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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0458.01 Chelsea Princell x4335 HOUSE BILL 26-1414
House Committees Senate Committees
Finance
A BILL FOR AN ACT
CONCERNING THE PROVISION OF MEDICAL RECORDS IN THE CUSTODY101
OF CERTAIN HEALTH-CARE ENTITIES.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill caps the amount that a health-care entity or health-care
provider may charge for a record request made by a patient's attorney or
personal representative, pursuant to an authorization in compliance with
the federal "Health Insurance Portability and Accountability Act of 1996",
a valid subpoena, or a valid court order, if the requested record exceeds
664 pages at $400 unless the record request requires the health-care
HOUSE SPONSORSHIP
McCluskie and Camacho,
SENATE SPONSORSHIP
Roberts and Kipp,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
facility or health-care provider to segregate, withhold, or redact protected
health information in order to comply with applicable law or the scope or
limitations of the authorization in compliance with the federal "Health
Insurance Portability and Accountability Act of 1996", a valid subpoena,
or a valid court order, in which case the health-care entity or health-care
provider may charge a reasonable fee.
The bill requires the requested medical records to be delivered in
electronic format if certain conditions are met.
The bill requires that all medical records be provided in response
to a request for medical records within 30 days after the health-care entity
receives payment for the request.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-1-801, add2
(1)(b)(III), (1)(e), (1)(f), and (1)(g) as follows:3
25-1-801. Patient records in custody of health-care facility.4
(1) (b) (III) T HE TOTAL SUM OF FEES THAT A HEALTH -CARE5
FACILITY MAY CHARGE AND COLLECT FOR A RECORD REQUEST MADE BY6
AN ATTORNEY WHO REPRESENTS THE PATIENT OR THE PATIENT'S PERSONAL7
REPRESENTATIVE, PURSUANT TO A SUBMISSION OF AN AUTHORIZATION IN8
COMPLIANCE WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND9
ACCOUNTABILITY ACT OF 1996", PUB.L. 104-91; A VALID SUBPOENA; OR10
A VALID COURT ORDER, IF THE REQUESTED RECORD EXCEEDS SIX HUNDRED11
SIXTY-FOUR PAGES, MUST NOT EXCEED FOUR HUNDRED DOLLARS.12
(e) SUBSECTION (1)(b)(III) OF THIS SECTION DOES NOT APPLY IF A13
HEALTH-CARE FACILITY IS REQUIRED TO SEGREGATE , WITHHOLD , OR14
REDACT PROTECTED HEALTH INFORMATION FROM THE REQUESTED RECORD15
TO COMPLY WITH APPLICABLE LAW OR WITHIN THE SCOPE OR LIMITATIONS16
DETAILED IN SUBSECTION (1)(b)(III) OF THIS SECTION.17
(f) (I) THE HEALTH-CARE FACILITY SHALL DELIVER THE MEDICAL18
RECORDS IN ELECTRONIC FORMAT, UPON REQUEST AND PAYMENT OF THE19
HB26-1414-2-
FEES DETAILED IN THIS SUBSECTION (1), IF:1
(A) THE INDIVIDUAL OR ENTITY REQUESTS ELECTRONIC FORMAT;2
(B) THE ORIGINAL MEDICAL RECORDS ARE STORED IN ELECTRONIC3
FORMAT; AND4
(C) T HE MEDICAL RECORDS ARE READILY PRODUCIBLE IN5
