SF 519

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; providing for 
  1.3             release of certain private data to county human and 
  1.4             social services departments, and entities under 
  1.5             contract to them, in order to coordinate benefits and 
  1.6             services; amending Minnesota Statutes 2002, sections 
  1.7             13.3805, subdivision 1; 13.3806, subdivision 1; 
  1.8             13.384, subdivision 3; 13.46, subdivision 2; 13.461, 
  1.9             subdivision 1; 13.85, subdivision 2; 197.603, 
  1.10            subdivision 2. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 13.3805, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [HEALTH DATA GENERALLY.] (a)  
  1.15  [DEFINITIONS.] As used in this subdivision: 
  1.16     (1) "Commissioner" means the commissioner of health. 
  1.17     (2) "Health data" means data on individuals created, 
  1.18  collected, received, or maintained by the department of health, 
  1.19  political subdivisions, or statewide systems relating to the 
  1.20  identification, description, prevention, and control of disease 
  1.21  or as part of an epidemiologic investigation the commissioner 
  1.22  designates as necessary to analyze, describe, or protect the 
  1.23  public health.  
  1.24     (b)  [DATA ON INDIVIDUALS.] (1) Health data are private 
  1.25  data on individuals.  Notwithstanding section 13.05, subdivision 
  1.26  9, health data may not be disclosed except as provided in this 
  1.27  subdivision and section 13.04.  Health data may also be 
  1.28  disclosed to county personnel, or entities under contract with 
  2.1   the county, who provide welfare, public health, corrections, or 
  2.2   veterans services and who require access to private data on 
  2.3   individuals in order to coordinate services provided to those 
  2.4   individuals.  
  2.5      (2) The commissioner or a local board of health as defined 
  2.6   in section 145A.02, subdivision 2, may disclose health data to 
  2.7   the data subject's physician as necessary to locate or identify 
  2.8   a case, carrier, or suspect case, to establish a diagnosis, to 
  2.9   provide treatment, to identify persons at risk of illness, or to 
  2.10  conduct an epidemiologic investigation. 
  2.11     (3) With the approval of the commissioner, health data may 
  2.12  be disclosed to the extent necessary to assist the commissioner 
  2.13  to locate or identify a case, carrier, or suspect case, to alert 
  2.14  persons who may be threatened by illness as evidenced by 
  2.15  epidemiologic data, to control or prevent the spread of serious 
  2.16  disease, or to diminish an imminent threat to the public health. 
  2.17     (c)  [HEALTH SUMMARY DATA.] Summary data derived from data 
  2.18  collected under section 145.413 may be provided under section 
  2.19  13.05, subdivision 7. 
  2.20     Sec. 2.  Minnesota Statutes 2002, section 13.3806, 
  2.21  subdivision 1, is amended to read: 
  2.22     Subdivision 1.  [SCOPE.] The sections referred to in 
  2.23  subdivisions 2 to 20 are codified outside this chapter.  Those 
  2.24  sections classify data on public health as other than public, 
  2.25  place restrictions on access to government data, or involve data 
  2.26  sharing.  Notwithstanding any contrary provision of law, public 
  2.27  health data may be disclosed to county personnel, or entities 
  2.28  under contract with the county, who provide welfare, public 
  2.29  health, corrections, or veterans services and who require access 
  2.30  to private data on individuals in order to coordinate the 
  2.31  services provided to those individuals. 
  2.32     Sec. 3.  Minnesota Statutes 2002, section 13.384, 
  2.33  subdivision 3, is amended to read: 
  2.34     Subd. 3.  [CLASSIFICATION OF MEDICAL DATA.] Unless the data 
  2.35  is summary data or a statute specifically provides a different 
  2.36  classification, medical data are private but are available only 
  3.1   to the subject of the data as provided in section 144.335, and 
  3.2   shall not be disclosed to others except: 
  3.3      (a) Pursuant to section 13.05; 
  3.4      (b) Pursuant to section 253B.0921; 
  3.5      (c) Pursuant to a valid court order; 
  3.6      (d) To administer federal funds or programs; 
  3.7      (e) To the surviving spouse, parents, children, and 
  3.8   siblings of a deceased patient or client or, if there are no 
  3.9   surviving spouse, parents, children, or siblings, to the 
  3.10  surviving heirs of the nearest degree of kindred; 
  3.11     (f) To communicate a patient's or client's condition to a 
  3.12  family member or other appropriate person in accordance with 
  3.13  acceptable medical practice, unless the patient or client 
  3.14  directs otherwise; or 
  3.15     (g) To county personnel, or entities under contract with 
  3.16  the county, who provide welfare, public health, corrections, or 
  3.17  veterans services and who require access to private data on 
  3.18  individuals in order to coordinate the services provided to 
  3.19  those individuals; or 
  3.20     (h) As otherwise required by law.  
