HF 556

3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; permitting health data institute 
  1.3             access to certain data; defining terms for vital 
  1.4             statistics; modifying lead inspection provisions; 
  1.5             modifying provisions for unique identifiers for health 
  1.6             care providers, group purchasers, and patients; 
  1.7             modifying birth data provisions; limiting access to 
  1.8             certified copies of birth and death certificates; 
  1.9             requiring standardized format for birth and death 
  1.10            certificates; providing for recording and reporting of 
  1.11            abortion data; amending Minnesota Statutes 1996, 
  1.12            sections 62J.451, subdivision 6c; 62J.54; 144.212, by 
  1.13            adding subdivisions; 144.215, by adding subdivisions; 
  1.14            144.225, by adding subdivisions; 144.9504, subdivision 
  1.15            2; and 145.411, by adding a subdivision; proposing 
  1.16            coding for new law in Minnesota Statutes, chapter 145. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1996, section 62J.451, 
  1.19  subdivision 6c, is amended to read: 
  1.20     Subd. 6c.  [PROVIDER ORGANIZATION PERFORMANCE 
  1.21  MEASUREMENT.] (a) As part of the performance measurement plan 
  1.22  specified in subdivision 6, the health data institute shall 
  1.23  develop a mechanism to assess the performance of hospitals and 
  1.24  other provider organizations, and to disseminate this 
  1.25  information to consumers, purchasers, policymakers, and other 
  1.26  interested parties, consistent with the data policies specified 
  1.27  in section 62J.452.  Data to be collected may include structural 
  1.28  characteristics including staff-mix and nurse-patient ratios.  
  1.29  In selecting additional data for collection, the health data 
  1.30  institute may consider: 
  1.31     (1) feasibility and statistical validity of the indicator; 
  2.1      (2) purchaser and public demand for the indicator; 
  2.2      (3) estimated expense of collecting and reporting the 
  2.3   indicator; and 
  2.4      (4) usefulness of the indicator for internal improvement 
  2.5   purposes. 
  2.6      (b) The health data institute may conduct consumer surveys 
  2.7   that focus on health care provider organizations.  Health care 
  2.8   provider organizations may provide roster data, as defined in 
  2.9   subdivision 2, including names, addresses, and telephone numbers 
  2.10  of their patients, to the health data institute for purposes of 
  2.11  conducting the surveys.  Roster data provided by health care 
  2.12  provider organizations under this paragraph are private data on 
  2.13  individuals as defined in section 13.02, subdivision 12.  
  2.14  Providing data under this paragraph does not constitute a 
  2.15  release of health records for purposes of section 144.335, 
  2.16  subdivision 3a. 
  2.17     Sec. 2.  Minnesota Statutes 1996, section 62J.54, is 
  2.18  amended to read: 
  2.19     62J.54 [IDENTIFICATION AND IMPLEMENTATION OF UNIQUE 
  2.20  IDENTIFIERS.] 
  2.21     Subdivision 1.  [UNIQUE IDENTIFICATION NUMBER FOR HEALTH 
  2.22  CARE PROVIDER ORGANIZATIONS.] (a) On and after January 1, 
  2.23  1998 Not later than 24 months after the date on which a unique 
  2.24  health identifier for health care providers is adopted or 
  2.25  established under sections 1171 to 1179 of Public Law Number 
  2.26  104-191, 110 Statutes at Large 1936, all group purchasers and 
  2.27  health care providers in Minnesota shall use a unique 
  2.28  identification number to identify health care provider 
  2.29  organizations, except as provided in paragraph (e) (b). 
  2.30     (b) Small health plans, as defined by the federal Secretary 
  2.31  of Health and Human Services under section 1175 of Public Law 
  2.32  Number 104-191, 110 Statutes at Large 1936, shall use a unique 
  2.33  identification number to identify health provider organizations 
  2.34  no later than 36 months after the date on which a unique health 
  2.35  identifier for health care providers is adopted or established 
  2.36  under sections 1171 to 1179 of Public Law Number 104-191, 110 
  3.1   Statutes at Large 1936. 
  3.2      (c) The first eight digits of the national provider 
  3.3   identifier maintained by the federal Health Care Financing 
  3.4   Administration unique health identifier for health care 
  3.5   providers adopted or established by the federal Secretary of 
  3.6   Health and Human Services under sections 1171 to 1179 of Public 
  3.7   Law Number 104-191, 110 Statutes at Large 1936 (1996 and 
  3.8   subsequent amendments), shall be used as the unique 
  3.9   identification number for health care provider organizations. 
