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HF 1155

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/13/2015 04:21pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/23/2015
1st Engrossment Posted on 03/25/2015
2nd Engrossment Posted on 04/07/2015

Current Version - 2nd Engrossment

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A bill for an act
relating to data practices; providing for sharing of data within human services
and health care systems; amending Minnesota Statutes 2014, sections 13.46,
subdivisions 2, 7; 144.293, subdivision 5; 245.467, subdivision 6; 245.4876,
subdivision 7.

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

Section 1.

Minnesota Statutes 2014, section 13.46, subdivision 2, is amended to read:


Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or
disseminated by the welfare system are private data on individuals, and shall not be
disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to
the administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services
to an individual or family across programs; new text begin coordinate services for an individual or
family;
new text end evaluate the effectiveness of programs; assess parental contribution amounts;
and investigate suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to assess parental contribution amounts for
purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their dependent's
names, dates of birth, Social Security numbers, income, addresses, and other data as
required, upon request by the Department of Revenue. Disclosures by the commissioner
of revenue to the commissioner of human services for the purposes described in this clause
are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
but are not limited to, the dependent care credit under section 290.067, the Minnesota
working family credit under section 290.0671, the property tax refund and rental credit
under section 290A.04, and the Minnesota education credit under section 290.0674;

(9) between the Department of Human Services, the Department of Employment
and Economic Development, and when applicable, the Department of Education, for
the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child
care assistance program by exchanging data on recipients and former recipients of food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and

(iv) to analyze public assistance employment services and program utilization,
cost, effectiveness, and outcomes as implemented under the authority established in Title
II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
1999. Health records governed by sections 144.291 to 144.298 and "protected health
information" as defined in Code of Federal Regulations, title 45, section 160.103, and
governed by Code of Federal Regulations, title 45, parts 160-164, including health care
claims utilization information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of the individual or other
individuals or persons;

(11) data maintained by residential programs as defined in section 245A.02 may
be disclosed to the protection and advocacy system established in this state according
to Part C of Public Law 98-527 to protect the legal and human rights of persons with
developmental disabilities or other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a complaint by or on behalf
of that person and the person does not have a legal guardian or the state or a designee of
the state is the legal guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency
may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
determine eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security numbers and names collected by the telephone
assistance program may be disclosed to the Department of Revenue to conduct an
electronic data match with the property tax refund database to determine eligibility under
section 237.70, subdivision 4a;

(15) the current address of a Minnesota family investment program participant
may be disclosed to law enforcement officers who provide the name of the participant
and notify the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance or general assistance
medical care may be disclosed to probation officers and corrections agents who are
supervising the recipient and to law enforcement officers who are investigating the
recipient in connection with a felony level offense;

(17) information obtained from food support applicant or recipient households may
be disclosed to local, state, or federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the Food Stamp Act, according
to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security number, and, if available, photograph of any
member of a household receiving food support shall be made available, on request, to a
local, state, or federal law enforcement officer if the officer furnishes the agency with the
name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal
law; or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official
duty;

(19) the current address of a recipient of Minnesota family investment program,
general assistance, general assistance medical care, or food support may be disclosed to
law enforcement officers who, in writing, provide the name of the recipient and notify the
agency that the recipient is a person required to register under section 243.166, but is not
residing at the address at which the recipient is registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on
the distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the
income of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7
;

(23) to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students eligible for free
and reduced-price meals, meal supplements, and free milk according to United States
Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
state funds that are distributed based on income of the student's family; and to verify
receipt of energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by federal regulation or law for
the administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for
access to the child support system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by
exchanging data between the Departments of Human Services and Education, on
recipients and former recipients of food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;

(28) to evaluate child support program performance and to identify and prevent
fraud in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
and (b), without regard to the limitation of use in paragraph (c), Department of Health,
Department of Employment and Economic Development, and other state agencies as is
reasonably necessary to perform these functions;

(29) counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the commissioner
of education; deleted text begin or
deleted text end

(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal lawdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services, provided that a health record may be disclosed only as
provided under section 144.293, if the patient has provided annual consent, consistent
with section 144.293, subdivisions 2 and 4.
new text end

(b) Information on persons who have been treated for drug or alcohol abuse may
only be disclosed according to the requirements of Code of Federal Regulations, title
42, sections 2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).

