Access to health records related to maternal mortalities
(1)Intentionally left blank —Ed.
(a)Except as otherwise provided by law, the committee may access medical records related to maternal deaths upon request at any time up to seven years after the last treatment of a patient.
(b)A health-care provider or a health-care facility licensed or certified pursuant to article 3 of this title 25 shall provide medical records to the department concerning each maternal mortality for access by the members of the committee.
(c)Upon request of the department, a law enforcement officer shall provide a police report, and a coroner shall provide records of the coroner and medical examiner investigations, that involve a maternal death to the committee.
(d)A health-care provider, pharmacist, health-care facility, law enforcement officer, or coroner is not civilly or criminally liable for the release of medical records when making a good-faith effort to comply with this subsection (1).
(2)Intentionally left blank —Ed.
(a)The discussions in committee meetings or meetings of an ad hoc panel formed pursuant to section 25-52-104 (3) concerning details of a maternal death that could identify an individual involved are confidential and are not subject to section 24-6-402.
(b)The committee meeting notes, statements, medical records, reports, communications, and memoranda obtained by the committee that contain information that could identify an individual involved in a maternal death are confidential and are not subject to the “Colorado Open Records Act”, part 2 of article 72 of title 24.
(c)Members of the committee are not subject to subpoena in any civil, criminal, or administrative proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee; except that this subsection (2)(c) does not prevent a member of the committee from testifying regarding information or opinions obtained independently of the committee or that are public information.
(d)Notes, statements, medical records, reports, communications, and memoranda that are confidential pursuant to subsections (2)(a) and (2)(b) of this section are not:
(I)Subject to subpoena, discovery, or introduction into evidence in any civil, criminal, or administrative proceeding, unless the subpoena is directed to a source that is separate and apart from the committee. Nothing in this section limits or restricts the right to discover or use in a civil, criminal, or administrative proceeding notes, statements, medical records, reports, communications, or memoranda that are available from another source separate and apart from the committee and that arise entirely independent of the committee’s activities.
(II)Admissible as evidence in any action in any court or before any tribunal, board, agency, or person and shall not be exhibited or disclosed in any way by any person unless the information was obtained from another source that is separate and apart from the committee, except as may be necessary to further the duties of the committee or in response to an alleged violation of a confidentiality agreement pursuant to subsection (2)(e) of this section.
(e)Each committee member shall sign a confidentiality agreement that requires the member’s adherence to subsections (2)(a) and (2)(b) of this section. A member who knowingly violates the confidentiality agreement commits a petty offense.
Section 25-52-105 — Access to health records related to maternal mortalities,
https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-25.pdf (accessed Oct. 20, 2023).