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Key: (1) language to be deleted (2) new language

                            CHAPTER 228-H.F.No. 556 
                  An act relating to health; modifying provisions for 
                  unique identifiers for health care providers, group 
                  purchasers, and patients; modifying birth data 
                  provisions; limiting access to certified copies of 
                  birth and death certificates; requiring standardized 
                  format for birth and death certificates; extending 
                  date of commissioner's access to fetal, infant, and 
                  maternal death data; modifying lead inspection and 
                  notice requirements; amending Minnesota Statutes 1996, 
                  sections 62J.451, subdivision 6c; 62J.54; 144.212, by 
                  adding subdivisions; 144.215, by adding subdivisions; 
                  144.225, subdivision 2, and by adding subdivisions; 
                  144.9504, subdivision 2; and 145.90, subdivision 2.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 62J.451, 
        subdivision 6c, is amended to read: 
           Subd. 6c.  [PROVIDER ORGANIZATION PERFORMANCE 
        MEASUREMENT.] (a) As part of the performance measurement plan 
        specified in subdivision 6, the health data institute shall 
        develop a mechanism to assess the performance of hospitals and 
        other provider organizations, and to disseminate this 
        information to consumers, purchasers, policymakers, and other 
        interested parties, consistent with the data policies specified 
        in section 62J.452.  Data to be collected may include structural 
        characteristics including staff-mix and nurse-patient ratios.  
        In selecting additional data for collection, the health data 
        institute may consider: 
           (1) feasibility and statistical validity of the indicator; 
           (2) purchaser and public demand for the indicator; 
           (3) estimated expense of collecting and reporting the 
        indicator; and 
           (4) usefulness of the indicator for internal improvement 
        purposes. 
           (b) The health data institute may conduct consumer surveys 
        that focus on health care provider organizations.  Health care 
        provider organizations may provide roster data, as defined in 
        subdivision 2, including names, addresses, and telephone numbers 
        of their patients, to the health data institute for purposes of 
        conducting the surveys.  Roster data provided by health care 
        provider organizations under this paragraph are private data on 
        individuals as defined in section 13.02, subdivision 12.  
        Providing data under this paragraph does not constitute a 
        release of health records for purposes of section 144.335, 
        subdivision 3a. 
           Sec. 2.  Minnesota Statutes 1996, section 62J.54, is 
        amended to read: 
           62J.54 [IDENTIFICATION AND IMPLEMENTATION OF UNIQUE 
        IDENTIFIERS.] 
           Subdivision 1.  [UNIQUE IDENTIFICATION NUMBER FOR HEALTH 
        CARE PROVIDER ORGANIZATIONS.] (a) On and after January 1, 
        1998 Not later than 24 months after the date on which a unique 
        health identifier for health care providers is adopted or 
        established under sections 1171 to 1179 of Public Law Number 
        104-191, 110 Statutes at Large 1936, all group purchasers and 
        health care providers in Minnesota shall use a unique 
        identification number to identify health care provider 
        organizations, except as provided in paragraph (e) (b). 
           (b) Small health plans, as defined by the federal Secretary 
        of Health and Human Services under section 1175 of Public Law 
        Number 104-191, 110 Statutes at Large 1936, shall use a unique 
        identification number to identify health provider organizations 
        no later than 36 months after the date on which a unique health 
        identifier for health care providers is adopted or established 
        under sections 1171 to 1179 of Public Law Number 104-191, 110 
        Statutes at Large 1936. 
           (c) The first eight digits of the national provider 
        identifier maintained by the federal Health Care Financing 
        Administration unique health identifier for health care 
        providers adopted or established by the federal Secretary of 
        Health and Human Services under sections 1171 to 1179 of Public 
        Law Number 104-191, 110 Statutes at Large 1936 (1996 and 
        subsequent amendments), shall be used as the unique 
        identification number for health care provider organizations. 
