Office of the Revisor of Statutes
Minnesota Session Laws - 1997, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 3-S.F.No. 7
An act relating to government data practices;
classifying data; making certain welfare and housing
data available to law enforcement agencies;
classifying data on individuals who receive homeless
services; eliminating the requirement that government
agencies pay a fee for commissioner's opinions;
modifying school immunization and health record
provisions; modifying patient consent to release of
records for research; requiring notice of
investigations to health board licensees; providing
for juvenile justice system access to certain
education data; providing for disclosure or inspection
of certain tax data or return information; limiting
disclosure of certain tax data under subpoena;
indexing statutes that restrict data access and are
located outside chapter 13; providing criminal
penalties; amending Minnesota Statutes 1996, sections
13.32, subdivisions 1, 3, and by adding a subdivision;
13.41, subdivision 2; 13.46, subdivision 2; 13.54, by
adding a subdivision; 13.99, subdivision 53b, and by
adding subdivisions; 53A.081, by adding a subdivision;
123.70, subdivisions 5, 7, and 10; 144.29; 144.335,
subdivision 3a; 214.10, subdivision 1; 260.161, by
adding a subdivision; 270.66, subdivision 3; 270B.01,
subdivision 8, as amended; 270B.03, subdivisions 1, 3,
and 4; 270B.08, subdivision 1; 270B.085, subdivision
1; 270B.09; 270B.12, subdivision 7; 270B.14,
subdivision 1, and by adding subdivisions; 270B.16;
287.34; and 626.556, subdivision 11; proposing coding
for new law in Minnesota Statutes, chapters 13; and
270B; repealing Minnesota Statutes 1996, sections
13.072, subdivision 3; and 13.71, subdivisions 18, 19,
20, and 21.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 13.32,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section:
(a) "Educational data" means data on individuals maintained
by a public educational agency or institution or by a person
acting for the agency or institution which relates to a student.
Records of instructional personnel which are in the sole
possession of the maker thereof and are not accessible or
revealed to any other individual except a substitute teacher,
and are destroyed at the end of the school year, shall not be
deemed to be government data.
Records of a law enforcement unit of a public educational
agency or institution which are maintained apart from education
data and are maintained solely for law enforcement purposes, and
are not disclosed to individuals other than law enforcement
officials of the jurisdiction are not educational data;
provided, that education records maintained by the educational
agency or institution are not disclosed to the personnel of the
law enforcement unit. The University of Minnesota police
department is a law enforcement agency for purposes of section
13.82 and other sections of Minnesota Statutes dealing with law
enforcement records. Records of organizations providing
security services to a public educational agency or institution
must be administered consistent with section 13.861.
Records relating to a student who is employed by a public
educational agency or institution which are made and maintained
in the normal course of business, relate exclusively to the
individual in that individual's capacity as an employee, and are
not available for use for any other purpose are classified
pursuant to section 13.43.
(b) "Juvenile justice system" includes criminal justice
agencies and the judiciary when involved in juvenile justice
activities.
(c) "Student" means an individual currently or formerly
enrolled or registered, applicants for enrollment or
registration at a public educational agency or institution, or
individuals who receive shared time educational services from a
public agency or institution.
(c) (d) "Substitute teacher" means an individual who
performs on a temporary basis the duties of the individual who
made the record, but does not include an individual who
permanently succeeds to the position of the maker of the record.
Sec. 2. Minnesota Statutes 1996, section 13.32,
subdivision 3, is amended to read:
Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.]
Except as provided in subdivision 5, educational data is private
data on individuals and shall not be disclosed except as follows:
(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 disclose information in health and safety
emergencies pursuant to the provisions of United States Code,
title 20, section 1232g(b)(1)(I) and Code of Federal
Regulations, title 34, section 99.36 which are in effect on July
1, 1993;
(e) Pursuant to the provisions of United States Code, title
20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
(b)(3) and Code of Federal Regulations, title 34, sections
99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on
July 1, 1993;
(f) To appropriate health authorities to the extent
necessary to administer immunization programs and for bona fide
epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to
individuals in the public educational agency or institution in
which the investigation is being conducted;
(g) When disclosure is required for institutions that
participate in a program under title IV of the Higher Education
Act, United States Code, title 20, chapter 1092, in effect on
July 1, 1993;
(h) To the appropriate school district officials to the
extent necessary under subdivision 6, annually to indicate the
extent and content of remedial instruction, including the
results of assessment testing and academic performance at a
post-secondary institution during the previous academic year by
a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction; or
(i) To appropriate authorities as provided in United States
Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern
the juvenile justice system and the ability of the system to
effectively serve, prior to adjudication, the student whose
records are released; provided that the authorities to whom the
data are released submit a written request for the data that
certifies that the data will not be disclosed to any other
person except as authorized by law without the written consent
of the parent of the student and the request and a record of the
release are maintained in the student's file; or
(i) (j) To volunteers who are determined to have a
legitimate educational interest in the data and who are
conducting activities and events sponsored by or endorsed by the
educational agency or institution for students or former
students.