  3.21     Sec. 4.  Minnesota Statutes 2002, section 13.46, 
  3.22  subdivision 2, is amended to read: 
  3.23     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  3.24  a statute specifically provides a different classification, data 
  3.25  on individuals collected, maintained, used, or disseminated by 
  3.26  the welfare system is private data on individuals, and shall not 
  3.27  be disclosed except:  
  3.28     (1) according to section 13.05; 
  3.29     (2) according to court order; 
  3.30     (3) according to a statute specifically authorizing access 
  3.31  to the private data; 
  3.32     (4) to an agent of the welfare system, including a law 
  3.33  enforcement person, attorney, or investigator acting for it in 
  3.34  the investigation or prosecution of a criminal or civil 
  3.35  proceeding relating to the administration of a program; 
  3.36     (5) to personnel of the welfare system who require the data 
  4.1   to determine eligibility, amount of assistance, and the need to 
  4.2   provide services of additional programs to the individual; 
  4.3      (6) to administer federal funds or programs; 
  4.4      (7) between personnel of the welfare system working in the 
  4.5   same program; 
  4.6      (8) the amounts of cash public assistance and relief paid 
  4.7   to welfare recipients in this state, including their names, 
  4.8   social security numbers, income, addresses, and other data as 
  4.9   required, upon request by the department of revenue to 
  4.10  administer the property tax refund law, supplemental housing 
  4.11  allowance, early refund of refundable tax credits, and the 
  4.12  income tax.  "Refundable tax credits" means the dependent care 
  4.13  credit under section 290.067, the Minnesota working family 
  4.14  credit under section 290.0671, the property tax refund under 
  4.15  section 290A.04, and, if the required federal waiver or waivers 
  4.16  are granted, the federal earned income tax credit under section 
  4.17  32 of the Internal Revenue Code; 
  4.18     (9) between the department of human services, the 
  4.19  department of children, families, and learning, and the 
  4.20  department of economic security for the purpose of monitoring 
  4.21  the eligibility of the data subject for unemployment benefits, 
  4.22  for any employment or training program administered, supervised, 
  4.23  or certified by that agency, for the purpose of administering 
  4.24  any rehabilitation program or child care assistance program, 
  4.25  whether alone or in conjunction with the welfare system, or to 
  4.26  monitor and evaluate the Minnesota family investment program by 
  4.27  exchanging data on recipients and former recipients of food 
  4.28  stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
  4.29  child care assistance under chapter 119B, or medical programs 
  4.30  under chapter 256B, 256D, or 256L; 
  4.31     (10) to appropriate parties in connection with an emergency 
  4.32  if knowledge of the information is necessary to protect the 
  4.33  health or safety of the individual or other individuals or 
  4.34  persons; 
  4.35     (11) data maintained by residential programs as defined in 
  4.36  section 245A.02 may be disclosed to the protection and advocacy 
  5.1   system established in this state according to Part C of Public 
  5.2   Law Number 98-527 to protect the legal and human rights of 
  5.3   persons with mental retardation or other related conditions who 
  5.4   live in residential facilities for these persons if the 
  5.5   protection and advocacy system receives a complaint by or on 
  5.6   behalf of that person and the person does not have a legal 
  5.7   guardian or the state or a designee of the state is the legal 
  5.8   guardian of the person; 
  5.9      (12) to the county medical examiner or the county coroner 
  5.10  for identifying or locating relatives or friends of a deceased 
  5.11  person; 
  5.12     (13) data on a child support obligor who makes payments to 
  5.13  the public agency may be disclosed to the higher education 
  5.14  services office to the extent necessary to determine eligibility 
  5.15  under section 136A.121, subdivision 2, clause (5); 
  5.16     (14) participant social security numbers and names 
  5.17  collected by the telephone assistance program may be disclosed 
  5.18  to the department of revenue to conduct an electronic data match 
  5.19  with the property tax refund database to determine eligibility 
  5.20  under section 237.70, subdivision 4a; 
  5.21     (15) the current address of a Minnesota family investment 
  5.22  program participant may be disclosed to law enforcement officers 
  5.23  who provide the name of the participant and notify the agency 
  5.24  that: 
  5.25     (i) the participant: 
  5.26     (A) is a fugitive felon fleeing to avoid prosecution, or 
  5.27  custody or confinement after conviction, for a crime or attempt 
  5.28  to commit a crime that is a felony under the laws of the 
  5.29  jurisdiction from which the individual is fleeing; or 
  5.30     (B) is violating a condition of probation or parole imposed 
  5.31  under state or federal law; 
  5.32     (ii) the location or apprehension of the felon is within 
  5.33  the law enforcement officer's official duties; and 
  5.34     (iii)  the request is made in writing and in the proper 
  5.35  exercise of those duties; 
  5.36     (16) the current address of a recipient of general 
  6.1   assistance or general assistance medical care may be disclosed 
  6.2   to probation officers and corrections agents who are supervising 
  6.3   the recipient and to law enforcement officers who are 
  6.4   investigating the recipient in connection with a felony level 
  6.5   offense; 
  6.6      (17) information obtained from food stamp applicant or 
  6.7   recipient households may be disclosed to local, state, or 
