HF 556

4th Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying provisions for unique 
  1.3             identifiers for health care providers, group 
  1.4             purchasers, and patients; modifying birth data 
  1.5             provisions; limiting access to certified copies of 
  1.6             birth and death certificates; requiring standardized 
  1.7             format for birth and death certificates; extending 
  1.8             date of commissioner's access to fetal, infant, and 
  1.9             maternal death data; modifying lead inspection and 
  1.10            notice requirements; amending Minnesota Statutes 1996, 
  1.11            sections 62J.451, subdivision 6c; 62J.54; 144.212, by 
  1.12            adding subdivisions; 144.215, by adding subdivisions; 
  1.13            144.225, subdivision 2, and by adding subdivisions; 
  1.14            144.9504, subdivision 2; and 145.90, subdivision 2.  
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1996, section 62J.451, 
  1.17  subdivision 6c, is amended to read: 
  1.18     Subd. 6c.  [PROVIDER ORGANIZATION PERFORMANCE 
  1.19  MEASUREMENT.] (a) As part of the performance measurement plan 
  1.20  specified in subdivision 6, the health data institute shall 
  1.21  develop a mechanism to assess the performance of hospitals and 
  1.22  other provider organizations, and to disseminate this 
  1.23  information to consumers, purchasers, policymakers, and other 
  1.24  interested parties, consistent with the data policies specified 
  1.25  in section 62J.452.  Data to be collected may include structural 
  1.26  characteristics including staff-mix and nurse-patient ratios.  
  1.27  In selecting additional data for collection, the health data 
  1.28  institute may consider: 
  1.29     (1) feasibility and statistical validity of the indicator; 
  1.30     (2) purchaser and public demand for the indicator; 
  2.1      (3) estimated expense of collecting and reporting the 
  2.2   indicator; and 
  2.3      (4) usefulness of the indicator for internal improvement 
  2.4   purposes. 
  2.5      (b) The health data institute may conduct consumer surveys 
  2.6   that focus on health care provider organizations.  Health care 
  2.7   provider organizations may provide roster data, as defined in 
  2.8   subdivision 2, including names, addresses, and telephone numbers 
  2.9   of their patients, to the health data institute for purposes of 
  2.10  conducting the surveys.  Roster data provided by health care 
  2.11  provider organizations under this paragraph are private data on 
  2.12  individuals as defined in section 13.02, subdivision 12.  
  2.13  Providing data under this paragraph does not constitute a 
  2.14  release of health records for purposes of section 144.335, 
  2.15  subdivision 3a. 
  2.16     Sec. 2.  Minnesota Statutes 1996, section 62J.54, is 
  2.17  amended to read: 
  2.18     62J.54 [IDENTIFICATION AND IMPLEMENTATION OF UNIQUE 
  2.19  IDENTIFIERS.] 
  2.20     Subdivision 1.  [UNIQUE IDENTIFICATION NUMBER FOR HEALTH 
  2.21  CARE PROVIDER ORGANIZATIONS.] (a) On and after January 1, 
  2.22  1998 Not later than 24 months after the date on which a unique 
  2.23  health identifier for health care providers is adopted or 
  2.24  established under sections 1171 to 1179 of Public Law Number 
  2.25  104-191, 110 Statutes at Large 1936, all group purchasers and 
  2.26  health care providers in Minnesota shall use a unique 
  2.27  identification number to identify health care provider 
  2.28  organizations, except as provided in paragraph (e) (b). 
  2.29     (b) Small health plans, as defined by the federal Secretary 
  2.30  of Health and Human Services under section 1175 of Public Law 
  2.31  Number 104-191, 110 Statutes at Large 1936, shall use a unique 
  2.32  identification number to identify health provider organizations 
  2.33  no later than 36 months after the date on which a unique health 
  2.34  identifier for health care providers is adopted or established 
  2.35  under sections 1171 to 1179 of Public Law Number 104-191, 110 
  2.36  Statutes at Large 1936. 
  3.1      (c) The first eight digits of the national provider 
  3.2   identifier maintained by the federal Health Care Financing 
  3.3   Administration unique health identifier for health care 
  3.4   providers adopted or established by the federal Secretary of 
  3.5   Health and Human Services under sections 1171 to 1179 of Public 
  3.6   Law Number 104-191, 110 Statutes at Large 1936 (1996 and 
  3.7   subsequent amendments), shall be used as the unique 
  3.8   identification number for health care provider organizations. 
