Confidentiality; Release of Records - Colo. Code Regs. §§ 502-1:21.170.2; 502-1:21.170.3

Both mental health and substance abuse treatment records are confidential and privileged to the patient, and may only be disclosed according to applicable federal and state law—including Colo. Rev. Stat. § 27-65-121, including Part 2 and HIPAA. Authorized members of the Department of Human Services may access confidential information to assure compliance with the rules.
 
Disclosure With Consent:
A patient may consent to disclosure of information relating to their mental health or substance abuse treatment by submitting a signed release with the following elements:
·         Intended recipient of disclosed information
·         Purpose for disclosure
·         Specific information to be disclosed
·         Information regarding right to revocation
·         Consent shall expire in two years (or less, if specified)
 
Disclosure Without Consent:
Confidential information may be released pursuant to the Protection and Advocacy System for Individuals with Mental Illness. A provider may communicate that confidential information is being withheld, except when the person requesting the information is the patient’s attorney, and in that case, the fact that information is being withheld must be communicated.
 
Disclosure Pursuant to Court Order:
If information is ordered by a court to be released, providers should attempt to notify the source of the information about the compelled disclosure.