HF 831

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 04:02pm

A bill for an act
relating to health; modifying circumstances under which health records may be
released without patient consent; amending Minnesota Statutes 2018, section
144.293, subdivision 5.

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

Section 1.

Minnesota Statutes 2018, section 144.293, subdivision 5, is amended to read:

Subd. 5.

Exceptions to consent requirement.

(a) This section does not prohibit the
release of health records:

(1) for a medical emergency when the provider is unable to obtain the patient's consent
due to the patient's condition or the nature of the medical emergency;

(2) deleted text begin to other providers within related health care entities when necessary for the current
treatment of the patient deleted text end new text begin by those entities or individuals subject to Code of Federal
Regulations, title 45, part 164, subpart E, for treatment, payment, or health care operations
consistent with subpart E new text end ; or

(3) to a health care facility licensed by this chapter, chapter 144A, or to the same types
of health care facilities licensed by this chapter and chapter 144A that are licensed in another
state when a patient:

(i) is returning to the health care facility and unable to provide consent; or

(ii) who resides in the health care facility, has services provided by an outside resource
under Code of Federal Regulations, title 42, section 483.75(h), and is unable to provide
consent.

(b) A provider may release a deceased patient's health care records to another provider
for the purposes of diagnosing or treating the deceased patient's surviving adult child.