HF 556

2nd 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, by adding 
  1.15            subdivisions; 144.9504, subdivision 2; and 145.90, 
  1.16            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, 
  2.23  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 145.90, 
 14.7   subdivision 2, is amended to read: 
 14.8      Subd. 2.  [ACCESS TO DATA.] (a) Until July 1, 1997 2000, 
 14.9   the commissioner of health has access to medical data as defined 
 14.10  in section 13.42, subdivision 1, paragraph (b), medical examiner 
 14.11  data as defined in section 13.83, subdivision 1, and health 
 14.12  records created, maintained, or stored by providers as defined 
 14.13  in section 144.335, subdivision 1, paragraph (b), without the 
 14.14  consent of the subject of the data, and without the consent of 
 14.15  the parent, spouse, other guardian, or legal representative of 
 14.16  the subject of the data, when the subject of the data is: 
 14.17     (1) a fetus that showed no signs of life at the time of 
 14.18  delivery, was 20 or more weeks of gestation at the time of 
 14.19  delivery, and was not delivered by an induced abortion; 
 14.20     (2) a liveborn infant that died within the first two years 
 14.21  of life; 
 14.22     (3) a woman who died during a pregnancy or within 12 months 
 14.23  of a fetal death, a live birth, or other termination of a 
 14.24  pregnancy; or 
 14.25     (4) the biological mother of a fetus or infant as described 
 14.26  in clause (1) or (2). 
 14.27     The commissioner only has access to medical data and health 
 14.28  records related to deaths or stillbirths that occur on or after 
 14.29  July 1, 1994.  With respect to data under clause (4), the 
 14.30  commissioner only has access to medical data and health records 
 14.31  that contain information that bears upon the pregnancy and the 
 14.32  outcome of the pregnancy. 
 14.33     (b) The provider or responsible authority that creates, 
 14.34  maintains, or stores the data shall furnish the data upon the 
 14.35  request of the commissioner.  The provider or responsible 
 14.36  authority may charge a fee for providing data, not to exceed the 
 15.1   actual cost of retrieving and duplicating the data. 
 15.2      (c) The commissioner shall make a good faith reasonable 
 15.3   effort to notify the subject of the data, or the parent, spouse, 
 15.4   other guardian, or legal representative of the subject of the 
 15.5   data, before collecting data on the subject.  For purposes of 
 15.6   this paragraph, "reasonable effort" includes: 
 15.7      (1) one visit by a public health nurse to the last known 
 15.8   address of the data subject, or the parent, spouse, or guardian; 
 15.9   and 
 15.10     (2) if the public health nurse is unable to contact the 
 15.11  data subject, or the parent, spouse, or guardian, one notice by 
 15.12  certified mail to the last known address of the data subject, or 
 15.13  the parent, spouse, or guardian. 
 15.14     (d) The commissioner does not have access to coroner or 
 15.15  medical examiner data that are part of an active investigation 
 15.16  as described in section 13.83. 
 15.17     Sec. 13.  [EFFECTIVE DATE.] 
 15.18     Sections 7 and 8 are effective August 1, 1998.  Section 9 
 15.19  is effective August 1, 2000.  Section 12 is effective the day 
 15.20  following final enactment.