HF 3443

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/25/2024 04:13pm

A bill for an act
relating to health; modifying requirements for the release of patient health records;
amending Minnesota Statutes 2022, section 144.293, subdivisions 2, 4, 9, 10;
proposing coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.2925] CONSTRUCTION.
new text end

new text begin Sections 144.291 to 144.298 shall be construed to protect the privacy of a patient's health
records in a more stringent manner than provided in Code of Federal Regulations, title 45,
part 164. For purposes of this section, "more stringent" has the meaning given to that term
in Code of Federal Regulations, title 45, section 160.202, with respect to a use or disclosure
or the need for express legal permission from an individual to disclose individually
identifiable health information.
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

Sec. 2.

Minnesota Statutes 2022, 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 new text begin Minnesota new text end law; or

(3) a representation from a provider that holds a signed and dated consent from the
patient authorizing the release.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to health records released on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 144.293, subdivision 4, is amended to read:

Subd. 4.

Duration of consent.

Except as provided in this section, a consent is valid for
one year or for a period specified in the consent or for a different period provided by
new text begin Minnesota new text end law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to health records released on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 144.293, subdivision 9, is amended to read:

Subd. 9.

Documentation of release.

(a) In cases where a provider releases health records
without patient consent as authorized by new text begin Minnesota new text end law, the release must be documented
in the patient's health record. In the case of a release under section 144.294, subdivision 2,
the documentation must include the date and circumstances under which the release was
made, the person or agency to whom the release was made, and the records that were released.

(b) When a health record is released using a representation from a provider that holds a
consent from the patient, the releasing provider shall document:

(1) the provider requesting the health records;

(2) the identity of the patient;

(3) the health records requested; and

(4) the date the health records were requested.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to health records released on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2022, section 144.293, subdivision 10, is amended to read:

Subd. 10.

Warranties regarding consents, requests, and disclosures.

(a) When
requesting health records using consent, a person warrants that the consent:

(1) contains no information known to the person to be false; and

(2) accurately states the patient's desire to have health records disclosed or that there is
specific authorization in new text begin Minnesota new text end law.

(b) When requesting health records using consent, or a representation of holding a
consent, a provider warrants that the request:

(1) contains no information known to the provider to be false;

(2) accurately states the patient's desire to have health records disclosed or that there is
specific authorization in new text begin Minnesota new text end law; and

(3) does not exceed any limits imposed by the patient in the consent.

(c) When disclosing health records, a person releasing health records warrants that the
person:

(1) has complied with the requirements of this section regarding disclosure of health
records;

(2) knows of no information related to the request that is false; and

(3) has complied with the limits set by the patient in the consent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to health records released on or after that date.
new text end