3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to privacy; providing for the classification 1.3 of and access to government data; indexing statutes 1.4 that restrict data access and are located outside 1.5 chapter 13; defining criminal justice agency; making 1.6 parking space leasing data private; making directory 1.7 information on persons subject to civil commitment 1.8 private after their release; authorizing disclosure of 1.9 certain personnel data to government entities for 1.10 protection purposes; authorizing the release and 1.11 disclosure of certain data to the department of 1.12 children, families, and learning and the commissioner 1.13 of health; classifying pawnshop data; modifying the 1.14 requirements for health care provider identification 1.15 numbers; authorizing disclosure of birth registration 1.16 data on unwed mothers to county social services; 1.17 establishing procedures for disclosing certain 1.18 nonpublic data related to group purchasers; requiring 1.19 the office of mental health practice to establish 1.20 procedures for the exchange of information; 1.21 authorizing release of health records for research 1.22 purposes under certain conditions; providing that no 1.23 fee or surcharge may be imposed for requests for 1.24 public information concerning motor vehicle 1.25 registration under certain circumstances; expanding 1.26 juvenile court reporting requirements to include all 1.27 felony and gross misdemeanor offenses; classifying 1.28 data that identifies members of the criminal alert 1.29 network; requiring the bureau of criminal apprehension 1.30 to maintain the computerized juvenile criminal history 1.31 record system; amending Minnesota Statutes 1994, 1.32 sections 13.02, by adding a subdivision; 13.03, 1.33 subdivision 4; 13.32, subdivisions 3 and 5; 13.37, 1.34 subdivisions 1 and 2; 13.40, subdivision 2; 13.42, 1.35 subdivisions 1 and 2; 13.43, by adding subdivisions; 1.36 13.82, subdivision 13, and by adding a subdivision; 1.37 13.99, subdivision 19c, and by adding subdivisions; 1.38 62J.51, by adding subdivisions; 62J.56, subdivision 2; 1.39 62J.60, subdivisions 2 and 3; 144.225, subdivision 2, 1.40 and by adding a subdivision; 145.64, by adding a 1.41 subdivision; 148B.66, by adding a subdivision; 1.42 150A.081; 168.345, subdivision 3, and by adding a 1.43 subdivision; 168.346; 171.12, subdivision 7, and by 1.44 adding a subdivision; 260.161, subdivisions 1 and 1a; 1.45 299C.095; and 299C.46, subdivision 2; Minnesota 1.46 Statutes 1995 Supplement, sections 13.43, subdivision 2.1 2; 13.46, subdivision 2; 13.99, subdivision 38b; 2.2 62J.451, subdivisions 7, 9, and 12; 62J.54, 2.3 subdivisions 1, 2, and 3; 62J.58; 62Q.03, subdivision 2.4 9; 144.335, subdivision 3a; 268.12, subdivision 12; 2.5 299A.61; and 299C.10, subdivision 1; proposing coding 2.6 for new law in Minnesota Statutes, chapter 13. 2.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.8 ARTICLE 1 2.9 Section 1. Minnesota Statutes 1994, section 13.02, is 2.10 amended by adding a subdivision to read: 2.11 Subd. 3a. [CRIMINAL JUSTICE AGENCIES.] "Criminal justice 2.12 agencies" means all state and local prosecution authorities, all 2.13 state and local law enforcement agencies, the sentencing 2.14 guidelines commission, the bureau of criminal apprehension, the 2.15 department of corrections, and all probation officers who are 2.16 not part of the judiciary. 2.17 Sec. 2. Minnesota Statutes 1994, section 13.03, 2.18 subdivision 4, is amended to read: 2.19 Subd. 4. [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF 2.20 DISSEMINATION AMONG AGENCIES.] (a) The classification of data in 2.21 the possession of an agency shall change if it is required to do 2.22 so to comply with either judicial or administrative rules 2.23 pertaining to the conduct of legal actions or with a specific 2.24 statute applicable to the data in the possession of the 2.25 disseminating or receiving agency. 2.26 (b) If data on individuals is classified as both private 2.27 and confidential by this chapter, or any other statute or 2.28 federal law, the data is private. 2.29 (c) To the extent that government data is disseminated to 2.30 state agencies, political subdivisions, or statewide systems by 2.31 another state agency, political subdivision, or statewide 2.32 system, the data disseminated shall have the same classification 2.33 in the hands of the agency receiving it as it had in the hands 2.34 of the entity providing it. 2.35 (d) If a state agency, statewide system, or political 2.36 subdivision disseminates data to another state agency, statewide 2.37 system, or political subdivision, a classification provided for 2.38 by law in the hands of the entity receiving the data does not 3.1 affect the classification of the data in the hands of the entity 3.2 that disseminates the data. 3.3 Sec. 3. Minnesota Statutes 1994, section 13.32, 3.4 subdivision 3, is amended to read: 3.5 Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 3.6 Except as provided in subdivision 5, educational data is private 3.7 data on individuals and shall not be disclosed except as follows: 3.8 (a) Pursuant to section 13.05; 3.9 (b) Pursuant to a valid court order; 3.10 (c) Pursuant to a statute specifically authorizing access 3.11 to the private data; 3.12 (d) To disclose information in health and safety 3.13 emergencies pursuant to the provisions of United States Code, 3.14 title 20, section 1232g(b)(1)(I) and Code of Federal 3.15 Regulations, title 34, section 99.36 which are in effect on July 3.16 1, 1993; 3.17 (e) Pursuant to the provisions of United States Code, title 3.18 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 3.19 (b)(3) and Code of Federal Regulations, title 34, sections 3.20 99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 3.21 July 1, 1993; 3.22 (f) To appropriate health authorities to the extent 3.23 necessary to administer immunization programs and for bona fide 3.24 epidemiologic investigations which the commissioner of health 3.25 determines are necessary to prevent disease or disability to 3.26 individuals in the public educational agency or institution in 3.27 which the investigation is being conducted; 3.28 (g) When disclosure is required for institutions that 3.29 participate in a program under title IV of the Higher Education 3.30 Act, United States Code, title 20, chapter 1092, in effect on 3.31 July 1, 1993;
or3.32 (h) To the appropriate school district officials to the 3.33 extent necessary under subdivision 6, annually to indicate the 3.34 extent and content of remedial instruction, including the 3.35 results of assessment testing and academic performance at a 3.36 post-secondary institution during the previous academic year by 4.1 a student who graduated from a Minnesota school district within 4.2 two years before receiving the remedial instruction; or 4.3 (i) To volunteers who are determined to have a legitimate 4.4 educational interest in the data and who are conducting 4.5 activities and events sponsored by or endorsed by the 4.6 educational agency or institution for students or former 4.7 students. 4.8 Sec. 4. Minnesota Statutes 1994, section 13.32, 4.9 subdivision 5, is amended to read: 4.10 Subd. 5. [DIRECTORY INFORMATION.] Information designated 4.11 as directory information pursuant to the provisions of United 4.12 States Code, title 20, section 1232g and Code of Federal 4.13 Regulations, title 34, section 99.37 which are in effect on July 4.14 1, 1993, is public data on individuals. When conducting the 4.15 directory information designation and notice process required by 4.16 federal law, an educational agency or institution shall give 4.17 parents and students notice of the right to refuse to let the 4.18 agency or institution designate any or all data about the 4.19 student as directory information. This notice may be given by 4.20 any means reasonably likely to inform the parents and students 4.21 of the right. 4.22 Sec. 5. Minnesota Statutes 1994, section 13.37, 4.23 subdivision 1, is amended to read: 4.24 Subdivision 1. [DEFINITIONS.] As used in this section, the 4.25 following terms have the meanings given them. 4.26 (a) "Security information" means government data the 4.27 disclosure of which would be likely to substantially jeopardize 4.28 the security of information, possessions, individuals or 4.29 property against theft, tampering, improper use, attempted 4.30 escape, illegal disclosure, trespass, or physical injury. 4.31 "Security information" includes crime prevention block maps and 4.32 lists of volunteers who participate in community crime 4.33 prevention programs and their home addresses and telephone 4.34 numbers. 4.35 (b) "Trade secret information" means government data, 4.36 including a formula, pattern, compilation, program, device, 5.1 method, technique or process (1) that was supplied by the 5.2 affected individual or organization, (2) that is the subject of 5.3 efforts by the individual or organization that are reasonable 5.4 under the circumstances to maintain its secrecy, and (3) that 5.5 derives independent economic value, actual or potential, from 5.6 not being generally known to, and not being readily 5.7 ascertainable by proper means by, other persons who can obtain 5.8 economic value from its disclosure or use. 5.9 (c) "Labor relations information" means management 5.10 positions on economic and noneconomic items that have not been 5.11 presented during the collective bargaining process or interest 5.12 arbitration, including information specifically collected or 5.13 created to prepare the management position. 5.14 (d) "Parking space leasing data" means the following 5.15 government data on an applicant for, or lessee of, a parking 5.16 space: residence address, home telephone number, beginning and 5.17 ending work hours, place of employment, and work telephone 5.18 number. 5.19 Sec. 6. Minnesota Statutes 1994, section 13.37, 5.20 subdivision 2, is amended to read: 5.21 Subd. 2. [CLASSIFICATION.] The following government data 5.22 is classified as nonpublic data with regard to data not on 5.23 individuals, pursuant to section 13.02, subdivision 9, and as 5.24 private data with regard to data on individuals, pursuant to 5.25 section 13.02, subdivision 12: Security information; trade 5.26 secret information; sealed absentee ballots prior to opening by 5.27 an election judge; sealed bids, including the number of bids 5.28 received, prior to the opening of the bids; parking space 5.29 leasing data; and labor relations information, provided that 5.30 specific labor relations information which relates to a specific 5.31 labor organization is classified as protected nonpublic data 5.32 pursuant to section 13.02, subdivision 13. 5.33 Sec. 7. Minnesota Statutes 1994, section 13.40, 5.34 subdivision 2, is amended to read: 5.35 Subd. 2. [PRIVATE DATA; LIBRARY BORROWERS.] (a) Except as 5.36 provided in paragraph (b), the following data maintained by a 6.1 library are private data on individuals and may not be disclosed 6.2 for other than library purposes except pursuant to a court order: 6.3 (1) data that link a library patron's name with materials 6.4 requested or borrowed by the patron or that link a patron's name 6.5 with a specific subject about which the patron has requested 6.6 information or materials; or 6.7 (2) data in applications for borrower cards, other than the 6.8 name of the borrower. 6.9 (b) A library may release reserved materials to a family 6.10 member or other person who resides with a library patron and who 6.11 is picking up the material on behalf of the patron. A patron 6.12 may request that reserved materials be released only to the 6.13 patron. 6.14 Sec. 8. Minnesota Statutes 1994, section 13.42, 6.15 subdivision 1, is amended to read: 6.16 Subdivision 1. [DEFINITION.] As used in this section: (a) 6.17 "Directory information" means name of the patient, date 6.18 admitted, and general condition , and date released. 6.19 (b) "Medical data" means data collected because an 6.20 individual was or is a patient or client of a hospital, nursing 6.21 home, medical center, clinic, health or nursing agency operated 6.22 by a state agency or political subdivision including business 6.23 and financial records, data provided by private health care 6.24 facilities, and data provided by or about relatives of the 6.25 individual. 