SF 1267

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing employer immunity for 
  1.3             reference checks for home health care and nursing home 
  1.4             providers; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 144A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [144A.50] [REFERENCE CHECKS.] 
  1.8      Subdivision 1.  [CAUSES OF ACTION.] No action may be 
  1.9   brought against a provider licensed pursuant to sections 144A.01 
  1.10  to 144A.33 or sections 144A.43 to 144A.48, or designated 
  1.11  employee, or agent who discloses information regarding a former 
  1.12  or current employee to a prospective employer as provided under 
  1.13  this section.  This subdivision does not preclude a charge or 
  1.14  action under chapter 363 or an action arising from a disclosure 
  1.15  that the plaintiff proves, by clear and convincing evidence, was 
  1.16  made fraudulently or with deliberate disregard as to its truth 
  1.17  or falsity. 
  1.18     Subd. 2.  [REFERENCE CHECKS.] (a) Upon request, a licensed 
  1.19  provider, designated employee, or agent may disclose the 
  1.20  following information about a current or former employee to a 
  1.21  prospective employer: 
  1.22     (1) dates of employment; 
  1.23     (2) compensation and wage history; 
  1.24     (3) job description and duties; 
  1.25     (4) training and education provided by the employer; 
  2.1      (5) all acts of violence, theft, harassment, or illegal 
  2.2   conduct documented in the personnel record which resulted in 
  2.3   disciplinary action or resignation; and 
  2.4      (6) for public employees, public personnel data on 
  2.5   individuals listed in section 13.43, subdivision 2. 
  2.6      (b) With the written authorization of the current or former 
  2.7   employee, a licensed provider, designated employee, or agent may 
  2.8   also disclose the following information in writing to a 
  2.9   prospective employer: 
  2.10     (1) written employee evaluations conducted prior to the 
  2.11  employee's separation from the employer, and the employee's 
  2.12  written response, if any, contained in the employee's personnel 
  2.13  record; 
  2.14     (2) disciplinary warnings and actions in the five years 
  2.15  before the date of the authorization, and the employee's written 
  2.16  response, if any, contained in the employee's personnel record; 
  2.17  and 
  2.18     (3) reasons for separation from employment. 
  2.19     (c) The licensed provider, designated employee, or agent 
  2.20  must provide a written copy of a disclosure made under paragraph 
  2.21  (b) to the current or former employee upon request. 
  2.22     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.23     Section 1 is effective July 1, 1999, and applies to causes 
  2.24  of action arising on or after that date.