SF 3132

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; regulating medical debt information; proposing coding for new
law in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.45] MINNESOTA MEDICAL PRIVACY PROTECTION ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (a) "Health care provider" has the meaning given in section 62J.03, subdivision
8, but does not include a "housing with services establishment," as defined in section
144D.01, subdivision 4, or an entity providing assisted living services, as described in
section 144G.01.
new text end

new text begin (b) "Medical debt information" means any information relating to the payment
history or indebtedness of a patient regarding health care services, products, or devices
provided by a health care provider to a patient.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin A health care provider shall not disclose an individual
patient's financial or medical debt information to another entity.
new text end

new text begin A health care provider shall not obtain or use information from any entity that
gathers, maintains, evaluates, or distributes individual patient financial or debt information
until after health care services, products, or devices have been provided by the health
care provider to the patient.
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new text begin Subd. 3. new text end

new text begin General exclusions. new text end

new text begin Nothing in this section prevents a health care
provider from sharing an individual patient's financial or medical debt information with
the patient; the patient's insurer; the patient's authorized third-party debt management
services provider as defined in section 332A.02; a third-party debt collector as defined in
section 332.31, that the health care provider has contracted to collect the patient's medical
debt; an attorney, accountant, or auditor employed by or acting on behalf of the health care
provider; or the state or federal government as required by law. Nothing in this section
prevents a health care provider from disclosing a court judgment obtained by the provider.
Nothing in this section prevents a health care provider from discussing payment options
or insurance coverage with a patient. This section only applies to medically necessary
health care services, products, or devices and not to cosmetic procedures without any
medical necessity.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin This section may be enforced pursuant to section 8.31.
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new text begin EFFECTIVE DATE. new text end

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