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-HOUSE BILL 26-1414
-BY REPRESENTATIVE(S) McCluskie and Camacho, Bacon,
-Boesenecker, Carter, Duran, Lieder, Lindsay, Nguyen, Ricks, Rutinel;
-also SENATOR(S) Roberts and Kipp, Benavidez, Cutter, Kolker,
-Marchman, Snyder, Coleman.
-CONCERNING THE PROVISION OF MEDICAL RECORDS IN THE CUSTODY OF
-CERTAIN HEALTH-CARE ENTITIES.
-Be it enacted by the General Assembly of the State of Colorado:
-SECTION 1. In Colorado Revised Statutes, 25-1-801, amend
-(l)(b)(I)(A); and add (l)(b)(III), (l)(b)(IV), (l)(e), (l)(f), and (l)(g) as
-follows:
-25-1-801. Patient records in custody of health-care facility -
-definitions.
-(1) (b) (I) (A) A health facility licensed or certified pursuant to
-section 25-1.5-103 (1) or article 3 of this title, 01 both, TITLE 25 or an entity
-regulated under title 10, C.R.S., providing health-care services, as defined
-in section 10-16-102, (33), C.R.S., directly or indirectly through a managed
-care plan, as defined in section 10-16-102 (43), C.R.S., or otherwise, must
-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
-through words or numbers indicate deletions from existing law and such material is not part of
-the act.
-provide copies of a patient's medical records, including X rays, to the
-patient or the patient's personal representative upon request and payment of
-the fee a covered entity may impose in accordance with the "Health
-Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as
-amended, and any rules promulgated pursuant to the act, or to a third person
-who requests the records upon submission of a HIPAA-compliant
-authorization, valid subpoena, or court order and upon the payment of the
-reasonable fees. FORA REQUEST NOT EXCEEDING SIX HUNDRED SIXTY-FOUR
-PAGES, THE FEES CHARGED TO A THIRD PERSON SHALL NOT EXCEED THE
-REASONABLE FEES.
-(Ill) THE TOTAL SUM OF FEES THAT A HEALTH-CARE FACILITY MAY
-CHARGE AND COLLECT FORA RECORD REQUEST MADE BY AN ATTORNEY WHO
-REPRESENTS THE PATIENT OR THE ATTORNEY OF THE PATIENT'S PERSONAL
-REPRESENTATIVE, PURSUANT TO A SUBMISSION OF AN AUTHORIZATION IN
-COMPLIANCE WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND
-ACCOUNTABILITY ACT OF 1996", PUB.L. 104-91; A VALID SUBPOENA; ORA
-VALID COURT ORDER, IF THE REQUESTED RECORD EXCEEDS SIX HUNDRED
-SIXTY-FOUR PAGES, MUST NOT EXCEED FOUR HUNDRED DOLLARS.
-(IV) ON JANUARY 1, 2028, AND EVERY JANUARY 1 EVERY
-EVEN-NUMBERED YEAR THEREAFTER, THE FOUR-HUNDRED-DOLLAR LIMIT
-SET FORTH IN SUBSECTION (l)(b)(III) OF THIS SECTION MUST BE ADJUSTED
-FOR INFLATION. THE ADJUSTED LIMIT MUST BE ROUNDED TO THE NEAREST
-WHOLE DOLLAR. THE SECRETARY OF STATE SHALL PUBLISH THE ADJUSTED
-LIMIT ON ITS WEBSITE NO LATER THAN OCTOBER 1 OF EVERY YEAR THE LIMIT
-IS SUBJECT TO AN ADJUSTMENT. THE ADJUSTED LIMIT MUST NOT BE
-DECREASED BELOW FOUR HUNDRED DOLLARS. AS USED IN THIS SUBSECTION
-( 1 )(b )(IV), "INFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN THE
-UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS
-CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS
-PAID BY ALL URBAN CONSUMERS, OR ITS SUCCESSOR INDEX.
-(e) SUBSECTION (l)(b)(III) OF THIS SECTION DOES NOT APPLY IF A
-HEAL TH-CARE FACILITY IS REQUIRED TO SEGREGATE, WITHHOLD, OR REDACT
-PROTECTED HEALTH INFORMATION FROM THE REQUESTED RECORD TO
-COMPLY WITH APPLICABLE LAW OR WITHIN THE SCOPE OR LIMITATIONS
-DETAILED IN SUBSECTION (l)(b)(l11) OF THIS SECTION.
