SF 1133

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to health; prohibiting the use of a patient's 
  1.3             social security number to identify the patient; 
  1.4             amending Minnesota Statutes 2002, section 62J.54, 
  1.5             subdivision 4; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 62Q. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 62J.54, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [UNIQUE PATIENT IDENTIFICATION NUMBER.] (a) Not 
  1.11  later than 24 months after the date on which a unique health 
  1.12  identifier for individuals is adopted or established under 
  1.13  United States Code, title 42, sections 1320d to 1320d-8 (1996 
  1.14  and subsequent amendments), all group purchasers and health care 
  1.15  providers in Minnesota shall use a unique identification number 
  1.16  to identify each patient who receives health care services in 
  1.17  Minnesota, except as provided in paragraph (b). 
  1.18     (b) Small health plans, as defined by the federal Secretary 
  1.19  of Health and Human Services under United States Code, title 42, 
  1.20  section 1320d-4 (1996 and subsequent amendments), shall use a 
  1.21  unique identification number to identify each patient who 
  1.22  receives health care services in Minnesota no later than 36 
  1.23  months after the date on which a unique health identifier for 
  1.24  individuals is adopted or established under United States Code, 
  1.25  title 42, sections 1320d to 1320d-8 (1996 and subsequent 
  1.26  amendments). 
  2.1      (c) The unique health identifier for individuals adopted or 
  2.2   established by the federal Secretary of Health and Human 
  2.3   Services under United States Code, title 42, sections 1320d to 
  2.4   1320d-8 (1996 and subsequent amendments), shall be used as the 
  2.5   unique patient identification number, except as provided in 
  2.6   paragraphs (e) and (f) to (h). 
  2.7      (d) The unique patient identification number shall be used 
  2.8   by group purchasers and health care providers for purposes of 
  2.9   submitting and receiving claims, and in conjunction with other 
  2.10  data collection and reporting functions. 
  2.11     (e) If the unique health identifier for individuals adopted 
  2.12  or established by the federal Secretary of Health and Human 
  2.13  Services under United States Code, title 42, sections 1320d to 
  2.14  1320d-8 (1996 and subsequent amendments) is the social security 
  2.15  number of the patient, group purchasers and health care 
  2.16  providers shall not use the federal unique health identifier and 
  2.17  shall instead use, if established, the federal alternate 
  2.18  numbering system for patients who do not have or refuse to 
  2.19  provide their social security number.  If no federal alternate 
  2.20  numbering system for patients who do not have or refuse to 
  2.21  provide their social security number is established, group 
  2.22  purchases and health care providers shall use the unique patient 
  2.23  identification numbering system adopted by the commissioner 
  2.24  under paragraph (f), to the extent permitted by federal law. 
  2.25     (f) The commissioner shall adopt a unique patient 
  2.26  identification numbering system for use in this state, if: 
  2.27     (1) a unique health identifier for individuals is adopted 
  2.28  or established under United States Code, title 42, sections 
  2.29  1320d to 1320d-8 (1996 and subsequent amendments); 
  2.30     (2) the unique health identifier is the social security 
  2.31  number of the patient; 
  2.32     (3) there is no federal alternate numbering system for 
  2.33  patients who do not have or refuse to provide their social 
  2.34  security numbers; and 
  2.35     (4) federal law or the federal Secretary of Health and 
  2.36  Human Services allows a state to develop an alternate numbering 
  3.1   system for patients. 
  3.2      (g) Within the limits of available appropriations, the 
  3.3   commissioner shall develop a proposal for an alternate numbering 
  3.4   system for patients who do not have or refuse to provide their 
  3.5   social security numbers, if: 
  3.6      (1) a unique health identifier for individuals is adopted 
  3.7   or established under United States Code, title 42, sections 
  3.8   1320d to 1320d-8 (1996 and subsequent amendments); 
  3.9      (2) the unique health identifier is the social security 
  3.10  number of the patient; 
  3.11     (3) there is no federal alternate numbering system for 
  3.12  patients who do not have or refuse to provide their social 
  3.13  security numbers; and 
  3.14     (4) federal law or the federal Secretary of Health and 
  3.15  Human Services explicitly allows a state to develop an alternate 
  3.16  numbering system for patients who do not have or refuse to 
  3.17  provide their social security numbers. 
  3.18     (f) (h) If an alternate a unique patient identification 
  3.19  numbering system is developed under paragraph (e) (f) or (g), 
  3.20  patients who use numbers issued by the alternate numbering 
  3.21  system are not required to provide their social security numbers 
  3.22  and group purchasers or providers may not demand the social 
  3.23  security numbers of patients who provide numbers issued by the 
  3.24  alternate numbering system.  If an alternate numbering system is 
  3.25  developed under paragraph (e), group purchasers and health care 
  3.26  providers shall establish procedures to notify patients that 
  3.27  they can elect not to have their social security number used as 
  3.28  the unique patient identifier. 
  3.29     (g) (i) The commissioner of health may contract with the 
  3.30  federal Secretary of Health and Human Services or the 
  3.31  Secretary's agent to implement this subdivision. 
  3.32     Sec. 2.  [62Q.60] [PROHIBITED ENROLLEE IDENTIFIER.] 
  3.33     Unless required by federal law, a health plan company shall 
  3.34  not use the social security number of an enrollee, or any number 
  3.35  based on the enrollee's social security number, to identify the 
  3.36  enrollee's account, to identify the enrollee for purposes of 
  4.1   providing health services or submitting or receiving claims, or 
  4.2   to identify the enrollee in any other data collection or 
  4.3   reporting function.