5 Colo. Code Regs. § 1006-3-V

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

Section 5 CCR 1006-3-V - Procedures by Which a Qualified Individual May Add or Remove an Advance Medical Directive To or From the System

1. The Registry shall provide a free flow of information between patients, health care providers, and their associated HIPAA-covered entities.

2. The Registry shall collect individuals' name and email address, where available. It is the responsibility of the individual to ensure their contact information is up-to-date.

3. Existing Advance Directive documents electronically hosted in Health Information Exchange or Electronic Health Record systems remain binding and in effect. It is not a requirement for an Advance Directive document to be uploaded to the Registry in order to be considered binding.

i. Other sources of Advance Directives documents should be considered in addition to the Registry. The Registry is not comprehensive and valid documents may exist elsewhere.

ii. Existing documents may be uploaded to the Registry from the Health Information Exchange, Electronic Health Records systems, or paper documents on file with a HIPAA-covered entity may be scanned and uploaded into the Registry following its launch.

iii. Valid, properly executed, self-uploaded documents, such as those uploaded to Electronic Health Records systems, may be uploaded to the Registry by a Qualified Provider.

4. Qualified Providers must collect a signed affidavit in some cases. Please see Section IV, Criteria in Which an Electronic Affidavit is Required, above.

5. A Qualified Provider may remove documents from the Registry upon request from the individual or their authorized surrogate. If an individual requests document removal, the Qualified Provider must act to remove the document in a timely manner. However, it is the responsibility of the individual or their authorized surrogate to confirm removal.

6. The Registry shall provide an annual reminder to individuals with documents in the Registry via email, where available, to verify their documents. It is the responsibility of the individual to ensure their contact information in the Registry is up-to-date.

7. It is the responsibility of the individual or their authorized surrogate to ensure the documents included in the Registry are appropriately executed, accurate, and current.

i. If an Advance Directive document is executed in another state, it is the responsibility of the individual to ensure their document is properly executed according to that state's laws.

8. A Qualified Provider and their associated HIPAA-covered entity may not bill individuals an additional fee to upload documents to the Registry in excess of allowable Advance Care Planning services.

5 CCR 1006-3-V

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