Sec. 3. Minnesota Statutes 1996, section 13.32, is amended
by adding a subdivision to read:
Subd. 8. [ACCESS BY JUVENILE JUSTICE SYSTEM.] Upon
request, the following education data shall be disclosed under
subdivision 3, clause (i), to the juvenile justice system: a
student's full name, home address, telephone number, date of
birth; a student's school schedule, attendance record, and
photographs, if any; and parents' names, home addresses, and
telephone numbers.
Sec. 4. Minnesota Statutes 1996, section 13.41,
subdivision 2, is amended to read:
Subd. 2. [PRIVATE DATA; DESIGNATED ADDRESSES AND TELEPHONE
NUMBERS.] (a) The following data collected, created or
maintained by any licensing agency are classified as private,
pursuant to section 13.02, subdivision 12: data, other than
their names and designated addresses, submitted by applicants
for licenses; the identity of complainants who have made reports
concerning licensees or applicants which appear in inactive
complaint data unless the complainant consents to the
disclosure; the nature or content of unsubstantiated complaints
when the information is not maintained in anticipation of legal
action; the identity of patients whose medical records are
received by any health licensing agency for purposes of review
or in anticipation of a contested matter; inactive investigative
data relating to violations of statutes or rules; and the record
of any disciplinary proceeding except as limited by subdivision
4.
(b) An applicant for a license shall designate on the
application a residence or business address and telephone number
at which the applicant can be contacted in connection with the
license application. A licensee who is subject to a
health-related licensing board, as defined in section 214.01,
subdivision 2, shall designate a residence or business address
and telephone number at which the licensee can be contacted in
connection with the license.
Sec. 5. Minnesota Statutes 1996, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) 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:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) 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;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names,
social security numbers, income, addresses, and other data as
required, upon request by the department of revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund under
section 290A.04, and, if the required federal waiver or waivers
are granted, the federal earned income tax credit under section
32 of the Internal Revenue Code;
(9) to the Minnesota department of economic security for
the purpose of monitoring the eligibility of the data subject
for reemployment insurance, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system, and to
verify receipt of energy assistance for the telephone assistance
plan;
(10) 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;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state pursuant to Part C of Public
Law Number 98-527 to protect the legal and human rights of
persons with mental retardation or other related conditions who
live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
services office to the extent necessary to determine eligibility
under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families
with dependent children may be disclosed to law enforcement
officers who provide the name and social security number of the
recipient and satisfactorily demonstrate notify the agency that:
(i) the recipient is:
(A) is a fugitive felon, including the grounds for this
determination; fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a
crime that is a felony under the laws of the jurisdiction from
which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed
under state or federal law;
(ii) the location or apprehension of the felon is within
the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of those duties;
(16) the current address of a recipient of general
assistance, work readiness, or general assistance medical care
may be disclosed to probation officers and corrections agents
who are supervising the recipient, and to law enforcement
officers who are investigating the recipient in connection with
a felony level offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
food stamp act, in accordance with Code of Federal Regulations,
title 7, section 272.1(c);
(18) the address, social security number, and, if
available, photograph of any member of a household receiving
food stamps shall be made available, on request, to a local,
state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies
the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a
crime that is a felony in the jurisdiction the member is
fleeing;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem
(A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) data on a child support obligor who is in arrears may
be disclosed for purposes of publishing the data pursuant to
section 518.575;
(19) (20) data on child support payments made by a child
support obligor may be disclosed to the obligee;
(20) (21) data in the work reporting system may be
disclosed under section 256.998, subdivision 7;
(21) (22) to the department of children, families, and
learning for the purpose of matching department of children,
families, and learning student data with public assistance data
to determine students eligible for free and reduced price meals,
meal supplements, and free milk pursuant to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
produce accurate numbers of students receiving aid to families
with dependent children as required by section 124.175; and to
allocate federal and state funds that are distributed based on
income of the student's family; or
(22) (23) the current address and telephone number of
program recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed in accordance with the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), or (17), or (18), or paragraph
(b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are
private after the investigation becomes inactive under section
13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 6. Minnesota Statutes 1996, section 13.54, is amended
by adding a subdivision to read:
Subd. 6. [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A
public housing agency that enters a contract for assistance
under United States Code, title 42, sections 1437 to 1440, shall
furnish a local, state, or federal law enforcement officer, upon
the officer's request, with the current address, social security
number, and photograph, if available, of a recipient of
assistance under United States Code, title 42, sections 1437 to
1440, if the officer:
(1) provides the name of the recipient to the housing
agency; and
(2) notifies the agency that:
(i) the recipient:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the jurisdiction
from which the individual is fleeing, for a crime which is a
felony under the laws of that jurisdiction;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information necessary for the officer to conduct
the officer's official duties;
(ii) the location or apprehension of the individual is
within the officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duties.
Sec. 7. [13.541] [EMERGENCY SERVICES FOR HOMELESS PERSONS;
PRIVATE DATA.]
(a) "Grant recipient" includes a local government unit or
nonprofit organization that receives grants from a state agency
to provide emergency services for homeless persons.