-(f) (I) THE HEALTH-CARE FACILITY SHALL DELIVER THE MEDICAL
-PAGE 2-HOUSE BILL 26-1414
-RECORDS IN ELECTRONIC FORMAT, UPON REQUEST AND PAYMENT OF THE
-FEES DETAILED IN THIS SUBSECTION (1), IF:
-(A) THE INDIVIDUAL OR ENTITY REQUESTS ELECTRONIC FORMAT;
-(B) THE ORIGINAL MEDICAL RECORDS ARE STORED IN ELECTRONIC
-FOR.MAT; AND
-(C) THE MEDICAL RECORDS ARE READILY PRODUCIBLE IN
-ELECTRONIC FORMAT.
-(II) AN INVOICE FOR ALL RECORDS PROVIDED IN RESPONSE TO A
-REQUEST FOR MEDICAL RECORDS MUST BE PROVIDED TO THE REQUESTOR
-WITHIN THIRTY DAYS OF RECEIVING A VALID REQUEST, AND THE RECORDS
-MUST BE PROVIDED UPON PAYMENT OF THE INVOICE.
-(III) IF A HEALTH-CARE FACILITY IS UNABLE TO PROVIDE ACCESS TO
-MEDICAL RECORDS WITHIN THIRTY DAYS, AS REQUIRED BY SUBSECTION
-(l)(f)(II) OF THIS SECTION, THE HEALTH-CARE FACILITY MAY EXTEND THE
-TIME FRAME FOR PROVIDING RECORDS BY AN ADDITIONAL THIRTY DAYS AND
-THE HEALTH-CARE FACILITY MUST NOTIFY THE REQUESTOR IN WRITING OF
-THE EXTENSION WITHIN THE INITIAL THIRTY-DAY PERIOD.
-(IV) A RECORD NOT PROVIDED WITHIN THIRTY DAYS OR WITHOUT
-WRITTENNOTIFICATIONOFATHIRTY-DAYEXTENSIONMUSTBEPROVIDEDTO
-THE REQUESTORATNO COST, ABSENT AN INDEPENDENT INTERVENING FORCE
-MAJEURE THAT RENDERS THE REQUESTED RECORDS INACCESSIBLE,
-IRRETRIEVABLE, OR UNDELIVERABLE WITHIN THE REQUIRED TIME FRAME. IF
-A HEALTH-CARE FACILITY IS UNABLE TO COMPLY WITH A REQUEST FOR
-MEDICAL RECORDS WITHIN THE TIME REQUIRED PURSUANT TO THIS
-SUBSECTION (l)(t)(IV) DUE TO A FORCE MAJEURE EVENT, THE FACILITY
-SHALL PROVIDE WRITTEN NOTICE TO THE REQUESTOR. THE NOTICE MUST BE
-GIVEN AS SOON AS REASONABLY PRACTICABLE, BUT NOT LATER THAN FIVE
-BUSINESS DAYS AFTER THE FACILITY BECOMES AWARE OF THE FORCE
-MAJEURE EVENT. FOR EXISTING REQUESTS, OR NOT LATER THAN FIVE
-BUSINESS DAYS AFTER RECEIPT OF A NEW REQUEST, THE THIRTY DAY TIME
-PERIOD TO RESPOND TO A REQUEST FOR RECORDS COMMENCES UPON
-RESOLUTION OF THE FORCE MAJE URE EVENT. THE ENTITY SHALL NOTIFY THE
-REQUESTOR WITHIN FIVE BUSINESS DAYS AFTER THE FORCE MAJEURE EVENT
-HAS BEEN RESOLVED. ALL NOTICES REQUIRED PURSUANT TO THIS
-PAGE 3-HOUSE BILL 26-1414
-SUBSECTION ( 1 )(f)(IV) MUST BE DELIVERED IN THE SAME FORMAT IN WHICH
-IT WAS RECEIVED. AS USED IN THIS SUBSECTION (l)(f)(IV), "FORCE
-MAJEURE" MEANS A FACTOR OUTSIDE THE PARTIES' CONTROL THAT MEANS
-PERFORMANCE OF THE TASK IS IMPOSSIBLE OR IMPRACTICABLE AS A RESULT
-OF AN EVENT OR EFFECT THAT THE PARTIES COULD NOT HA VE ANTICIPATED
-OR CONTROLLED.
-(g) NOTHING IN SUBSECTION (l)(b), (l)(e), OR(l)(t) OF THIS SECTION
-REQUIRES A HEALTH-CARE FACILITY TO DISCLOSE INFORMATION THAT IS
-PRIVILEGED, CONFIDENTIAL, OR PROTECTED FROM DISCOVERY OR ADMISSION
-UNDER STATE OR FEDERAL LAW, INCLUDING PURSUANT TO SECTIONS
-12-30-204 AND 25-3-109, OR 42 U.S.C. SEC. 1320c-1.
