HF 2618

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; allowing disclosure of 
  1.3             certain personnel data to governmental entities for 
  1.4             protection purposes; authorizing disclosure of certain 
  1.5             welfare data to the department of children, families, 
  1.6             and learning; clarifying status of data relating to 
  1.7             state and local economic development; modifying the 
  1.8             requirements for health care provider identification 
  1.9             numbers; establishing procedures for disclosing 
  1.10            certain nonpublic data related to group purchasers; 
  1.11            requiring the office of mental health practice to 
  1.12            establish procedures for the exchange of information; 
  1.13            permitting the commissioner of health to obtain 
  1.14            certain arrest and investigative information; allowing 
  1.15            disclosure of certain department of economic security 
  1.16            data to contractors; providing penalties; amending 
  1.17            Minnesota Statutes 1994, sections 13.43, by adding a 
  1.18            subdivision; 144.225, by adding a subdivision; 
  1.19            148B.66, by adding a subdivision; 148B.69, subdivision 
  1.20            2; and 148B.70, subdivision 3; Minnesota Statutes 1995 
  1.21            Supplement, sections 13.43, subdivision 2; 13.46, 
  1.22            subdivision 2; 62J.54, subdivisions 1 and 2; 144.225, 
  1.23            subdivision 2a; and 268.12, subdivision 12; proposing 
  1.24            coding for new law in Minnesota Statutes, chapter 13; 
  1.25            repealing Minnesota Statutes 1994, sections 13.76, 
  1.26            subdivisions 1 and 3; and 13.77. 
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.29  13.43, subdivision 2, is amended to read: 
  1.30     Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
  1.31  in subdivision 5, the following personnel data on current and 
  1.32  former employees, volunteers, and independent contractors of a 
  1.33  state agency, statewide system, or political subdivision and 
  1.34  members of advisory boards or commissions is public: 
  1.35     (1) name; actual gross salary; salary range; contract fees; 
  1.36  actual gross pension; the value and nature of employer paid 
  2.1   fringe benefits; and the basis for and the amount of any added 
  2.2   remuneration, including expense reimbursement, in addition to 
  2.3   salary; 
  2.4      (2) job title; job description; education and training 
  2.5   background; and previous work experience; 
  2.6      (3) date of first and last employment; 
  2.7      (4) the existence and status of any complaints or charges 
  2.8   against the employee, regardless of whether the complaint or 
  2.9   charge resulted in a disciplinary action; 
  2.10     (5) the final disposition of any disciplinary action 
  2.11  together with the specific reasons for the action and data 
  2.12  documenting the basis of the action, excluding data that would 
  2.13  identify confidential sources who are employees of the public 
  2.14  body; 
  2.15     (6) the terms of any agreement settling any dispute arising 
  2.16  out of an employment relationship or of a buyout agreement, as 
  2.17  defined in section 123.34, subdivision 9a, paragraph (a); 
  2.18     (7) work location; a work telephone number; badge number; 
  2.19  and honors and awards received; and 
  2.20     (8) payroll time sheets or other comparable data that are 
  2.21  only used to account for employee's work time for payroll 
  2.22  purposes, except to the extent that release of time sheet data 
  2.23  would reveal the employee's reasons for the use of sick or other 
  2.24  medical leave or other not public data; and city and county of 
  2.25  residence. 
  2.26     (b) For purposes of this subdivision, a final disposition 
  2.27  occurs when the state agency, statewide system, or political 
  2.28  subdivision makes its final decision about the disciplinary 
  2.29  action, regardless of the possibility of any later proceedings 
  2.30  or court proceedings.  In the case of arbitration proceedings 
  2.31  arising under collective bargaining agreements, a final 
  2.32  disposition occurs at the conclusion of the arbitration 
  2.33  proceedings, or upon the failure of the employee to elect 
  2.34  arbitration within the time provided by the collective 
  2.35  bargaining agreement.  Final disposition includes a resignation 
  2.36  by an individual when the resignation occurs after the final 
  3.1   decision of the state agency, statewide system, political 
  3.2   subdivision, or arbitrator. 
  3.3      (c) The state agency, statewide system, or political 
  3.4   subdivision may display a photograph of a current or former 
  3.5   employee to a prospective witness as part of the state agency's, 
  3.6   statewide system's, or political subdivision's investigation of 
  3.7   any complaint or charge against the employee. 
  3.8      (d) A complainant has access to a statement provided by the 
  3.9   complainant to a state agency, statewide system, or political 
  3.10  subdivision in connection with a complaint or charge against an 
  3.11  employee. 
