as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 02:53pm
A bill for an act
relating to health; expanding the maternal death studies conducted by the
commissioner of health to include maternal morbidity; amending Minnesota Statutes
2018, section 145.901.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 145.901, is amended to read:
The commissioner of health may conduct maternal new text beginnew text enddeath studies to assist the planning, implementation, and evaluation of medical, health,
and welfare service systems and to reduce the numbers of preventable new text beginnew text endmaternal new text beginnew text enddeaths in Minnesota.
(a) The commissioner of health has access to medical data as
defined in section 13.384, subdivision 1, paragraph (b), medical examiner data as defined
in section 13.83, subdivision 1, and health records created, maintained, or stored by providers
as defined in section 144.291, subdivision 2, paragraph (h), without the consent of the subject
of the data, and without the consent of the parent, spouse, other guardian, or legal
representative of the subject of the data, when the subject of the data is a woman who diednew text beginnew text end during a pregnancy or within 12 months of a fetal death, a live
birth, or other termination of a pregnancy.
The commissioner has access only to medical data and health records related to new text beginnew text enddeaths that occur on or after July 1, 2000new text beginnew text endnew text beginnew text end.
(b) The provider or responsible authority that creates, maintains, or stores the data shall
furnish the data upon the request of the commissioner. The provider or responsible authority
may charge a fee for providing the data, not to exceed the actual cost of retrieving and
duplicating the data.
(c) The commissioner shall make a good faith reasonable effort to notify the new text beginnew text endparent, spouse, deleted text beginotherdeleted text end guardian, or legal representative deleted text beginof the subject
of the datadeleted text end before collecting data on the subject. For purposes of this paragraph, "reasonable
effort" means one notice is sent by certified mail to the last known address of thenew text beginnew text end parent, spouse, guardian, or legal representative informing the
recipient of the data collection and offering a public health nurse support visit if desired.
(d) The commissioner does not have access to coroner or medical examiner data that
are part of an active investigation as described in section 13.83.
After the commissioner has collected all data about
a subject of a maternal new text beginnew text enddeath study needed to perform the study, the data from
source records obtained under subdivision 2, other than data identifying the subject, must
be transferred to separate records to be maintained by the commissioner. Notwithstanding
section 138.17, after the data have been transferred, all source records obtained under
subdivision 2 possessed by the commissioner must be destroyed.
(a) Data provided to the commissioner from source
records under subdivision 2, including identifying information on individual providers, data
subjects, or their children, and data derived by the commissioner under subdivision 3 for
the purpose of carrying out maternal new text beginnew text enddeath studies, are classified as confidential
data on individuals or confidential data on decedents, as defined in sections 13.02, subdivision
3, and 13.10, subdivision 1, paragraph (a).
(b) Information classified under paragraph (a) shall not be subject to discovery or
introduction into evidence in any administrative, civil, or criminal proceeding. Such
information otherwise available from an original source shall not be immune from discovery
or barred from introduction into evidence merely because it was utilized by the commissioner
in carrying out maternal new text beginnew text enddeath studies.
(c) Summary data on maternal new text beginnew text enddeath studies created by the commissioner,
which does not identify individual data subjects or individual providers, shall be public in
accordance with section 13.05, subdivision 7.