-SECTION 2. In Colorado Revised Statutes, 25-1-802, amend
-(l)(b)(l)(A); and add (l)(b)(l11), (l)(b)(IV), (l)(e), (l)(f), and (l)(g) as
-follows:
-25-1-802. Patient records in custody of individual health-care
-providers - definitions.
-( 1) (b) (I) (A) A health facility licensed or certified pursuant to
-section 25-1.5-103 (1) or article 3 of this title, 01 both, TITLE 25, or an entity
-regulated under title 10, C.R.S., providing health-care services, as defined
-in section 10-16-102, (33), C.R.S., directly or indirectly through a managed
-care plan, as defined in section 10-16-102 (43), C.R.S., or otherwise, must
-provide copies of a patient's medical records, including X rays, to the
-patient or the patient's personal representative upon request and payment of
-the fee a covered entity may impose in accordance with the "Health
-Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as
-amended, and any rules promulgated pursuant to the act, or to a third person
-who requests the records upon submission of a HIPAA-compliant
-authorization, valid subpoena, or court order and upon the payment of the
-reasonable fees. FORA REQUEST NOT EXCEEDING SIX HUNDRED SIXTY-FOUR
-PAGES, THE FEES CHARGED TO A THIRD PERSON SHALL NOT EXCEED THE
-REASONABLE FEES.
-(111) THE TOTAL SUM OF FEES THAT A HEALTH-CARE PROVIDER MAY
-CHARGE AND COLLECT FORA RECORD REQUEST MADE BY AN ATTORNEY WHO
-REPRESENTS THE PATIENT OR THE ATTORNEY OF THE PATIENT'S PERSONAL
-REPRESENTATIVE, PURSUANT TO A SUBMISSION OF AN AUTHORIZATION IN
-PAGE 4-HOUSE BILL 26-1414
-COMPLIANCE WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND
-ACCOUNTABILITY ACT OF 1996",PUB.L.104-91,A VALIDSUBPOENA,ORA
-VALID COURT ORDER, IF THE REQUESTED RECORD EXCEEDS SIX HUNDRED
-SIXTY-FOUR PAGES, MUST NOT EXCEED FOUR HUNDRED DOLLARS.
-(IV) ON JANUARY 1, 2028, AND EVERY JANUARY 1 EVERY EVEN­
-NUMBERED YEAR THEREAFTER, THE FOUR-HUNDRED-DOLLAR LIMIT SET
-FORTH IN SUBSECTION ( 1 )(b )(Ill) OF THIS SECTION MUST BE ADJUSTED FOR
-INFLATION. THE ADJUSTED LIMIT MUST BE ROUNDED TO THE NEAREST WHOLE
-DOLLAR. THE SECRETARY OF STATE SHALL PUBLISH THE ADJUSTED LIMIT ON
-ITS WEBSITE NO LATER THAN OCTOBER 1 OF EVERY YEAR THE LIMIT IS
-SUBJECT TO AN ADJUSTMENT. THE ADJUSTED LIMIT MUST NOT BE DECREASED
-BELOW FOUR HUNDRED DOLLARS. As USED IN THIS SUBSECTION ( 1 )(b )(IV),
-"INFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN THE UNITED
-STATESDEPARTMENTOFLABOR'SBUREAUOFLABORSTATISTICSCONSUMER
-PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL
-URBAN CONSUMERS, OR ITS SUCCESSOR INDEX.
-(e) SUBSECTION (l)(b)(III) OF THIS SECTION DOES NOT APPLY IF A
-HEAL TH-CARE PROVIDER IS REQUIRED TO SEGREGATE, WITHHOLD, OR
-REDACT PROTECTED HEALTH INFORMATION FROM THE REQUESTED RECORD
-TO COMPLY WITH APPLICABLE LAW OR WITHIN THE SCOPE OR LIMITATIONS
-DETAILED IN SUBSECTION ( 1 )(b )(III) OF THIS SECTION.
-(f) (I) THE HEALTH-CARE PROVIDER SHALL DELIVER THE MEDICAL
-RECORDS IN ELECTRONIC FORMAT, UPON REQUEST AND PAYMENT OF THE
-FEES DETAILED IN THIS SUBSECTION (1), IF:
-(A) THE INDIVIDUAL OR ENTITY REQUESTS ELECTRONIC FORMAT;
-(B) THE ORIGINAL MEDICAL RECORDS ARE STORED IN ELECTRONIC
-FORMAT;AND
-(C) THE MEDICAL RECORDS ARE READILY PRODUCIBLE IN
-ELECTRONIC FORMAT.
