HF 1610

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; requiring patients' consent to
transmit medical records out of the country; proposing
coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.3345] PATIENT CONSENT TO TRANSMIT MEDICAL
RECORDS INTERNATIONALLY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "health care business" means an individual or entity,
whether established to make a profit or not, that collects or
retains individually identifiable health information about
individuals in relation to medical care; and
new text end

new text begin (2) "individually identifiable health information" has the
meaning given in the federal Health Insurance Portability and
Accountability Act of 1996, United States Code, title 42,
section 1320d.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure and consent. new text end

new text begin (a) An individual or
entity that has contracted or subcontracted with a health care
business to receive individually identifiable health information
shall disclose to the health care business if any of the
information will be transferred to a site outside the United
States.
new text end

new text begin (b) No health care business, or individual or entity that
has contracted or subcontracted with a health care business,
shall transmit individually identifiable health information to a
site outside the United States unless:
new text end

new text begin (1) the health care business discloses to the individual at
the time of enrollment and reenrollment, or in the case of a
health facility, upon admission or as soon as practical after
admission, that individually identifiable health information may
be transmitted to a site outside the United States; and
new text end

new text begin (2) the health care business obtains a consent
acknowledgment from the individual whose health information is
identifiable that the individually identifiable health
information may be transmitted to a site outside the United
States. The consent acknowledgment must be in the form
specified under subdivision 3.
new text end

new text begin (c) The consent under paragraph (b), clause (2), must be
renewed annually. The individual may revoke consent in writing
to the health care business at any time.
new text end

new text begin (d) The obligations imposed on a health care business by
this section must be undertaken by the business itself and must
not be delegated to a physician or surgeon employed by, or
contracted with, the health care business.
new text end

new text begin (e) Paragraph (b) does not apply if an individual initiates
a request for health care services, diagnosis, or treatment
outside the United States.
new text end

new text begin Subd. 3. new text end

new text begin Form. new text end

new text begin A health care business shall utilize a
form to obtain consent to transmit individually identifiable
health information to a site outside the United States. The
form must:
new text end

new text begin (1) be dated and signed by the individual whose health care
information is identifiable; and
new text end

new text begin (2) clearly and conspicuously disclose:
new text end

new text begin (i) that by signing, the individual is consenting to the
transmission of the individual's individually identifiable
health information to a site outside the United States;
new text end

new text begin (ii) that the consent of the individual must be renewed on
at least an annual basis;
new text end

new text begin (iii) that the individual may revoke consent at any time;
and
new text end

new text begin (iv) the procedure by which consent may be revoked.
new text end

new text begin Subd. 4. new text end

new text begin Discrimination prohibited. new text end

new text begin A health care
business shall not discriminate against an individual or deny an
individual health care service because the individual has not
provided consent according to this section.
new text end