HF 1615

as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2017 04:08pm

A bill for an act
relating to health; making changes to tribal vital record keeping, cancer reporting
system, and the birth defect information system; amending Minnesota Statutes
2016, sections 144.2215, subdivision 1; 144.2216, subdivision 4; 144.225,
subdivisions 2, 2a, 7; 144.69; proposing coding for new law in Minnesota Statutes,
chapter 144.

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

ARTICLE 1

TRIBAL VITAL RECORD KEEPING

Section 1.

Minnesota Statutes 2016, section 144.225, subdivision 2, is amended to read:

Subd. 2.

Data about births.

(a) Except as otherwise provided in this subdivision, data
pertaining to the birth of a child to a woman who was not married to the child's father when
the child was conceived nor when the child was born, including the original record of birth
and the certified vital record, are confidential data. At the time of the birth of a child to a
woman who was not married to the child's father when the child was conceived nor when
the child was born, the mother may designate demographic data pertaining to the birth as
public. Notwithstanding the designation of the data as confidential, it may be disclosed:

(1) to a parent or guardian of the child;

(2) to the child when the child is 16 years of age or older;

(3) under paragraph (b) or (e); or

(4) pursuant to a court order. For purposes of this section, a subpoena does not constitute
a court order.

(b) Unless the child is adopted, data pertaining to the birth of a child that are not accessible
to the public become public data if 100 years have elapsed since the birth of the child who
is the subject of the data, or as provided under section 13.10, whichever occurs first.

(c) If a child is adopted, data pertaining to the child's birth are governed by the provisions
relating to adoption records, including sections 13.10, subdivision 5; 144.218, subdivision
1; 144.2252; and 259.89.

(d) The name and address of a mother under paragraph (a) and the child's date of birth
may be disclosed to the county social services new text begin , tribal health department, new text end or public health
member of a family services collaborative for purposes of providing services under section
124D.23.

(e) The commissioner of human services shall have access to birth records for:

(1) the purposes of administering medical assistance and the MinnesotaCare program;

(2) child support enforcement purposes; and

(3) other public health purposes as determined by the commissioner of health.

new text begin (f) Tribal child support programs shall have access to birth records for child support
enforcement purposes.
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.225, subdivision 2a, is amended to read:

Subd. 2a.

Health data associated with birth registration.

Information from which an
identification of risk for disease, disability, or developmental delay in a mother or child can
be made, that is collected in conjunction with birth registration or fetal death reporting, is
private data as defined in section 13.02, subdivision 12. The commissioner may disclose to
a new text begin tribal health department or new text end community health board, as defined in section 145A.02,
subdivision 5, health data associated with birth registration which identifies a mother or
child at high risk for serious disease, disability, or developmental delay in order to assure
access to appropriate health, social, or educational services. Notwithstanding the designation
of the private data, the commissioner of human services shall have access to health data
associated with birth registration for:

(1) purposes of administering medical assistance and the MinnesotaCare program; and

(2) for other public health purposes as determined by the commissioner of health.

Sec. 3.

Minnesota Statutes 2016, section 144.225, subdivision 7, is amended to read:

Subd. 7.

Certified birth or death record.

(a) The state registrar or local issuance office
shall issue a certified birth or death record or a statement of no vital record found to an
individual upon the individual's proper completion of an attestation provided by the
commissioner and payment of the required fee:

(1) to a person who has a tangible interest in the requested vital record. A person who
has a tangible interest is:

(i) the subject of the vital record;

(ii) a child of the subject;

(iii) the spouse of the subject;

(iv) a parent of the subject;

(v) the grandparent or grandchild of the subject;

(vi) if the requested record is a death record, a sibling of the subject;

(vii) the party responsible for filing the vital record;

(viii) the legal custodian, guardian or conservator, or health care agent of the subject;

(ix) a personal representative, by sworn affidavit of the fact that the certified copy is
required for administration of the estate;

(x) a successor of the subject, as defined in section 524.1-201, if the subject is deceased,
by sworn affidavit of the fact that the certified copy is required for administration of the
estate;

(xi) if the requested record is a death record, a trustee of a trust by sworn affidavit of
the fact that the certified copy is needed for the proper administration of the trust;

(xii) a person or entity who demonstrates that a certified vital record is necessary for the
determination or protection of a personal or property right, pursuant to rules adopted by the
commissioner; or

(xiii) an adoption agency in order to complete confidential postadoption searches as
required by section 259.83;

(2) to any local, state, new text begin tribal, new text end or federal governmental agency upon request if the certified
vital record is necessary for the governmental agency to perform its authorized duties;

(3) to an attorney upon evidence of the attorney's license;

(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes
of this section, a subpoena does not constitute a court order; or

(5) to a representative authorized by a person under clauses (1) to (4).

