HF 1560

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/01/2016 10:45am

A bill for an act
relating to health; requiring a patient's affirmative consent or nonconsent for each
item when requested to release health records; amending Minnesota Statutes
2014, section 144.293, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 144.293, subdivision 2, is amended to read:

Subd. 2.

Patient consent to release of records.

new text begin (a) new text end 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 law; or

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

new text begin (b) Any consent form signed by a patient must include an option to indicate "yes" or
"no" to individual items for which the provider is requesting consent. The provider may not
condition the patient's receipt of treatment on the patient's willingness to release records.
new text end