HF 1726

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; regulating access to health 
  1.3             records; modifying the definition of patient; amending 
  1.4             Minnesota Statutes 1998, section 144.335, subdivision 
  1.5             1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 144.335, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.10  section, the following terms have the meanings given them: 
  1.11     (a) "Patient" means a natural person who has received 
  1.12  health care services from a provider for treatment or 
  1.13  examination of a medical, psychiatric, or mental condition, the 
  1.14  surviving spouse, any adult child, and parents of a deceased 
  1.15  patient, or a person the patient appoints in writing as a 
  1.16  representative, including a health care agent acting pursuant to 
  1.17  chapter 145C, unless the authority of the agent has been limited 
  1.18  by the principal in the principal's health care directive.  
  1.19  Except for minors who have received health care services 
  1.20  pursuant to sections 144.341 to 144.347, in the case of a minor, 
  1.21  patient includes a parent or guardian, or a person acting as a 
  1.22  parent or guardian in the absence of a parent or guardian. 
  1.23     (b) "Provider" means (1) any person who furnishes health 
  1.24  care services and is regulated to furnish the services pursuant 
  1.25  to chapter 147, 147A, 147B, 147C, 148, 148B, 148C, 150A, 151, 
  2.1   153, or 153A, or Minnesota Rules, chapter 4666; (2) a home care 
  2.2   provider licensed under section 144A.46; (3) a health care 
  2.3   facility licensed pursuant to this chapter or chapter 144A; (4) 
  2.4   a physician assistant registered under chapter 147A; and (5) an 
  2.5   unlicensed mental health practitioner regulated pursuant to 
  2.6   sections 148B.60 to 148B.71. 
  2.7      (c) "Individually identifiable form" means a form in which 
  2.8   the patient is or can be identified as the subject of the health 
  2.9   records.