SF 3074

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to privacy; regulating disclosure of employee 
  1.3             health information by employers; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 181. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [181.981] [DISCLOSURE OF EMPLOYEE HEALTH 
  1.7   RECORD.] 
  1.8      Subdivision 1.  [DEFINITION.] (a) For purposes of this 
  1.9   section, "employer" means a person located in or doing business 
  1.10  in this state who has ten or more employees in this state.  
  1.11  Employer does not include a government entity subject to chapter 
  1.12  13 or an entity contractually required to comply with chapter 13.
  1.13     (b) "Health record" means a health record generated by a 
  1.14  provider as defined in section 144.335. 
  1.15     (c) "Health information" means information of a medical 
  1.16  nature about a continuing medical condition that is provided by 
  1.17  the subject of the information and that relates to a request 
  1.18  for, or the potential need for, medical leave or a reasonable or 
  1.19  necessary accommodation.  
  1.20     Subd. 2.  [EMPLOYEE CONSENT TO DISCLOSURE.] An employer who 
  1.21  receives an employee's health record or health information may 
  1.22  not disclose the information to a person without the written 
  1.23  consent of the employee.  This subdivision does not prohibit the 
  1.24  disclosure of a health record or health information: 
  1.25     (1) to the extent the employer discloses the information to 
  2.1   another employee whose work assignment includes a need to 
  2.2   receive the health record or health information; 
  2.3      (2) to the extent that, concurrent with receiving health 
  2.4   record information, the employer notifies the employee of the 
  2.5   employee's rights under this section and the employee does not 
  2.6   prohibit disclosure of the information; 
  2.7      (3) to the extent the disclosure is authorized or required 
  2.8   by other law; 
  2.9      (4) in the case of an emergency where the employer is 
  2.10  unable to obtain consent; or 
  2.11     (5) to the extent the disclosure is necessary to make a 
  2.12  reasonable or necessary accommodation for the employee under 
  2.13  chapter 363 or other law relating to disability discrimination.  
  2.14     Subd. 3.  [NOTIFICATION.] An employer shall make a 
  2.15  reasonable effort to notify employees of their rights under this 
  2.16  section.  
  2.17     Subd. 4.  [REMEDY.] An employer who negligently or 
  2.18  intentionally violates subdivision 2 is liable to the employee 
  2.19  for damages, plus costs and reasonable attorney fees. 
  2.20     Subd. 5.  [RELATION TO OTHER LAW.] The rights and 
  2.21  obligations created by this section are in addition to rights or 
  2.22  obligations created under a contract or other law governing 
  2.23  disclosure of health records and health information.