HF 3971

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to Hennepin County; authorizing the electronic exchange of certain
medical data; amending Minnesota Statutes 2006, section 383B.917, subdivision
1.

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

Section 1.

Minnesota Statutes 2006, section 383B.917, subdivision 1, is amended to
read:

Subdivision 1.

Data Practices Act.

(a) The corporation is subject to chapter 13, the
Minnesota Government Data Practices Act.

(b) "Competitive data," as defined in this subdivision, are nonpublic data pursuant
to section 13.02, subdivision 9, or private data on individuals pursuant to section 13.02,
subdivision 12. Competitive data are any type of data that the corporation, in its discretion,
determines that if disclosed could cause competitive disadvantage to the corporation,
including causing adverse effects on the current or future competitive position of the
corporation or the entities, facilities, and operations for which it is responsible. Data
discussed at an open meeting of the corporation retains the data's original classification,
including classification as competitive data, as provided in section 13D.05, subdivision
1, paragraph (c). Any data disseminated by the corporation to the county shall retain the
same classification in the hands of the county, including the classification as competitive
data, as provided in section 13.03, subdivision 4.

(c) A subsidiary, joint venture, association, partnership, or other entity that is formed
by the corporation is not subject to chapter 13, except that if the corporation enters into a
contract with such an entity to perform any functions of the corporation, the corporation
shall include in the contract terms that make it clear that data created, collected, received,
stored, used, maintained, or disseminated by the contracting entity in performing those
functions is subject to the same requirements under chapter 13 as the corporation under
this subdivision. However, this section does not create a duty on the part of the contracting
entity to provide access to public data to the public if the public data are available from
the corporation, except as required by the terms of the contract. Any entity contracting to
perform functions of the corporation may classify data as competitive data as defined in
paragraph (b).

new text begin (d) Notwithstanding chapter 13, if a nonprofit corporation provides physician
services to the corporation and is participating in an electronic exchange of health records
with the corporation, the nonprofit corporation may share medical data with all other
participants in the exchange for purposes of treatment, payment, or health care operations.
The nonprofit corporation and other participants in the exchange are considered related
health care entities for purposes of section 144.293, subdivision 5, clause (2), and are
not considered outside of the corporation's facility for purposes of section 144.651,
subdivision 16.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end