  3.9      (c) (d) Provider organizations required to have a national 
  3.10  provider unique health identifier are:  
  3.11     (1) hospitals licensed under chapter 144; 
  3.12     (2) nursing homes and hospices licensed under chapter 144A; 
  3.13     (3) subacute care facilities; 
  3.14     (4) individual providers organized as a clinic or group 
  3.15  practice; 
  3.16     (5) independent laboratory, pharmacy, surgery, radiology, 
  3.17  or outpatient facilities; 
  3.18     (6) ambulance services licensed under chapter 144; and 
  3.19     (7) special transportation services certified under chapter 
  3.20  174; and 
  3.21     (8) other provider organizations as required by the federal 
  3.22  Secretary of Health and Human Services under sections 1171 to 
  3.23  1179 of Public Law Number 104-191, 110 Statutes at Large 1936 
  3.24  (1996 and subsequent amendments).  
  3.25     Provider organizations shall obtain a national provider 
  3.26  unique health identifier from the federal Health Care Financing 
  3.27  Administration Secretary of Health and Human Services using the 
  3.28  federal Health Care Financing Administration's prescribed 
  3.29  process prescribed by the Secretary. 
  3.30     (d) (e) Only the unique health care provider organization 
  3.31  identifier shall be used for purposes of submitting and 
  3.32  receiving claims, and in conjunction with other data collection 
  3.33  and reporting functions. 
  3.34     (e) The state and federal health care programs administered 
  3.35  by the department of human services shall use the unique 
  3.36  identification number assigned to health care providers for 
  4.1   implementation of the Medicaid Management Information System or 
  4.2   the national provider identifier maintained by the federal 
  4.3   Health Care Financing Administration. 
  4.4      (f) The commissioner of health may become a subscriber to 
  4.5   contract with the federal Health Care Financing Administration's 
  4.6   national provider system Secretary of Health and Human Services 
  4.7   or the Secretary's agent to implement this subdivision. 
  4.8      Subd. 2.  [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL 
  4.9   HEALTH CARE PROVIDERS.] (a) On and after January 1, 1998 Not 
  4.10  later than 24 months after the date on which a unique health 
  4.11  identifier for health care providers is adopted or established 
  4.12  under sections 1171 to 1179 of Public Law Number 104-191, 110 
  4.13  Statutes at Large 1936, all group purchasers and health care 
  4.14  providers in Minnesota shall use a unique identification number 
  4.15  to identify an individual health care provider, except as 
  4.16  provided in paragraph (e) (b). 
  4.17     (b) Small health plans, as defined by the federal Secretary 
  4.18  of Health and Human Services under section 1175 of Public Law 
  4.19  Number 104-191, 110 Statutes at Large 1936, shall use a unique 
  4.20  identification number to identify an individual health care 
  4.21  provider no later than 36 months after the date on which a 
  4.22  unique health identifier for health care providers is adopted or 
  4.23  established under sections 1171 to 1179 of Public Law Number 
  4.24  104-191, 110 Statutes at Large 1936. 
  4.25     (c) The first eight digits of the national provider 
  4.26  identifier maintained by the federal Health Care Financing 
  4.27  Administration's national provider system unique health 
  4.28  identifier for health care providers adopted or established by 
  4.29  the federal Secretary of Health and Human Services under 
  4.30  sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
  4.31  at Large 1936 (1996 and subsequent amendments), shall be used as 
  4.32  the unique identification number for individual health care 
  4.33  providers.  