(b) The state registrar or local issuance office shall also issue a certified death record to
an individual described in paragraph (a), clause (1), items (ii) to (viii), if, on behalf of the
individual, a licensed mortician furnishes the registrar with a properly completed attestation
in the form provided by the commissioner within 180 days of the time of death of the subject
of the death record. This paragraph is not subject to the requirements specified in Minnesota
Rules, part 4601.2600, subpart 5, item B.

ARTICLE 2

CANCER REPORTING SYSTEM

Section 1.

Minnesota Statutes 2016, section 144.69, is amended to read:

144.69 CLASSIFICATION OF DATA ON INDIVIDUALS.

Notwithstanding any law to the contrary, including section 13.05, subdivision 9, data
collected on individuals by the cancer surveillance system, including the names and personal
identifiers of persons required in section 144.68 to report, shall be private and may only be
used for the purposes set forth in this section and sections 144.671, 144.672, and 144.68.
Any disclosure other than is provided for in this section and sections 144.671, 144.672, and
144.68, is declared to be a misdemeanor and punishable as such. Except as provided by
rule, and as part of an epidemiologic investigation, an officer or employee of the
commissioner of health may interview patients named in any such report, or relatives of
any such patient, only after deleted text begin the consent of deleted text end new text begin notifying new text end the attending physician or surgeon deleted text begin is
obtained deleted text end .

Sec. 2.

new text begin [144.691] TRANSFERS OF INFORMATION TO NON-MINNESOTA STATE
AND FEDERAL GOVERNMENT AGENCIES.
new text end

new text begin (a) Information containing personal identifiers collected by the cancer reporting system
may be disseminated to the statewide cancer registry of other states solely for purposes
consistent with sections 144.671, 144.672, 144.68, and 144.69, provided that the other state
agrees to maintain the classification of the information as provided under section 144.69.
new text end

new text begin (b) Information, excluding direct identifiers such as name, Social Security number,
telephone number, and street address collected by the cancer reporting system may be
provided to the Centers for Disease Control and Prevention's National Program of Cancer
Registries and the National Cancer Institute's Surveillance, Epidemiology, and End Results
Program registry.
new text end

ARTICLE 3

BIRTH DEFECT INFORMATION SYSTEM

Section 1.

Minnesota Statutes 2016, section 144.2215, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner of health shall establish and maintain
an information system containing data on the cause, treatment, prevention, and cure of major
birth defects. The commissioner shall consult with representatives and experts in
epidemiology, medicine, insurance, health maintenance organizations, genetics, consumers,
and voluntary organizations in developing the system and may phase in the implementation
of the system. new text begin Sections 144.2215 to 144.2219 apply to birth defects that develop during
pregnancy and:
new text end

new text begin (1) result in live births; or
new text end

new text begin (2) result in fetal deaths, reportable under section 144.222.
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.2216, subdivision 4, is amended to read:

Subd. 4.

Opt out.

A parent or legal guardian must be informed by the commissioner at
the time of the initial data collection that they may request removal at any time of personal
identifying information concerning a child from the birth defects information system using
a written form prescribed by the commissioner. The commissioner shall advise parents or
legal guardians deleted text begin of infants deleted text end :

(1) that the information on birth defects may be retained by the Department of Health;

(2) new text begin of new text end the benefit of retaining birth defects records;

(3) that they may elect to have the birth defects information collected once, within one
year of birth new text begin or fetal death, as defined in section 144.222 new text end , but to require that all personally
identifying information be destroyed immediately upon the commissioner receiving the
information. If the parents deleted text begin of an infant deleted text end new text begin or legal guardians new text end object in writing to the maintaining
of birth defects information, the objection or election shall be recorded on a form that is
signed by a parent or legal guardian and submitted to the commissioner of health; and

(4) that if the parent or legal guardian chooses to opt-out, the commissioner will not be
able to inform the parent or legal guardian deleted text begin of a child deleted text end of information related to the prevention,
treatment, or cause of a particular birth defect.