HF 3580

as introduced - 89th Legislature (2015 - 2016) Posted on 04/06/2016 01:01pm

A bill for an act
relating to health; prohibiting information blocking by health care providers;
proposing coding for new law in Minnesota Statutes, chapter 62J.

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

Section 1.

new text begin [62J.84] INFORMATION BLOCKING PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following definitions
apply:
new text end

new text begin (1) "certified electronic health record system" means a computer-based information
system that is used to create, collect, store, manipulate, share, exchange, or make available
health records for the purposes of the delivery of patient care, and has been certified by
an Office of the National Coordinator for Health Information Technology-authorized
certification body;
new text end

new text begin (2) "electronic health record" means any computerized, digital, or other electronic
record of individual health-related information that is created, held, managed, or consulted
by a health care provider, including, but not limited to, continuity of care documents,
discharge summaries, and other information or data relating to patient demographics,
medical history, medication, allergies, immunizations, laboratory test results, radiology or
other diagnostic images, vital signs, and statistics;
new text end

new text begin (3) "health care provider" means a health care provider as defined under section
62J.70, subdivision 2; and
new text end

new text begin (4) "health information blocking" means:
new text end

new text begin (i) knowingly interfering with or knowingly engaging in business practices or
other conduct that is reasonably likely to interfere with the ability of patients, health
care providers, or other authorized persons to access, exchange, or use electronic health
records, including, but not limited to, the use of technologies or practices that knowingly
and unreasonably:
new text end

new text begin (A) restrict the ability to transmit an order or request for health care services,
supplies, or goods to other providers or suppliers;
new text end

new text begin (B) restrict the ability of users of certified electronic health record systems to receive
notification of incoming reports or other clinical information; or
new text end

new text begin (C) restrict patient access to information regarding other providers or suppliers; and
new text end

new text begin (ii) knowingly using a certified electronic health record system to:
new text end

new text begin (A) steer patient referrals to health care providers who are affiliated, under contract,
or otherwise in a preexisting commercial relationship with the referring health care
provider; and
new text end

new text begin (B) prevent or unreasonably interfere with patient referrals to health care providers
who are not affiliated, under contract, or otherwise in a preexisting commercial
relationship with the referring health care provider.
new text end

new text begin Subd. 2. new text end

new text begin Electronic health record access. new text end

new text begin Electronic health records shall, to the
fullest extent possible:
new text end

new text begin (1) be readily available to other health care providers as necessary to provide care
and treatment to a patient;
new text end

new text begin (2) be made accessible to the patient in a convenient manner, including upon
request; and
new text end

new text begin (3) be made available in a timely and convenient manner to other health care
providers as directed by the patient or the patient's authorized representative.
new text end

new text begin Subd. 3. new text end

new text begin Attorney general enforcement. new text end

new text begin Whenever the attorney general has
reasonable cause to believe that actions amounting to health information blocking have
occurred, the attorney general may bring a civil action in a court of competent jurisdiction.
The court may order any appropriate relief, including a fine of up to $5,000 for each
occurrence of health information blocking. Nothing in this subdivision shall be deemed to
limit the power or authority of the state or attorney general to investigate and seek any
other administrative, legal, or equitable relief as allowed by law.
new text end

new text begin Subd. 4. new text end

new text begin Private right of action. new text end

new text begin A patient, health care provider, or any other
person injured by health information blocking shall have a private cause of action
against the individual or entity who caused the injury and, upon a court of competent
jurisdiction's finding of a violation of this section, shall be entitled to actual, incidental, and
consequential damages; statutory damages equal to the amount specified in subdivision 3 ;
punitive damages, if appropriate; and court costs and reasonable attorney fees. Nothing in
this subdivision shall be deemed to limit any other right or remedy otherwise available to
the person bringing a cause of action under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end