Bill Text: MN HF2116 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Patient health records copy fee prohibition provision removed, hospital safety survey information public report required, Department of Health's economics program transferred to the Department of Commerce, commissioner of health required to study possible effects of allowing for-profit HMOs to operate in the state, and patient health information release requirements modified.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-16 - Motion to recall and re-refer to Health and Human Services Finance [HF2116 Detail]
Download: Minnesota-2011-HF2116-Introduced.html
1.2relating to health; removing a provision that prohibited providers from charging
1.3certain patients a fee for producing requested copies of the patient's health
1.4record; requiring hospitals to publicly report certain information through the
1.5Leapfrog Group; transferring the Department of Health's health economics
1.6program to the Department of Commerce; requiring the commissioner of health
1.7to study possible effects of allowing for-profit HMOs to operate in the state;
1.8modifying requirements for release of patient health information;amending
1.9Minnesota Statutes 2010, sections 144.292, subdivision 6; 144.293, subdivision
1.102; proposing coding for new law in Minnesota Statutes, chapter 144.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 144.292, subdivision 6, is amended to read:
1.13 Subd. 6. Cost. (a) When a patient requests a copy of the patient's record for
1.14purposes of reviewing current medical care, the provider must not charge a fee.
1.15 (b) When a provider or its representative makes copies of patient records upon a
1.16patient's request under this section, the provider or its representative may charge the
1.17patient or the patient's representative no more than 75 cents per page, plus $10 for time
1.18spent retrieving and copying the records, unless other law or a rule or contract provide for
1.19a lower maximum charge. This limitation does not apply to x-rays. The provider may
1.20charge a patient no more than the actual cost of reproducing x-rays, plus no more than
1.21$10 for the time spent retrieving and copying the x-rays.
1.22 (c) The respective maximum charges of 75 cents per page and $10 for time provided
1.23in this subdivision are in effect for calendar year 1992 and may be adjusted annually each
1.24calendar year as provided in this subdivision. The permissible maximum charges shall
1.25change each year by an amount that reflects the change, as compared to the previous year,
1.26in the Consumer Price Index for all Urban Consumers, Minneapolis-St. Paul (CPI-U),
1.27published by the Department of Labor.
2.1(d) A provider or its representative must not charge a fee to provide copies of records
2.2requested by a patient or the patient's authorized representative if the request for copies
2.3of records is for purposes of appealing a denial of Social Security disability income or
2.4Social Security disability benefits under title II or title XVI of the Social Security Act. For
2.5the purpose of further appeals, a patient may receive no more than two medical record
2.6updates without charge, but only for medical record information previously not provided.
2.7For purposes of this paragraph, a patient's authorized representative does not include units
2.8of state government engaged in the adjudication of Social Security disability claims.
2.9 Sec. 2. Minnesota Statutes 2010, section 144.293, subdivision 2, is amended to read:
2.10 Subd. 2. Patient consent to release of records. A provider, or a person who
2.11receives health records from a provider, may not release a patient's health records to a
2.12person without:
2.13 (1) a signed and dated consent from the patient or the patient's legally authorized
2.14representative authorizing the release;
2.15 (2) specific authorization in law; or
2.16 (3) in the case of a medical emergency, a representation from a provider that holds a
2.17signed and dated consent from the patient authorizing the release.
2.18 Sec. 3. [144.586] PATIENT SAFETY SURVEY.
2.19Hospitals licensed under section 144.55 must submit necessary information to the
2.20Leapfrog Group patient safety survey on an annual basis in order to publicly report patient
2.21safety information and track the progress of each hospital to improve quality, safety,
2.22and efficiency of care delivery.
2.23 Sec. 4. TRANSFER OF HEALTH ECONOMICS PROGRAM.
2.24 Subdivision 1. Transfer. The duties and activities of the health economics program
2.25at the Minnesota Department of Health conducted pursuant to Minnesota Statutes, chapter
2.2662J, are transferred to the commissioner of commerce.
2.27 Subd. 2. Effect of transfer. Minnesota Statutes, section 15.039, applies to the
2.28transfer required in subdivision 1.
2.29 Subd. 3. Commissioner of commerce. During the 2013 legislative session, the
2.30commissioner of commerce, in consultation with the revisor of statutes, shall submit to
2.31the legislature a bill making all statutory changes required by the reorganization under
2.32subdivision 1.
3.1 Subd. 4. Effective date. The transfer required in subdivision 1 is effective July
3.21, 2012.
3.3 Sec. 5. STUDY OF FOR-PROFIT HEALTH MAINTENANCE
3.4ORGANIZATIONS.
3.5The commissioner of health shall contract with an entity with expertise in health
3.6economics and health care delivery and quality to study the efficiency, costs, service
3.7quality, and enrollee satisfaction of for-profit health maintenance organizations, relative to
3.8not-for-profit health maintenance organizations operating in Minnesota and other states.
