SF 1319

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 09:49am

A bill for an act
relating to health; prohibiting information blocking by health care providers;
proposing coding for new law in Minnesota Statutes, chapter 62J.

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

Section 1.

new text begin [62J.84] INFORMATION BLOCKING PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions
apply.
new text end

new text begin (b) "Certified electronic health record system" means a computer-based information
system that is used to create, collect, store, manipulate, share, exchange, or make available
health records for the purposes of the delivery of patient care, and has been certified by an
Office of the National Coordinator for Health Information Technology-authorized
certification body.
new text end

new text begin (c) "Electronic health record" means any computerized, digital, or other electronic record
of individual health-related information that is created, held, managed, or consulted by a
health care provider, including, but not limited to, continuity of care documents, discharge
summaries, and other information or data relating to patient demographics, medical history,
medication, allergies, immunizations, laboratory test results, radiology or other diagnostic
images, vital signs, and statistics.
new text end

new text begin (d) "Health care provider" means a health care provider as defined under section 62J.70,
subdivision 2.
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new text begin (e) "Health information blocking" means:
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new text begin (1) knowingly interfering with or knowingly engaging in business practices or other
conduct that is reasonably likely to interfere with the ability of patients, health care providers,
or other authorized persons to access, exchange, or use electronic health records, including,
but not limited to, the use of technologies or practices that knowingly and unreasonably:
new text end

new text begin (i) restrict the ability to transmit an order or request for health care services, supplies,
or goods to other providers or suppliers;
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new text begin (ii) restrict the ability of users of certified electronic health record systems to receive
notification of incoming reports or other clinical information; or
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new text begin (iii) restrict patient access to information regarding other providers or suppliers; and
new text end

new text begin (2) knowingly using a certified electronic health record system to:
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new text begin (i) steer patient referrals to health care providers who are affiliated, under contract, or
otherwise in a preexisting commercial relationship with the referring health care provider;
and
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new text begin (ii) prevent or unreasonably interfere with patient referrals to health care providers who
are not affiliated, under contract, or otherwise in a preexisting commercial relationship with
the referring health care provider.
new text end

new text begin Subd. 2. new text end

new text begin Electronic health record access. new text end

new text begin Electronic health records shall, to the fullest
extent possible:
new text end

new text begin (1) be readily available to other health care providers as necessary to provide care and
treatment to a patient;
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new text begin (2) be made accessible to the patient in a convenient manner, including upon request;
and
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new text begin (3) be made available in a timely and convenient manner to other health care providers
as directed by the patient or the patient's authorized representative.
new text end

new text begin Subd. 3. new text end

new text begin Attorney general enforcement. new text end

new text begin Whenever the attorney general has reasonable
cause to believe that actions amounting to health information blocking have occurred, the
attorney general may bring a civil action in a court of competent jurisdiction. The court may
order any appropriate relief, including a fine of up to $5,000 for each occurrence of health
information blocking. Nothing in this subdivision shall be deemed to limit the power or
authority of the state or attorney general to investigate and seek any other administrative,
legal, or equitable relief as allowed by law.
new text end

new text begin Subd. 4. new text end

new text begin Private right of action. new text end

new text begin A patient, health care provider, or any other person
injured by health information blocking shall have a private cause of action against the
individual or entity who caused the injury and, upon a court of competent jurisdiction's
finding of a violation of this section, shall be entitled to actual, incidental, and consequential
damages; statutory damages equal to the amount specified in subdivision 3; punitive damages,
if appropriate; and court costs and reasonable attorney fees. Nothing in this subdivision
shall be deemed to limit any other right or remedy otherwise available to the person bringing
a cause of action under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end