1.1                          A bill for an act
  1.2             relating to data practices; providing licensees with 
  1.3             access to certain data; changing the maximum fee 
  1.4             allowable for copies of patient medical records; 
  1.5             amending Minnesota Statutes 1994, sections 13.41, 
  1.6             subdivision 2; and 144.335, subdivision 5. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 13.41, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [PRIVATE DATA.] (a) The following data collected, 
  1.11  created or maintained by any licensing agency are classified as 
  1.12  private, pursuant to section 13.02, subdivision 12:  data, other 
  1.13  than their names and designated addresses, submitted by 
  1.14  applicants for licenses; the identity of complainants who have 
  1.15  made reports concerning licensees or applicants which appear in 
  1.16  inactive complaint data unless the complainant consents to the 
  1.17  disclosure; the nature or content of unsubstantiated complaints 
  1.18  when the information is not maintained in anticipation of legal 
  1.19  action; the identity of patients whose medical records are 
  1.20  received by any health licensing agency for purposes of review 
  1.21  or in anticipation of a contested matter; inactive investigative 
  1.22  data relating to violations of statutes or rules; and the record 
  1.23  of any disciplinary proceeding except as limited by subdivision 
  1.24  4. 
  1.25     (b) An applicant for a license shall designate on the 
  1.26  application a residence or business address at which the 
  2.1   applicant can be contacted in connection with the license 
  2.2   application. 
  2.3      (c) Prior to being required to make an appearance before a 
  2.4   licensing agency, a licensee shall be given the identity of the 
  2.5   complainant, the details of the complaint, and a copy of any 
  2.6   statement made to the licensing agency by the complainant. 
  2.7      Sec. 2.  Minnesota Statutes 1994, section 144.335, 
  2.8   subdivision 5, is amended to read: 
  2.9      Subd. 5.  [COSTS.] When a patient requests a copy of the 
  2.10  patient's record for purposes of reviewing current medical care, 
  2.11  the provider must not charge a fee.  When a provider or its 
  2.12  representative makes copies of patient records upon a patient's 
  2.13  request under this section, the provider or its representative 
  2.14  may charge the patient or the patient's representative no more 
  2.15  than 75 30 cents per page, plus $10 for time spent retrieving 
  2.16  and copying the records, unless other law or a rule or contract 
  2.17  provide for a lower maximum charge.  This limitation does not 
  2.18  apply to X-rays.  The provider may charge a patient no more than 
  2.19  the actual cost of reproducing X-rays, plus no more than $10 for 
  2.20  the time spent retrieving and copying the X-rays. 
  2.21     The respective maximum charges of 75 cents per page and $10 
  2.22  for time provided in this subdivision are in effect for calendar 
  2.23  year 1992 and may be adjusted annually each calendar year as 
  2.24  provided in this subdivision.  The permissible maximum charges 
  2.25  shall change each year by an amount that reflects the change, as 
  2.26  compared to the previous year, in the consumer price index for 
  2.27  all urban consumers, Minneapolis-St. Paul (CPI-U), published by 
  2.28  the department of labor.