(b) Data on individuals maintained by a grant recipient
from which the identity of any individual receiving emergency
services may be determined are private data on individuals and
the grant recipient shall maintain the data in accordance with
this chapter.
Sec. 8. Minnesota Statutes 1996, section 13.99, is amended
by adding a subdivision to read:
Subd. 6e. [AGRICULTURAL COMMODITIES PROMOTION
COUNCIL.] Financial information on producers of agricultural
commodities that is provided to the agricultural commodities
promotion council is governed by section 17.62.
Sec. 9. Minnesota Statutes 1996, section 13.99, is amended
by adding a subdivision to read:
Subd. 13a. [LICENSED CURRENCY EXCHANGES.] Financial
information in annual reports submitted to the commissioner of
commerce by currency exchanges is classified in section 53A.081,
subdivision 4.
Sec. 10. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 14b. [MATERIAL TRANSACTION REPORTS.] Reports
required to be filed by insurers regarding certain material
transactions are classified under section 60A.135, subdivision 4.
Sec. 11. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 14c. [RISK-BASED CAPITAL DATA.] Risk-based capital
reports and related reports, data, and orders maintained by the
commissioner of commerce are classified under section 60A.67.
Sec. 12. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 15a. [VIATICAL SETTLEMENTS DATA.] Viatical
settlements data provided to the commissioner of commerce are
classified under section 60A.968, subdivision 2.
Sec. 13. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 19k. [PREFERRED PROVIDER AGREEMENTS.] The terms and
conditions of certain preferred provider agreements are
classified in section 62E.13, subdivision 11.
Sec. 14. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 19l. [MINNESOTA RISK ADJUSTMENT ASSOCIATION.] Data
privacy issues concerning the Minnesota risk adjustment
association are governed by section 62Q.03, subdivision 9.
Sec. 15. Minnesota Statutes 1996, section 13.99,
subdivision 53b, is amended to read:
Subd. 53b. [VETERINARY RECORDS.] Veterinary records on
clients when a veterinarian is under investigation are
classified under section 156.082. Records on the veterinarian
are classified under section 156.125.
Sec. 16. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 59b. [IDENTITY OF EMPLOYEES MAKING COMPLAINTS.] The
disclosure of the identity of employees making certain
complaints is governed by section 181.932, subdivision 2.
Sec. 17. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 63a. [REGISTERED VOTER LISTS.] Access to registered
voter lists is governed by section 201.091.
Sec. 18. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 95a. [MEDICAL EXAMINER INVESTIGATIONS.] Certain data
on deceased persons collected or created by the Hennepin county
medical examiner are classified under section 383B.225.
Sec. 19. Minnesota Statutes 1996, section 53A.081, is
amended by adding a subdivision to read:
Subd. 4. [CLASSIFICATION OF DATA.] Financial information
on individuals and businesses that is submitted to the
commissioner in the annual report under subdivision 1 are
private data on individuals or nonpublic data.
Sec. 20. Minnesota Statutes 1996, section 123.70,
subdivision 5, is amended to read:
Subd. 5. If a person transfers from one elementary or
secondary school to another, the person shall be allowed school
board of a public school district or the administrator of a
nonpublic school may allow the person up to a maximum of 30 days
to submit one or more of the statements as specified in
subdivision 1 or 3, during which time the person may enroll in
and attend the school. If a person enrolls in a child care
facility in which at least 75 percent of children in the
facility participate on a one-time only or occasional basis to a
maximum of 45 hours per child, per month, or is placed in a
facility by a crisis nursery, the person shall be exempt from
all requirements of this section for up to five consecutive
days, starting from the first day of attendance.
Sec. 21. Minnesota Statutes 1996, section 123.70,
subdivision 7, is amended to read:
Subd. 7. Each school or child care facility shall maintain
on file immunization records for all persons in attendance that
contain the information required by subdivisions 1, 2, and 3.
The school shall maintain the records for at least five years
after the person attains the age of majority. The department of
health and the board of health, as defined in section 145A.02,
subdivision 2, in whose jurisdiction the school or child care
facility is located, shall have access to the files maintained
pursuant to this subdivision. When a person transfers to
another elementary or secondary school or child care facility,
the administrator or other person having general control and
supervision of the school or child care facility shall assist
the person's parent or guardian in the transfer of the
immunization file to the person's new school or child care
facility within 30 days of the transfer. Upon the request of a
public or private post-secondary educational institution, as
defined in section 135A.14, the administrator or other person
having general control or supervision of a school shall assist
in the transfer of a student's immunization file to the
post-secondary institution.
Sec. 22. Minnesota Statutes 1996, section 123.70,
subdivision 10, is amended to read:
Subd. 10. A statement required to be submitted under
subdivisions 1, 2, and 4 to document evidence of immunization
shall include month, day, and year for immunizations
administered after January 1, 1990.
(a) For persons enrolled in grades 7 and 12 during the
1996-1997 school term, the statement must indicate that the
person has received a dose of tetanus and diphtheria toxoid no
earlier than 11 years of age.