  3.12     (e) Notwithstanding paragraph (a), clause (5), upon 
  3.13  completion of an investigation of a complaint or charge against 
  3.14  a public official, or if a public official resigns or is 
  3.15  terminated from employment while the complaint or charge is 
  3.16  pending, all data relating to the complaint or charge are 
  3.17  public, unless access to the data would jeopardize an active 
  3.18  investigation or reveal confidential sources.  For purposes of 
  3.19  this paragraph, "public official" means the head of a state 
  3.20  agency and deputy and assistant state agency 
  3.21  heads commissioners, deputy and assistant commissioners, bureau 
  3.22  chiefs of state departments in the executive branch, the chief 
  3.23  executive officers, and deputy and assistant chief executive 
  3.24  officers of those agencies of the executive branch that are not 
  3.25  state departments. 
  3.26     Sec. 2.  Minnesota Statutes 1994, section 13.43, is amended 
  3.27  by adding a subdivision to read: 
  3.28     Subd. 10.  [PROTECTING EMPLOYEE OR OTHERS.] A state agency, 
  3.29  political subdivision, or statewide system may disseminate 
  3.30  private personnel data to an appropriate third party, including 
  3.31  but not limited to, health care providers and law enforcement 
  3.32  agencies, if the state agency, political subdivision, or 
  3.33  statewide system reasonably determines that the dissemination of 
  3.34  data is necessary to protect the employee from self harm or to 
  3.35  protect others who may be harmed by the employee. 
  3.36     Sec. 3.  Minnesota Statutes 1995 Supplement, section 13.46, 
  4.1   subdivision 2, is amended to read: 
  4.2      Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  4.3   a statute specifically provides a different classification, data 
  4.4   on individuals collected, maintained, used, or disseminated by 
  4.5   the welfare system is private data on individuals, and shall not 
  4.6   be disclosed except:  
  4.7      (1) pursuant to section 13.05; 
  4.8      (2) pursuant to court order; 
  4.9      (3) pursuant to a statute specifically authorizing access 
  4.10  to the private data; 
  4.11     (4) to an agent of the welfare system, including a law 
  4.12  enforcement person, attorney, or investigator acting for it in 
  4.13  the investigation or prosecution of a criminal or civil 
  4.14  proceeding relating to the administration of a program; 
  4.15     (5) to personnel of the welfare system who require the data 
  4.16  to determine eligibility, amount of assistance, and the need to 
  4.17  provide services of additional programs to the individual; 
  4.18     (6) to administer federal funds or programs; 
  4.19     (7) between personnel of the welfare system working in the 
  4.20  same program; 
  4.21     (8) the amounts of cash public assistance and relief paid 
  4.22  to welfare recipients in this state, including their names, 
  4.23  social security numbers, income, addresses, and other data as 
  4.24  required, upon request by the department of revenue to 
  4.25  administer the property tax refund law, supplemental housing 
  4.26  allowance, early refund of refundable tax credits, and the 
  4.27  income tax.  "Refundable tax credits" means the dependent care 
  4.28  credit under section 290.067, the Minnesota working family 
  4.29  credit under section 290.0671, the property tax refund under 
  4.30  section 290A.04, and, if the required federal waiver or waivers 
  4.31  are granted, the federal earned income tax credit under section 
  4.32  32 of the Internal Revenue Code; 
  4.33     (9) to the Minnesota department of economic security for 
  4.34  the purpose of monitoring the eligibility of the data subject 
  4.35  for reemployment insurance, for any employment or training 
  4.36  program administered, supervised, or certified by that agency, 
  5.1   or for the purpose of administering any rehabilitation program, 
  5.2   whether alone or in conjunction with the welfare system, and to 
  5.3   verify receipt of energy assistance for the telephone assistance 
  5.4   plan; 
  5.5      (10) to appropriate parties in connection with an emergency 
  5.6   if knowledge of the information is necessary to protect the 
  5.7   health or safety of the individual or other individuals or 
  5.8   persons; 
  5.9      (11) data maintained by residential programs as defined in 
  5.10  section 245A.02 may be disclosed to the protection and advocacy 
