1.1                          A bill for an act 
  1.2             relating to privacy; providing for the classification 
  1.3             of and access to government data; eliminating the 
  1.4             requirement that government agencies pay a fee for 
  1.5             commissioner's opinions; modifying provisions 
  1.6             governing access to medical records for research 
  1.7             purposes; amending Minnesota Statutes 1996, sections 
  1.8             13.32, subdivisions 1, 3, and by adding a subdivision; 
  1.9             13.646, subdivision 1; 13.99, by adding subdivisions; 
  1.10            53A.081, by adding a subdivision; 144.335, subdivision 
  1.11            3a; and 260.161, by adding a subdivision; proposing 
  1.12            coding for new law in Minnesota Statutes, chapter 268; 
  1.13            repealing Minnesota Statutes 1996, sections 13.072, 
  1.14            subdivision 3; 13.71, subdivisions 18, 19, 20, and 21; 
  1.15            and 13.99, subdivision 21d. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1996, section 13.32, 
  1.18  subdivision 1, is amended to read: 
  1.19     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.20     (a) "Educational data" means data on individuals maintained 
  1.21  by a public educational agency or institution or by a person 
  1.22  acting for the agency or institution which relates to a student. 
  1.23     Records of instructional personnel which are in the sole 
  1.24  possession of the maker thereof and are not accessible or 
  1.25  revealed to any other individual except a substitute teacher, 
  1.26  and are destroyed at the end of the school year, shall not be 
  1.27  deemed to be government data.  
  1.28     Records of a law enforcement unit of a public educational 
  1.29  agency or institution which are maintained apart from education 
  1.30  data and are maintained solely for law enforcement purposes, and 
  2.1   are not disclosed to individuals other than law enforcement 
  2.2   officials of the jurisdiction are not educational data; 
  2.3   provided, that education records maintained by the educational 
  2.4   agency or institution are not disclosed to the personnel of the 
  2.5   law enforcement unit.  The University of Minnesota police 
  2.6   department is a law enforcement agency for purposes of section 
  2.7   13.82 and other sections of Minnesota Statutes dealing with law 
  2.8   enforcement records.  Records of organizations providing 
  2.9   security services to a public educational agency or institution 
  2.10  must be administered consistent with section 13.861. 
  2.11     Records relating to a student who is employed by a public 
  2.12  educational agency or institution which are made and maintained 
  2.13  in the normal course of business, relate exclusively to the 
  2.14  individual in that individual's capacity as an employee, and are 
  2.15  not available for use for any other purpose are classified 
  2.16  pursuant to section 13.43.  
  2.17     (b) "Juvenile justice system" includes criminal justice 
  2.18  agencies and the judiciary when involved in juvenile justice 
  2.19  activities. 
  2.20     (c) "Student" means an individual currently or formerly 
  2.21  enrolled or registered, applicants for enrollment or 
  2.22  registration at a public educational agency or institution, or 
  2.23  individuals who receive shared time educational services from a 
  2.24  public agency or institution. 
  2.25     (c) (d) "Substitute teacher" means an individual who 
  2.26  performs on a temporary basis the duties of the individual who 
  2.27  made the record, but does not include an individual who 
  2.28  permanently succeeds to the position of the maker of the record. 