For the purposes of this subdivision, a request will be deemed to be made in writing
if made through a computer interface system.

Sec. 2.

Minnesota Statutes 2014, section 13.46, subdivision 7, is amended to read:


Subd. 7.

Mental health data.

(a) Mental health data are private data on individuals
and shall not be disclosed, except:

(1) pursuant to section 13.05, as determined by the responsible authority for the
community mental health center, mental health division, or provider;

(2) pursuant to court order;

(3) pursuant to a statute specifically authorizing access to or disclosure of mental
health data or as otherwise provided by this subdivision; deleted text begin or
deleted text end

(4) new text begin to personnel of the welfare system working in the same program or providing
services to the same individual or family to the extent necessary to coordinate services,
provided that a health record may be disclosed only as provided under section 144.293, if
the patient has provided annual consent, consistent with section 144.293, subdivisions
2 and 4;
new text end

new text begin (5) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services, provided that a health record may be disclosed only as
provided under section 144.293, if the patient has provided annual consent, consistent with
section 144.293, subdivisions 2 and 4; or
new text end

new text begin (6) new text end with the consent of the client or patient.

(b) An agency of the welfare system may not require an individual to consent to the
release of mental health data as a condition for receiving services or for reimbursing a
community mental health center, mental health division of a county, or provider under
contract to deliver mental health services.

(c) Notwithstanding section 245.69, subdivision 2, paragraph (f), or any other law
to the contrary, the responsible authority for a community mental health center, mental
health division of a county, or a mental health provider must disclose mental health data to
a law enforcement agency if the law enforcement agency provides the name of a client or
patient and communicates that the:

(1) client or patient is currently involved in an emergency interaction with the law
enforcement agency; and

(2) data is necessary to protect the health or safety of the client or patient or of
another person.

The scope of disclosure under this paragraph is limited to the minimum necessary for
law enforcement to respond to the emergency. Disclosure under this paragraph may include,
but is not limited to, the name and telephone number of the psychiatrist, psychologist,
therapist, mental health professional, practitioner, or case manager of the client or patient.
A law enforcement agency that obtains mental health data under this paragraph shall
maintain a record of the requestor, the provider of the information, and the client or patient
name. Mental health data obtained by a law enforcement agency under this paragraph
are private data on individuals and must not be used by the law enforcement agency for
any other purpose. A law enforcement agency that obtains mental health data under this
paragraph shall inform the subject of the data that mental health data was obtained.

(d) In the event of a request under paragraph (a), clause (4), a community mental
health center, county mental health division, or provider must release mental health data to
Criminal Mental Health Court personnel in advance of receiving a copy of a consent if the
Criminal Mental Health Court personnel communicate that the:

(1) client or patient is a defendant in a criminal case pending in the district court;

(2) data being requested is limited to information that is necessary to assess whether
the defendant is eligible for participation in the Criminal Mental Health Court; and

(3) client or patient has consented to the release of the mental health data and a copy
of the consent will be provided to the community mental health center, county mental
health division, or provider within 72 hours of the release of the data.

For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty
criminal calendar of the Hennepin County District Court for defendants with mental illness
and brain injury where a primary goal of the calendar is to assess the treatment needs of
the defendants and to incorporate those treatment needs into voluntary case disposition
plans. The data released pursuant to this paragraph may be used for the sole purpose of
determining whether the person is eligible for participation in mental health court. This
paragraph does not in any way limit or otherwise extend the rights of the court to obtain the
release of mental health data pursuant to court order or any other means allowed by law.

Sec. 3.

Minnesota Statutes 2014, section 144.293, subdivision 5, is amended to read:


Subd. 5.