  3.10     (c) (d) Provider organizations required to have a national 
  3.11  provider unique health identifier are:  
  3.12     (1) hospitals licensed under chapter 144; 
  3.13     (2) nursing homes and hospices licensed under chapter 144A; 
  3.14     (3) subacute care facilities; 
  3.15     (4) individual providers organized as a clinic or group 
  3.16  practice; 
  3.17     (5) independent laboratory, pharmacy, surgery, radiology, 
  3.18  or outpatient facilities; 
  3.19     (6) ambulance services licensed under chapter 144; and 
  3.20     (7) special transportation services certified under chapter 
  3.21  174; and 
  3.22     (8) other provider organizations as required by the federal 
  3.23  Secretary of Health and Human Services under sections 1171 to 
  3.24  1179 of Public Law Number 104-191, 110 Statutes at Large 1936 
  3.25  (1996 and subsequent amendments).  
  3.26     Provider organizations shall obtain a national provider 
  3.27  unique health identifier from the federal Health Care Financing 
  3.28  Administration Secretary of Health and Human Services using the 
  3.29  federal Health Care Financing Administration's prescribed 
  3.30  process prescribed by the Secretary. 
  3.31     (d) (e) Only the unique health care provider organization 
  3.32  identifier shall be used for purposes of submitting and 
  3.33  receiving claims, and in conjunction with other data collection 
  3.34  and reporting functions. 
  3.35     (e) The state and federal health care programs administered 
  3.36  by the department of human services shall use the unique 
  4.1   identification number assigned to health care providers for 
  4.2   implementation of the Medicaid Management Information System or 
  4.3   the national provider identifier maintained by the federal 
  4.4   Health Care Financing Administration. 
  4.5      (f) The commissioner of health may become a subscriber to 
  4.6   contract with the federal Health Care Financing Administration's 
  4.7   national provider system Secretary of Health and Human Services 
  4.8   or the Secretary's agent to implement this subdivision. 
  4.9      Subd. 2.  [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL 
  4.10  HEALTH CARE PROVIDERS.] (a) On and after January 1, 1998 Not 
  4.11  later than 24 months after the date on which a unique health 
  4.12  identifier for health care providers is adopted or established 
  4.13  under sections 1171 to 1179 of Public Law Number 104-191, 110 
  4.14  Statutes at Large 1936, all group purchasers and health care 
  4.15  providers in Minnesota shall use a unique identification number 
  4.16  to identify an individual health care provider, except as 
  4.17  provided in paragraph (e) (b). 
  4.18     (b) Small health plans, as defined by the federal Secretary 
  4.19  of Health and Human Services under section 1175 of Public Law 
  4.20  Number 104-191, 110 Statutes at Large 1936, shall use a unique 
  4.21  identification number to identify an individual health care 
  4.22  provider no later than 36 months after the date on which a 
  4.23  unique health identifier for health care providers is adopted or 
  4.24  established under sections 1171 to 1179 of Public Law Number 
  4.25  104-191, 110 Statutes at Large 1936. 
  4.26     (c) The first eight digits of the national provider 
  4.27  identifier maintained by the federal Health Care Financing 
  4.28  Administration's national provider system unique health 
  4.29  identifier for health care providers adopted or established by 
  4.30  the federal Secretary of Health and Human Services under 
  4.31  sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
  4.32  at Large 1936 (1996 and subsequent amendments), shall be used as 
  4.33  the unique identification number for individual health care 
  4.34  providers.  
  4.35     (c) (d) Individual providers required to have a national 
  4.36  provider unique health identifier are:  
  5.1      (1) physicians licensed under chapter 147; 
  5.2      (2) dentists licensed under chapter 150A; 
  5.3      (3) chiropractors licensed under chapter 148; 
  5.4      (4) podiatrists licensed under chapter 153; 
  5.5      (5) physician assistants as defined under section 147A.01; 
  5.6      (6) advanced practice nurses as defined under section 
  5.7   62A.15; 
  5.8      (7) doctors of optometry licensed under section 148.57; 
  5.9      (8) pharmacists licensed under chapter 151; 
  5.10     (8) (9) individual providers who may bill Medicare for 
  5.11  medical and other health services as defined in United States 
  5.12  Code, title 42, section 1395x(s); and 
  5.13     (9) (10) individual providers who are providers for state 
  5.14  and federal health care programs administered by the 
  5.15  commissioner of human services; and 
  5.16     (11) other individual providers as required by the federal 
  5.17  Secretary of Health and Human Services under sections 1171 to 
  5.18  1179 of Public Law Number 104-191, 110 Statutes at Large 1936 
  5.19  (1996 and subsequent amendments). 
  5.20     Providers shall obtain a national provider unique health 
  5.21  identifier from the federal Health Care Financing Administration 
  5.22  Secretary of Health and Human Services using the Health Care 
  5.23  Financing Administration's prescribed process prescribed by the 
  5.24  Secretary.  
  5.25     (d) (e) Only the unique individual health care provider 
  5.26  identifier shall be used for purposes of submitting and 
  5.27  receiving claims, and in conjunction with other data collection 
  5.28  and reporting functions. 
