SF 3658

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; specifying the circumstances under 
  1.3             which information held by health maintenance 
  1.4             organizations may be disclosed; amending Minnesota 
  1.5             Statutes 1998, sections 62D.14, by adding a 
  1.6             subdivision; and 72A.491, subdivision 17; Minnesota 
  1.7             Statutes 1999 Supplement, section 13.99, subdivision 
  1.8             19; proposing coding for new law in Minnesota 
  1.9             Statutes, chapter 62D; repealing Minnesota Statutes 
  1.10            1998, section 62D.14, subdivision 4. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.13  13.99, subdivision 19, is amended to read: 
  1.14     Subd. 19.  [HMO EXAMINATIONS.] Data obtained by the 
  1.15  commissioner of health in the course of an examination of the 
  1.16  affairs of a health maintenance organization are classified 
  1.17  under section 62D.14, subdivisions 1 and 4 4a. 
  1.18     Sec. 2.  Minnesota Statutes 1998, section 62D.14, is 
  1.19  amended by adding a subdivision to read: 
  1.20     Subd. 4a.  [CLASSIFICATION OF DATA.] Any data or 
  1.21  information obtained by the commissioner under this section or 
  1.22  section 62D.145 shall be classified as private data on 
  1.23  individuals or nonpublic data as defined in chapter 13.  Such 
  1.24  data shall be protected and may be released consistent with the 
  1.25  provisions of section 60A.03, subdivision 9. 
  1.26     Sec. 3.  [62D.145] [DISCLOSURE OF INFORMATION HELD BY 
  1.27  HEALTH MAINTENANCE ORGANIZATIONS.] 
  1.28     Subdivision 1.  [PERSONAL AND PRIVILEGED INFORMATION.] The 
  2.1   ability of a health maintenance organization to disclose 
  2.2   personal information, as defined in section 72A.491, subdivision 
  2.3   17, and privileged information, as defined in section 72A.491, 
  2.4   subdivision 19, is governed by sections 72A.497, 72A.499, and 
  2.5   72A.502. 
  2.6      Subd. 2.  [HEALTH DATA OR INFORMATION.] (a) A health 
  2.7   maintenance organization is prohibited from disclosing to any 
  2.8   person any individually identifiable data or information held by 
  2.9   the health maintenance organization pertaining to the diagnosis, 
  2.10  treatment, or health of any enrollee, or any application 
  2.11  obtained from any person, except: 
  2.12     (1) to the extent necessary to carry out the purposes of 
  2.13  this chapter, the commissioner and a designee shall have access 
  2.14  to the above data or information but the data removed from the 
  2.15  health maintenance organization or participating entity shall 
  2.16  not identify any particular patient or client by name or contain 
  2.17  any other unique personal identifier; 
  2.18     (2) upon the express consent of the enrollee or applicant; 
  2.19     (3) pursuant to statute or court order for the production 
  2.20  of evidence or the discovery thereof; 
  2.21     (4) in the event of claim or litigation between the person 
  2.22  and the provider or health maintenance organization wherein such 
  2.23  data or information is pertinent; or 
  2.24     (5) as otherwise authorized pursuant to statute. 
  2.25     (b) In any case involving a suspected violation of a law 
  2.26  applicable to health maintenance organizations in which access 
  2.27  to health data maintained by the health maintenance organization 
  2.28  or participating entity is necessary, the commissioner and 
  2.29  agents, while maintaining the privacy rights of individuals and 
  2.30  families, shall be permitted to obtain data that identifies any 
  2.31  particular patient or client by name.  A health maintenance 
  2.32  organization shall be entitled to claim any statutory privileges 
  2.33  against such disclosure which the provider who furnished the 
  2.34  information to the health maintenance organization is entitled 
  2.35  to claim. 
  2.36     Sec. 4.  Minnesota Statutes 1998, section 72A.491, 
  3.1   subdivision 17, is amended to read: 
  3.2      Subd. 17.  [PERSONAL INFORMATION.] "Personal information" 
  3.3   means any individually identifiable information gathered in 
  3.4   connection with an insurance transaction from which judgments 
  3.5   can be made about an individual's character, habits, avocations, 
  3.6   finances, occupation, general reputation, credit, health, or any 
  3.7   other personal characteristics.  The term includes the 
  3.8   individual's name and address and health record information, but 
  3.9   does not include privileged information.  Personal information 
  3.10  does not include health record information maintained by a 
  3.11  health maintenance organization as defined under section 62D.02, 
  3.12  subdivision 4, in its capacity as a health provider.  
  3.13     Sec. 5.  [REPEALER.] 
  3.14     Minnesota Statutes 1998, section 62D.14, subdivision 4, is 
  3.15  repealed.