July 22, 2014

HB 14-1323: Restricting Access of the Department of Revenue to Personal Medical Information

On March 18, 2014, Rep. Dianne Primavera and Sen. Kevin Lundberg introduced HB 14-1323 - Concerning Restrictions on the Ability of a Government Entity to Access an Individual’s Personal Medical InformationThis summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill prohibits the department of revenue from accessing an individual’s personal medical information or medical record without the individual’s consent. If a department employee authorizes the department, in its role as an employer, to access his or her personal medical information or medical record in connection with an employment-related request, occurrence, or claim, such as a request for a workplace accommodation or for family medical leave, the employee’s consent applies for the duration of the request, occurrence, or claim.

The bill does not preclude the department from accessing an invoice, receipt, or other documentation of a sale of a prescription drug or other item exempt from sales tax as long as:

  • Personal medical information or a medical record is not contained in the documentation; and
  • Any information that identifies or could be used to identify an individual patient or that indicates a patient’s diagnosis or treatment plan is redacted from the documentation.

Additionally, the department is not precluded from obtaining and using a written medical opinion in determining physical or mental fitness to operate a motor vehicle in accordance with procedures authorized by law.

The bill creates the government access to personal medical information task force to review, analyze, and make recommendations regarding the ability of state and local government departments and agencies to access, use, and distribute personal medical information. The governor appoints representatives from impacted state departments and universities and representatives from or of quasi-governmental entities, local governments, health care providers, health plans, mental health care consumers, consumer advocacy groups, consumers with chronic illnesses, consumers with cancer, and patient privacy rights groups to serve on the task force and is to invite the state auditor or his or her designee to participate. The task force is to meet no more than 4 times between July 15, 2014, and November 1, 2014, and is to submit its report and recommendations to specified legislative committees by November 1, 2014. Additionally, the task force is to present its report to the legislative committees during hearings held under the “State Measurements for Accountable, Responsive, and Transparent (SMART) Government Act.”

The bill passed out of the House on April 14. It is assigned to the Senate Health & Human Services Committee.

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