HF 1144

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health data; modifying access of the 
  1.3             attorney general to health data held by governmental 
  1.4             and private entities; amending Minnesota Statutes 
  1.5             2000, sections 13.384, subdivision 3; 13.46, by adding 
  1.6             a subdivision; 62D.145, subdivision 2; 72A.502, by 
  1.7             adding a subdivision; and 144.335, by adding a 
  1.8             subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 13.384, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [CLASSIFICATION OF MEDICAL DATA.] Unless the data 
  1.13  is summary data or a statute specifically provides a different 
  1.14  classification, medical data are private but are available only 
  1.15  to the subject of the data as provided in section 144.335, and 
  1.16  shall not be disclosed to others except: 
  1.17     (a) Pursuant to section 13.05; 
  1.18     (b) Pursuant to section 253B.0921; 
  1.19     (c) Pursuant to a valid court order; 
  1.20     (d) To administer federal funds or programs; 
  1.21     (e) To the surviving spouse, parents, children, and 
  1.22  siblings of a deceased patient or client or, if there are no 
  1.23  surviving spouse, parents, children, or siblings, to the 
  1.24  surviving heirs of the nearest degree of kindred; 
  1.25     (f) To communicate a patient's or client's condition to a 
  1.26  family member or other appropriate person in accordance with 
  1.27  acceptable medical practice, unless the patient or client 
  2.1   directs otherwise; or 
  2.2      (g) As otherwise required by law.  
  2.3      (h) Notwithstanding any other provision of this 
  2.4   subdivision, the attorney general is prohibited from obtaining 
  2.5   access to medical data except through the procedure established 
  2.6   in section 144.335, subdivision 3d. 
  2.7      Sec. 2.  Minnesota Statutes 2000, section 13.46, is amended 
  2.8   by adding a subdivision to read: 
  2.9      Subd. 12.  [ATTORNEY GENERAL.] Notwithstanding any other 
  2.10  provision of this section, the attorney general is prohibited 
  2.11  from obtaining access to medical data or mental health data 
  2.12  except through the procedure established in section 144.335, 
  2.13  subdivision 3d. 
  2.14     Sec. 3.  Minnesota Statutes 2000, section 62D.145, 
  2.15  subdivision 2, is amended to read: 
  2.16     Subd. 2.  [HEALTH DATA OR INFORMATION.] (a) A health 
  2.17  maintenance organization is prohibited from disclosing to any 
  2.18  person any individually identifiable data or information held by 
  2.19  the health maintenance organization pertaining to the diagnosis, 
  2.20  treatment, or health of any enrollee, or any application 
  2.21  obtained from any person, except: 
  2.22     (1) to the extent necessary to carry out the purposes of 
  2.23  this chapter, the commissioner and a designee shall have access 
  2.24  to the above data or information but the data removed from the 
  2.25  health maintenance organization or participating entity shall 
  2.26  not identify any particular patient or client by name or contain 
  2.27  any other unique personal identifier; 
  2.28     (2) upon the express consent of the enrollee or applicant; 
  2.29     (3) pursuant to statute or court order for the production 
  2.30  of evidence or the discovery thereof; 
  2.31     (4) in the event of claim or litigation between the person 
  2.32  and the provider or health maintenance organization wherein such 
  2.33  data or information is pertinent; 
  2.34     (5) to meet the requirements of contracts for prepaid 
  2.35  medical services with the commissioner of human services 
  2.36  authorized under chapter 256B, 256D, or 256L; 
  3.1      (6) to meet the requirements of contracts for benefit plans 
  3.2   with the commissioner of employee relations under chapter 43A; 
  3.3   or 
  3.4      (7) as otherwise authorized pursuant to statute. 
  3.5      No provision in a contract for a benefit plan under chapter 
  3.6   43A shall authorize dissemination of individually identifiable 
  3.7   health records, unless the dissemination of the health records 
  3.8   is required to carry out the requirements of the contract and 
  3.9   employees whose health records will be disseminated are fully 
  3.10  informed of the dissemination by the department of employee 
  3.11  relations at the time the employees are enrolling for or 
  3.12  changing insurance coverage. 
  3.13     (b) In any case involving a suspected violation of a law 
  3.14  applicable to health maintenance organizations in which access 
  3.15  to health data maintained by the health maintenance organization 
  3.16  or participating entity is necessary, the commissioner and 
  3.17  agents, while maintaining the privacy rights of individuals and 
  3.18  families, shall be permitted to obtain data that identifies any 
  3.19  particular patient or client by name.  A health maintenance 
  3.20  organization shall be entitled to claim any statutory privileges 
  3.21  against such disclosure which the provider who furnished the 
  3.22  information to the health maintenance organization is entitled 
  3.23  to claim. 
  3.24     (c) Notwithstanding any other provision of this 
  3.25  subdivision, the attorney general is prohibited from obtaining 
  3.26  access to individually identifiable data or information under 
  3.27  this subdivision except through the procedure established in 
  3.28  section 144.335, subdivision 3d. 
  3.29     Sec. 4.  Minnesota Statutes 2000, section 72A.502, is 
  3.30  amended by adding a subdivision to read: 
  3.31     Subd. 5a.  [ATTORNEY GENERAL.] Notwithstanding any other 
  3.32  provision of this section, the attorney general is prohibited 
  3.33  from obtaining access to health record information except 
  3.34  through the procedure established in section 144.335, 
  3.35  subdivision 3d. 
  3.36     Sec. 5.  Minnesota Statutes 2000, section 144.335, is 
  4.1   amended by adding a subdivision to read: 
  4.2      Subd. 3d.  [ATTORNEY GENERAL ACCESS TO RECORDS.] The 
  4.3   attorney general must follow the procedure established in this 
  4.4   subdivision to obtain access to patient health records or any 
  4.5   other individually identifiable medical data about a patient.  
  4.6   To obtain access to patient health records or any other 
  4.7   individually identifiable medical data about a patient, the 
  4.8   attorney general must seek a court order authorizing release of 
  4.9   the data.  Before releasing any data, the court or the entity 
  4.10  maintaining the data must contact all patients who are the 
  4.11  subjects of the data, notify the patients that the attorney 
  4.12  general has requested access to the data, and give patients the 
  4.13  opportunity to refuse to have their data released to the 
  4.14  attorney general.  The court shall not release any patient 
  4.15  health records or other individually identifiable medical data, 
  4.16  pursuant to a court order, for which the patient who is the 
  4.17  subject of the data has refused to consent to the release.