1. The term "public records" shall have the same meaning as set forth in the Open Records
Act.
2. All requests for public records shall be in writing, and shall comply with the
requirements of the Open Records Act, HIP AA, and any other applicable federal or state laws, rules, or
regulations (collectively, "Applicable Law"). Anyone making a verbal request will be asked to submit
the request in writing and no action related to the request will be taken until a written request has been
submitted.
3. The District will comply with the requirements of Applicable Law with respect to
whether it must, may, or cannot produce public records, or other documents or information requested,
and the fees it charges for producing such public records, or other documents or information.
4. Where the fee for a certified copy or other copy, printout, or photograph of a public
record is specifically prescribed by Applicable Law, the specific fee shall be charged. If a fee is not
specifically prescribed by Applicable Law, the District will furnish copies, printouts, or photographs of
a public record for a fee of $0.25 per standard page. The District shall charge a fee not to exceed the
actual cost of providing a copy, photograph, or printout in a form other than a standard page. The
District shall charge the actual costs it incurs in having the copies made off-site by an outside copying
facility.
5. Medical or Mental Health Records.
(a) If an individual or entity requests medical or mental health records pursuant to
C.R.S. § 24-72-204(3)(a)(l) that do not contain protected health information (as
defined under HIP AA, 45 CFR § 160.103) ("PHI"), and such records can be
produced under Applicable Law, the District will charge fees in accordance with
the other paragraphs of this Resolution;
(b) If a third-party requests medical or mental health records pursuant to C.R.S. § 24-
72-204(3)(a)(l) that contain an individual's PHI and submits a written HIPAA
authorization from that individual (or relies on another permission in HIP AA) for
the disclosure, and such records can be produced under Applicable Law, the
District will charge fees in accordance with the other paragraphs of this Resolution;
(c) If an individual requests medical or mental health records pursuant to C.R.S. § 24-
72-204(3)(a)(l) that contain that individual's PHI and directs that the records be
delivered to the individual, their representative or a third-party, the District, in its
discretion, shall charge either:
i. A flat fee of $6.50 for electronic copies of medical or mental health records that
the District maintains electronically; or
n. The actual labor costs incurred by the District to produce the medical or mental
health records, which may include:
A. Labor for copying the medical or mental health records, whether in paper or
electronic form;
B. Supplies for creating the paper copy or electronic media if the individual
requests that the electronic copy be provided on portable media;
C. Postage, when the individual has requested the copy, or a summary or
explanation of such information, be mailed; and,
D. Preparing an explanation or summary of the medical or mental health
records, if the individual agrees to such an explanation or summary, and the
associated fees, in advance.
If the District receives a request to produce medical or mental health records in paper
form or the District is unable to produce the requested medical or mental health records in an
electronic format, the District will provide paper copies of the records and will charge the actual labor
costs incurred by the District to produce the records, as set forth in paragraph 5( c )(ii) above. The
District will provide an estimate of the approximate fee that may be charged for a copy of the
requested medical or mental health records.
6. If, in response to a specific request, the District's custodian of records performs a
manipulation of data so as to generate a record in a form not used by the District (including a privilege
log), an hourly administrative fee equal to the hourly research and retrieval fee discussed below in
Section 7 shall be charged to the person or entity making the request; provided, however, that the fee
shall not exceed the actual cost of manipulating the data and generating the record in accordance with
the request. An individual or entity making a subsequent request for the same or similar records shall
be charged the same fee.
7. If the amount of time required by the District to research and retrieve the documents
necessary to fulfill a specific request exceeds 1 hour, including the time required to identify and
segregate records that must or may not be produced, the person or entity making the request shall be
charged a research and retrieval fee of $33.58 per hour, or such maximum hourly research and retrieval
fee as may be established by the Colorado Legislative Council from time to time. Such fee will include
discussing strategy for getting documents collected (including time to agree on search terms and
searchable time frame for email searches), redactions, and attorney time to review documents. The
District will not impose a charge for the first hour of time expended in connection with the research
and retrieval of public records.
8. Upon request for transmission of the public record, the District will transmit the public
record by United States mail, other delivery service, facsimile, or electronic mail. If transmitting the
public record pursuant to this paragraph, the District may notify the record requester that a copy of the
public record is available but will be sent only when the District receives payment or makes
satisfactory arrangements for payment of all costs associated with transmitting the public record and
for all other fees lawfully allowed; provided, however, that no transmission fees will be charged for
transmitting the public record via electronic mail. The District will transmit the public record within
three business days following its receipt of, or making satisfactory arrangements to receive, such
payment.