Bill Text: MN HF1557 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Health records release provisions modified.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2011-04-26 - Introduction and first reading, referred to Health and Human Services Reform [HF1557 Detail]
Download: Minnesota-2011-HF1557-Introduced.html
1.2relating to health; modifying provisions related to release of health records;
1.3amending Minnesota Statutes 2010, section 144.293, subdivisions 2, 8, 9;
1.4repealing Minnesota Statutes 2010, section 144.293, subdivision 10.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 144.293, subdivision 2, is amended to read:
1.7 Subd. 2. Patient consent to release of records. A provider, or a person who
1.8receives health records from a provider, may not release a patient's health records to a
1.9person without:
1.10 (1) a signed and dated consent from the patient or the patient's legally authorized
1.11representative authorizing the release; or
1.12 (2) specific authorization in law; or
1.13(3) a representation from a provider that holds a signed and dated consent from the
1.14patient authorizing the release.
1.15 Sec. 2. Minnesota Statutes 2010, section 144.293, subdivision 8, is amended to read:
1.16 Subd. 8. Record locator service. (a) A provider or group purchaser may release
1.17patient identifying information and information about the location of the patient's health
1.18records to a record locator servicewithout with informed written consent from the patient,
1.19unless the patient has elected to be excluded from the service under paragraph (d). The
1.20Department of Health may not access the record locator service or receive data from the
1.21record locator service. Only a provider may have access to patient identifying information
1.22in a record locator service. Except in the case of a medical emergency, a provider
1.23participating in a health information exchange using a record locator service does not have
2.1access to patient identifying information and information about the location of the patient's
2.2health records unless the patient specificallyconsents to provides written informed consent
2.3for the access. A consent does not expire but may be revoked by the patient at any time by
2.4providing written notice of the revocation to the provider.
2.5 (b) A health information exchange maintaining a record locator service must
2.6maintain an audit log of providers accessing information in a record locator service that
2.7at least contains information on:
2.8 (1) the identity of the provider accessing the information;
2.9 (2) the identity of the patient whose information was accessed by the provider; and
2.10 (3) the date the information was accessed.
2.11 (c) No group purchaser may in any way require a provider to participate in a record
2.12locator service as a condition of payment or participation.
2.13(d) A provider or an entity operating a record locator service must provide
2.14a mechanism under which patients may exclude their identifying information and
2.15information about the location of their health records from a record locator service. At
2.16a minimum, a consent form that permits a provider to access a record locator service
2.17must include a conspicuous check-box option that allows a patient to exclude all of the
2.18patient's information from the record locator service. A provider participating in a health
2.19information exchange with a record locator service who receives a patient's request to
2.20exclude all of the patient's information from the record locator service or to have a specific
2.21provider contact excluded from the record locator service is responsible for removing that
2.22information from the record locator service.
2.23 Sec. 3. Minnesota Statutes 2010, section 144.293, subdivision 9, is amended to read:
2.24 Subd. 9. Documentation of release.(a) In cases where a provider releases health
2.25records without patient consent as authorized by law, the release must be documented in
2.26the patient's health record. In the case of a release under section144.294, subdivision 2 , the
2.27documentation must include the date and circumstances under which the release was made,
2.28the person or agency to whom the release was made, and the records that were released.
2.29(b) When a health record is released using a representation from a provider that
2.30holds a consent from the patient, the releasing provider shall document:
2.31(1) the provider requesting the health records;
2.32(2) the identity of the patient;
2.33(3) the health records requested; and
2.34(4) the date the health records were requested.
3.1 Sec. 4. REPEALER.
3.2Minnesota Statutes 2010, section 144.293, subdivision 10, is repealed.
1.3amending Minnesota Statutes 2010, section 144.293, subdivisions 2, 8, 9;
1.4repealing Minnesota Statutes 2010, section 144.293, subdivision 10.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 144.293, subdivision 2, is amended to read:
1.7 Subd. 2. Patient consent to release of records. A provider, or a person who
1.8receives health records from a provider, may not release a patient's health records to a
1.9person without:
1.10 (1) a signed and dated consent from the patient or the patient's legally authorized
1.11representative authorizing the release; or
1.12 (2) specific authorization in law
1.13
1.14
1.15 Sec. 2. Minnesota Statutes 2010, section 144.293, subdivision 8, is amended to read:
1.16 Subd. 8. Record locator service. (a) A provider or group purchaser may release
1.17patient identifying information and information about the location of the patient's health
1.18records to a record locator service
1.19unless the patient has elected to be excluded from the service under paragraph (d). The
1.20Department of Health may not access the record locator service or receive data from the
1.21record locator service. Only a provider may have access to patient identifying information
1.22in a record locator service. Except in the case of a medical emergency, a provider
1.23participating in a health information exchange using a record locator service does not have
2.1access to patient identifying information and information about the location of the patient's
2.2health records unless the patient specifically
2.3for the access. A consent does not expire but may be revoked by the patient at any time by
2.4providing written notice of the revocation to the provider.
2.5 (b) A health information exchange maintaining a record locator service must
2.6maintain an audit log of providers accessing information in a record locator service that
2.7at least contains information on:
2.8 (1) the identity of the provider accessing the information;
2.9 (2) the identity of the patient whose information was accessed by the provider; and
2.10 (3) the date the information was accessed.
2.11 (c) No group purchaser may in any way require a provider to participate in a record
2.12locator service as a condition of payment or participation.
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23 Sec. 3. Minnesota Statutes 2010, section 144.293, subdivision 9, is amended to read:
2.24 Subd. 9. Documentation of release.
2.25records without patient consent as authorized by law, the release must be documented in
2.26the patient's health record. In the case of a release under section
2.27documentation must include the date and circumstances under which the release was made,
2.28the person or agency to whom the release was made, and the records that were released.
2.29
2.30
2.31
2.32
2.33
2.34
3.1 Sec. 4. REPEALER.
3.2Minnesota Statutes 2010, section 144.293, subdivision 10, is repealed.
