SF 2324

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 04:05pm

A bill for an act
relating to health insurance; modifying MNsure data-sharing agreements;
amending Minnesota Statutes 2013 Supplement, section 62V.06, subdivision 5.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 62V.06, subdivision 5, is
amended to read:

Subd. 5.

Data sharing.

(a) MNsure may share or disseminate data classified as
private or nonpublic in subdivision 3 as follows:

(1) to the subject of the data, as provided in section 13.04;

(2) according to a court order;

(3) according to a state or federal law specifically authorizing access to the data;

(4) with other state or federal agencies, only to the extent necessary to verify the
identity of, determine the eligibility of, process premiums for, process enrollment of, or
investigate fraud related to an individual, employer, or employee participating in MNsure,
provided that MNsure must enter into a data-sharing agreement with the agency prior to
sharing data under this clause; and

(5) with a nongovernmental person or entity, only to the extent necessary to verify
the identity of, determine the eligibility of, process premiums for, process enrollment of, or
investigate fraud related to an individual, employer, or employee participating in MNsure,
provided that MNsure must enter into a contract with the person or entity, as provided in
section 13.05, subdivision 6 or 11, prior to disseminating data under this clause.

(b) MNsure may share or disseminate data classified as private or nonpublic in
subdivision 4 as follows:

(1) to the subject of the data, as provided in section 13.04;

(2) according to a court order;

(3) according to a state or federal law specifically authorizing access to the data;

(4) with other state or federal agencies, only to the extent necessary to carry out the
functions of MNsure, provided that MNsure must enter into a data-sharing agreement with
the agency prior to sharing data under this clause; and

(5) with a nongovernmental person or entity, only to the extent necessary to carry
out the functions of MNsure, provided that MNsure must enter a contract with the person
or entity, as provided in section 13.05, subdivision 6 or 11, prior to disseminating data
under this clause.

(c) Sharing or disseminating data outside of MNsure in a manner not authorized by
this subdivision is prohibited. new text begin Data-sharing agreements required under this subdivision
must provide that the law of this state controls the treatment of the data to the extent that it
is more protective of the rights and privacy of data subjects than the law of the other state
or federal agency to which the data are disseminated. new text end The list of authorized dissemination
and sharing contained in this subdivision must be included in the Tennessen warning
required by section 13.04, subdivision 2.

(d) Until July 1, 2014, state agencies must share data classified as private or
nonpublic on individuals, employees, or employers participating in MNsure with MNsure,
only to the extent such data are necessary to verify the identity of, determine the eligibility
of, process premiums for, process enrollment of, or investigate fraud related to a MNsure
participant. The agency must enter into a data-sharing agreement with MNsure prior
to sharing any data under this paragraph.