1.1 	A bill for an act
1.2 	relating to medical records; authorizing the electronic exchange of records with 
1.3 	a nonprofit corporation providing physician services for Hennepin County;
1.4 	amending Minnesota Statutes 2006, section 383B.917, subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 383B.917, subdivision 1, is amended to 
1.7 	read:
1.8 		Subdivision 1.Data Practices Act. (a) The corporation is subject to chapter 13, the 
1.9 	Minnesota Government Data Practices Act.
1.10 	(b) "Competitive data," as defined in this subdivision, are nonpublic data ~~pursuant~~ 
1.11 	~~to~~as defined in section 13.02, subdivision 9, or private data on individuals ~~pursuant to~~
1.12 	as defined in section 13.02, subdivision 12. Competitive data are any type of data that 
1.13 	the corporation, in its discretion, determines that if disclosed could cause competitive 
1.14 	disadvantage to the corporation, including causing adverse effects on the current or 
1.15 	future competitive position of the corporation or the entities, facilities, and operations for 
1.16 	which it is responsible. Data discussed at an open meeting of the corporation retains the 
1.17 	data's original classification, including classification as competitive data, as provided in 
1.18 	section 13D.05, subdivision 1, paragraph (c). Any data disseminated by the corporation to 
1.19 	the county shall retain the same classification in the hands of the county, including the 
1.20 	classification as competitive data, as provided in section 13.03, subdivision 4.
1.21 	(c) A subsidiary, joint venture, association, partnership, or other entity that is formed 
1.22 	by the corporation is not subject to chapter 13, except that if the corporation enters into a 
1.23 	contract with such an entity to perform any functions of the corporation, the corporation 
1.24 	shall include in the contract terms that make it clear that data created, collected, received, 
2.1 	stored, used, maintained, or disseminated by the contracting entity in performing those 
2.2 	functions is subject to the same requirements under chapter 13 as the corporation under 
2.3 	this subdivision. However, this section does not create a duty on the part of the contracting 
2.4 	entity to provide access to public data to the public if the public data are available from 
2.5 	the corporation, except as required by the terms of the contract. Any entity contracting to 
2.6 	perform functions of the corporation may classify data as competitive data as defined in 
2.7 	paragraph (b).
2.8 	(d) Notwithstanding section 13.384, the corporation, a nonprofit corporation 
2.9 	providing physician services to the corporation and participating in an electronic exchange 
2.10 	of health records, and other participants in the exchange may share medical data for 
2.11 	purposes of treatment, payment, or health care operations. The nonprofit corporation and 
2.12 	other participants in the electronic exchange are considered to be related health care 
2.13 	entities for purposes of section 144.293, subdivision 5, clause (2), and are not outside of 
2.14 	the corporation's facility for purposes of section 144.651, subdivision 16.