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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

144.292 PATIENT RIGHTS.
    Subdivision 1. Scope. Patients have the rights specified in this section regarding the
treatment the patient receives and the patient's health record.
    Subd. 2. Patient access. Upon request, a provider shall supply to a patient complete and
current information possessed by that provider concerning any diagnosis, treatment, and prognosis
of the patient in terms and language the patient can reasonably be expected to understand.
    Subd. 3. Additional patient rights. A patient's right specified in this section and sections
144.293 to 144.298 are in addition to the rights specified in sections 144.651 and 144.652 and any
other provision of law relating to the access of a patient to the patient's health records.
    Subd. 4. Notice of rights; information on release. A provider shall provide to patients, in a
clear and conspicuous manner, a written notice concerning practices and rights with respect to
access to health records. The notice must include an explanation of:
    (1) disclosures of health records that may be made without the written consent of the patient,
including the type of records and to whom the records may be disclosed; and
    (2) the right of the patient to have access to and obtain copies of the patient's health records
and other information about the patient that is maintained by the provider.
    The notice requirements of this subdivision are satisfied if the notice is included with the
notice and copy of the patient and resident bill of rights under section 144.652 or if it is displayed
prominently in the provider's place of business. The commissioner of health shall develop the
notice required in this subdivision and publish it in the State Register.
    Subd. 5. Copies of health records to patients. Except as provided in section 144.296,
upon a patient's written request, a provider, at a reasonable cost to the patient, shall promptly
furnish to the patient:
    (1) copies of the patient's health record, including but not limited to laboratory reports, x-rays,
prescriptions, and other technical information used in assessing the patient's health conditions; or
    (2) the pertinent portion of the record relating to a condition specified by the patient.
    With the consent of the patient, the provider may instead furnish only a summary of the
record. The provider may exclude from the health record written speculations about the patient's
health condition, except that all information necessary for the patient's informed consent must be
provided.
    Subd. 6. Cost. (a) When a patient requests a copy of the patient's record for purposes of
reviewing current medical care, the provider must not charge a fee.
    (b) When a provider or its representative makes copies of patient records upon a patient's
request under this section, the provider or its representative may charge the patient or the patient's
representative no more than 75 cents per page, plus $10 for time spent retrieving and copying
the records, unless other law or a rule or contract provide for a lower maximum charge. This
limitation does not apply to x-rays. The provider may charge a patient no more than the actual cost
of reproducing x-rays, plus no more than $10 for the time spent retrieving and copying the x-rays.
    (c) The respective maximum charges of 75 cents per page and $10 for time provided in this
subdivision are in effect for calendar year 1992 and may be adjusted annually each calendar year
as provided in this subdivision. The permissible maximum charges shall change each year by an
amount that reflects the change, as compared to the previous year, in the Consumer Price Index
for all Urban Consumers, Minneapolis-St. Paul (CPI-U), published by the Department of Labor.
    (d) A provider or its representative must not charge a fee to provide copies of records
requested by a patient or the patient's authorized representative if the request for copies of records
is for purposes of appealing a denial of Social Security disability income or Social Security
disability benefits under title II or title XVI of the Social Security Act. For the purpose of further
appeals, a patient may receive no more than two medical record updates without charge, but
only for medical record information previously not provided. For purposes of this paragraph, a
patient's authorized representative does not include units of state government engaged in the
adjudication of Social Security disability claims.
    Subd. 7. Withholding health records from patient. (a) If a provider, as defined in section
144.291, subdivision 2, paragraph (h), clause (1), reasonably determines that the information is
detrimental to the physical or mental health of the patient, or is likely to cause the patient to inflict
self harm, or to harm another, the provider may withhold the information from the patient and
may supply the information to an appropriate third party or to another provider, as defined in
section 144.291, subdivision 2, paragraph (h), clause (1). The other provider or third party may
release the information to the patient.
    (b) A provider, as defined in section 144.291, subdivision 2, paragraph (h), clause (3), shall
release information upon written request unless, prior to the request, a provider, as defined in
section 144.291, subdivision 2, paragraph (h), clause (1), has designated and described a specific
basis for withholding the information as authorized by paragraph (a).
    Subd. 8. Form. By January 1, 2008, the Department of Health must develop a form that may
be used by a patient to request access to health records under this section. A form developed by the
commissioner must be accepted by a provider as a legally enforceable request under this section.
History: 2007 c 147 art 10 s 3

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