Amendments for HB24-1217
House Journal, February 28
1 HB24-1217 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend printed bill, page 3, lines 4 and 5, strike "FOR INDIVIDUALS
6 SEEKING" and substitute "REGARDING".
7
8 Page 3, line 7, strike "CONSTITUTES" and substitute "MUST CONTAIN ALL
9 ELEMENTS NECESSARY TO CONSTITUTE".
10
11 Page 3, line 9, strike "CONSTITUTES" and substitute "MUST CONTAIN ALL
12 ELEMENTS NECESSARY TO CONSTITUTE".
13
14 Page 3, strike lines 13 through 16.
15
16 Page 3, strike lines 17 through 20 and substitute:
17
18 "(I) CLEARLY STATES THAT THE RELEASE FORM PERMITS
19 DISCLOSURE OF AN INDIVIDUAL'S PROTECTED HEALTH INFORMATION BUT
20 DOES NOT REQUIRE DISCLOSURE;".
21
22 Renumber succeeding subparagraphs accordingly.
23
24 Page 3, line 22, strike "HAVE CONSENTED" and substitute "THE
25 INDIVIDUAL HAS AUTHORIZED".
26
27 Page 4, line 4, strike "SIX" and substitute "TWELVE".
28
29 Page 4, strike lines 11 through 14 and substitute:
30
31 "(3) NOTHING IN THIS SECTION REQUIRES A PERSON TO USE OR
32 RELY ON THE RELEASE FORM CREATED PURSUANT TO THIS SECTION WHEN
33 AUTHORIZATION FOR DISCLOSURE OF PROTECTED HEALTH INFORMATION
34 IS REQUIRED UNDER HIPAA OR 42 CFR 2.
35 (4) NOTHING IN THIS SECTION REQUIRES AUTHORIZATION WHEN
36 DISCLOSURE OF PROTECTED HEALTH INFORMATION IS PERMITTED WITHOUT
37 AUTHORIZATION UNDER HIPAA OR 42 CFR 2.
38 (5) IF A RELEASE FORM CONFLICTS OR IS INCONSISTENT WITH
39 ANOTHER AUTHORIZATION OR CONSENT FORM FOR AN INDIVIDUAL, A
40 PROVIDER OR COVERED ENTITY MAY CHOOSE WHETHER TO RELY UPON THE
41 RELEASE FORM AND INCURS NO LIABILITY AS A CONSEQUENCE OF
42 CHOOSING TO RELY UPON THE RELEASE FORM OR TO NOT RELY UPON THE
43 RELEASE FORM. A PROVIDER OR COVERED ENTITY INCURS NO LIABILITY
44 FOR NOT DISCLOSING INFORMATION PROVIDED IN A RELEASE FORM IF THE
45 PROVIDER OR COVERED ENTITY HAS A GOOD FAITH, REASONABLE BELIEF
46 THAT THE INDIVIDUAL HAS REVOKED THE RELEASE FORM. A PROVIDER OR
47 COVERED ENTITY IS PRESUMED TO HAVE ACTED IN GOOD FAITH AND WITH
48 A REASONABLE BELIEF. THIS PRESUMPTION MAY BE REBUTTED BY CLEAR
49 AND CONVINCING EVIDENCE.".
50
51 Renumber succeeding subsections accordingly.
52
53 Page 5, after line 27 insert:
54
55 "(g) DISCUSS THE ROLE OF THE CENTRALIZED DIGITAL CONSENT
56 REPOSITORY IN CRISIS SITUATIONS AND HOW TO ENSURE EMERGENT
1 INFORMATION IS COMMUNICATED IN A TIMELY MANNER BETWEEN A
2 PATIENT, A PROVIDER OR FACILITY, AND OTHER AUTHORIZED PERSONS;".
3
4 Reletter succeeding paragraphs accordingly.
5
6 Page 6, line 11, before "LICENSED" insert "A REPRESENTATIVE OF A
7 HEALTH INFORMATION ORGANIZATION NETWORK; A REPRESENTATIVE OF
8 A HOSPITAL;".
9
10 Page 6, line 12, strike "PROVIDERS INCLUDING," and substitute
11 "PROVIDERS, INCLUDING".
12
13 Page 7, after line 16 insert:
14
15 "(VII) FAMILY HISTORY, RELATIONSHIPS, OR SOCIAL CONTEXT;".
16
17 Renumber succeeding subparagraphs accordingly.
18
19 Page 8, line 17, strike "ENTITY." and substitute "ENTITY, UNLESS A
20 PATIENT HAS AUTHORIZED THE DISCLOSURE OF THE PATIENT'S FORM OR OF
21 THE PATIENT'S FULL MENTAL HEALTH RECORD OR UNLESS A COURT OR
22 OTHER LEGAL AUTHORITY HAS ORDERED SUCH DISCLOSURE.".
23
24 Page 8, after line 25 insert:
25
26 "(e) IF A PATIENT EXPLICITLY OBJECTS TO A COVERED ENTITY
27 RECEIVING INFORMATION REGARDING THE PATIENT FROM A SPECIFIC
28 INDIVIDUAL, THE COVERED ENTITY SHALL NOT ACCEPT INFORMATION
29 FROM THE SPECIFIC INDIVIDUAL.".
30
31
House Journal, April 23
10 HB24-1217 be amended as follows, and as so amended, be referred to
11 the Committee of the Whole with favorable
12 recommendation:
13
14 Amend the Health and Human Services Committee Report, dated
15 February 27, 2024, strike page 1 and substitute:
16
17 "Amend printed bill, page 2, line 3, strike "(14.5), and (17.5)" and
18 substitute "and (14.5)".
