Disclosure required upon request - information not proprietary.

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(1) Upon request by or on behalf of the designated physician or dentist or the commissioner, a health care entity shall disclose to the requesting person a description of the methodology upon which the health care entity's designation is based and all data upon which the designation was based within forty-five days after receiving the request. The description shall be sufficiently detailed to allow the designated physician or dentist or the commissioner to determine the effect of the methodology on the data being reviewed. The disclosure of the data shall be made in a manner that is reasonably understandable and allows the physician, dentist, or commissioner to verify the data against his or her records. Where law or the health care entity's contractual obligations with a bona fide third party prevents disclosure of any of the data required to be disclosed by this section, the health care entity shall nonetheless provide sufficient information to allow the physician or dentist to determine how the withheld data affected the physician's or dentist's designation.

  1. After the disclosure of the description of the methodology provided for in subsection(1) of this section and upon further request by or on behalf of the designated physician or dentist or the commissioner, the health care entity shall provide the complete methodology within thirty days after such further request.

  2. The "Uniform Trade Secrets Act", article 74 of title 7, C.R.S., shall not be used by ahealth care entity to prevent it from complying with this section.

Source: L. 2008: Entire article added, p. 2015, § 1, effective September 1. L. 2015: (1) and (2) amended, (HB 15-1191), ch. 95, p. 272, § 5, effective August 5.


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