HF 969

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to health; modifying provisions governing patient access to health
records and costs; amending Minnesota Statutes 2008, sections 144.292,
subdivisions 5, 6; 144.293, subdivisions 4, 6.

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

Section 1.

Minnesota Statutes 2008, section 144.292, subdivision 5, is amended to read:

Subd. 5.

Copies of health records to patients.

Except as provided in section
144.296, upon deleted text begin a patient's deleted text end written request new text begin from a patient or a person who is authorized by
the patient to obtain access for a lawful purpose new text end , a provider deleted text begin , at a reasonable cost to the
patient, deleted text end shall promptly furnish to the patient new text begin or authorized person new text end :

(1) copies of the patient's health record new text begin in the possession of the provider, regardless
of whether the record was generated by the provider or received by the provider from
another source new text end , including but not limited to laboratory reports, x-rays, prescriptions, and
other technical information used in assessing the patient's health conditions; or

(2) the pertinent portion of the record relating to a condition specified by the patient new text begin
or authorized person new text end .

With the consent of the patient new text begin or authorized person new text end , the provider may instead
furnish only a summary of the record. The provider may exclude from the health record
written speculations about the patient's health condition, except that all information
necessary for the patient's informed consent must be provided.

Sec. 2.

Minnesota Statutes 2008, section 144.292, subdivision 6, is amended to read:

Subd. 6.

Cost.

(a) When a patient requests a copy of the patient's record for
purposes of reviewing current medical care, the provider must not charge a fee.

(b) When a provider or its representative makes new text begin paper new text end copies of patient records upon
a patient's request under this section new text begin or the request of a person who is authorized by the
patient to obtain access for a lawful purpose new text end , the provider or its representative may charge
deleted text begin the patient or the patient's representative deleted text end no more than deleted text begin 75 deleted text end new text begin five new text end cents per page, deleted text begin plus $10 deleted text end new text begin
or the actual cost of making the copies, whichever is less. The following fees are the
maximum that may be charged new text end for time spent retrieving and copying deleted text begin the deleted text end new text begin paper new text end records,
unless other law or a rule or contract provide for a lower maximum charge deleted text begin . deleted text end new text begin :
new text end

new text begin (1) $10 for up to ten pages of records;
new text end

new text begin (2) $20 for 11 to 100 pages; or
new text end

new text begin (3) $30 for more than 100 pages.
new text end

deleted text begin This limitation does not apply to x-rays. deleted text end new text begin (c) If a provider maintains health records
electronically, the provider must make the records available by electronic means if
requested by the patient or authorized person. A fee of up to $10 may be charged for
transmitting electronic copies of health records and no other fee or charge may be imposed.
new text end

deleted text begin The deleted text end new text begin (d) A new text end provider may charge a patient no more than the actual cost of reproducing
x-rays, new text begin CAT scans, magnetic resonance images, or similar types of diagnostic images, new text end plus
no more than $10 for the time spent retrieving and copying the x-rays new text begin or images new text end .

deleted text begin (c) The respective maximum charges of 75 cents per page and $10 for time provided
in this subdivision are in effect for calendar year 1992 and may be adjusted annually each
calendar year as provided in this subdivision. The permissible maximum charges shall
change each year by an amount that reflects the change, as compared to the previous year,
in the Consumer Price Index for all Urban Consumers, Minneapolis-St. Paul (CPI-U),
published by the Department of Labor.
deleted text end

new text begin (e) Only one retrieval fee may be charged for each request under paragraph (b),
(c), or (d) for copies or electronic transmittal of records maintained by a provider. A
provider must not charge multiple retrieval fees by requiring separate requests for records
maintained by different departments within the same health care entity.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end A provider or its representative must not charge a fee to provide copies of
records requested by a patient or the patient's authorized representative if the request for
copies of records is for purposes of appealing a denial of Social Security disability income
or Social Security disability benefits under title II or title XVI of the Social Security Act.
For the purpose of further appeals, a patient may receive no more than two medical record
updates without charge, but only for medical record information previously not provided.
For purposes of this paragraph, a patient's authorized representative does not include units
of state government engaged in the adjudication of Social Security disability claims.

Sec. 3.

Minnesota Statutes 2008, section 144.293, subdivision 4, is amended to read:

Subd. 4.

Duration of consent new text begin ; scope new text end .

Except as provided in this section, a consent
is valid for one year or for a lesser period specified in the consent or for a different period
provided by law. new text begin During the period of time a consent is valid, it applies to all health
records generated up to the time the request is made, regardless of when the consent was
executed, subject to any limitation specified in the consent.
new text end

Sec. 4.

Minnesota Statutes 2008, section 144.293, subdivision 6, is amended to read:

Subd. 6.

Consent does not expire.

Notwithstanding subdivision 4, if a patient
explicitly gives informed consent to the release of health records for the purposes and
restrictions in clauses (1) deleted text begin and (2) deleted text end new text begin to (3) new text end , the consent does not expire after one year for:

(1) the release of health records to a provider who is being advised or consulted with
in connection with the releasing provider's current treatment of the patient;

(2) the release of health records to an accident and health insurer, health service plan
corporation, health maintenance organization, or third-party administrator for purposes of
payment of claims, fraud investigation, or quality of care review and studies, provided that:

(i) the use or release of the records complies with sections 72A.49 to 72A.505;

(ii) further use or release of the records in individually identifiable form to a person
other than the patient without the patient's consent is prohibited; and

(iii) the recipient establishes adequate safeguards to protect the records from
unauthorized disclosure, including a procedure for removal or destruction of information
that identifies the patient deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) the release of health records to the patient's attorney or other legal representative,
subject to any period of time or duration specified in the consent.
new text end