6.26 Sec. 9. Minnesota Statutes 1994, section 13.42, 6.27 subdivision 2, is amended to read: 6.28 Subd. 2. [PUBLIC HOSPITALS; DIRECTORY INFORMATION.] If(a) 6.29 During the time that a person is a patient in a hospital 6.30 operated by a state agency or political subdivision pursuant to 6.31 legal commitment, directory information is public data. After 6.32 the person is released, the directory information is private 6.33 data on individuals. 6.34 (b) If a person is a patient other than pursuant to 6.35 commitment in a hospital controlled by a state agency or 6.36 political subdivision, directory information is public data 7.1 unless the patient requests otherwise, in which case it is 7.2 private data on individuals. 7.3 (c) Directory information about an emergency patient who is 7.4 unable to communicate which is public under this subdivision 7.5 shall not be released until a reasonable effort is made to 7.6 notify the next of kin. Although an individual has requested 7.7 that directory information be private, the hospital may release 7.8 directory information to a law enforcement agency pursuant to a 7.9 lawful investigation pertaining to that individual. 7.10 Sec. 10. Minnesota Statutes 1995 Supplement, section 7.11 13.43, subdivision 2, is amended to read: 7.12 Subd. 2. [PUBLIC DATA.] (a) Except for employees described 7.13 in subdivision 5, the following personnel data on current and 7.14 former employees, volunteers, and independent contractors of a 7.15 state agency, statewide system, or political subdivision and 7.16 members of advisory boards or commissions is public: 7.17 (1) name; actual gross salary; salary range; contract fees; 7.18 actual gross pension; the value and nature of employer paid 7.19 fringe benefits; and the basis for and the amount of any added 7.20 remuneration, including expense reimbursement, in addition to 7.21 salary; 7.22 (2) job title; job description; education and training 7.23 background; and previous work experience; 7.24 (3) date of first and last employment; 7.25 (4) the existence and status of any complaints or charges 7.26 against the employee, regardless of whether the complaint or 7.27 charge resulted in a disciplinary action; 7.28 (5) the final disposition of any disciplinary action 7.29 together with the specific reasons for the action and data 7.30 documenting the basis of the action, excluding data that would 7.31 identify confidential sources who are employees of the public 7.32 body; 7.33 (6) the terms of any agreement settling any dispute arising 7.34 out of an employment relationship or of, including a buyout 7.35 agreement ,as defined in section 123.34, subdivision 9a, 7.36 paragraph (a); except that the agreement must include specific 8.1 reasons for the agreement if it involves the payment of more 8.2 than $10,000 of public money; 8.3 (7) work location; a work telephone number; badge number; 8.4 and honors and awards received; and 8.5 (8) payroll time sheets or other comparable data that are 8.6 only used to account for employee's work time for payroll 8.7 purposes, except to the extent that release of time sheet data 8.8 would reveal the employee's reasons for the use of sick or other 8.9 medical leave or other not public data; and city and county of 8.10 residence. 8.11 (b) For purposes of this subdivision, a final disposition 8.12 occurs when the state agency, statewide system, or political 8.13 subdivision makes its final decision about the disciplinary 8.14 action, regardless of the possibility of any later proceedings 8.15 or court proceedings. In the case of arbitration proceedings 8.16 arising under collective bargaining agreements, a final 8.17 disposition occurs at the conclusion of the arbitration 8.18 proceedings, or upon the failure of the employee to elect 8.19 arbitration within the time provided by the collective 8.20 bargaining agreement. Final disposition includes a resignation 8.21 by an individual when the resignation occurs after the final 8.22 decision of the state agency, statewide system, political 8.23 subdivision, or arbitrator. 8.24 (c) The state agency, statewide system, or political 8.25 subdivision may display a photograph of a current or former 8.26 employee to a prospective witness as part of the state agency's, 8.27 statewide system's, or political subdivision's investigation of 8.28 any complaint or charge against the employee. 8.29 (d) A complainant has access to a statement provided by the 8.30 complainant to a state agency, statewide system, or political 8.31 subdivision in connection with a complaint or charge against an 8.32 employee. 8.33 (e) Notwithstanding paragraph (a), clause (5), upon 8.34 completion of an investigation of a complaint or charge against 8.35 a public official, or if a public official resigns or is 8.36 terminated from employment while the complaint or charge is 9.1 pending, all data relating to the complaint or charge are 9.2 public, unless access to the data would jeopardize an active 9.3 investigation or reveal confidential sources. For purposes of 9.4 this paragraph, "public official" means: 9.5 (1) the head of a state agency and deputy and assistant 9.6 state agency heads; 9.7 (2) members of boards or commissions required by law to be 9.8 appointed by the governor or other elective officers; and 9.9 (3) executive or administrative heads of departments, 9.10 bureaus, divisions, or institutions. 9.11 Sec. 11. Minnesota Statutes 1994, section 13.43, is 9.12 amended by adding a subdivision to read: 9.13 Subd. 10. [PROHIBITION ON AGREEMENTS LIMITING DISCLOSURE 9.14 OR DISCUSSION OF PERSONNEL DATA.] (a) A state agency, statewide 9.15 system, or political subdivision may not enter into an agreement 9.16 settling a dispute arising out of the employment relationship 9.17 with the purpose or effect of limiting access to or disclosure 9.18 of personnel data or limiting the discussion of information or 9.19 opinions related to personnel data. An agreement or portion of 9.20 an agreement that violates this paragraph is void and 9.21 unenforceable. 9.22 (b) Paragraph (a) applies to the following, but only to the 9.23 extent that the data or information could otherwise be made 9.24 accessible to the public: 9.25 (1) an agreement not to discuss, publicize, or comment on 9.26 personnel data or information; 9.27 (2) an agreement that limits the ability of the subject of 9.28 personnel data to release or consent to the release of data; or 9.29 (3) any other provision of an agreement that has the effect 9.30 of limiting the disclosure or discussion of information that 9.31 could otherwise be made accessible to the public, except a 9.32 provision that limits the ability of an employee to release or 9.33 discuss private data that identifies other employees. 9.34 (c) Paragraph (a) also applies to a court order that 9.35 contains terms or conditions prohibited by paragraph (a). 9.36 Sec. 12. Minnesota Statutes 1994, section 13.43, is 10.1 amended by adding a subdivision to read: 10.2 Subd. 11. [PROTECTION OF EMPLOYEE OR OTHERS.] (a) If the 10.3 responsible authority or designee of a state agency, statewide 10.4 system, or political subdivision reasonably determines that the 10.5 release of personnel data is necessary to protect an employee 10.6 from harm to self or to protect another person who may be harmed 10.7 by the employee, data that are relevant to the concerns for 10.8 safety may be released as provided in this subdivision. 10.9 (b) The data may be released: 10.10 (1) to the person who may be harmed and to an attorney 10.11 representing the person when the data are relevant to obtaining 10.12 a restraining order; 10.13 (2) to a prepetition screening team conducting an 10.14 investigation of the employee under section 253B.07, subdivision 10.15 1; or 10.16 (3) to a court, law enforcement agency, or prosecuting 10.17 authority. 10.18 (c) Section 13.03, subdivision 4, paragraph (c), applies to 10.19 data released under this subdivision, except to the extent that 10.20 the data have a more restrictive classification in the 10.21 possession of the agency or authority that receives the data. 10.22 If the person who may be harmed or the person's attorney 10.23 receives data under this subdivision, the data may be used or 10.24 released further only to the extent necessary to protect the 10.25 person from harm. 10.26 Sec. 13. Minnesota Statutes 1995 Supplement, section 10.27 13.46, subdivision 2, is amended to read: 10.28 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 10.29 a statute specifically provides a different classification, data 10.30 on individuals collected, maintained, used, or disseminated by 10.31 the welfare system is private data on individuals, and shall not 10.32 be disclosed except: 10.33 (1) pursuant to section 13.05; 10.34 (2) pursuant to court order; 10.35 (3) pursuant to a statute specifically authorizing access 10.36 to the private data; 11.1 (4) to an agent of the welfare system, including a law 11.2 enforcement person, attorney, or investigator acting for it in 11.3 the investigation or prosecution of a criminal or civil 11.4 proceeding relating to the administration of a program; 11.5 (5) to personnel of the welfare system who require the data 11.6 to determine eligibility, amount of assistance, and the need to 11.7 provide services of additional programs to the individual; 11.8 (6) to administer federal funds or programs; 11.9 (7) between personnel of the welfare system working in the 11.10 same program; 11.11 (8) the amounts of cash public assistance and relief paid 11.12 to welfare recipients in this state, including their names, 11.13 social security numbers, income, addresses, and other data as 11.14 required, upon request by the department of revenue to 11.15 administer the property tax refund law, supplemental housing 11.16 allowance, early refund of refundable tax credits, and the 11.17 income tax. "Refundable tax credits" means the dependent care 11.18 credit under section 290.067, the Minnesota working family 11.19 credit under section 290.0671, the property tax refund under 11.20 section 290A.04, and, if the required federal waiver or waivers 11.21 are granted, the federal earned income tax credit under section 11.22 32 of the Internal Revenue Code; 11.23 (9) to the Minnesota department of economic security for 11.24 the purpose of monitoring the eligibility of the data subject 11.25 for reemployment insurance, for any employment or training 11.26 program administered, supervised, or certified by that agency, 11.27 or for the purpose of administering any rehabilitation program, 11.28 whether alone or in conjunction with the welfare system, and to 11.29 verify receipt of energy assistance for the telephone assistance 11.30 plan; 11.31 (10) to appropriate parties in connection with an emergency 11.32 if knowledge of the information is necessary to protect the 11.33 health or safety of the individual or other individuals or 11.34 persons; 11.35 (11) data maintained by residential programs as defined in 11.36 section 245A.02 may be disclosed to the protection and advocacy 12.1 system established in this state pursuant to Part C of Public 12.2 Law Number 98-527 to protect the legal and human rights of 12.3 persons with mental retardation or other related conditions who 12.4 live in residential facilities for these persons if the 12.5 protection and advocacy system receives a complaint by or on 12.6 behalf of that person and the person does not have a legal 12.7 guardian or the state or a designee of the state is the legal 12.8 guardian of the person; 12.9 (12) to the county medical examiner or the county coroner 12.10 for identifying or locating relatives or friends of a deceased 12.11 person; 12.12 (13) data on a child support obligor who makes payments to 12.13 the public agency may be disclosed to the higher education 12.14 services office to the extent necessary to determine eligibility 12.15 under section 136A.121, subdivision 2, clause (5); 12.16 (14) participant social security numbers and names 12.17 collected by the telephone assistance program may be disclosed 12.18 to the department of revenue to conduct an electronic data match 12.19 with the property tax refund database to determine eligibility 12.20 under section 237.70, subdivision 4a; 12.21 (15) the current address of a recipient of aid to families 12.22 with dependent children may be disclosed to law enforcement 12.23 officers who provide the name and social security number of the 12.24 recipient and satisfactorily demonstrate that: (i) the 12.25 recipient is a fugitive felon, including the grounds for this 12.26 determination; (ii) the location or apprehension of the felon is 12.27 within the law enforcement officer's official duties; and (iii) 12.28 the request is made in writing and in the proper