SF 1887

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:24am

A bill for an act
relating to civil law; releasing information to health care agents; providing access
to health care agents; amending Minnesota Statutes 2008, sections 13.384,
subdivisions 2, 3; 144.225, subdivision 7; 144.419, subdivision 5; 169.09,
subdivision 13; 246.70; 253B.10, subdivision 3; 253B.14; 253B.16, subdivision
2; 256B.48, subdivision 8.

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

Section 1.

Minnesota Statutes 2008, section 13.384, subdivision 2, is amended to read:

Subd. 2.

Public hospitals; directory information.

(a) During the time that a
person is a patient in a hospital operated by a government entity under legal commitment,
directory information is public data. After the person is released by termination of the
person's legal commitment, the directory information is private data on individuals.

(b) If a person is a patient other than pursuant to commitment in a hospital controlled
by a government entity, directory information is public data unless the patient requests
otherwise, in which case it is private data on individuals.

(c) Directory information about an emergency patient who is unable to communicate
which is public under this subdivision shall not be released until a reasonable effort is
made to notify the next of kin new text begin or health care agent new text end . Although an individual has requested
that directory information be private, the hospital may release directory information to a
law enforcement agency pursuant to a lawful investigation pertaining to that individual.

Sec. 2.

Minnesota Statutes 2008, section 13.384, subdivision 3, is amended to read:

Subd. 3.

Classification of medical data.

Unless the data is summary data or a
statute specifically provides a different classification, medical data are private but are
available only to the subject of the data as provided in sections 144.291 to 144.298, and
shall not be disclosed to others except:

(a) pursuant to section 13.05;

(b) pursuant to section 253B.0921;

(c) pursuant to a valid court order;

(d) to administer federal funds or programs;

(e) to the surviving spouse, parents, children, deleted text begin and deleted text end siblings new text begin , and health care agent new text end
of a deceased patient or client or, if there are no surviving spouse, parents, children, deleted text begin or deleted text end
siblings, new text begin or health care agent new text end to the surviving heirs of the nearest degree of kindred;

(f) to communicate a patient's or client's condition to a family member new text begin , health care
agent, new text end or other appropriate person in accordance with acceptable medical practice, unless
the patient or client directs otherwise; or

(g) as otherwise required by law.

Sec. 3.

Minnesota Statutes 2008, section 144.225, subdivision 7, is amended to read:

Subd. 7.

Certified birth or death record.

(a) The state or local registrar shall issue
a certified birth or death record or a statement of no vital record found to an individual
upon the individual's proper completion of an attestation provided by the commissioner:

(1) to a person who has a tangible interest in the requested vital record. A person
who has a tangible interest is:

(i) the subject of the vital record;

(ii) a child of the subject;

(iii) the spouse of the subject;

(iv) a parent of the subject;

(v) the grandparent or grandchild of the subject;

(vi) if the requested record is a death record, a sibling of the subject;

(vii) the party responsible for filing the vital record;

(viii) the legal custodian deleted text begin or deleted text end new text begin , new text end guardian or conservator new text begin , or health care agent new text end of the
subject;

(ix) a personal representative, by sworn affidavit of the fact that the certified copy is
required for administration of the estate;

(x) a successor of the subject, as defined in section 524.1-201, if the subject is
deceased, by sworn affidavit of the fact that the certified copy is required for administration
of the estate;

(xi) if the requested record is a death record, a trustee of a trust by sworn affidavit of
the fact that the certified copy is needed for the proper administration of the trust;

(xii) a person or entity who demonstrates that a certified vital record is necessary for
the determination or protection of a personal or property right, pursuant to rules adopted
by the commissioner; or

(xiii) adoption agencies in order to complete confidential postadoption searches as
required by section 259.83;

(2) to any local, state, or federal governmental agency upon request if the certified
vital record is necessary for the governmental agency to perform its authorized duties.
An authorized governmental agency includes the Department of Human Services, the
Department of Revenue, and the United States Citizenship and Immigration Services;

(3) to an attorney upon evidence of the attorney's license;

(4) pursuant to a court order issued by a court of competent jurisdiction. For
purposes of this section, a subpoena does not constitute a court order; or

(5) to a representative authorized by a person under clauses (1) to (4).

(b) The state or local registrar shall also issue a certified death record to an individual
described in paragraph (a), clause (1), items (ii) to (viii), if, on behalf of the individual, a
licensed mortician furnishes the registrar with a properly completed attestation in the form
provided by the commissioner within 180 days of the time of death of the subject of the
death record. This paragraph is not subject to the requirements specified in Minnesota
Rules, part 4601.2600, subpart 5, item B.

Sec. 4.

Minnesota Statutes 2008, section 144.419, subdivision 5, is amended to read:

Subd. 5.