           (c) (d) Provider organizations required to have a national 
        provider unique health identifier are:  
           (1) hospitals licensed under chapter 144; 
           (2) nursing homes and hospices licensed under chapter 144A; 
           (3) subacute care facilities; 
           (4) individual providers organized as a clinic or group 
        practice; 
           (5) independent laboratory, pharmacy, surgery, radiology, 
        or outpatient facilities; 
           (6) ambulance services licensed under chapter 144; and 
           (7) special transportation services certified under chapter 
        174; and 
           (8) other provider organizations as required by the federal 
        Secretary of Health and Human Services under sections 1171 to 
        1179 of Public Law Number 104-191, 110 Statutes at Large 1936 
        (1996 and subsequent amendments).  
           Provider organizations shall obtain a national provider 
        unique health identifier from the federal Health Care Financing 
        Administration Secretary of Health and Human Services using the 
        federal Health Care Financing Administration's prescribed 
        process prescribed by the Secretary. 
           (d) (e) Only the unique health care provider organization 
        identifier shall be used for purposes of submitting and 
        receiving claims, and in conjunction with other data collection 
        and reporting functions. 
           (e) The state and federal health care programs administered 
        by the department of human services shall use the unique 
        identification number assigned to health care providers for 
        implementation of the Medicaid Management Information System or 
        the national provider identifier maintained by the federal 
        Health Care Financing Administration. 
           (f) The commissioner of health may become a subscriber to 
        contract with the federal Health Care Financing Administration's 
        national provider system Secretary of Health and Human Services 
        or the Secretary's agent to implement this subdivision. 
           Subd. 2.  [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL 
        HEALTH CARE PROVIDERS.] (a) On and after January 1, 1998 Not 
        later than 24 months after the date on which a unique health 
        identifier for health care providers is adopted or established 
        under sections 1171 to 1179 of Public Law Number 104-191, 110 
        Statutes at Large 1936, all group purchasers and health care 
        providers in Minnesota shall use a unique identification number 
        to identify an individual health care provider, except as 
        provided in paragraph (e) (b). 
           (b) Small health plans, as defined by the federal Secretary 
        of Health and Human Services under section 1175 of Public Law 
        Number 104-191, 110 Statutes at Large 1936, shall use a unique 
        identification number to identify an individual health care 
        provider no later than 36 months after the date on which a 
        unique health identifier for health care providers is adopted or 
        established under sections 1171 to 1179 of Public Law Number 
        104-191, 110 Statutes at Large 1936. 
           (c) The first eight digits of the national provider 
        identifier maintained by the federal Health Care Financing 
        Administration's national provider system unique health 
        identifier for health care providers adopted or established by 
        the federal Secretary of Health and Human Services under 
        sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
        at Large 1936 (1996 and subsequent amendments), shall be used as 
        the unique identification number for individual health care 
        providers.  
           (c) (d) Individual providers required to have a national 
        provider unique health identifier are:  
           (1) physicians licensed under chapter 147; 
           (2) dentists licensed under chapter 150A; 
           (3) chiropractors licensed under chapter 148; 
           (4) podiatrists licensed under chapter 153; 
           (5) physician assistants as defined under section 147A.01; 
           (6) advanced practice nurses as defined under section 
        62A.15; 
           (7) doctors of optometry licensed under section 148.57; 
           (8) pharmacists licensed under chapter 151; 
           (8) (9) individual providers who may bill Medicare for 
        medical and other health services as defined in United States 
        Code, title 42, section 1395x(s); and 
           (9) (10) individual providers who are providers for state 
        and federal health care programs administered by the 
        commissioner of human services; and 
           (11) other individual providers as required by the federal 
        Secretary of Health and Human Services under sections 1171 to 
        1179 of Public Law Number 104-191, 110 Statutes at Large 1936 
        (1996 and subsequent amendments). 
