1.1                          A bill for an act 
  1.2             relating to health; modifying provisions relating to 
  1.3             access to certain data; amending Minnesota Statutes 
  1.4             1994, sections 144.225, by adding a subdivision; 
  1.5             144.3351; 144.651, subdivisions 21 and 26; 253B.03, 
  1.6             subdivisions 3 and 4; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 13; repealing Minnesota 
  1.8             Statutes 1994, section 13.38, subdivision 4. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [13.381] [TRANSITION PLANS OF HEALTH CARE 
  1.11  PROVIDERS.] 
  1.12     Transition plans that are submitted to the commissioner of 
  1.13  health by health care providers as required by section 62J.23, 
  1.14  subdivision 2, are classified as private data on individuals or 
  1.15  nonpublic data not on individuals. 
  1.16     Sec. 2.  Minnesota Statutes 1994, section 144.225, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 2a.  [HEALTH DATA ASSOCIATED WITH BIRTH 
  1.19  REGISTRATION.] Data relating to the mother's education and the 
  1.20  mother's and child's health that is collected in conjunction 
  1.21  with birth registration or fetal death reporting is private data 
  1.22  as defined in section 13.02, subdivision 12.  Data collected on 
  1.23  a live birth that is covered by section 144.218 or 144.225, 
  1.24  subdivision 2, is governed by those sections. 
  1.25     Sec. 3.  Minnesota Statutes 1994, section 144.3351, is 
  1.26  amended to read: 
  1.27     144.3351 [IMMUNIZATION DATA.] 
  2.1      Providers as defined in section 144.335, subdivision 1, 
  2.2   group purchasers as defined in section 62J.03, subdivision 6, 
  2.3   elementary or secondary schools or child care facilities as 
  2.4   defined in section 123.70, subdivision 9, public or private 
  2.5   post-secondary educational institutions as defined in section 
  2.6   135A.14, subdivision 1, paragraph (b), a board of health as 
  2.7   defined in section 145A.02, subdivision 2, community action 
  2.8   agencies as defined in section 268.53, subdivision 1, and the 
  2.9   commissioner of health may exchange immunization data with one 
  2.10  another, without the patient's consent, ~~on the date and type of~~ 
  2.11  ~~immunizations administered to a patient, regardless of the date~~ 
  2.12  ~~of immunization,~~ if the person requesting access provides 
  2.13  services on behalf of the patient.  For purposes of this 
  2.14  section, immunization data includes: 
  2.15     (1) the patient's name, address, date of birth, gender, 
  2.16  parent or guardian's name, unique patient identification number 
  2.17  as defined in section 62J.54, subdivision 4, unique 
  2.18  identification number for group purchasers as defined in section 
  2.19  62J.54, subdivision 3, paragraph (c), and social security 
  2.20  number; and 
  2.21     (2) the date the vaccine was received, vaccine type, lot 
  2.22  number, and manufacturer of all immunizations received by the 
  2.23  patient, and whether there is a contradiction or an adverse 
  2.24  reaction indication, regardless of the date of the immunization. 
  2.25     Sec. 4.  Minnesota Statutes 1994, section 144.651, 
  2.26  subdivision 21, is amended to read: 
  2.27     Subd. 21.  [COMMUNICATION PRIVACY.] Patients and residents 
  2.28  may associate and communicate privately with persons of their 
  2.29  choice and enter and, except as provided by the Minnesota 
  2.30  Commitment Act, leave the facility as they choose.  Patients and 
  2.31  residents shall have access, at their expense, to writing 
  2.32  instruments, stationery, and postage.  Personal mail shall be 
  2.33  sent without interference and received unopened unless medically 
  2.34  or programmatically contraindicated and documented by the 
  2.35  physician in the medical record.  There shall be access to a 
  2.36  telephone where patients and residents can make and receive 
  3.1   calls as well as speak privately.  Facilities which are unable 
  3.2   to provide a private area shall make reasonable arrangements to 
  3.3   accommodate the privacy of patients' or residents' calls.  Upon 
  3.4   admission to a facility~~, a patient or resident, or the patient's~~ 
  3.5   ~~or resident's legal guardian or conservator, shall be given the~~ 
  3.6   ~~opportunity to authorize disclosure of the patient's or~~ 
  3.7   ~~resident's presence in the facility, to callers or visitors who~~ 
  3.8   ~~may seek to communicate with the patient or resident.  This~~ 
  3.9   ~~disclosure option must be made available in all cases~~ where 
  3.10  federal law prohibits unauthorized disclosure of patient or 
  3.11  resident identifying information to callers and visitors, the 
  3.12  patient or resident, or the legal guardian or conservator of the 
  3.13  patient or resident, shall be given the opportunity to authorize 
  3.14  disclosure of the patient's or resident's presence in the 
  3.15  facility to callers and visitors who may seek to communicate 
  3.16  with the patient or resident.  To the extent possible, the legal 
  3.17  guardian or conservator of a patient or resident shall consider 
  3.18  the opinions of the patient or resident regarding the disclosure 
  3.19  of the patient's or resident's presence in the facility.  This 
  3.20  right is limited where medically inadvisable, as documented by 
  3.21  the attending physician in a patient's or resident's care 
  3.22  record.  Where programmatically limited by a facility abuse 
  3.23  prevention plan pursuant to section 626.557, subdivision 14, 
  3.24  clause 2, this right shall also be limited accordingly.  
