5 Colo. Code Regs. § 1006-3-II

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1006-3-II - Definitions

The following terms, whenever used in or referred to in these regulations, shall have the following respective meanings, unless a different meaning clearly appears from the context:

1. "Advance Care Planning (ACP)" means the process of an individual learning about, making, and documenting decisions to be implemented in the event of a medical crisis or a need for end-of-life care.

2. "Advance Health Care Directive" or "Advance Directive" means a legal document in which an individual specifies their wishes relating to medical treatment, cardiopulmonary resuscitation, or medical durable power of attorney, per the requirements established in § 25-54-101.1(a), CRS. These documents include, but are not necessarily limited to:

i. Medical Orders for Scope of Treatment (MOST) or Physicians' Orders for Life-Sustaining Treatment (POLST): A type of Advance Directive that summarizes and consolidates information about an adult patient's preferences for life-sustaining treatment including CPR, medical intervention, and artificially administered nutrition;

ii. Behavioral Health Orders for Scope of Treatment: A document that outlines an individual's instructions concerning behavioral health treatment, medication, and preferences;

iii. Living Will (including a properly executed Five Wishes form): A document that instructs providers regarding artificial life support;

iv. Medical Durable Power of Attorney: A document that allows individuals to appoint a health care agent to make decisions on their behalf and grants access to medical records;

v. CPR Directive: A medical order that instructs providers not to resuscitate if an individual's heart should stop;

vi. Any Advance Directive document properly executed in another state, including aPhysician's Order for Life Sustaining Treatment (POLST) or Medical Order for Life Sustaining Treatment (MOLST).

3. "Advance Directive Registry" (ADR or "Registry") means the system of Advance Directive documents being established in § 25-54-101.1(a), CRS. This system specifically references the statewide registry being established through the relevant legislation, and does not reference other organizational or regional registries that may include health directives.

4. An "Authorized Surrogate Decision Maker" (or "authorized surrogate") means a person appointed pursuant to the means stated in § 25-54-101.2, CRS.

5. A "Qualified Provider" (or "Provider") is a person or entity that may use or disclose protected health information in accordance with guidelines under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, including all accompanying regulations. For the purposes of these rules, a Qualified Provider includes any staff member at a HIPAA-covered entity who has approval from their HIPAA-covered employer to access patient Protected Health Information (PHI), where the covered entity has a treatment relationship with the patient whose Advance Directives are being uploaded or accessed in the Registry.

6. A "Qualified Individual" is a person or entity authorized to access the Registry. Qualified Individuals include both Qualified Providers (as defined above) and individual patients and their authorized surrogate decision maker who have Advance Directive documents existing in the Registry.

7. A "Health Information Organization Network" means a Colorado organization that has experience overseeing and governing Health Information Exchange among organizations according to state and federal law.

5 CCR 1006-3-II

44 CR 11, June 10, 2021, effective 7/15/2021