Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 16-0736.01 Richard Sweetman x4333HOUSE BILL 16-1358
                    HOUSE SPONSORSHIP
 Singer and Conti, 
 
                   SENATE SPONSORSHIP
 Lundberg and Jahn, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Public Health Care & Human Services
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning protecting the privacy of persons who seek
            treatment for substance use disorders.
       
       
                           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://www.leg.state.co.us/billsummaries.)
       
            Under current law, each approved public and private treatment
       facility must file with the unit in the department of human services that
       administers behavioral health programs and services (unit), on request,
       data, statistics, schedules, and information the unit reasonably requires.
       The bill states that the unit is not authorized to collect information or
       records that disclose an individual patient's name, social security number,
       or other personal identifying information. Additionally, on or before
       December 1, 2016, the unit shall take sufficient actions to ensure that
       none of the data, statistics, schedules, or information that it has collected
       and retained include any information or records that disclose an
       individual patient's name, social security number, or other personal
       identifying information.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 27-81-106, amend
       (4) as follows:
            27-81-106.  Standards for public and private treatment
       facilities - fees - enforcement procedures - penalties - repeal.
       (4) (a)  Each approved public and private treatment facility shall file with
       the unit, on request, data, statistics, schedules, and information the unit
       reasonably requires. An approved public or private treatment facility that
       fails without good cause to furnish any data, statistics, schedules, or
       information, as requested, or files fraudulent returns thereof shall be
       removed from the list of approved treatment facilities.
            (b) (I)  Nothing in this section authorizes the unit to
       collect information or records that disclose an individual
       patient's name, social security number, or other personal
       identifying information.
            (II) (A)  On or before December 1, 2016, the unit shall take
       sufficient actions to ensure that none of the data, statistics,
       schedules, or information that it has collected and retained
       pursuant to paragraph (a) of this subsection (4) include any
       information or records that disclose an individual patient's
       name, social security number, or other personal identifying
       information.
            (B)  This subparagraph (II) is repealed, effective December
       2, 2016.
            SECTION 2.  In Colorado Revised Statutes, 27-82-103, amend
       (4) as follows:
            27-82-103.  Standards for public and private treatment
       facilities - fees - enforcement procedures - penalties - repeal.
       (4) (a)  Each approved public and private treatment facility shall file with
       the unit, on request, data, statistics, schedules, and information the unit
       reasonably requires. An approved public or private treatment facility that
       fails without good cause to furnish any data, statistics, schedules, or
       information, as requested, or files fraudulent returns thereof shall be
       removed from the list of approved treatment facilities.
            (b) (I)  Nothing in this section authorizes the unit to
       collect information or records that disclose an individual
       patient's name, social security number, or other personal
       identifying information.
            (II) (A)  On or before December 1, 2016, the unit shall take
       sufficient actions to ensure that none of the data, statistics,
       schedules, or information that it has collected and retained
       pursuant to paragraph (a) of this subsection (4) include any
       information or records that disclose an individual patient's
       name, social security number, or other personal identifying
       information.
            (B)  This subparagraph (II) is repealed, effective December
       2, 2016.
            SECTION 3.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       10, 2016, if adjournment sine die is on May 11, 2016); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2016 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.