  4.34     (c) (d) Individual providers required to have a national 
  4.35  provider unique health identifier are:  
  4.36     (1) physicians licensed under chapter 147; 
  5.1      (2) dentists licensed under chapter 150A; 
  5.2      (3) chiropractors licensed under chapter 148; 
  5.3      (4) podiatrists licensed under chapter 153; 
  5.4      (5) physician assistants as defined under section 147A.01; 
  5.5      (6) advanced practice nurses as defined under section 
  5.6   62A.15; 
  5.7      (7) doctors of optometry licensed under section 148.57; 
  5.8      (8) pharmacists licensed under chapter 151; 
  5.9      (8) (9) individual providers who may bill Medicare for 
  5.10  medical and other health services as defined in United States 
  5.11  Code, title 42, section 1395x(s); and 
  5.12     (9) (10) individual providers who are providers for state 
  5.13  and federal health care programs administered by the 
  5.14  commissioner of human services; and 
  5.15     (11) other individual providers as required by the federal 
  5.16  Secretary of Health and Human Services under sections 1171 to 
  5.17  1179 of Public Law Number 104-191, 110 Statutes at Large 1936 
  5.18  (1996 and subsequent amendments). 
  5.19     Providers shall obtain a national provider unique health 
  5.20  identifier from the federal Health Care Financing Administration 
  5.21  Secretary of Health and Human Services using the Health Care 
  5.22  Financing Administration's prescribed process prescribed by the 
  5.23  Secretary.  
  5.24     (d) (e) Only the unique individual health care provider 
  5.25  identifier shall be used for purposes of submitting and 
  5.26  receiving claims, and in conjunction with other data collection 
  5.27  and reporting functions. 
  5.28     (e) The state and federal health care programs administered 
  5.29  by the department of human services shall use the unique 
  5.30  identification number assigned to health care providers for 
  5.31  implementation of the Medicaid Management Information System or 
  5.32  the national provider identifier maintained by the federal 
  5.33  Health Care Financing Administration. 
  5.34     (f) The commissioner of health may become a subscriber to 
  5.35  contract with the federal Health Care Financing Administration's 
  5.36  national provider system Secretary of Health and Human Services 
  6.1   or the Secretary's agent to implement this subdivision. 
  6.2      Subd. 3.  [UNIQUE IDENTIFICATION NUMBER FOR GROUP 
  6.3   PURCHASERS.] (a) On and after January 1, 1998 Not later than 24 
  6.4   months after the date on which a unique health identifier for 
  6.5   employers and health plans is adopted or established under 
  6.6   sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
  6.7   at Large 1936, all group purchasers and health care providers in 
  6.8   Minnesota shall use a unique identification number to identify 
  6.9   group purchasers, except as provided in paragraph (b). 
  6.10     (b) Small health plans, as defined by the federal Secretary 
  6.11  of Health and Human Services under section 1175 of Public Law 
  6.12  Number 104-191, 110 Statutes at Large 1936, shall use a unique 
  6.13  identification number to identify group purchasers no later than 
  6.14  36 months after the date on which a unique health identifier for 
  6.15  employers and health plans is adopted or established under 
  6.16  sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
  6.17  at Large 1936.  
  6.18     (c) The payer identification number assigned for the 
  6.19  federal Health Care Financing Administration's PAYERID system 
  6.20  unique health identifier for health plans and employers adopted 
  6.21  or established by the federal Secretary of Health and Human 
  6.22  Services under sections 1171 to 1179 of Public Law Number 
  6.23  104-191, 110 Statutes at Large 1936 (1996 and subsequent 
  6.24  amendments), shall be used as the unique identification number 
  6.25  for group purchasers.  
  6.26     (c) (d) Group purchasers shall obtain a payer unique health 
  6.27  identifier number from the federal Health Care Financing 
  6.28  Administration Secretary of Health and Human Services using 
  6.29  the Health Care Financing Administration's prescribed 
  6.30  process prescribed by the Secretary. 
  6.31     (d) (e) The unique group purchaser identifier, as described 
  6.32  in this section, shall be used for purposes of submitting and 
  6.33  receiving claims, and in conjunction with other data collection 
  6.34  and reporting functions. 