3.9The study findings must address whether the state could: (1) reduce medical assistance
3.10and MinnesotaCare costs and costs of providing coverage to state employees; and (2)
3.11maintain or improve the quality of care provided to state health care program enrollees and
3.12state employees if for-profit health maintenance organizations were allowed to operate in
3.13the state. The commissioner shall require the entity under contract to report study findings
3.14to the commissioner and the legislature by January 15, 2013.
1.3certain patients a fee for producing requested copies of the patient's health
1.4record; requiring hospitals to publicly report certain information through the
1.5Leapfrog Group; transferring the Department of Health's health economics
1.6program to the Department of Commerce; requiring the commissioner of health
1.7to study possible effects of allowing for-profit HMOs to operate in the state;
1.8modifying requirements for release of patient health information;amending
1.9Minnesota Statutes 2010, sections 144.292, subdivision 6; 144.293, subdivision
1.102; proposing coding for new law in Minnesota Statutes, chapter 144.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 144.292, subdivision 6, is amended to read:
1.13 Subd. 6. Cost. (a) When a patient requests a copy of the patient's record for
1.14purposes of reviewing current medical care, the provider must not charge a fee.
1.15 (b) When a provider or its representative makes copies of patient records upon a
1.16patient's request under this section, the provider or its representative may charge the
1.17patient or the patient's representative no more than 75 cents per page, plus $10 for time
1.18spent retrieving and copying the records, unless other law or a rule or contract provide for
1.19a lower maximum charge. This limitation does not apply to x-rays. The provider may
1.20charge a patient no more than the actual cost of reproducing x-rays, plus no more than
1.21$10 for the time spent retrieving and copying the x-rays.
1.22 (c) The respective maximum charges of 75 cents per page and $10 for time provided
1.23in this subdivision are in effect for calendar year 1992 and may be adjusted annually each
1.24calendar year as provided in this subdivision. The permissible maximum charges shall
1.25change each year by an amount that reflects the change, as compared to the previous year,
1.26in the Consumer Price Index for all Urban Consumers, Minneapolis-St. Paul (CPI-U),
1.27published by the Department of Labor.
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2.9 Sec. 2. Minnesota Statutes 2010, section 144.293, subdivision 2, is amended to read:
2.10 Subd. 2. Patient consent to release of records. A provider, or a person who
2.11receives health records from a provider, may not release a patient's health records to a
2.12person without:
2.13 (1) a signed and dated consent from the patient or the patient's legally authorized
2.14representative authorizing the release;
2.15 (2) specific authorization in law; or
2.16 (3) in the case of a medical emergency, a representation from a provider that holds a
2.17signed and dated consent from the patient authorizing the release.
2.18 Sec. 3. [144.586] PATIENT SAFETY SURVEY.
2.19Hospitals licensed under section 144.55 must submit necessary information to the
2.20Leapfrog Group patient safety survey on an annual basis in order to publicly report patient
2.21safety information and track the progress of each hospital to improve quality, safety,
2.22and efficiency of care delivery.
2.23 Sec. 4. TRANSFER OF HEALTH ECONOMICS PROGRAM.
2.24 Subdivision 1. Transfer. The duties and activities of the health economics program
2.25at the Minnesota Department of Health conducted pursuant to Minnesota Statutes, chapter
2.2662J, are transferred to the commissioner of commerce.
2.27 Subd. 2. Effect of transfer. Minnesota Statutes, section 15.039, applies to the
2.28transfer required in subdivision 1.
2.29 Subd. 3. Commissioner of commerce. During the 2013 legislative session, the
2.30commissioner of commerce, in consultation with the revisor of statutes, shall submit to
2.31the legislature a bill making all statutory changes required by the reorganization under
2.32subdivision 1.
3.1 Subd. 4. Effective date. The transfer required in subdivision 1 is effective July
3.21, 2012.
3.3 Sec. 5. STUDY OF FOR-PROFIT HEALTH MAINTENANCE
3.4ORGANIZATIONS.
3.5The commissioner of health shall contract with an entity with expertise in health
3.6economics and health care delivery and quality to study the efficiency, costs, service
3.7quality, and enrollee satisfaction of for-profit health maintenance organizations, relative to
3.8not-for-profit health maintenance organizations operating in Minnesota and other states.
3.9The study findings must address whether the state could: (1) reduce medical assistance
3.10and MinnesotaCare costs and costs of providing coverage to state employees; and (2)
3.11maintain or improve the quality of care provided to state health care program enrollees and
3.12state employees if for-profit health maintenance organizations were allowed to operate in
3.13the state. The commissioner shall require the entity under contract to report study findings
3.14to the commissioner and the legislature by January 15, 2013.