           Providers shall obtain a national provider unique health 
        identifier from the federal Health Care Financing Administration 
        Secretary of Health and Human Services using the Health Care 
        Financing Administration's prescribed process prescribed by the 
        Secretary.  
           (d) (e) Only the unique individual health care provider 
        identifier shall be used for purposes of submitting and 
        receiving claims, and in conjunction with other data collection 
        and reporting functions. 
           (e) The state and federal health care programs administered 
        by the department of human services shall use the unique 
        identification number assigned to health care providers for 
        implementation of the Medicaid Management Information System or 
        the national provider identifier maintained by the federal 
        Health Care Financing Administration. 
           (f) The commissioner of health may become a subscriber to 
        contract with the federal Health Care Financing Administration's 
        national provider system Secretary of Health and Human Services 
        or the Secretary's agent to implement this subdivision. 
           Subd. 3.  [UNIQUE IDENTIFICATION NUMBER FOR GROUP 
        PURCHASERS.] (a) On and after January 1, 1998 Not later than 24 
        months after the date on which a unique health identifier for 
        employers and health plans is adopted or established under 
        sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
        at Large 1936, all group purchasers and health care providers in 
        Minnesota shall use a unique identification number to identify 
        group purchasers, except as provided in paragraph (b). 
           (b) Small health plans, as defined by the federal Secretary 
        of Health and Human Services under section 1175 of Public Law 
        Number 104-191, 110 Statutes at Large 1936, shall use a unique 
        identification number to identify group purchasers no later than 
        36 months after the date on which a unique health identifier for 
        employers and health plans is adopted or established under 
        sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
        at Large 1936.  
           (c) The payer identification number assigned for the 
        federal Health Care Financing Administration's PAYERID system 
        unique health identifier for health plans and employers adopted 
        or established by the federal Secretary of Health and Human 
        Services under sections 1171 to 1179 of Public Law Number 
        104-191, 110 Statutes at Large 1936 (1996 and subsequent 
        amendments), shall be used as the unique identification number 
        for group purchasers.  
           (c) (d) Group purchasers shall obtain a payer unique health 
        identifier number from the federal Health Care Financing 
        Administration Secretary of Health and Human Services using 
        the Health Care Financing Administration's prescribed 
        process prescribed by the Secretary. 
           (d) (e) The unique group purchaser identifier, as described 
        in this section, shall be used for purposes of submitting and 
        receiving claims, and in conjunction with other data collection 
        and reporting functions. 
           (e) (f) The commissioner of health may become a registry 
        user to contract with the federal Health Care Financing 
        Administration's PAYERID system Secretary of Health and Human 
        Services or the Secretary's agent to implement this subdivision. 
           Subd. 4.  [UNIQUE PATIENT IDENTIFICATION NUMBER.] (a) On 
        and after January 1, 1998 Not later than 24 months after the 
        date on which a unique health identifier for individuals is 
        adopted or established under sections 1171 to 1179 of Public Law 
        Number 104-191, 110 Statutes at Large 1936, all group purchasers 
        and health care providers in Minnesota shall use a unique 
        identification number to identify each patient who receives 
        health care services in Minnesota, except as provided in 
        paragraph (e) (b). 
           (b) Except as provided in paragraph (d), following the 
        recommendation of the workgroup for electronic data interchange, 
        the social security number of the patient Small health plans, as 
        defined by the federal Secretary of Health and Human Services 
        under section 1175 of Public Law Number 104-191, 110 Statutes at 
        Large 1936, shall use a unique identification number to identify 
        each patient who receives health care services in Minnesota no 
        later than 36 months after the date on which a unique health 
        identifier for individuals is adopted or established under 
        sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes 
        at Large 1936. 
           (c) The unique health identifier for individuals adopted or 
        established by the federal Secretary of Health and Human 
        Services under sections 1171 to 1179 of Public Law Number 
        104-191, 110 Statutes at Large 1936 (1996 and subsequent 
        amendments), shall be used as the unique patient identification 
        number, except as provided in paragraphs (e) and (f). 
