HF 847

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; providing for certain access to 
  1.3             health records by family members of patients receiving 
  1.4             mental health care; amending Minnesota Statutes 2002, 
  1.5             section 144.335, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 144.335, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 3d.  [FAMILY INVOLVEMENT; MENTAL HEALTH.] (a) 
  1.10  Notwithstanding subdivision 3a, a provider providing mental 
  1.11  health care and treatment to a patient may release information 
  1.12  in the patient's health record without the patient's consent to 
  1.13  a family member of the patient or to another person if: 
  1.14     (1) the family member or other person lives with, provides 
  1.15  care to, or is directly involved in monitoring the treatment of 
  1.16  the patient; 
  1.17     (2) the relationship under clause (1) is verified by the 
  1.18  patient's mental health care provider, the patient's attending 
  1.19  physician, or a person other than the person requesting 
  1.20  information; 
  1.21     (3) the disclosure is necessary to assist in the provision 
  1.22  of care or monitoring of the patient's treatment; 
  1.23     (4) before disclosure, the patient is informed in writing 
  1.24  of the request, the name of the person requesting information, 
  1.25  the reason, and the specific health record information being 
  2.1   released; 
  2.2      (5) the request for information by a person authorized to 
  2.3   receive the information under this subdivision is in writing, 
  2.4   except in an emergency as determined by the mental health care 
  2.5   provider; and 
  2.6      (6) the health record information released is limited to 
  2.7   diagnosis, admission to or discharge from treatment, the name of 
  2.8   the medications prescribed, side effects of the medication, 
  2.9   consequences of failure of the patient to take the prescribed 
  2.10  medication, and a summary of the discharge plan. 
  2.11     (b) If a provider reasonably determines that providing 
  2.12  health record information under this subdivision would be 
  2.13  detrimental to the physical or mental health of the patient or 
  2.14  is likely to cause the patient to inflict self harm or to harm 
  2.15  another, the provider may withhold the information from the 
  2.16  person requesting information.