SF 4500

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/17/2020 12:26pm

A bill for an act
relating to public health; creating a COVID-19 testing and contact tracing bill of
rights; establishing grants to small employers to assist in establishing COVID-19
testing for their employees; appropriating money.

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

Section 1. new text begin COVID-19 TESTING AND CONTACT TRACING BILL OF RIGHTS;
GRANTS TO EMPLOYERS.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
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new text begin (b) "Commissioner" means the commissioner of health.
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new text begin (c) "Contact tracing" means identifying individuals who may be at risk of contracting
COVID-19 through contact, in a manner consistent with known or suspected modes of
COVID-19 transmission, with an individual who has tested positive for COVID-19.
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new text begin (d) "COVID-19 testing" means a diagnostic test used to detect the virus that causes
COVID-19 in order to make a diagnosis of COVID-19.
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new text begin (e) "Tested positive for COVID-19" means an individual who has received a positive
diagnostic test for COVID-19 and is currently contagious.
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new text begin Subd. 2. new text end

new text begin Testing and contact tracing bill of rights. new text end

new text begin (a) Notwithstanding any law to the
contrary, the following requirements on behalf of individuals, patients, and residents must
be met by any program established by the commissioner of health that involves COVID-19
testing or contact tracing:
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new text begin (1) no testing on an individual shall be performed without the consent of the individual
being tested;
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new text begin (2) if an individual tests positive for COVID-19, the individual must be informed that
the individual is not required to cooperate with contact tracing, and may refuse to provide
requested contact information;
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new text begin (3) if the commissioner of health or the commissioner's contracted vendor is conducting
contact tracing, the commissioner or vendor must provide the individual with a Tennessen
warning in accordance with Minnesota Statutes, section 13.04, subdivision 2; and
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new text begin (4) results of any testing performed on an individual by a provider as defined under
Minnesota Statutes, section 144.291, shall be considered a health record under Minnesota
Statutes, section 144.292, and shall not be disclosed or released without consent from the
individual in accordance with Minnesota Statutes, section 144.293, subdivision 2.
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new text begin (b) Any contact tracing data collected by the commissioner of health or the
commissioner's contracted vendor pursuant to a program that identifies an individual are
classified as private data on individuals as defined in Minnesota Statutes, section 13.02,
subdivision 12. Notwithstanding Minnesota Statutes, section 13.3805, paragraph (b), clause
(3), the commissioner shall establish procedures and safeguards to ensure that any data
collected under a program including an individual's address of residence is not released by
the commissioner or its contracted vendor in a form that identifies a specific individual
unless the individual has provided consent for its release.
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new text begin (c) Notwithstanding Minnesota Statutes, sections 144.419 to 144.4196, if an asymptomatic
individual refuses to be tested for COVID-19 as part of a COVID-19 screening process, the
commissioner of health shall not have the authority to pursue an ex parte order under
Minnesota Statutes, section 144.4195, authorizing the isolation or quarantine of the
individual.
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new text begin Subd. 3. new text end

new text begin Grants to employers. new text end

new text begin (a) The commissioner shall award grants to employers
to assist the employer in establishing COVID-19 testing of employees. The commissioner
shall develop a grant application and process to award grants under this subdivision. The
commissioner shall determine based on the amount appropriated and the number of grant
applications the amount of each grant as determined by the commissioner. Priority shall be
given to employers that involve high-risk sites.
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new text begin (b) To be eligible for a grant under this subdivision, the employer must be located in
Minnesota and must employ in Minnesota no more than 100 employees on a full-time or
part-time basis
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
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Sec. 2. new text begin APPROPRIATION.
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new text begin $5,000,000 in fiscal year 2020 and $5,000,000 in fiscal year 2021 are appropriated from
the coronavirus relief fund to the commissioner of health to distribute as grants to employers
for purposes of section 1, subdivision 3.
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