6 Colo. Code Regs. § 1011-1 Chapter 02, pt. 6

Current through Register Vol. 47, No. 20, October 25, 2024

Part 6 - ACCESS TO CLIENT RECORDS

6.1Facility or Agency Records

6.1.1 Except as hereinafter provided, client records in the custody of a facility or agency required to be certified under section 25-1.5-103(1)(II) or licensed under Part 1 of Article 3 of Title 25 of the C.R.S. shall be available to a client or their designated representative through the service provider or their designated representative at reasonable times and upon reasonable notice.

(A) If the service provider is deceased or unavailable, the current custodian of the record shall designate a substitute service provider for purposes of compliance with these regulations.

6.1.2 A statement of the facility's or agency'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 client upon admission to the facility or agency.

6.1.3 A client, whether current or discharged, of a facility or agency may inspect their own record within a reasonable time.

(A) If a client is currently being provided services by the agency or facility, records will normally be available for inspection by the client within three (3) business days.

(1) if the facility or agency is unable to make the records available for inspection within three (3) business days, the facility or agency will provide a written status update to the client explaining why the records are not available and an estimated date as to when the records will be made available.

(B) If a client has been discharged from the facility or agency, records will normally be available for inspection by the client within ten (10) business days.

(1) if the facility or agency is unable to make the records available for inspection within ten (10) business days, the facility or agency will provide a written status update to the client explaining why the records are not available and an estimated date as to when the records will be made available.

6.1.4 The client or designated representative shall sign and date the request. The service provider or their designated representative shall acknowledge in writing the client's or representative's request. After inspection, the client or designated representative shall sign and date the record to acknowledge inspection.

6.1.5 The client or designated representative shall not be charged for inspection of the client record.

6.1.6 A copy of the records must be made available to the client or their designated representative, upon request and payment of fees as set forth at section 25-1-801(5)(c), C.R.S. The records must be provided in electronic format if the request is for electronic format, the original records are stored in electronic format, and the records are readily producible in electronic format.

6.1.7 Records shall be kept in accordance with all applicable state and federal laws and regulations.

6.1.8 Access to Medical records contained within the client's records shall be accessed in a manner that is consistent with the Health Insurance Portability and Accountability Act of 1996.

6.2 Nothing in this Part 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.

6.3 If any changes/corrections, deletions, or other modifications are made to any portion of a client record, the person who is making the changes must note in the record the date, time, nature, reason, correction, deletion, or other modification, and their name, to the change, correction, deletion, or other modification.

6.4Effect of this Part 6 on Similar Rights of a Client

6.4.1 Nothing in this Part 6 shall be construed so as to limit the right of a client or the client's designated representative to inspect client records, including the client's medical or psychological data pursuant to section 24-72-204(3) (a)(I), C.R.S.

6.4.2 Nothing in this Part 6 shall be construed to require a person responsible for the diagnosis or treatment of venereal diseases or addiction to or use of drugs in the case of minors, pursuant to sections 25-4-402(4) and 13-22-102, C.R.S. to release records of such diagnosis or treatment to a parent, guardian, or person other than the minor or their designated representative.

6.4.3 Nothing in this Part 6 shall be construed to waive the responsibility of a custodian of medical records in facilities or agencies to maintain confidentiality of those records in its possession.

6.4.4 Nothing in this Part 6 shall limit the right of a client, the client's personal representative, or a person who requests the medical records upon submission of an authorization compliant with the Health Insurance Portability and Accountability Act of 1996, a valid subpoena, or a court order to inspect the client's records.

6 CCR 1011-1 Chapter 02, pt. 6