SF 1227

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to privacy; prohibiting the use of social 
  1.3             security numbers to create unique patient identifiers; 
  1.4             amending Minnesota Statutes 1994, sections 62J.54, 
  1.5             subdivision 4; and 62J.55. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 62J.54, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [UNIQUE PATIENT IDENTIFICATION NUMBER.] (a) On 
  1.10  and after January 1, 1996, all group purchasers and health care 
  1.11  providers in Minnesota shall use a unique identification number 
  1.12  to identify each patient who receives health care services in 
  1.13  Minnesota, except as provided in paragraph (e) (d). 
  1.14     (b) Except as provided in paragraph (d), following the 
  1.15  recommendation of the workgroup for electronic data interchange, 
  1.16  The commissioner shall develop a numbering system to establish a 
  1.17  unique identification number for each patient.  The social 
  1.18  security number of the patient shall may not be used as the 
  1.19  unique patient identification number nor may the social security 
  1.20  number be used to create a unique patient identification number. 
  1.21     (c) The unique patient identification number shall be used 
  1.22  by group purchasers and health care providers for purposes of 
  1.23  submitting and receiving claims, and in conjunction with other 
  1.24  data collection and reporting functions. 
  1.25     (d) The commissioner shall develop an alternate numbering 
  2.1   system for patients who do not have or refuse to provide a 
  2.2   social security number.  This provision does not require that 
  2.3   patients provide their social security numbers and does not 
  2.4   require group purchasers or providers to demand that patients 
  2.5   provide their social security numbers.  Group purchasers and 
  2.6   health care providers shall establish procedures to notify 
  2.7   patients that they can elect not to have their social security 
  2.8   number used as the unique patient identification number. 
  2.9      (e) The state and federal health care programs administered 
  2.10  by the department of human services shall use the unique person 
  2.11  master index (PMI) identification number assigned to clients 
  2.12  participating in programs administered by the department of 
  2.13  human services. 
  2.14     Sec. 2.  Minnesota Statutes 1994, section 62J.55, is 
  2.15  amended to read: 
  2.16     62J.55 [PRIVACY OF UNIQUE IDENTIFIERS.] 
  2.17     (a) When the unique identifiers specified in section 62J.54 
  2.18  are used for data collection purposes, the identifiers must be 
  2.19  encrypted, as required in section 62J.30, subdivision 6.  
  2.20  Encryption must follow encryption standards set by the National 
  2.21  Bureau of Standards and approved by the American National 
  2.22  Standards Institute as ANSIX3. 92-1982/R 1987 to protect the 
  2.23  confidentiality of the data.  Social security numbers must not 
  2.24  be maintained in unencrypted form in the database, and The data 
  2.25  must never be released in a form that would allow for the 
  2.26  identification of individuals.  The encryption algorithm and 
  2.27  hardware used must not use clipper chip technology.  
  2.28     (b) Providers and group purchasers shall treat medical 
  2.29  records, including the social security number if it is used as a 
  2.30  unique patient identifier, in accordance with section 144.335.  
  2.31  The social security number unique patient identifier may be 
  2.32  disclosed by providers and group purchasers to the commissioner 
  2.33  as necessary to allow performance of those duties set forth in 
  2.34  section 144.05.