(b) Except as specified in paragraph (e), for persons
enrolled in grades 7, 8, and 12 during the 1997-1998 school
term, the statement must indicate that the person has received a
dose of tetanus and diphtheria toxoid no earlier than 11 years
of age.
(c) Except as specified in paragraph (e), for persons
enrolled in grades 7, 8, 9, and through 12 during the 1998-1999
school term and for each year thereafter, the statement must
indicate that the person has received a dose of tetanus and
diphtheria toxoid no earlier than 11 years of age.
(d) for persons enrolled in grades 7, 8, 9, 10, and 12
during the 1999-2000 school term, the statement must indicate
that the person has received a dose of tetanus and diphtheria
toxoid no earlier than 11 years of age.
(e) for persons enrolled in grades 7 through 12 during the
2000-2001 school term and for each year thereafter, the
statement must indicate that the person has received a dose of
tetanus and diphtheria toxoid no earlier than 11 years of age.
(f) (d) For persons enrolled in grades 7 through 12 during
the 1996-1997 school year and for each year thereafter, the
statement must indicate that the person has received at least
two doses of vaccine against measles, mumps, and rubella, given
alone or separately and given not less than one month apart.
(e) A person who has received at least three doses of
tetanus and diphtheria toxoids, with the most recent dose given
after age six and before age 11, is not required to have
additional immunization against diphtheria and tetanus until ten
years have elapsed from the person's most recent dose of tetanus
and diphtheria toxoid.
Sec. 23. Minnesota Statutes 1996, section 144.29, is
amended to read:
144.29 [HEALTH RECORDS; CHILDREN OF SCHOOL AGE.]
It shall be the duty of every school nurse, school
physician, school attendance officer, superintendent of schools,
principal, teacher, and of the persons charged with the duty of
compiling and keeping the school census records, to cause a
permanent public health record to be kept for each child of
school age. Such record shall be kept in such form that it may
be transferred with the child to any school which the child
shall attend within the state and transferred to the
commissioner when the child ceases to attend school. It shall
contain a record of such health matters as shall be prescribed
by the commissioner, and of all mental and physical defects and
handicaps which might permanently cripple or handicap the
child student health data as defined in section 13.32,
subdivision 2, paragraph (a), and shall be classified as private
data as defined in section 13.32, subdivision 3. Nothing in
sections 144.29 to 144.32 shall be construed to require any
child whose parent or guardian objects in writing thereto to
undergo a physical or medical examination or treatment. A copy
shall be forwarded to the proper department of any state to
which the child shall remove. Each district shall assign a
teacher, school nurse, or other professional person to review,
at the beginning of each school year, the health record of all
pupils under the assignee's direction. Growth, results of
vision and hearing screening, and findings obtained from health
assessments must be entered periodically on the pupil's health
record.
Sec. 24. Minnesota Statutes 1996, section 144.335,
subdivision 3a, is amended to read:
Subd. 3a. [PATIENT CONSENT TO RELEASE OF RECORDS;
LIABILITY.] (a) A provider, or a person who receives health
records from a provider, may not release a patient's health
records to a person without a signed and dated consent from the
patient or the patient's legally authorized representative
authorizing the release, unless the release is specifically
authorized by law. Except as provided in paragraph (c) or (d),
a consent is valid for one year or for a lesser period specified
in the consent or for a different period provided by law.
(b) This subdivision does not prohibit the release of
health records:
(1) for a medical emergency when the provider is unable to
obtain the patient's consent due to the patient's condition or
the nature of the medical emergency; or
(2) to other providers within related health care entities
when necessary for the current treatment of the patient.
(c) Notwithstanding paragraph (a), if a patient explicitly
gives informed consent to the release of health records for the
purposes and pursuant to the restrictions in clauses (1) and
(2), the consent does not expire after one year for:
(1) the release of health records to a provider who is
being advised or consulted with in connection with the current
treatment of the patient;
(2) the release of health records to an accident and health
insurer, health service plan corporation, health maintenance
organization, or third-party administrator for purposes of
payment of claims, fraud investigation, or quality of care
review and studies, provided that:
(i) the use or release of the records complies with
sections 72A.49 to 72A.505;
(ii) further use or release of the records in individually
identifiable form to a person other than the patient without the
patient's consent is prohibited; and
(iii) the recipient establishes adequate safeguards to
protect the records from unauthorized disclosure, including a
procedure for removal or destruction of information that
identifies the patient.
(d) Notwithstanding paragraph (a), health records may be
released to a an external researcher solely for purposes of
medical or scientific research only as follows:
(1) health records generated before January 1, 1997, may be
released if the patient has not objected or does not elect to
object after that date;
(2) for health records generated on or after January 1,
1997, the provider must:
(i) disclose in writing to patients currently being treated
by the provider that health records, regardless of when
generated, may be released and that the patient may object, in
which case the records will not be released; and
(ii) use reasonable efforts to obtain the patient's written
general authorization that describes the release of records in
item (i), which does not expire but may be revoked or limited in
writing at any time by the patient or the patient's authorized
representative; and
(3) authorization may be established if an authorization is
mailed at least two times to the patient's last known address
with a postage prepaid return envelope and a conspicuous notice
that the patient's medical records may be released if the
patient does not object, and at least 60 days have expired since
the second notice was sent; and the provider must advise the
patient of the rights specified in clause (4); and
(4) the provider must, at the request of the patient,
provide information on how the patient may contact an external
researcher to whom the health record was released and the date
it was released.
