HF 1144

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health data; modifying access of the 
  1.3             attorney general to health data held by governmental 
  1.4             and private entities; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 8. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [8.37] [ACCESS TO HEALTH RECORDS.] 
  1.8      Notwithstanding section 13.384, subdivision 3; 13.46; 
  1.9   62D.145, subdivision 2; or 72A.502, or any other provision of 
  1.10  law to the contrary, the attorney general must follow the 
  1.11  procedure established in this section to obtain access to 
  1.12  patient health records or any other individually identifiable 
  1.13  medical data about a patient.  To obtain access to patient 
  1.14  health records or any other individually identifiable medical 
  1.15  data about a patient, the attorney general must seek a court 
  1.16  order authorizing release of the data.  Before releasing the 
  1.17  data, the court or the entity maintaining the data must contact 
  1.18  all patients who are the subjects of the data, notify the 
  1.19  patients that the attorney general has requested access to the 
  1.20  data, and give the patients the opportunity to refuse to have 
  1.21  their data released to the attorney general.  The court shall 
  1.22  not release any patient health records or other individually 
  1.23  identifiable medical data, pursuant to a court order, if the 
  1.24  patient who is the subject of the data has refused to consent to 
  1.25  the release.