  6.35     (e) (f) The commissioner of health may become a registry 
  6.36  user to contract with the federal Health Care Financing 
  7.1   Administration's PAYERID system Secretary of Health and Human 
  7.2   Services or the Secretary's agent to implement this subdivision. 
  7.3      Subd. 4.  [UNIQUE PATIENT IDENTIFICATION NUMBER.] (a) On 
  7.4   and after January 1, 1998 Not later than 24 months after the 
  7.5   date on which a unique health identifier for individuals is 
  7.6   adopted or established under sections 1171 to 1179 of Public Law 
  7.7   Number 104-191, 110 Statutes at Large 1936, all group purchasers 
  7.8   and health care providers in Minnesota shall use a unique 
  7.9   identification number to identify each patient who receives 
  7.10  health care services in Minnesota, except as provided in 
  7.11  paragraph (e) (b). 
  7.12     (b) Except as provided in paragraph (d), following the 
  7.13  recommendation of the workgroup for electronic data interchange, 
  7.14  the social security number of the patient Small health plans, as 
  7.15  defined by the federal Secretary of Health and Human Services 
  7.16  under section 1175 of Public Law Number 104-191, 110 Statutes at 
  7.17  Large 1936, shall use a unique identification number to identify 
  7.18  each patient who receives health care services in Minnesota no 
  7.19  later than 36 months after the date on which a unique health 
  7.20  identifier for individuals is adopted or established under 
  7.21  sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
  7.22  at Large 1936. 
  7.23     (c) The unique health identifier for individuals adopted or 
  7.24  established by the federal Secretary of Health and Human 
  7.25  Services under sections 1171 to 1179 of Public Law Number 
  7.26  104-191, 110 Statutes at Large 1936 (1996 and subsequent 
  7.27  amendments), shall be used as the unique patient identification 
  7.28  number, except as provided in paragraphs (e) and (f). 
  7.29     (c) (d) The unique patient identification number shall be 
  7.30  used by group purchasers and health care providers for purposes 
  7.31  of submitting and receiving claims, and in conjunction with 
  7.32  other data collection and reporting functions. 
  7.33     (d) The commissioner shall develop an alternate numbering 
  7.34  system for patients who do not have or refuse to provide a 
  7.35  social security number.  This provision does not require that 
  7.36  patients provide their social security numbers and does not 
  8.1   require group purchasers or providers to demand that patients 
  8.2   provide their social security numbers.  Group purchasers and 
  8.3   health care providers shall establish procedures to notify 
  8.4   patients that they can elect not to have their social security 
  8.5   number used as the unique patient identification number. 
  8.6      (e) The state and federal health care programs administered 
  8.7   by the department of human services shall use the unique person 
  8.8   master index (PMI) identification number assigned to clients 
  8.9   participating in programs administered by the department of 
  8.10  human services.  Within the limits of available appropriations, 
  8.11  the commissioner shall develop a proposal for an alternate 
  8.12  numbering system for patients who do not have or refuse to 
  8.13  provide their social security numbers, if: 
  8.14     (1) a unique health identifier for individuals is adopted 
  8.15  or established under sections 1171 to 1179 of Public Law Number 
  8.16  104-191, 110 Statutes at Large 1936; 
  8.17     (2) the unique health identifier is the social security 
  8.18  number of the patient; 
  8.19     (3) there is no federal alternate numbering system for 
  8.20  patients who do not have or refuse to provide their social 
  8.21  security numbers; and 
  8.22     (4) federal law or the federal Secretary of Health and 
  8.23  Human Services explicitly allows a state to develop an alternate 
  8.24  numbering system for patients who do not have or refuse to 
  8.25  provide their social security numbers. 
  8.26     (f) If an alternate numbering system is developed under 
  8.27  paragraph (e), patients who use numbers issued by the alternate 
  8.28  numbering system are not required to provide their social 
  8.29  security numbers and group purchasers or providers may not 
  8.30  demand the social security numbers of patients who provide 
  8.31  numbers issued by the alternate numbering system.  If an 
  8.32  alternate numbering system is developed under paragraph (e), 
  8.33  group purchasers and health care providers shall establish 
  8.34  procedures to notify patients that they can elect not to have 
  8.35  their social security number used as the unique patient 
  8.36  identifier. 
