1.1 	A bill for an act
1.2 	relating to data privacy; classifying certain
1.3 	investigative and licensing data; amending Minnesota
1.4 	Statutes 2004, sections 13.3805, by adding a
1.5 	subdivision; 13.46, subdivision 4.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 13.3805, is
1.8 	amended by adding a subdivision to read:
1.9 		Subd. 3.Office of health facility complaints;
1.10 	investigative data. Except for investigative data under section
1.11 	626.556, all investigative data maintained by the Department of
1.12 	Health's Office of Health Facility Complaints are subject to
1.13 	provisions of and classified pursuant to section 626.557,
1.14 	subdivision 12b, paragraphs (b) to (d).  Notwithstanding
1.15 	sections 626.556, subdivision 11, and 626.557, subdivision 12b,
1.16 	paragraph (b), data identifying an individual substantiated as
1.17 	the perpetrator are public data.  For purposes of this
1.18 	subdivision, an individual is substantiated as the perpetrator
1.19 	if the commissioner of health determines that the individual is
1.20 	the perpetrator and the determination of the commissioner is
1.21 	upheld after the individual either exercises applicable
1.22 	administrative appeal rights or fails to exercise these rights
1.23 	within the time allowed by law.

1.24 	Sec. 2. Minnesota Statutes 2004, section 13.46,
1.25 	subdivision 4, is amended to read:
2.1 		Subd. 4.Licensing data.  (a) As used in this subdivision:
2.2 	(1) "licensing data" means all data collected, maintained,
2.3 	used, or disseminated by the welfare system pertaining to
2.4 	persons licensed or registered or who apply for licensure or
2.5 	registration or who formerly were licensed or registered under
2.6 	the authority of the commissioner of human services;
2.7 	(2) "client" means a person who is receiving services from
2.8 	a licensee or from an applicant for licensure; and
2.9 	(3) "personal and personal financial data" means Social
2.10 	Security numbers, identity of and letters of reference,
2.11 	insurance information, reports from the Bureau of Criminal
2.12 	Apprehension, health examination reports, and social/home
2.13 	studies.
2.14 	(b)(1) Except as provided in paragraph (c), the following
2.15 	data on current and former licensees are public:  name, address,
2.16 	telephone number of licensees, date of receipt of a completed
2.17 	application, dates of licensure, licensed capacity, type of
2.18 	client preferred, variances granted, type of dwelling, name and
2.19 	relationship of other family members, previous license history,
2.20 	class of license, and the existence and status of complaints.
2.21 	When a correction order or fine has been issued, a license is
2.22 	suspended, immediately suspended, revoked, denied, or made
2.23 	conditional, or a complaint is resolved, the following data on
2.24 	current and former licensees are public:  the substance and
2.25 	investigative findings of the licensing or maltreatment 
2.26 	complaint, licensing violation, or substantiated maltreatment;
2.27 	the record of informal resolution of a licensing violation;
2.28 	orders of hearing; findings of fact; conclusions of law;
2.29 	specifications of the final correction order, fine, suspension,
2.30 	immediate suspension, revocation, denial, or conditional license
2.31 	contained in the record of licensing action; and the status of
2.32 	any appeal of these actions. Notwithstanding sections 626.556,
2.33 	subdivision 11, and 626.557, subdivision 12b,when an individual
2.34 	licensee is a substantiated perpetrator of maltreatment, and the
2.35 	substantiated maltreatment is a reason for the licensing
2.36 	action in a program licensed under chapter 245A, the identity of
3.1 	the licensee as a perpetrator is public data.  For purposes of
3.2 	this clause, a person is a substantiated perpetrator if the
3.3 	maltreatment determination has been upheld under section
3.4 	626.556, subdivision 10i, 626.557, subdivision 9d, or
3.5 	256.045, or chapter 14,or an individual or facility has not
3.6 	timely exercised appeal rights under these sections.
3.7 	(2) For applicants who withdraw their application prior to
3.8 	licensure or denial of a license, the following data are
3.9 	public:  the name of the applicant, the city and county in which
3.10 	the applicant was seeking licensure, the dates of the
3.11 	commissioner's receipt of the initial application and completed
3.12 	application, the type of license sought, and the date of
3.13 	withdrawal of the application.
3.14 	(3) For applicants who are denied a license, the following
3.15 	data are public:  the name of the applicant, the city and county
3.16 	in which the applicant was seeking licensure, the dates of the
3.17 	commissioner's receipt of the initial application and completed
3.18 	application, the type of license sought, the date of denial of
3.19 	the application, the nature of the basis for the denial, and the
3.20 	status of any appeal of the denial.