  5.11  system established in this state pursuant to Part C of Public 
  5.12  Law Number 98-527 to protect the legal and human rights of 
  5.13  persons with mental retardation or other related conditions who 
  5.14  live in residential facilities for these persons if the 
  5.15  protection and advocacy system receives a complaint by or on 
  5.16  behalf of that person and the person does not have a legal 
  5.17  guardian or the state or a designee of the state is the legal 
  5.18  guardian of the person; 
  5.19     (12) to the county medical examiner or the county coroner 
  5.20  for identifying or locating relatives or friends of a deceased 
  5.21  person; 
  5.22     (13) data on a child support obligor who makes payments to 
  5.23  the public agency may be disclosed to the higher education 
  5.24  services office to the extent necessary to determine eligibility 
  5.25  under section 136A.121, subdivision 2, clause (5); 
  5.26     (14) participant social security numbers and names 
  5.27  collected by the telephone assistance program may be disclosed 
  5.28  to the department of revenue to conduct an electronic data match 
  5.29  with the property tax refund database to determine eligibility 
  5.30  under section 237.70, subdivision 4a; 
  5.31     (15) the current address of a recipient of aid to families 
  5.32  with dependent children may be disclosed to law enforcement 
  5.33  officers who provide the name and social security number of the 
  5.34  recipient and satisfactorily demonstrate that:  (i) the 
  5.35  recipient is a fugitive felon, including the grounds for this 
  5.36  determination; (ii) the location or apprehension of the felon is 
  6.1   within the law enforcement officer's official duties; and (iii) 
  6.2   the request is made in writing and in the proper exercise of 
  6.3   those duties; 
  6.4      (16) the current address of a recipient of general 
  6.5   assistance, work readiness, or general assistance medical care 
  6.6   may be disclosed to probation officers and corrections agents 
  6.7   who are supervising the recipient, and to law enforcement 
  6.8   officers who are investigating the recipient in connection with 
  6.9   a felony level offense; 
  6.10     (17) information obtained from food stamp applicant or 
  6.11  recipient households may be disclosed to local, state, or 
  6.12  federal law enforcement officials, upon their written request, 
  6.13  for the purpose of investigating an alleged violation of the 
  6.14  food stamp act, in accordance with Code of Federal Regulations, 
  6.15  title 7, section 272.1(c); 
  6.16     (18) data on a child support obligor who is in arrears may 
  6.17  be disclosed for purposes of publishing the data pursuant to 
  6.18  section 518.575; 
  6.19     (19) data on child support payments made by a child support 
  6.20  obligor may be disclosed to the obligee; or 
  6.21     (20) data in the work reporting system may be disclosed 
  6.22  under section 256.998, subdivision 7; or 
  6.23     (21) to the Minnesota department of children, families, and 
  6.24  learning for the purpose of matching department of children, 
  6.25  families, and learning student data with public assistance data 
  6.26  to determine students eligible for free and reduced price meals, 
  6.27  meal supplements, and free milk pursuant to United States Code, 
  6.28  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  6.29  produce accurate numbers of students receiving aid to families 
  6.30  with dependent children as required by section 124.175; and to 
  6.31  allocate federal and state funds that are distributed based on 
  6.32  income of the student's family. 
  6.33     (b) Information on persons who have been treated for drug 
  6.34  or alcohol abuse may only be disclosed in accordance with the 
  6.35  requirements of Code of Federal Regulations, title 42, sections 
  6.36  2.1 to 2.67. 
  7.1      (c) Data provided to law enforcement agencies under 
  7.2   paragraph (a), clause (15), (16), or (17), or paragraph (b), are 
  7.3   investigative data and are confidential or protected nonpublic 
  7.4   while the investigation is active.  The data are private after 
  7.5   the investigation becomes inactive under section 13.82, 
  7.6   subdivision 5, paragraph (a) or (b). 
  7.7      (d) Mental health data shall be treated as provided in 
  7.8   subdivisions 7, 8, and 9, but is not subject to the access 
  7.9   provisions of subdivision 10, paragraph (b). 