In making a release for research purposes the provider
shall make a reasonable effort to determine that:
(i) the use or disclosure does not violate any limitations
under which the record was collected;
(ii) the use or disclosure in individually identifiable
form is necessary to accomplish the research or statistical
purpose for which the use or disclosure is to be made;
(iii) the recipient has established and maintains adequate
safeguards to protect the records from unauthorized disclosure,
including a procedure for removal or destruction of information
that identifies the patient; and
(iv) further use or release of the records in individually
identifiable form to a person other than the patient without the
patient's consent is prohibited.
(e) A person who negligently or intentionally releases a
health record in violation of this subdivision, or who forges a
signature on a consent form, or who obtains under false
pretenses the consent form or health records of another person,
or who, without the person's consent, alters a consent form, is
liable to the patient for compensatory damages caused by an
unauthorized release, plus costs and reasonable attorney's fees.
(f) Upon the written request of a spouse, parent, child, or
sibling of a patient being evaluated for or diagnosed with
mental illness, a provider shall inquire of a patient whether
the patient wishes to authorize a specific individual to receive
information regarding the patient's current and proposed course
of treatment. If the patient so authorizes, the provider shall
communicate to the designated individual the patient's current
and proposed course of treatment. Paragraph (a) applies to
consents given under this paragraph.
(g) In cases where a provider releases health records
without patient consent as authorized by law, the release must
be documented in the patient's health record.
Sec. 25. Minnesota Statutes 1996, section 214.10,
subdivision 1, is amended to read:
Subdivision 1. [RECEIPT OF COMPLAINT; NOTICE.] The
executive director or executive secretary of a board, a board
member or any other person who performs services for the board
who receives a complaint or other communication, whether oral or
written, which complaint or communication alleges or implies a
violation of a statute or rule which the board is empowered to
enforce, shall promptly forward the substance of the
communication on a form prepared by the attorney general to the
designee of the attorney general responsible for providing legal
services to the board. Before proceeding further with the
communication, the designee of the attorney general may require
the complaining party to state the complaint in writing on a
form prepared by the attorney general. Complaints which relate
to matters within the jurisdiction of another governmental
agency shall be forwarded to that agency by the executive
director or executive secretary. An officer of that agency
shall advise the executive director or executive secretary of
the disposition of that complaint. A complaint received by
another agency which relates to a statute or rule which a
licensing board is empowered to enforce shall be forwarded to
the executive director or executive secretary of the board to be
processed in accordance with this section. No complaint
alleging a matter within the jurisdiction of the board shall be
dismissed by a board unless at least two board members have
reviewed the matter. If a board makes a determination to
investigate a complaint, it shall notify a licensee who is the
subject of an investigation that an investigation has been
initiated at a time when such notice will not compromise the
investigation.
Sec. 26. Minnesota Statutes 1996, section 260.161, is
amended by adding a subdivision to read:
Subd. 3b. [COUNTY ATTORNEY REFERRAL OF CHILD IN NEED OF
PROTECTION OR SERVICES.] In a county in which the county
attorney refers children who are in need of protection or
services to community programs, the county attorney may provide
a community program with data on a child who is a participant or
being considered for participation in the program.
Sec. 27. [TAXPAYER'S PERSONAL INFORMATION; DISCLOSURE.]
(a) An owner of property in Washington or Ramsey county
that is subject to property taxation must be informed in a clear
and conspicuous manner in writing on a form sent to property
taxpayers that the property owner's name, address, and other
information may be used, rented, or sold for business purposes,
including surveys, marketing, and solicitation.
(b) If the property owner so requests on the form provided,
then any such list generated by the county and sold for business
purposes must exclude the owner's name and address if the
business purpose is conducting surveys, marketing, or
solicitation.
(c) This section expires August 1, 1999.
Sec. 28. [LOCAL APPROVAL REQUIRED.]
Section 27 is effective in Washington or Ramsey county the
day after the chief clerical officer of the affected county
complies with Minnesota Statutes, section 645.021, subdivision 3.
Sec. 29. Minnesota Statutes 1996, section 270.66,
subdivision 3, is amended to read:
Subd. 3. [AGENCIES SHALL MAINTAIN RECORDS.]