ELECTRONIC FORMAT.6
(II) A LL RECORDS PROVIDED IN RESPONSE TO A REQUEST FOR7
MEDICAL RECORDS MUST BE PROVIDED TO THE REQUESTOR WITHIN THIRTY8
DAYS AFTER THE HEALTH-CARE FACILITY RECEIVES AN AUTHORIZATION IN9
COMPLIANCE WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND10
ACCOUNTABILITY ACT OF 1996", PUB.L. 104-191; A SUBPOENA ; OR A11
VALID COURT ORDER, AND PAYMENT OF REASONABLE FEES.12
(III) IF A HEALTH-CARE FACILITY IS UNABLE TO PROVIDE ACCESS13
TO MEDICAL RECORDS WITHIN THIRTY DAYS, AS REQUIRED BY SUBSECTION14
(1)(f)(II) OF THIS SECTION, THE HEALTH-CARE FACILITY MAY EXTEND THE15
TIME FRAME FOR PROVIDING RECORDS BY AN ADDITIONAL THIRTY DAYS16
AND THE HEALTH-CARE FACILITY MUST NOTIFY THE PATIENT IN WRITING17
OF THE EXTENSION NO LATER THAN SEVEN DAYS BEFORE THE INITIAL18
THIRTY-DAY PERIOD EXPIRES.19
(IV) A RECORD NOT PROVIDED WITHIN THIRTY DAYS MUST BE20
PROVIDED TO THE REQUESTOR AT NO COST , ABSENT AN INDEPENDENT21
INTERVENING FORCE MAJEURE THAT RENDERS THE REQUESTED RECORDS22
INACCESSIBLE, IRRETRIEVABLE , OR UNDELIVERABLE WITHIN THE23
THIRTY-DAY TIME FRAME. FOR PURPOSES OF THIS SUBSECTION (1)(f)(IV),24
FORCE MAJEURE IS LIMITED TO EXTRAORDINARY AND UNFORESEEN EVENTS25
SUCH AS A NATURAL DISASTER, PANDEMIC, OR ACT OF WAR AND DOES NOT26
INCLUDE BUSINESS DELAYS SUCH AS UNEXPECTED TECHNOLOGY DELAYS,27
HB26-1414-3-
INCREASED WORKLOAD DEMANDS, OR STAFFING SHORTAGES.1
(V) T HE HEALTH -CARE FACILITY SHALL PROVIDE AN INVOICE2
CONTAINING ALL APPLICABLE FEES TO THE INDIVIDUAL REQUESTING3
RECORDS NO LATER THAN FIFTEEN DAYS AFTER THE HEALTH -CARE4
FACILITY RECEIVES THE REQUEST FOR RECORDS.5
(g) N OTHING IN SUBSECTION (1)(b), (1)(e), OR (1)(f) OF THIS6
SECTION REQUIRES A HEALTH-CARE FACILITY TO DISCLOSE INFORMATION7
THAT IS PRIVILEGED, CONFIDENTIAL, OR PROTECTED FROM DISCOVERY OR8
ADMISSION UNDER STATE OR FEDERAL LAW , INCLUDING PURSUANT TO9
SECTIONS 12-30-204 AND 25-3-109, OR 42 U.S.C. SEC. 1320c-1.10
SECTION 2. In Colorado Revised Statutes, 25-1-802, add11
(1)(b)(III), (1)(e), (1)(f), and (1)(g) as follows:12
25-1-802. Patient records in custody of individual health-care13
providers.14
(1) (b) (III) T HE TOTAL SUM OF FEES THAT A HEALTH -CARE15
PROVIDER MAY CHARGE AND COLLECT FOR A RECORD REQUEST MADE BY16
AN ATTORNEY WHO REPRESENTS THE PATIENT OR THE PATIENT'S PERSONAL17
REPRESENTATIVE, PURSUANT TO A SUBMISSION OF AN AUTHORIZATION IN18
COMPLIANCE WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND19
ACCOUNTABILITY ACT OF 1996", PUB.L. 104-91, A VALID SUBPOENA, OR20
A VALID COURT ORDER, IF THE REQUESTED RECORD EXCEEDS SIX HUNDRED21
SIXTY-FOUR PAGES, MUST NOT EXCEED FOUR HUNDRED DOLLARS.22
(e) SUBSECTION (1)(b)(III) OF THIS SECTION DOES NOT APPLY IF A23
HEALTH-CARE PROVIDER IS REQUIRED TO SEGREGATE , WITHHOLD , OR24
REDACT PROTECTED HEALTH INFORMATION FROM THE REQUESTED RECORD25
TO COMPLY WITH APPLICABLE LAW OR WITHIN THE SCOPE OR LIMITATIONS26
DETAILED IN SUBSECTION (1)(b)(III) OF THIS SECTION.27
HB26-1414-4-