  7.10     Sec. 4.  [13.751] [FINANCIAL ASSISTANCE DATA; ECONOMIC 
  7.11  DEVELOPMENT.] 
  7.12     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  7.13  following terms have the following meaning given to them: 
  7.14     (1) "applicant" means a county, statutory or home rule 
  7.15  charter city, township, housing or redevelopment authority, 
  7.16  economic development authority, rural development finance 
  7.17  authority, port authority, financial institution, Indian tribal 
  7.18  government, sole proprietorship, person, borrower, as defined in 
  7.19  section 41A.02, subdivision 8, or lender, as defined in section 
  7.20  41A.02, subdivision 11, which submits an application for 
  7.21  assistance under a financial assistance program and any person 
  7.22  receiving the benefit of the financial assistance; 
  7.23     (2) "application" means the official consolidated 
  7.24  application form developed by the department of trade and 
  7.25  economic development to be used to apply for financial 
  7.26  assistance from various programs administered by the department; 
  7.27     (3) "business plan" means any collection of financial or 
  7.28  other information by the applicant describing the manner in 
  7.29  which it intends to conduct any aspect of its future business 
  7.30  operations; 
  7.31     (4) "financial assistance data" means all data collected, 
  7.32  created, received, maintained, or disseminated by the department 
  7.33  of trade and economic development or the Minnesota agricultural 
  7.34  and economic development board regarding an application for 
  7.35  assistance under a financial assistance program; 
  7.36     (5) "financial assistance program" means a program 
  8.1   administered by the department of trade and economic development 
  8.2   that provides grants, loans, loan participations, loan 
  8.3   guaranties, loan restructuring, interest subsidies, insurance, 
  8.4   issuance of bonds pursuant to chapter 41A, or similar forms of 
  8.5   financial assistance for business or economic development 
  8.6   activities; and 
  8.7      (6) "financial statement" means any statement of the past 
  8.8   or present financial condition or performance of the applicant. 
  8.9      Subd. 2.  [FINANCIAL ASSISTANCE DATA.] Financial assistance 
  8.10  data are private data on individuals or nonpublic data not on 
  8.11  individuals until the time of approval of the application.  
  8.12     Subd. 3.  [DATA OF RECIPIENTS.] (a) Upon approval of an 
  8.13  application, the following financial assistance data become 
  8.14  public:  the identity of the applicant, the address of its 
  8.15  principal place of business, the names of the owners, the 
  8.16  principal officers, and the agents of the applicant if the 
  8.17  applicant is other than an individual, the terms and conditions 
  8.18  of the financial assistance provided under the financial 
  8.19  assistance program, and all documents evidencing the financial 
  8.20  assistance agreement or securing the repayment of the financial 
  8.21  assistance provided, except for any data contained in those 
  8.22  documents that are classified otherwise under state law. 
  8.23     (b) Upon approval of an application, the following 
  8.24  financial assistance data remain private data on individuals or 
  8.25  nonpublic data:  financial statements, net worth calculations, 
  8.26  personal or corporate income tax returns, business plans except 
  8.27  for job creation and wage level goals and whether they have been 
  8.28  met, income and expense projections, customer lists, and market 
  8.29  and feasibility studies not paid for with public funds. 
  8.30     (c) The data described in paragraph (b) may be classified 
  8.31  as public if the commissioner of the department of trade and 
  8.32  economic development determines that access is required under 
  8.33  state or federal securities law. 
  8.34     Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  8.35  62J.54, subdivision 1, is amended to read: 
  8.36     Subdivision 1.  [UNIQUE IDENTIFICATION NUMBER FOR HEALTH 
  9.1   CARE PROVIDER ORGANIZATIONS.] (a) On and after January 1, 1998, 
  9.2   all group purchasers and health care providers in Minnesota 
  9.3   shall use a unique identification number to identify health care 
  9.4   provider organizations, except as provided in paragraph (d) (e). 
  9.5      (b) Following the recommendation of the workgroup for 
  9.6   electronic data interchange, the federal tax identification 
  9.7   number assigned to each health care provider organization by the 
  9.8   Internal Revenue Service of the Department of the Treasury The 
  9.9   first eight digits of the national provider identifier 
  9.10  maintained by the federal Health Care Financing Administration 
  9.11  shall be used as the unique identification number for health 
  9.12  care provider organizations. 
  9.13     (c) Provider organizations required to have a national 
  9.14  provider identifier are:  
  9.15     (1) hospitals licensed under chapter 144; 
  9.16     (2) nursing homes and hospices licensed under chapter 144A; 
  9.17     (3) subacute care facilities; 
  9.18     (4) individual providers organized as a clinic or group 
  9.19  practice; 
  9.20     (5) independent laboratory, pharmacy, surgery, radiology, 
  9.21  or outpatient facilities.  Provider organizations shall obtain a 
  9.22  national provider identifier from the federal Health Care 
  9.23  Financing Administration using the federal Health Care Financing 
  9.24  Administration's prescribed process; 
  9.25     (6) ambulance services licensed under chapter 144; and 
  9.26     (7) special transportation services certified under chapter 
  9.27  174.  