  5.29     (e) The state and federal health care programs administered 
  5.30  by the department of human services shall use the unique 
  5.31  identification number assigned to health care providers for 
  5.32  implementation of the Medicaid Management Information System or 
  5.33  the national provider identifier maintained by the federal 
  5.34  Health Care Financing Administration. 
  5.35     (f) The commissioner of health may become a subscriber to 
  5.36  contract with the federal Health Care Financing Administration's 
  6.1   national provider system Secretary of Health and Human Services 
  6.2   or the Secretary's agent to implement this subdivision. 
  6.3      Subd. 3.  [UNIQUE IDENTIFICATION NUMBER FOR GROUP 
  6.4   PURCHASERS.] (a) On and after January 1, 1998 Not later than 24 
  6.5   months after the date on which a unique health identifier for 
  6.6   employers and health plans is adopted or established under 
  6.7   sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
  6.8   at Large 1936, all group purchasers and health care providers in 
  6.9   Minnesota shall use a unique identification number to identify 
  6.10  group purchasers, except as provided in paragraph (b). 
  6.11     (b) Small health plans, as defined by the federal Secretary 
  6.12  of Health and Human Services under section 1175 of Public Law 
  6.13  Number 104-191, 110 Statutes at Large 1936, shall use a unique 
  6.14  identification number to identify group purchasers no later than 
  6.15  36 months after the date on which a unique health identifier for 
  6.16  employers and health plans is adopted or established under 
  6.17  sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
  6.18  at Large 1936.  
  6.19     (c) The payer identification number assigned for the 
  6.20  federal Health Care Financing Administration's PAYERID system 
  6.21  unique health identifier for health plans and employers adopted 
  6.22  or established by the federal Secretary of Health and Human 
  6.23  Services under sections 1171 to 1179 of Public Law Number 
  6.24  104-191, 110 Statutes at Large 1936 (1996 and subsequent 
  6.25  amendments), shall be used as the unique identification number 
  6.26  for group purchasers.  
  6.27     (c) (d) Group purchasers shall obtain a payer unique health 
  6.28  identifier number from the federal Health Care Financing 
  6.29  Administration Secretary of Health and Human Services using 
  6.30  the Health Care Financing Administration's prescribed 
  6.31  process prescribed by the Secretary. 
  6.32     (d) (e) The unique group purchaser identifier, as described 
  6.33  in this section, shall be used for purposes of submitting and 
  6.34  receiving claims, and in conjunction with other data collection 
  6.35  and reporting functions. 
  6.36     (e) (f) The commissioner of health may become a registry 
  7.1   user to contract with the federal Health Care Financing 
  7.2   Administration's PAYERID system Secretary of Health and Human 
  7.3   Services or the Secretary's agent to implement this subdivision. 
  7.4      Subd. 4.  [UNIQUE PATIENT IDENTIFICATION NUMBER.] (a) On 
  7.5   and after January 1, 1998 Not later than 24 months after the 
  7.6   date on which a unique health identifier for individuals is 
  7.7   adopted or established under sections 1171 to 1179 of Public Law 
  7.8   Number 104-191, 110 Statutes at Large 1936, all group purchasers 
  7.9   and health care providers in Minnesota shall use a unique 
  7.10  identification number to identify each patient who receives 
  7.11  health care services in Minnesota, except as provided in 
  7.12  paragraph (e) (b). 
  7.13     (b) Except as provided in paragraph (d), following the 
  7.14  recommendation of the workgroup for electronic data interchange, 
  7.15  the social security number of the patient Small health plans, as 
  7.16  defined by the federal Secretary of Health and Human Services 
  7.17  under section 1175 of Public Law Number 104-191, 110 Statutes at 
  7.18  Large 1936, shall use a unique identification number to identify 
  7.19  each patient who receives health care services in Minnesota no 
  7.20  later than 36 months after the date on which a unique health 
  7.21  identifier for individuals is adopted or established under 
  7.22  sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
  7.23  at Large 1936. 
  7.24     (c) The unique health identifier for individuals adopted or 
  7.25  established by the federal Secretary of Health and Human 
  7.26  Services under sections 1171 to 1179 of Public Law Number 
  7.27  104-191, 110 Statutes at Large 1936 (1996 and subsequent 
  7.28  amendments), shall be used as the unique patient identification 
  7.29  number, except as provided in paragraphs (e) and (f). 
  7.30     (c) (d) The unique patient identification number shall be 
  7.31  used by group purchasers and health care providers for purposes 
  7.32  of submitting and receiving claims, and in conjunction with 
  7.33  other data collection and reporting functions. 