  9.1      (g)  The commissioner of health may contract with the 
  9.2   federal Secretary of Health and Human Services or the 
  9.3   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.  At the time of the birth of a child to a 
 10.34  woman who was not married to the child's father when the child 
 10.35  was conceived nor when the child was born, the mother may 
 10.36  designate on the birth registration form whether data pertaining 
 11.1   to the birth will be public data.  Notwithstanding the 
 11.2   designation of the data as confidential, it may be disclosed: 
 11.3      (1) to a parent or guardian of the child,; 
 11.4      (2) to the child when the child is 18 years of age or 
 11.5   older,; 
 11.6      (3) under paragraph (b); or 
 11.7      (4) pursuant to a court order, or under paragraph (b).  For 
 11.8   purposes of this section, a subpoena does not constitute a court 
 11.9   order. 
 11.10     (b) Unless the child is adopted, data pertaining to the 
 11.11  birth of a child that are not accessible to the public become 
 11.12  public data if 100 years have elapsed since the birth of the 
 11.13  child who is the subject of the data, or as provided under 
 11.14  section 13.10, whichever occurs first. 
 11.15     (c) If a child is adopted, data pertaining to the child's 
 11.16  birth are governed by the provisions relating to adoption 
 11.17  records, including sections 13.10, subdivision 5; 144.1761; 
 11.18  144.218, subdivision 1; and 259.89.  The birth and death records 
 11.19  of the commissioner of health shall be open to inspection by the 
 11.20  commissioner of human services and it shall not be necessary for 
 11.21  the commissioner of human services to obtain an order of the 
 11.22  court in order to inspect records or to secure certified copies 
 11.23  of them.  
 11.24     (d) The name and address of a mother under paragraph (a) 
 11.25  and the child's date of birth may be disclosed to the county 
 11.26  social services or public health member of a family services 
 11.27  collaborative for purposes of providing services under section 
 11.28  121.8355. 
 11.29     Sec. 10.  Minnesota Statutes 1996, section 144.225, is 
 11.30  amended by adding a subdivision to read: 
 11.31     Subd. 7.  [CERTIFIED COPY OF BIRTH OR DEATH 
 11.32  CERTIFICATE.] The state or local registrar shall issue a 
 11.33  certified copy of a birth or death certificate to an individual 
 11.34  upon the individual's proper completion of an affidavit provided 
 11.35  by the commissioner: 
 11.36     (1) to a person who has a tangible interest in the 
 12.1   requested certificate.  A person who has a tangible interest is: 
 12.2      (i) the subject of the certificate; 
 12.3      (ii) a child of the subject; 
 12.4      (iii) the spouse of the subject; 
 12.5      (iv) a parent of the subject, unless the parent is a birth 
 12.6   parent whose parental rights have been terminated; 
 12.7      (v) the legal custodian or guardian of the subject; 
 12.8      (vi) a personal representative of the estate of the subject 
 12.9   or a successor of the subject, as defined in section 524.1-201, 
 12.10  if the subject is deceased; 
 12.11     (vii) a representative authorized by a person under clauses 
 12.12  (1) to (3); or 
 12.13     (viii) a person who demonstrates that a certified copy of 
 12.14  the certificate is necessary for the determination or protection 
 12.15  of a personal or property right, pursuant to rules adopted by 
 12.16  the commissioner; 
 12.17     (2) to any local, state, or federal governmental agency 
 12.18  upon request if the certified certificate is necessary for the 
 12.19  governmental agency to perform its authorized duties.  An 
 12.20  authorized governmental agency includes the department of human 
 12.21  services, the department of revenue, and the United States 
 12.22  Immigration and Naturalization Service; or 
 12.23     (3) pursuant to a court order issued by a court of 
 12.24  competent jurisdiction.  For purposes of this section, a 
 12.25  subpoena does not constitute a court order. 
 12.26     Sec. 11.  Minnesota Statutes 1996, section 144.225, is 
 12.27  amended by adding a subdivision to read: 
 12.28     Subd. 8.  [STANDARDIZED FORMAT FOR CERTIFIED BIRTH AND 
 12.29  DEATH CERTIFICATES.] No later than July 1, 2000, the 
 12.30  commissioner shall develop a standardized format for certified 
 12.31  birth certificates and death certificates issued by state and 
 12.32  local registrars.  The format shall incorporate security 
 12.33  features in accordance with this section.  The standardized 
 12.34  format must be implemented on a statewide basis by July 1, 2001. 
