HF 4223

as introduced - 90th Legislature (2017 - 2018) Posted on 03/26/2018 02:41pm

A bill for an act
relating to health; authorizing private rights of action for failing to release patient
health information or health records and for violations of the patient bill of rights;
amending Minnesota Statutes 2016, section 144.651, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.299] CIVIL REMEDIES.
new text end

new text begin (a) A patient shall have a private right of action against a provider who:
new text end

new text begin (1) fails to provide the patient with access to information when the patient so requests
under section 144.292, subdivision 2;
new text end

new text begin (2) fails to provide the patient or a third party with copies of health records when the
patient so requests under section 144.292, subdivision 5 or 7; or
new text end

new text begin (3) fails to furnish the patient's health record to another provider when the patient so
requests under section 144.293, subdivision 3.
new text end

new text begin (b) The court may award the following damages to a prevailing plaintiff from a person
found liable under this section:
new text end

new text begin (1) general and special damages, including all financial losses due to a violation of
section 144.292, subdivision 2, 5, or 7, or 144.293, subdivision 3;
new text end

new text begin (2) a civil penalty awarded to the plaintiff in an amount up to $10,000 per day for each
violation of section 144.292, subdivision 2, 5, or 7, or 144.293, subdivision 3, in which the
provider consciously and intentionally fails to, or is recklessly indifferent regarding the
obligation to, provide information or release health records; and
new text end

new text begin (3) court costs, fees, and reasonable attorney fees.
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.651, is amended by adding a subdivision to
read:

new text begin Subd. 34. new text end

new text begin Private right of action. new text end

new text begin A patient or resident shall have a private right of
action against a health care provider or health care facility governed by this section if the
health care provider or health care facility violates the standards, duties, prohibitions, or
requirements of this section. The court may award the following damages to a prevailing
plaintiff from a person found liable under this section:
new text end

new text begin (1) general and special damages, including all financial losses due to a violation of this
section;
new text end

new text begin (2) a civil penalty awarded to the plaintiff in an amount up to $10,000 per day, for each
violation of this section, in which the provider consciously and intentionally fails to, or is
recklessly indifferent regarding the obligation to, comply with this section; and
new text end

new text begin (3) court costs, fees, and reasonable attorney fees.
new text end