HF 1616

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 01:26pm

A bill for an act
relating to health; requiring patient consent before health care providers and health
plan companies may release data to the commissioner of health for health research
and data initiatives; amending Minnesota Statutes 2016, section 62J.321,
subdivisions 1, 4; repealing Minnesota Statutes 2016, section 144.293, subdivision
7.

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

Section 1.

Minnesota Statutes 2016, section 62J.321, subdivision 1, is amended to read:

Subdivision 1.

Data collection.

(a) The commissioner shall collect data from health care
providers, health plan companies, and individuals in the most cost-effective manner, which
does not unduly burden them. The commissioner may require health care providers and
health plan companies to collect and provide patient health records and claim files, and
cooperate in other ways with the data collection process. The commissioner may also require
health care providers and health plan companies to provide mailing lists of patients. new text begin Express,
written, informed new text end patient consent deleted text begin shall not be required for the release of data to the
commissioner pursuant to sections 62J.301 to 62J.42 deleted text end new text begin must be obtained new text end by any group
purchaser, health plan company, health care provider; or agent, contractor, or association
acting on behalf of a group purchaser or health care provider new text begin , specifically authorizing the
release of data by one of these individuals or entities to the commissioner according to
sections 62J.301 to 62J.42 new text end . Any group purchaser, health plan company, health care provider;
or agent, contractor, or association acting on behalf of a group purchaser or health care
provider, that releases data to the commissioner in good faith pursuant to sections 62J.301
to 62J.42 shall be immune from civil liability and criminal prosecution.

(b) When a group purchaser, health plan company, or health care provider submits patient
identifying data to the commissioner pursuant to sections 62J.301 to 62J.42 new text begin after obtaining
patient consent new text end , and the data is submitted to the commissioner in electronic form, or through
other electronic means including, but not limited to, the electronic data interchange system,
the group purchaser, health plan company, or health care provider shall submit the patient
identifying data in encrypted form, using an encryption method specified by the
commissioner. deleted text begin Submission of encrypted data as provided in this paragraph satisfies the
requirements of section 144.293, subdivision 7.
deleted text end

(c) The commissioner shall require all health care providers, group purchasers, and state
agencies to use a standard patient identifier and a standard identifier for providers and health
plan companies when reporting data under this chapter. The commissioner must encrypt
patient identifiers to prevent identification of individual patients and to enable release of
otherwise private data to researchers, providers, and group purchasers in a manner consistent
with chapter 13 and sections 62J.55 and 144.291 to 144.298. This encryption must ensure
that any data released must be in a form that makes it impossible to identify individual
patients.

Sec. 2.

Minnesota Statutes 2016, section 62J.321, subdivision 4, is amended to read:

Subd. 4.

Use of existing data.

(a) The commissioner shall negotiate with private sector
organizations currently collecting health care data of interest to the commissioner to obtain
required data in a cost-effective manner and minimize administrative costs. new text begin A private sector
organization collecting health care data must obtain express, written, informed patient
consent specifically authorizing the organization to provide data to the commissioner under
this paragraph. new text end The commissioner shall attempt to establish links between the health care
data collected to fulfill sections 62J.301 to 62J.42 and existing private sector data and shall
consider and implement methods to streamline data collection in order to reduce public and
private sector administrative costs. new text begin The links and methods for streamlining data collection
must include procedures for the private sector organization to obtain express, written,
informed consent from the patient before the private sector organization provides data to
the commissioner under this paragraph.
new text end

(b) The commissioner shall use existing public sector data, such as those existing for
medical assistance and Medicare, to the greatest extent possible new text begin , provided the commissioner
obtains express, written, informed patient consent specifically authorizing the commissioner
to access and use public sector data under this paragraph, prior to accessing and using the
data new text end . The commissioner shall establish links between existing public sector data and consider
and implement methods to streamline public sector data collection in order to reduce public
and private sector administrative costs. new text begin The links and methods for streamlining public sector
data collection must include procedures for obtaining express, written, informed consent
from the patient specifically authorizing the commissioner to access and use public sector
data under this paragraph, prior to the commissioner accessing and using the data.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 144.293, subdivision 7, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-3528

144.293 RELEASE OR DISCLOSURE OF HEALTH RECORDS.

Subd. 7.

Exception to consent.

Subdivision 2 does not apply to the release of health records to the commissioner of health or the Health Data Institute under chapter 62J, provided that the commissioner encrypts the patient identifier upon receipt of the data.