HF 939

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/26/2023 03:27pm

A bill for an act
relating to human services; requiring destruction of certain welfare data; requiring
a report.

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

Section 1. new text begin DIRECTION TO RESPONSIBLE AUTHORITIES; DESTRUCTION OF
MEDICAL ASSISTANCE WELFARE DATA.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 138.17, ten years following the date
the data was collected or created, the responsible authority as defined in Minnesota Statutes,
section 13.46, subdivision 10, for each component part of the welfare system as defined in
Minnesota Statutes, section 13.46, subdivision 1, must destroy all medical assistance
non-long-term services and supports claims data that is not needed to comply with active
litigation, fraud prevention or investigation, or third-party liability requirements, collected
or created between January 1, 2014, and June 30, 2016, on any individual who was:
new text end

new text begin (1) 52 years of age or older as of July 1, 2013;
new text end

new text begin (2) newly eligible for medical assistance as of January 1, 2014, due to the implementation
of Laws 2013, chapter 1, as amended by Laws 2013, chapter 108, article 6, section 32, and
Laws 2014, chapter 312, article 30, section 6; and
new text end

new text begin (3) a recipient between January 1, 2014, and June 30, 2016, of medical assistance
coverage, benefits, or services, unless the services received included nursing facility services
or home and community-based services.
new text end

new text begin (b) The commissioner of human services, in collaboration with any other responsible
authority identified in paragraph (a), shall submit a report to the chairs and ranking minority
members of the legislative committees with jurisdiction over data practices and human
services by January 15, 2027, confirming compliance with this section.
new text end

new text begin (c) The responsible authority must comply with paragraph (a) within a reasonable period
not to exceed 60 days following the expiration of the ten-year retention period identified in
paragraph (a).
new text end