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HF 824

as introduced - 88th Legislature (2013 - 2014) Posted on 06/21/2017 11:01am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to health; modifying provisions of the Minnesota Health Records Act;
amending Minnesota Statutes 2012, sections 72A.501, subdivision 4; 72A.502,
subdivision 6; 144.291, subdivision 2; 144.293, subdivisions 2, 3, 5, 8; 144.295,
subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 72A.501, subdivision 4, is amended to read:


Subd. 4.

Authorization; noninsurers.

If an authorization is submitted to an insurer,
insurance-support organization, or insurance agent by a person other than an insurer,
insurance-support organization, or insurance agent, the authorization must be dated, and
signed by the person, and obtained one year or less before the date a disclosure is sought
is valid for one year, or for a period specified in the authorization, or for a period as
provided in law
.

Sec. 2.

Minnesota Statutes 2012, section 72A.502, subdivision 6, is amended to read:


Subd. 6.

Other laws or order.

Personal or privileged information may be disclosed
without a written authorization if permitted or required by another state or federal law or
regulation or in response to a facially valid administrative or judicial order, including a
search warrant or subpoena.

Sec. 3.

Minnesota Statutes 2012, section 144.291, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For the purposes of sections 144.291 to 144.298, the following
terms have the meanings given.

(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

(b) "Health information exchange" means a legal arrangement between health care
providers and group purchasers to enable and oversee the business and legal issues
involved in the electronic exchange of health records between the entities for the delivery
of patient care.

(c) "Health record" means any information, whether oral or recorded in any form or
medium, that relates to the past, present, or future physical or mental health or condition of
a patient; the provision of health care to a patient; or the past, present, or future payment for
the provision of health care to a patient
protected health information as defined in HIPAA.

(d) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996,
title II, subtitle F, as amended and including federal regulations adopted under that act.

(d) (e) "Identifying information" means the patient's name, address, date of birth,
gender, parent's or guardian's name regardless of the age of the patient, and other
nonclinical data which can be used to uniquely identify a patient.

(e) (f) "Individually identifiable form" means a form in which the patient is or can be
identified as the subject of the health records.

(f) (g) "Medical emergency" means medically necessary care which is immediately
needed to preserve life, prevent serious impairment to bodily functions, organs, or parts,
or prevent placing the physical or mental health of the patient in serious jeopardy.

(g) (h) "Patient" means a natural person who has received health care services from
a provider for treatment or examination of a medical, psychiatric, or mental condition,
the surviving spouse and parents of a deceased patient, or a person the patient appoints in
writing as a representative, including a health care agent acting according to chapter 145C,
unless the authority of the agent has been limited by the principal in the principal's health
care directive. Except for minors who have received health care services under sections
144.341 to 144.347, in the case of a minor, patient includes a parent or guardian, or a
person acting as a parent or guardian in the absence of a parent or guardian.

(h) (i) "Provider" means:

(1) any person who furnishes health care services and is regulated to furnish the
services under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148D, 148F, 150A,
151, 153, or 153A;

(2) a home care provider licensed under section 144A.46;

(3) a health care facility licensed under this chapter or chapter 144A; and

(4) a physician assistant registered under chapter 147A.

(i) (j) "Record locator service" means an electronic index of patient identifying
information that directs providers in a health information exchange to the location of
patient health records held by providers and group purchasers.

(j) (k) "Related health care entity" means an affiliate, as defined in section 144.6521,
subdivision 3
, paragraph (b), of the provider releasing the health records.

Sec. 4.

Minnesota Statutes 2012, section 144.293, subdivision 2, is amended to read:


Subd. 2.

Patient consent to release of records.

A provider, or a person who
receives health records from a provider, may not release a patient's health records to a
person without:

(1) without a signed and dated consent from the patient or the patient's legally
authorized representative authorizing the release;

(2) unless permitted or required under HIPAA or specific authorization in other
applicable federal or state
law; or

(3) without a representation from a provider that holds a signed and dated consent
from the patient authorizing the release.

