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Minnesota Legislature

Office of the Revisor of Statutes

SF 3132

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

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A bill for an act
relating to health; regulating medical debt information; proposing coding for new
law in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.45] MINNESOTA MEDICAL PRIVACY PROTECTION ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (a) "Health care provider" has the meaning given in section 62J.03, subdivision 8, but
does not include a "housing with services establishment," as defined in section 144D.01,
subdivision 4, or an entity providing assisted living services, as described in section
144G.01; or an entity licensed as a boarding care home under sections 144.50 to 144.56.
new text end

new text begin (b) "Medical debt information" means any information relating to the payment
history or indebtedness of a patient regarding health care services, products, or devices
provided by a health care provider to a patient.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin A health care provider shall not disclose an individual
patient's financial or medical debt information to another entity.
new text end

new text begin A health care provider shall not obtain or use financial or medical debt information
from any entity that gathers, maintains, evaluates, or distributes individual patient
financial or debt information until after health care services, products, or devices have
been provided by the health care provider to the patient.
new text end

new text begin Subd. 3. new text end

new text begin General exclusions. new text end

new text begin Nothing in this section prevents a health care provider
from sharing an individual patient's financial or medical debt information with the patient;
the patient's insurer; the patient's authorized third-party debt management services provider
as defined in section 332A.02; a third-party debt collector as defined in section 332.31, that
the health care provider has contracted to collect the patient's medical debt; an attorney,
accountant, or auditor employed by or acting on behalf of the health care provider; or the
local, county, state, or federal government as required by law. Nothing in this section
prevents a health care provider from disclosing a court judgment obtained by the provider.
Nothing in this section prevents a health care provider from discussing payment options
or insurance coverage with a patient. This section only applies to medically necessary
health care services, products, or devices and not to cosmetic procedures without any
medical necessity. Nothing in this section prevents a health care provider from processing
payments made by credit card, charge card, debit card, electronic funds transfer, or check.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin This section may be enforced pursuant to section 8.31.
new text end

new text begin Subd. 5. new text end

new text begin Financial review. new text end

new text begin Nothing in this section prohibits a health care provider
from obtaining information to identify income or assets from the patient, or with the
patient's permission, from other sources, for the sole purpose of determining potential
eligibility for public programs or other state or federal reimbursement or charity care if
this information is not used to influence, deny, or delay care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end