Exceptions to consent requirement.

This section does not prohibit the
release of health records:

(1) for a medical emergency when the provider is unable to obtain the patient's
consent due to the patient's condition or the nature of the medical emergency;

(2) to other providers within related health care entities when necessary for the
current treatment of the patient; deleted text begin or
deleted text end

(3) to a health care facility licensed by this chapter, chapter 144A, or to the same
types of health care facilities licensed by this chapter and chapter 144A that are licensed
in another state when a patient:

(i) is returning to the health care facility and unable to provide consent; or

(ii) who resides in the health care facility, has services provided by an outside
resource under Code of Federal Regulations, title 42, section 483.75(h), and is unable to
provide consentdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (4) to a program in the welfare system, as defined in section 13.46, upon written
documentation that access to the data are necessary to coordinate services for an individual
who is receiving services from the welfare system.
new text end

Sec. 4.

Minnesota Statutes 2014, section 245.467, subdivision 6, is amended to read:


Subd. 6.

Restricted access to data.

The county board shall establish procedures
to ensure that the names and addresses of persons receiving mental health services are
disclosed only to:

(1) county employees who are specifically responsible for determining county of
financial responsibility or making payments to providers; deleted text begin and
deleted text end

(2) staff who provide treatment services or case management and their clinical
supervisorsdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) personnel of the welfare system or health care providers who have access to the
data under section 13.46, subdivision 7.
new text end

Release of mental health data on individuals submitted under subdivisions 4 and 5,
to persons other than those specified in this subdivision, or use of this data for purposes
other than those stated in subdivisions 4 and 5, results in civil or criminal liability under
the standards in section 13.08 or 13.09.

new text begin Only individuals with explicit authorization may enter, update, or access not public
data. The ability of authorized individuals to enter, update, or access data must be limited
through the use of role-based access that corresponds to the official duties or training level
of the individual, and the statutory authorization that grants access for that purpose. All
queries and responses, and all actions in which data are entered, updated, accessed, shared,
or disseminated, must be recorded in a data audit trail. Data contained in the audit trail are
public, to the extent that the data are not otherwise classified by law. The authorization
of any individual determined to have willfully entered, updated, accessed, shared, or
disseminated data in violation of this section, or any other provision of law, must be
immediately and permanently revoked. If an individual is determined to have willfully
gained access to data without explicit authorization, the matter must be forwarded to the
county attorney for prosecution.
new text end

Sec. 5.

Minnesota Statutes 2014, section 245.4876, subdivision 7, is amended to read:


Subd. 7.

Restricted access to data.

The county board shall establish procedures
to ensure that the names and addresses of children receiving mental health services and
their families are disclosed only to:

(1) county employees who are specifically responsible for determining county of
financial responsibility or making payments to providers; deleted text begin and
deleted text end

(2) staff who provide treatment services or case management and their clinical
supervisorsdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) personnel of the welfare system or health care providers who have access to the
data under section 13.46, subdivision 7.
new text end

Release of mental health data on individuals submitted under subdivisions 5 and 6,
to persons other than those specified in this subdivision, or use of this data for purposes
other than those stated in subdivisions 5 and 6, results in civil or criminal liability under
section 13.08 or 13.09.

new text begin Only individuals with explicit authorization may enter, update, or access not public
data. The ability of authorized individuals to enter, update, or access data must be limited
through the use of role-based access that corresponds to the official duties or training level
of the individual, and the statutory authorization that grants access for that purpose. All
queries and responses, and all actions in which data are entered, updated, accessed, shared,
or disseminated, must be recorded in a data audit trail. Data contained in the audit trail are
public, to the extent that the data are not otherwise classified by law. The authorization
of any individual determined to have willfully entered, updated, accessed, shared, or
disseminated data in violation of this section, or any other provision of law, must be
immediately and permanently revoked. If an individual is determined to have willfully
gained access to data without explicit authorization, the matter must be forwarded to the
county attorney for prosecution.
new text end