           (c) (d) The unique patient identification number shall be 
        used by group purchasers and health care providers for purposes 
        of submitting and receiving claims, and in conjunction with 
        other data collection and reporting functions. 
           (d) The commissioner shall develop an alternate numbering 
        system for patients who do not have or refuse to provide a 
        social security number.  This provision does not require that 
        patients provide their social security numbers and does not 
        require group purchasers or providers to demand that patients 
        provide their social security numbers.  Group purchasers and 
        health care providers shall establish procedures to notify 
        patients that they can elect not to have their social security 
        number used as the unique patient identification number. 
           (e) The state and federal health care programs administered 
        by the department of human services shall use the unique person 
        master index (PMI) identification number assigned to clients 
        participating in programs administered by the department of 
        human services.  Within the limits of available appropriations, 
        the commissioner shall develop a proposal for an alternate 
        numbering system for patients who do not have or refuse to 
        provide their social security numbers, if: 
           (1) a unique health identifier for individuals is adopted 
        or established under sections 1171 to 1179 of Public Law Number 
        104-191, 110 Statutes at Large 1936; 
           (2) the unique health identifier is the social security 
        number of the patient; 
           (3) there is no federal alternate numbering system for 
        patients who do not have or refuse to provide their social 
        security numbers; and 
           (4) federal law or the federal Secretary of Health and 
        Human Services explicitly allows a state to develop an alternate 
        numbering system for patients who do not have or refuse to 
        provide their social security numbers. 
           (f) If an alternate numbering system is developed under 
        paragraph (e), patients who use numbers issued by the alternate 
        numbering system are not required to provide their social 
        security numbers and group purchasers or providers may not 
        demand the social security numbers of patients who provide 
        numbers issued by the alternate numbering system.  If an 
        alternate numbering system is developed under paragraph (e), 
        group purchasers and health care providers shall establish 
        procedures to notify patients that they can elect not to have 
        their social security number used as the unique patient 
        identifier. 
           (g)  The commissioner of health may contract with the 
        federal Secretary of Health and Human Services or the 
        Secretary's agent to implement this subdivision. 
           Sec. 3.  Minnesota Statutes 1996, section 144.212, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [AMENDMENT.] "Amendment" means completion or 
        correction of a vital record. 
           Sec. 4.  Minnesota Statutes 1996, section 144.212, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [DELAYED REGISTRATION.] "Delayed registration" 
        means registration of a certificate of birth or death filed one 
        or more years after the date established by law for filing a 
        certificate of birth or death. 
           Sec. 5.  Minnesota Statutes 1996, section 144.212, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [INSTITUTION.] "Institution" means a public or 
        private establishment that: 
           (1) provides inpatient or outpatient medical, surgical, or 
        diagnostic care or treatment; or 
           (2) provides nursing, custodial, or domiciliary care, or to 
        which persons are committed by law. 
           Sec. 6.  Minnesota Statutes 1996, section 144.215, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [BIRTHS OCCURRING IN AN INSTITUTION.] When a 
        birth occurs in an institution or en route to an institution, 
        the person in charge of the institution or that person's 
        authorized designee shall obtain the personal data required 
        under this section and shall prepare the certificate of birth.  
        For purposes of this section, "institution" means a hospital or 
        other facility that provides childbirth services. 
           Sec. 7.  Minnesota Statutes 1996, section 144.215, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [BIRTHS OCCURRING OUTSIDE AN INSTITUTION.] When a 
        birth occurs outside of an institution as defined in subdivision 
        5, the certificate of birth shall be prepared and filed by one 
        of the following persons, in the indicated order of preference: 
           (1) the physician present at the time of the birth or 
        immediately thereafter; 
           (2) in the absence of a physician, a person present at the 
        time of the birth or immediately thereafter; 
           (3) the father or mother of the child; or 
           (4) in the absence of the father and if the mother is 
        unable, the person with primary responsibility for the premises 
        where the child was born. 
