SF 1770

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 09:43am

A bill for an act
relating to data practices; clarifying application of government data practices act
to parties contracting with a government entity; amending Minnesota Statutes
2012, section 13.05, subdivision 11; proposing coding for new law in Minnesota
Statutes, chapter 13.

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

Section 1.

Minnesota Statutes 2012, section 13.05, subdivision 11, is amended to read:

Subd. 11.

Privatization.

(a) If a government entity enters into a contract with a
private person to perform any of its functions, deleted text begin the government entity shall include in the
contract terms that make it clear that all of the deleted text end new text begin all new text end data created, collected, received, stored,
used, maintained, or disseminated by the private person in performing those functions
is subject to the requirements of this chapter and deleted text begin that deleted text end the private person must comply
with those requirements as if it were a government entity. new text begin All contracts entered into by a
government entity with a private person must include a notice that the requirements of
this subdivision apply to the contract. Failure to include the notice in a contract does not
invalidate the application of this subdivision. new text end The remedies in section 13.08 apply to
the private person under this subdivision.

(b) This subdivision does not create a duty on the part of the private person to
provide access to public data to the public if the public data are available from the
government entity, except as required by the terms of the contract.

Sec. 2.

new text begin [13.387] HEALTH CARE CONTRACT DATA.
new text end

new text begin The provisions of section 13.05, subdivision 11, requiring public access to certain
data of private persons performing a government function, do not apply to health plan
companies, managed care organizations, county-based purchasing plans, third-party
administrators, providers, or other vendors, or their parent or subsidiary, contracting with a
government entity for health care related services. This section expires on June 30, 2015.
new text end

Sec. 3. new text begin HEALTH CARE STUDY.
new text end

new text begin The commissioner of human services, in consultation with interested stakeholders
and other state agencies, shall study public policy issues related to application of Minnesota
Statutes, section 13.05, subdivision 11, to the entities listed in section 2 and the economic
impact on the health care market. The commissioner shall submit a report to the chairs
and ranking minority members of the committees of the legislature with jurisdiction over
health and human services policy and finance and data practices by December 21, 2014.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end