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Minnesota Legislature

Office of the Revisor of Statutes

HF 1261

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 07:28pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2019

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2

A bill for an act
relating to health; modifying record and data provisions for quality of care
complaints; amending Minnesota Statutes 2018, section 62D.115, subdivision 4.

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

Section 1.

Minnesota Statutes 2018, section 62D.115, subdivision 4, is amended to read:


Subd. 4.

Records.

new text begin(a) new text endEach health maintenance organization shall maintain records of
all quality of care complaints and their resolution and retain those records for five years.
Notwithstanding section 145.64, new text beginupon written request of the enrollee or individual who
made the complaint, the commissioner shall require the health maintenance organization
to provide a record of the resolution of the complaint to the commissioner. The record must
be provided within 45 days of receipt of the request from the enrollee or individual making
the complaint. For purposes of this subdivision, the record provided to the commissioner
is limited to information on the resolution of the complaint, the conclusion of the
investigation, and any corrective action plan.
new text end

new text begin (b) new text endInformation provided to the commissioner according to this subdivision is classified
as confidential data on individuals or protected nonpublic data as defined in section 13.02,
subdivision 3
or 13deleted text begin.deleted text endnew text begin, provided that information that does not identify individuals, including
individuals participating in or the subject of peer review, is accessible to the enrollee or
individual who made the complaint. To the extent records provided to the commissioner or
an enrollee or complainant under this subdivision are subject to peer protection confidentiality
under state or federal law, those records are not subject to discovery or subpoena and may
not be included or referenced in a court file, introduced into evidence, or used to obtain an
affidavit of expert review under section 145.682. This subdivision does not prohibit the use
in a civil action of information, documents, or records subject to discovery or otherwise
available from original sources.
new text end