           Sec. 8.  Minnesota Statutes 1996, section 144.215, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [EVIDENCE REQUIRED TO REGISTER A NONINSTITUTION 
        BIRTH WITHIN THE FIRST YEAR OF BIRTH.] When a birth occurs in 
        this state outside of an institution, as defined in subdivision 
        5, and the birth certificate is filed before the first birthday, 
        evidence in support of the facts of birth shall be required when 
        neither the state nor local registrar has personal knowledge 
        regarding the facts of birth.  Evidence shall be presented by 
        the individual responsible for filing the certificate under 
        subdivision 6.  Evidence shall consist of proof that the child 
        was born alive, proof of pregnancy, or evidence of the mother's 
        presence in this state on the date of the birth.  If the 
        evidence is not acceptable, the state registrar shall advise the 
        applicant of the reason for not filing a birth certificate and 
        shall further advise the applicant of the right of appeal to a 
        court of competent jurisdiction. 
           Sec. 9.  Minnesota Statutes 1996, section 144.225, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DATA ABOUT BIRTHS.] (a) Except as otherwise 
        provided in this subdivision, data pertaining to the birth of a 
        child, to a woman who was not married to the child's father when 
        the child was conceived nor when the child was born, including 
        the original certificate of birth and the certified copy, are 
        confidential data.  At the time of the birth of a child to a 
        woman who was not married to the child's father when the child 
        was conceived nor when the child was born, the mother may 
        designate on the birth registration form whether data pertaining 
        to the birth will be public data.  Notwithstanding the 
        designation of the data as confidential, it may be disclosed: 
           (1) to a parent or guardian of the child,; 
           (2) to the child when the child is 18 years of age or 
        older,; 
           (3) under paragraph (b); or 
           (4) pursuant to a court order, or under paragraph (b).  For 
        purposes of this section, a subpoena does not constitute a court 
        order. 
           (b) Unless the child is adopted, data pertaining to the 
        birth of a child that are not accessible to the public become 
        public data if 100 years have elapsed since the birth of the 
        child who is the subject of the data, or as provided under 
        section 13.10, whichever occurs first. 
           (c) If a child is adopted, data pertaining to the child's 
        birth are governed by the provisions relating to adoption 
        records, including sections 13.10, subdivision 5; 144.1761; 
        144.218, subdivision 1; and 259.89.  The birth and death records 
        of the commissioner of health shall be open to inspection by the 
        commissioner of human services and it shall not be necessary for 
        the commissioner of human services to obtain an order of the 
        court in order to inspect records or to secure certified copies 
        of them.  
           (d) The name and address of a mother under paragraph (a) 
        and the child's date of birth may be disclosed to the county 
        social services or public health member of a family services 
        collaborative for purposes of providing services under section 
        121.8355. 
           Sec. 10.  Minnesota Statutes 1996, section 144.225, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [CERTIFIED COPY OF BIRTH OR DEATH 
        CERTIFICATE.] The state or local registrar shall issue a 
        certified copy of a birth or death certificate to an individual 
        upon the individual's proper completion of an affidavit provided 
        by the commissioner: 
           (1) to a person who has a tangible interest in the 
        requested certificate.  A person who has a tangible interest is: 
           (i) the subject of the certificate; 
           (ii) a child of the subject; 
           (iii) the spouse of the subject; 
           (iv) a parent of the subject, unless the parent is a birth 
        parent whose parental rights have been terminated; 
           (v) the legal custodian or guardian of the subject; 
           (vi) a personal representative of the estate of the subject 
        or a successor of the subject, as defined in section 524.1-201, 
        if the subject is deceased; 
           (vii) a representative authorized by a person under clauses 
        (1) to (3); or 
           (viii) a person who demonstrates that a certified copy of 
        the certificate is necessary for the determination or protection 
        of a personal or property right, pursuant to rules adopted by 
        the commissioner; 
           (2) to any local, state, or federal governmental agency 
        upon request if the certified certificate is necessary for the 
        governmental agency to perform its authorized duties.  An 
        authorized governmental agency includes the department of human 
        services, the department of revenue, and the United States 
        Immigration and Naturalization Service; or 
           (3) pursuant to a court order issued by a court of 
        competent jurisdiction.  For purposes of this section, a 
        subpoena does not constitute a court order. 
