SENATE BILL 97207
BY SENATOR Blickensderfer;
also REPRESENTATIVES Schauer, Pfiffner, and Schwarz.
CONCERNING A RESTRICTION ON ACCESS OF GOVERNMENTAL
ENTITIES TO WORKERS' COMPENSATION CLAIM FILES TO THOSE ENTITIES
WITH DUTIES RELATING SPECIFICALLY TO THE ENFORCEMENT OF THE "WORKERS'
COMPENSATION ACT OF COLORADO".
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 847203
(1) (c), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
847203. Access to files,
records, and orders. (1) Notwithstanding
the provisions of section 847202, the filing of a
claim for compensation is deemed to be a limited waiver of the
doctorpatient privilege to persons who are necessary to
resolve the claim. Access to claim files maintained by the division
will be permitted only as follows:
(c) (I) The director may permit access
to other governmental entities ONLY as required for the performance
of their official duties AND ONLY IF THOSE OFFICIAL DUTIES RELATE
TO ENFORCEMENT OF PROVISIONS OF ARTICLES 40 TO 47 OF THIS TITLE.
AS USED IN THIS SUBPARAGRAPH (I), "ENFORCEMENT" INCLUDES
DUTIES OF GOVERNMENTAL ENTITIES INVOLVED IN THE ADMINISTRATION
OF THE PROVISIONS OF ARTICLES 40 TO 47 OF THIS TITLE OR IF SUCH
DUTIES RELATE TO THE ENFORCEMENT OF CHILD SUPPORT UNDER SECTION
2613122, C.R.S. THIS PROVISION IS NOT INTENDED TO
RESTRICT THE RIGHTS OF PERSONS OTHERWISE PROVIDED FOR IN ARTICLES
40 TO 47 OF THIS TITLE TO INSPECT AND COPY FILES.
(II) THE GENERAL ASSEMBLY INTENDS THAT
ANY CONTRACT, AGREEMENT, OR ANY OTHER MEANS TO TRANSFER INFORMATION
BETWEEN THE DEPARTMENT OF LABOR AND EMPLOYMENT AND ANY OTHER GOVERNMENTAL
ENTITY RELATED TO ACCESS TO CLAIM FILES IN EFFECT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH (c), AS AMENDED, SHALL BE CONFORMED
TO THE PROVISIONS OF THIS PARAGRAPH (c), AS AMENDED, OR TERMINATED
AS AUTHORIZED BY LAW.
SECTION 2. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO