HF 4954

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 02:34pm

A bill for an act
relating to human services; allowing ombudspersons access to the social service
information system; amending Minnesota Statutes 2022, sections 3.9215, by adding
a subdivision; 245.975, subdivision 4; 257.0762, by adding a subdivision; 260C.82,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 3.9215, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Access to records. new text end

new text begin (a) The ombudsperson or designee, excluding volunteers,
has direct access in the ombudsperson's own office to the social service information system
as necessary for the discharge of the ombudsperson's duties, including records classified as
confidential data on individuals or private data on individuals under chapter 13 or any other
law.
new text end

new text begin (b) The ombudsperson and designees must adhere to the Minnesota Government Data
Practices Act and must not disseminate any private or confidential data on individuals unless
specifically authorized by state, local, or federal law or pursuant to a court order.
new text end

Sec. 2.

Minnesota Statutes 2022, section 245.975, subdivision 4, is amended to read:

Subd. 4.

Access to records.

(a) The ombudsperson or designee, excluding volunteers,
has access to any data of a state agency necessary for the discharge of the ombudsperson's
duties, including records classified as confidential data on individuals or private data on
individuals under chapter 13 or any other law. The ombudsperson's data request must relate
to a specific case and is subject to section 13.03, subdivision 4. If the data concerns an
individual, the ombudsperson or designee shall first obtain the individual's consent. If the
individual is unable to consent and has no parent or legal guardian, then the ombudsperson's
or designee's access to the data is authorized by this section.

(b) new text begin The ombudsperson or designee, excluding volunteers, has direct access in the
ombudsperson's own office to the social service information system as necessary for the
discharge of the ombudsperson's duties, including records classified as confidential data on
individuals or private data on individuals under chapter 13 or any other law.
new text end

new text begin (c) new text end The ombudsperson and designees must adhere to the Minnesota Government Data
Practices Act and must not disseminate any private or confidential data on individuals unless
specifically authorized by state, local, or federal law or pursuant to a court order.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner and any county agency must provide the ombudsperson copies
of all fix-it tickets, correction orders, and licensing actions issued to family child care
providers.

Sec. 3.

Minnesota Statutes 2022, section 257.0762, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Access to records. new text end

new text begin (a) Each ombudsperson or designee, excluding volunteers,
has direct access in the ombudsperson's own office to the social service information system
as necessary for the discharge of the ombudsperson's duties, including records classified as
confidential data on individuals or private data on individuals under chapter 13 or any other
law.
new text end

new text begin (b) Each ombudsperson and designee must adhere to the Minnesota Government Data
Practices Act and must not disseminate any private or confidential data on individuals unless
specifically authorized by state, local, or federal law or pursuant to a court order.
new text end

Sec. 4.

Minnesota Statutes 2022, section 260C.82, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Access to records. new text end

new text begin (a) The ombudsperson or designee, excluding volunteers,
has direct access in the ombudsperson's own office to the social service information system
as necessary for the discharge of the ombudsperson's duties, including records classified as
confidential data on individuals or private data on individuals under chapter 13 or any other
law.
new text end

new text begin (b) The ombudsperson and designees must adhere to the Minnesota Government Data
Practices Act and must not disseminate any private or confidential data on individuals unless
specifically authorized by state, local, or federal law or pursuant to a court order.
new text end