3.21 	(4) The following data on persons subject to
3.22 	disqualification under section 245C.14 in connection with a
3.23 	license to provide family day care for children, child care
3.24 	center services, foster care for children in the provider's
3.25 	home, or foster care or day care services for adults in the
3.26 	provider's home, are public:  the nature of any disqualification
3.27 	set aside under section 245C.22, subdivisions 2 and 4, and the
3.28 	reasons for setting aside the disqualification; and the reasons
3.29 	for granting any variance under section 245A.04, subdivision 9.
3.30 	(5) When maltreatment is substantiated under section
3.31 	626.556 or 626.557 and the victim and the substantiated
3.32 	perpetrator are affiliated with a program licensed under chapter
3.33 	245A, the commissioner of human services, local social services
3.34 	agency, or county welfare agency may inform the license holder
3.35 	where the maltreatment occurred of the identity of the
3.36 	substantiated perpetrator and the victim.
4.1 	(c) The following are private data on individuals under
4.2 	section 13.02, subdivision 12, or nonpublic data under section
4.3 	13.02, subdivision 9:  personal and personal financial data on
4.4 	family day care program and family foster care program
4.5 	applicants and licensees and their family members who provide
4.6 	services under the license.
4.7 	(d) The following are private data on individuals:  the
4.8 	identity of persons who have made reports concerning licensees
4.9 	or applicants that appear in inactive investigative data, and
4.10 	the records of clients or employees of the licensee or applicant
4.11 	for licensure whose records are received by the licensing agency
4.12 	for purposes of review or in anticipation of a contested
4.13 	matter.  The names of reporters under sections 626.556 and
4.14 	626.557 may be disclosed only as provided in section 626.556,
4.15 	subdivision 11, or 626.557, subdivision 12b.
4.16 	(e) Data classified as private, confidential, nonpublic, or
4.17 	protected nonpublic under this subdivision become public data if
4.18 	submitted to a court or administrative law judge as part of a
4.19 	disciplinary proceeding in which there is a public hearing
4.20 	concerning a license which has been suspended, immediately
4.21 	suspended, revoked, or denied.
4.22 	(f) Data generated in the course of licensing
4.23 	investigations that relate to an alleged violation of law are
4.24 	investigative data under subdivision 3.
4.25 	(g) Data that are not public data collected, maintained,
4.26 	used, or disseminated under this subdivision that relate to or
4.27 	are derived from a report as defined in section 626.556,
4.28 	subdivision 2, or 626.5572, subdivision 18, are subject to the
4.29 	destruction provisions of sections 626.556, subdivision 11c, and
4.30 	626.557, subdivision 12b.
4.31 	(h) Upon request, not public data collected, maintained,
4.32 	used, or disseminated under this subdivision that relate to or
4.33 	are derived from a report of substantiated maltreatment as
4.34 	defined in section 626.556 or 626.557 may be exchanged with the
4.35 	Department of Health for purposes of completing background
4.36 	studies pursuant to section 144.057 and with the Department of
5.1 	Corrections for purposes of completing background studies
5.2 	pursuant to section 241.021.
5.3 	(i) Data on individuals collected according to licensing
5.4 	activities under chapters 245A and 245C, and data on individuals
5.5 	collected by the commissioner of human services according to
5.6 	maltreatment investigations under sections 626.556 and 626.557,
5.7 	may be shared with the Department of Human Rights, the
5.8 	Department of Health, the Department of Corrections, the
5.9 	Ombudsman for Mental Health and Retardation, and the
5.10 	individual's professional regulatory board when there is reason
5.11 	to believe that laws or standards under the jurisdiction of
5.12 	those agencies may have been violated.
5.13 	(j) In addition to the notice of determinations required
5.14 	under section 626.556, subdivision 10f, if the commissioner or
5.15 	the local social services agency has determined that an
5.16 	individual is a substantiated perpetrator of maltreatment of a
5.17 	child based on sexual abuse, as defined in section 626.556,
5.18 	subdivision 2, and the commissioner or local social services
5.19 	agency knows that the individual is a person responsible for a
5.20 	child's care in another facility, the commissioner or local
5.21 	social services agency shall notify the head of that facility of
5.22 	this determination.  The notification must include an
5.23 	explanation of the individual's available appeal rights and the
5.24 	status of any appeal.  If a notice is given under this
5.25 	paragraph, the government entity making the notification shall
5.26 	provide a copy of the notice to the individual who is the
5.27 	subject of the notice.