NOTE: The governor signed this measure on 3/15/2013.
      
      
      HOUSE BILL 13-1015
      
      
      BY REPRESENTATIVE(S) Kraft-Tharp, Court, Duran, Exum, Fields,
      Fischer, Ginal, Hullinghorst, Kagan, Lee, Levy, McCann, McLachlan,
      Melton, Mitsch Bush, Pabon, Primavera, Rosenthal, Ryden, Schafer, Singer,
      Tyler, Williams, Young, Ferrandino;
      also SENATOR(S) Kefalas, Aguilar, Kerr, Nicholson, Tochtrop, Todd.
      
      
      Concerning elimination of the prohibition against disclosure of
           mental health claims information by small group health
           plans.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration. (1)  The general assembly
      hereby finds and determines that:
      
           (a)  With the passage of House Bill 10-1330, the general assembly
      authorized the creation of the all-payer health claims database to facilitate
      the reporting of health care and health quality data to enable transparency
      and public reporting of safety, quality, cost, and efficiency information at
      all levels of health care while also ensuring the privacy and security of
      personal health information as required by the federal "Health Insurance
      Portability and Accountability Act of 1996" and state law;
      
           (b)  The database includes data derived from private and public
      payers, including health insurance carriers, health plans, third-party
      administrators, pharmacy benefit managers, medicaid, and medicare;
      
           (c)  The database is administered by the center for improving value
      in health care and is the only comprehensive source of health care claims
      data from public and private payers in Colorado;
      
           (d)  Because the database is intended to be a comprehensive source
      of claims data, permitting small group carriers to disclose mental health
      history, diagnosis, or treatment services information received in an initial
      application for coverage or subsequent claims for benefits will allow the
      database to truly be comprehensive;
      
           (e)  Current law does not allow small group carriers to disclose
      mental health claims information, and the practical impact of the prohibition
      against sharing mental health claims information is that small group carriers
      are not reporting any health claims data to the all-payer claims database,
      which in turn greatly diminishes the amount of health claims data available
      to policymakers, patients, and health care providers;
      
           (f)  Repeal of this prohibition against disclosure of mental health
      claims information will:
      
           (I)  Bring small group laws into alignment with those governing
      large group and individual insurance, whose similar provisions were
      repealed in 2009 as part of changes to conform state law with federal law;
      and
      
           (II)  Enable policymakers, health care providers, health care
      purchasers, and patients to better track and measure the cost and quality
      improvements associated with providing behavioral health and primary care
      in both separate and integrated settings in order to evaluate different models
      of care;
      
           (g)  It is therefore imperative that the state remove this unintended
      barrier to claims data reporting, while ensuring compliance with federal and
      state laws protecting the privacy and security of personal health
      information, to enable policymakers, providers, and ultimately, consumers,
      to make informed decisions about the delivery of health care in Colorado.
      
           SECTION 2.  In Colorado Revised Statutes, 10-16-104, repeal (5)
      (d) (I) as follows:
      
           10-16-104.  Mandatory coverage provisions - definitions.
      (5) (d) (I)  No person shall disclose mental health history, diagnosis, or
      treatment services information received in an initial application for
      coverage or subsequent claims for benefits to any person, group,
      organization, or governmental agency, without written consent of the
      insured, except for purposes of obtaining professional review and
      judgments of quality and appropriateness of treatment rendered; for
      purposes of litigation proceedings involving the insured and when ordered
      by a court; for purposes of reinsurance, when required; for purposes of
      applying overinsurance provisions; and for purposes of claiming benefits
      for services on behalf of the insured.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO