language to be deleted (2) new language
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 beare accessible to the legal representative of the decedent's estate orand to the decedent's surviving spouse or next of kin or, parents, children, and siblings and their legal representativerepresentatives. 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.