Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 64-S.F.No. 264 
           An act relating to health; requiring that health care 
          providers timely furnish patient health records and 
          reports; amending Minnesota Statutes 1988, section 
          144.335, subdivisions 2 and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 144.335, 
subdivision 2, is amended to read: 
    Subd. 2.  [PATIENT ACCESS.] (a) Upon request, a provider 
shall supply to a patient complete and current information 
possessed by that provider concerning any diagnosis, treatment 
and prognosis of the patient in terms and language the patient 
can reasonably be expected to understand. 
    (b) Upon a patient's written request, a provider, at a 
reasonable cost to the patient, shall promptly furnish to the 
patient (1) copies of the patient's health record, including but 
not limited to laboratory reports, X-rays, prescriptions, and 
other technical information used in assessing the patient's 
health condition, or (2) the pertinent portion of the record 
relating to a condition specified by the patient.  With the 
consent of the patient, the provider may instead furnish only a 
summary of the record.  The provider may exclude from the health 
record written speculations about the patient's health 
condition, except that all information necessary for the 
patient's informed consent must be provided. 
    (c) If a provider, as defined in subdivision 1, clause 
(b)(1), reasonably determines that the information is 
detrimental to the physical or mental health of the patient, or 
is likely to cause the patient to inflict self harm, or to harm 
another, the provider may withhold the information from the 
patient and may supply the information to an appropriate third 
party or to another provider, as defined in subdivision 1, 
clause (b)(1).  The other provider or third party may release 
the information to the patient. 
    (d) A provider as defined in subdivision 1, clause (b)(2), 
shall release information upon written request unless, prior to 
the request, a provider as defined in subdivision 1, clause 
(b)(1), has designated and described a specific basis for 
withholding the information as authorized by paragraph (c). 
    Sec. 2.  Minnesota Statutes 1988, section 144.335, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROVIDER TRANSFERS AND LOANS.] A patient's 
health record, including but not limited to, laboratory reports, 
X-rays, prescriptions, and other technical information used in 
assessing the patient's condition, or the pertinent portion of 
the record relating to a specific condition, or a summary of the 
record, shall promptly be furnished to another provider upon the 
written request of the patient.  The written request shall 
specify the name of the provider to whom the health record is to 
be furnished.  The provider who furnishes the health record or 
summary may retain a copy of the materials furnished.  The 
patient shall be responsible for the reasonable costs of 
furnishing the information. 
    Presented to the governor April 28, 1989 
    Signed by the governor May 1, 1989, 8:27 a.m.