exercise of 12.29 those duties; 12.30 (16) the current address of a recipient of general 12.31 assistance, work readiness, or general assistance medical care 12.32 may be disclosed to probation officers and corrections agents 12.33 who are supervising the recipient, and to law enforcement 12.34 officers who are investigating the recipient in connection with 12.35 a felony level offense; 12.36 (17) information obtained from food stamp applicant or 13.1 recipient households may be disclosed to local, state, or 13.2 federal law enforcement officials, upon their written request, 13.3 for the purpose of investigating an alleged violation of the 13.4 food stamp act, in accordance with Code of Federal Regulations, 13.5 title 7, section 272.1(c); 13.6 (18) data on a child support obligor who is in arrears may 13.7 be disclosed for purposes of publishing the data pursuant to 13.8 section 518.575; 13.9 (19) data on child support payments made by a child support 13.10 obligor may be disclosed to the obligee; or13.11 (20) data in the work reporting system may be disclosed 13.12 under section 256.998, subdivision 7; 13.13 (21) to the department of children, families, and learning 13.14 for the purpose of matching department of children, families, 13.15 and learning student data with public assistance data to 13.16 determine students eligible for free and reduced price meals, 13.17 meal supplements, and free milk pursuant to United States Code, 13.18 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 13.19 produce accurate numbers of students receiving aid to families 13.20 with dependent children as required by section 124.175; and to 13.21 allocate federal and state funds that are distributed based on 13.22 income of the student's family; or 13.23 (22) the current address and telephone number of program 13.24 recipients and emergency contacts may be released to the 13.25 commissioner of health or a local board of health as defined in 13.26 section 145A.02, subdivision 2, when the commissioner or local 13.27 board of health has reason to believe that a program recipient 13.28 is a disease case, carrier, suspect case, or at risk of illness, 13.29 and the data are necessary to locate the person. 13.30 (b) Information on persons who have been treated for drug 13.31 or alcohol abuse may only be disclosed in accordance with the 13.32 requirements of Code of Federal Regulations, title 42, sections 13.33 2.1 to 2.67. 13.34 (c) Data provided to law enforcement agencies under 13.35 paragraph (a), clause (15), (16), or (17), or paragraph (b), are 13.36 investigative data and are confidential or protected nonpublic 14.1 while the investigation is active. The data are private after 14.2 the investigation becomes inactive under section 13.82, 14.3 subdivision 5, paragraph (a) or (b). 14.4 (d) Mental health data shall be treated as provided in 14.5 subdivisions 7, 8, and 9, but is not subject to the access 14.6 provisions of subdivision 10, paragraph (b). 14.7 Sec. 14. [13.621] [TWO HARBORS DEVELOPMENT COMMISSION 14.8 DATA.] 14.9 Subdivision 1. [NONPUBLIC DATA.] The following data that 14.10 are submitted to the Two Harbors development commission by 14.11 businesses that are requesting financial assistance are 14.12 nonpublic data: financial statements, business plans, income 14.13 and expense projections, customer lists, balance sheets, net 14.14 worth calculations, and market data, including feasibility 14.15 studies not paid for with public funds. 14.16 Subd. 2. [PUBLIC DATA.] Data submitted to the commission 14.17 under subdivision 1 become public data if the commission 14.18 provides financial assistance to the business except that the 14.19 following data remain nonpublic: business plans, income and 14.20 expense projections, customer lists, and market data, including 14.21 feasibility studies not paid for with public funds. 14.22 Sec. 15. [13.622] [MOORHEAD ECONOMIC DEVELOPMENT AUTHORITY 14.23 DATA.] 14.24 Subdivision 1. [NONPUBLIC DATA.] The following data 14.25 submitted to the city of Moorhead and to the Moorhead economic 14.26 development authority by businesses that are requesting 14.27 financial assistance are nonpublic data: financial statements, 14.28 business plans, income and expense projections, customer lists, 14.29 balance sheets, and market and feasibility studies not paid for 14.30 with public funds. 14.31 Subd. 2. [PUBLIC DATA.] Data submitted to the city and the 14.32 city's economic development authority under subdivision 1 become 14.33 public data if the city provides financial assistance to the 14.34 business except that the following data remain nonpublic: 14.35 business plans, income and expense projections, customer lists, 14.36 and market and feasibility studies not paid for with public 15.1 funds. 15.2 Sec. 16. Minnesota Statutes 1994, section 13.82, 15.3 subdivision 13, is amended to read: 15.4 Subd. 13. [PROPERTY DATA.] Data that uniquely describe 15.5 stolen, lost, confiscated, or recovered property or property15.6 described in pawn shop transaction recordsare classified as 15.7 either private data on individuals or nonpublic data depending 15.8 on the content of the not public data. 15.9 Sec. 17. Minnesota Statutes 1994, section 13.82, is 15.10 amended by adding a subdivision to read: 15.11 Subd. 18. [PAWNSHOP DATA.] Data that would reveal the 15.12 identity of persons who are customers of a licensed pawnbroker 15.13 or secondhand goods dealer are private data on individuals. 15.14 Data describing the property in a regulated transaction with a 15.15 licensed pawnbroker or secondhand goods dealer are public. 15.16 Sec. 18. Minnesota Statutes 1994, section 13.99, is 15.17 amended by adding a subdivision to read: 15.18 Subd. 89a. [CRIMINAL ALERT NETWORK.] Data on private 15.19 sector members of the criminal alert network are classified 15.20 under section 299A.61, subdivision 2. 15.21 Sec. 19. Minnesota Statutes 1995 Supplement, section 15.22 62J.451, subdivision 7, is amended to read: 15.23 Subd. 7. [DISSEMINATION OF REPORTS; OTHER INFORMATION.] 15.24 (a) The health data institute shall establish a mechanism for 15.25 the dissemination of reports and other information to consumers, 15.26 group purchasers, health plan companies, providers, and the 15.27 state. When applicable, the health data institute shall 15.28 coordinate its dissemination of information responsibilities 15.29 with those of the commissioner, to the extent administratively 15.30 efficient and effective. 15.31 (b) The health data institute may require those requesting 15.32 data from its databases to contribute toward the cost of data 15.33 collection through the payments of fees. 15.34 (c) The health data institute shall not allow a group 15.35 purchaser or health care provider to use or have access to the15.36 electronic data interchange system orto access data under 16.1 section 62J.452, subdivision 6 or 7, unless the group purchaser 16.2 or health care provider cooperates with the data collection 16.3 efforts of the health data institute by submitting or making 16.4 available through the EDI system or other means all data 16.5 requested by the health data institute. The health data 16.6 institute shall prohibit group purchasers and health care 16.7 providers from transferring, providing, or sharing data obtained 16.8 from the health data institute under section 62J.452, 16.9 subdivision 6 or 7, with a group purchaser or health care 16.10 provider that does not cooperate with the data collection 16.11 efforts of the health data institute. 16.12 Sec. 20. Minnesota Statutes 1995 Supplement, section 16.13 62J.451, subdivision 9, is amended to read: 16.14 Subd. 9. [BOARD OF DIRECTORS.] The health data institute 16.15 is governed by a 20-member board of directors consisting of the 16.16 following members: 16.17 (1) two representatives of hospitals , oneappointed by the 16.18 Minnesota Hospital Association and one appointed by the16.19 Metropolitan HealthCare Counciland Health Care Partnership, to 16.20 reflect a mix of urban and rural institutions; 16.21 (2) four representatives of health carriers, two appointed 16.22 by the Minnesota council of health maintenance organizations, 16.23 one appointed by Blue Cross and Blue Shield of Minnesota, and 16.24 one appointed by the Insurance Federation of Minnesota; 16.25 (3) two consumer members, one appointed by the 16.26 commissioner, and one appointed by the AFL-CIO as a labor union 16.27 representative; 16.28 (4) five group purchaser representatives appointed by the 16.29 Minnesota consortium of health care purchasers to reflect a mix 16.30 of urban and rural, large and small, and self-insured 16.31 purchasers; 16.32 (5) two physicians appointed by the Minnesota Medical 16.33 Association, to reflect a mix of urban and rural practitioners; 16.34 (6) one representative of teaching and research 16.35 institutions, appointed jointly by the Mayo Foundation and the 16.36 Minnesota Association of Public Teaching Hospitals; 17.1 (7) one nursing representative appointed by the Minnesota 17.2 Nurses Association; and 17.3 (8) three representatives of state agencies, one member 17.4 representing the department of employee relations, one member 17.5 representing the department of human services, and one member 17.6 representing the department of health. 17.7 Sec. 21. Minnesota Statutes 1995 Supplement, section 17.8 62J.451, subdivision 12, is amended to read: 17.9 Subd. 12. [STAFF.] The board may hire an executive 17.10 director. The executive director and other health data 17.11 institute staff are not state employees but are covered by 17.12 section 3.736. The executive director and other health data17.13 institute staff may participate in the following plans for17.14 employees in the unclassified service until January 1, 1996:17.15 the state retirement plan, the state deferred compensation plan,17.16 and the health, dental, and life insurance plans.The attorney 17.17 general shall provide legal services to the board. 17.18 Sec. 22. Minnesota Statutes 1994, section 62J.51, is 17.19 amended by adding a subdivision to read: 17.20 Subd. 3a. [CARD ISSUER.] "Card issuer" means the group 17.21 purchaser who is responsible for printing and distributing 17.22 identification cards to members or insureds. 17.23 Sec. 23. Minnesota Statutes 1994, section 62J.51, is 17.24 amended by adding a subdivision to read: 17.25 Subd. 6a. [CLAIM STATUS TRANSACTION SET (ANSI ASC X12 17.26 276/277).] "Claim status transaction set (ANSI ASC X12 276/277)" 17.27 means the transaction format developed and approved for 17.28 implementation in December 1993 and used by providers to request 17.29 and receive information on the status of a health care claim or 17.30 encounter that has been submitted to a group purchaser. 17.31 Sec. 24. Minnesota Statutes 1994, section 62J.51, is 17.32 amended by adding a subdivision to read: 17.33 Subd. 6b. [CLAIM SUBMISSION ADDRESS.] "Claim submission 17.34 address" means the address to which the group purchaser requires 17.35 health care providers, members, or insureds to send health care 17.36 claims for processing. 18.1 Sec. 25. Minnesota Statutes 1994, section 62J.51, is 18.2 amended by adding a subdivision to read: 18.3 Subd. 6c. [CLAIM SUBMISSION NUMBER.] "Claim submission 18.4 number" means the unique identification number to identify group 18.5 purchasers as described in section 62J.54, with its suffix 18.6 identifying the claim submission address. 18.7 Sec. 26. Minnesota Statutes 1995 Supplement, section 18.8 62J.54, subdivision 1, is amended to read: 18.9 Subdivision 1. [UNIQUE IDENTIFICATION NUMBER FOR HEALTH 18.10 CARE PROVIDER ORGANIZATIONS.] (a) On and after January 1, 1998, 18.11 all group purchasers and health care providers in Minnesota 18.12 shall use a unique identification number to identify health care 18.13 provider organizations, except as provided in paragraph (d)(e). 18.14 (b) Following the recommendation of the workgroup for18.15 electronic data interchange, the federal tax identification18.16 number assigned to each health care provider organization by the18.17 Internal Revenue Service of the Department of the TreasuryThe 18.18 first eight digits of the national provider identifier 18.19 maintained by the federal Health Care Financing Administration 18.20 shall be used as the unique identification number for health 18.21 care provider organizations. 