  9.28     (d) The unique health care provider organization identifier 
  9.29  shall be used for purposes of submitting and receiving claims, 
  9.30  and in conjunction with other data collection and reporting 
  9.31  functions. 
  9.32     (d) (e) The state and federal health care programs 
  9.33  administered by the department of human services shall use the 
  9.34  unique identification number assigned to health care providers 
  9.35  for implementation of the Medicaid Management Information System 
  9.36  or the uniform provider identification number (UPIN) assigned by 
 10.1   the Health Care Financing Administration the national provider 
 10.2   identifier maintained by the federal Health Care Financing 
 10.3   Administration. 
 10.4      (f) The commissioner of health may become a subscriber to 
 10.5   the federal Health Care Financing Administration's national 
 10.6   provider system to implement this subdivision. 
 10.7      Sec. 6.  Minnesota Statutes 1995 Supplement, section 
 10.8   62J.54, subdivision 2, is amended to read: 
 10.9      Subd. 2.  [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL 
 10.10  HEALTH CARE PROVIDERS.] (a) On and after January 1, 1998, all 
 10.11  group purchasers and health care providers in Minnesota shall 
 10.12  use a unique identification number to identify an individual 
 10.13  health care provider, except as provided in paragraph (d) (e). 
 10.14     (b) The uniform provider identification number (UPIN) 
 10.15  assigned by the Health Care Financing Administration The first 
 10.16  eight digits of the national provider identifier maintained by 
 10.17  the federal Health Care Financing Administration's national 
 10.18  provider system shall be used as the unique identification 
 10.19  number for individual health care providers.  Providers who do 
 10.20  not currently have a UPIN number shall request one from the 
 10.21  health care financing administration. 
 10.22     (c) Individual providers required to have a national 
 10.23  provider identifier are:  
 10.24     (1) physicians licensed under chapter 147; 
 10.25     (2) dentists licensed under chapter 150; 
 10.26     (3) chiropractors licensed under chapter 148; 
 10.27     (4) podiatrists licensed under chapter 153; 
 10.28     (5) physician assistants as defined under section 147.34; 
 10.29     (6) advanced practice nurses as defined under section 
 10.30  62A.15; 
 10.31     (7) doctors of optometry licensed under section 148.57; 
 10.32     (8) individual providers who may bill Medicare for medical 
 10.33  and other health services as defined in United States Code, 
 10.34  title 42, section 1395x(s); and 
 10.35     (9) individual providers who are providers for the medical 
 10.36  assistance program.  Providers shall obtain a national provider 
 11.1   identifier from the federal Health Care Financing Administration 
 11.2   using the Health Care Financing Administration's prescribed 
 11.3   process.  
 11.4      (d) The unique individual health care provider identifier 
 11.5   shall be used for purposes of submitting and receiving claims, 
 11.6   and in conjunction with other data collection and reporting 
 11.7   functions. 
 11.8      (d) (e) The state and federal health care programs 
 11.9   administered by the department of human services shall use the 
 11.10  unique identification number assigned to health care providers 
 11.11  for implementation of the Medicaid Management Information System 
 11.12  or the uniform provider identification number (UPIN) assigned by 
 11.13  the health care financing administration national provider 
 11.14  identifier maintained by the federal Health Care Financing 
 11.15  Administration. 
 11.16     (f) The commissioner of health may become a subscriber to 
 11.17  the federal Health Care Financing Administration's national 
 11.18  provider system to implement this subdivision. 
 11.19     Sec. 7.  Minnesota Statutes 1995 Supplement, section 
 11.20  144.225, subdivision 2a, is amended to read: 
 11.21     Subd. 2a.  [HEALTH DATA ASSOCIATED WITH BIRTH 
 11.22  REGISTRATION.] Information from which an identification of risk 
 11.23  for disease, disability, or developmental delay in a mother or 
 11.24  child can be made, that is collected in conjunction with birth 
 11.25  registration or fetal death reporting, is private data as 
 11.26  defined in section 13.02, subdivision 12.  The commissioner may 
 11.27  disclose to a local board of health, as defined in section 
 11.28  145A.02, subdivision 2, health data associated with birth 
 11.29  registration which identifies a mother or child at high risk for 
 11.30  serious disease, disability, or developmental delay in order to 
 11.31  assure access to appropriate health, social, or educational 
 11.32  services.  The commissioner may disclose health data associated 
 11.33  with birth registration to a group purchaser as defined in 
 11.34  section 62J.03, subdivision 6, which has purchased the health 
 11.35  care services provided to the individual about whom the health 
 11.36  data relates. 