           Sec. 11.  Minnesota Statutes 1996, section 144.225, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [STANDARDIZED FORMAT FOR CERTIFIED BIRTH AND 
        DEATH CERTIFICATES.] No later than July 1, 2000, the 
        commissioner shall develop a standardized format for certified 
        birth certificates and death certificates issued by state and 
        local registrars.  The format shall incorporate security 
        features in accordance with this section.  The standardized 
        format must be implemented on a statewide basis by July 1, 2001. 
           Sec. 12.  Minnesota Statutes 1996, section 144.9504, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LEAD INSPECTION.] (a) An inspecting agency shall 
        conduct a lead inspection of a residence according to the venous 
        blood lead level and time frame set forth in clauses (1) to (4) 
        for purposes of secondary prevention:  
           (1) within 48 hours of a child or pregnant female in the 
        residence being identified to the agency as having a venous 
        blood lead level equal to or greater than 70 micrograms of lead 
        per deciliter of whole blood; 
           (2) within five working days of a child or pregnant female 
        in the residence being identified to the agency as having a 
        venous blood lead level equal to or greater than 45 micrograms 
        of lead per deciliter of whole blood; 
           (3) within ten working days of a child or pregnant female 
        in the residence being identified to the agency as having a 
        venous blood lead level equal to or greater than 20 micrograms 
        of lead per deciliter of whole blood; or 
           (4) within ten working days of a child or pregnant female 
        in the residence being identified to the agency as having a 
        venous blood lead level that persists in the range of 15 to 19 
        micrograms of lead per deciliter of whole blood for 90 days 
        after initial identification.  
           (b) Within the limits of available state and federal 
        appropriations, an inspecting agency may also conduct a lead 
        inspection for children with any elevated blood lead level.  
           (c) In a building with two or more dwelling units, an 
        inspecting agency shall inspect the individual unit in which the 
        conditions of this section are met and shall also inspect all 
        common areas.  If a child visits one or more other sites such as 
        another residence, or a residential or commercial child care 
        facility, playground, or school, the inspecting agency shall 
        also inspect the other sites.  The inspecting agency shall have 
        one additional day added to the time frame set forth in this 
        subdivision to complete the lead inspection for each additional 
        site.  
           (d) Within the limits of appropriations, the inspecting 
        agency shall identify the known addresses for the previous 12 
        months of the child or pregnant female with elevated venous 
        blood lead levels of at least 20 micrograms per deciliter for 
        the child or at least ten micrograms per deciliter for the 
        pregnant female; notify the property owners, landlords, and 
        tenants at those addresses that an elevated blood lead level was 
        found in a person who resided at the property; and give them a 
        copy of the lead inspection guide.  The inspecting agency shall 
        provide the notice required by this subdivision without 
        identifying the child or pregnant female with the elevated blood 
        lead level.  The inspecting agency is not required to obtain the 
        consent of the child's parent or guardian or the consent of the 
        pregnant female for purposes of this subdivision.  This 
        information shall be classified as private data on individuals 
        as defined under section 13.02, subdivision 12.  
