Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 175-H.F.No. 444 
           An act relating to data privacy; providing for access 
          to private medical examiner data and other medical 
          data by family members; amending Minnesota Statutes 
          1988, sections 13.42, subdivision 3; 13.83, 
          subdivision 8; and 144.335, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 13.42, 
subdivision 3, is amended to read: 
    Subd. 3.  [CLASSIFICATION OF MEDICAL DATA.] Unless the data 
is summary data or a statute specifically provides a different 
classification, medical data are private but are available only 
to the subject of the data as provided in section 144.335, and 
shall not be disclosed to others except;: 
    (a) Pursuant to section 13.05; 
    (b) Pursuant to a valid court order; 
    (c) To administer federal funds or programs; 
    (d) To the surviving spouse or next of kin, parents, 
children, and siblings of a deceased patient or client or, if 
there are no surviving spouse, parents, children, or siblings, 
to the surviving heirs of the nearest degree of kindred; 
    (e) To communicate a patient's or client's condition to a 
family member or other appropriate person in accordance with 
acceptable medical practice, unless the patient or client 
directs otherwise; or 
    (f) As otherwise required by law.  
    Sec. 2.  Minnesota Statutes 1988, section 13.83, 
subdivision 8, is amended to read: 
    Subd. 8.  [ACCESS TO PRIVATE DATA.] The data made private 
by this section shall be are accessible to the legal 
representative of the decedent's estate or and to the decedent's 
surviving spouse or next of kin or, parents, children, and 
siblings and their legal representative representatives.  
    Sec. 3.  Minnesota Statutes 1988, section 144.335, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the following terms have the meanings given them: 
    (a) "Patient" means a natural person who has received 
health care services from a provider for treatment of a medical, 
psychiatric, or mental condition, the surviving spouse and 
parents of a deceased patient, or a person the patient 
designates in writing as a representative.  Except for minors 
who have received health care services pursuant to sections 
144.341 to 144.347, in the case of a minor, "patient" includes a 
parent or guardian, or a person acting as a parent or guardian 
in the absence of a parent or guardian. 
    (b) "Provider" means (1) any person who furnishes health 
care services and is licensed to furnish the services pursuant 
to chapter 147, 148, 148B, 150A, 151, or 153; (2) a home care 
provider licensed under section 144A.46; and (3) a health care 
facility licensed pursuant to this chapter or chapter 144A. 
    Presented to the governor May 18, 1989 
    Signed by the governor May 19, 1989, 12:08 a.m.