1.1                          A bill for an act 
  1.2             relating to health; providing employer immunity for 
  1.3             reference checks for certain health care providers and 
  1.4             facilities; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 604A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [604A.33] [REFERENCE CHECKS BY CERTAIN HEALTH 
  1.8   CARE PROVIDERS AND FACILITIES.] 
  1.9      Subdivision 1.  [APPLICATION.] This section applies to 
  1.10  residential treatment programs for children or group homes for 
  1.11  children licensed under chapter 245A, residential services and 
  1.12  programs for juveniles licensed under section 241.021, providers 
  1.13  licensed pursuant to sections 144A.01 to 144A.33 or sections 
  1.14  144A.43 to 144A.48 personal care provider organizations, 
  1.15  providers of day training and habilitation services under 
  1.16  sections 252.40 to 252.46, board and lodging facilities licensed 
  1.17  under chapter 157, intermediate care facilities for persons with 
  1.18  mental retardation or related conditions, and other facilities 
  1.19  licensed to provide residential services to persons with 
  1.20  developmental disabilities. 
  1.21     Subd. 2.  [CAUSES OF ACTION.] (a) No action may be brought 
  1.22  against a provider or facility listed in subdivision 1 or a 
  1.23  designated employee or agent of the provider or facility who 
  1.24  discloses information regarding a former or current employee to 
  1.25  a prospective employer as provided under this section.  This 
  2.1   subdivision does not preclude a charge or action under chapter 
  2.2   363, or an action arising from a disclosure that is proved, by a 
  2.3   preponderance of the evidence, was made fraudulently or with 
  2.4   deliberate disregard as to its truth or falsity. 
  2.5      (b) This subdivision does not preclude an action against a 
  2.6   prospective employer for disclosing information received under 
  2.7   this section. 
  2.8      Subd. 3.  [REFERENCE CHECKS.] (a) Upon written request, a 
  2.9   provider or facility listed in subdivision 1 or a designated 
  2.10  employee or agent of the provider or facility may disclose in 
  2.11  writing the following information about a current or former 
  2.12  employee to a prospective employer: 
  2.13     (1) dates of employment; 
  2.14     (2) compensation and wage history; 
  2.15     (3) job description and duties; 
  2.16     (4) training and education provided by the employer; and 
  2.17     (5) all acts of violence, theft, harassment, or illegal 
  2.18  conduct by the employee documented in the personnel record which 
  2.19  resulted in disciplinary action or resignation, and the 
  2.20  employee's written response, if necessary, contained in the 
  2.21  personnel record. 
  2.22     (b) With the written authorization of the current or former 
  2.23  employee, a provider or facility listed in subdivision 1 or a 
  2.24  designated employee or agent of the provider or facility may 
  2.25  also disclose the following information in writing to a 
  2.26  prospective employer: 
  2.27     (1) written employee evaluations conducted prior to the 
  2.28  employee's separation from the employer and the employee's 
  2.29  written response, if any, contained in the employee's personnel 
  2.30  record; 
  2.31     (2) disciplinary warnings and actions in the five years 
  2.32  before the date of the authorization and the employee's written 
  2.33  response, if any, contained in the employee's personnel record; 
  2.34  and 
  2.35     (3) reasons for separation from employment. 
  2.36     (c) The provider, facility, designated employee, or agent 
  3.1   must provide a written copy of a disclosure made under this 
  3.2   subdivision and information on to whom the disclosure was made 
  3.3   to the current or former employee upon request. 
  3.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2002, 
  3.5   and applies to causes of action arising on or after that date.