18.22 (c) Provider organizations required to have a national 18.23 provider identifier are: 18.24 (1) hospitals licensed under chapter 144; 18.25 (2) nursing homes and hospices licensed under chapter 144A; 18.26 (3) subacute care facilities; 18.27 (4) individual providers organized as a clinic or group 18.28 practice; 18.29 (5) independent laboratory, pharmacy, surgery, radiology, 18.30 or outpatient facilities; 18.31 (6) ambulance services licensed under chapter 144; and 18.32 (7) special transportation services certified under chapter 18.33 174. 18.34 Provider organizations shall obtain a national provider 18.35 identifier from the federal Health Care Financing Administration 18.36 using the federal Health Care Financing Administration's 19.1 prescribed process. 19.2 (d) Only the unique health care provider organization 19.3 identifier shall be used for purposes of submitting and 19.4 receiving claims, and in conjunction with other data collection 19.5 and reporting functions. 19.6 (d)(e) The state and federal health care programs 19.7 administered by the department of human services shall use the 19.8 unique identification number assigned to health care providers 19.9 for implementation of the Medicaid Management Information System 19.10 or the uniform provider identification number (UPIN) assigned by19.11 the Health Care Financing Administrationthe national provider 19.12 identifier maintained by the federal Health Care Financing 19.13 Administration. 19.14 (f) The commissioner of health may become a subscriber to 19.15 the federal Health Care Financing Administration's national 19.16 provider system to implement this subdivision. 19.17 Sec. 27. Minnesota Statutes 1995 Supplement, section 19.18 62J.54, subdivision 2, is amended to read: 19.19 Subd. 2. [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL 19.20 HEALTH CARE PROVIDERS.] (a) On and after January 1, 1998, all 19.21 group purchasers and health care providers in Minnesota shall 19.22 use a unique identification number to identify an individual 19.23 health care provider, except as provided in paragraph (d)(e). 19.24 (b) The uniform provider identification number (UPIN)19.25 assigned by the Health Care Financing AdministrationThe first 19.26 eight digits of the national provider identifier maintained by 19.27 the federal Health Care Financing Administration's national 19.28 provider system shall be used as the unique identification 19.29 number for individual health care providers. Providers who do19.30 not currently have a UPIN number shall request one from the19.31 health care financing administration.19.32 (c) Individual providers required to have a national 19.33 provider identifier are: 19.34 (1) physicians licensed under chapter 147; 19.35 (2) dentists licensed under chapter 150A; 19.36 (3) chiropractors licensed under chapter 148; 20.1 (4) podiatrists licensed under chapter 153; 20.2 (5) physician assistants as defined under section 147A.01; 20.3 (6) advanced practice nurses as defined under section 20.4 62A.15; 20.5 (7) doctors of optometry licensed under section 148.57; 20.6 (8) individual providers who may bill Medicare for medical 20.7 and other health services as defined in United States Code, 20.8 title 42, section 1395x(s); and 20.9 (9) individual providers who are providers for state and 20.10 federal health care programs administered by the commissioner of 20.11 human services. 20.12 Providers shall obtain a national provider identifier from 20.13 the federal Health Care Financing Administration using the 20.14 Health Care Financing Administration's prescribed process. 20.15 (d) Only the unique individual health care provider 20.16 identifier shall be used for purposes of submitting and 20.17 receiving claims, and in conjunction with other data collection 20.18 and reporting functions. 20.19 (d)(e) The state and federal health care programs 20.20 administered by the department of human services shall use the 20.21 unique identification number assigned to health care providers 20.22 for implementation of the Medicaid Management Information System 20.23 or the uniform provider identification number (UPIN) assigned by20.24 the health care financing administrationnational provider 20.25 identifier maintained by the federal Health Care Financing 20.26 Administration. 20.27 (f) The commissioner of health may become a subscriber to 20.28 the federal Health Care Financing Administration's national 20.29 provider system to implement this subdivision. 20.30 Sec. 28. Minnesota Statutes 1995 Supplement, section 20.31 62J.54, subdivision 3, is amended to read: 20.32 Subd. 3. [UNIQUE IDENTIFICATION NUMBER FOR GROUP 20.33 PURCHASERS.] (a) On and after January 1, 1998, all group 20.34 purchasers and health care providers in Minnesota shall use a 20.35 unique identification number to identify group purchasers. 20.36 (b) The federal tax identification number assigned to each21.1 group purchaser by the Internal Revenue Service of the21.2 Department of the Treasurypayer identification number assigned 21.3 for the federal Health Care Financing Administration's PAYERID 21.4 system shall be used as the unique identification number for 21.5 group purchasers. This paragraph applies until the codes21.6 described in paragraph (c) are available and feasible to use, as21.7 determined by the commissioner.21.8 (c) A two-part code, consisting of 11 characters and21.9 modeled after the National Association of Insurance21.10 Commissioners company code shall be assigned to each group21.11 purchaser and used as the unique identification number for group21.12 purchasers. The first six characters, or prefix, shall contain21.13 the numeric code, or company code, assigned by the National21.14 Association of Insurance Commissioners. The last five21.15 characters, or suffix, which is optional, shall contain further21.16 codes that will enable group purchasers to further route21.17 electronic transaction in their internal systems.Group 21.18 purchasers shall obtain a payer identifier number from the 21.19 federal Health Care Financing Administration using the Health 21.20 Care Financing Administration's prescribed process. 21.21 (d) The unique group purchaser identifier, as described in 21.22 this section, shall be used for purposes of submitting and 21.23 receiving claims, and in conjunction with other data collection 21.24 and reporting functions. 21.25 (e) The commissioner of health may become a registry user 21.26 to the federal Health Care Financing Administration's PAYERID 21.27 system to implement this subdivision. 21.28 Sec. 29. Minnesota Statutes 1994, section 62J.56, 21.29 subdivision 2, is amended to read: 21.30 Subd. 2. [IDENTIFICATION OF CORE TRANSACTION SETS.] (a) 21.31 All category I and II industry participants in Minnesota shall 21.32 comply with the standards developed by the ANSI ASC X12 for the 21.33 following core transaction sets, according to the implementation 21.34 plan outlined for each transaction set. 21.35 (1) ANSI ASC X12 835 health care claim payment/advice 21.36 transaction set. 22.1 (2) ANSI ASC X12 837 health care claim transaction set. 22.2 (3) ANSI ASC X12 834 health care enrollment transaction set. 22.3 (4) ANSI ASC X12 270/271 health care eligibility 22.4 transaction set. 22.5 (5) ANSI ASC X12 276/277 health care claims status 22.6 request/notification transaction set. 22.7 (b) The commissioner, with the advice of the Minnesota 22.8 health data institute and the Minnesota administrative 22.9 uniformity committee, and in coordination with federal efforts, 22.10 may approve the use of new ASC X12 standards, or new versions of 22.11 existing standards, as they become available, or other 22.12 nationally recognized standards, where appropriate ASC X12 22.13 standards are not available for use. These alternative 22.14 standards may be used during a transition period while ASC X12 22.15 standards are developed. 22.16 Sec. 30. Minnesota Statutes 1995 Supplement, section 22.17 62J.58, is amended to read: 22.18 62J.58 [IMPLEMENTATION OF STANDARD TRANSACTION SETS.] 22.19 Subdivision 1. [CLAIMS PAYMENT.] Six months from the date 22.20 the commissioner formally recommends the use of guides to 22.21 implement core transaction sets pursuant to section 62J.56, 22.22 subdivision 3, all category I industry participants and all 22.23 category II industry participants, except pharmacists, shall be 22.24 able to submit or accept, as appropriate, the ANSI ASC X12 835 22.25 health care claim payment/advice transaction set (draft standard 22.26 for trial use version 3030/release 3051) for electronic 22.27 submission of payment information to health care providers. 22.28 Subd. 2. [CLAIMS SUBMISSION.] Six months from the date the 22.29 commissioner formally recommends the use of guides to implement 22.30 core transaction sets pursuant to section 62J.56, subdivision 3, 22.31 all category I and category II industry participants, except 22.32 pharmacists, shall be able to accept or submit, as appropriate, 22.33 the ANSI ASC X12 837 health care claim transaction set (draft 22.34 standard for trial use version 3030/release 3051) for the 22.35 electronic transfer of health care claim information. 22.36 Subd. 2a. [CLAIM STATUS INFORMATION.] Six months from the 23.1 date the commissioner formally recommends the use of guides to 23.2 implement core transaction sets under section 62J.56, 23.3 subdivision 3, all category I and II industry participants, 23.4 excluding pharmacists, may accept or submit the ANSI ASC X12 23.5 276/277 health care claim status transaction set (draft standard 23.6 for trial use version/release 3051) for the electronic transfer 23.7 of health care claim status information. 23.8 Subd. 3. [ENROLLMENT INFORMATION.] Six months from the 23.9 date the commissioner formally recommends the use of guides to 23.10 implement core transaction sets pursuant to section 62J.56, 23.11 subdivision 3, all category I and category II industry 23.12 participants, excluding pharmacists, shall be able to accept or 23.13 submit, as appropriate, the ANSI ASC X12 834 health care 23.14 enrollment transaction set (draft standard for trial use version 23.15 3030/release 3051) for the electronic transfer of enrollment and 23.16 health benefit information. 23.17 Subd. 4. [ELIGIBILITY INFORMATION.] Six months from the 23.18 date the commissioner formally recommends the use of guides to 23.19 implement core transaction sets pursuant to section 62J.56, 23.20 subdivision 3, all category I and category II industry 23.21 participants, except pharmacists, shall be able to accept or 23.22 submit, as appropriate, the ANSI ASC X12 270/271 health care 23.23 eligibility transaction set (draft standard for trial use 23.24 version 3030/release 3051) for the electronic transfer of health 23.25 benefit eligibility information. 23.26 Subd. 5. [APPLICABILITY.] This section does not require a 23.27 group purchaser, health care provider, or employer to use 23.28 electronic data interchange or to have the capability to do so. 23.29 This section applies only to the extent that a group purchaser, 23.30 health care provider, or employer chooses to use electronic data 23.31 interchange. 23.32 Sec. 31. Minnesota Statutes 1994, section 62J.60, 23.33 subdivision 2, is amended to read: 23.34 Subd. 2. [GENERAL CHARACTERISTICS.] (a) The Minnesota 23.35 health care identification card must be a preprinted card 23.36 constructed of plastic, paper, or any other medium that conforms 24.1 with ANSI and ISO 7810 physical characteristics standards. The 24.2 card dimensions must also conform to ANSI and ISO 7810 physical 24.3 characteristics standard. The use of a signature panel is 24.4 optional. 24.5 (b) The Minnesota health care identification card must have 24.6 an essential information window in the front side with the 24.7 following data elements left justified in the following top to 24.8 bottom sequence: card issuer name, issuerclaim submission 24.9 number, identification number, identification name. No optional 24.10 data may be interspersed between these data elements. The 24.11 window must be left justified. 24.12 (c) Standardized labels are required next to human readable 24.13 data elements. The card issuer may decide the location of the 24.14 standardized label relative to the data element. 