HF 4125

as introduced - 90th Legislature (2017 - 2018) Posted on 03/21/2018 12:02pm

A bill for an act
relating to civil law; making changes to statutory provisions affecting older and
vulnerable adults by modifying data practices provisions; amending Minnesota
Statutes 2016, sections 144.291, subdivision 2; 626.557, subdivision 12b.

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

Section 1.

Minnesota Statutes 2016, section 144.291, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For the purposes of sections 144.291 to 144.298, the following
terms have the meanings given.

(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

(b) "Health information exchange" means a legal arrangement between health care
providers and group purchasers to enable and oversee the business and legal issues involved
in the electronic exchange of health records between the entities for the delivery of patient
care.

(c) "Health record" means any information, whether oral or recorded in any form or
medium, that relates to the past, present, or future physical or mental health or condition of
a patient; the provision of health care to a patient; or the past, present, or future payment
for the provision of health care to a patient.

(d) "Identifying information" means the patient's name, address, date of birth, gender,
parent's or guardian's name regardless of the age of the patient, and other nonclinical data
which can be used to uniquely identify a patient.

(e) "Individually identifiable form" means a form in which the patient is or can be
identified as the subject of the health records.

(f) "Medical emergency" means medically necessary care which is immediately needed
to preserve life, prevent serious impairment to bodily functions, organs, or parts, or prevent
placing the physical or mental health of the patient in serious jeopardy.

(g) "Patient" means new text begin :
new text end

new text begin (1) new text end a natural person who has received health care services from a provider for treatment
or examination of a medical, psychiatric, or mental condition deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end the surviving spouse new text begin , children, sibling, guardian, conservator, new text end and parents of a
deceased patient, deleted text begin or deleted text end new text begin unless the authority of the surviving spouse, children, sibling, guardian,
conservator, or parents has been restricted by either a court or the deceased person who
received health care services;
new text end

new text begin (3) new text end a person the patient appoints in writing as a representative, including a health care
agent acting according to chapter 145C, unless the authority of the agent has been limited
by the principal in the principal's health care directive deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) new text end except for minors who have received health care services under sections 144.341 to
144.347, in the case of a minor, patient includes a parent or guardian, or a person acting as
a parent or guardian in the absence of a parent or guardian.

(h) "Patient information service" means a service providing the following query options:
a record locator service as defined in paragraph (j) or a master patient index or clinical data
repository as defined in section 62J.498, subdivision 1.

(i) "Provider" means:

(1) any person who furnishes health care services and is regulated to furnish the services
under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148D, 148F, 150A, 151, 153, or
153A;

(2) a home care provider licensed under section 144A.471;

(3) a health care facility licensed under this chapter or chapter 144A; and

(4) a physician assistant registered under chapter 147A.

(j) "Record locator service" means an electronic index of patient identifying information
that directs providers in a health information exchange to the location of patient health
records held by providers and group purchasers.

(k) "Related health care entity" means an affiliate, as defined in section 144.6521,
subdivision 3, paragraph (b), of the provider releasing the health records.

Sec. 2.

Minnesota Statutes 2016, section 626.557, subdivision 12b, is amended to read:

Subd. 12b.

Data management.

(a) In performing any of the duties of this section as a
lead investigative agency, the county social service agency shall maintain appropriate
records. Data collected by the county social service agency under this section are welfare
data under section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data
under this paragraph that are inactive investigative data on an individual who is a vendor
of services are private data on individuals, as defined in section 13.02. The identity of the
reporter may only be disclosed as provided in paragraph deleted text begin (c) deleted text end new text begin (g) new text end .

new text begin (b) new text end Data maintained by the common entry point are deleted text begin confidential deleted text end new text begin private new text end data on
individuals or deleted text begin protected deleted text end nonpublic data as defined in section 13.02. Notwithstanding section
138.163, the common entry point shall maintain data for three calendar years after date of
receipt and then destroy the data unless otherwise directed by federal requirements.

deleted text begin (b) deleted text end new text begin (c) new text end The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section. County
social service agencies must maintain private data on individuals but are not required to
prepare an investigation memorandum. During an investigation by the commissioner of
health or the commissioner of human services, data collected under this section are
confidential data on individuals or protected nonpublic data as defined in section 13.02 new text begin ,
provided that data may be shared with the vulnerable adult or the vulnerable adult's interested
person if both commissioners determine that sharing of the data is needed to protect the
vulnerable adult new text end . Upon completion of the investigation, the data are classified as provided
in deleted text begin clauses (1) to (3) and paragraph (c) deleted text end new text begin paragraphs (d) to (g) new text end .

deleted text begin (1) deleted text end new text begin (d) new text end The investigation memorandum must contain the following data, which are public:

deleted text begin (i) deleted text end new text begin (1) new text end the name of the facility investigated;

deleted text begin (ii) deleted text end new text begin (2) new text end a statement of the nature of the alleged maltreatment;

deleted text begin (iii) deleted text end new text begin (3) new text end pertinent information obtained from medical or other records reviewed;

deleted text begin (iv) deleted text end new text begin (4) new text end the identity of the investigator;

deleted text begin (v) deleted text end new text begin (5) new text end a summary of the investigation's findings;

deleted text begin (vi) deleted text end new text begin (6) new text end statement of whether the report was found to be substantiated, inconclusive,
false, or that no determination will be made;

deleted text begin (vii) deleted text end new text begin (7) new text end a statement of any action taken by the facility;

deleted text begin (viii) deleted text end new text begin (8) new text end a statement of any action taken by the lead investigative agency; and

deleted text begin (ix) deleted text end new text begin (9) new text end when a lead investigative agency's determination has substantiated maltreatment,
a statement of whether an individual, individuals, or a facility were responsible for the
substantiated maltreatment, if known.

