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SF 1888

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2017 09:06am

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

Current Version - as introduced

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A bill for an act
relating to health; requiring a patient's affirmative consent or nonconsent for each
item when requested to release health records; amending Minnesota Statutes 2016,
section 144.293, subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 144.293, subdivision 2, is amended to read:


Subd. 2.

Patient consent to release of records.

new text begin (a) new text end A provider, or a person who receives
health records from a provider, may not release a patient's health records to a person without:

(1) a signed and dated consent from the patient or the patient's legally authorized
representative authorizing the release;

(2) specific authorization in law; or

(3) a representation from a provider that holds a signed and dated consent from the
patient authorizing the release.

new text begin (b) Any consent form signed by a patient must include an option to indicate "yes" or
"no" to individual items for which the provider is requesting consent. The provider may not
condition the patient's receipt of treatment on the patient's willingness to release records.
new text end