POLICY:
Pursuant to C.R.S. § 24-72-201 et seq., the “Colorado Open Records Act” (the Act”), all public records must be open for inspection by any person at reasonable times, except as provided by law. This policy sets forth PSMC’s policy for the inspection of such records, as provided in the Act, which rules are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or the custodian's office.
This policy applies to all requests, submitted pursuant to C.R.S. § 24-72-201 et seq., to inspect public records in the custody or control of PSMC. PSMC is committed to the guiding principles of openness, transparency, accountability and responsiveness.
RESPONSIBILITIES:
The Chief Administrative Officer or the Compliance Officer shall serve as the Custodian of the Records.
PROCEDURE:
1) Requirements for requesting to inspect public records for the PSMC.
a) All requests to inspect public records must be submitted in writing to the custodian of records.
b) Requests may be submitted via electronic mail (e-mail), regular U.S. mail, or via facsimile. The proper contact information for the custodian of records is:
i) By email: open.records@psmedicalcenter.org By mail: Pagosa Springs Medical Center, Attention: Open Records Requests – Compliance/Legal, 95 S. Pagosa Blvd., Pagosa Springs, CO 81147
ii) By fax: 907-731-2134
c) The date the request is received by the custodian will constitute the “date of receipt”. For requests submitted via e-mail, the date of receipt shall be the date that the custodian confirms receipt in writing to the requestor. The statutory time for response will begin when the custodian provides confirmation to the requestor. If a request is sent via e-mail to anyone other than the official record custodian, it will not be considered as received by PSMC.
d) All requests for records must be specific as to the records sought and the relevant dates. For any request that is vague or broadly stated the custodian may require the requestor to provide a more specific request.
e) PSMC is prohibited from releasing certain categories of information that are protected by State and Federal law. Information that PSMC is prohibited from releasing include, but are not limited to, the following:
i) Patient records subject to HIPAA and privacy rules.
ii) Personnel files; but such files shall be available to the person in interest and to the duly elected and appointed public officials who supervise such person's work.
iii) Information protected by the attorney-client and attorney work product privileges, or other applicable legal privilege.
iv) The record of an executive session meeting of a state public body.
v) Records of candidate searches for an executive position.
vi) Records of sexual harassment complaints or investigations.
vii) Medical, mental health, sociological and scholastic achievement data on an individual.
viii) Any records that contain information related to the identity of a donor or prospective donor, the amount of any actual or prospective gift or donation to a related foundation, proprietary fund-raising information, or agreements or other documents relating to gifts or donations or prospective gifts or donations.
ix) Records containing trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data furnished by or obtained from any person.
f) PSMC is not required by the Act to construct or create a record that does not exist. Nor is PSMC required to manipulate or analyze information in a new way in order to respond to a request.
g) Time for response to records requests shall be as follows: PSMC strives to provide responses within three (3) working days, beginning on the first business day after the request is received. PSMC may extend this period, however, for extenuating circumstances (including, for example, sizeable requests, vague requests, staffing issues, emergency events). PSMC will strive to limit the extension to seven (7) working days. PSMC will notify the requestor, by email if possible, of the need for extension. Requests to inspect records do not take priority over the regular work activities of PSMC employees.
h) PSMC charges for hard copy and fax responses as follows:
i) The normal cost for requested documents shall be $.25 per page or, for documents in non-standard formats, the actual duplication costs. If electronic copies of responsive records can be made available without printing or scanning, there shall be no per page charge for such records.
ii) The custodian may charge a research and retrieval fee based on the actual time spent and the actual cost of responding to the request; provided, however, that the hourly rate for employee time shall be set in accordance with C.R.S. 24-72-205, et seq. and there shall be no charge for the first hour of employee time. Effective July 1, 2019 the hourly rate is $33.58.
iii) Payment must be received by the custodian before any records are produced to the requestor.
iv) If the employee time for responding to a request, including, but not limited to, research and retrieval, is expected to exceed the initial complimentary hour, the custodian will provide the requestor with an estimate of the cost of responding. If the requestor wishes to proceed once receiving an estimate, he or she must respond in writing. By responding in writing, the requestor agrees to pay all fees associated with responding to the request before any records are produced.
i) If a requestor wishes to inspect available records in advance of receiving copies, such inspection shall be by appointment only during normal working hours. Such inspection must be supervised by a PSMC representative and the requestor may be charged for employee time associated with such inspection.