 12.1      Sec. 8.  Minnesota Statutes 1994, section 144.225, is 
 12.2   amended by adding a subdivision to read: 
 12.3      Subd. 6.  [GROUP PURCHASER IDENTITY; NONPUBLIC DATA; 
 12.4   DISCLOSURE.] (a) Except as otherwise provided in this 
 12.5   subdivision, the named identity of a group purchaser as defined 
 12.6   in section 62J.03, subdivision 6, collected in association with 
 12.7   birth registration is nonpublic data as defined in section 13.02.
 12.8      (b) The commissioner may publish, or by other means release 
 12.9   to the public, the named identity of a group purchaser as part 
 12.10  of an analysis of information collected from the birth 
 12.11  registration process.  The commissioner shall not reveal the 
 12.12  named identity of the group purchaser until the group purchaser 
 12.13  has had 21 days after receipt of the analysis to review the 
 12.14  analysis and comment on it.  The commissioner shall, in 
 12.15  releasing data under this subdivision, include comments received 
 12.16  from the group purchaser related to the scientific soundness and 
 12.17  statistical validity of the methods used in the analysis.  This 
 12.18  subdivision does not authorize the commissioner to make public 
 12.19  any individual identifying data except as permitted by law.  
 12.20     (c) A group purchaser may contest whether an analysis made 
 12.21  public under paragraph (b) is based on scientifically sound and 
 12.22  statistically valid methods in a contested case proceeding under 
 12.23  sections 14.57 to 14.62, subject to appeal under sections 14.63 
 12.24  to 14.68.  To obtain a contested case hearing, the group 
 12.25  purchaser must present a written request to the commissioner 
 12.26  before the end of the time period for review and comment.  
 12.27  Within ten days of the assignment of an administrative law 
 12.28  judge, the group purchaser must demonstrate by clear and 
 12.29  convincing evidence the group purchaser's likelihood of 
 12.30  succeeding on the merits.  If the judge determines that the 
 12.31  group purchaser has made such a demonstration, the data shall 
 12.32  remain nonpublic during the contested case proceeding and 
 12.33  through appeal.  If the judge finds that the group purchaser has 
 12.34  not made such a demonstration, the commissioner may immediately 
 12.35  publish, or otherwise make public, the nonpublic group purchaser 
 12.36  data, with comments received as set forth in paragraph (b). 
 13.1      (d) The contested case proceeding and subsequent appeal is 
 13.2   not an exclusive remedy and any person may seek a remedy 
 13.3   pursuant to section 13.08, subdivisions 1 to 4, or as otherwise 
 13.4   authorized by law.  The commissioner shall be immune from any 
 13.5   liability arising from the release of nonpublic group purchaser 
 13.6   data in accordance with this subdivision. 
 13.7      Sec. 9.  Minnesota Statutes 1994, section 148B.66, is 
 13.8   amended by adding a subdivision to read: 
 13.9      Subd. 3.  [EXCHANGING INFORMATION.] (a) The office of 
 13.10  mental health practice shall establish internal operating 
 13.11  procedures for: 
 13.12     (1) exchanging information with: 
 13.13     (i) state boards, 
 13.14     (ii) agencies, 
 13.15     (iii) health related and law enforcement facilities, 
 13.16     (iv) departments responsible for licensing health related 
 13.17  occupations, facilities, and programs, and 
 13.18     (v) law enforcement personnel, in this and other states; 
 13.19  and 
 13.20     (2) coordinating investigations involving matters within 
 13.21  the jurisdiction of more than one regulatory agency.  
 13.22     Establishment of the operating procedures shall not be 
 13.23  subject to rulemaking under chapter 14.  
 13.24     (b) The procedures for exchanging information must provide 
 13.25  for the forwarding to: 
 13.26     (1) state boards; 
 13.27     (2) agencies; 
 13.28     (3) health related and law enforcement facilities; 
 13.29     (4) departments responsible for licensing health related 
 13.30  occupations, facilities, and programs; and 
 13.31     (5) law enforcement personnel of all information and 
 13.32  evidence, including the results of investigations, that are 
 13.33  relevant to matters within those organizations' regulatory 
 13.34  jurisdiction.  The data shall have the same classification under 
 13.35  sections 13.01 to 13.88, the government data practices act, in 
 13.36  the hands of the agency receiving the data as it had in the 
 14.1   hands of the agency providing the data.  
