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HF 3443

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 04:41pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to health; modifying requirements for the release of patient health records;
amending Minnesota Statutes 2022, section 144.293, subdivisions 2, 10; proposing
coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.2925] CONSTRUCTION.
 new text end

new text begin Sections 144.293 to 144.297 shall be construed to protect the privacy of a patient's health
records in a more stringent manner than provided in Code of Federal Regulations, title 45,
part 164. For purposes of this section, "more stringent" has the meaning given to that term
in Code of Federal Regulations, title 45, section 160.202, with respect to a use or disclosure
or the need for express legal permission from an individual to disclose individually
identifiable health information.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 2.

Minnesota Statutes 2022, section 144.293, subdivision 2, is amended to read:


Subd. 2.

Patient consent to release of records.

A provider, or a person who receives
health records from a provider, may not release a patient's health records to a person without:

(1) a signed and dated consent from the patient or the patient's legally authorized
representative authorizing the release;

(2) specific authorization in new text begin Minnesota new text end law; or

(3) a representation from a provider that holds a signed and dated consent from the
patient authorizing the release.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to health records released on or after that date.
 new text end

Sec. 3.

Minnesota Statutes 2022, section 144.293, subdivision 10, is amended to read:


Subd. 10.

Warranties regarding consents, requests, and disclosures.

(a) When
requesting health records using consent, a person warrants that the consent:

(1) contains no information known to the person to be false; and

(2) accurately states the patient's desire to have health records disclosed or that there is
specific authorization in new text begin Minnesota new text end law.

(b) When requesting health records using consent, or a representation of holding a
consent, a provider warrants that the request:

(1) contains no information known to the provider to be false;

(2) accurately states the patient's desire to have health records disclosed or that there is
specific authorization in new text begin Minnesota new text end law; and

(3) does not exceed any limits imposed by the patient in the consent.

(c) When disclosing health records, a person releasing health records warrants that the
person:

(1) has complied with the requirements of this section regarding disclosure of health
records;

(2) knows of no information related to the request that is false; and

(3) has complied with the limits set by the patient in the consent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to health records released on or after that date.
 new text end