HF 2050

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; modifying access to health care
records; amending Minnesota Statutes 2004, section
144.335, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 144.335, is
amended by adding a subdivision to read:

new text begin Subd. 3d. new text end

new text begin Family involvement. new text end

new text begin (a) Notwithstanding
subdivision 3a, a provider providing mental health care and
treatment may provide information about a patient to a family
member of the patient or other person if:
new text end

new text begin (1) the family member or other person lives with, provides
care for, or is directly involved in monitoring the treatment of
the patient;
new text end

new text begin (2) the involvement under clause (1) is verified by the
patient's mental health care provider, the patient's attending
physician, or a person other than the person requesting the
information;
new text end

new text begin (3) the patient agrees to the disclosure or does not object
to the disclosure or it is determined, based on professional
judgment, that the patient does not object;
new text end

new text begin (4) the provider determines, based on professional
judgment, that the disclosure is in the best interests of the
patient if the patient is not present, the patient is
incapacitated, or emergency circumstances exist;
new text end

new text begin (5) the disclosure is necessary to assist in the provision
of care or monitoring of the patient's treatment;
new text end

new text begin (6) prior to the disclosure, the patient is informed in
writing of the request, the name of the person requesting the
information, the reason for the request, and the specific
information being provided;
new text end

new text begin (7) the request for information is in writing, except in an
emergency as determined by the mental health professional; and
new text end

new text begin (8) the information disclosed is limited to diagnosis,
admission to or discharge from treatment, the name of the
medications prescribed, side effects of the medication,
consequences of failure of the patient to take the prescribed
medication, and a summary of the discharge plan.
new text end

new text begin (b) If a provider reasonably determines that providing
information under this subdivision would be detrimental to the
physical or mental health of the patient or is likely to cause
the patient to inflict self harm or to harm another, the
provider may withhold the information from the person requesting
information.
new text end