  3.25     Sec. 5.  Minnesota Statutes 1994, section 144.651, 
  3.26  subdivision 26, is amended to read: 
  3.27     Subd. 26.  [RIGHT TO ASSOCIATE.] Residents may meet with 
  3.28  visitors and participate in activities of commercial, religious, 
  3.29  political, as defined in section 203B.11 and community groups 
  3.30  without interference at their discretion if the activities do 
  3.31  not infringe on the right to privacy of other residents or are 
  3.32  not programmatically contraindicated.  This includes the right 
  3.33  to join with other individuals within and outside the facility 
  3.34  to work for improvements in long-term care.  Upon admission to a 
  3.35  facility~~, a patient or resident, or the patient's or resident's~~ 
  3.36  ~~legal guardian or conservator, shall be given the opportunity to~~ 
  4.1   ~~authorize disclosure of the patient's or resident's presence in~~ 
  4.2   ~~the facility, to callers or visitors who may seek to communicate~~ 
  4.3   ~~with the patient or resident.  This disclosure option must be~~ 
  4.4   ~~made available in all cases~~ where federal law prohibits 
  4.5   unauthorized disclosure of patient or resident identifying 
  4.6   information to callers and visitors, the patient or resident, or 
  4.7   the legal guardian or conservator of the patient or resident, 
  4.8   shall be given the opportunity to authorize disclosure of the 
  4.9   patient's or resident's presence in the facility to callers and 
  4.10  visitors who may seek to communicate with the patient or 
  4.11  resident.  To the extent possible, the legal guardian or 
  4.12  conservator of a patient or resident shall consider the opinions 
  4.13  of the patient or resident regarding the disclosure of the 
  4.14  patient's or resident's presence in the facility. 
  4.15     Sec. 6.  Minnesota Statutes 1994, section 253B.03, 
  4.16  subdivision 3, is amended to read: 
  4.17     Subd. 3.  [VISITORS AND PHONE CALLS.] Subject to the 
  4.18  general rules of the treatment facility, a patient has the right 
  4.19  to receive visitors and make phone calls.  The head of the 
  4.20  treatment facility may restrict visits and phone calls on 
  4.21  determining that the medical welfare of the patient requires 
  4.22  it.  Any limitation imposed on the exercise of the patient's 
  4.23  visitation and phone call rights and the reason for it shall be 
  4.24  made a part of the clinical record of the patient.  Upon 
  4.25  admission to a facility~~, a patient or resident, or the patient's~~ 
  4.26  ~~or resident's legal guardian or conservator, shall be given the~~ 
  4.27  ~~opportunity to authorize disclosure of the patient's or~~ 
  4.28  ~~resident's presence in the facility, to callers or visitors who~~ 
  4.29  ~~may seek to communicate with the patient or resident.  This~~ 
  4.30  ~~disclosure option must be made available in all cases~~ where 
  4.31  federal law prohibits unauthorized disclosure of patient or 
  4.32  resident identifying information to callers and visitors, the 
  4.33  patient or resident, or the legal guardian or conservator of the 
  4.34  patient or resident, shall be given the opportunity to authorize 
  4.35  disclosure of the patient's or resident's presence in the 
  4.36  facility to callers and visitors who may seek to communicate 
  5.1   with the patient or resident.  To the extent possible, the legal 
  5.2   guardian or conservator of a patient or resident shall consider 
  5.3   the opinions of the patient or resident regarding the disclosure 
  5.4   of the patient's or resident's presence in the facility. 
  5.5      Sec. 7.  Minnesota Statutes 1994, section 253B.03, 
  5.6   subdivision 4, is amended to read: 
  5.7      Subd. 4.  [SPECIAL VISITATION; RELIGION.] A patient has the 
  5.8   right to meet with or call a personal physician, spiritual 
  5.9   advisor, and counsel at all reasonable times.  Upon admission to 
  5.10  a facility~~, a patient or resident, or the patient's or~~ 
  5.11  ~~resident's legal guardian or conservator, shall be given the~~ 
  5.12  ~~opportunity to authorize disclosure of the patient's or~~ 
  5.13  ~~resident's presence in the facility, to callers or visitors who~~ 
  5.14  ~~may seek to communicate with the patient or resident.  This~~ 
  5.15  ~~disclosure option must be made available in all cases~~ where 
  5.16  federal law prohibits unauthorized disclosure of patient or 
  5.17  resident identifying information to callers and visitors, the 
  5.18  patient or resident, or the legal guardian or conservator of the 
  5.19  patient or resident, shall be given the opportunity to authorize 
  5.20  disclosure of the patient's or resident's presence in the 
  5.21  facility to callers and visitors who may seek to communicate 
  5.22  with the patient or resident.  To the extent possible, the legal 
  5.23  guardian or conservator of a patient or resident shall consider 
  5.24  the opinions of the patient or resident regarding the disclosure 
  5.25  of the patient's or resident's presence in the facility.  The 
  5.26  patient has the right to continue the practice of religion. 
  5.27     Sec. 8.  [REPEALER.] 
  5.28     Minnesota Statutes 1994, section 13.38, subdivision 4, is 
  5.29  repealed.