SF 4242
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/18/2026 09:25 a.m.
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A bill for an act
relating to health; requiring health facilities to limit access to premises in certain
circumstances; requiring health care facilities to develop and implement policies
regarding civil immigration enforcement; proposing coding for new law in
Minnesota Statutes, chapter 144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[144.6575] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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For purposes of sections 144.6575 to 144.6578, the following
terms have the meanings given.
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new text begin Subd. 2. new text end
new text begin Commissioner. new text end
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"Commissioner" means the commissioner of health.
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new text begin Subd. 3. new text end
new text begin Health care facility. new text end
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"Health care facility" means:
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(1) a hospital licensed under sections 144.50 to 144.56;
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(2) a medical facility as defined in section 144.561;
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(3) a physician's office or health care clinic where licensed practitioners provide health
care to patients;
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(4) a nonprofit community clinic, including a federally qualified health center, a rural
health clinic, public health clinic, or other community clinic that provides health care;
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(5) a nursing home as defined in section 144A.01, subdivision 5; or
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(6) an assisted living facility as defined in section 144G.08, subdivision 7.
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new text begin Subd. 4. new text end
new text begin Law enforcement agency. new text end
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"Law enforcement agency" means any local, state,
or federal entity with statutory police powers and the ability to employ individuals authorized
to make arrests.
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new text begin Subd. 5. new text end
new text begin Judicial warrant. new text end
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"Judicial warrant" or "judicial order authorizing the arrest"
means a written order from a state court or federal Article III court that directs a law
enforcement agency or another person who is specifically named in the order to arrest a
person.
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new text begin Subd. 6. new text end
new text begin Law enforcement agent. new text end
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"Law enforcement agent" means a person employed
by a law enforcement agency who is authorized to make a civil arrest.
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new text begin Subd. 7. new text end
new text begin Patient. new text end
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"Patient" means a person who receives health care services at a health
care facility.
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new text begin Subd. 8. new text end
new text begin Resident. new text end
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"Resident" means a person admitted to a nursing home or assisted
living facility.
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Sec. 2.
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[144.6576] LIMITS ON ACCESS TO PREMISES BY LAW ENFORCEMENT
AGENTS ENGAGED IN CIVIL IMMIGRATION ENFORCEMENT.
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new text begin Subdivision 1. new text end
new text begin Limits on access to health care facility premises. new text end
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A health care facility
must not consent to a law enforcement agent entering a health care facility site for purposes
of civil immigration enforcement unless the law enforcement agent provides the health care
facility employee with a valid judicial warrant. The health care facility employee must
request that the law enforcement agent provide valid identification and must grant entry
only to the areas identified in the judicial warrant.
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new text begin Subd. 2. new text end
new text begin Notification required. new text end
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A health care facility employee granting entry to a law
enforcement agent engaged in civil immigration enforcement must immediately notify the
person with administrative control of the health care facility and the health care facility's
general counsel or other designated legal representative.
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Sec. 3.
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[144.6577] HEALTH CARE FACILITIES; POLICIES REGARDING CIVIL
IMMIGRATION ENFORCEMENT ON PREMISES.
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new text begin Subdivision 1. new text end
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Policies regarding law enforcement agent present at health care
facility.
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By ......., a health care facility must develop and implement a policy regarding
interactions between health care facility employees and law enforcement agents present at
the health care facility and involved in civil immigration activities. Each policy must include:
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(1) the name and contact information of a person or persons designated to be notified
of the presence of a law enforcement agent at the health care facility. The designated contact
person or persons must be legal counsel of the health care facility or other persons within
the management or administration of the health care facility;
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(2) procedures to verify the identity and authority of any law enforcement agent present
at the health care facility, including but not limited to requesting and documenting the first
and last name of the law enforcement agent, the name of the law enforcement agency, and
the badge number of any law enforcement agent present with a patient or resident or
requesting information about a patient or resident; and
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(3) procedures regarding a law enforcement agent's access to the health care facility
premises. A law enforcement agent must not access nonpublic areas of a health care facility
unless the law enforcement agent provides to a health care facility employee a valid judicial
warrant or is requested by health care facility staff to respond to a safety or security issue
within the health care facility.
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new text begin Subd. 2. new text end
new text begin Policies regarding release of information to law enforcement agent. new text end
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By
......., a health care facility must develop and implement a policy regarding releasing patient
or resident information to a law enforcement agent present at the health care facility. Each
policy must include:
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(1) procedures to ensure that any protected health information requested by a law
enforcement agent is released in accordance with all applicable state and federal laws,
including the Health Insurance Portability and Accountability Act (HIPAA), if applicable;
and
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(2) procedures that provide that, unless required by state or federal law, a health care
facility employee may only release patient or resident information to a law enforcement
agent engaging in civil immigration enforcement if the law enforcement agent provides:
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(i) a valid subpoena issued by a federal judge or magistrate;
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(ii) a valid order issued by a federal judge or magistrate to require access to the health
care facility premises; or
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(iii) a valid warrant issued by a federal judge or magistrate.
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new text begin Subd. 3. new text end
new text begin Policies protecting patient and resident information. new text end
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By ......., a health care
facility must develop procedures to ensure that patients and residents are provided with the
following documents:
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(1) if the health care facility is subject to HIPAA, a notice of privacy practices for
protected health information, including information about the patient's or resident's right to
request an amendment to any protected health information or record about the patient or
resident maintained in a designated record set, which may include a request that any of the
following information be deleted, redacted, or amended: place of birth; immigration or
citizenship status; or information from a birth certificate, passport, permanent resident card,
alien registration card, or employment authorization documents; and
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(2) a form enabling a patient or resident to authorize the health care facility to disclose
the patient's or resident's health status, including admission and discharge information, to
the parents, guardians, relatives, or other designees of the patient or resident.
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new text begin Subd. 4. new text end
new text begin Health care facility employee training. new text end
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A health care facility must provide
health care facility employees, security personnel, and designated contact persons with
training annually on the policies in subdivisions 1 and 2.
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new text begin Subd. 5. new text end
new text begin Policy provided to commissioner. new text end
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A health care facility must submit the
policies required in subdivisions 1 and 2 to the commissioner by ........ A health care facility
that fails to comply with the requirements in subdivisions 1 and 2 will be notified of
noncompliance by the commissioner and may be subject to the imposition of a fine by the
commissioner.
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new text begin Subd. 6. new text end
new text begin Investigation. new text end
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The commissioner may investigate and respond to complaints
from patients, residents, health care facility employees, and the public alleging noncompliance
with this section. A health care facility and its agents must not retaliate against a patient, a
resident, employees, or an agent who files a complaint under this section.
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new text begin Subd. 7. new text end
new text begin Posting immigration rights information on premises. new text end
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A health care facility
must post, either by physical or electronic means, a document providing the phone number
that individuals may call to learn about immigration rights. The document must be posted
on the premises of the health care facility in a conspicuous location that is accessible to
patients, residents, employees, and visitors. The commissioner must develop and provide
the document to health care facilities.
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Sec. 4.
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[144.6578] LIABILITY LIMITATIONS; DEFENSES.
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(a) Nothing in sections 144.6575 to 144.6577 permits an action against a health care
facility employee acting lawfully when engaging in reasonable compliance with the
provisions of sections 144.6575 to 144.6577.
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(b) Nothing in sections 144.6575 to 144.6577 affects any right or defense of any health
care facility employee acting lawfully.
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