24.15 Sec. 32. Minnesota Statutes 1994, section 62J.60, 24.16 subdivision 3, is amended to read: 24.17 Subd. 3. [HUMAN READABLE DATA ELEMENTS.] (a) The following 24.18 are the minimum human readable data elements that must be 24.19 present on the front side of the Minnesota health care 24.20 identification card: 24.21 (1) card issuer name or logo, which is the name or logo 24.22 that identifies the card issuer. The card issuer name or logo 24.23 may be the card's front background. No standard label is 24.24 required for this data element; 24.25 (2) issuerclaim submission number , which is the unique24.26 card issuer number consisting of a base number assigned by a24.27 registry process followed by a suffix number assigned by the24.28 card issuer. The use of this element is mandatory within one24.29 year of the establishment of a process for this identifier. The 24.30 standardized label for this element is " IssuerClm Subm #"; 24.31 (3) identification number, which is the unique 24.32 identification number of the individual card holder established 24.33 and defined under this section. The standardized label for the 24.34 data element is "ID"; 24.35 (4) identification name, which is the name of the 24.36 individual card holder. The identification name must be 25.1 formatted as follows: first name, space, optional middle 25.2 initial, space, last name, optional space and name suffix. The 25.3 standardized label for this data element is "Name"; 25.4 (5) account number(s), which is any other number, such as a 25.5 group number, if required for part of the identification or 25.6 claims process. The standardized label for this data element is 25.7 "Account"; 25.8 (6) care type, which is the description of the group 25.9 purchaser's plan product under which the beneficiary is 25.10 covered. The description shall include the health plan company 25.11 name and the plan or product name. The standardized label for 25.12 this data element is "Care Type"; 25.13 (7) service type, which is the description of coverage 25.14 provided such as hospital, dental, vision, prescription, or 25.15 mental health. The standard label for this data element is "Svc 25.16 Type"; and 25.17 (8) provider/clinic name, which is the name of the primary 25.18 care clinic the cardholder is assigned to by the health plan 25.19 company. The standard label for this field is "PCP." This 25.20 information is mandatory only if the health plan company assigns 25.21 a specific primary care provider to the cardholder. 25.22 (b) The following human readable data elements shall be 25.23 present on the back side of the Minnesota health identification 25.24 card. These elements must be left justified, and no optional 25.25 data elements may be interspersed between them: 25.26 (1) claims submission name(s) and address(es), which are 25.27 the name(s) and address(es) of the entity or entities to which 25.28 claims should be submitted. If different destinations are 25.29 required for different types of claims, this must be labeled; 25.30 (2) telephone number(s) and name(s); which are the 25.31 telephone number(s) and name(s) of the following contact(s) with 25.32 a standardized label describing the service function as 25.33 applicable: 25.34 (i) eligibility and benefit information; 25.35 (ii) utilization review; 25.36 (iii) precertification; or 26.1 (iv) customer services. 26.2 (c) The following human readable data elements are 26.3 mandatory on the back side of the card for health maintenance 26.4 organizations and integrated service networks: 26.5 (1) emergency care authorization telephone number or 26.6 instruction on how to receive authorization for emergency care. 26.7 There is no standard label required for this information; and 26.8 (2) telephone number to call to appeal to the commissioner 26.9 of health. There is no standard label required for this 26.10 information. 26.11 (d) All human readable data elements not required under 26.12 paragraphs (a) to (c) are optional and may be used at the 26.13 issuer's discretion. 26.14 Sec. 33. Minnesota Statutes 1995 Supplement, section 26.15 62Q.03, subdivision 9, is amended to read: 26.16 Subd. 9. [DATA COLLECTION AND DATA PRIVACY.] The 26.17 association members shall not have access to unaggregated data 26.18 on individuals or health plan companies. The association shall 26.19 develop, as a part of the plan of operation, procedures for 26.20 ensuring that data is collected by an appropriate entity. The 26.21 commissioners of health and commerce shall have the authority to 26.22 audit and examine data collected by the association for the 26.23 purposes of the development and implementation of the risk 26.24 adjustment system. Data on individuals obtained for the 26.25 purposes of risk adjustment development, testing, and operation 26.26 are designated as private data. Data not on individuals which 26.27 is obtained for the purposes of development, testing, and 26.28 operation of risk adjustment are designated as nonpublic data ., 26.29 except forthat the proposed and approved plan of operation, the 26.30 risk adjustment methodologies examined, the plan for testing, 26.31 the plan of the risk adjustment system, minutes of meetings, and 26.32 other general operating information are classified as public 26.33 data. Nothing in this section is intended to prohibit the 26.34 preparation of summary data under section 13.05, subdivision 7. 26.35 The association, state agencies, and any contractors having 26.36 access to this data shall maintain it in accordance with this 27.1 classification. The commissioners of health and human services 27.2 have the authority to collect data from health plan companies as 27.3 needed for the purpose of developing a risk adjustment mechanism 27.4 for public programs. 27.5 Sec. 34. Minnesota Statutes 1994, section 144.225, 27.6 subdivision 2, is amended to read: 27.7 Subd. 2. [DATA ABOUT BIRTHS.] (a) Except as otherwise 27.8 provided in this subdivision, data pertaining to the birth of a 27.9 child, to a woman who was not married to the child's father when 27.10 the child was conceived nor when the child was born, including 27.11 the original certificate of birth and the certified copy, are 27.12 confidential data. At the time of the birth of a child to a 27.13 woman who was not married to the child's father when the child 27.14 was conceived nor when the child was born, the mother may 27.15 designate on the birth registration form whether data pertaining 27.16 to the birth will be public data. Notwithstanding the 27.17 designation of the data as confidential, it may be disclosed to 27.18 a parent or guardian of the child, to the child when the child 27.19 is 18 years of age or older, pursuant to a court order, or under 27.20 paragraph (b). 27.21 (b) Unless the child is adopted, data pertaining to the 27.22 birth of a child that are not accessible to the public become 27.23 public data if 100 years have elapsed since the birth of the 27.24 child who is the subject of the data, or as provided under 27.25 section 13.10, whichever occurs first. 27.26 (c) If a child is adopted, data pertaining to the child's 27.27 birth are governed by the provisions relating to adoption 27.28 records, including sections 13.10, subdivision 5; 144.1761; 27.29 144.218, subdivision 1; and 259.89. The birth and death records 27.30 of the commissioner of health shall be open to inspection by the 27.31 commissioner of human services and it shall not be necessary for 27.32 the commissioner of human services to obtain an order of the 27.33 court in order to inspect records or to secure certified copies 27.34 of them. 27.35 (d) The name and address of a mother under paragraph (a) 27.36 and the child's date of birth may be disclosed to the county 28.1 social services or public health member of a family services 28.2 collaborative for purposes of providing services under section 28.3 121.8355. 28.4 Sec. 35. Minnesota Statutes 1994, section 144.225, is 28.5 amended by adding a subdivision to read: 28.6 Subd. 6. [GROUP PURCHASER IDENTITY; NONPUBLIC DATA; 28.7 DISCLOSURE.] (a) Except as otherwise provided in this 28.8 subdivision, the named identity of a group purchaser as defined 28.9 in section 62J.03, subdivision 6, collected in association with 28.10 birth registration is nonpublic data as defined in section 13.02. 28.11 (b) The commissioner may publish, or by other means release 28.12 to the public, the named identity of a group purchaser as part 28.13 of an analysis of information collected from the birth 28.14 registration process. Analysis means the identification of 28.15 trends in prenatal care and birth outcomes associated with group 28.16 purchasers. The commissioner may not reveal the named identity 28.17 of the group purchaser until the group purchaser has had 21 days 28.18 after receipt of the analysis to review the analysis and comment 28.19 on it. In releasing data under this subdivision, the 28.20 commissioner shall include comments received from the group 28.21 purchaser related to the scientific soundness and statistical 28.22 validity of the methods used in the analysis. This subdivision 28.23 does not authorize the commissioner to make public any 28.24 individual identifying data except as permitted by law. 28.25 (c) A group purchaser may contest whether an analysis made 28.26 public under paragraph (b) is based on scientifically sound and 28.27 statistically valid methods in a contested case proceeding under 28.28 sections 14.57 to 14.62, subject to appeal under sections 14.63 28.29 to 14.68. To obtain a contested case hearing, the group 28.30 purchaser must present a written request to the commissioner 28.31 before the end of the time period for review and comment. 28.32 Within ten days of the assignment of an administrative law 28.33 judge, the group purchaser must demonstrate by clear and 28.34 convincing evidence the group purchaser's likelihood of 28.35 succeeding on the merits. If the judge determines that the 28.36 group purchaser has made this demonstration, the data may not be 29.1 released during the contested case proceeding and through 29.2 appeal. If the judge finds that the group purchaser has not 29.3 made this demonstration, the commissioner may immediately 29.4 publish, or otherwise make public, the nonpublic group purchaser 29.5 data, with comments received as set forth in paragraph (b). 29.6 (d) The contested case proceeding and subsequent appeal is 29.7 not an exclusive remedy and any person may seek a remedy 29.8 pursuant to section 13.08, subdivisions 1 to 4, or as otherwise 29.9 authorized by law. 29.10 Sec. 36. Minnesota Statutes 1995 Supplement, section 29.11 144.335, subdivision 3a, is amended to read: 29.12 Subd. 3a. [PATIENT CONSENT TO RELEASE OF RECORDS; 29.13 LIABILITY.] (a) A provider, or a person who receives health 29.14 records from a provider, may not release a patient's health 29.15 records to a person without a signed and dated consent from the 29.16 patient or the patient's legally authorized representative 29.17 authorizing the release, unless the release is specifically 29.18 authorized by law. Except as provided in paragraph (c) or (d), 29.19 a consent is valid for one year or for a lesser period specified 29.20 in the consent or for a different period provided by law. 29.21 (b) This subdivision does not prohibit the release of 29.22 health records: 29.23 (1) for a medical emergency when the provider is unable to 29.24 obtain the patient's consent due to the patient's condition or 29.25 the nature of the medical emergency; or 29.26 (2) to other providers within related health care entities 29.27 when necessary for the current treatment of the patient. 29.28 (c) Notwithstanding paragraph (a), if a patient explicitly 29.29 gives informed consent to the release of health records for the 29.30 purposes and pursuant to the restrictions in clauses (1) and 29.31 (2), the consent does not expire after one year for: 29.32 (1) the release of health records to a provider who is 29.33 being advised or consulted with in connection with the current 29.34 treatment of the patient; 29.35 (2) the release of health records to an accident and health 29.36 insurer, health service plan corporation, health maintenance 30.1 organization, or third-party administrator for purposes of 30.2 payment of claims, fraud investigation, or quality of care 30.3 review and studies, provided that: 30.4 (i) the use or release of the records complies with 30.5 sections 72A.49 to 72A.505; 30.6 (ii) further use or release of the records in individually 30.7 identifiable form to a person other than the patient without the 30.8 patient's consent is prohibited; and 30.9 (iii) the recipient establishes adequate safeguards to 30.10 protect the records from unauthorized disclosure, including a 30.11 procedure for removal or destruction of information that 30.12 identifies the patient. 