HF 1557

as introduced - 87th Legislature (2011 - 2012) Posted on 04/26/2011 09:34am

A bill for an act
relating to health; modifying provisions related to release of health records;
amending Minnesota Statutes 2010, section 144.293, subdivisions 2, 8, 9;
repealing Minnesota Statutes 2010, section 144.293, subdivision 10.

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

Section 1.

Minnesota Statutes 2010, section 144.293, subdivision 2, is amended to read:

Subd. 2.

Patient consent to release of records.

A provider, or a person who
receives health records from a provider, may not release a patient's health records to a
person without:

(1) a signed and dated consent from the patient or the patient's legally authorized
representative authorizing the release; new text begin or
new text end

(2) specific authorization in law deleted text begin ; or
deleted text end

deleted text begin (3) a representation from a provider that holds a signed and dated consent from the
patient authorizing the release deleted text end .

Sec. 2.

Minnesota Statutes 2010, section 144.293, subdivision 8, is amended to read:

Subd. 8.

Record locator service.

(a) A provider or group purchaser may release
patient identifying information and information about the location of the patient's health
records to a record locator service deleted text begin without deleted text end new text begin with informed written new text end consent from the patient,
unless the patient has elected to be excluded from the service under paragraph (d). The
Department of Health may not access the record locator service or receive data from the
record locator service. Only a provider may have access to patient identifying information
in a record locator service. Except in the case of a medical emergency, a provider
participating in a health information exchange using a record locator service does not have
access to patient identifying information and information about the location of the patient's
health records unless the patient specifically deleted text begin consents to deleted text end new text begin provides written informed consent
for new text end the access. A consent does not expire but may be revoked by the patient at any time by
providing written notice of the revocation to the provider.

(b) A health information exchange maintaining a record locator service must
maintain an audit log of providers accessing information in a record locator service that
at least contains information on:

(1) the identity of the provider accessing the information;

(2) the identity of the patient whose information was accessed by the provider; and

(3) the date the information was accessed.

(c) No group purchaser may in any way require a provider to participate in a record
locator service as a condition of payment or participation.

deleted text begin (d) A provider or an entity operating a record locator service must provide
a mechanism under which patients may exclude their identifying information and
information about the location of their health records from a record locator service. At
a minimum, a consent form that permits a provider to access a record locator service
must include a conspicuous check-box option that allows a patient to exclude all of the
patient's information from the record locator service. A provider participating in a health
information exchange with a record locator service who receives a patient's request to
exclude all of the patient's information from the record locator service or to have a specific
provider contact excluded from the record locator service is responsible for removing that
information from the record locator service.
deleted text end

Sec. 3.

Minnesota Statutes 2010, section 144.293, subdivision 9, is amended to read:

Subd. 9.

Documentation of release.

deleted text begin (a) deleted text end In cases where a provider releases health
records without patient consent as authorized by law, the release must be documented in
the patient's health record. In the case of a release under section 144.294, subdivision 2, the
documentation must include the date and circumstances under which the release was made,
the person or agency to whom the release was made, and the records that were released.

deleted text begin (b) When a health record is released using a representation from a provider that
holds a consent from the patient, the releasing provider shall document:
deleted text end

deleted text begin (1) the provider requesting the health records;
deleted text end

deleted text begin (2) the identity of the patient;
deleted text end

deleted text begin (3) the health records requested; and
deleted text end

deleted text begin (4) the date the health records were requested.
deleted text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 144.293, subdivision 10, new text end new text begin is repealed.
new text end