SF 863

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:16am

A bill for an act
relating to government data practices; clarifying and modifying laws governing
access to data; amending Minnesota Statutes 2008, sections 13.05, subdivision 4,
by adding a subdivision; 13D.05, subdivision 3; 125A.21, subdivision 5.

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

Section 1.

Minnesota Statutes 2008, section 13.05, subdivision 4, is amended to read:

Subd. 4.

Limitations on collection and use of data.

Private or confidential data on
an individual shall not be collected, stored, used, or disseminated by government entities
for any purposes other than those stated to the individual at the time of collection in
accordance with section 13.04, except as provided in this subdivision.

(a) Data collected prior to August 1, 1975, and which have not been treated as public
data, may be used, stored, and disseminated for the purposes for which the data was
originally collected or for purposes which are specifically approved by the commissioner
as necessary to public health, safety, or welfare.

(b) Private or confidential data may be used and disseminated to individuals or
entities specifically authorized access to that data by state, local, or federal law enacted or
promulgated after the collection of the data.

(c) Private or confidential data may be used and disseminated to individuals or
entities subsequent to the collection of the data when the responsible authority maintaining
the data has requested approval for a new or different use or dissemination of the data
and that request has been specifically approved by the commissioner as necessary to carry
out a function assigned by law.

(d) Private data may be used by and disseminated to any person or entity if the
individual subject or subjects of the data have given their informed consent. Whether a
data subject has given informed consent shall be determined by rules of the commissioner.
deleted text begin The format for informed consent is as follows, unless otherwise prescribed by the HIPAA,
Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg. 82,
461 (2000) (to be codified as Code of Federal Regulations, title 45, section 164): informed
consent shall not be deemed to have been given by an individual subject of the data by the
signing of any statement authorizing any person or entity to disclose information about the
individual to an insurer or its authorized representative, unless the statement is:
deleted text end

deleted text begin (1) in plain language;
deleted text end

deleted text begin (2) dated;
deleted text end

deleted text begin (3) specific in designating the particular persons or agencies the data subject is
authorizing to disclose information about the data subject;
deleted text end

deleted text begin (4) specific as to the nature of the information the subject is authorizing to be
disclosed;
deleted text end

deleted text begin (5) specific as to the persons or entities to whom the subject is authorizing
information to be disclosed;
deleted text end

deleted text begin (6) specific as to the purpose or purposes for which the information may be used
by any of the parties named in clause (5), both at the time of the disclosure and at any
time in the future;
deleted text end

deleted text begin (7) specific as to its expiration date which should be within a reasonable period of
time, not to exceed one year except in the case of authorizations given in connection
with applications for (i) life insurance or noncancelable or guaranteed renewable health
insurance and identified as such, two years after the date of the policy or (ii) medical
assistance under chapter 256B or MinnesotaCare under chapter 256L, which shall be
ongoing during all terms of eligibility, for individual education plan health-related services
provided by a school district under section 125A.21, subdivision 2.
deleted text end

The responsible authority may require a person requesting copies of data under this
paragraph to pay the actual costs of making deleted text begin , deleted text end new text begin and new text end certifying deleted text begin , and compiling deleted text end the copies.

(e) Private or confidential data on an individual may be discussed at a meeting open
to the public to the extent provided in section 13D.05.

Sec. 2.

Minnesota Statutes 2008, section 13.05, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Informed consent for insurance purposes. new text end

new text begin Informed consent for
insurance purposes must comply with this subdivision, unless otherwise prescribed by
the HIPAA Standards for Privacy of Individually Identifiable Health Information, 65 Fed.
Reg. 82, 461 (2000), Code of Federal Regulations, title 45, section 164. Informed consent
for insurance purposes is not considered to have been given by an individual subject of
data by the signing of a statement authorizing a government entity to disclose information
about the individual to an insurer or its authorized representative, unless the statement is:
new text end

new text begin (1) in plain language;
new text end

new text begin (2) dated;
new text end

new text begin (3) specific in designating the government entity the data subject is authorizing to
disclose information about the data subject;
new text end

new text begin (4) specific as to the nature of the information the subject is authorizing to be
disclosed;
new text end