 14.2      (c) The office of mental health practice shall establish 
 14.3   procedures for exchanging information with other states 
 14.4   regarding disciplinary action against licensed and unlicensed 
 14.5   mental health practitioners.  
 14.6      (d) The office of mental health practice shall forward to 
 14.7   another governmental agency any complaints received by the 
 14.8   office which do not relate to the office's jurisdiction but 
 14.9   which relate to matters within the jurisdiction of the other 
 14.10  governmental agency.  The agency shall advise the office of 
 14.11  mental health practice of the disposition of the complaint.  A 
 14.12  complaint or other information received by another governmental 
 14.13  agency relating to a statute or rule which the office of mental 
 14.14  health practice is empowered to enforce must be forwarded to the 
 14.15  office to be processed in accordance with this section. 
 14.16     (e) The office of mental health practice shall furnish to a 
 14.17  person who made a complaint a description of the actions of the 
 14.18  office relating to the complaint.  
 14.19     Sec. 10.  Minnesota Statutes 1994, section 148B.69, 
 14.20  subdivision 2, is amended to read: 
 14.21     Subd. 2.  [DISCOVERY; SUBPOENAS.] In all matters relating 
 14.22  to the lawful activities of the office of mental health 
 14.23  practice, the commissioner of health may issue subpoenas and 
 14.24  compel the attendance of witnesses and the production of all 
 14.25  necessary papers, books, records, documents, and other 
 14.26  evidentiary material.  Any person failing or refusing to appear 
 14.27  or testify regarding any matter about which the person may be 
 14.28  lawfully questioned or failing to produce any papers, books, 
 14.29  records, documents, or other evidentiary materials in the matter 
 14.30  to be heard, after having been required by order of the 
 14.31  commissioner or by a subpoena of the commissioner to do so may, 
 14.32  upon application to the district court in any district, be 
 14.33  ordered to comply with the order or subpoena.  The commissioner 
 14.34  of health may administer oaths to witnesses or take their 
 14.35  affirmation.  Depositions may be taken within or without the 
 14.36  state in the manner provided by law for the taking of 
 15.1   depositions in civil actions.  A subpoena or other process or 
 15.2   paper may be served upon a person it names anywhere within the 
 15.3   state by any officer authorized to serve subpoenas or other 
 15.4   process or paper in civil actions, in the same manner as 
 15.5   prescribed by law for service of process issued out of the 
 15.6   district court of this state.  The commissioner may review and 
 15.7   copy arrest and investigative information from: 
 15.8      (1) the bureau of criminal apprehension; 
 15.9      (2) a county attorney, county sheriff, or county agency; 
 15.10     (3) a local chief of police; 
 15.11     (4) another state; 
 15.12     (5) a court; or 
 15.13     (6) a national criminal record repository. 
 15.14     Sec. 11.  Minnesota Statutes 1994, section 148B.70, 
 15.15  subdivision 3, is amended to read: 
 15.16     Subd. 3.  [ADDITIONAL POWERS; CRIMINAL PENALTY.] The 
 15.17  issuance of a cease and desist order or injunctive relief 
 15.18  granted under this section does not relieve a practitioner from 
 15.19  criminal prosecution by a competent authority or from 
 15.20  disciplinary action by the commissioner.  A violation of an 
 15.21  order of the commissioner is a gross misdemeanor. 
