The act requires the department of public health and environment (department), as part of its duty to disseminate public health information, to:
- Collect public health information from data sources and data provided to the department, including information concerning race, ethnicity, disability, sexual orientation, and gender identity, to the extent permissible under applicable federal and state data privacy laws, rules, and regulations and federal contracts; and
- Provide direction and technical assistance relating to public health information.
The act clarifies that no person is required to provide demographic information concerning race, ethnicity, disability, sexual orientation, or gender identity.
The act requires the state board of health to promulgate rules, which rules apply to all state and county, district, and municipal public health agencies, public health directors, and other persons required to collect and report data, concerning the requirements for collecting data, and the manner and time frame for reporting and disaggregating data in compliance with applicable federal and state privacy laws, rules, and regulations and federal contracts to protect sensitive medical information and personally identifying information.
For required health equity commission (commission) reports that do not include complete demographic information, the act requires state agencies that are represented on the commission to publish a supplemental report to address the social determinants of health and the strategies used to address health disparities and inequities based on race, ethnicity, disability, sexual orientation, and gender identity.
To assist with the department's assessment of health disparities and inequities, the act requires the commission to convene a data advisory working group (working group) to advise the commission concerning collecting and aggregating nonidentifying demographic data and information from Colorado residents about race, ethnicity, disability, sexual orientation, and gender identity as part of public health programs and from information acquired by or submitted to the department. The act includes the selection of members for the working group.
The act removes the requirement that a birth certificate include the person's gender as male or female at birth, but requires a report of birth filed with the state registrar to be completed in compliance with federal law.
For the 2022-23 state fiscal year, the act appropriates $360,000 from the general fund to the department to implement the act, including:
- $40,000 for use by administration and support for operating expenses related to health statistics and vital records; and
- $320,000 for use by disease control and public health response for immunization operating expenses related to general disease control and surveillance.
(Note: This summary applies to this bill as enacted.)