Restricted entry.

(a) No person, other than a person authorized by the
commissioner of health or authorized by any person acting under the commissioner's
authority, shall enter an isolation or quarantine area. If, by reason of an unauthorized entry
into an isolation or quarantine area, a person poses a danger to public health, the person
may be subject to isolation or quarantine according to this section and section 144.4195.

(b) A family member new text begin or health care agent new text end of a person isolated or quarantined has a
right to choose to enter into an isolation or quarantine area. The commissioner of health
must permit the family member new text begin or health care agent new text end entry into the isolation or quarantine
area if the family member new text begin or health care agent new text end signs a consent form stating that the family
member new text begin or health care agent new text end has been informed of the potential health risks, isolation and
quarantine guidelines, and the consequences of entering the area. The family member new text begin or
health care agent new text end may not hold the Department of Health, the commissioner of health, or
the state responsible for any consequences of entering the isolation or quarantine area.
If, by reason of entry into an isolation or quarantine area under this paragraph, a person
poses a danger to public health, the person may be subject to isolation or quarantine
according to this section and section 144.4195.

Sec. 5.

Minnesota Statutes 2008, section 169.09, subdivision 13, is amended to read:

Subd. 13.

Reports confidential; evidence, fee, penalty, appropriation.

(a) All
reports and supplemental information required under this section must be for the use of the
commissioner of public safety and other appropriate state, federal, county, and municipal
governmental agencies for accident analysis purposes, except:

(1) the commissioner of public safety or any law enforcement agency shall, upon
written request of any individual involved in an accident or upon written request of the
representative of the individual's estate, surviving spouse, or one or more surviving next
of kin, or a trustee appointed under section 573.02, new text begin or other person injured in person,
property, or means of support, or who incurs other pecuniary loss by virtue of the accident,
new text end disclose to the requester, the requester's legal counsel, or a representative of the requester's
insurer the report required under subdivision 8;

(2) the commissioner of public safety shall, upon written request, provide the driver
filing a report under subdivision 7 with a copy of the report filed by the driver;

(3) the commissioner of public safety may verify with insurance companies vehicle
insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and
169.797;

(4) the commissioner of public safety shall provide the commissioner of
transportation the information obtained for each traffic accident involving a commercial
motor vehicle, for purposes of administering commercial vehicle safety regulations; and

(5) the commissioner of public safety may give to the United States Department of
Transportation commercial vehicle accident information in connection with federal grant
programs relating to safety.

(b) Accident reports and data contained in the reports are not discoverable under any
provision of law or rule of court. No report shall be used as evidence in any trial, civil or
criminal, or any action for damages or criminal proceedings arising out of an accident.
However, the commissioner of public safety shall furnish, upon the demand of any person
who has or claims to have made a report or upon demand of any court, a certificate
showing that a specified accident report has or has not been made to the commissioner
solely to prove compliance or failure to comply with the requirements that the report be
made to the commissioner.

(c) Nothing in this subdivision prevents any individual who has made a report under
this section from providing information to any individuals involved in an accident or their
representatives or from testifying in any trial, civil or criminal, arising out of an accident,
as to facts within the individual's knowledge. It is intended by this subdivision to render
privileged the reports required, but it is not intended to prohibit proof of the facts to
which the reports relate.

(d) Disclosing any information contained in any accident report, except as provided
in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor.

(e) The commissioner of public safety shall charge authorized persons as described
in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
collected under this paragraph must be deposited in the special revenue fund and credited
to the driver services operating account established in section 299A.705 and ten percent
must be deposited in the general fund. The commissioner may also furnish an electronic
copy of the database of accident records, which must not contain personal or private data
on an individual, to private agencies as provided in paragraph (g), for not less than the cost
of preparing the copies on a bulk basis as provided in section 13.03, subdivision 3.

(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
enforcement agencies shall charge commercial users who request access to response or
incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
user" is a user who in one location requests access to data in more than five accident
reports per month, unless the user establishes that access is not for a commercial purpose.
Of the money collected by the commissioner under this paragraph, 90 percent must be
deposited in the special revenue fund and credited to the driver services operating account
established in section 299A.705 and ten percent must be deposited in the general fund.

(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
provide an electronic copy of the accident records database to the public on a case-by-case
basis using the cost-recovery charges provided for under section 13.03, subdivision
3. The database provided must not contain personal or private data on an individual.
However, unless the accident records data base includes the vehicle identification number,
the commissioner shall include the vehicle registration plate number if a private agency
certifies and agrees that the agency:

(1) is in the business of collecting accident and damage information on vehicles;

(2) will use the vehicle registration plate number only for identifying vehicles that
have been involved in accidents or damaged, to provide this information to persons
seeking access to a vehicle's history and not for identifying individuals or for any other
purpose; and

(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.

