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Confidentiality

Family members can’t meet their responsibility to provide a supportive environment if they don’t get the information that they need. In Colorado, CRS (Colorado Revised Statute) 27-10-101, 102,116 and 120.5 allow family members to get certain information about a relative’s treatment. Be aware, though, that the following pertains to persons with a mental illness. If your family is being treated for a substance abuse problem, the laws are different.

The statute recognizes the importance of family participation in treatment. Family member is defined as a spouse, a parent, an adult child or an adult sibling of a mentally ill person. The family member may receive Location Information and Illness and Treatment Information.

Location Information is defined as the location, name and address of the facility and the fact that the person is in the facility. Three entities can decide to release the information: the patient may give consent to release the information by signing a consent form. If the patient does not consent, the treating professional can decide whether to release or withhold the information. A facility staff member acting under the authorization of the treating professional may also release the information. Unless the professional determines that it is not in the patient’s best interest, the family member will receive the information.

If the facility can’t release the location information to the family member, the facility will direct the family to the Division of Mental Health (DMH) and DMH may be able to help them locate the family member. The phone number for DMH is:

Division of Mental Health

303-762-4088

The other kind of information that can be released to family members is Information about Illness and Treatment. Specific information that can be released is: information about diagnosis; prognosis; need for hospitalization and anticipated length of stay; discharge plan; medications; side effects of medication; short term treatment goals and long term treatment goals. All decisions to release information are made on a case by case basis. If the facility does not agree to give Information about Illness and Treatment to a family member, the family member may request an Administrative Review.

One exception to these rules is if the individual has a conservator or guardian. In that case, treatment information can be released to the conservator or guardian.

It is in everyone’s best interest if your family member voluntarily decides to release information to you. He or she may refuse to give permission to share information because they are anxious about their situation. Your relative may be concerned that issues like their drug or alcohol abuse or other personal situations will be discussed. Talk to their therapist about this. Make it clear that you only want specific kinds of information.

 
 
 
 
   
   
 
 
   
   
   
         

The information and content provided on the CHN site are offered for informational purposes only and should not be treated as medical, psychiatric, psychological or behavioral health care advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical or behavioral health condition.

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