HF 5058

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 11:23am

A bill for an act
relating to health; modifying requirements relating to the provision of cause of
death information; permitting administrative penalties; amending Minnesota
Statutes 2022, sections 144.221, by adding a subdivision; 144.227, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2022, section 144.221, is amended by adding a subdivision
to read:

Subd. 2a.

Investigated natural deaths.

(a) If a medical examiner or coroner investigates
a death and declines jurisdiction based on the medical examiner's or coroner's determination
that the death was due to natural causes, cause of death information for the death must be
provided by:

(1) a physician present at the time of death;

(2) a physician or associate of a physician who provided medical treatment for the
deceased before death; or

(3) a physician who has direct knowledge of the circumstances and cause of death and
has access to the medical record of the deceased.

(b) If there is no physician meeting the description of paragraph (a), clause (1) or (3), a
physician or associate of a physician meeting the description of paragraph (a), clause (2),
has 72 hours to complete the requirements of paragraph (a) after the individual receives
notification that:

(1) the medical examiner or coroner declined jurisdiction; and

(2) no physician meeting the description of paragraph (a), clause (1) or (3), exists.

(c) A medical examiner or coroner that has declined jurisdiction may provide cause of
death information if:

(1) the time period for information to be provided by a physician or associate of a
physician described in paragraph (b) has elapsed; or

(2) the medical examiner or coroner has received a statement that the physician or
associate of a physician refuses to provide the cause of death information.

(d) If a medical examiner or coroner that has declined jurisdiction provides cause of
death information pursuant to paragraph (c), the individual may recover all costs incurred
in providing cause of death information from the refusing physician or associate of a
physician.

Sec. 2.

Minnesota Statutes 2022, section 144.227, is amended by adding a subdivision to
read:

Subd. 4.

Death registration.

The commissioner may impose a penalty on a physician
or associate of a physician, as applicable, in the amount of $1,000 for each day that:

(1) the physician or associate of a physician intentionally fails to meet the requirements
of section 144.221, subdivision 2a; and

(2) a medical examiner or coroner who has declined jurisdiction has not provided cause
of death information pursuant to section 144.221, subdivision 2a, paragraph (c).