Colorado Legislative Council Staff



(replaces fiscal impact dated January 23, 1999)

Drafting Number:

Prime Sponsor(s):

LLS 99-0272

Rep. Witwer



Bill Status:

Fiscal Analyst:

February 18, 1999

House Appropriations

Will Meyer (303-866-4976)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund



State Expenditures

General Fund



FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: TABOR

Effective Date: July 1, 1999

Appropriation Summary for FY 1999-2000: Department of Corrections: General Fund - $61,941

Local Government Impact: None

Summary of Legislation

            This bill, as amended in the House Health, Environment, Welfare and Institutions Committee, makes changes to the statutes that regulate the theft of medical records or information. The bill requires any person who knowingly obtains prescription drug dispensing information to keep such information confidential and prohibits any such person from using the information or disclosing the information to third parties, except for purposes directly connected with dispensing the prescription drug or processing the patient's claim for benefits under a managed care plan. The bill provides that any person who fails to comply with the bill's provisions commits a theft of a medical record or medical information.

State Expenditures

            Theft of medical records is a class 6 felony. Based on statistics provided by the Department of Corrections, it is anticipated that additional convictions and admissions to prison under the expanded offense would increase only slightly as these newly defined violations are primarily against health care providers and insurance carriers. It assumed that under the provisions of this bill, one offender every five years will be convicted of a class 6 felony of medical records. The estimated length of stay for persons convicted of such crime is 10.7 months.

Five-Year Fiscal Impact on Correctional Facilities

            Pursuant to Section 2-2-703, C.R.S., which requires that bills which would result in a net increase in periods of imprisonment not be passed without five years of appropriations for prison bed construction and operating costs, the following analysis is provided. Construction costs are estimated to be $69,467 per bed and operating costs $24,105 per bed. It should be noted that the construction costs reflect the funding needed to construct the beds in the fiscal year prior to when the additional offenders would enter the system.


Fiscal Year

ADA Impact

Construction Cost

Operating Cost

Total Cost

FY 1999-2000





FY 2000-2001





FY 2001-2002





FY 2002-2003





FY 2003-2004










State Appropriations

            This fiscal note implies that the Department of Corrections should be appropriated $61,941 out of the General Fund in FY 1999-00. In addition, the Department of Corrections would require the outstanding five-year appropriation as required by Section 2-2-703, C.R.S.

Departments Contacted


            DOC   Public Health and Environment         Regulatory Agencies              Judicial Branch

            Health Care Policy and Financing