SF 4093

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/05/2026 09:23 a.m.

A bill for an act
relating to health; changing, removing, and repealing certain obsolete language;
amending Minnesota Statutes 2024, sections 62J.17, subdivision 6a; 62J.2930,
subdivision 1; 144.293, subdivision 7; Minnesota Statutes 2025 Supplement,
section 3.732, subdivision 1; repealing Minnesota Statutes 2024, sections 13D.08,
subdivision 4; 62J.06; 62J.156; 62J.2930, subdivision 4; 62J.57.

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

Section 1.

Minnesota Statutes 2025 Supplement, section 3.732, subdivision 1, is amended
to read:

Subdivision 1.

Definitions.

As used in this section and section 3.736 the terms defined
in this section have the meanings given them.

(1) "State" includes each of the departments, boards, agencies, commissions, courts, and
officers in the executive, legislative, and judicial branches of the state of Minnesota and
includes but is not limited to the Housing Finance Agency, the Minnesota Office of Higher
Education, the Health and Education Facilities Authority, deleted text begin the Health Technology Advisory
Committee, deleted text end the Armory Building Commission, the Zoological Board, the Department of
Iron Range Resources and Rehabilitation, the Minnesota Historical Society, the State
Agricultural Society, the University of Minnesota, the Minnesota State Colleges and
Universities, state hospitals, and state penal institutions. It does not include a city, town,
county, school district, or other local governmental body corporate and politic.

(2) "Employee of the state" means all present or former officers, members, directors, or
employees of the state, members of the Minnesota National Guard, members of a bomb
disposal unit approved by the commissioner of public safety and employed by a municipality
defined in section 466.01 when engaged in the disposal or neutralization of bombs or other
similar hazardous explosives, as defined in section 299C.063, outside the jurisdiction of the
municipality but within the state, or persons acting on behalf of the state in an official
capacity, temporarily or permanently, with or without compensation. It does not include
either an independent contractor except, for purposes of this section and section 3.736 only,
a guardian ad litem acting under court appointment, or members of the Minnesota National
Guard while engaged in training or duty under United States Code, title 10, or title 32,
section 316, 502, 503, 504, or 505, as amended through December 31, 1983. Notwithstanding
sections 43A.02 and 611.263, for purposes of this section and section 3.736 only, "employee
of the state" includes a district public defender or assistant district public defender in the
Second or Fourth Judicial District deleted text begin , a member of the Health Technology Advisory Committee, deleted text end
and any officer, agent, or employee of the state of Wisconsin performing work for the state
of Minnesota pursuant to a joint state initiative.

(3) "Scope of office or employment" means that the employee was acting on behalf of
the state in the performance of duties or tasks lawfully assigned by competent authority.

(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.

Sec. 2.

Minnesota Statutes 2024, section 62J.17, subdivision 6a, is amended to read:

Subd. 6a.

Prospective review and approval.

(a) No health care provider subject to
prospective review under this subdivision shall make a major spending commitment unless:

(1) the provider has filed an application with the commissioner to proceed with the major
spending commitment and has provided all supporting documentation and evidence requested
by the commissioner; and

(2) the commissioner determines, based upon this documentation and evidence, that the
major spending commitment is appropriate under the criteria provided in subdivision 5a in
light of the alternatives available to the provider.

(b) A provider subject to prospective review and approval shall submit an application
to the commissioner before proceeding with any major spending commitment. The provider
may submit information, with supporting documentation, regarding why the major spending
commitment should be excepted from prospective review under subdivision 7.

(c) The commissioner shall determine, based upon the information submitted, whether
the major spending commitment is appropriate under the criteria provided in subdivision
5a, or whether it should be excepted from prospective review under subdivision 7. In making
this determination, the commissioner may also consider relevant information from other
sources. deleted text begin At the request of the commissioner, the health technology advisory committee shall
convene an expert review panel made up of persons with knowledge and expertise regarding
medical equipment, specialized services, health care expenditures, and capital expenditures
to review applications and make recommendations to the commissioner. deleted text end The commissioner
shall make a decision on the application within 60 days after an application is received.

(d) The commissioner of health has the authority to issue fines, seek injunctions, and
pursue other remedies as provided by law.

Sec. 3.

Minnesota Statutes 2024, section 62J.2930, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner of health shall establish an information
clearinghouse within the Department of Health to facilitate the ability of consumers,
employers, providers, health plan companies, and others to obtain information on health
reform activities in Minnesota. The commissioner shall make available through the
clearinghouse updates on federal and state health reform activities, including information
developed or collected by the Department of Health on cost containment or other research
initiatives, the development of voluntary purchasing pools, action plans submitted by health
plan companies, reports or recommendations of deleted text begin the Health Technology Advisory Committee
and other deleted text end entities on technology assessments, and reports or recommendations from other
formal committees applicable to health reform activities. The clearinghouse shall also refer
requestors to sources of further information or assistance. The clearinghouse is subject to
chapter 13.

Sec. 4.

Minnesota Statutes 2024, section 144.293, subdivision 7, is amended to read:

Subd. 7.

Exception to consent.

Subdivision 2 does not apply to the release of health
records to the commissioner of health deleted text begin or the Health Data Institute under chapter 62J deleted text end , provided
that the commissioner encrypts the patient identifier upon receipt of the data.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 13D.08, subdivision 4; 62J.06; 62J.156; 62J.2930,
subdivision 4; and 62J.57, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 26-06191

13D.08 OPEN MEETING LAW CODED ELSEWHERE.

Subd. 4.

Health Technology Advisory Committee.

Certain meetings of the Health Technology Advisory Committee are governed by section 62J.156.

62J.06 IMMUNITY FROM LIABILITY.

No member of the Health Technology Advisory Committee shall be held civilly or criminally liable for an act or omission by that person if the act or omission was in good faith and within the scope of the member's responsibilities under this chapter.

62J.156 CLOSED COMMITTEE HEARINGS.

Notwithstanding chapter 13D, the Health Technology Advisory Committee may meet in closed session to discuss a specific technology or procedure that involves data received that have been classified as nonpublic data, where disclosure of the data would cause harm to the competitive or economic position of the source of the data.

62J.2930 INFORMATION CLEARINGHOUSE.

Subd. 4.

Coordination.

To the extent possible, the commissioner shall coordinate the activities of the clearinghouse with the activities of the Minnesota Health Data Institute.

62J.57 MINNESOTA CENTER FOR HEALTH CARE ELECTRONIC DATA INTERCHANGE.

(a) It is the intention of the legislature to support, to the extent of funds appropriated for that purpose, the creation of the Minnesota Center for Health Care Electronic Data Interchange as a broad-based effort of public and private organizations representing group purchasers, health care providers, and government programs to advance the use of health care electronic data interchange in the state. The center shall attempt to obtain private sector funding to supplement legislative appropriations, and shall become self-supporting by the end of the second year.

(b) The Minnesota Center for Health Care Electronic Data Interchange shall facilitate the statewide implementation of electronic data interchange standards in the health care industry by:

(1) coordinating and ensuring the availability of quality electronic data interchange education and training in the state;

(2) developing an extensive, cohesive health care electronic data interchange education curriculum;

(3) developing a communications and marketing plan to publicize electronic data interchange education activities, and the products and services available to support the implementation of electronic data interchange in the state;

(4) administering a resource center that will serve as a clearinghouse for information relative to electronic data interchange, including the development and maintenance of a health care constituents database, health care directory and resource library, and a health care communications network through the use of electronic bulletin board services and other network communications applications; and

(5) providing technical assistance in the development of implementation guides, and in other issues including legislative, legal, and confidentiality requirements.