(f) (I) THE HEALTH-CARE PROVIDER SHALL DELIVER THE MEDICAL1
RECORDS IN ELECTRONIC FORMAT, UPON REQUEST AND PAYMENT OF THE2
FEES DETAILED IN THIS SUBSECTION (1), IF:3
(A) THE INDIVIDUAL OR ENTITY REQUESTS ELECTRONIC FORMAT;4
(B) THE ORIGINAL MEDICAL RECORDS ARE STORED IN ELECTRONIC5
FORMAT; AND6
(C) T HE MEDICAL RECORDS ARE READILY PRODUCIBLE IN7
ELECTRONIC FORMAT.8
(II) A LL RECORDS PROVIDED IN RESPONSE TO A REQUEST FOR9
MEDICAL RECORDS MUST BE PROVIDED TO THE REQUESTOR WITHIN THIRTY10
DAYS AFTER THE HEALTH-CARE PROVIDER RECEIVES AN AUTHORIZATION11
IN COMPLIANCE WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY12
AND ACCOUNTABILITY ACT OF 1996", PUB.L. 104-191; A SUBPOENA; OR13
A VALID COURT ORDER, AND PAYMENT OF REASONABLE FEES.14
(III) IF A HEALTH-CARE PROVIDER IS UNABLE TO PROVIDE ACCESS15
TO MEDICAL RECORDS WITHIN THIRTY DAYS, AS REQUIRED BY SUBSECTION16
(1)(f)(II) OF THIS SECTION, THE HEALTH-CARE PROVIDER MAY EXTEND THE17
TIME FRAME FOR PROVIDING RECORDS BY AN ADDITIONAL THIRTY DAYS18
AND THE HEALTH-CARE PROVIDER MUST NOTIFY THE PATIENT IN WRITING19
OF THE EXTENSION NO LATER THAN SEVEN DAYS BEFORE THE INITIAL20
THIRTY-DAY PERIOD EXPIRES.21
(IV) A RECORD NOT PROVIDED WITHIN THIRTY DAYS MUST BE22
PROVIDED TO THE REQUESTOR AT NO COST , ABSENT AN INDEPENDENT23
INTERVENING FORCE MAJEURE THAT RENDERS THE REQUESTED RECORDS24
INACCESSIBLE, IRRETRIEVABLE , OR UNDELIVERABLE WITHIN THE25
THIRTY-DAY TIME FRAME. FOR PURPOSES OF THIS SUBSECTION (1)(f)(IV),26
FORCE MAJEURE IS LIMITED TO EXTRAORDINARY AND UNFORESEEN EVENTS27
HB26-1414-5-
SUCH AS A NATURAL DISASTER, PANDEMIC, OR ACT OF WAR AND DOES NOT1
INCLUDE BUSINESS DELAYS SUCH AS UNEXPECTED TECHNOLOGY DELAYS,2
INCREASED WORKLOAD DEMANDS, OR STAFFING SHORTAGES.3
(V) T HE HEALTH -CARE PROVIDER SHALL PROVIDE AN INVOICE4
CONTAINING ALL APPLICABLE FEES TO THE INDIVIDUAL REQUESTING5
RECORDS NO LATER THAN FIFTEEN DAYS AFTER THE HEALTH -CARE6
PROVIDER RECEIVES THE REQUEST FOR RECORDS.7
(g) N OTHING IN SUBSECTION (1)(b), (1)(e), OR (1)(f) OF THIS8
SECTION REQUIRES A HEALTH-CARE PROVIDER TO DISCLOSE INFORMATION9
THAT IS PRIVILEGED, CONFIDENTIAL, OR PROTECTED FROM DISCOVERY OR10
ADMISSION UNDER STATE OR FEDERAL LAW , INCLUDING PURSUANT TO11
SECTIONS 12-30-204 AND 25-3-109, OR 42 U.S.C. SEC. 1320c.12
SECTION 3. Act subject to petition - effective date. This act13
takes effect at 12:01 a.m. on the day following the expiration of the14
ninety-day period after final adjournment of the general assembly (August15
12, 2026, if adjournment sine die is on May 13, 2026); ex cept that, if a16
referendum petition is filed pursuant to section 1 (3) of article V of the17
state constitution against this act or an item, section, or part of this act18
within such period, then the act, item, section, or part will not take effect19
unless approved .by the people at the general election to be held in20
November 2026 a nd, in such cas e, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
HB26-1414-6-