  2.29     Sec. 2.  Minnesota Statutes 1996, section 13.32, 
  2.30  subdivision 3, is amended to read: 
  2.31     Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
  2.32  Except as provided in subdivision 5, educational data is private 
  2.33  data on individuals and shall not be disclosed except as follows:
  2.34     (a) Pursuant to section 13.05; 
  2.35     (b) Pursuant to a valid court order; 
  2.36     (c) Pursuant to a statute specifically authorizing access 
  3.1   to the private data; 
  3.2      (d) To disclose information in health and safety 
  3.3   emergencies pursuant to the provisions of United States Code, 
  3.4   title 20, section 1232g(b)(1)(I) and Code of Federal 
  3.5   Regulations, title 34, section 99.36 which are in effect on July 
  3.6   1, 1993; 
  3.7      (e) Pursuant to the provisions of United States Code, title 
  3.8   20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
  3.9   (b)(3) and Code of Federal Regulations, title 34, sections 
  3.10  99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 
  3.11  July 1, 1993; 
  3.12     (f) To appropriate health authorities to the extent 
  3.13  necessary to administer immunization programs and for bona fide 
  3.14  epidemiologic investigations which the commissioner of health 
  3.15  determines are necessary to prevent disease or disability to 
  3.16  individuals in the public educational agency or institution in 
  3.17  which the investigation is being conducted; 
  3.18     (g) When disclosure is required for institutions that 
  3.19  participate in a program under title IV of the Higher Education 
  3.20  Act, United States Code, title 20, chapter 1092, in effect on 
  3.21  July 1, 1993; 
  3.22     (h) To the appropriate school district officials to the 
  3.23  extent necessary under subdivision 6, annually to indicate the 
  3.24  extent and content of remedial instruction, including the 
  3.25  results of assessment testing and academic performance at a 
  3.26  post-secondary institution during the previous academic year by 
  3.27  a student who graduated from a Minnesota school district within 
  3.28  two years before receiving the remedial instruction; or 
  3.29     (i) To appropriate authorities as provided in United States 
  3.30  Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
  3.31  the juvenile justice system and the ability of the system to 
  3.32  effectively serve, prior to adjudication, the student whose 
  3.33  records are released; and the authorities to whom the data are 
  3.34  released certify in writing that the data will not be disclosed 
  3.35  to any other person except as authorized by law without the 
  3.36  written consent of the parent of the student; or 
  4.1      (i) (j) To volunteers who are determined to have a 
  4.2   legitimate educational interest in the data and who are 
  4.3   conducting activities and events sponsored by or endorsed by the 
  4.4   educational agency or institution for students or former 
  4.5   students. 
  4.6      Sec. 3.  Minnesota Statutes 1996, section 13.32, is amended 
  4.7   by adding a subdivision to read: 
  4.8      Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] Upon 
  4.9   request, the following education data shall be disclosed under 
  4.10  subdivision 3, clause (i), to the juvenile justice system:  a 
  4.11  student's full name, home address, telephone number, and date of 
  4.12  birth; a student's school schedule and attendance record; and 
  4.13  parents' names, home addresses, telephone numbers, and 
  4.14  photographs, if any. 
  4.15     Sec. 4.  Minnesota Statutes 1996, section 13.646, 
  4.16  subdivision 1, is amended to read: 
  4.17     Subdivision 1.  [DEFINITION.] As used in this section, 
  4.18  "state administration" means the governor's office, the 
  4.19  department of finance, and any state agency that is under the 
  4.20  direct control of the governor.  "State administration" also 
  4.21  includes the office of the attorney general. 
  4.22     Sec. 5.  Minnesota Statutes 1996, section 13.99, is amended 
  4.23  by adding a subdivision to read: 
  4.24     Subd. 6e.  [AGRICULTURAL COMMODITIES PROMOTION 
  4.25  COUNCIL.] Financial information on producers of agricultural 
  4.26  commodities that is provided to the agricultural commodities 
  4.27  promotion council is governed by section 17.62. 
  4.28     Sec. 6.  Minnesota Statutes 1996, section 13.99, is amended 
  4.29  by adding a subdivision to read: 
  4.30     Subd. 13a.  [LICENSED CURRENCY EXCHANGES.] Financial 
  4.31  information in annual reports submitted to the commissioner of 
  4.32  commerce by currency exchanges is classified in section 53A.081, 
  4.33  subdivision 4. 
  4.34     Sec. 7.  Minnesota Statutes 1996, section 13.99, is amended 
  4.35  by adding a subdivision to read: 
  4.36     Subd. 14b.  [MATERIAL TRANSACTION REPORTS.] Reports 
  5.1   required to be filed by insurers regarding certain material 
  5.2   transactions are classified under section 60A.135, subdivision 4.