  7.34     (d) The commissioner shall develop an alternate numbering 
  7.35  system for patients who do not have or refuse to provide a 
  7.36  social security number.  This provision does not require that 
  8.1   patients provide their social security numbers and does not 
  8.2   require group purchasers or providers to demand that patients 
  8.3   provide their social security numbers.  Group purchasers and 
  8.4   health care providers shall establish procedures to notify 
  8.5   patients that they can elect not to have their social security 
  8.6   number used as the unique patient identification number. 
  8.7      (e) Within the limits of appropriations, the commissioner 
  8.8   shall develop an alternate numbering system for patients who do 
  8.9   not have or refuse to provide their social security numbers, if: 
  8.10     (1) a unique health identifier for individuals is adopted 
  8.11  or established under sections 1171 to 1179 of Public Law Number 
  8.12  104-191, 110 Statutes at Large 1936; 
  8.13     (2) the unique health identifier is the social security 
  8.14  number of the patient; 
  8.15     (3) there is no federal alternate numbering system for 
  8.16  patients who do not have or refuse to provide their social 
  8.17  security numbers; and 
  8.18     (4) federal law or the federal Secretary of Health and 
  8.19  Human Services explicitly allows a state to develop an alternate 
  8.20  numbering system for patients who do not have or refuse to 
  8.21  provide their social security numbers. 
  8.22     (f) If an alternate numbering system is developed under 
  8.23  paragraph (e), patients who use numbers issued by the alternate 
  8.24  numbering system are not required to provide their social 
  8.25  security numbers and group purchasers or providers may not 
  8.26  demand the social security numbers of patients who provide 
  8.27  numbers issued by the alternate numbering system.  If an 
  8.28  alternate numbering system is developed under paragraph (e), 
  8.29  group purchasers and health care providers shall establish 
  8.30  procedures to notify patients that they can elect not to have 
  8.31  their social security number used as the unique patient 
  8.32  identifier. 
  8.33     (e) (g) The state and federal health care programs 
  8.34  administered by the department of human services shall use the 
  8.35  unique person master index (PMI) identification number assigned 
  8.36  to clients participating in programs administered by the 
  9.1   department of human services.  The commissioner of health may 
  9.2   contract with the federal Secretary of Health and Human Services 
  9.3   or the Secretary's agent to implement this subdivision. 
  9.4      Sec. 3.  Minnesota Statutes 1996, section 144.212, is 
  9.5   amended by adding a subdivision to read: 
  9.6      Subd. 1a.  [AMENDMENT.] "Amendment" means completion or 
  9.7   correction of a vital record. 
  9.8      Sec. 4.  Minnesota Statutes 1996, section 144.212, is 
  9.9   amended by adding a subdivision to read: 
  9.10     Subd. 2a.  [DELAYED REGISTRATION.] "Delayed registration" 
  9.11  means registration of a certificate of birth or death filed one 
  9.12  or more years after the date established by law for filing a 
  9.13  certificate of birth or death. 
  9.14     Sec. 5.  Minnesota Statutes 1996, section 144.212, is 
  9.15  amended by adding a subdivision to read: 
  9.16     Subd. 4a.  [INSTITUTION.] "Institution" means a public or 
  9.17  private establishment that: 
  9.18     (1) provides inpatient or outpatient medical, surgical, or 
  9.19  diagnostic care or treatment; or 
  9.20     (2) provides nursing, custodial, or domiciliary care, or to 
  9.21  which persons are committed by law. 
  9.22     Sec. 6.  Minnesota Statutes 1996, section 144.215, is 
  9.23  amended by adding a subdivision to read: 
  9.24     Subd. 5.  [BIRTHS OCCURRING IN AN INSTITUTION.] When a 
  9.25  birth occurs in an institution or en route to an institution, 
  9.26  the person in charge of the institution or that person's 
  9.27  authorized designee shall obtain the personal data required 
  9.28  under this section and shall prepare the certificate of birth.  
  9.29  For purposes of this section, "institution" means a hospital or 
  9.30  other facility that provides childbirth services. 
  9.31     Sec. 7.  Minnesota Statutes 1996, section 144.215, is 
  9.32  amended by adding a subdivision to read: 
  9.33     Subd. 6.  [BIRTHS OCCURRING OUTSIDE AN INSTITUTION.] When a 
  9.34  birth occurs outside of an institution as defined in subdivision 
  9.35  5, the certificate of birth shall be prepared and filed by one 
  9.36  of the following persons, in the indicated order of preference: 
 10.1      (1) the physician present at the time of the birth or 
 10.2   immediately thereafter; 
 10.3      (2) in the absence of a physician, a person present at the 
 10.4   time of the birth or immediately thereafter; 
 10.5      (3) the father or mother of the child; or 
 10.6      (4) in the absence of the father and if the mother is 
 10.7   unable, the person with primary responsibility for the premises 
 10.8   where the child was born. 