Notwithstanding any provision to the contrary, every person,
organization, or corporation doing business (hereafter called
vendor) with the state of Minnesota or any of its departments,
agencies, or educational institutions including the University
of Minnesota (all hereafter called agency) shall provide that
agency with either their social security number, federal
taxpayer identification number, or Minnesota tax identification
number. The commissioner may verify to the agency the
identifying information provided by a vendor. The agency shall
maintain records of this information, and shall make these
records available, on request, to the commissioner for the sole
purpose of identifying people who have not filed state tax
returns or who have not paid uncontested state tax liabilities
(hereafter called delinquent taxpayer). When an agency is
notified by the commissioner that a vendor is a delinquent
taxpayer, payments shall not be made by the agency to the vendor
until the commissioner notifies the agency that the vendor no
longer is a delinquent taxpayer. Furthermore, if the vendor has
an uncontested delinquent tax liability, the setoff provided in
subdivision 1 may be implemented. The commissioner shall
determine that a vendor no longer is a delinquent taxpayer when
the vendor has filed all delinquent state tax returns, paid all
uncontested state tax liabilities or entered into an agreement
with the commissioner which provides for the payment of these
liabilities.
Sec. 30. Minnesota Statutes 1996, section 270B.01,
subdivision 8, as amended by Laws 1997, chapter 231, article 13,
section 1, is amended to read:
Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this
chapter only, "Minnesota tax laws" means the taxes, refunds, and
fees administered by or paid to the commissioner under
chapters 115B (except taxes imposed under sections 115B.21 to
115B.24), 289A (except taxes imposed under sections 298.01,
298.015, and 298.24), 290, 290A, 291, 297A, and 297F and
sections 295.50 to 295.59, or any similar Indian tribal tax
administered by the commissioner pursuant to any tax agreement
between the state and the Indian tribal government, and includes
any laws for the assessment, collection, and enforcement of
those taxes, refunds, and fees.
Sec. 31. Minnesota Statutes 1996, section 270B.03,
subdivision 1, is amended to read:
Subdivision 1. [WHO MAY INSPECT.] Returns and return
information must, on written request, be made open to inspection
by or disclosure to the data subject. For purposes of this
chapter, the following are the data subject:
(1) in the case of an individual return, that individual;
(2) in the case of an income tax return filed jointly,
either of the individuals with respect to whom the return is
filed;
(3) in the case of a partnership return, any person who was
a member of the partnership during any part of the period
covered by the return;
(4) in the case of the return of a corporation or its
subsidiary:
(i) any person designated by resolution of the board of
directors or other similar governing body;
(ii) any officer or employee of the corporation upon
written request signed by any officer and attested to by the
secretary or another officer;
(iii) any bona fide shareholder of record owning one
percent or more of the outstanding stock of the corporation;
(iv) if the corporation is a corporation that has made an
election under section 1362 of the Internal Revenue Code of
1986, as amended through December 31, 1988, any person who was a
shareholder during any part of the period covered by the return
during which an election was in effect; or
(v) if the corporation has been dissolved, any person
authorized by state law to act for the corporation or any person
who would have been authorized if the corporation had not been
dissolved;
(5) in the case of an estate return:
(i) the personal representative or trustee of the estate;
and
(ii) any heir at law, next of kin, or beneficiary of the
estate, but only if the commissioner finds that the heir at law,
next of kin, or beneficiary has a material interest that will be
affected by information contained in the return as shown on the
federal estate tax return;
(6) in the case of a trust return:
(i) the trustee or trustees, jointly or separately; and
(ii) any beneficiary of the trust, but only if the
commissioner finds that the beneficiary has a material interest
that will be affected by information contained in the return as
shown in the trust instrument;
(7) if liability has been assessed to a transferee under
section 289A.31, subdivision 3, the transferee is the data
subject with regard to the returns and return information
relating to the assessed liability;
(8) in the case of an Indian tribal government or an Indian
tribal government-owned entity,
(i) the chair of the tribal government, or
(ii) any person authorized by the tribal government; and
(9) in the case of a successor as defined in section
270.102, subdivision 1, paragraph (b), the successor is the data
subject and information may be disclosed as provided by section
270.102, subdivision 4.
Sec. 32. Minnesota Statutes 1996, section 270B.03,
subdivision 3, is amended to read:
Subd. 3. [DECEASED INDIVIDUALS.] Notwithstanding section
13.10, a return filed by or on behalf of a decedent is open to
inspection by or disclosure to:
(1) the personal representative of the decedent's estate or
trustee appointed under section 573.02, subdivision 3, or a
similar law of another state; and
(2) any heir at law, next of kin, or beneficiary under the
will of the decedent, or a donee of property, but only if the
commissioner finds that the heir at law, next of kin,
beneficiary, or donee has a material interest that will be
affected by information contained in the return a claimant under
section 290A.18, subdivision 1.
Sec. 33. Minnesota Statutes 1996, section 270B.03,
subdivision 4, is amended to read:
Subd. 4. [TITLE 11 OF THE UNITED STATES CODE AND
RECEIVERSHIP PROCEEDINGS.] (a) If the commissioner finds that
the trustee or receiver, in that person's fiduciary capacity,
has a material interest that will be affected by information
contained in the return, A return is open to inspection by or
disclosure to the trustee or receiver if:
(1) there is a trustee in a title 11 (United States
Bankruptcy Code) case in which the debtor is the person with
respect to whom the return is filed; or
(2) substantially all of the property of the person with
respect to whom the return is filed is in the hands of a
receiver.
