HF 164

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring patient consent to 
  1.3             collect certain health data; prohibiting adoption of 
  1.4             certain proposed rules; amending Minnesota Statutes 
  1.5             2002, section 62J.321, subdivision 1; repealing 
  1.6             Minnesota Statutes 2002, section 144.335, subdivision 
  1.7             3b. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 62J.321, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [DATA COLLECTION.] (a) The commissioner 
  1.12  shall collect data from health care providers, health plan 
  1.13  companies, and individuals in the most cost-effective manner, 
  1.14  which does not unduly burden them.  The commissioner may require 
  1.15  health care providers and health plan companies to collect and 
  1.16  provide patient health records and claim files, and cooperate in 
  1.17  other ways with the data collection process.  The commissioner 
  1.18  may also require health care providers and health plan companies 
  1.19  to provide mailing lists of patients.  Patient consent shall not 
  1.20  be according to section 144.335, subdivision 3a, is required for 
  1.21  the release of data to the commissioner pursuant to sections 
  1.22  62J.301 to 62J.42 by any group purchaser, health plan company, 
  1.23  health care provider; or agent, contractor, or association 
  1.24  acting on behalf of a group purchaser or health care provider.  
  1.25  Any group purchaser, health plan company, health care provider; 
  1.26  or agent, contractor, or association acting on behalf of a group 
  2.1   purchaser or health care provider, that releases data to the 
  2.2   commissioner in good faith pursuant to sections 62J.301 to 
  2.3   62J.42 shall be immune from civil liability and criminal 
  2.4   prosecution. 
  2.5      (b) When a group purchaser, health plan company, or health 
  2.6   care provider submits patient identifying data, as defined in 
  2.7   section 62J.451, to the commissioner pursuant to sections 
  2.8   62J.301 to 62J.42, and the data is submitted to the commissioner 
  2.9   in electronic form, or through other electronic means including, 
  2.10  but not limited to, the electronic data interchange system 
  2.11  defined in section 62J.451, the group purchaser, health plan 
  2.12  company, or health care provider shall submit the patient 
  2.13  identifying data in encrypted form, using an encryption method 
  2.14  specified by the commissioner.  Submission of encrypted data as 
  2.15  provided in this paragraph satisfies the requirements of section 
  2.16  144.335, subdivision 3b. 
  2.17     (c) The commissioner shall require all health care 
  2.18  providers, group purchasers, and state agencies to use a 
  2.19  standard patient identifier and a standard identifier for 
  2.20  providers and health plan companies when reporting data under 
  2.21  this chapter.  The commissioner must encrypt patient identifiers 
  2.22  to prevent identification of individual patients and to enable 
  2.23  release of otherwise private data to researchers, providers, and 
  2.24  group purchasers in a manner consistent with chapter 13 and 
  2.25  sections 62J.55 and 144.335.  This encryption must ensure that 
  2.26  any data released must be in a form that makes it impossible to 
  2.27  identify individual patients.  
  2.28     Sec. 2.  [REPEALER.] 
  2.29     Minnesota Statutes 2002, section 144.335, subdivision 3b, 
  2.30  is repealed. 
  2.31     Sec. 3.  [PROPOSED RULES.] 
  2.32     The commissioner of health shall not adopt the rules 
  2.33  relating to administrative billing data as proposed in the State 
  2.34  Register, volume 27, page 243, August 19, 2002, or as 
  2.35  subsequently modified.  If the rules are adopted before the 
  2.36  effective date of this act, the rules are repealed retroactive 
  3.1   to the date of adoption. 
  3.2      Sec. 4.  [EFFECTIVE DATE.] 
  3.3      Sections 1 to 3 are effective the day following final 
  3.4   enactment.