Bill Text: MN HF1894 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Patient consent required for encounter data reporting.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2012-02-08 - Author added Scott [HF1894 Detail]
Download: Minnesota-2011-HF1894-Introduced.html
1.2relating to health; requiring patient consent for certain encounter data reporting;
1.3amending Minnesota Statutes 2010, section 62U.04, subdivision 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 62U.04, subdivision 4, is amended to read:
1.6 Subd. 4. Encounter data. (a) Beginning July 1, 2009, and every six months
1.7thereafter, all health plan companies and third-party administrators shall submit encounter
1.8data to a private entity designated by the commissioner of health. The data shall be
1.9submitted in a form and manner specified by the commissioner subject to the following
1.10requirements:
1.11 (1) the data must be de-identified data as described under the Code of Federal
1.12Regulations, title 45, section164.514 ;
1.13 (2) the data for each encounter must include an identifier for the patient's health care
1.14home if the patient has selected a health care home; and
1.15 (3) except for the identifier described in clause (2), the data must not include
1.16information that is not included in a health care claim or equivalent encounter information
1.17transaction that is required under section62J.536 .
1.18 (b) The commissioner or the commissioner's designee shall only use the data
1.19submitted under paragraph (a) for the purpose of carrying out its responsibilities in this
1.20section, and must maintain the data that it receives according to the provisions of this
1.21section.
1.22 (c) Data on providers collected under this subdivision are private data on individuals
1.23or nonpublic data, as defined in section13.02 . Notwithstanding the definition of summary
1.24data in section13.02, subdivision 19 , summary data prepared under this subdivision
2.1may be derived from nonpublic data. The commissioner or the commissioner's designee
2.2shall establish procedures and safeguards to protect the integrity and confidentiality of
2.3any data that it maintains.
2.4 (d) The commissioner or the commissioner's designee shall not publish analyses or
2.5reports that identify, or could potentially identify, individual patients.
2.6(e) Notwithstanding paragraph (a) or Minnesota Rules, chapter 4653, no health plan
2.7company or third-party administrator shall submit encounter data to the data processor, as
2.8defined in Minnesota Rules, part 4653.0100, without first obtaining the express written
2.9consent of the individual patient, or the parent or guardian in the case of a minor child.
2.10(f) By July 1, 2012, the commissioner must provide a method by which individual
2.11patients may elect to remove from the vendor's database any of their individual encounter
2.12data already collected and stored by the data processor, as defined in Minnesota Rules,
2.13part 4653.0100.
1.3amending Minnesota Statutes 2010, section 62U.04, subdivision 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 62U.04, subdivision 4, is amended to read:
1.6 Subd. 4. Encounter data. (a) Beginning July 1, 2009, and every six months
1.7thereafter, all health plan companies and third-party administrators shall submit encounter
1.8data to a private entity designated by the commissioner of health. The data shall be
1.9submitted in a form and manner specified by the commissioner subject to the following
1.10requirements:
1.11 (1) the data must be de-identified data as described under the Code of Federal
1.12Regulations, title 45, section
1.13 (2) the data for each encounter must include an identifier for the patient's health care
1.14home if the patient has selected a health care home; and
1.15 (3) except for the identifier described in clause (2), the data must not include
1.16information that is not included in a health care claim or equivalent encounter information
1.17transaction that is required under section
1.18 (b) The commissioner or the commissioner's designee shall only use the data
1.19submitted under paragraph (a) for the purpose of carrying out its responsibilities in this
1.20section, and must maintain the data that it receives according to the provisions of this
1.21section.
1.22 (c) Data on providers collected under this subdivision are private data on individuals
1.23or nonpublic data, as defined in section
1.24data in section
2.1may be derived from nonpublic data. The commissioner or the commissioner's designee
2.2shall establish procedures and safeguards to protect the integrity and confidentiality of
2.3any data that it maintains.
2.4 (d) The commissioner or the commissioner's designee shall not publish analyses or
2.5reports that identify, or could potentially identify, individual patients.
2.6(e) Notwithstanding paragraph (a) or Minnesota Rules, chapter 4653, no health plan
2.7company or third-party administrator shall submit encounter data to the data processor, as
2.8defined in Minnesota Rules, part 4653.0100, without first obtaining the express written
2.9consent of the individual patient, or the parent or guardian in the case of a minor child.
2.10(f) By July 1, 2012, the commissioner must provide a method by which individual
2.11patients may elect to remove from the vendor's database any of their individual encounter
2.12data already collected and stored by the data processor, as defined in Minnesota Rules,
2.13part 4653.0100.