(b) In an involuntary bankruptcy case of an individual, no
disclosure may be made under paragraph (a) until the order for
relief has been entered by the court having jurisdiction of the
case, unless the court finds that disclosure is appropriate for
purposes of determining whether an order for relief should be
entered.
Sec. 34. Minnesota Statutes 1996, section 270B.08,
subdivision 1, is amended to read:
Subdivision 1. [PERMIT INFORMATION.] The commissioner may
disclose to any person making an inquiry regarding the issuance
of a sales tax permit to a specific retailer whether a permit
has been issued to the retailer, the name and address of the
permit holder, the business name and location, the sales and use
tax account number, and the date of issuance of the permit, and
whether the permit has been canceled under section 297A.065.
Sec. 35. [270B.081] [SALES TAX EXEMPTION CERTIFICATES.]
The commissioner may disclose to any person making inquiry
regarding the issuance of direct pay permits or certificates of
exemption issued by the commissioner to a taxpayer whether the
permit or certificate has been issued to the taxpayer, the
business name and location, the permit or certificate number,
the date of issuance of the permit or certificate, and whether
the certificate is currently valid.
Sec. 36. Minnesota Statutes 1996, section 270B.085,
subdivision 1, is amended to read:
Subdivision 1. [SEIZURE INFORMATION.] Following the
execution of a writ of entry under section 16D.08, subdivision
2, or 270.70, the commissioner may disclose information
identifying the individual or business subject to the writ, the
basis for the writ, and the results of the execution, including
lists of property seized.
Sec. 37. Minnesota Statutes 1996, section 270B.09, is
amended to read:
270B.09 [CONTRACTS WITH THE STATE OR POLITICAL SUBDIVISION;
SETOFF.]
The commissioner may disclose to the department of finance
or any state agency or political or governmental subdivision of
the state making payment to a vendor as described in section
270.66 or a contractor or subcontractor as described in section
290.97 whether the vendor, contractor, or subcontractor has an
uncontested delinquent tax liability owed to the commissioner
and the amount of any liability. The commissioner may also
disclose taxpayer identity information to the department of
finance, to the department of human services, to an agency
requesting verification under section 270.66, subdivision 3, and
to the University of Minnesota, solely for vendor setoff
purposes.
Sec. 38. Minnesota Statutes 1996, section 270B.12,
subdivision 7, is amended to read:
Subd. 7. [LOTTERY DIVISION.] (a) The commissioner of
revenue may disclose to the lottery the amount of delinquent
state taxes, or debt as defined in section 270A.03, subdivision
5, of a winner of a lottery prize of $1,000 $600 or more, to the
extent necessary to administer section 349A.08, subdivision 8.
(b) The commissioner of revenue may disclose to the lottery
division that a retailer owes $500 or more in delinquent taxes
as defined in section 270.72, to the extent necessary to
administer section 349A.06, subdivision 2.
Sec. 39. Minnesota Statutes 1996, section 270B.14,
subdivision 1, is amended to read:
Subdivision 1. [DISCLOSURE TO COMMISSIONER OF HUMAN
SERVICES.] (a) On the request of the commissioner of human
services, the commissioner shall disclose return information
regarding taxes imposed by chapter 290, and claims for refunds
under chapter 290A, to the extent provided in paragraph (b) and
for the purposes set forth in paragraph (c).
(b) Data that may be disclosed are limited to data relating
to the identity, whereabouts, employment, income, and property
of a person owing or alleged to be owing an obligation of child
support.
(c) The commissioner of human services may request data
only for the purposes of carrying out the child support
enforcement program and to assist in the location of parents who
have, or appear to have, deserted their children. Data received
may be used only as set forth in section 256.978.
(d) The commissioner shall provide the records and
information necessary to administer the supplemental housing
allowance to the commissioner of human services.
(e) At the request of the commissioner of human services,
the commissioner of revenue shall electronically match the
social security numbers and names of participants in the
telephone assistance plan operated under sections 237.69 to
237.711, with those of property tax refund filers, and determine
whether each participant's household income is within the
eligibility standards for the telephone assistance plan.
(f) The commissioner may provide records and information
collected under sections 295.50 to 295.59 to the commissioner of
human services for purposes of the Medicaid Voluntary
Contribution and Provider-Specific Tax Amendments of 1991,
Public Law Number 102-234. Upon the written agreement by the
United States Department of Health and Human Services to
maintain the confidentiality of the data, the commissioner may
provide records and information collected under sections 295.50
to 295.59 to the Health Care Financing Administration section of
the United States Department of Health and Human Services for
purposes of meeting federal reporting requirements.
(g) The commissioner may provide records and information to
the commissioner of human services as necessary to administer
the early refund of refundable tax credits.
(h) The commissioner may disclose information to the
commissioner of human services necessary to verify income for
eligibility and premium payment under the MinnesotaCare program,
under section 256.9355, subdivision 2.