  5.3      Sec. 8.  Minnesota Statutes 1996, section 13.99, is amended 
  5.4   by adding a subdivision to read: 
  5.5      Subd. 14c.  [RISK-BASED CAPITAL DATA.] Risk-based capital 
  5.6   reports and related reports, data, and orders maintained by the 
  5.7   commissioner of commerce are classified under section 60A.67. 
  5.8      Sec. 9.  Minnesota Statutes 1996, section 13.99, is amended 
  5.9   by adding a subdivision to read: 
  5.10     Subd. 15a.  [VIATICAL SETTLEMENTS DATA.] Viatical 
  5.11  settlements data provided to the commissioner of commerce are 
  5.12  classified under section 60A.968, subdivision 2. 
  5.13     Sec. 10.  Minnesota Statutes 1996, section 13.99, is 
  5.14  amended by adding a subdivision to read: 
  5.15     Subd. 19k.  [PREFERRED PROVIDER AGREEMENTS.] The terms and 
  5.16  conditions of certain preferred provider agreements are 
  5.17  classified in section 62E.13, subdivision 11. 
  5.18     Sec. 11.  Minnesota Statutes 1996, section 13.99, is 
  5.19  amended by adding a subdivision to read: 
  5.20     Subd. 59b.  [IDENTITY OF EMPLOYEES MAKING COMPLAINTS.] The 
  5.21  disclosure of the identity of employees making certain 
  5.22  complaints is governed by section 181.932, subdivision 2. 
  5.23     Sec. 12.  Minnesota Statutes 1996, section 13.99, is 
  5.24  amended by adding a subdivision to read: 
  5.25     Subd. 63a.  [REGISTERED VOTER LISTS.] Access to registered 
  5.26  voter lists is governed by section 201.091. 
  5.27     Sec. 13.  Minnesota Statutes 1996, section 53A.081, is 
  5.28  amended by adding a subdivision to read: 
  5.29     Subd. 4.  [CLASSIFICATION OF DATA.] Financial information 
  5.30  on individuals and businesses that is submitted to the 
  5.31  commissioner in the annual report under subdivision 1 are 
  5.32  private data on individuals or nonpublic data. 
  5.33     Sec. 14.  Minnesota Statutes 1996, section 144.335, 
  5.34  subdivision 3a, is amended to read: 
  5.35     Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
  5.36  LIABILITY.] (a) A provider, or a person who receives health 
  6.1   records from a provider, may not release a patient's health 
  6.2   records to a person without a signed and dated consent from the 
  6.3   patient or the patient's legally authorized representative 
  6.4   authorizing the release, unless the release is specifically 
  6.5   authorized by law.  Except as provided in paragraph (c) or (d), 
  6.6   a consent is valid for one year or for a lesser period specified 
  6.7   in the consent or for a different period provided by law.  
  6.8      (b) This subdivision does not prohibit the release of 
  6.9   health records: 
  6.10     (1) for a medical emergency when the provider is unable to 
  6.11  obtain the patient's consent due to the patient's condition or 
  6.12  the nature of the medical emergency; or 
  6.13     (2) to other providers within related health care entities 
  6.14  when necessary for the current treatment of the patient. 
  6.15     (c) Notwithstanding paragraph (a), if a patient explicitly 
  6.16  gives informed consent to the release of health records for the 
  6.17  purposes and pursuant to the restrictions in clauses (1) and 
  6.18  (2), the consent does not expire after one year for: 
  6.19     (1) the release of health records to a provider who is 
  6.20  being advised or consulted with in connection with the current 
  6.21  treatment of the patient; 
  6.22     (2) the release of health records to an accident and health 
  6.23  insurer, health service plan corporation, health maintenance 
  6.24  organization, or third-party administrator for purposes of 
  6.25  payment of claims, fraud investigation, or quality of care 
  6.26  review and studies, provided that: 
  6.27     (i) the use or release of the records complies with 
  6.28  sections 72A.49 to 72A.505; 
  6.29     (ii) further use or release of the records in individually 
  6.30  identifiable form to a person other than the patient without the 
  6.31  patient's consent is prohibited; and 
  6.32     (iii) the recipient establishes adequate safeguards to 
  6.33  protect the records from unauthorized disclosure, including a 
  6.34  procedure for removal or destruction of information that 
  6.35  identifies the patient. 
