A trauma surgeon’s lawsuit is testing the scope of a 2018 statute that concerns the public disclosure of Denver Health and Hospital Authority records.

Before the enactment of Senate Bill 18-149, state law plainly stated that Denver Health’s records are subject to the Colorado Open Records Act. The bill deleted that sentence, replacing it with a list of records — including resolutions, minutes, annual reports, financial statements, and employee salaries — that are deemed “public” under CORA.

It also declared that the authority’s electronic medical record system is not public and that other records concerning health care programs and initiatives also are off limits to the public “if premature disclosure … would give an unfair competitive or bargaining advantage to any person or entity.”

The legislation was intended to protect the privacy of patients served by Denver Health, mostly from “data miners” who request electronic records from the hospital on behalf of commercial interests, according to the primary sponsor, Republican Sen. Bob Gardner of Colorado Springs. During a legislative hearing, Denver Health officials stressed the importance of protecting individuals’ health records and the hospital’s position among its competitors.

But a civil complaint filed in Denver District Court in July alleges Denver Health is using the 2018 law “as a shield from its CORA responsibilities.”

In dispute are records requested in June by Dr. Clay Burlew, a former Denver Health employee who teaches surgery at the University of Colorado School of Medicine. Her complaint says Denver Health wrongfully withheld “pay band” (salary range) policies, leadership stipend policies, salaries and bonuses for surgery department employees, personnel reports from an employment litigation firm, personnel reports containing complaints of gender discrimination, and internal job postings.