1.1A bill for an act1.2relating to health records; adding surviving adult children of a deceased patient 1.3to the definition of patient;amending Minnesota Statutes 2010, section 144.291, 1.4subdivision 2.1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.6    Section 1. Minnesota Statutes 2010, section 144.291, subdivision 2, is amended to read:1.7    Subd. 2. Definitions. For the purposes of sections 
         144.291 to 
         144.298, the following 1.8terms have the meanings given.1.9    (a) "Group purchaser" has the meaning given in section 
         62J.03, subdivision 6.1.10    (b) "Health information exchange" means a legal arrangement between health care 1.11providers and group purchasers to enable and oversee the business and legal issues 1.12involved in the electronic exchange of health records between the entities for the delivery 1.13of patient care.1.14    (c) "Health record" means any information, whether oral or recorded in any form or 1.15medium, that relates to the past, present, or future physical or mental health or condition of 1.16a patient; the provision of health care to a patient; or the past, present, or future payment 1.17for the provision of health care to a patient.1.18    (d) "Identifying information" means the patient's name, address, date of birth, 1.19gender, parent's or guardian's name regardless of the age of the patient, and other 1.20nonclinical data which can be used to uniquely identify a patient.1.21    (e) "Individually identifiable form" means a form in which the patient is or can be 1.22identified as the subject of the health records.2.1    (f) "Medical emergency" means medically necessary care which is immediately 2.2needed to preserve life, prevent serious impairment to bodily functions, organs, or parts, 2.3or prevent placing the physical or mental health of the patient in serious jeopardy.2.4    (g) "Patient" means a natural person who has received health care services from a 2.5provider for treatment or examination of a medical, psychiatric, or mental condition, 2.6the surviving spouse, surviving adult children, and parents of a deceased patient, or a 2.7person the patient appoints in writing as a representative, including a health care agent 2.8acting according to chapter 145C, unless the authority of the agent has been limited by the 2.9principal in the principal's health care directive. Except for minors who have received 2.10health care services under sections 
         144.341 to 
         144.347, in the case of a minor, patient 2.11includes a parent or guardian, or a person acting as a parent or guardian in the absence 2.12of a parent or guardian.2.13    (h) "Provider" means: 2.14    (1) any person who furnishes health care services and is regulated to furnish the 2.15services under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 150A, 2.16151, 153, or 153A; 2.17    (2) a home care provider licensed under section 
         144A.46; 2.18    (3) a health care facility licensed under this chapter or chapter 144A; 2.19    (4) a physician assistant registered under chapter 147A; and 2.20    (5) an unlicensed mental health practitioner regulated under sections 
         148B.60 to 2.21148B.71
         .2.22    (i) "Record locator service" means an electronic index of patient identifying 2.23information that directs providers in a health information exchange to the location of 2.24patient health records held by providers and group purchasers.2.25    (j) "Related health care entity" means an affiliate, as defined in section 
         144.6521, 2.26subdivision 3
         , paragraph (b), of the provider releasing the health records.2.27EFFECTIVE DATE.This section is effective the day following final enactment.