  6.36     (d) Notwithstanding paragraph (a), health records may be 
  7.1   released to a an external researcher solely for purposes of 
  7.2   medical or scientific research only as follows: 
  7.3      (1) health records generated before January 1, 1997, may be 
  7.4   released if the patient has not objected or does not elect to 
  7.5   object after that date; 
  7.6      (2) for health records generated on or after January 1, 
  7.7   1997, the provider must: 
  7.8      (i) disclose in writing to patients currently being treated 
  7.9   by the provider that health records, regardless of when 
  7.10  generated, may be released and that the patient may object, in 
  7.11  which case the records will not be released; and 
  7.12     (ii) use reasonable efforts to obtain the patient's written 
  7.13  general authorization that describes the release of records in 
  7.14  item (i), which does not expire but may be revoked or limited in 
  7.15  writing at any time by the patient or the patient's authorized 
  7.16  representative; and 
  7.17     (3) authorization may be established if an authorization is 
  7.18  mailed at least two times to the patient's last known address 
  7.19  with a postage prepaid return envelope and a conspicuous notice 
  7.20  that consent will be implied if the patient does not object, and 
  7.21  at least 60 days have expired since the second notice was sent; 
  7.22  and the provider must advise the patient that the medical 
  7.23  records will be released if the patient does not object; and 
  7.24     (4) the provider must, at the request of the patient, 
  7.25  provide information on how the patient may contact an external 
  7.26  researcher to whom the health record was released and the date 
  7.27  it was released.  The provider must advise the patient of the 
  7.28  right to request this information. 
  7.29     In making a release for research purposes the provider 
  7.30  shall make a reasonable effort to determine that: 
  7.31     (i) the use or disclosure does not violate any limitations 
  7.32  under which the record was collected; 
  7.33     (ii) the use or disclosure in individually identifiable 
  7.34  form is necessary to accomplish the research or statistical 
  7.35  purpose for which the use or disclosure is to be made; 
  7.36     (iii) the recipient has established and maintains adequate 
  8.1   safeguards to protect the records from unauthorized disclosure, 
  8.2   including a procedure for removal or destruction of information 
  8.3   that identifies the patient; and 
  8.4      (iv) further use or release of the records in individually 
  8.5   identifiable form to a person other than the patient without the 
  8.6   patient's consent is prohibited.  
  8.7      (e) A person who negligently or intentionally releases a 
  8.8   health record in violation of this subdivision, or who forges a 
  8.9   signature on a consent form, or who obtains under false 
  8.10  pretenses the consent form or health records of another person, 
  8.11  or who, without the person's consent, alters a consent form, is 
  8.12  liable to the patient for compensatory damages caused by an 
  8.13  unauthorized release, plus costs and reasonable attorney's fees. 
  8.14     (f) Upon the written request of a spouse, parent, child, or 
  8.15  sibling of a patient being evaluated for or diagnosed with 
  8.16  mental illness, a provider shall inquire of a patient whether 
  8.17  the patient wishes to authorize a specific individual to receive 
  8.18  information regarding the patient's current and proposed course 
  8.19  of treatment.  If the patient so authorizes, the provider shall 
  8.20  communicate to the designated individual the patient's current 
  8.21  and proposed course of treatment.  Paragraph (a) applies to 
  8.22  consents given under this paragraph. 
  8.23     (g) In cases where a provider releases health records 
  8.24  without patient consent as authorized by law, the release must 
  8.25  be documented in the patient's health record. 
