HF 2116

as introduced - 87th Legislature (2011 - 2012) Posted on 02/16/2012 05:08pm

A bill for an act
relating to health; removing a provision that prohibited providers from charging
certain patients a fee for producing requested copies of the patient's health
record; requiring hospitals to publicly report certain information through the
Leapfrog Group; transferring the Department of Health's health economics
program to the Department of Commerce; requiring the commissioner of health
to study possible effects of allowing for-profit HMOs to operate in the state;
modifying requirements for release of patient health information; amending
Minnesota Statutes 2010, sections 144.292, subdivision 6; 144.293, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

Minnesota Statutes 2010, 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 copies of patient records upon a
patient's request under this section, the provider or its representative may charge the
patient or the patient's representative no more than 75 cents per page, plus $10 for time
spent retrieving and copying the records, unless other law or a rule or contract provide for
a lower maximum charge. This limitation does not apply to x-rays. The provider may
charge a patient no more than the actual cost of reproducing x-rays, plus no more than
$10 for the time spent retrieving and copying the x-rays.

(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 begin (d) 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.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 144.293, subdivision 2, is amended to read:

Subd. 2.

Patient consent to release of records.

A provider, or a person who
receives health records from a provider, may not release a patient's health records to a
person without:

(1) a signed and dated consent from the patient or the patient's legally authorized
representative authorizing the release;

(2) specific authorization in law; or

(3) new text begin in the case of a medical emergency, new text end a representation from a provider that holds a
signed and dated consent from the patient authorizing the release.

Sec. 3.

new text begin [144.586] PATIENT SAFETY SURVEY.
new text end

new text begin Hospitals licensed under section 144.55 must submit necessary information to the
Leapfrog Group patient safety survey on an annual basis in order to publicly report patient
safety information and track the progress of each hospital to improve quality, safety,
and efficiency of care delivery.
new text end

Sec. 4. new text begin TRANSFER OF HEALTH ECONOMICS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer. new text end

new text begin The duties and activities of the health economics program
at the Minnesota Department of Health conducted pursuant to Minnesota Statutes, chapter
62J, are transferred to the commissioner of commerce.
new text end

new text begin Subd. 2. new text end

new text begin Effect of transfer. new text end

new text begin Minnesota Statutes, section 15.039, applies to the
transfer required in subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner of commerce. new text end

new text begin During the 2013 legislative session, the
commissioner of commerce, in consultation with the revisor of statutes, shall submit to
the legislature a bill making all statutory changes required by the reorganization under
subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Effective date. new text end

new text begin The transfer required in subdivision 1 is effective July
1, 2012.
new text end

Sec. 5. new text begin STUDY OF FOR-PROFIT HEALTH MAINTENANCE
ORGANIZATIONS.
new text end

new text begin The commissioner of health shall contract with an entity with expertise in health
economics and health care delivery and quality to study the efficiency, costs, service
quality, and enrollee satisfaction of for-profit health maintenance organizations, relative to
not-for-profit health maintenance organizations operating in Minnesota and other states.
The study findings must address whether the state could: (1) reduce medical assistance
and MinnesotaCare costs and costs of providing coverage to state employees; and (2)
maintain or improve the quality of care provided to state health care program enrollees and
state employees if for-profit health maintenance organizations were allowed to operate in
the state. The commissioner shall require the entity under contract to report study findings
to the commissioner and the legislature by January 15, 2013.
new text end