HB 17-1183

House Bill 17-1183, also known as the Mental Health Professional Disclosures Repeal Effect Clause, was passed to allow mental health professionals to share information with schools and law enforcement if a client poses a significant threat. However, because federal regulations under HIPAA do not require an exception for this sharing of information, the bill now removes any conditions that were tied to receiving approval from the federal government. This means that mental health professionals can proceed with sharing necessary information without waiting for additional federal clearance. The bill has been signed into law and is currently in effect.

Official Summary

In 2016, the general assembly enacted House Bill 16-1063, which allows mental health professionals to disclose to school and school district personnel and law enforcement agencies communications with a client if the client makes statements or exhibits behaviors that create an articulable and significant threat against a school or its occupants. The effect of the legislation was contingent on receipt from the secretary of the federal department of health and human services (HHS) of an exception to the privacy rule under the federal 'Health Insurance Portability and Accountability Act of 1996' (HIPAA). The state received notice from HHS that the legislation is not contrary to the HIPAA privacy rule and therefore does not qualify for an exception. Accordingly, the bill repeals the contingency provision. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Votes