HIPAA and Colorado Health Privacy and Breach Laws

Colorado gives practices 30 days to notify affected residents of a breach and requires attorney general notice for larger breaches, even when you are also notifying under HIPAA. Colorado also has new rules for biometric data such as fingerprint time clocks.

AT A GLANCE

Colorado breach law for healthcare

LawsC.R.S. § 6-1-716 (breach notification); Colorado Privacy Act, including biometric rules added by HB24-1130 (effective July 1, 2025)
Data coveredIncludes medical information about mental or physical treatment or diagnosis, and health insurance ID numbers
Notice to individualsNo later than 30 days after determining a breach occurred
Attorney generalRequired for 500 or more Colorado residents, within the same 30 days
Credit bureausRequired if more than 1,000 residents are notified
HIPAA entitiesFollowing your federal regulator's breach procedures counts as compliance if it meets Colorado's timing, but you must still notify the attorney general
EnforcementAttorney general. No private right of action

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What this means for your practice

  • HIPAA notice alone is not enough. Meet the 30-day deadline and notify the attorney general for 500 or more residents.
  • Review biometric systems. Fingerprint time clocks and badge readers may fall under Colorado's biometric rules, which call for written policies, retention schedules and consent.
  • Update your incident plan with Colorado's notice content requirements.

FAQ

Frequently asked questions

How fast must Colorado practices report a breach?

Notify affected Colorado residents no later than 30 days after determining a breach occurred, and the attorney general within the same window if 500 or more residents are affected.

If we notify under HIPAA, are we covered in Colorado?

Following your federal regulator's procedures can satisfy Colorado's resident notice if it meets the 30-day timing, but you still need to notify the attorney general.

Sources: Davis Wright Tremaine: Colorado · Constangy: Colorado summary · Venable: Colorado biometric amendment. This page is general information about the law as of November 2026, not legal advice. Statutes change, so confirm current requirements with your attorney.

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