SF 3193

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 06/27/2022 08:50am

A bill for an act
relating to data practices; authorizing the exchange of mental health data among
law enforcement mental health units, social services, and health care providers to
coordinate necessary services; amending Minnesota Statutes 2020, sections 13.46,
subdivision 7; 144.294, subdivision 2; 626.5571, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 13.46, subdivision 7, is amended to read:

Subd. 7.

Mental health data.

(a) Mental health data are private data on individuals and
shall not be disclosed, except:

(1) pursuant to section 13.05, as determined by the responsible authority for the
community mental health center, mental health division, or provider;

(2) pursuant to court order;

(3) pursuant to a statute specifically authorizing access to or disclosure of mental health
data or as otherwise provided by this subdivision;

(4) to personnel of the welfare system working in the same program or providing services
to the same individual or family to the extent necessary to coordinate services, provided
that a health record may be disclosed only as provided under section 144.293;

(5) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services; or

(6) with the consent of the client or patient.

(b) An agency of the welfare system may not require an individual to consent to the
release of mental health data as a condition for receiving services or for reimbursing a
community mental health center, mental health division of a county, or provider under
contract to deliver mental health services.

(c) Notwithstanding section 245.69, subdivision 2, paragraph (f), or any other law to the
contrary, deleted text begin the responsible authority for deleted text end a community mental health center, mental health
division of a county, or a mental health provider must disclose mental health data to a law
enforcement agency if the law enforcement agency provides the name of a client or patient
and communicates that the:

(1) client or patient is currently involved in deleted text begin an emergency interaction with deleted text end new text begin a mental
health crisis as defined in section 256B.0624, subdivision 2, paragraph (j), to which new text end the law
enforcement agency new text begin has responded new text end ; and

(2) data is necessary to protect the health or safety of the client or patient or of another
person.

The scope of disclosure under this paragraph is limited to the minimum necessary for
law enforcement to new text begin safely new text end respond to the deleted text begin emergency deleted text end new text begin mental health crisis new text end . Disclosure under
this paragraph may include deleted text begin , but is not limited to, deleted text end the name and telephone number of the
psychiatrist, psychologist, therapist, mental health professional, practitioner, or case manager
of the client or patient new text begin , if known; and strategies to address the mental health crisis new text end . A law
enforcement agency that obtains mental health data under this paragraph shall maintain a
record of the requestor, the provider of the deleted text begin information deleted text end new text begin data new text end , and the client or patient name.
Mental health data obtained by a law enforcement agency under this paragraph are private
data on individuals and must not be used by the law enforcement agency for any other
purpose. A law enforcement agency that obtains mental health data under this paragraph
shall inform the subject of the data that mental health data was obtained.

(d) In the event of a request under paragraph (a), clause (6), a community mental health
center, county mental health division, or provider must release mental health data to Criminal
Mental Health Court personnel in advance of receiving a copy of a consent if the Criminal
Mental Health Court personnel communicate that the:

(1) client or patient is a defendant in a criminal case pending in the district court;

(2) data being requested is limited to information that is necessary to assess whether the
defendant is eligible for participation in the Criminal Mental Health Court; and

(3) client or patient has consented to the release of the mental health data and a copy of
the consent will be provided to the community mental health center, county mental health
division, or provider within 72 hours of the release of the data.

For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty
criminal calendar of the Hennepin County District Court for defendants with mental illness
and brain injury where a primary goal of the calendar is to assess the treatment needs of the
defendants and to incorporate those treatment needs into voluntary case disposition plans.
The data released pursuant to this paragraph may be used for the sole purpose of determining
whether the person is eligible for participation in mental health court. This paragraph does
not in any way limit or otherwise extend the rights of the court to obtain the release of mental
health data pursuant to court order or any other means allowed by law.

Sec. 2.

Minnesota Statutes 2020, section 144.294, subdivision 2, is amended to read:

Subd. 2.

Disclosure to law enforcement agency.

Notwithstanding section 144.293,
subdivisions 2 and 4, a provider must disclose health records relating to a patient's mental
health to a law enforcement agency if the law enforcement agency provides the name of
the patient and communicates that the:

(1) patient is currently involved in deleted text begin an emergency interaction with deleted text end new text begin a mental health crisis
as defined in section 256B.0624, subdivision 2, paragraph (j), to which new text end the law enforcement
agency new text begin has responded new text end ; and

(2) disclosure of the records is necessary to protect the health or safety of the patient or
of another person.

The scope of disclosure under this subdivision is limited to the minimum necessary for
law enforcement to new text begin safely new text end respond to the deleted text begin emergency deleted text end new text begin mental health crisis new text end . new text begin The disclosure
may include the name and telephone number of the psychiatrist, psychologist, therapist,
mental health professional, practitioner, or case manager of the patient, if known; and
strategies to address the mental health crisis. new text end A law enforcement agency that obtains health
records under this subdivision shall maintain a record of the requestor, the provider of the
information, and the patient's name. Health records obtained by a law enforcement agency
under this subdivision are private data on individuals as defined in section 13.02, subdivision
12, and must not be used by law enforcement for any other purpose. new text begin A law enforcement
agency that obtains health records under this subdivision shall inform the patient that health
records were obtained.
new text end

Sec. 3.

Minnesota Statutes 2020, section 626.5571, subdivision 1, is amended to read:

Subdivision 1.

Establishment of team.

A county may establish a multidisciplinary adult
protection team comprised of the director of the local welfare agency or designees, the
county attorney or designees, the county sheriff or designees, and representatives of health
care. In addition, representatives of mental health or other appropriate human service
agencies, new text begin community corrections agencies, new text end representatives from local tribal governments,
new text begin local law enforcement agencies or designees thereof, new text end and adult advocate groups may be
added to the adult protection team.