 12.35     Sec. 12.  Minnesota Statutes 1996, section 144.9504, 
 12.36  subdivision 2, is amended to read: 
 13.1      Subd. 2.  [LEAD INSPECTION.] (a) An inspecting agency shall 
 13.2   conduct a lead inspection of a residence according to the venous 
 13.3   blood lead level and time frame set forth in clauses (1) to (4) 
 13.4   for purposes of secondary prevention:  
 13.5      (1) within 48 hours of a child or pregnant female in the 
 13.6   residence being identified to the agency as having a venous 
 13.7   blood lead level equal to or greater than 70 micrograms of lead 
 13.8   per deciliter of whole blood; 
 13.9      (2) within five working days of a child or pregnant female 
 13.10  in the residence being identified to the agency as having a 
 13.11  venous blood lead level equal to or greater than 45 micrograms 
 13.12  of lead per deciliter of whole blood; 
 13.13     (3) within ten working days of a child or pregnant female 
 13.14  in the residence being identified to the agency as having a 
 13.15  venous blood lead level equal to or greater than 20 micrograms 
 13.16  of lead per deciliter of whole blood; or 
 13.17     (4) within ten working days of a child or pregnant female 
 13.18  in the residence being identified to the agency as having a 
 13.19  venous blood lead level that persists in the range of 15 to 19 
 13.20  micrograms of lead per deciliter of whole blood for 90 days 
 13.21  after initial identification.  
 13.22     (b) Within the limits of available state and federal 
 13.23  appropriations, an inspecting agency may also conduct a lead 
 13.24  inspection for children with any elevated blood lead level.  
 13.25     (c) In a building with two or more dwelling units, an 
 13.26  inspecting agency shall inspect the individual unit in which the 
 13.27  conditions of this section are met and shall also inspect all 
 13.28  common areas.  If a child visits one or more other sites such as 
 13.29  another residence, or a residential or commercial child care 
 13.30  facility, playground, or school, the inspecting agency shall 
 13.31  also inspect the other sites.  The inspecting agency shall have 
 13.32  one additional day added to the time frame set forth in this 
 13.33  subdivision to complete the lead inspection for each additional 
 13.34  site.  
 13.35     (d) Within the limits of appropriations, the inspecting 
 13.36  agency shall identify the known addresses for the previous 12 
 14.1   months of the child or pregnant female with elevated venous 
 14.2   blood lead levels of at least 20 micrograms per deciliter for 
 14.3   the child or at least ten micrograms per deciliter for the 
 14.4   pregnant female; notify the property owners, landlords, and 
 14.5   tenants at those addresses that an elevated blood lead level was 
 14.6   found in a person who resided at the property; and give them a 
 14.7   copy of the lead inspection guide.  The inspecting agency shall 
 14.8   provide the notice required by this subdivision without 
 14.9   identifying the child or pregnant female with the elevated blood 
 14.10  lead level.  The inspecting agency is not required to obtain the 
 14.11  consent of the child's parent or guardian or the consent of the 
 14.12  pregnant female for purposes of this subdivision.  This 
 14.13  information shall be classified as private data on individuals 
 14.14  as defined under section 13.02, subdivision 12.  
 14.15     (e) The inspecting agency shall conduct the lead inspection 
 14.16  according to rules adopted by the commissioner under section 
 14.17  144.9508.  An inspecting agency shall have lead inspections 
 14.18  performed by lead inspectors licensed by the commissioner 
 14.19  according to rules adopted under section 144.9508.  If a 
 14.20  property owner refuses to allow an inspection, the inspecting 
 14.21  agency shall begin legal proceedings to gain entry to the 
 14.22  property and the time frame for conducting a lead inspection set 
 14.23  forth in this subdivision no longer applies.  An inspector or 
 14.24  inspecting agency may observe the performance of lead hazard 
 14.25  reduction in progress and shall enforce the provisions of this 
 14.26  section under section 144.9509.  Deteriorated painted surfaces, 
 14.27  bare soil, dust, and drinking water must be tested with 
 14.28  appropriate analytical equipment to determine the lead content, 
 14.29  except that deteriorated painted surfaces or bare soil need not 
 14.30  be tested if the property owner agrees to engage in lead hazard 
 14.31  reduction on those surfaces.  
