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HF 3689

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/23/2018 03:09pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to health; making changes to birth defect information system; amending
Minnesota Statutes 2016, sections 144.2215, subdivision 1; 144.2216, subdivision
4.

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

Section 1.

Minnesota Statutes 2016, section 144.2215, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

The commissioner of health shall establish and maintain
an information system containing data on the cause, treatment, prevention, and cure of major
birth defects. The commissioner shall consult with representatives and experts in
epidemiology, medicine, insurance, health maintenance organizations, genetics, consumers,
and voluntary organizations in developing the system and may phase in the implementation
of the system.new text begin Sections 144.2215 to 144.2219 apply to birth defects that develop during
pregnancy and:
new text end

new text begin (1) result in live births; or
new text end

new text begin (2) result in fetal deaths, reportable under section 144.222.
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.2216, subdivision 4, is amended to read:


Subd. 4.

Opt out.

A parent or legal guardian must be informed by the commissioner at
the time of the initial data collection that they may request removal at any time of personal
identifying information concerning a child from the birth defects information system using
a written form prescribed by the commissioner. The commissioner shall advise parents or
legal guardians deleted text begin of infantsdeleted text end :

(1) that the information on birth defects may be retained by the Department of Health;

(2) new text begin of new text end the benefit new text begin and privacy implicationsnew text end of retaining birth defects records;

(3) that they may elect to have the birth defects information collected once, within one
year of birthnew text begin or fetal death, as defined in section 144.222new text end , but to require that all personally
identifying information be destroyed immediately upon the commissioner receiving the
information. If the parents deleted text begin of an infantdeleted text end new text begin or legal guardiansnew text end object in writing to the maintaining
of birth defects information, the objection or election shall be recorded on a form that is
signed by a parent or legal guardian and submitted to the commissioner of health; and

(4) that if the parent or legal guardian chooses to opt-out, the commissioner will not be
able to inform the parent or legal guardian deleted text begin of a childdeleted text end of information related to the prevention,
treatment, or cause of a particular birth defect.