HF 1894

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2012 11:55am

A bill for an act
relating to health; requiring patient consent for certain encounter data reporting;
amending Minnesota Statutes 2010, section 62U.04, subdivision 4.

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

Section 1.

Minnesota Statutes 2010, section 62U.04, subdivision 4, is amended to read:

Subd. 4.

Encounter data.

(a) Beginning July 1, 2009, and every six months
thereafter, all health plan companies and third-party administrators shall submit encounter
data to a private entity designated by the commissioner of health. The data shall be
submitted in a form and manner specified by the commissioner subject to the following
requirements:

(1) the data must be de-identified data as described under the Code of Federal
Regulations, title 45, section 164.514;

(2) the data for each encounter must include an identifier for the patient's health care
home if the patient has selected a health care home; and

(3) except for the identifier described in clause (2), the data must not include
information that is not included in a health care claim or equivalent encounter information
transaction that is required under section 62J.536.

(b) The commissioner or the commissioner's designee shall only use the data
submitted under paragraph (a) for the purpose of carrying out its responsibilities in this
section, and must maintain the data that it receives according to the provisions of this
section.

(c) Data on providers collected under this subdivision are private data on individuals
or nonpublic data, as defined in section 13.02. Notwithstanding the definition of summary
data in section 13.02, subdivision 19, summary data prepared under this subdivision
may be derived from nonpublic data. The commissioner or the commissioner's designee
shall establish procedures and safeguards to protect the integrity and confidentiality of
any data that it maintains.

(d) The commissioner or the commissioner's designee shall not publish analyses or
reports that identify, or could potentially identify, individual patients.

new text begin (e) Notwithstanding paragraph (a) or Minnesota Rules, chapter 4653, no health plan
company or third-party administrator shall submit encounter data to the data processor, as
defined in Minnesota Rules, part 4653.0100, without first obtaining the express written
consent of the individual patient, or the parent or guardian in the case of a minor child.
new text end

new text begin (f) By July 1, 2012, the commissioner must provide a method by which individual
patients may elect to remove from the vendor's database any of their individual encounter
data already collected and stored by the data processor, as defined in Minnesota Rules,
part 4653.0100.
new text end