Sec. 40. Minnesota Statutes 1996, section 270B.14, is
amended by adding a subdivision to read:
Subd. 15. [DISCLOSURE TO COMMISSIONER OF THE POLLUTION
CONTROL AGENCY.] For purposes of administering and enforcing the
dry cleaning and environmental response and reimbursement law of
sections 115B.47 to 115B.51, the commissioner may disclose to
the commissioner of the pollution control agency the names and
addresses of the facilities, owners, and operators collected by
the commissioner under section 115B.49, subdivision 4.
Sec. 41. Minnesota Statutes 1996, section 270B.14, is
amended by adding a subdivision to read:
Subd. 16. [DISCLOSURE TO LAW ENFORCEMENT
AUTHORITIES.] Under circumstances involving threat of death or
physical injury to any individual, the commissioner may disclose
return information to the extent necessary to apprise
appropriate federal, state, or local law enforcement authorities
of such circumstances. Data disclosed under this subdivision
are classified under section 13.82 once they are received by the
law enforcement authority.
Sec. 42. Minnesota Statutes 1996, section 270B.16, is
amended to read:
270B.16 [DISCOVERY OF REVENUE DATA.]
Notwithstanding any law to the contrary, data collected by
the department of revenue are not subject to discovery or
subpoena in a legal action, other than an action or proceeding
in connection with tax administration, unless disclosure of the
data is authorized under this chapter.
Sec. 43. Minnesota Statutes 1996, section 287.34, is
amended to read:
287.34 [VIOLATIONS.]
Any person who in any manner knowingly intentionally
attempts to evade the a tax imposed by sections 287.21 to 287.33
this chapter, or who knowingly intentionally aids or abets in
the evasion or attempted evasion of the such tax or who
knowingly violates the provisions of sections 287.21 to 287.33
shall be guilty of a gross misdemeanor.
Sec. 44. Minnesota Statutes 1996, section 626.556,
subdivision 11, is amended to read:
Subd. 11. [RECORDS.] (a) Except as provided in paragraph
(b) and subdivisions 10b, 10d, 10g, and 11b, all records
concerning individuals maintained by a local welfare agency
under this section, including any written reports filed under
subdivision 7, shall be private data on individuals, except
insofar as copies of reports are required by subdivision 7 to be
sent to the local police department or the county sheriff.
Reports maintained by any police department or the county
sheriff shall be private data on individuals except the reports
shall be made available to the investigating, petitioning, or
prosecuting authority, including county medical examiners or
county coroners. Section 13.82, subdivisions 5, 5a, and 5b,
apply to law enforcement data other than the reports. The local
social services agency shall make available to the
investigating, petitioning, or prosecuting authority, including
county medical examiners or county coroners or their
professional delegates, any records which contain information
relating to a specific incident of neglect or abuse which is
under investigation, petition, or prosecution and information
relating to any prior incidents of neglect or abuse involving
any of the same persons. The records shall be collected and
maintained in accordance with the provisions of chapter 13. In
conducting investigations and assessments pursuant to this
section, the notice required by section 13.04, subdivision 2,
need not be provided to a minor under the age of ten who is the
alleged victim of abuse or neglect. An individual subject of a
record shall have access to the record in accordance with those
sections, except that the name of the reporter shall be
confidential while the report is under assessment or
investigation except as otherwise permitted by this
subdivision. Any person conducting an investigation or
assessment under this section who intentionally discloses the
identity of a reporter prior to the completion of the
investigation or assessment is guilty of a misdemeanor. After
the assessment or investigation is completed, the name of the
reporter shall be confidential. The subject of the report may
compel disclosure of the name of the reporter only with the
consent of the reporter or upon a written finding by the court
that the report was false and that there is evidence that the
report was made in bad faith. This subdivision does not alter
disclosure responsibilities or obligations under the rules of
criminal procedure.
(b) Upon request of the legislative auditor, data on
individuals maintained under this section must be released to
the legislative auditor in order for the auditor to fulfill the
auditor's duties under section 3.971. The auditor shall
maintain the data in accordance with chapter 13.
Sec. 45. [PUBLIC DEFENDER ACCESS TO CRIMINAL HISTORY
DATA.]
The criminal and juvenile justice information policy group
shall facilitate remote electronic access to public criminal
history data by public defenders.
Sec. 46. [ACCESS TO PUBLIC CONVICTION DATA.]
The bureau of criminal apprehension, in conjunction with
the criminal and juvenile justice information policy group,
shall report to the chairs of the committees on judiciary in the
house of representatives and the senate and the chair of the
committee on crime prevention in the senate by January 15, 1998,
a plan for making public conviction data available at locations
beyond the central office of the bureau of criminal apprehension.
Sec. 47. [REPEALER.]
Minnesota Statutes 1996, sections 13.072, subdivision 3;
and 13.71, subdivisions 18, 19, 20, and 21, are repealed.
Sec. 48. [EFFECTIVE DATE.]
Section 24 is effective retroactive to January 1, 1997.
Sections 29 to 42 are effective the day following final
enactment. Section 43 is effective for deeds executed and
delivered, and mortgages submitted for recording, on or after
August 1, 1997.
Presented to the governor June 27, 1997
Signed by the governor June 30, 1997, 9:45 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes