1st 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; extending date of commissioner's access 1.11 to fetal, infant, and maternal death data; amending 1.12 Minnesota Statutes 1996, sections 62J.451, subdivision 1.13 6c; 62J.54; 144.212, by adding subdivisions; 144.215, 1.14 by adding subdivisions; 144.225, subdivision 2, and by 1.15 adding subdivisions; 144.9504, subdivision 2; and 1.16 145.90, subdivision 2. 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 1,2.231998Not 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) Thefirst eight digits of the national provider3.3identifier maintained by the federal Health Care Financing3.4Administrationunique 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 anational3.11providerunique 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;and3.20 (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 anational provider3.27 unique health identifier from the federalHealth Care Financing3.28AdministrationSecretary of Health and Human Services using the 3.29federal Health Care Financing Administration's prescribed3.30 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 administered3.36by the department of human services shall use the unique4.1identification number assigned to health care providers for4.2implementation of the Medicaid Management Information System or4.3the national provider identifier maintained by the federal4.4Health Care Financing Administration.4.5 (f) The commissioner of health maybecome a subscriber to4.6 contract with the federalHealth Care Financing Administration's4.7national provider systemSecretary 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, 1998Not 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) Thefirst eight digits of the national provider4.27identifier maintained by the federal Health Care Financing4.28Administration's national provider systemunique 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 anational4.36providerunique 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);and5.13(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 anational providerunique health 5.21 identifier from the federalHealth Care Financing Administration5.22 Secretary of Health and Human Services using theHealth Care5.23Financing Administration's prescribedprocess 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 administered5.30by the department of human services shall use the unique5.31identification number assigned to health care providers for5.32implementation of the Medicaid Management Information System or5.33the national provider identifier maintained by the federal5.34Health Care Financing Administration.5.35 (f) The commissioner of health maybecome a subscriber to5.36 contract with the federalHealth Care Financing Administration's6.1national provider systemSecretary 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, 1998Not 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) Thepayer identification number assigned for the6.20federal Health Care Financing Administration's PAYERID system6.21 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 apayerunique health 6.28 identifiernumberfrom the federalHealth Care Financing6.29AdministrationSecretary of Health and Human Services using 6.30 theHealth Care Financing Administration's prescribed6.31 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 maybecome a registry7.1user tocontract with the federalHealth Care Financing7.2Administration's PAYERID systemSecretary 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)On7.5and after January 1, 1998Not 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 the7.14recommendation of the workgroup for electronic data interchange,7.15the social security number of the patientSmall 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 numbering7.35system for patients who do not have or refuse to provide a7.36social security number. This provision does not require that8.1patients provide their social security numbers and does not8.2require group purchasers or providers to demand that patients8.3provide their social security numbers. Group purchasers and8.4health care providers shall establish procedures to notify8.5patients that they can elect not to have their social security8.6number 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 programs8.34administered by the department of human services shall use the8.35unique person master index (PMI) identification number assigned8.36to clients participating in programs administered by the9.1department 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, 10.27 subdivision 2, is amended to read: 10.28 Subd. 2. [DATA ABOUT BIRTHS.] (a) Except as otherwise 10.29 provided in this subdivision, data pertaining to the birth of a 10.30 child,to a woman who was not married to the child's father when 10.31 the child was conceived nor when the child was born, including 10.32 the original certificate of birth and the certified copy, are 10.33 confidential data if the birth occurred before January 1, 2000, 10.34 and are public data if the birth occurs on or after that 10.35 date. Until January 1, 2000, at the time of the birth of a 10.36 child to a woman who was not married to the child's father when 11.1 the child was conceived nor when the child was born, the mother 11.2 may designate on the birth registration form whether data 11.3 pertaining to the birth will be public data. Notwithstanding 11.4 the designation of the data as confidential, it may be disclosed: 11.5 (1) to a parent or guardian of the child,; 11.6 (2) to the child when the child is 18 years of age or 11.7 older,; 11.8 (3) under paragraph (b); or 11.9 (4) pursuant to a court order, or under paragraph (b). For 11.10 purposes of this section, a subpoena does not constitute a court 11.11 order. 11.12 (b) Unless the child is adopted, data pertaining to the 11.13 birth of a child that are not accessible to the public become 11.14 public data if 100 years have elapsed since the birth of the 11.15 child who is the subject of the data, or as provided under 11.16 section 13.10, whichever occurs first. 11.17 (c) If a child is adopted, data pertaining to the child's 11.18 birth are governed by the provisions relating to adoption 11.19 records, including sections 13.10, subdivision 5; 144.1761; 11.20 144.218, subdivision 1; and 259.89. The birth and death records 11.21 of the commissioner of health shall be open to inspection by the 11.22 commissioner of human services and it shall not be necessary for 11.23 the commissioner of human services to obtain an order of the 11.24 court in order to inspect records or to secure certified copies 11.25 of them. 11.26 (d) The name and address of a mother under paragraph (a) 11.27 and the child's date of birth may be disclosed to the county 11.28 social services or public health member of a family services 11.29 collaborative for purposes of providing services under section 11.30 121.8355. 11.31 Sec. 10. Minnesota Statutes 1996, section 144.225, is 11.32 amended by adding a subdivision to read: 11.33 Subd. 7. [CERTIFIED COPY OF BIRTH OR DEATH 11.34 CERTIFICATE.] The state or local registrar is authorized to 11.35 issue a certified copy of a birth certificate or death 11.36 certificate only: 12.1 (1) to a person who has a tangible interest in the 12.2 requested birth certificate or death certificate. A person who 12.3 has a tangible interest is: 12.4 (i) the subject of the birth certificate or death 12.5 certificate; 12.6 (ii) a child of the subject; 12.7 (iii) the spouse of the subject; 12.8 (iv) a parent of the subject, unless the parent is a birth 12.9 parent whose parental rights have been terminated; 12.10 (v) the legal custodian or guardian of the subject; 12.11 (vi) a representative authorized by a person under clauses 12.12 (1) to (3); or 12.13 (vii) a person who demonstrates that a certified copy of 12.14 the birth certificate or death certificate is necessary for the 12.15 determination or protection of a personal or property right, 12.16 pursuant to rules adopted by the commissioner; 12.17 (2) to any local, state, or federal governmental agency 12.18 upon request if the certified birth certificate or death 12.19 certificate is necessary for the governmental agency to perform 12.20 its authorized duties. An authorized governmental agency 12.21 includes the department of human services, the department of 12.22 revenue, and the United States Immigration and Naturalization 12.23 Service; or 12.24 (3) pursuant to a court order issued by a court of 12.25 competent jurisdiction. For purposes of this section, a 12.26 subpoena does not constitute a court order. 12.27 Sec. 11. Minnesota Statutes 1996, section 144.225, is 12.28 amended by adding a subdivision to read: 12.29 Subd. 8. [STANDARDIZED FORMAT FOR CERTIFIED BIRTH AND 12.30 DEATH CERTIFICATES.] No later than July 1, 2000, the 12.31 commissioner shall develop a standardized format for certified 12.32 birth certificates and death certificates issued by state and 12.33 local registrars. The format shall incorporate security 12.34 features in accordance with this section. The standardized 12.35 format must be implemented on a statewide basis by July 1, 2001. 12.36 Sec. 12. Minnesota Statutes 1996, section 144.9504, 13.1 subdivision 2, is amended to read: 13.2 Subd. 2. [LEAD INSPECTION.] (a) An inspecting agency shall 13.3 conduct a lead inspection of a residence according to the venous 13.4 blood lead level and time frame set forth in clauses (1) to (4) 13.5 for purposes of secondary prevention: 13.6 (1) within 48 hours of a child or pregnant female in the 13.7 residence being identified to the agency as having a venous 13.8 blood lead level equal to or greater than 70 micrograms of lead 13.9 per deciliter of whole blood; 13.10 (2) within five working days of a child or pregnant female 13.11 in the residence being identified to the agency as having a 13.12 venous blood lead level equal to or greater than 45 micrograms 13.13 of lead per deciliter of whole blood; 13.14 (3) within ten working days of a child or pregnant female 13.15 in the residence being identified to the agency as having a 13.16 venous blood lead level equal to or greater than 20 micrograms 13.17 of lead per deciliter of whole blood; or 13.18 (4) within ten working days of a child or pregnant female 13.19 in the residence being identified to the agency as having a 13.20 venous blood lead level that persists in the range of 15 to 19 13.21 micrograms of lead per deciliter of whole blood for 90 days 13.22 after initial identification. 13.23 (b) Within the limits of available state and federal 13.24 appropriations, an inspecting agency may also conduct a lead 13.25 inspection for children with any elevated blood lead level. 