 15.22     Sec. 12.  Minnesota Statutes 1995 Supplement, section 
 15.23  268.12, subdivision 12, is amended to read: 
 15.24     Subd. 12.  [INFORMATION.] Except as hereinafter otherwise 
 15.25  provided, data gathered from any employing unit or individual 
 15.26  pursuant to the administration of sections 268.03 to 268.231, 
 15.27  and from any determination as to the benefit rights of any 
 15.28  individual are private data on individuals or nonpublic data not 
 15.29  on individuals as defined in section 13.02, subdivisions 9 and 
 15.30  12, and may not be disclosed except pursuant to this subdivision 
 15.31  or a court order.  These data may be disseminated to and used by 
 15.32  the following agencies without the consent of the subject of the 
 15.33  data:  
 15.34     (a) state and federal agencies specifically authorized 
 15.35  access to the data by state or federal law; 
 15.36     (b) any agency of this or any other state; or any federal 
 16.1   agency charged with the administration of an employment security 
 16.2   law or the maintenance of a system of public employment offices; 
 16.3      (c) local human rights groups within the state which have 
 16.4   enforcement powers; 
 16.5      (d) the department of revenue shall have access to 
 16.6   department of economic security private data on individuals and 
 16.7   nonpublic data not on individuals only to the extent necessary 
 16.8   for enforcement of Minnesota tax laws; 
 16.9      (e) public and private agencies responsible for 
 16.10  administering publicly financed assistance programs for the 
 16.11  purpose of monitoring the eligibility of the program's 
 16.12  recipients; 
 16.13     (f) the department of labor and industry on an 
 16.14  interchangeable basis with the department of economic security 
 16.15  subject to the following limitations and notwithstanding any law 
 16.16  to the contrary:  
 16.17     (1) the department of economic security shall have access 
 16.18  to private data on individuals and nonpublic data not on 
 16.19  individuals for uses consistent with the administration of its 
 16.20  duties under sections 268.03 to 268.231; and 
 16.21     (2) the department of labor and industry shall have access 
 16.22  to private data on individuals and nonpublic data not on 
 16.23  individuals for uses consistent with the administration of its 
 16.24  duties under state law; 
 16.25     (g) the department of trade and economic development may 
 16.26  have access to private data on individual employing units and 
 16.27  nonpublic data not on individual employing units for its 
 16.28  internal use only; when received by the department of trade and 
 16.29  economic development, the data remain private data on 
 16.30  individuals or nonpublic data; 
 16.31     (h) local and state welfare agencies for monitoring the 
 16.32  eligibility of the data subject for assistance programs, or for 
 16.33  any employment or training program administered by those 
 16.34  agencies, whether alone, in combination with another welfare 
 16.35  agency, or in conjunction with the department of economic 
 16.36  security; 
 17.1      (i) local, state, and federal law enforcement agencies for 
 17.2   the sole purpose of ascertaining the last known address and 
 17.3   employment location of the data subject, provided the data 
 17.4   subject is the subject of a criminal investigation; and 
 17.5      (j) the department of health may have access to private 
 17.6   data on individuals and nonpublic data not on individuals solely 
 17.7   for the purposes of epidemiologic investigations; and 
 17.8      (k) contractors of the department of economic security when 
 17.9   access to the private or nonpublic data is necessary for the 
 17.10  performance of the contract.  The contractor shall maintain the 
 17.11  data it receives according to the statutory provisions 
 17.12  applicable to the data.  
 17.13     Data on individuals and employing units which are 
 17.14  collected, maintained, or used by the department in an 
 17.15  investigation pursuant to section 268.18, subdivision 3, are 
 17.16  confidential as to data on individuals and protected nonpublic 
 17.17  data not on individuals as defined in section 13.02, 
 17.18  subdivisions 3 and 13, and shall not be disclosed except 
 17.19  pursuant to statute or court order or to a party named in a 
 17.20  criminal proceeding, administrative or judicial, for preparation 
 17.21  of a defense.  
 17.22     Tape recordings and transcripts of recordings of 
 17.23  proceedings conducted in accordance with section 268.105 and 
 17.24  exhibits received into evidence at those proceedings are private 
 17.25  data on individuals and nonpublic data not on individuals and 
 17.26  shall be disclosed only pursuant to the administration of 
 17.27  section 268.105, or pursuant to a court order.  
 17.28     Aggregate data about employers compiled from individual job 
 17.29  orders placed with the department of economic security are 
 17.30  private data on individuals and nonpublic data not on 
 17.31  individuals as defined in section 13.02, subdivisions 9 and 12, 
 17.32  if the commissioner determines that divulging the data would 
 17.33  result in disclosure of the identity of the employer.  The 
 17.34  general aptitude test battery and the nonverbal aptitude test 
 17.35  battery as administered by the department are also classified as 
 17.36  private data on individuals or nonpublic data.  
 18.1      Data on individuals collected, maintained, or created 
 18.2   because an individual applies for benefits or services provided 
 18.3   by the energy assistance and weatherization programs 
 18.4   administered by the department of economic security is private 
 18.5   data on individuals and shall not be disseminated except 
 18.6   pursuant to section 13.05, subdivisions 3 and 4.  
 18.7      Data gathered by the department pursuant to the 
 18.8   administration of sections 268.03 to 268.231 shall not be made 
 18.9   the subject or the basis for any suit in any civil proceedings, 
 18.10  administrative or judicial, unless the action is initiated by 
 18.11  the department.  
 18.12     Sec. 13.  [REPEALER.] 
 18.13     Minnesota Statutes 1994, sections 13.76, subdivisions 1 and 
 18.14  3; and 13.77, are repealed.