The investigation memorandum must be written in a manner which protects the identity
of the reporter and of the vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data new text begin or individuals new text end listed in deleted text begin clause (2) deleted text end new text begin paragraph (e) new text end .

deleted text begin (2) deleted text end new text begin (e) new text end Data on individuals collected and maintained in the investigation memorandum
are private data new text begin on individuals new text end , including:

deleted text begin (i) deleted text end new text begin (1) new text end the name of the vulnerable adult;

deleted text begin (ii) deleted text end new text begin (2) new text end the identity of the individual alleged to be the perpetrator;

deleted text begin (iii) deleted text end new text begin (3) new text end the identity of the individual substantiated as the perpetrator; and

deleted text begin (iv) deleted text end new text begin (4) new text end the identity of all individuals interviewed as part of the investigation.

deleted text begin (3) deleted text end new text begin (f) new text end Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.

deleted text begin (c) deleted text end new text begin (g) new text end After the assessment or investigation is completed, the name of the reporter must
be confidential deleted text begin . deleted text end new text begin , except:
new text end

new text begin (1) new text end the subject of the report may compel disclosure of the name of the reporter only with
the consent of the reporter deleted text begin or deleted text end new text begin ;
new text end

new text begin (2) new text end upon a written finding by a court that the report was false and there is evidence that
the report was made in bad faith new text begin ; or
new text end

new text begin (3) the mandated reporter may self-disclose to support a claim of retaliation that is
prohibited under law, including under sections 144.651, subdivision 34, and 626.557,
subdivisions 4a and 17 new text end .

This subdivision does not alter disclosure responsibilities or obligations under the Rules
of Criminal Procedure, except that where the identity of the reporter is relevant to a criminal
prosecution, the district court shall do an in-camera review prior to determining whether to
order disclosure of the identity of the reporter.

deleted text begin (d) deleted text end new text begin (h) new text end Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services must be maintained under the following
schedule and then destroyed unless otherwise directed by federal requirements:

(1) data from reports determined to be false, maintained for three years after the finding
was made;

(2) data from reports determined to be inconclusive, maintained for four years after the
finding was made;

(3) data from reports determined to be substantiated, maintained for seven years after
the finding was made; and

(4) data from reports which were not investigated by a lead investigative agency and for
which there is no final disposition, maintained for three years from the date of the report.

deleted text begin (e) deleted text end new text begin (i) new text end The commissioners of health and human services shall annually publish on their
Web sites the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigation under this section,
and the resolution of those investigations. On a biennial basis, the commissioners of health
and human services shall jointly report the following information to the legislature and the
governor:

(1) the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigations under this section,
the resolution of those investigations, and which of the two lead agencies was responsible;

(2) trends about types of substantiated maltreatment found in the reporting period;

(3) if there are upward trends for types of maltreatment substantiated, recommendations
for addressing and responding to them;

(4) efforts undertaken or recommended to improve the protection of vulnerable adults;

(5) whether and where backlogs of cases result in a failure to conform with statutory
time frames and recommendations for reducing backlogs if applicable;

(6) recommended changes to statutes affecting the protection of vulnerable adults; and

(7) any other information that is relevant to the report trends and findings.

deleted text begin (f) deleted text end new text begin (j) new text end Each lead investigative agency must have a record retention policy.

deleted text begin (g) deleted text end new text begin (k) new text end Lead investigative agencies, prosecuting authorities, and law enforcement agencies
may exchange not public data, as defined in section 13.02, if the agency or authority
requesting the data determines that the data are pertinent and necessary to the requesting
agency in initiating, furthering, or completing an investigation under this section. Data
collected under this section must be made available to prosecuting authorities and law
enforcement officials, local county agencies, and licensing agencies investigating the alleged
maltreatment under this section. deleted text begin The lead investigative agency shall exchange not public
data with the vulnerable adult maltreatment review panel established in section 256.021 if
the data are pertinent and necessary for a review requested under that section. deleted text end
Notwithstanding section 138.17, upon completion of the review, not public data received
by the review panel must be destroyed.

deleted text begin (h) deleted text end new text begin (l) new text end Each lead investigative agency shall keep records of the length of time it takes to
complete its investigations.

deleted text begin (i) deleted text end new text begin (m) Notwithstanding paragraph (a) or (b), new text end a lead investigative agency may new text begin share
common entry point or investigative data and may new text end notify other affected parties new text begin , including
the vulnerable adult new text end and their authorized representative new text begin , new text end if the lead investigative agency has
reason to believe maltreatment has occurred and determines the information will safeguard
the well-being of the affected parties or dispel widespread rumor or unrest in the affected
facility.

deleted text begin (j) deleted text end new text begin (n) new text end Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead investigative agency may
not provide any notice unless the vulnerable adult has consented to disclosure in a manner
which conforms to federal requirements.