HB 22-1354: Mental Health in Workers' Compensation Cases

• Defines "mental health records" to include psychological/psychiatric tests, records prepared by mental health providers, independent medical examination records, and substance use disorder treatment records in workers' compensation claims.

• Mental health providers must provide records only to insurers/employers for claim processing, employers for legal compliance, and treating physicians, with restrictions on further disclosure to third parties without claimant consent.

• Insurers and self-insured employers may only disclose work restrictions to supervisors/managers and information necessary for claim adjustment, but cannot disclose actual mental health records to third parties without claimant consent unless ordered by the director or administrative law judge.

• Mental health provider or physician objections to record release must be honored; third parties cannot disclose mental health records further without claimant consent or director/administrative law judge order.

• Requires persons providing mental health services under the workers' compensation system to be formally trained and licensed as mental health providers, effective for claims filed after the act's effective date.