           (e) The inspecting agency shall conduct the lead inspection 
        according to rules adopted by the commissioner under section 
        144.9508.  An inspecting agency shall have lead inspections 
        performed by lead inspectors licensed by the commissioner 
        according to rules adopted under section 144.9508.  If a 
        property owner refuses to allow an inspection, the inspecting 
        agency shall begin legal proceedings to gain entry to the 
        property and the time frame for conducting a lead inspection set 
        forth in this subdivision no longer applies.  An inspector or 
        inspecting agency may observe the performance of lead hazard 
        reduction in progress and shall enforce the provisions of this 
        section under section 144.9509.  Deteriorated painted surfaces, 
        bare soil, dust, and drinking water must be tested with 
        appropriate analytical equipment to determine the lead content, 
        except that deteriorated painted surfaces or bare soil need not 
        be tested if the property owner agrees to engage in lead hazard 
        reduction on those surfaces.  
           (f) A lead inspector shall notify the commissioner and the 
        board of health of all violations of lead standards under 
        section 144.9508, that are identified in a lead inspection 
        conducted under this section.  
           (g) Each inspecting agency shall establish an 
        administrative appeal procedure which allows a property owner to 
        contest the nature and conditions of any lead order issued by 
        the inspecting agency.  Inspecting agencies must consider 
        appeals that propose lower cost methods that make the residence 
        lead safe. 
           (h) Sections 144.9501 to 144.9509 neither authorize nor 
        prohibit an inspecting agency from charging a property owner for 
        the cost of a lead inspection. 
           Sec. 13.  Minnesota Statutes 1996, section 145.90, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACCESS TO DATA.] (a) Until July 1, 1997 2000, 
        the commissioner of health has access to medical data as defined 
        in section 13.42, subdivision 1, paragraph (b), medical examiner 
        data as defined in section 13.83, subdivision 1, and health 
        records created, maintained, or stored by providers as defined 
        in section 144.335, subdivision 1, paragraph (b), without the 
        consent of the subject of the data, and without the consent of 
        the parent, spouse, other guardian, or legal representative of 
        the subject of the data, when the subject of the data is: 
           (1) a fetus that showed no signs of life at the time of 
        delivery, was 20 or more weeks of gestation at the time of 
        delivery, and was not delivered by an induced abortion; 
           (2) a liveborn infant that died within the first two years 
        of life; 
           (3) a woman who died during a pregnancy or within 12 months 
        of a fetal death, a live birth, or other termination of a 
        pregnancy; or 
           (4) the biological mother of a fetus or infant as described 
        in clause (1) or (2). 
           The commissioner only has access to medical data and health 
        records related to deaths or stillbirths that occur on or after 
        July 1, 1994.  With respect to data under clause (4), the 
        commissioner only has access to medical data and health records 
        that contain information that bears upon the pregnancy and the 
        outcome of the pregnancy. 
           (b) The provider or responsible authority that creates, 
        maintains, or stores the data shall furnish the data upon the 
        request of the commissioner.  The provider or responsible 
        authority may charge a fee for providing data, not to exceed the 
        actual cost of retrieving and duplicating the data. 
           (c) The commissioner shall make a good faith reasonable 
        effort to notify the subject of the data, or the parent, spouse, 
        other guardian, or legal representative of the subject of the 
        data, before collecting data on the subject.  For purposes of 
        this paragraph, "reasonable effort" includes: 
           (1) one visit by a public health nurse to the last known 
        address of the data subject, or the parent, spouse, or guardian; 
        and 
           (2) if the public health nurse is unable to contact the 
        data subject, or the parent, spouse, or guardian, one notice by 
        certified mail to the last known address of the data subject, or 
        the parent, spouse, or guardian. 
           (d) The commissioner does not have access to coroner or 
        medical examiner data that are part of an active investigation 
        as described in section 13.83. 
           Sec. 14.  [EFFECTIVE DATE.] 
           Sections 7 and 8 are effective August 1, 1998.  Section 10 
        is effective August 1, 2000.  Section 13 is effective the day 
        following final enactment. 
           Presented to the governor May 29, 1997 
           Signed by the governor June 2, 1997, 2:06 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569