  6.8   federal law enforcement officials, upon their written request, 
  6.9   for the purpose of investigating an alleged violation of the 
  6.10  Food Stamp Act, according to Code of Federal Regulations, title 
  6.11  7, section 272.1(c); 
  6.12     (18) the address, social security number, and, if 
  6.13  available, photograph of any member of a household receiving 
  6.14  food stamps shall be made available, on request, to a local, 
  6.15  state, or federal law enforcement officer if the officer 
  6.16  furnishes the agency with the name of the member and notifies 
  6.17  the agency that:  
  6.18     (i) the member: 
  6.19     (A) is fleeing to avoid prosecution, or custody or 
  6.20  confinement after conviction, for a crime or attempt to commit a 
  6.21  crime that is a felony in the jurisdiction the member is 
  6.22  fleeing; 
  6.23     (B) is violating a condition of probation or parole imposed 
  6.24  under state or federal law; or 
  6.25     (C) has information that is necessary for the officer to 
  6.26  conduct an official duty related to conduct described in subitem 
  6.27  (A) or (B); 
  6.28     (ii) locating or apprehending the member is within the 
  6.29  officer's official duties; and 
  6.30     (iii) the request is made in writing and in the proper 
  6.31  exercise of the officer's official duty; 
  6.32     (19) the current address of a recipient of Minnesota family 
  6.33  investment program, general assistance, general assistance 
  6.34  medical care, or food stamps may be disclosed to law enforcement 
  6.35  officers who, in writing, provide the name of the recipient and 
  6.36  notify the agency that the recipient is a person required to 
  7.1   register under section 243.166, but is not residing at the 
  7.2   address at which the recipient is registered under section 
  7.3   243.166; 
  7.4      (20) certain information regarding child support obligors 
  7.5   who are in arrears may be made public according to section 
  7.6   518.575; 
  7.7      (21) data on child support payments made by a child support 
  7.8   obligor and data on the distribution of those payments excluding 
  7.9   identifying information on obligees may be disclosed to all 
  7.10  obligees to whom the obligor owes support, and data on the 
  7.11  enforcement actions undertaken by the public authority, the 
  7.12  status of those actions, and data on the income of the obligor 
  7.13  or obligee may be disclosed to the other party; 
  7.14     (22) data in the work reporting system may be disclosed 
  7.15  under section 256.998, subdivision 7; 
  7.16     (23) to the department of children, families, and learning 
  7.17  for the purpose of matching department of children, families, 
  7.18  and learning student data with public assistance data to 
  7.19  determine students eligible for free and reduced price meals, 
  7.20  meal supplements, and free milk according to United States Code, 
  7.21  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  7.22  allocate federal and state funds that are distributed based on 
  7.23  income of the student's family; and to verify receipt of energy 
  7.24  assistance for the telephone assistance plan; 
  7.25     (24) the current address and telephone number of program 
  7.26  recipients and emergency contacts may be released to the 
  7.27  commissioner of health or a local board of health as defined in 
  7.28  section 145A.02, subdivision 2, when the commissioner or local 
  7.29  board of health has reason to believe that a program recipient 
  7.30  is a disease case, carrier, suspect case, or at risk of illness, 
  7.31  and the data are necessary to locate the person; 
  7.32     (25) to other state agencies, statewide systems, and 
  7.33  political subdivisions of this state, including the attorney 
  7.34  general, and agencies of other states, interstate information 
  7.35  networks, federal agencies, and other entities as required by 
  7.36  federal regulation or law for the administration of the child 
  8.1   support enforcement program; 
  8.2      (26) to personnel of public assistance programs as defined 
  8.3   in section 256.741, for access to the child support system 
  8.4   database for the purpose of administration, including monitoring 
  8.5   and evaluation of those public assistance programs; 
  8.6      (27) to monitor and evaluate the Minnesota family 
  8.7   investment program by exchanging data between the departments of 
  8.8   human services and children, families, and learning, on 
  8.9   recipients and former recipients of food stamps, cash assistance 
  8.10  under chapter 256, 256D, 256J, or 256K, child care assistance 
  8.11  under chapter 119B, or medical programs under chapter 256B, 
  8.12  256D, or 256L; 
  8.13     (28) to evaluate child support program performance and to 
  8.14  identify and prevent fraud in the child support program by 
  8.15  exchanging data between the department of human services, 
  8.16  department of revenue under section 270B.14, subdivision 1, 
  8.17  paragraphs (a) and (b), without regard to the limitation of use 
  8.18  in paragraph (c), department of health, department of economic 
  8.19  security, and other state agencies as is reasonably necessary to 
  8.20  perform these functions; or 
  8.21     (29) counties operating child care assistance programs 
  8.22  under chapter 119B may disseminate data on program participants, 
  8.23  applicants, and providers to the commissioner of children, 
  8.24  families, and learning; or 
  8.25     (30) to county personnel, or entities under contract with 
  8.26  the county, who provide welfare, public health, corrections, or 
  8.27  veterans services and who require access to private data on 
  8.28  individuals in order to coordinate services provided to those 
  8.29  individuals. 
