Minnesota Session Laws - 2018, Regular Session

CHAPTER 152--H.F.No. 3689

An act

relating to health; making changes to birth defect information system;

amending Minnesota Statutes 2016, sections 144.2215, subdivision 1; 144.2216, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 144.2215, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner of health shall establish and maintain an information system containing data on the cause, treatment, prevention, and cure of major birth defects. The commissioner shall consult with representatives and experts in epidemiology, medicine, insurance, health maintenance organizations, genetics, consumers, and voluntary organizations in developing the system and may phase in the implementation of the system. new text begin Sections 144.2215 to 144.2219 apply to birth defects that develop during pregnancy and: new text end

new text begin (1) result in live births; or new text end

new text begin (2) result in fetal deaths, reportable under section 144.222. new text end

Sec. 2.

Minnesota Statutes 2016, section 144.2216, subdivision 4, is amended to read:

Subd. 4.

Opt out.

A parent or legal guardian must be informed by the commissioner at the time of the initial data collection that they may request removal at any time of personal identifying information concerning a child from the birth defects information system using a written form prescribed by the commissioner. The commissioner shall advise parents or legal guardians deleted text begin of infants deleted text end :

(1) that the information on birth defects may be retained by the Department of Health;

(2) new text begin of new text end the benefit new text begin and privacy implications new text end of retaining birth defects records;

(3) that they may elect to have the birth defects information collected once, within one year of birth new text begin or fetal death, as defined in section 144.222 new text end , but to require that all personally identifying information be destroyed immediately upon the commissioner receiving the information. If the parents deleted text begin of an infant deleted text end new text begin or legal guardians new text end object in writing to the maintaining of birth defects information, the objection or election shall be recorded on a form that is signed by a parent or legal guardian and submitted to the commissioner of health; and

(4) that if the parent or legal guardian chooses to opt-out, the commissioner will not be able to inform the parent or legal guardian deleted text begin of a child deleted text end of information related to the prevention, treatment, or cause of a particular birth defect.

Presented to the governor May 16, 2018

Signed by the governor May 19, 2018, 4:34 p.m.