new text begin (5) specific as to the persons to whom the subject is authorizing information to
be disclosed;
new text end

new text begin (6) specific as to the purpose or purposes for which the information may be used
by any of the persons named in clause (5), both at the time of the disclosure and at any
time in the future;
new text end

new text begin (7) specific as to its expiration date, which must be within a reasonable period of
time, not to exceed one year.
new text end

new text begin Notwithstanding clause (7), in the case of authorizations given in connection with
applications for life insurance or noncancelable or guaranteed renewable health insurance
that is so identified, the expiration date must not exceed two years after the date of the
policy. An authorization in connection with medical assistance under chapter 256B or
MinnesotaCare under chapter 256L or for individual education plan health-related services
provided by a school district under section 125A.21, subdivision 2, is valid during all
terms of eligibility.
new text end

Sec. 3.

Minnesota Statutes 2008, section 13D.05, subdivision 3, is amended to read:

Subd. 3.

What meetings may be closed.

(a) A public body may close a meeting
to evaluate the performance of an individual who is subject to its authority. The public
body shall identify the individual to be evaluated prior to closing a meeting. At its next
open meeting, the public body shall summarize its conclusions regarding the evaluation.
A meeting must be open at the request of the individual who is the subject of the meeting.

(b) Meetings may be closed if the closure is expressly authorized by statute or
permitted by the attorney-client privilege.

(c) A public body may close a meeting:

(1) to determine the asking price for real or personal property to be sold by the
government entity;

(2) to review confidential or new text begin protected new text end nonpublic appraisal data under section 13.44,
subdivision 3; and

(3) to develop or consider offers or counteroffers for the purchase or sale of real or
personal property.

Before holding a closed meeting under this paragraph, the public body must identify
on the record the particular real or personal property that is the subject of the closed
meeting. The proceedings of a meeting closed under this paragraph must be tape recorded
at the expense of the public body. The recording must be preserved for eight years after
the date of the meeting and made available to the public after all real or personal property
discussed at the meeting has been purchased or sold or the governing body has abandoned
the purchase or sale. The real or personal property that is the subject of the closed meeting
must be specifically identified on the tape. A list of members and all other persons present
at the closed meeting must be made available to the public after the closed meeting. If an
action is brought claiming that public business other than discussions allowed under this
paragraph was transacted at a closed meeting held under this paragraph during the time
when the tape is not available to the public, section 13D.03, subdivision 3, applies.

An agreement reached that is based on an offer considered at a closed meeting is
contingent on approval of the public body at an open meeting. The actual purchase or
sale must be approved at an open meeting after the notice period required by statute or the
governing body's internal procedures, and the purchase price or sale price is public data.

(d) Meetings may be closed to receive security briefings and reports, to discuss issues
related to security systems, to discuss emergency response procedures and to discuss
security deficiencies in or recommendations regarding public services, infrastructure and
facilities, if disclosure of the information discussed would pose a danger to public safety or
compromise security procedures or responses. Financial issues related to security matters
must be discussed and all related financial decisions must be made at an open meeting.
Before closing a meeting under this paragraph, the public body, in describing the subject to
be discussed, must refer to the facilities, systems, procedures, services, or infrastructures
to be considered during the closed meeting. A closed meeting must be tape recorded at the
expense of the governing body, and the recording must be preserved for at least four years.

Sec. 4.

Minnesota Statutes 2008, section 125A.21, subdivision 5, is amended to read:

Subd. 5.

Informed consent.

When obtaining informed consent, consistent with
sections 13.05, subdivision deleted text begin 4 deleted text end deleted text begin , paragraph (d) deleted text end new text begin 4a new text end ; and 256B.77, subdivision 2, paragraph
(p), to bill health plans for covered services, the school district must notify the legal
representative (1) that the cost of the person's private health insurance premium
may increase due to providing the covered service in the school setting, (2) that the
school district may pay certain enrollee health plan costs, including but not limited to,
co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing
amounts for health and related services required by an individual service plan, or individual
family service plan, and (3) that the school's billing for each type of covered service may
affect service limits and prior authorization thresholds. The informed consent may be
revoked in writing at any time by the person authorizing the billing of the health plan.