  8.30     (b) Information on persons who have been treated for drug 
  8.31  or alcohol abuse may only be disclosed according to the 
  8.32  requirements of Code of Federal Regulations, title 42, sections 
  8.33  2.1 to 2.67. 
  8.34     (c) Data provided to law enforcement agencies under 
  8.35  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
  8.36  (b), are investigative data and are confidential or protected 
  9.1   nonpublic while the investigation is active.  The data are 
  9.2   private after the investigation becomes inactive under section 
  9.3   13.82, subdivision 5, paragraph (a) or (b). 
  9.4      (d) Mental health data shall be treated as provided in 
  9.5   subdivisions 7, 8, and 9, but is not subject to the access 
  9.6   provisions of subdivision 10, paragraph (b), but may be 
  9.7   disclosed according to paragraph (a), clause (30). 
  9.8      For the purposes of this subdivision, a request will be 
  9.9   deemed to be made in writing if made through a computer 
  9.10  interface system. 
  9.11     Sec. 5.  Minnesota Statutes 2002, section 13.461, 
  9.12  subdivision 1, is amended to read: 
  9.13     Subdivision 1.  [SCOPE.] The sections referred to in 
  9.14  subdivisions 2 to 26 are codified outside this chapter.  Those 
  9.15  subdivisions classify human services data as other than public, 
  9.16  place restrictions on access to government data, or involve data 
  9.17  sharing.  Notwithstanding any other provision of law to the 
  9.18  contrary, data governed by subdivisions 2 to 26 may be disclosed 
  9.19  to county personnel, or entities under contract with the county, 
  9.20  who provide welfare, public health, corrections, or veterans 
  9.21  services and who require access to private data on individuals 
  9.22  in order to coordinate services provided to those individuals. 
  9.23     Sec. 6.  Minnesota Statutes 2002, section 13.85, 
  9.24  subdivision 2, is amended to read: 
  9.25     Subd. 2.  [CORRECTIONS AND DETENTION PRIVATE DATA.] Unless 
  9.26  the data are summary data or arrest data, or a statute 
  9.27  specifically provides a different classification, corrections 
  9.28  and detention data on individuals are classified as private 
  9.29  pursuant to section 13.02, subdivision 12, to the extent that 
  9.30  the release of the data would either (a) disclose medical, 
  9.31  psychological, or financial information, or personal information 
  9.32  not related to their lawful confinement or detainment or (b) 
  9.33  endanger an individual's life.  Private corrections and 
  9.34  detention data may be disclosed to county personnel, or entities 
  9.35  under contract with the county, who provide welfare, public 
  9.36  health, corrections, or veterans services and who require access 
 10.1   to private data on individuals in order to coordinate services 
 10.2   provided to those individuals. 
 10.3      Sec. 7.  Minnesota Statutes 2002, section 197.603, 
 10.4   subdivision 2, is amended to read: 
 10.5      Subd. 2.  Pursuant to chapter 13 the veterans service 
 10.6   officer is the responsible authority with respect to all records 
 10.7   in the officer's custody.  The data on clients' applications for 
 10.8   assistance is private data on individuals, as defined in section 
 10.9   13.02, subdivision 12.  The data on clients' applications for 
 10.10  assistance may be disclosed to county personnel, or entities 
 10.11  under contract with the county, who provide welfare, public 
 10.12  health, corrections, or veterans services and who require access 
 10.13  to private data on individuals in order to coordinate services 
 10.14  provided to those individuals. 
 10.15     Sec. 8.  [EFFECTIVE DATE.] 
 10.16     Sections 1 to 7 are effective the day following final 
 10.17  enactment.