SF 3849

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/24/2026 10:20 a.m.

A bill for an act
relating to data; requiring disclosure of certain investigations and withholding of
payments within 30 days of a request; amending Minnesota Statutes 2025
Supplement, section 13.46, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2025 Supplement, section 13.46, subdivision 3, is amended
to read:

Subd. 3.

Investigative data.

(a) Data on persons, including data on vendors of services,
licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
system in an investigation, authorized by statute, and relating to the enforcement of rules
or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
shall not be disclosed except:

(1) pursuant to section 13.05;

(2) pursuant to statute or valid court order;

(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense;

(4) to an agent or investigator acting on behalf of a county, state, or federal government,
including a law enforcement officer or attorney in the investigation or prosecution of a
criminal, civil, or administrative proceeding, unless the commissioner of human services;
the commissioner of children, youth, and families; or the Direct Care and Treatment executive
board determines that disclosure may compromise a Department of Human Services;
Department of Children, Youth, and Families; or Direct Care and Treatment ongoing
investigation; or

(5) to provide notices required or permitted by statute.

The data referred to in this subdivision shall be classified as public data upon submission
to an administrative law judge or court in an administrative or judicial proceeding. Inactive
welfare investigative data shall be treated as provided in section 13.39, subdivision 3.

(b) Notwithstanding any other provision in law, the commissioner of human services or
the commissioner of children, youth, and families shall provide all active and inactive
investigative data, including the name of the reporter of alleged maltreatment under section
626.557 or chapter 260E, to the ombudsman for mental health and developmental disabilities
upon the request of the ombudsman.

(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
by the commissioner of human services or the commissioner of children, youth, and families
of possible overpayments of public funds to a service provider or recipient or the reduction
or withholding of payments deleted text begin may deleted text end new text begin must new text end be disclosed deleted text begin if the commissioner determines that it
will not compromise the investigation deleted text end new text begin within 30 days of a request new text end .