADJUSTED LIMIT MUST NOT BE DECREASED
BELOW FOUR HUNDRED DOLLARS. As USED IN THIS SUBSECTION ( 1)(b )(IV),
"INFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN THE UNITED
STATESDEPARTMENTOFLABOR'SBUREAUOFLABORSTATISTICSCONSUMER
PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL
URBAN CONSUMERS, OR ITS SUCCESSOR INDEX.
      (e) SUBSECTION (l)(b)(III) OF THIS SECTION DOES NOT APPLY IF A
HEALTH-CARE PROVIDER IS REQUIRED TO SEGREGATE, WITHHOLD, OR
REDACT PROTECTED HEALTH INFORMATION FROM THE REQUESTED RECORD
TO COMPLY WITH APPLICABLE LAW OR WITHIN THE SCOPE OR LIMITATIONS
DETAILED IN SUBSECTION ( 1)(b )(III) OF THIS SECTION.
      (f) (I) THE HEALTH-CARE PROVIDER SHALL DELIVER THE MEDICAL
RECORDS IN ELECTRONIC FORMAT, UPON REQUEST AND PAYMENT OF THE
FEES DETAILED IN THIS SUBSECTION (1), IF:
      (A) THE INDIVIDUAL OR ENTITY REQUESTS ELECTRONIC FORMAT;
      (B) THE ORIGINAL MEDICAL RECORDS ARE STORED IN ELECTRONIC
FORMAT;AND
      (C)    THE MEDICAL RECORDS ARE READILY PRODUCIBLE IN
ELECTRONIC FORMAT.
      (II) AN INVOICE FOR ALL RECORDS PROVIDED IN RESPONSE TO A
REQUEST FOR MEDICAL RECORDS MUST BE PROVIDED TO THE REQUESTOR
WITHIN THIRTY DAYS OF RECEIVING A VAUD REQUEST, AND THE RECORDS
MUST BE PROVIDED UPON PAYMENT OF THE INVOICE.
PAGE 5-HOUSE BILL 26-1414
       (Ill) IF A HEALTH-CARE PROVIDER IS UNABLE TO PROVIDE ACCESS TO
MEDICAL RECORDS WITHIN THIRTY DAYS, AS REQUIRED BY SUBSECTION
(l)(t)(II) OF THIS SECTION, THE HEALTH-CARE PROVIDER MAY EXTEND THE
TIME FRAME FOR PROVIDING RECORDS BY AN ADDITIONAL THIRTY DAYS AND
THE HEALTH-CARE PROVIDER MUST NOTIFY THE REQUESTOR IN WRITING OF
THE EXTENSION WITHIN THE INITIAL THIRTY-DAY PERIOD.
       (IV) A RECORD NOT PROVIDED WITHIN THIRTY DAYS OR WITHOUT
WRITTEN NOTIFICATION OF A THIRTY-DAY EXTENSION MUST BE PROVIDED TO
THE REQUESTORATNO COST, ABSENT AN INDEPENDENT INTERVENING FORCE
MAJEURE THAT RENDERS THE REQUESTED RECORDS  INACCESSIBLE,
IRRETRIEVABLE, OR UNDELIVERABLE WITHIN THE REQUIRED TIME FRAME. IF
A HEALTH-CARE FACILITY IS UNABLE TO COMPLY WITH A REQUEST FOR
MEDICAL RECORDS WITHIN THE TIME REQUIRED PURSUANT TO THIS
SUBSECTION (l)(t)(IV) DUE TO A FORCE MAJEURE EVENT, THE FACILITY
SHALL PROVIDE WRITTEN NOTICE TO THE REQUESTOR. THE NOTICE MUST BE
GIVEN AS SOON AS REASONABLY PRACTICABLE, BUT NOT LATER THAN FIVE
BUSINESS DAYS AFTER THE FACILITY BECOMES AWARE OF THE FORCE
MAJEURE EVENT. FOR EXISTING REQUESTS, OR NOT LATER THAN FIVE
BUSINESS DAYS AFTER RECEIPT OF A NEW REQUEST, THE THIRTY DAY TIME
PERIOD TO RESPOND TO A REQUEST FOR RECORDS COMMENCES UPON
RESOLUTION OF THE FORCE MAJ EURE EVENT. THE ENTITY SHALL NOTIFY THE
REQUESTOR WITHIN FIVE BUSINESS DAYS AFTER THE FORCE MAJEURE EVENT
HAS BEEN RESOLVED. ALL NOTICES REQUIRED PURSUANT TO THIS
SUBSECTION ( 1)(t)(IV) MUST BE DELIVERED IN THE SAME FORMAT IN WHICH
IT WAS RECEIVED. As USED IN THIS SUBSECTION (l)(t)(IV), "FORCE
MAJEURE" MEANS A FACTOR OUTSIDE THE PARTIES' CONTROL THAT MEANS
PERFORMANCE OF THE TASK IS IMPOSSIBLE OR IMPRACTICABLE AS A RESULT
OF AN EVENTOREFFECTTHATTHE PARTIES COULD NOT HAVE ANTICIPATED
OR CONTROLLED.
      (g) NOTHING IN SUBSECTION ( 1 )(b ), ( 1)( e ), OR ( 1 )(t) OF THIS SECTION
REQUIRES A HEALTH-CARE PROVIDER TO DISCLOSE INFORMATION THAT IS
PRIVILEGED, CONFIDENTIAL, OR PROTECTED FROM DISCOVERY OR ADMISSION
UNDER STATE OR FEDERAL LAW, INCLUDING PURSUANT TO SECTIONS
12-30-204 AND 25-3-109, OR 42 U.S.C. SEC. 1320c.
       SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
PAGE 6-HOUSE BILL 26-1414
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
approved .by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
~
SPEAKER OF THE HOUSE
                                                 James Rashad Coleman, Sr.
                                                          PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~~
Vanessa ReillY  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
                   Jared S. Polis
                   GOVERNOROFTHESTATEOFCOLORADO
PAGE 7-HOUSE BILL 26-1414