 10.9      Sec. 8.  Minnesota Statutes 1996, section 144.215, is 
 10.10  amended by adding a subdivision to read: 
 10.11     Subd. 7.  [EVIDENCE REQUIRED TO REGISTER A NONINSTITUTION 
 10.12  BIRTH WITHIN THE FIRST YEAR OF BIRTH.] When a birth occurs in 
 10.13  this state outside of an institution, as defined in subdivision 
 10.14  5, and the birth certificate is filed before the first birthday, 
 10.15  evidence in support of the facts of birth shall be required when 
 10.16  neither the state nor local registrar has personal knowledge 
 10.17  regarding the facts of birth.  Evidence shall be presented by 
 10.18  the individual responsible for filing the certificate under 
 10.19  subdivision 6.  Evidence shall consist of proof that the child 
 10.20  was born alive, proof of pregnancy, or evidence of the mother's 
 10.21  presence in this state on the date of the birth.  If the 
 10.22  evidence is not acceptable, the state registrar shall advise the 
 10.23  applicant of the reason for not filing a birth certificate and 
 10.24  shall further advise the applicant of the right of appeal to a 
 10.25  court of competent jurisdiction. 
 10.26     Sec. 9.  Minnesota Statutes 1996, section 144.225, is 
 10.27  amended by adding a subdivision to read: 
 10.28     Subd. 7.  [CERTIFIED COPY OF BIRTH OR DEATH 
 10.29  CERTIFICATE.] The state or local registrar shall issue a 
 10.30  certified copy of a birth or death certificate to an individual 
 10.31  upon the individual's proper completion of an affidavit provided 
 10.32  by the commissioner: 
 10.33     (1) to a person who has a tangible interest in the 
 10.34  requested certificate.  A person who has a tangible interest is: 
 10.35     (i) the subject of the certificate; 
 10.36     (ii) a child of the subject; 
 11.1      (iii) the spouse of the subject; 
 11.2      (iv) a parent of the subject, unless the parent is a birth 
 11.3   parent whose parental rights have been terminated; 
 11.4      (v) the legal custodian or guardian of the subject; 
 11.5      (vi) a personal representative of the estate of the subject 
 11.6   or a successor of the subject, as defined in section 524.1-201, 
 11.7   if the subject is deceased; 
 11.8      (vii) a representative authorized by a person under clauses 
 11.9   (1) to (3); or 
 11.10     (viii) a person who demonstrates that a certified copy of 
 11.11  the certificate is necessary for the determination or protection 
 11.12  of a personal or property right, pursuant to rules adopted by 
 11.13  the commissioner; 
 11.14     (2) to any local, state, or federal governmental agency 
 11.15  upon request if the certified certificate is necessary for the 
 11.16  governmental agency to perform its authorized duties.  An 
 11.17  authorized governmental agency includes the department of human 
 11.18  services, the department of revenue, and the United States 
 11.19  Immigration and Naturalization Service; or 
 11.20     (3) pursuant to a court order issued by a court of 
 11.21  competent jurisdiction.  For purposes of this section, a 
 11.22  subpoena does not constitute a court order. 
 11.23     Sec. 10.  Minnesota Statutes 1996, section 144.225, is 
 11.24  amended by adding a subdivision to read: 
 11.25     Subd. 8.  [STANDARDIZED FORMAT FOR CERTIFIED BIRTH AND 
 11.26  DEATH CERTIFICATES.] No later than July 1, 2000, the 
 11.27  commissioner shall develop a standardized format for certified 
 11.28  birth certificates and death certificates issued by state and 
 11.29  local registrars.  The format shall incorporate security 
 11.30  features in accordance with this section.  The standardized 
 11.31  format must be implemented on a statewide basis by July 1, 2001. 
 11.32     Sec. 11.  Minnesota Statutes 1996, section 144.9504, 
 11.33  subdivision 2, is amended to read: 
 11.34     Subd. 2.  [LEAD INSPECTION.] (a) An inspecting agency shall 
 11.35  conduct a lead inspection of a residence according to the venous 
 11.36  blood lead level and time frame set forth in clauses (1) to (4) 
 12.1   for purposes of secondary prevention:  
 12.2      (1) within 48 hours of a child or pregnant female in the 
 12.3   residence being identified to the agency as having a venous 
 12.4   blood lead level equal to or greater than 70 micrograms of lead 
 12.5   per deciliter of whole blood; 
 12.6      (2) within five working days of a child or pregnant female 
 12.7   in the residence being identified to the agency as having a 
 12.8   venous blood lead level equal to or greater than 45 micrograms 
 12.9   of lead per deciliter of whole blood; 
 12.10     (3) within ten working days of a child or pregnant female 
 12.11  in the residence being identified to the agency as having a 
 12.12  venous blood lead level equal to or greater than 20 micrograms 
 12.13  of lead per deciliter of whole blood; or 
 12.14     (4) within ten working days of a child or pregnant female 
 12.15  in the residence being identified to the agency as having a 
 12.16  venous blood lead level that persists in the range of 15 to 19 
 12.17  micrograms of lead per deciliter of whole blood for 90 days 
 12.18  after initial identification.  
