SF 3664

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to medical records; authorizing the electronic exchange of records with
a nonprofit corporation providing physician services for Hennepin County;
amending Minnesota Statutes 2006, section 383B.917, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 383B.917, subdivision 1, is amended to
read:

Subdivision 1.

Data Practices Act.

(a) The corporation is subject to chapter 13, the
Minnesota Government Data Practices Act.

(b) "Competitive data," as defined in this subdivision, are nonpublic data deleted text begin pursuant
to deleted text end new text begin as defined in new text end section 13.02, subdivision 9, or private data on individuals deleted text begin pursuant to deleted text end
new text begin as defined in new text end section 13.02, subdivision 12. Competitive data are any type of data that
the corporation, in its discretion, determines that if disclosed could cause competitive
disadvantage to the corporation, including causing adverse effects on the current or
future competitive position of the corporation or the entities, facilities, and operations for
which it is responsible. Data discussed at an open meeting of the corporation retains the
data's original classification, including classification as competitive data, as provided in
section 13D.05, subdivision 1, paragraph (c). Any data disseminated by the corporation to
the county shall retain the same classification in the hands of the county, including the
classification as competitive data, as provided in section 13.03, subdivision 4.

(c) A subsidiary, joint venture, association, partnership, or other entity that is formed
by the corporation is not subject to chapter 13, except that if the corporation enters into a
contract with such an entity to perform any functions of the corporation, the corporation
shall include in the contract terms that make it clear that data created, collected, received,
stored, used, maintained, or disseminated by the contracting entity in performing those
functions is subject to the same requirements under chapter 13 as the corporation under
this subdivision. However, this section does not create a duty on the part of the contracting
entity to provide access to public data to the public if the public data are available from
the corporation, except as required by the terms of the contract. Any entity contracting to
perform functions of the corporation may classify data as competitive data as defined in
paragraph (b).

new text begin (d) Notwithstanding section 13.384, the corporation, a nonprofit corporation
providing physician services to the corporation and participating in an electronic exchange
of health records, and other participants in the exchange may share medical data for
purposes of treatment, payment, or health care operations. The nonprofit corporation and
other participants in the electronic exchange are considered to be related health care
entities for purposes of section 144.293, subdivision 5, clause (2), and are not outside of
the corporation's facility for purposes of section 144.651, subdivision 16.
new text end