30.13 (d) Until June 1, 1996 , paragraph (a) does not prohibit30.14 the release of health records to qualified personnel solely for30.15 purposes of medical or scientific research, if the patient has30.16 not objected toNotwithstanding paragraph (a), health records 30.17 may be released to a researcher solely for purposes of medical 30.18 or scientific research only as follows: 30.19 (1) health records generated before January 1, 1997, may be 30.20 released if the patient has not objected or does not elect to 30.21 object after that date; 30.22 (2) for health records generated on or after January 1, 30.23 1997, the provider must: 30.24 (i) disclose in writing to patients currently being treated 30.25 by the provider that health records, regardless of when 30.26 generated, may be released and that the patient may object, in 30.27 which case the records will not be released; and 30.28 (ii) obtain the patient's written general authorization 30.29 that describes the release of records in item (i), which does 30.30 not expire but may be revoked or limited in writing at any time 30.31 by the patient or the patient's authorized representative; and 30.32 (3) the provider must, at the request of the patient, 30.33 provide information on how the patient may contact an external 30.34 researcher to whom the health record was released and the date 30.35 it was released. 30.36 In making a release for research purposes andthe 31.1 provider who releases the records makesshall make a reasonable 31.2 effort to determine that: 31.3 (i) the use or disclosure does not violate any limitations 31.4 under which the record was collected; 31.5 (ii) the use or disclosure in individually identifiable 31.6 form is necessary to accomplish the research or statistical 31.7 purpose for which the use or disclosure is to be made; 31.8 (iii) the recipient has established and maintains adequate 31.9 safeguards to protect the records from unauthorized disclosure, 31.10 including a procedure for removal or destruction of information 31.11 that identifies the patient; and 31.12 (iv) further use or release of the records in individually 31.13 identifiable form to a person other than the patient without the 31.14 patient's consent is prohibited. 31.15 (e) A person who negligently or intentionally releases a 31.16 health record in violation of this subdivision, or who forges a 31.17 signature on a consent form, or who obtains under false 31.18 pretenses the consent form or health records of another person, 31.19 or who, without the person's consent, alters a consent form, is 31.20 liable to the patient for compensatory damages caused by an 31.21 unauthorized release, plus costs and reasonable attorney's fees. 31.22 (f) Upon the written request of a spouse, parent, child, or 31.23 sibling of a patient being evaluated for or diagnosed with 31.24 mental illness, a provider shall inquire of a patient whether 31.25 the patient wishes to authorize a specific individual to receive 31.26 information regarding the patient's current and proposed course 31.27 of treatment. If the patient so authorizes, the provider shall 31.28 communicate to the designated individual the patient's current 31.29 and proposed course of treatment. Paragraph (a) applies to 31.30 consents given under this paragraph. 31.31 (g) In cases where a provider releases health records 31.32 without patient consent as authorized by law, the release must 31.33 be documented in the patient's health record. 31.34 Sec. 37. Minnesota Statutes 1994, section 145.64, is 31.35 amended by adding a subdivision to read: 31.36 Subd. 3. [HENNEPIN COUNTY EMERGENCY MEDICAL SERVICES 32.1 DATA.] Data collected, created, or maintained by the quality 32.2 committee of the Hennepin county emergency medical services 32.3 advisory council when conducting a health care review activity 32.4 of the emergency medical services function or services are 32.5 private data on individuals or nonpublic data not on 32.6 individuals, as defined in section 13.02. 32.7 Sec. 38. Minnesota Statutes 1994, section 148B.66, is 32.8 amended by adding a subdivision to read: 32.9 Subd. 3. [EXCHANGING INFORMATION.] (a) The office of 32.10 mental health practice shall establish internal operating 32.11 procedures for: 32.12 (1) exchanging information with state boards; agencies, 32.13 including the office of ombudsman for mental health and mental 32.14 retardation; health related and law enforcement facilities; 32.15 departments responsible for licensing health related 32.16 occupations, facilities, and programs; and law enforcement 32.17 personnel in this and other states; and 32.18 (2) coordinating investigations involving matters within 32.19 the jurisdiction of more than one regulatory agency. 32.20 Establishment of the operating procedures is not subject to 32.21 rulemaking under chapter 14. 32.22 (b) The procedures for exchanging information must provide 32.23 for the forwarding to the entities described in paragraph (a), 32.24 clause (1), of information and evidence, including the results 32.25 of investigations, that are relevant to matters within the 32.26 regulatory jurisdiction of the organizations in paragraph (a). 32.27 The data have the same classification in the hands of the agency 32.28 receiving the data as they have in the hands of the agency 32.29 providing the data. 32.30 (c) The office of mental health practice shall establish 32.31 procedures for exchanging information with other states 32.32 regarding disciplinary action against licensed and unlicensed 32.33 mental health practitioners. 32.34 (d) The office of mental health practice shall forward to 32.35 another governmental agency any complaints received by the 32.36 office that do not relate to the office's jurisdiction but that 33.1 relate to matters within the jurisdiction of the other 33.2 governmental agency. The agency to which a complaint is 33.3 forwarded shall advise the office of mental health practice of 33.4 the disposition of the complaint. A complaint or other 33.5 information received by another governmental agency relating to 33.6 a statute or rule that the office of mental health practice is 33.7 empowered to enforce must be forwarded to the office to be 33.8 processed in accordance with this section. 33.9 (e) The office of mental health practice shall furnish to a 33.10 person who made a complaint a description of the actions of the 33.11 office relating to the complaint. 33.12 Sec. 39. Minnesota Statutes 1994, section 150A.081, is 33.13 amended to read: 33.14 150A.081 [ACCESS TO MEDICAL DATA.] 33.15 Subdivision 1. [ACCESS TO DATA ON LICENSEE OR REGISTRANT.] 33.16 When the board has probable cause to believe that a licensee's 33.17 or registrant's condition meets a ground listed in section 33.18 150A.08, subdivision 1, clause (4) or (8), it may, 33.19 notwithstanding sections 13.42, 144.651, or any other law 33.20 limiting access to medical data, obtain medical or health 33.21 records relating toon the licensee or registrant without the 33.22 person'slicensee's or registrant's consent. The medical data 33.23 may be requested from a provider, as defined in section 144.335, 33.24 subdivision 1, paragraph (b), an insurance company, or a 33.25 government agency. A provider, insurance company, or government 33.26 agency shall comply with a written request of the board under 33.27 this subdivision and is not liable in any action for damages for 33.28 releasing the data requested by the board if the data are 33.29 released under the written request, unless the information is 33.30 false and the entity providing the information knew, or had 33.31 reason to believe, the information was false. 33.32 Subd. 2. [ACCESS TO DATA ON PATIENTS.] The board has 33.33 access to medical records of a patient treated by a licensee or 33.34 registrant under review if the patient signs a written consent 33.35 permitting access. If the patient has not given consent, the 33.36 licensee or registrant must delete data from which a patient may 34.1 be identified before releasing medical records to the board. 34.2 Subd. 3. [DATA CLASSIFICATION; RELEASE OF CERTAIN HEALTH 34.3 DATA NOT REQUIRED.] Information obtained under this 34.4 subdivisionsection is classified as private data on individuals 34.5 under chapter 13. Under this subdivisionsection, the 34.6 commissioner of health is not required to release health data 34.7 collected and maintained under section 13.38. 34.8 Sec. 40. Minnesota Statutes 1994, section 168.345, 34.9 subdivision 3, is amended to read: 34.10 Subd. 3. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] 34.11 Except as otherwise provided in subdivision 4, the commissioner 34.12 shall impose a surcharge of 50 cents on each fee charged by the 34.13 commissioner under section 13.03, subdivision 3, for copies or 34.14 electronic transmittal of public information concerning motor 34.15 vehicle registrations. This surcharge only applies to a fee 34.16 imposed in responding to a request made in person or by mail, or 34.17 to a request for transmittal through a computer modem. The 34.18 surcharge does not apply to the request of an individual for 34.19 information concerning vehicles registered in that individual's 34.20 name. The commissioner shall forward the surcharges collected 34.21 under this subdivision to the commissioner of finance on a 34.22 monthly basis. Upon receipt, the commissioner of finance shall 34.23 credit the surcharges to the general fund. 34.24 Sec. 41. Minnesota Statutes 1994, section 168.345, is 34.25 amended by adding a subdivision to read: 34.26 Subd. 4. [EXCEPTION TO FEE AND SURCHARGE.] Notwithstanding 34.27 subdivision 3 or section 13.03, no fee or surcharge shall be 34.28 imposed in responding to a request for public information 34.29 concerning motor vehicle registrations if the requester gives 34.30 the commissioner a signed statement that: 34.31 (1) the requester seeks the information on behalf of a 34.32 community-based, nonprofit organization which has been 34.33 designated by the local law enforcement agency to be a 34.34 requester; and 34.35 (2) the information is needed in order to identify 34.36 suspected prostitution law violators, controlled substance law 35.1 violators, or health code violators. 35.2 The commissioner may not require a requester to make a 35.3 certain minimum number of data requests nor limit a requester to 35.4 a certain maximum number of data requests. 35.5 Sec. 42. Minnesota Statutes 1994, section 168.346, is 35.6 amended to read: 35.7 168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 35.8 (a) The registered owner of a motor vehicle may request in 35.9 writing that the owner's residence address or name and residence 35.10 address be classified as private data on individuals, as defined 35.11 in section 13.02, subdivision 12. The commissioner shall grant 35.12 the classification upon receipt of a signed statement by the 35.13 owner that the classification is required for the safety of the 35.14 owner or the owner's family, if the statement also provides a 35.15 valid, existing address where the owner consents to receive 35.16 service of process. The commissioner shall use the mailing 35.17 address in place of the residence address in all documents and 35.18 notices pertaining to the motor vehicle. The residence address 35.19 or name and residence address and any information provided in 35.20 the classification request, other than the mailing address, are 35.21 private data on individuals and may be provided to requesting 35.22 law enforcement agencies, probation and parole agencies, and 35.23 public authorities, as defined in section 518.54, subdivision 9. 35.24 (b) An individual registered owner of a motor vehicle must 35.25 be informed in a clear and conspicuous manner on the forms for 35.26 issuance or renewal of titles and registrations, that the 35.27 owner's personal information may be disclosed to any person who 35.28 makes a request for the personal information, and that, except 35.29 for uses permitted by United States Code, title 18, section 35.30 2721, clause (b), the registered owner may prohibit disclosure 35.31 of the personal information by so indicating on the form. 35.32 (c) At the time of registration or renewal, the individual 35.33 registered owner of a motor vehicle must also be informed in a 35.34 clear and conspicuous manner on forms that the owner's personal 35.35 information may be used, rented, or sold solely for bulk 35.36 distribution by organizations for business purposes including 36.1 surveys, marketing, and solicitation. The commissioner shall 36.2 implement methods and procedures that enable the registered 36.3 owner to request that bulk surveys, marketing, or solicitation 36.4 not be directed to the owner. If the registered owner so 36.5 requests, the commissioner shall implement the request in a 36.6 timely manner and the personal information may not be so used. 36.7 (d) To the extent permitted by United States Code, title 36.8 18, section 2721, data on individuals provided to register a 36.9 motor vehicle is public data on individuals and shall be 36.10 disclosed as permitted by United States Code, title 18, section 36.11 2721, clause (b). 