13.26 (c) In a building with two or more dwelling units, an 13.27 inspecting agency shall inspect the individual unit in which the 13.28 conditions of this section are met and shall also inspect all 13.29 common areas. If a child visits one or more other sites such as 13.30 another residence, or a residential or commercial child care 13.31 facility, playground, or school, the inspecting agency shall 13.32 also inspect the other sites. The inspecting agency shall have 13.33 one additional day added to the time frame set forth in this 13.34 subdivision to complete the lead inspection for each additional 13.35 site. 13.36 (d) Within the limits of appropriations, the inspecting 14.1 agency shall identify the known addresses for the previous 12 14.2 months of the child or pregnant female withelevatedvenous 14.3 blood lead levels of at least 20 micrograms per deciliter for 14.4 the child or at least ten micrograms per deciliter for the 14.5 pregnant female; notify the property owners, landlords, and 14.6 tenants at those addresses that an elevated blood lead level was 14.7 found in a person who resided at the property; and give them a 14.8 copy of the lead inspection guide. The inspecting agency shall 14.9 provide the notice required by this subdivision without 14.10 identifying the child or pregnant female with the elevated blood 14.11 lead level. The inspecting agency is not required to obtain the 14.12 consent of the child's parent or guardian or the consent of the 14.13 pregnant female for purposes of this subdivision. This 14.14 information shall be classified as private data on individuals 14.15 as defined under section 13.02, subdivision 12. 14.16 (e) The inspecting agency shall conduct the lead inspection 14.17 according to rules adopted by the commissioner under section 14.18 144.9508. An inspecting agency shall have lead inspections 14.19 performed by lead inspectors licensed by the commissioner 14.20 according to rules adopted under section 144.9508. If a 14.21 property owner refuses to allow an inspection, the inspecting 14.22 agency shall begin legal proceedings to gain entry to the 14.23 property and the time frame for conducting a lead inspection set 14.24 forth in this subdivision no longer applies. An inspector or 14.25 inspecting agency may observe the performance of lead hazard 14.26 reduction in progress and shall enforce the provisions of this 14.27 section under section 144.9509. Deteriorated painted surfaces, 14.28 bare soil, dust, and drinking water must be tested with 14.29 appropriate analytical equipment to determine the lead content, 14.30 except that deteriorated painted surfaces or bare soil need not 14.31 be tested if the property owner agrees to engage in lead hazard 14.32 reduction on those surfaces. 14.33 (f) A lead inspector shall notify the commissioner and the 14.34 board of health of all violations of lead standards under 14.35 section 144.9508, that are identified in a lead inspection 14.36 conducted under this section. 15.1 (g) Each inspecting agency shall establish an 15.2 administrative appeal procedure which allows a property owner to 15.3 contest the nature and conditions of any lead order issued by 15.4 the inspecting agency. Inspecting agencies must consider 15.5 appeals that propose lower cost methods that make the residence 15.6 lead safe. 15.7 (h) Sections 144.9501 to 144.9509 neither authorize nor 15.8 prohibit an inspecting agency from charging a property owner for 15.9 the cost of a lead inspection. 15.10 Sec. 13. Minnesota Statutes 1996, section 145.90, 15.11 subdivision 2, is amended to read: 15.12 Subd. 2. [ACCESS TO DATA.] (a) Until July 1,19972000, 15.13 the commissioner of health has access to medical data as defined 15.14 in section 13.42, subdivision 1, paragraph (b), medical examiner 15.15 data as defined in section 13.83, subdivision 1, and health 15.16 records created, maintained, or stored by providers as defined 15.17 in section 144.335, subdivision 1, paragraph (b), without the 15.18 consent of the subject of the data, and without the consent of 15.19 the parent, spouse, other guardian, or legal representative of 15.20 the subject of the data, when the subject of the data is: 15.21 (1) a fetus that showed no signs of life at the time of 15.22 delivery, was 20 or more weeks of gestation at the time of 15.23 delivery, and was not delivered by an induced abortion; 15.24 (2) a liveborn infant that died within the first two years 15.25 of life; 15.26 (3) a woman who died during a pregnancy or within 12 months 15.27 of a fetal death, a live birth, or other termination of a 15.28 pregnancy; or 15.29 (4) the biological mother of a fetus or infant as described 15.30 in clause (1) or (2). 15.31 The commissioner only has access to medical data and health 15.32 records related to deaths or stillbirths that occur on or after 15.33 July 1, 1994. With respect to data under clause (4), the 15.34 commissioner only has access to medical data and health records 15.35 that contain information that bears upon the pregnancy and the 15.36 outcome of the pregnancy. 16.1 (b) The provider or responsible authority that creates, 16.2 maintains, or stores the data shall furnish the data upon the 16.3 request of the commissioner. The provider or responsible 16.4 authority may charge a fee for providing data, not to exceed the 16.5 actual cost of retrieving and duplicating the data. 16.6 (c) The commissioner shall make a good faith reasonable 16.7 effort to notify the subject of the data, or the parent, spouse, 16.8 other guardian, or legal representative of the subject of the 16.9 data, before collecting data on the subject. For purposes of 16.10 this paragraph, "reasonable effort" includes: 16.11 (1) one visit by a public health nurse to the last known 16.12 address of the data subject, or the parent, spouse, or guardian; 16.13 and 16.14 (2) if the public health nurse is unable to contact the 16.15 data subject, or the parent, spouse, or guardian, one notice by 16.16 certified mail to the last known address of the data subject, or 16.17 the parent, spouse, or guardian. 16.18 (d) The commissioner does not have access to coroner or 16.19 medical examiner data that are part of an active investigation 16.20 as described in section 13.83. 16.21 Sec. 14. [EFFECTIVE DATE.] 16.22 Sections 7 and 8 are effective August 1, 1998. Section 10 16.23 is effective August 1, 2000. Section 13 is effective the day 16.24 following final enactment.