 14.32     (f) A lead inspector shall notify the commissioner and the 
 14.33  board of health of all violations of lead standards under 
 14.34  section 144.9508, that are identified in a lead inspection 
 14.35  conducted under this section.  
 14.36     (g) Each inspecting agency shall establish an 
 15.1   administrative appeal procedure which allows a property owner to 
 15.2   contest the nature and conditions of any lead order issued by 
 15.3   the inspecting agency.  Inspecting agencies must consider 
 15.4   appeals that propose lower cost methods that make the residence 
 15.5   lead safe. 
 15.6      (h) Sections 144.9501 to 144.9509 neither authorize nor 
 15.7   prohibit an inspecting agency from charging a property owner for 
 15.8   the cost of a lead inspection. 
 15.9      Sec. 13.  Minnesota Statutes 1996, section 145.90, 
 15.10  subdivision 2, is amended to read: 
 15.11     Subd. 2.  [ACCESS TO DATA.] (a) Until July 1, 1997 2000, 
 15.12  the commissioner of health has access to medical data as defined 
 15.13  in section 13.42, subdivision 1, paragraph (b), medical examiner 
 15.14  data as defined in section 13.83, subdivision 1, and health 
 15.15  records created, maintained, or stored by providers as defined 
 15.16  in section 144.335, subdivision 1, paragraph (b), without the 
 15.17  consent of the subject of the data, and without the consent of 
 15.18  the parent, spouse, other guardian, or legal representative of 
 15.19  the subject of the data, when the subject of the data is: 
 15.20     (1) a fetus that showed no signs of life at the time of 
 15.21  delivery, was 20 or more weeks of gestation at the time of 
 15.22  delivery, and was not delivered by an induced abortion; 
 15.23     (2) a liveborn infant that died within the first two years 
 15.24  of life; 
 15.25     (3) a woman who died during a pregnancy or within 12 months 
 15.26  of a fetal death, a live birth, or other termination of a 
 15.27  pregnancy; or 
 15.28     (4) the biological mother of a fetus or infant as described 
 15.29  in clause (1) or (2). 
 15.30     The commissioner only has access to medical data and health 
 15.31  records related to deaths or stillbirths that occur on or after 
 15.32  July 1, 1994.  With respect to data under clause (4), the 
 15.33  commissioner only has access to medical data and health records 
 15.34  that contain information that bears upon the pregnancy and the 
 15.35  outcome of the pregnancy. 
 15.36     (b) The provider or responsible authority that creates, 
 16.1   maintains, or stores the data shall furnish the data upon the 
 16.2   request of the commissioner.  The provider or responsible 
 16.3   authority may charge a fee for providing data, not to exceed the 
 16.4   actual cost of retrieving and duplicating the data. 
 16.5      (c) The commissioner shall make a good faith reasonable 
 16.6   effort to notify the subject of the data, or the parent, spouse, 
 16.7   other guardian, or legal representative of the subject of the 
 16.8   data, before collecting data on the subject.  For purposes of 
 16.9   this paragraph, "reasonable effort" includes: 
 16.10     (1) one visit by a public health nurse to the last known 
 16.11  address of the data subject, or the parent, spouse, or guardian; 
 16.12  and 
 16.13     (2) if the public health nurse is unable to contact the 
 16.14  data subject, or the parent, spouse, or guardian, one notice by 
 16.15  certified mail to the last known address of the data subject, or 
 16.16  the parent, spouse, or guardian. 
 16.17     (d) The commissioner does not have access to coroner or 
 16.18  medical examiner data that are part of an active investigation 
 16.19  as described in section 13.83. 
 16.20     Sec. 14.  [EFFECTIVE DATE.] 
 16.21     Sections 7 and 8 are effective August 1, 1998.  Section 10 
 16.22  is effective August 1, 2000.  Section 13 is effective the day 
 16.23  following final enactment.