36.12 Sec. 43. Minnesota Statutes 1994, section 171.12, 36.13 subdivision 7, is amended to read: 36.14 Subd. 7. [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant 36.15 for a driver's license or a Minnesota identification card may 36.16 request that the applicant's residence address be classified as 36.17 private data on individuals, as defined in section 13.02, 36.18 subdivision 12. The commissioner shall grant the classification 36.19 upon receipt of a signed statement by the individual that the 36.20 classification is required for the safety of the applicant or 36.21 the applicant's family, if the statement also provides a valid, 36.22 existing address where the applicant consents to receive service 36.23 of process. The commissioner shall use the mailing address in 36.24 place of the residence address in all documents and notices 36.25 pertaining to the driver's license or identification card. The 36.26 residence address and any information provided in the 36.27 classification request, other than the mailing address, are 36.28 private data on individuals and may be provided to requesting 36.29 law enforcement agencies, probation and parole agencies, and 36.30 public authorities, as defined in section 518.54, subdivision 9. 36.31 (b) An applicant for a driver's license or a Minnesota 36.32 identification card must be informed in a clear and conspicuous 36.33 manner on the forms for the issuance or renewal that the 36.34 applicant's personal information may be disclosed to any person 36.35 who makes a request for the personal information, and that 36.36 except for uses permitted by United States Code, title 18, 37.1 section 2721, clause (b), the applicant may prohibit disclosure 37.2 of the personal information by so indicating on the form. 37.3 (c) An applicant for a driver's license or a Minnesota 37.4 identification card must be also informed in a clear and 37.5 conspicuous manner on forms that the applicant's personal 37.6 information may be used, rented, or sold solely for bulk 37.7 distribution by organizations for business purposes, including 37.8 surveys, marketing, or solicitation. The commissioner shall 37.9 implement methods and procedures that enable the applicant to 37.10 request that bulk surveys, marketing, or solicitation not be 37.11 directed to the applicant. If the applicant so requests, the 37.12 commissioner shall implement the request in a timely manner and 37.13 the personal information may not be so used. 37.14 (d) To the extent permitted by United States Code, title 37.15 18, section 2721, data on individuals provided to obtain a 37.16 Minnesota identification card or a driver's license is public 37.17 data on individuals and shall be disclosed as permitted by 37.18 United States Code, title 18, section 2721, clause (b). 37.19 Sec. 44. Minnesota Statutes 1994, section 171.12, is 37.20 amended by adding a subdivision to read: 37.21 Subd. 7a. [DISCLOSURE OF PERSONAL INFORMATION.] The 37.22 commissioner shall disclose personal information where the use 37.23 is related to the operation of a motor vehicle or to public 37.24 safety, including public dissemination. The use of personal 37.25 information is related to public safety if it concerns the 37.26 physical safety or security of drivers, vehicles, pedestrians, 37.27 or property. 37.28 Sec. 45. Minnesota Statutes 1994, section 260.161, 37.29 subdivision 1, is amended to read: 37.30 Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The 37.31 juvenile court judge shall keep such minutes and in such manner 37.32 as the court deems necessary and proper. Except as provided in 37.33 paragraph (b), the court shall keep and maintain records 37.34 pertaining to delinquent adjudications until the person reaches 37.35 the age of 28 years and shall release the records on an 37.36 individual to another juvenile court that has jurisdiction of 38.1 the juvenile, to a requesting adult court for purposes of 38.2 sentencing, or to an adult court or juvenile court as required 38.3 by the right of confrontation of either the United States 38.4 Constitution or the Minnesota Constitution. The juvenile court 38.5 shall provide, upon the request of any other juvenile court, 38.6 copies of the records concerning adjudications involving the 38.7 particular child. The court also may provide copies of records 38.8 concerning delinquency adjudications, on request, to law 38.9 enforcement agencies, probation officers, and corrections agents 38.10 if the court finds that providing these records serves public 38.11 safety or is in the best interests of the child. The records 38.12 have the same data classification in the hands of the agency 38.13 receiving them as they had in the hands of the court. 38.14 The court shall also keep an index in which files 38.15 pertaining to juvenile matters shall be indexed under the name 38.16 of the child. After the name of each file shall be shown the 38.17 file number and, if ordered by the court, the book and page of 38.18 the register in which the documents pertaining to such file are 38.19 listed. The court shall also keep a register properly indexed 38.20 in which shall be listed under the name of the child all 38.21 documents filed pertaining to the child and in the order filed. 38.22 The list shall show the name of the document and the date of 38.23 filing thereof. The juvenile court legal records shall be 38.24 deposited in files and shall include the petition, summons, 38.25 notice, findings, orders, decrees, judgments, and motions and 38.26 such other matters as the court deems necessary and proper. 38.27 Unless otherwise provided by law, all court records shall be 38.28 open at all reasonable times to the inspection of any child to 38.29 whom the records relate, and to the child's parent and guardian. 38.30 (b) The court shall retain records of the court finding 38.31 that a juvenile committed an act that would be a violation of,38.32 or an attempt to violate, section 609.342, 609.343, 609.344, or38.33 609.345,a felony or gross misdemeanor level offense until the 38.34 offender reaches the age of 28. If the offender commits another38.35 violation of sections 609.342 to 609.345a felony as an adult, 38.36 or the court convicts a child as an extended jurisdiction 39.1 juvenile, the court shall retain the juvenile records for as 39.2 long as the records would have been retained if the offender had 39.3 been an adult at the time of the juvenile offense. This 39.4 paragraph does not apply unless the juvenile was provided 39.5 counsel as required by section 260.155, subdivision 2. 39.6 Sec. 46. Minnesota Statutes 1994, section 260.161, 39.7 subdivision 1a, is amended to read: 39.8 Subd. 1a. [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF39.9 CRIMINAL APPREHENSIONFINDINGS.] (a) The juvenile court shall 39.10 forward to the Bureau of Criminal Apprehension the following 39.11 data on juveniles adjudicated delinquent for having committed39.12 felony-level criminal sexual conductin juvenile petitions 39.13 involving felony- or gross misdemeanor-level offenses: 39.14 (1) the name and birth date of the juvenile, including any 39.15 of the juvenile's known aliases or street names; 39.16 (2) the type ofact for which the juvenile was adjudicated39.17 delinquentpetitioned and date of the offense; and 39.18 (3) the date and county of the adjudicationwhere the 39.19 petition was filed. 39.20 (b) Upon completion of the court proceedings, the court 39.21 shall forward the court's finding and case disposition to the 39.22 bureau. Notwithstanding section 138.17, if the petition was 39.23 dismissed or the juvenile was not found to have committed a 39.24 gross misdemeanor or felony-level offense, the bureau and a 39.25 person who received the data from the bureau shall destroy all 39.26 data relating to the petition collected under paragraph (a). 39.27 The bureau shall notify a person who received the data that the 39.28 data must be destroyed. 39.29 (c) The bureau shall retain data on a juvenile found to 39.30 have committed a felony- or gross misdemeanor-level offense 39.31 until the offender reaches the age of 28. If the offender 39.32 commits anothera felony violation of sections 609.342 to39.33 609.345as an adult, the bureau shall retain the data for as 39.34 long as the data would have been retained if the offender had 39.35 been an adult at the time of the juvenile offense. 39.36 (c)(d) The juvenile court shall forward to the bureau, the 40.1 sentencing guidelines commission, and the department of 40.2 corrections the following data on individuals convicted as 40.3 extended jurisdiction juveniles: 40.4 (1) the name and birthdate of the offender, including any 40.5 of the juvenile's known aliases or street names; 40.6 (2) the crime committed by the offender and the date of the 40.7 crime; and40.8 (3) the date and county of the conviction; and 40.9 (4) the case disposition. 40.10 The court shall notify the bureau, the sentencing 40.11 guidelines commission, and the department of corrections 40.12 whenever it executes an extended jurisdiction juvenile's adult 40.13 sentence under section 260.126, subdivision 5. 40.14 (d)(e) The bureau, sentencing guidelines commission, and 40.15 the department of corrections shall retain the extended 40.16 jurisdiction juvenile data for as long as the data would have 40.17 been retained if the offender had been an adult at the time of 40.18 the offense. Data retained on individuals under this 40.19 subdivision are private data under section 13.02, except that 40.20 extended jurisdiction juvenile data becomes public data under 40.21 section 13.87, subdivision 2, when the juvenile court notifies 40.22 the bureau that the individual's adult sentence has been 40.23 executed under section 260.126, subdivision 5. 40.24 Sec. 47. Minnesota Statutes 1995 Supplement, section 40.25 268.12, subdivision 12, is amended to read: 40.26 Subd. 12. [INFORMATION.] Except as hereinafter otherwise 40.27 provided, data gathered from any employing unit or individual 40.28 pursuant to the administration of sections 268.03 to 268.231, 40.29 and from any determination as to the benefit rights of any 40.30 individual are private data on individuals or nonpublic data not 40.31 on individuals as defined in section 13.02, subdivisions 9 and 40.32 12, and may not be disclosed except pursuant to this subdivision40.33 ora court order or section 13.05. These data may be 40.34 disseminated to and used by the following agencies without the 40.35 consent of the subject of the data: 40.36 (a) state and federal agencies specifically authorized 41.1 access to the data by state or federal law; 41.2 (b) any agency of this or any other state; or any federal 41.3 agency charged with the administration of an employment security 41.4 law or the maintenance of a system of public employment offices; 41.5 (c) local human rights groups within the state which have 41.6 enforcement powers; 41.7 (d) the department of revenue shall have access to 41.8 department of economic security private data on individuals and 41.9 nonpublic data not on individuals only to the extent necessary 41.10 for enforcement of Minnesota tax laws; 41.11 (e) public and private agencies responsible for 41.12 administering publicly financed assistance programs for the 41.13 purpose of monitoring the eligibility of the program's 41.14 recipients; 41.15 (f) the department of labor and industry on an 41.16 interchangeable basis with the department of economic security 41.17 subject to the following limitations and notwithstanding any law 41.18 to the contrary: 41.19 (1) the department of economic security shall have access 41.20 to private data on individuals and nonpublic data not on 41.21 individuals for uses consistent with the administration of its 41.22 duties under sections 268.03 to 268.231; and 41.23 (2) the department of labor and industry shall have access 41.24 to private data on individuals and nonpublic data not on 41.25 individuals for uses consistent with the administration of its 41.26 duties under state law; 41.27 (g) the department of trade and economic development may 41.28 have access to private data on individual employing units and 41.29 nonpublic data not on individual employing units for its 41.30 internal use only; when received by the department of trade and 41.31 economic development, the data remain private data on 41.32 individuals or nonpublic data; 41.33 (h) local and state welfare agencies for monitoring the 41.34 eligibility of the data subject for assistance programs, or for 41.35 any employment or training program administered by those 41.36 agencies, whether alone, in combination with another welfare 42.1 agency, or in conjunction with the department of economic 42.2 security; 42.3 (i) local, state, and federal law enforcement agencies for 42.4 the sole purpose of ascertaining the last known address and 42.5 employment location of the data subject, provided the data 42.6 subject is the subject of a criminal investigation; and 42.7 (j) the department of health may have access to private 42.8 data on individuals and nonpublic data not on individuals solely 42.9 for the purposes of epidemiologic investigations. 