 12.19     (b) Within the limits of available state and federal 
 12.20  appropriations, an inspecting agency may also conduct a lead 
 12.21  inspection for children with any elevated blood lead level.  
 12.22     (c) In a building with two or more dwelling units, an 
 12.23  inspecting agency shall inspect the individual unit in which the 
 12.24  conditions of this section are met and shall also inspect all 
 12.25  common areas.  If a child visits one or more other sites such as 
 12.26  another residence, or a residential or commercial child care 
 12.27  facility, playground, or school, the inspecting agency shall 
 12.28  also inspect the other sites.  The inspecting agency shall have 
 12.29  one additional day added to the time frame set forth in this 
 12.30  subdivision to complete the lead inspection for each additional 
 12.31  site.  
 12.32     (d) Within the limits of appropriations, the inspecting 
 12.33  agency shall identify the known addresses for the previous 12 
 12.34  months of the child or pregnant female with elevated venous 
 12.35  blood lead levels of at least 20 micrograms per deciliter for 
 12.36  the child or at least ten micrograms per deciliter for the 
 13.1   pregnant female; notify the property owners, landlords, and 
 13.2   tenants at those addresses that an elevated blood lead level was 
 13.3   found in a person who resided at the property; and give them a 
 13.4   copy of the lead inspection guide.  The inspecting agency shall 
 13.5   provide the notice required by this subdivision without 
 13.6   identifying the child or pregnant female with the elevated blood 
 13.7   lead level.  The inspecting agency is not required to obtain the 
 13.8   consent of the child's parent or guardian or the consent of the 
 13.9   pregnant female for purposes of this subdivision.  This 
 13.10  information shall be classified as private data on individuals 
 13.11  as defined under section 13.02, subdivision 12.  
 13.12     (e) The inspecting agency shall conduct the lead inspection 
 13.13  according to rules adopted by the commissioner under section 
 13.14  144.9508.  An inspecting agency shall have lead inspections 
 13.15  performed by lead inspectors licensed by the commissioner 
 13.16  according to rules adopted under section 144.9508.  If a 
 13.17  property owner refuses to allow an inspection, the inspecting 
 13.18  agency shall begin legal proceedings to gain entry to the 
 13.19  property and the time frame for conducting a lead inspection set 
 13.20  forth in this subdivision no longer applies.  An inspector or 
 13.21  inspecting agency may observe the performance of lead hazard 
 13.22  reduction in progress and shall enforce the provisions of this 
 13.23  section under section 144.9509.  Deteriorated painted surfaces, 
 13.24  bare soil, dust, and drinking water must be tested with 
 13.25  appropriate analytical equipment to determine the lead content, 
 13.26  except that deteriorated painted surfaces or bare soil need not 
 13.27  be tested if the property owner agrees to engage in lead hazard 
 13.28  reduction on those surfaces.  
 13.29     (f) A lead inspector shall notify the commissioner and the 
 13.30  board of health of all violations of lead standards under 
 13.31  section 144.9508, that are identified in a lead inspection 
 13.32  conducted under this section.  
 13.33     (g) Each inspecting agency shall establish an 
 13.34  administrative appeal procedure which allows a property owner to 
 13.35  contest the nature and conditions of any lead order issued by 
 13.36  the inspecting agency.  Inspecting agencies must consider 
 14.1   appeals that propose lower cost methods that make the residence 
 14.2   lead safe. 
 14.3      (h) Sections 144.9501 to 144.9509 neither authorize nor 
 14.4   prohibit an inspecting agency from charging a property owner for 
 14.5   the cost of a lead inspection. 
 14.6      Sec. 12.  Minnesota Statutes 1996, section 145.411, is 
 14.7   amended by adding a subdivision to read: 
 14.8      Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
 14.9   commissioner of health. 
 14.10     Sec. 13.  [145.4131] [RECORDING AND REPORTING ABORTION 
 14.11  DATA.] 
 14.12     Subdivision 1.  [FORMS.] (a) Within 90 days of the 
 14.13  effective date of this section, the commissioner shall prepare a 
 14.14  reporting form for physicians performing abortions.  A copy of 
 14.15  this section shall be attached to the form.  A physician 
 14.16  performing an abortion shall obtain a form from the commissioner.