-(II) AN INVOICE FOR ALL RECORDS PROVIDED IN RESPONSE TO A
-REQUEST FOR MEDICAL RECORDS MUST BE PROVIDED TO THE REQUESTOR
-WITHIN THIRTY DAYS OF RECEIVING A V AUD REQUEST, AND THE RECORDS
-MUST BE PROVIDED UPON PAYMENT OF THE INVOICE.
-PAGE 5-HOUSE BILL 26-1414
-(Ill) IF A HEALTH-CARE PROVIDER IS UNABLE TO PROVIDE ACCESS TO
-MEDICAL RECORDS WITHIN THIRTY DAYS, AS REQUIRED BY SUBSECTION
-(l)(t)(II) OF THIS SECTION, THE HEALTH-CARE PROVIDER MAY EXTEND THE
-TIME FRAME FOR PROVIDING RECORDS BY AN ADDITIONAL THIRTY DAYS AND
-THE HEALTH-CARE PROVIDER MUST NOTIFY THE REQUESTOR IN WRITING OF
-THE EXTENSION WITHIN THE INITIAL THIRTY-DAY PERIOD.
-(IV) A RECORD NOT PROVIDED WITHIN THIRTY DAYS OR WITHOUT
-WRITTEN NOTIFICATION OF A THIRTY-DAY EXTENSION MUST BE PROVIDED TO
-THE REQUESTORATNO COST, ABSENT AN INDEPENDENT INTERVENING FORCE
-MAJEURE THAT RENDERS THE REQUESTED RECORDS INACCESSIBLE,
-IRRETRIEVABLE, OR UNDELIVERABLE WITHIN THE REQUIRED TIME FRAME. IF
-A HEALTH-CARE FACILITY IS UNABLE TO COMPLY WITH A REQUEST FOR
-MEDICAL RECORDS WITHIN THE TIME REQUIRED PURSUANT TO THIS
-SUBSECTION (l)(t)(IV) DUE TO A FORCE MAJEURE EVENT, THE FACILITY
-SHALL PROVIDE WRITTEN NOTICE TO THE REQUESTOR. THE NOTICE MUST BE
-GIVEN AS SOON AS REASONABLY PRACTICABLE, BUT NOT LATER THAN FIVE
-BUSINESS DAYS AFTER THE FACILITY BECOMES AWARE OF THE FORCE
-MAJEURE EVENT. FOR EXISTING REQUESTS, OR NOT LATER THAN FIVE
-BUSINESS DAYS AFTER RECEIPT OF A NEW REQUEST, THE THIRTY DAY TIME
-PERIOD TO RESPOND TO A REQUEST FOR RECORDS COMMENCES UPON
-RESOLUTION OF THE FORCE MAJ EURE EVENT. THE ENTITY SHALL NOTIFY THE
-REQUESTOR WITHIN FIVE BUSINESS DAYS AFTER THE FORCE MAJEURE EVENT
-HAS BEEN RESOLVED. ALL NOTICES REQUIRED PURSUANT TO THIS
-SUBSECTION ( 1 )(t)(IV) MUST BE DELIVERED IN THE SAME FORMAT IN WHICH
-IT WAS RECEIVED. As USED IN THIS SUBSECTION (l)(t)(IV), "FORCE
-MAJEURE" MEANS A FACTOR OUTSIDE THE PARTIES' CONTROL THAT MEANS
-PERFORMANCE OF THE TASK IS IMPOSSIBLE OR IMPRACTICABLE AS A RESULT
-OF AN EVENTOREFFECTTHATTHE PARTIES COULD NOT HAVE ANTICIPATED
-OR CONTROLLED.
-(g) NOTHING IN SUBSECTION ( 1 )(b ), ( 1 )( e ), OR ( 1 )(t) OF THIS SECTION
-REQUIRES A HEALTH-CARE PROVIDER TO DISCLOSE INFORMATION THAT IS
-PRIVILEGED, CONFIDENTIAL, OR PROTECTED FROM DISCOVERY OR ADMISSION
-UNDER STATE OR FEDERAL LAW, INCLUDING PURSUANT TO SECTIONS
-12-30-204 AND 25-3-109, OR 42 U.S.C. SEC. 1320c.
