1.1                          A bill for an act 
  1.2             relating to privacy; regulating disclosure of employee 
  1.3             health record information by employers; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 181. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [181.981] [DISCLOSURE OF EMPLOYEE HEALTH 
  1.7   RECORD.] 
  1.8      Subdivision 1.  [DEFINITION.] (a) For purposes of this 
  1.9   section, "employer" means a person located in or doing business 
  1.10  in this state who has ten or more employees in this state.  
  1.11  Employer does not include a government entity subject to chapter 
  1.12  13 or an entity contractually required to comply with chapter 13.
  1.13     (b) "Health record information" includes a health record 
  1.14  generated by a provider as defined in section 144.335.  Health 
  1.15  record also includes a disclosure from the subject of the 
  1.16  information of medical information relating to a request for, or 
  1.17  the potential need for, medical leave or a reasonable or 
  1.18  necessary accommodation.  
  1.19     Subd. 2.  [EMPLOYEE CONSENT TO DISCLOSURE.] An employer who 
  1.20  receives health record information about an employee may not 
  1.21  disclose the information to a person whose work assignment does 
  1.22  not require a need for the information without the written 
  1.23  consent of the employee.  This subdivision does not prohibit the 
  1.24  disclosure of health record information: 
  1.25     (1) to the extent that, concurrent with receiving a 
  2.1   disclosure of health record information from the employee who is 
  2.2   the subject of the information, the employer notifies the 
  2.3   employee of the employee's rights under this section and the 
  2.4   employee does not prohibit disclosure of the information; 
  2.5      (2) to the extent the disclosure is authorized or required 
  2.6   by other law; 
  2.7      (3) in the case of an emergency where the employer is 
  2.8   unable to obtain consent; or 
  2.9      (4) to the extent the disclosure is necessary to make a 
  2.10  reasonable or necessary accommodation for the employee under 
  2.11  chapter 363 or other law relating to disability discrimination.  
  2.12     Subd. 3.  [NOTIFICATION.] An employer shall make a 
  2.13  reasonable effort to notify employees of their rights under this 
  2.14  section.  
  2.15     Subd. 4.  [REMEDY.] An employer who negligently or 
  2.16  intentionally violates subdivision 2 is liable to the employee 
  2.17  for damages, plus costs and reasonable attorney fees.