 14.17     (b) The form shall require the following information: 
 14.18     (1) the number of abortions performed by the physician in 
 14.19  the previous calendar year, reported by month; 
 14.20     (2) the method used for each abortion; 
 14.21     (3) the approximate gestational age of each child subject 
 14.22  to abortion, expressed in one of the following increments:  
 14.23     (i) less than nine weeks; 
 14.24     (ii) nine to ten weeks; 
 14.25     (iii) 11 to 12 weeks; 
 14.26     (iv) 13 to 15 weeks; 
 14.27     (v) 16 to 20 weeks; 
 14.28     (vi) 21 to 24 weeks; 
 14.29     (vii) 25 to 30 weeks; 
 14.30     (viii) 31 to 36 weeks; or 
 14.31     (ix) 37 weeks to term; 
 14.32     (4) the age of the mother on whom the abortion was 
 14.33  performed at the time the abortion was performed; 
 14.34     (5) the specific reason for the abortion, including, but 
 14.35  not limited to, the following: 
 14.36     (i) the pregnancy was a result of rape; 
 15.1      (ii) the pregnancy was a result of incest; 
 15.2      (iii) the mother cannot afford the child; 
 15.3      (iv) the mother does not want the child; 
 15.4      (v) the mother's emotional health is at stake; 
 15.5      (vi) the mother will suffer substantial and irreversible 
 15.6   impairment of a major bodily function if the pregnancy 
 15.7   continues; or 
 15.8      (vii) other; 
 15.9      (6) whether the abortion was paid for by: 
 15.10     (i) private insurance; 
 15.11     (ii) a public health plan; or 
 15.12     (iii) another form of payment; 
 15.13     (7) whether coverage was under: 
 15.14     (i) a fee-for-service insurance company; 
 15.15     (ii) a managed care company; or 
 15.16     (iii) another type of health carrier; 
 15.17     (8) complications, if any, for each abortion and for the 
 15.18  aftermath of each abortion.  Space for a description of any 
 15.19  complications shall be available on the form; 
 15.20     (9) the fee collected for each abortion; 
 15.21     (10) the type of anesthetic used, if any, for each 
 15.22  abortion; 
 15.23     (11) the method used to dispose of fetal tissue and 
 15.24  remains; 
 15.25     (12) the medical specialty of the physician performing the 
 15.26  abortion; and 
 15.27     (13) whether the physician performing the abortion has had 
 15.28  a physician's license suspended or revoked or has had other 
 15.29  professional sanctions in this or another state. 
 15.30     Subd. 2.  [SUBMISSION.] A physician performing an abortion 
 15.31  shall complete and submit the form to the commissioner no later 
 15.32  than April 1 for abortions performed in the previous calendar 
 15.33  year. 
 15.34     Subd. 3.  [ADDITIONAL REPORTING.] Nothing in this section 
 15.35  shall be construed to preclude the voluntary or required 
 15.36  submission of other reports or forms regarding abortions.  
 16.1      Sec. 14.  [145.4132] [RECORDING AND REPORTING ABORTION 
 16.2   COMPLICATION DATA.] 
 16.3      Subdivision 1.  [FORMS.] (a) Within 90 days of the 
 16.4   effective date of this section, the commissioner shall prepare 
 16.5   an abortion complication reporting form for all physicians 
 16.6   licensed and practicing in the state.  A copy of this section 
 16.7   shall be attached to the form. 
 16.8      (b) The board of medical practice shall ensure that the 
 16.9   abortion complication reporting form is distributed: 
 16.10     (1) to all physicians licensed to practice in the state, 
 16.11  within 120 days after the effective date of this section and by 
 16.12  December 1 of each subsequent year; and 
 16.13     (2) to a physician who is newly licensed to practice in the 
 16.14  state, at the same time as official notification to the 
 16.15  physician that the physician is so licensed. 
 16.16     Subd. 2.  [REQUIRED REPORTING.] A physician licensed and 
 16.17  practicing in the state who encounters an illness or injury that 
 16.18  is related to an induced abortion shall complete and submit an 
 16.19  abortion complication reporting form to the commissioner. 
 16.20     Subd. 3.  [SUBMISSION.] A physician required to submit an 
 16.21  abortion complication reporting form to the commissioner shall 
 16.22  do so as soon as practicable after the encounter with the 
 16.23  abortion related illness or injury, but in no case more than 60 
 16.24  days after the encounter. 
 16.25     Subd. 4.  [ADDITIONAL REPORTING.] Nothing in this section 
 16.26  shall be construed to preclude the voluntary or required 
 16.27  submission of other reports or forms regarding abortion 
 16.28  complications. 
