1.1                          A bill for an act 
  1.2             relating to health; modifying access to health 
  1.3             records; amending Minnesota Statutes 1995 Supplement, 
  1.4             section 144.335, subdivision 3a. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.7   144.335, subdivision 3a, is amended to read: 
  1.8      Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
  1.9   LIABILITY.] (a) A provider, or a person who receives health 
  1.10  records from a provider, may not release a patient's health 
  1.11  records to a person without a signed and dated consent from the 
  1.12  patient or the patient's legally authorized representative 
  1.13  authorizing the release, unless the release is specifically 
  1.14  authorized by law.  Except as provided in paragraph (c), a 
  1.15  consent is valid for one year or for a lesser period specified 
  1.16  in the consent or for a different period provided by law.  
  1.17     (b) This subdivision does not prohibit the release of 
  1.18  health records: 
  1.19     (1) for a medical emergency when the provider is unable to 
  1.20  obtain the patient's consent due to the patient's condition or 
  1.21  the nature of the medical emergency; or 
  1.22     (2) to other providers within related health care entities 
  1.23  when necessary for the current treatment of the patient. 
  1.24     (c) Notwithstanding paragraph (a), if a patient explicitly 
  1.25  gives informed consent to the release of health records for the 
  2.1   purposes and pursuant to the restrictions in clauses (1) and 
  2.2   (2), the consent does not expire after one year for: 
  2.3      (1) the release of health records to a provider who is 
  2.4   being advised or consulted with in connection with the current 
  2.5   treatment of the patient; 
  2.6      (2) the release of health records to an accident and health 
  2.7   insurer, health service plan corporation, health maintenance 
  2.8   organization, or third-party administrator for purposes of 
  2.9   payment of claims, fraud investigation, or quality of care 
  2.10  review and studies, provided that: 
  2.11     (i) the use or release of the records complies with 
  2.12  sections 72A.49 to 72A.505; 
  2.13     (ii) further use or release of the records in individually 
  2.14  identifiable form to a person other than the patient without the 
  2.15  patient's consent is prohibited; and 
  2.16     (iii) the recipient establishes adequate safeguards to 
  2.17  protect the records from unauthorized disclosure, including a 
  2.18  procedure for removal or destruction of information that 
  2.19  identifies the patient. 
  2.20     (d) Until June 1, 1996, Paragraph (a) does not prohibit the 
  2.21  release of health records to qualified personnel solely for 
  2.22  purposes of medical or scientific research, if the patient has 
  2.23  not objected to a release for research purposes and the provider 
  2.24  who releases the records makes a reasonable effort to determine 
  2.25  that: 
  2.26     (i) the use or disclosure does not violate any limitations 
  2.27  under which the record was collected; 
  2.28     (ii) the use or disclosure in individually identifiable 
  2.29  form is necessary to accomplish the research or statistical 
  2.30  purpose for which the use or disclosure is to be made; 
  2.31     (iii) the recipient has established and maintains adequate 
  2.32  safeguards to protect the records from unauthorized disclosure, 
  2.33  including a procedure for removal or destruction of information 
  2.34  that identifies the patient; and 
  2.35     (iv) further use or release of the records in individually 
  2.36  identifiable form to a person other than the patient without the 
  3.1   patient's consent is prohibited. 
  3.2      A provider who releases health records to an external 
  3.3   researcher under this paragraph shall: 
  3.4      (1) for health records generated after January 1, 1997, 
  3.5   notify patients that health records may be released for research 
  3.6   purposes and that the patient may object to the release; 
  3.7      (2) document the release in the patient's health record in 
  3.8   a manner that enables the patient to learn the name and 
  3.9   affiliation of the person to whom the record is released, date 
  3.10  of the release, and to the extent practicable, a description of 
  3.11  the records that were released; and 
  3.12     (3) at the request of the patient, provide information on 
  3.13  how the patient may contact the researcher to whom the health 
  3.14  record was released and the date it was released. 
  3.15     (e) A person who negligently or intentionally releases a 
  3.16  health record in violation of this subdivision, or who forges a 
  3.17  signature on a consent form, or who obtains under false 
  3.18  pretenses the consent form or health records of another person, 
  3.19  or who, without the person's consent, alters a consent form, is 
  3.20  liable to the patient for compensatory damages caused by an 
  3.21  unauthorized release, plus costs and reasonable attorney's fees. 
  3.22     (f) Upon the written request of a spouse, parent, child, or 
  3.23  sibling of a patient being evaluated for or diagnosed with 
  3.24  mental illness, a provider shall inquire of a patient whether 
  3.25  the patient wishes to authorize a specific individual to receive 
  3.26  information regarding the patient's current and proposed course 
  3.27  of treatment.  If the patient so authorizes, the provider shall 
  3.28  communicate to the designated individual the patient's current 
  3.29  and proposed course of treatment.  Paragraph (a) applies to 
  3.30  consents given under this paragraph.