  8.26     Sec. 15.  Minnesota Statutes 1996, section 260.161, is 
  8.27  amended by adding a subdivision to read: 
  8.28     Subd. 3a.  [COUNTY ATTORNEY REFERRAL OF CHILD IN NEED OF 
  8.29  PROTECTION OR SERVICES.] In a county in which the county 
  8.30  attorney refers children who are in need of protection or 
  8.31  services to community programs, the county attorney may provide 
  8.32  a community program with data on a child who is a participant or 
  8.33  being considered for participation in the program. 
  8.34     Sec. 16.  [268.3716] [EMERGENCY SERVICES; PRIVATE DATA.] 
  8.35     Data on individuals maintained by a grant recipient 
  8.36  providing emergency services for homeless persons from which the 
  9.1   identity of any individual receiving services may be determined, 
  9.2   is private data on individuals, as defined in section 13.02, 
  9.3   subdivision 12, and the grant recipient shall maintain the data 
  9.4   in accordance with chapter 13. 
  9.5      Sec. 17.  [TAXPAYER'S PERSONAL INFORMATION; DISCLOSURE.] 
  9.6      (a) An owner of property in Washington county that is 
  9.7   subject to property taxation must be informed in a clear and 
  9.8   conspicuous manner in writing on a form sent to property 
  9.9   taxpayers that the property owner's name, address, and other 
  9.10  information may be used, rented, or sold for business purposes, 
  9.11  including surveys, marketing, and solicitation. 
  9.12     (b) If the property owner so requests on the form provided, 
  9.13  then any such list generated by the county and sold for business 
  9.14  purposes must exclude the owner's name and address if the 
  9.15  business purpose is conducting surveys, marketing, or 
  9.16  solicitation. 
  9.17     Sec. 18.  [LOCAL APPROVAL REQUIRED.] 
  9.18     Section 17 is effective the day after the chief clerical 
  9.19  officer of Washington county complies with Minnesota Statutes, 
  9.20  section 645.021, subdivision 3. 
  9.21     Sec. 19.  [SCHOOL-BASED PROBATION PILOT PROJECT DATA.] 
  9.22     This section applies until December 31, 1999, to government 
  9.23  data in a school-based probation pilot project established by 
  9.24  the commissioner of corrections in Dakota county.  Data created, 
  9.25  collected, used, or maintained by school-based probation 
  9.26  officers and school officials participating in the pilot project 
  9.27  are private data on individuals as defined in Minnesota 
  9.28  Statutes, section 13.02, subdivision 12, and may be disseminated 
  9.29  to probation officers working with the school-based probation 
  9.30  project and as follows: 
  9.31     (1) pursuant to Minnesota Statutes, section 13.05; 
  9.32     (2) pursuant to a valid court order; 
  9.33     (3) pursuant to a statute specifically authorizing access 
  9.34  to the private data; 
  9.35     (4) as allowed in Code of Federal Regulations, title 34, 
  9.36  part 99; or 
 10.1      (5) within the participating school district or educational 
 10.2   entity as necessary to protect persons or property or to address 
 10.3   the educational and other needs of students. 
 10.4      Sec. 20.  [JOBS-PLUS PILOT PROJECT; ACCESS TO DATA.] 
 10.5      Upon request Ramsey county and the relevant state agencies 
 10.6   shall release to the Manpower Demonstration Research Corporation 
 10.7   data on public assistance benefits received, wages earned, and 
 10.8   unemployment insurance benefits received by residents of the Mt. 
 10.9   Airy Homes, McDonough Homes, and Roosevelt Homes public housing 
 10.10  developments in St. Paul during the period from 1992 to 2002 for 
 10.11  the purposes of complying with the research and evaluation 
 10.12  requirements of the jobs-plus pilot program. 
 10.13     Sec. 21.  [REPEALER.] 
 10.14     Minnesota Statutes 1996, sections 13.072, subdivision 3; 
 10.15  13.71, subdivisions 18, 19, 20, and 21; and 13.99, subdivision 
 10.16  21d, are repealed.