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Minnesota Legislature

Office of the Revisor of Statutes

9505.2197 VENDOR'S RESPONSIBILITY FOR ELECTRONIC RECORDS.

A vendor's use of electronic record keeping or electronic signatures shall meet the following requirements:

A.

use of electronic record keeping or electronic signatures does not alter the vendor's obligations under state or federal law, regulation, or rule;

B.

the vendor is responsible for all claims submitted by the vendor or the vendor's designee to the department regardless of the format in which the health service or financial record is maintained;

C.

the vendor must ensure that the use of electronic record keeping does not limit the commissioner's access to records;

D.

upon request, the vendor shall help department staff to access and copy all records, including encrypted records and electronic signatures; and

E.

the vendor must establish a mechanism or procedure to ensure that:

(1)

the act of creating the electronic record or signature is attributable to the vendor, according to Minnesota Statutes, section 325L.09;

(2)

the electronic records and signatures are maintained in a form capable of being retained and accurately reproduced;

(3)

the department has access to information that establishes the date and time that data and signatures were entered into the electronic record; and

(4)

the vendor's use of electronic record keeping or electronic signatures does not compromise the security of the records.

Statutory Authority:

MS s 256B.04

History:

33 SR 127

Published Electronically:

August 12, 2008