Sec. 5.

Minnesota Statutes 2012, section 144.293, subdivision 3, is amended to read:


Subd. 3.

Release from one provider to another.

In addition to release or disclosure
of health records authorized under subdivision 2,
a patient's health record, including, but
not limited to, laboratory reports, x-rays, prescriptions, and other technical information
used in assessing the patient's condition, or the pertinent portion of the record relating to
a specific condition, or a summary of the record, shall promptly be furnished to another
provider upon the written request of the patient. The written request shall specify the name
of the provider to whom the health record is to be furnished. The provider who furnishes
the health record or summary may retain a copy of the materials furnished. The patient
shall be responsible for the reasonable costs of furnishing the information.

Sec. 6.

Minnesota Statutes 2012, section 144.293, subdivision 5, is amended to read:


Subd. 5.

Exceptions to consent requirement.

In addition to release or disclosure of
health records authorized under subdivision 2,
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) to other providers within or related health care entities when necessary for the
current treatment of the patient; 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.

Sec. 7.

Minnesota Statutes 2012, section 144.293, subdivision 8, is amended to read:


Subd. 8.

Record locator service.

(a) In addition to release or disclosure of health
records authorized under subdivision 2,
a provider or group purchaser may release patient
identifying information and information about the location of the patient's health records
to a record locator service without consent from the patient, unless the patient has elected
to be excluded from the service under paragraph (d). The Department of Health may not
access the record locator service or receive data from the record locator service. Only a
provider may have access to patient identifying information in a record locator service.
Except in the case of a medical emergency, a provider participating in a health information
exchange using a record locator service does not have access to patient identifying
information and information about the location of the patient's health records unless the
patient specifically consents to the access. A consent does not expire but may be revoked
by the patient at any time by providing written notice of the revocation to the provider.

(b) A health information exchange maintaining a record locator service must
maintain an audit log of providers accessing information in a record locator service that
at least contains information on:

(1) the identity of the provider accessing the information;

(2) the identity of the patient whose information was accessed by the provider; and

(3) the date the information was accessed.

(c) No group purchaser may in any way require a provider to participate in a record
locator service as a condition of payment or participation.

(d) A provider or an entity operating a record locator service must provide
a mechanism under which patients may exclude their identifying information and
information about the location of their health records from a record locator service. At
a minimum, a consent form that permits a provider to access a record locator service
must include a conspicuous check-box option that allows a patient to exclude all of the
patient's information from the record locator service. A provider participating in a health
information exchange with a record locator service who receives a patient's request to
exclude all of the patient's information from the record locator service or to have a specific
provider contact excluded from the record locator service is responsible for removing that
information from the record locator service.

Sec. 8.

Minnesota Statutes 2012, section 144.295, subdivision 1, is amended to read:


Subdivision 1.

Methods of release.

(a) Notwithstanding section 144.293,
subdivisions 2 and 4
In addition to release or disclosure of health records authorized
under section 144.293
, health records may be released to an external researcher solely for
purposes of medical or scientific research only as follows:

(1) health records generated before January 1, 1997, may be released if the patient
has not objected or does not elect to object after that date;

(2) for health records generated on or after January 1, 1997, the provider must:

(i) disclose in writing to patients currently being treated by the provider that health
records, regardless of when generated, may be released and that the patient may object, in
which case the records will not be released; and

(ii) use reasonable efforts to obtain the patient's written general authorization that
describes the release of records in item (i), which does not expire but may be revoked or
limited in writing at any time by the patient or the patient's authorized representative;

(3) the provider must advise the patient of the rights specified in clause (4); and

(4) the provider must, at the request of the patient, provide information on how the
patient may contact an external researcher to whom the health record was released and
the date it was released.

(b) Authorization may be established if an authorization is mailed at least two
times to the patient's last known address with a postage prepaid return envelope and a
conspicuous notice that the patient's medical records may be released if the patient does
not object, and at least 60 days have expired since the second notice was sent.

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