Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 579-H.F.No. 1886 
           An act relating to the dissemination and collection of 
          data; welfare data; providing for the release of 
          information in emergencies; classifying investigative 
          data not on individuals; classifying certain licensing 
          data; establishing procedures for the handling of 
          medical data; amending Minnesota Statutes 1982, 
          section 13.46, subdivisions 3, 4, 5, and 6; and 
          Minnesota Statutes 1983 Supplement, section 13.46, 
          subdivision 2.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
13.46, subdivision 2, is amended to read: 
    Subd. 2.  [GENERAL.] Unless the data is summary data or a 
statute specifically provides a different classification, data 
on individuals collected, maintained, used, or disseminated by 
the welfare system is private data on individuals, and shall not 
be disclosed except:  
    (a) pursuant to section 13.05;  
    (b) pursuant to a valid court order;  
    (c) pursuant to a statute specifically authorizing access 
to the private data;  
    (d) to an agent of the welfare system, including 
appropriate a law enforcement personnel person, attorney, or 
investigator who are acting for it in the investigation, 
prosecution, criminal or civil proceeding relating to the 
administration of a program;  
    (e) to personnel of the welfare system who require the data 
to determine eligibility, amount of assistance, and the need to 
provide services of additional programs to the individual;  
    (f) to administer federal funds or programs;  
    (g) between personnel of the welfare system working in the 
same program; 
    (h) the amounts of cash public assistance and relief paid 
to welfare recipients in this state, including their names and 
social security numbers, upon request by the department of 
revenue to administer the property tax refund law, supplemental 
housing allowance, and the income tax; or 
    (i) to the Minnesota department of economic security for 
the purpose of monitoring the eligibility of the data subject 
for unemployment compensation or for any employment or training 
program administered by that agency, whether alone or in 
conjunction with the welfare system; or 
    (j) to appropriate parties in connection with an emergency 
if knowledge of the information is necessary to protect the 
health or safety of the individual or other individuals or 
persons.  
    Sec. 2.  Minnesota Statutes 1982, section 13.46, 
subdivision 3, is amended to read: 
    Subd. 3.  [INVESTIGATIVE DATA.] Data on persons, including 
data on vendors of services, which that is collected, 
maintained, used, or disseminated by the welfare system in an 
investigation, authorized by statute and relating to the 
enforcement of rules or law, is confidential data on individuals 
pursuant to section 13.02, subdivision 3, or protected nonpublic 
data not on individuals pursuant to section 13.02, subdivision 
13, and shall not be disclosed except: 
    (a) pursuant to section 13.05; 
    (b) pursuant to statute or valid court order; 
    (c) to a party named in a civil or criminal proceeding, 
administrative or judicial, for preparation of defense. 
    The data referred to in this subdivision shall be 
classified as public data upon its submission to a hearing 
examiner or court in an administrative or judicial proceeding. 
    Sec. 3.  Minnesota Statutes 1982, section 13.46, 
subdivision 4, is amended to read:  
    Subd. 4.  [LICENSING DATA.] All data collected, maintained, 
used, or disseminated by the welfare system pertaining to 
persons licensed or registered under the authority of the 
commissioner of public welfare, except for personal and personal 
financial data submitted by about applicants and licensees under 
the home family day care program and the family foster care 
program, is are public data.  Personal and personal financial 
data on home family day care program and family foster care 
program applicants and licensees is are private data pursuant to 
section 13.02, subdivision 12.  
    Sec. 4.  Minnesota Statutes 1982, section 13.46, 
subdivision 5, is amended to read: 
    Subd. 5.  [MEDICAL DATA; CONTRACTS.] Data relating to the 
medical, psychiatric, or mental health of any person individual, 
including diagnosis, progress charts, treatment received, case 
histories, and opinions of health care providers, which that is 
collected, maintained, used, or disseminated by any agency to 
the welfare system is private data on individuals and will be 
available to the data subject, unless the private health care 
provider has clearly requested in writing that the data be 
withheld pursuant to section 144.335.  Data on individuals that 
is collected, maintained, used, or disseminated by a private 
health care provider under contract to any agency of the welfare 
system is private data on individuals, and is subject to the 
provisions of sections 13.02 to 13.07, and this section, except 
that the provisions of section 13.02 13.04, subdivision 5 3, 
shall not apply.  Access to medical data referred to in this 
subdivision by the individual who is the subject of the data is 
subject to the provisions of section 144.335.  
    Sec. 5.  Minnesota Statutes 1982, section 13.46, 
subdivision 6, is amended to read: 
    Subd. 6.  [OTHER DATA.] Data collected, used, maintained, 
or disseminated by the welfare system that is not data on 
individuals is public pursuant to section 13.03, except that the 
following data:  
    (a) investigative data classified by section 13.39;  
    (b) welfare investigative data classified by section 13.46, 
subdivision 3; and 
    (c) security information as defined in classified by 
section 13.37, subdivision 1, clause (a) shall be nonpublic 2. 
    Approved April 26, 1984