Sec. 6.

Minnesota Statutes 2008, section 246.70, is amended to read:

246.70 SERVICES TO FAMILIES.

(a) The commissioner shall publicize the planned changes to the facilities operated
by the commissioner. A parent, other involved family member, deleted text begin or deleted text end private guardian new text begin , or
health care agent new text end of a resident of a facility must be notified of the changes planned for
each facility. When new services developed for a person require the person to move, the
commissioner shall provide each parent, family member, new text begin health care agent, new text end and guardian
of that person with the following:

(1) names and telephone numbers of the state and county contacts;

(2) information on types of services to be developed;

(3) information on how the individual planning process works, including how
alternative placements will be determined, and how family members can be involved;

(4) information on the process to be followed when a parent, other family member,
new text begin health care agent, new text end or guardian disagrees with the proposed services; and

(5) a list of additional resources such as advocates, local volunteer coordinators,
and family groups.

(b) At least one staff person in each facility must be available to provide information
about:

(1) community placements;

(2) the opportunity for interested family members deleted text begin and deleted text end new text begin , new text end guardians new text begin , and health care
agents new text end to participate in program planning; and

(3) family support groups.

Sec. 7.

Minnesota Statutes 2008, section 253B.10, subdivision 3, is amended to read:

Subd. 3.

Notice of admission.

Whenever a committed person has been admitted
to a treatment facility under the provisions of sections 253B.09 or 253B.18, the head of
the treatment facility shall immediately notify the patient's spouse new text begin , health care agent, new text end or
parent and the county of the patient's legal residence if the county may be liable for a
portion of the cost of treatment. If the committed person was admitted upon the petition
of a spouse new text begin , health care agent, new text end or parent the head of the treatment facility shall notify an
interested person other than the petitioner.

Sec. 8.

Minnesota Statutes 2008, section 253B.14, is amended to read:

253B.14 TRANSFER OF COMMITTED PERSONS.

The commissioner may transfer any committed person, other than a person
committed as mentally ill and dangerous to the public, from one regional treatment center
to any other treatment facility under the commissioner's jurisdiction which is capable of
providing proper care and treatment. When a committed person is transferred from one
treatment facility to another, written notice shall be given to the committing court, the
county attorney, the patient's counsel, and to the person's parent new text begin , health care agent, new text end or
spouse or, if none is known, to an interested person, and the designated agency.

Sec. 9.

Minnesota Statutes 2008, section 253B.16, subdivision 2, is amended to read:

Subd. 2.

Notification of discharge.

Prior to the discharge or provisional discharge
of any committed person, the head of the treatment facility shall notify the designated
agency and the patient's spouse new text begin or health care agent new text end , or if there is no spouse new text begin or health
care agent new text end , then an adult child, or if there is none, the next of kin of the patient, of the
proposed discharge. The notice shall be sent to the last known address of the person to
be notified by certified mail with return receipt. The notice shall include the following:
(1) the proposed date of discharge or provisional discharge; (2) the date, time and place
of the meeting of the staff who have been treating the patient to discuss discharge and
discharge planning; (3) the fact that the patient will be present at the meeting; and (4) the
fact that the next of kin new text begin or health care agent new text end may attend that staff meeting and present any
information relevant to the discharge of the patient. The notice shall be sent at least one
week prior to the date set for the meeting.

Sec. 10.

Minnesota Statutes 2008, section 256B.48, subdivision 8, is amended to read:

Subd. 8.

Notification to a spouse new text begin or health care agent new text end .

When a private pay
resident who has not yet been screened by the preadmission screening team is admitted to
a nursing facility or boarding care facility, the nursing facility or boarding care facility
must notify the resident and the resident's spouse new text begin or health care agent new text end of the following:

(1) their right to retain certain resources under sections 256B.0575, 256B.058,
256B.059, 256B.0595, and 256B.14, subdivision 2; and

(2) that the federal Medicare hospital insurance benefits program covers posthospital
extended care services in a qualified skilled nursing facility for up to 150 days and that
there are several limitations on this benefit. The resident and the resident's family new text begin or
health care agent new text end must be informed about all mechanisms to appeal limitations imposed
under this federal benefit program.

This notice may be included in the nursing facility's or boarding care facility's
admission agreement and must clearly explain what resources the resident and spouse may
retain if the resident applies for medical assistance. The Department of Human Services
must notify nursing facilities and boarding care facilities of changes in the determination
of medical assistance eligibility that relate to resources retained by a resident and the
resident's spouse.

The preadmission screening team has primary responsibility for informing all
private pay applicants to a nursing facility or boarding care facility of the resources the
resident and spouse may retain.