-SECTION 3. Act subject to petition - effective date. This act
-takes effect at 12:01 a.m. on the day following the expiration of the
-ninety-day period after final adjournment of the general assembly (August
-PAGE 6-HOUSE BILL 26-1414
-12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
-referendum petition is filed pursuant to section 1 (3) of article V of the state
-constitution against this act or an item, section, or part of this act within
-such period, then the act, item, section, or part will not take effect unless
-approved . by the people at the general election to be held in November 2026
-and, in such case, will take effect on the date of the official declaration of
-the vote thereon by the governor.
-~
-SPEAKER OF THE HOUSE
-OF REPRESENTATIVES
-v~~
-Vanessa ReillY
-CHIEF CLERK OF THE HOUSE
-OF REPRESENTATIVES
-James Rashad Coleman, Sr.
-PRESIDENT OF
-THE SENATE
-Esther van Mourik
-SECRETARY OF
-THE SENATE
-Jared S. Polis
-GOVERNOROFTHESTATEOFCOLORADO
-PAGE 7-HOUSE BILL 26-1414
+HB 26-1414
+Fiscal Note
+Legislative Council Staff
+Nonpartisan Services for Colorado’s Legislature
+HB 26-1414: MEDICAL RECORD REQUESTS
+Prime Sponsors:
+Rep. McCluskie; Camacho
+Sen. Roberts; Kipp
+Published for:  Senate  Finance
+Drafting number:  LLS  26- 0458
+Fiscal Analyst:
+Brendan Fung, 303-866-4781
+brendan.fung@coleg.gov
+Versi on:  First Revised Note
+Date:  May 1, 2026
+Fiscal note status:  This revised fiscal note reflects the reengrossed bill.
+Summary Information
+Overview.  The  bill limits  the  amount of money that  a health care  provider can charge  for a medical record
+request, and requires providers to  respond to all requests within 30  days of payment.
+Types of impacts. The bill is projected to affect the following areas on an ongoing basis:
+• Minimal State Revenue
+• Minimal State Workload
+•  Statutory Public Entity
+Appropriations.  No  appropriation is  required.
+Table 1
+State Fiscal Impacts
+Type of Impact Budget Year
+FY 2026-27
+Out Year
+FY 2027-28
+State Revenue $0 $0
+State Expenditures $0 $0
+Transferred Funds  $0  $0
+Change in TABOR Refunds $0 $0
+Change  in State  FTE  0.0  FTE  0.0  FTE
+
+Page 2
+May 1, 2026 HB 26-1414
+Summary of Legislation
+The bill limits the amount of money that a health care facility or provider can charge for a
+medical record request that exceeds 664 pages to $400, adjusted biannually for inflation.
+Requests that require providers to redact or withhold personal health information are exempt
+this this cap. Further, the bill requires providers to invoice requestors within 30 days of receiving
+the request, and provide the records upon payment unless written notice is supplied as a result
+of extraordinary circumstances. Requests must be delivered electronically if specific conditions
+are met.
+State Revenue
+The bill may decrease state revenue to the extent that fees assessed by state agencies
+maintaining medical records are impacted by the $400 limit. These impacts depend on decisions
+made by requesting parties, the length of records requested, and personal health information
+disclosed in a record; therefore, the fiscal note cannot estimate changes to state revenue.
+However, it is assumed that decreased revenue under the bill will be minimal.
+State Expenditures
+Beginning in FY 2026-27, the bill minimally increases workload in the Department of Regulatory
+Agencies (DORA) and several state agencies that maintain medical records, as discussed below.
+Department of Regulatory Agencies
+Workload in the Division of Professions and Occupations in DORA will minimally increase to
+conduct outreach and education to licensed health care providers regarding medical record
+requests. This workload can be accomplished within existing appropriations.
+Other State Agencies
+Workload in the Departments of Corrections, Human Services, Military and Veterans Affairs, and
+Public Health and Environment will minimally increase to update medical record request policies
+and procedures, and fulfill requests within 30 days. This workload is expected to be minimal and
+no change in appropriations is required.
+
+Page 3
+May 1, 2026 HB 26-1414
+Local Government and Statutory Public Entity
+Starting in FY 2026-27, the bill minimally impacts revenue and expenditures for local
+governments that operate health facilities and for Denver Health, the state’s statutorily created
+safety net health provider. Similar to the state, revenue may decrease to the extent that medical
+record request fees are capped at $400, and workload will minimally increase to update policies
+and fulfill requests.
+Effective Date
+The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
+no referendum petition is filed.
+State and Local Government Contacts
+Corrections
+Health Care Policy and Financing
+Human Services
+Law
+Military Affairs
+Public Health and Environment
+Regulatory Agencies
+The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
+fiscal year. For additional information about fiscal notes, please visit the General Assembly website.