HF 4195

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

A bill for an act
relating to the Office of the Secretary of State; establishing a health care directive
registry; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 5.

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

Section 1.

new text begin [5.33] HEALTH CARE DIRECTIVE REGISTRY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; Web site. new text end

new text begin (a) The secretary of state shall establish
and maintain a health care directives registry that is accessible through a Web site
maintained by the secretary of state.
new text end

new text begin Subd. 2. new text end

new text begin Filing requirements. new text end

new text begin (a) A person may submit to the secretary of state, in
a form prescribed by the secretary of state, the following documents and any revocations
of these documents for registration:
new text end

new text begin (1) a health care directive; or
new text end

new text begin (2) a living will.
new text end

new text begin (b) Documents submitted pursuant to this section must be notarized or witnessed
as prescribed in chapters 145B and 145C.
new text end

new text begin Subd. 3. new text end

new text begin Effect of nonregistration or revocation. new text end

new text begin (a) Failure to register a
document with the secretary of state pursuant to this section does not affect the validity
of a health care directive.
new text end

new text begin (b) Failure to notify the secretary of state of the revocation of a document filed
pursuant to this section does not affect the validity of a revocation that otherwise meets the
applicable requirements for revocation under chapters 145B and 145C.
new text end

new text begin Subd. 4. new text end

new text begin Registration; purge of registered documents. new text end

new text begin (a) On receipt of a
completed registration form, the secretary of state shall create a digital reproduction of
the form, enter the reproduced form into the health care directives registry database, and
assign each registration a unique file number.
new text end

new text begin (b) The secretary of state is not required to review a document to ensure that it
complies with any particular statutory requirements that may apply to the document.
new text end

new text begin (c) After entering the reproduced document into the registry database, the secretary
of state shall return the original document to the subject of the document, or the subject's
agent, and provide that person with a printed record of the information entered into the
database, including a wallet-sized card that contains the document's file number.
new text end

new text begin (d) The subject of the document, or the subject's agent, shall review the printed
record. If the information is accurate, the person may check the box marked "No
Corrections Required" and sign and return the printed record to the secretary of state's
office.
new text end

new text begin (e) If the subject of the document, or the subject's agent, determines that the printed
record contains information that is inaccurate, the person shall correct the information
and sign and return the corrected printed record to the secretary of state. On receipt of
a corrected printed record, the secretary of state shall make the proper modifications
and send a corrected printed record to the person who submitted the document. If the
information is accurate, the person may check the box marked "No Corrections Required"
and sign and return the printed record to the secretary of state.
new text end

new text begin (f) The secretary of state shall activate the entry into the health care directives
registry database only after receiving a printed record marked "No Corrections Required."
new text end

new text begin (g) The secretary of state shall delete a document filed with the registry pursuant
to this section when the secretary of state receives a revocation of the document along
with that document's file number.
new text end

new text begin (h) The entry of a document pursuant to this section does not affect or otherwise
create a presumption regarding the validity of the document or the accuracy of the
information contained in the document.
new text end

new text begin (i) The secretary of state shall purge a document filed with the registry upon
verification by the commissioner of health of the death of the subject of the document.
The commissioner of health shall share the registry of death certifications with the
secretary of state in order to conduct the document purge required by this paragraph. The
secretary of state must purge the registry documents pursuant to this paragraph at least
once every five years.
new text end

new text begin Subd. 5. new text end

new text begin Registry information; confidentiality; transfer of information. new text end

new text begin (a) The
registry established pursuant to this section shall be accessible only to the subject of the
document, or the subject's agent.
new text end

new text begin (b) Registrations, file numbers, and other information maintained by the secretary
of state pursuant to this section are private data as defined in section 13.02, subdivision
12, and shall not be disclosed to any person other than the subject of the document, or
the subject's agent.
new text end

new text begin (c) Notwithstanding paragraph (b), a health care provider may access the registry
and receive a patient's health care directive documents for the purpose of providing health
care services to that patient. For purposes of this provision, a "health care provider" is an
individual licensed by a health licensing board as defined in section 214.01, subdivision 2.
new text end

new text begin (d) The secretary of state may only use information contained in the registry for the
purposes prescribed in this section.
new text end

new text begin (e) At the request of the subject of the document, or the subject's agent, the secretary
of state may transmit the information received regarding the health care directive to the
registry system of another jurisdiction as identified by the person.
new text end

new text begin Subd. 6. new text end

new text begin Liability; limitation. new text end

new text begin (a) Except for acts of gross negligence, willful
misconduct, or intentional wrongdoing, the state is not subject to civil liability for any
actions arising out of the administration or operation of the registry established pursuant
to this section.
new text end

new text begin (b) This section does not require a health care provider to request from the registry
information about whether a patient has executed a health care directive. A health care
provider who makes good faith health care decisions in reliance on the provisions of
an apparently genuine health care directive received from the registry is immune from
criminal and civil liability to the same extent and under the same conditions as prescribed
in section 145C.11.
new text end

new text begin (c) This section does not affect the duty of a health care provider to provide
information to a patient regarding health care directives pursuant to federal law.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated to the secretary of state from the general fund in fiscal years
2010 and 2011 in order to establish and maintain the health care directive registry.
new text end