42.10 Data on individuals and employing units which are 42.11 collected, maintained, or used by the department in an 42.12 investigation pursuant to section 268.18, subdivision 3, are 42.13 confidential as to data on individuals and protected nonpublic 42.14 data not on individuals as defined in section 13.02, 42.15 subdivisions 3 and 13, and shall not be disclosed except 42.16 pursuant to statute or court order or to a party named in a 42.17 criminal proceeding, administrative or judicial, for preparation 42.18 of a defense. 42.19 Tape recordings and transcripts of recordings of 42.20 proceedings conducted in accordance with section 268.105 and 42.21 exhibits received into evidence at those proceedings are private 42.22 data on individuals and nonpublic data not on individuals and 42.23 shall be disclosed only pursuant to the administration of 42.24 section 268.105, or pursuant to a court order. 42.25 Aggregate data about employers compiled from individual job 42.26 orders placed with the department of economic security are 42.27 private data on individuals and nonpublic data not on 42.28 individuals as defined in section 13.02, subdivisions 9 and 12, 42.29 if the commissioner determines that divulging the data would 42.30 result in disclosure of the identity of the employer. The 42.31 general aptitude test battery and the nonverbal aptitude test 42.32 battery as administered by the department are also classified as 42.33 private data on individuals or nonpublic data. 42.34 Data on individuals collected, maintained, or created 42.35 because an individual applies for benefits or services provided 42.36 by the energy assistance and weatherization programs 43.1 administered by the department of economic security is private 43.2 data on individuals and shall not be disseminated except 43.3 pursuant to section 13.05, subdivisions 3 and 4. 43.4 Data gathered by the department pursuant to the 43.5 administration of sections 268.03 to 268.231 shall not be made 43.6 the subject or the basis for any suit in any civil proceedings, 43.7 administrative or judicial, unless the action is initiated by 43.8 the department. 43.9 Sec. 48. Minnesota Statutes 1995 Supplement, section 43.10 299A.61, is amended to read: 43.11 299A.61 [CRIMINAL ALERT NETWORK.] 43.12 Subdivision 1. [ESTABLISHMENT.] The commissioner of public 43.13 safety, in cooperation with the commissioner of administration, 43.14 shall develop and maintain an integrated criminal alert network 43.15 to facilitate the communication of crime prevention information 43.16 by electronic means among state agencies, law enforcement 43.17 officials, and the private sector. The network shall 43.18 disseminate data regarding the commission of crimes, including 43.19 information on missing and endangered children, and attempt to 43.20 reduce theft and other crime by the use of electronic 43.21 transmission of information. 43.22 Subd. 2. [DATA ON MEMBERS.] Data that identify individuals 43.23 or businesses as members of the criminal alert network, 43.24 including names, addresses, telephone and fax numbers, are 43.25 private data on individuals or nonpublic data, as defined in 43.26 section 13.02, subdivision 12 or 9. 43.27 Sec. 49. Minnesota Statutes 1994, section 299C.095, is 43.28 amended to read: 43.29 299C.095 [SYSTEM FOR IDENTIFICATION OF ADJUDICATED43.30 JUVENILESJUVENILE OFFENDERS.] 43.31 (a) The bureau shall establish a system for recording the43.32 data on adjudicated juveniles received from the juvenile courts43.33 under section 260.161, subdivision 1aadminister and maintain 43.34 the computerized juvenile history record system based on section 43.35 260.161 and other statutes requiring the reporting of data on 43.36 juveniles. The data in the system are private data as defined 44.1 in section 13.02, subdivision 12, but are accessible to criminal 44.2 justice agencies as defined in section 13.02, subdivision 3a, to 44.3 all trial courts and appellate courts, to a person who has 44.4 access to the juvenile court records as provided in section 44.5 260.161 or under court rule. 44.6 (b) Except for access authorized under paragraph (a), the 44.7 bureau shall only disseminate a juvenile history record in 44.8 connection with a background check required by statute or rule 44.9 and performed on a licensee, license applicant, or employment 44.10 applicant or performed under section 624.713. A consent for 44.11 release of information from an individual who is the subject of 44.12 a juvenile history is not effective and the bureau shall not 44.13 release a juvenile history record and shall not release 44.14 information in a manner that reveals the existence of the record. 44.15 Sec. 50. Minnesota Statutes 1995 Supplement, section 44.16 299C.10, subdivision 1, is amended to read: 44.17 Subdivision 1. [LAW ENFORCEMENT DUTY.] (a) It is hereby 44.18 made the duty of the sheriffs of the respective counties and, of 44.19 the police officers in cities of the first, second, and third 44.20 classes, under the direction of the chiefs of police in such 44.21 cities, and of community corrections agencies operating secure 44.22 juvenile detention facilities to take or cause to be taken 44.23 immediately finger and thumb prints, photographs, distinctive 44.24 physical mark identification data, and such other identification 44.25 data as may be requested or required by the superintendent of 44.26 the bureau; of all persons arrested for a felony, gross 44.27 misdemeanor, of all juveniles committing felonies as 44.28 distinguished from those committed by adult offenders, of all 44.29 persons reasonably believed by the arresting officer to be 44.30 fugitives from justice, of all persons in whose possession, when 44.31 arrested, are found concealed firearms or other dangerous 44.32 weapons, burglar tools or outfits, high-power explosives, or 44.33 articles, machines, or appliances usable for an unlawful purpose 44.34 and reasonably believed by the arresting officer to be intended 44.35 for such purposes, and within 24 hours thereafter to forward 44.36 such fingerprint records and other identification data on such 45.1 forms and in such manner as may be prescribed by the 45.2 superintendent of the bureau of criminal apprehension. 45.3 (b) Effective August 1, 1997, the identification reporting 45.4 requirements shall also apply to persons committing misdemeanor 45.5 offenses, including violent and enhanceable crimes, and 45.6 juveniles committing gross misdemeanors. In addition, the 45.7 reporting requirements shall include any known aliases or street 45.8 names of the offenders. 45.9 Sec. 51. Minnesota Statutes 1994, section 299C.46, 45.10 subdivision 2, is amended to read: 45.11 Subd. 2. [CRIMINAL JUSTICE AGENCY DEFINED.] For the 45.12 purposes of sections 299C.46 to 299C.49, "criminal justice 45.13 agency" shall meanmeans an agency of the state or an agency of 45.14 a political subdivision charged with detection, enforcement, 45.15 prosecution, adjudication or incarceration in respect to the 45.16 criminal or traffic laws of this state. This definition also 45.17 includes all sites identified and licensed as a detention 45.18 facility by the commissioner of corrections under section 45.19 241.021. 45.20 Sec. 52. [EFFECTIVE DATE.] 45.21 Sections 8 and 9 and 36 are effective the day following 45.22 final enactment. 45.23 Sections 46 and 50 are effective August 1, 1996, and apply 45.24 to offenses occurring on or after that date. 45.25 Section 39 is effective August 1, 1997. 45.26 ARTICLE 2 45.27 Section 1. Minnesota Statutes 1994, section 13.99, 45.28 subdivision 19c, is amended to read: 45.29 Subd. 19c. [DATA ANALYSIS DATA.] Data collected by the 45.30 data analysis unit are classified under section 62J.30, 45.31 subdivision 7. Data collected for purposes of sections 62J.301 45.32 to 62J.42 that identify patients or providers are classified 45.33 under section 62J.321, subdivision 5. 45.34 Sec. 2. Minnesota Statutes 1994, section 13.99, is amended 45.35 by adding a subdivision to read: 45.36 Subd. 19i. [HEALTH DATA INSTITUTE.] Health data institute 46.1 data are classified under section 62J.452, subdivision 2. 46.2 Sec. 3. Minnesota Statutes 1994, section 13.99, is amended 46.3 by adding a subdivision to read: 46.4 Subd. 19j. [ESSENTIAL COMMUNITY PROVIDER.] Data on 46.5 applications for designation as an essential community provider 46.6 are classified under section 62Q.19, subdivision 2. 46.7 Sec. 4. Minnesota Statutes 1994, section 13.99, is amended 46.8 by adding a subdivision to read: 46.9 Subd. 20c. [SELF-INSURERS ADVISORY COMMITTEE.] Data 46.10 received by the self-insurers' advisory committee from the 46.11 commissioner is classified under section 79A.02, subdivision 2. 46.12 Sec. 5. Minnesota Statutes 1994, section 13.99, is amended 46.13 by adding a subdivision to read: 46.14 Subd. 21e. [EXCLUSION OF WASTE MATERIALS.] Data included 46.15 in a document submitted by a transfer station under section 46.16 115A.84, subdivision 5, is classified under that subdivision. 46.17 Sec. 6. Minnesota Statutes 1994, section 13.99, is amended 46.18 by adding a subdivision to read: 46.19 Subd. 28b. [NURSING HOME RESIDENTS.] Access to certain 46.20 data on assessments of care and services to nursing home 46.21 residents is governed by section 144.0721, subdivision 2. 46.22 Sec. 7. Minnesota Statutes 1994, section 13.99, is amended 46.23 by adding a subdivision to read: 46.24 Subd. 31a. [VITAL RECORDS.] Physical access to vital 46.25 records is governed by section 144.225, subdivision 1. 46.26 Sec. 8. Minnesota Statutes 1995 Supplement, section 13.99, 46.27 subdivision 38b, is amended to read: 46.28 Subd. 38b. [LEAD EXPOSURE DATA.] Data on individuals 46.29 exposed to lead in their residences are classified under section46.30 sections 144.874, subdivision 1, 144.9502, subdivision 9, and 46.31 144.9504, subdivision 2. 46.32 Sec. 9. Minnesota Statutes 1994, section 13.99, is amended 46.33 by adding a subdivision to read: 46.34 Subd. 42b. [REPORT OF VIOLATIONS.] Certain reports of 46.35 violations submitted to the board of medical practice are 46.36 classified under section 147.121. 47.1 Sec. 10. Minnesota Statutes 1994, section 13.99, is 47.2 amended by adding a subdivision to read: 47.3 Subd. 85a. [CERTIFICATE OF VALUE.] Data in a real estate 47.4 certificate of value filed with the county auditor is classified 47.5 under section 272.115, subdivision 1. 47.6 Sec. 11. Minnesota Statutes 1994, section 13.99, is 47.7 amended by adding a subdivision to read: 47.8 Subd. 86a. [POLITICAL CONTRIBUTION REFUND.] Certain 47.9 political contribution refund data in the revenue department are 47.10 classified under section 290.06, subdivision 23. 47.11 Sec. 12. Minnesota Statutes 1994, section 13.99, is 47.12 amended by adding a subdivision to read: 47.13 Subd. 86b. [GROSS EARNINGS TAXES.] Certain patient data 47.14 provided to the department of revenue under chapter 295 are 47.15 classified under section 295.57, subdivision 2. 47.16 Sec. 13. Minnesota Statutes 1994, section 13.99, is 47.17 amended by adding a subdivision to read: 47.18 Subd. 92g. [LOTTERY PRIZE WINNER.] Certain data on lottery 47.19 prize winners are classified under section 349A.08, subdivision 47.20 9. 47.21 Sec. 14. Minnesota Statutes 1994, section 13.99, is 47.22 amended by adding a subdivision to read: 47.23 Subd. 100a. [CHILD SUPPORT ATTORNEYS.] Certain data 47.24 provided by an applicant or recipient of child support 47.25 enforcement services are classified under section 518.255.