19
20 Page 2 of the bill, line 8, strike "27-50-111" and substitute "27-50-110".
21
22 Page 2 of the bill, strike lines 14 and 15.
23
24 Page 2 of the bill, lines 16 and 17, strike "27-50-109, 27-50-110, and
25 27-50-111" and substitute "27-50-109 and 27-50-110".
26
27 Strike pages 3 and 4 of the bill.
28
29 Page 5 of the bill, strike line 1.
30
31 Renumber succeeding C.R.S. sections accordingly.".
32
33 Page 2 of the report, strike lines 1 through 18.
34
35 Page 2 of the report, strike lines 30 through 32 and substitute:
36
37 "Page 7 of the bill, strike lines 4 through 20 and substitute:
38
39 "(1) (a) ON OR BEFORE JULY 1, 2025, THE BHA SHALL CREATE A FRIENDS
40 AND FAMILY INPUT FORM TO ALLOW AN INDIVIDUAL TO PROVIDE A
41 TREATING PROFESSIONAL OR A LICENSED OR DESIGNATED FACILITY OR
42 ORGANIZATION WITH INFORMATION RELATED TO A PATIENT RECEIVING
43 MENTAL HEALTH OR SUBSTANCE USE SERVICES, INCLUDING:
44 (I) INFORMATION ABOUT A PATIENT'S:
45 (A) DIAGNOSIS;
46 (B) PAST HOSPITALIZATIONS;
47 (C) DE-ESCALATION TECHNIQUES;
48 (D) CURRENT AND PAST PROVIDERS AND THEIR CONTACT
49 INFORMATION;
50 (E) POTENTIAL TRIGGERS;
51 (F) HOUSING STATUS;
52 (G) FAMILY HISTORY, RELATIONSHIPS, OR SOCIAL CONTEXT;
53 (H) CURRENT MEDICAL CONDITIONS; AND
54 (I) CURRENT AND PAST MEDICATIONS; AND
55
1 (II) ANY OTHER INFORMATION AS DETERMINED BY THE BHA
2 BASED ON FEEDBACK RECEIVED FROM STAKEHOLDERS.
3 (b) THE FRIENDS AND FAMILY INPUT FORM MUST INCLUDE A CLEAR
4 STATEMENT THAT THE FRIENDS AND FAMILY INPUT FORM MAY BECOME
5 PART OF THE PATIENT'S MEDICAL RECORD.".".
6
7 Page 2 of the report, line 33, strike "ENTITY, UNLESS A" and substitute
8 "ENTITY IF A PATIENT EXPRESSLY PROHIBITS DISCLOSURE, EXCEPT IF A
9 COURT OR OTHER LEGAL AUTHORITY HAS ORDERED THE DISCLOSURE.".".
10
11 Page 3 of the report, strike lines 1 through 3.
12
13 Page 3 of the report, line 7, strike "SHALL NOT" and substitute "IS NOT
14 REQUIRED TO".
15
16 Page 3 of the report, after line 8, insert:
17
18 "Page 8 of the bill, line 26, strike "(4) (a)" and substitute "(4)".
19
20 Page 9 of the bill, strike lines 3 through 10.
21
22 Page 10 of the bill, strike line 27 and substitute:
23
24 "(8) THE BHA SHALL PROMULGATE RULES FOR BEHAVIORAL
25 HEALTH SAFETY NET PROVIDERS RELATED TO MAINTAINING AND
26 RELEASING PATIENT INFORMATION AND IMPLEMENTING THE FRIENDS AND
27 FAMILY INPUT FORM.".
28
29 Page 11 of the bill, strike line 1.
30
31 Page 11 of the bill, before line 2 insert:
32
33 "SECTION 3. Appropriation. (1) For the 2024-25 state fiscal
34 year, $50,604 is appropriated to the department of human services. This
35 appropriation is from the general fund. To implement this act, the
36 department may use this appropriation as follows:
37 (a) $18,599 for use by the behavioral health administration for
38 behavioral health consent forms related to integrated behavioral health
39 services, which amount is based on an assumption that the administration
40 will require an additional 0.2 FTE; and
41 (b) $32,005 for the purchase of legal services.
42 (2) For the 2024-25 state fiscal year, $32,005 is appropriated to
43 the department of law. This appropriation is from reappropriated funds
44 received from the department of human services under subsection (1)(b)
45 of this section and is based on an assumption that the department of law
46 will require an additional 0.1 FTE. To implement this act, the department
47 of law may use this appropriation to provide legal services for the
48 department of human services.".
49
50 Renumber succeeding section accordingly.
51
52 Page 1 of the bill, line 102, strike "INFORMATION." and substitute
53 "INFORMATION, AND, IN CONNECTION THEREWITH, MAKING AN
54 APPROPRIATION.".".
55
56