SF 4283

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/25/2022 10:15am

A bill for an act
relating to health; establishing health record retention requirements for physicians
who perform eye surgery; establishing a fee; classifying certain data; proposing
coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.2955] RETENTION OF CERTAIN HEALTH RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Notice to patients. new text end

new text begin A physician licensed under chapter 147 who performs
eye surgery shall, prior to performing an eye surgery, notify the patient on whom the surgery
is to be performed of the health record retention requirements of subdivision 2 and how the
patient may access and obtain copies of the patient's health records if the health records are
transferred to the commissioner of health or an entity under contract with the commissioner.
The notice requirements of this subdivision are satisfied if the notice is provided to the
patient with the notice and copy of the health care bill of rights under section 144.652 or if
the notice is prominently displayed in the physician's place of business.
new text end

new text begin Subd. 2. new text end

new text begin Retention of health records. new text end

new text begin (a) A physician licensed under chapter 147 who
performs eye surgery shall maintain the health records of each patient on whom the physician
performed eye surgery for 25 years after the date of the most recent surgery.
new text end

new text begin (b) Following the required retention period in paragraph (a), the physician must either:
new text end

new text begin (1) retain the health records for an additional 35 years using a storage method from
which the physician is able to produce an accurate reproduction of the original record; or
new text end

new text begin (2) transfer the health records to the commissioner of health or to an entity under contract
with the commissioner, to be retained for 35 years after receipt of the health records.
new text end

new text begin (c) The system used by the commissioner or an entity under contract with the
commissioner to retain health records received under paragraph (b), clause (2), must include
a process for a patient to access information in the patient's health record stored by the
system or to obtain copies of the patient's health record stored by the system.
new text end

new text begin Subd. 3. new text end

new text begin Fee. new text end

new text begin The commissioner shall charge a fee of $....... to physicians who transfer
health records to the commissioner or to an entity under contract with the commissioner for
retention. Fees paid to the commissioner under this subdivision shall be deposited in an
account in the special revenue fund and are appropriated to the commissioner for costs
associated with retention of the health records.
new text end

new text begin Subd. 4. new text end

new text begin Data practices. new text end

new text begin Health records retained by the commissioner or an entity under
contract with the commissioner under subdivision 2, paragraph (b), clause (2), are classified
as private data on individuals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, and applies to health records
held on or after that date by a physician who performs eye surgery.
new text end