 16.29     Sec. 15.  [145.4133] [REPORTING OUT-OF-STATE ABORTIONS.] 
 16.30     The commissioner of human services shall report to the 
 16.31  commissioner by April 1 each year the following information 
 16.32  regarding abortions paid for with state funds and performed out 
 16.33  of state in the previous calendar year:  
 16.34     (1) the total number of abortions performed out of state 
 16.35  and partially or fully paid for with state funds through the 
 16.36  medical assistance, general assistance medical care, or 
 17.1   MinnesotaCare program or any other program; 
 17.2      (2) the total amount of state funds used to pay for the 
 17.3   abortions and expenses incidental to the abortions; and 
 17.4      (3) the gestational age of each unborn child at the time of 
 17.5   abortion. 
 17.6      Sec. 16.  [145.4134] [COMMISSIONER'S PUBLIC REPORT.] 
 17.7      (a) By July 1 of each year, the commissioner shall issue a 
 17.8   public report providing statistics for the previous calendar 
 17.9   year compiled from the data submitted under sections 145.4131 to 
 17.10  145.4133.  Each report shall provide the statistics for all 
 17.11  previous calendar years, adjusted to reflect any additional 
 17.12  information from late or corrected reports.  The commissioner 
 17.13  shall ensure that none of the information included in the public 
 17.14  reports can reasonably lead to identification of an individual 
 17.15  having performed or having had an abortion.  All data included 
 17.16  on the forms under sections 145.4131 to 145.4133 must be 
 17.17  included in the public report.  The commissioner shall submit 
 17.18  the report to the senate health care committee and the house 
 17.19  health and human services committee.  
 17.20     (b) The commissioner may, by rules adopted under chapter 
 17.21  14, alter the submission dates established under sections 
 17.22  145.4131 to 145.4133 for administrative convenience, fiscal 
 17.23  savings, or other valid reason, provided that physicians and the 
 17.24  commissioner of health submit the required information once each 
 17.25  year and the commissioner issues a report once each year.  
 17.26     Sec. 17.  [145.4135] [ENFORCEMENT; PENALTIES.] 
 17.27     (a) A physician who fails to submit the required forms 
 17.28  under sections 145.4131 and 145.4132 within 30 days following 
 17.29  the due date is subject to a late fee of $500 for each 30-day 
 17.30  period, or portion thereof, that the forms are overdue.  A 
 17.31  physician required to report under this section who does not 
 17.32  submit a report, or submits only an incomplete report, more than 
 17.33  one year following the due date, may be fined and, in an action 
 17.34  brought by the commissioner, be directed by a court of competent 
 17.35  jurisdiction to submit a complete report within a period stated 
 17.36  by court order or be subject to sanctions for civil contempt.  
 18.1      (b) If the commissioner fails to issue the public report 
 18.2   required under this section, or fails in any way to enforce this 
 18.3   section, a group of ten or more citizens of the state may seek 
 18.4   an injunction in a court of competent jurisdiction against the 
 18.5   commissioner requiring that a complete report be issued within a 
 18.6   period stated by court order or requiring that enforcement 
 18.7   action be taken.  Failure to abide by an injunction shall 
 18.8   subject the commissioner to sanctions for civil contempt.  
 18.9      (c) A physician who knowingly or recklessly submits a false 
 18.10  report under this section is guilty of a misdemeanor.  
 18.11     (d) The commissioner may take reasonable steps to ensure 
 18.12  compliance with sections 145.4131 to 145.4133 and to verify data 
 18.13  provided, including but not limited to inspection of places 
 18.14  where abortions are performed in accordance with chapter 14.  
 18.15     Sec. 18.  [145.4136] [SEVERABILITY.] 
 18.16     If any one or more provision, section, subsection, 
 18.17  sentence, clause, phrase, or word of sections 145.4131 to 
 18.18  145.4135, or the application thereof to any person or 
 18.19  circumstance is found to be unconstitutional, the same is hereby 
 18.20  declared to be severable and the balance of sections 145.4131 to 
 18.21  145.4135 shall remain effective notwithstanding such 
 18.22  unconstitutionality.  The legislature hereby declares that it 
 18.23  would have passed sections 145.4131 to 145.4135, and each 
 18.24  provision, section, subsection, sentence, clause, phrase, or 
 18.25  word thereof, irrespective of the fact that any one or more 
 18.26  provision, section, subsection, sentence, clause, phrase, or 
 18.27  word be declared unconstitutional. 
 18.28     Sec. 19.  [EFFECTIVE DATE.] 
 18.29     Sections 7 and 8 are effective August 1, 1998.  Section 9 
 18.30  is effective August 1, 2000.