SF 874

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             disclosure and sharing of certain data; amending 
  1.4             Minnesota Statutes 2002, sections 13.46, subdivision 
  1.5             7; 144.335, by adding a subdivision; 626.556, by 
  1.6             adding a subdivision; 626.557, subdivision 9a. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 13.46, 
  1.9   subdivision 7, is amended to read: 
  1.10     Subd. 7.  [MENTAL HEALTH CENTER DATA.] (a) Mental health 
  1.11  data are private data on individuals and shall not be disclosed, 
  1.12  except:  
  1.13     (1) pursuant to section 13.05, as determined by the 
  1.14  responsible authority for the community mental health center, 
  1.15  mental health division, or provider; 
  1.16     (2) pursuant to court order; 
  1.17     (3) pursuant to a paragraph (c) of this section or another 
  1.18  statute specifically authorizing access to or disclosure of 
  1.19  mental health data; or 
  1.20     (4) with the consent of the client or patient.  
  1.21     (b) An agency of the welfare system may not require an 
  1.22  individual to consent to the release of mental health data as a 
  1.23  condition for receiving services or for reimbursing a community 
  1.24  mental health center, mental health division of a county, or 
  1.25  provider under contract to deliver mental health services. 
  1.26     (c) Hennepin county mental health services may share mental 
  2.1   health data with the Minneapolis police department crisis 
  2.2   intervention team to determine whether an individual that has 
  2.3   been apprehended is a client of the county and if so, the 
  2.4   individual's physician, therapist, or case manager. 
  2.5      Sec. 2.  Minnesota Statutes 2002, section 144.335, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 3d.  [RELEASE OF RECORDS TO COUNTY LOCAL WELFARE 
  2.8   AGENCY.] If a provider has been notified by a county local 
  2.9   welfare agency under section 626.556, subdivision 3d, the 
  2.10  provider must report to the agency the birth of a child to that 
  2.11  individual within 24 hours of the birth. 
  2.12     Sec. 3.  Minnesota Statutes 2002, section 626.556, is 
  2.13  amended by adding a subdivision to read: 
  2.14     Subd. 3d.  [REPORT TO PROTECT SAFETY OF AT-RISK 
  2.15  NEWBORNS.] If a county local welfare agency determines that a 
  2.16  child born to an individual would be subjected to a threatened 
  2.17  injury while in the care of that individual, the agency may 
  2.18  disclose private data on the individual to providers for the 
  2.19  purpose of requesting notification of the birth of a child to 
  2.20  the individual.  For purposes of this subdivision, "provider" 
  2.21  has the meaning given in section 144.335, subdivision 1. 
  2.22     Sec. 4.  Minnesota Statutes 2002, section 626.557, 
  2.23  subdivision 9a, is amended to read: 
  2.24     Subd. 9a.  [EVALUATION AND REFERRAL OF REPORTS MADE TO A 
  2.25  COMMON ENTRY POINT UNIT.] The common entry point must screen the 
  2.26  reports of alleged or suspected maltreatment for immediate risk 
  2.27  and make all necessary referrals as follows: 
  2.28     (1) if the common entry point determines that there is an 
  2.29  immediate need for adult protective services, the common entry 
  2.30  point agency shall immediately notify the appropriate county 
  2.31  agency; 
  2.32     (2) if the report contains suspected criminal activity 
  2.33  against a vulnerable adult, the common entry point shall 
  2.34  immediately notify the appropriate law enforcement agency; 
  2.35     (3) if the report references alleged or suspected 
  2.36  maltreatment and there is no immediate need for adult protective 
  3.1   services, the common entry point shall notify the appropriate 
  3.2   lead agency as soon as possible, but in any event no longer than 
  3.3   two working days; 
  3.4      (4) if the report does not reference alleged or suspected 
  3.5   maltreatment, the common entry point may determine whether the 
  3.6   information will be referred; and 
  3.7      (5) if the report contains information about a suspicious 
  3.8   death, the common entry point shall immediately notify the 
  3.9   appropriate law enforcement agencies, the local medical 
  3.10  examiner, and the ombudsman established under section 245.92.  
  3.11  Law enforcement agencies shall coordinate with the local medical 
  3.12  examiner and the ombudsman as provided by law.