Bill Text: MN SF2324 | 2013-2014 | 88th Legislature | Introduced
Bill Title: MNsure data-sharing agreements modification
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-03-06 - Referred to Health, Human Services and Housing [SF2324 Detail]
Download: Minnesota-2013-SF2324-Introduced.html
1.2relating to health insurance; modifying MNsure data-sharing agreements;
1.3amending Minnesota Statutes 2013 Supplement, section 62V.06, subdivision 5.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2013 Supplement, section 62V.06, subdivision 5, is
1.6amended to read:
1.7 Subd. 5. Data sharing. (a) MNsure may share or disseminate data classified as
1.8private or nonpublic in subdivision 3 as follows:
1.9(1) to the subject of the data, as provided in section13.04 ;
1.10 (2) according to a court order;
1.11 (3) according to a state or federal law specifically authorizing access to the data;
1.12(4) with other state or federal agencies, only to the extent necessary to verify the
1.13identity of, determine the eligibility of, process premiums for, process enrollment of, or
1.14investigate fraud related to an individual, employer, or employee participating in MNsure,
1.15provided that MNsure must enter into a data-sharing agreement with the agency prior to
1.16sharing data under this clause; and
1.17(5) with a nongovernmental person or entity, only to the extent necessary to verify
1.18the identity of, determine the eligibility of, process premiums for, process enrollment of, or
1.19investigate fraud related to an individual, employer, or employee participating in MNsure,
1.20provided that MNsure must enter into a contract with the person or entity, as provided in
1.21section13.05, subdivision 6 or 11, prior to disseminating data under this clause.
1.22 (b) MNsure may share or disseminate data classified as private or nonpublic in
1.23subdivision 4 as follows:
1.24 (1) to the subject of the data, as provided in section13.04 ;
2.1 (2) according to a court order;
2.2 (3) according to a state or federal law specifically authorizing access to the data;
2.3 (4) with other state or federal agencies, only to the extent necessary to carry out the
2.4functions of MNsure, provided that MNsure must enter into a data-sharing agreement with
2.5the agency prior to sharing data under this clause; and
2.6 (5) with a nongovernmental person or entity, only to the extent necessary to carry
2.7out the functions of MNsure, provided that MNsure must enter a contract with the person
2.8or entity, as provided in section13.05, subdivision 6 or 11, prior to disseminating data
2.9under this clause.
2.10(c) Sharing or disseminating data outside of MNsure in a manner not authorized by
2.11this subdivision is prohibited. Data-sharing agreements required under this subdivision
2.12must provide that the law of this state controls the treatment of the data to the extent that it
2.13is more protective of the rights and privacy of data subjects than the law of the other state
2.14or federal agency to which the data are disseminated. The list of authorized dissemination
2.15and sharing contained in this subdivision must be included in the Tennessen warning
2.16required by section13.04, subdivision 2 .
2.17 (d) Until July 1, 2014, state agencies must share data classified as private or
2.18nonpublic on individuals, employees, or employers participating in MNsure with MNsure,
2.19only to the extent such data are necessary to verify the identity of, determine the eligibility
2.20of, process premiums for, process enrollment of, or investigate fraud related to a MNsure
2.21participant. The agency must enter into a data-sharing agreement with MNsure prior
2.22to sharing any data under this paragraph.
1.3amending Minnesota Statutes 2013 Supplement, section 62V.06, subdivision 5.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2013 Supplement, section 62V.06, subdivision 5, is
1.6amended to read:
1.7 Subd. 5. Data sharing. (a) MNsure may share or disseminate data classified as
1.8private or nonpublic in subdivision 3 as follows:
1.9(1) to the subject of the data, as provided in section
1.10 (2) according to a court order;
1.11 (3) according to a state or federal law specifically authorizing access to the data;
1.12(4) with other state or federal agencies, only to the extent necessary to verify the
1.13identity of, determine the eligibility of, process premiums for, process enrollment of, or
1.14investigate fraud related to an individual, employer, or employee participating in MNsure,
1.15provided that MNsure must enter into a data-sharing agreement with the agency prior to
1.16sharing data under this clause; and
1.17(5) with a nongovernmental person or entity, only to the extent necessary to verify
1.18the identity of, determine the eligibility of, process premiums for, process enrollment of, or
1.19investigate fraud related to an individual, employer, or employee participating in MNsure,
1.20provided that MNsure must enter into a contract with the person or entity, as provided in
1.21section
1.22 (b) MNsure may share or disseminate data classified as private or nonpublic in
1.23subdivision 4 as follows:
1.24 (1) to the subject of the data, as provided in section
2.1 (2) according to a court order;
2.2 (3) according to a state or federal law specifically authorizing access to the data;
2.3 (4) with other state or federal agencies, only to the extent necessary to carry out the
2.4functions of MNsure, provided that MNsure must enter into a data-sharing agreement with
2.5the agency prior to sharing data under this clause; and
2.6 (5) with a nongovernmental person or entity, only to the extent necessary to carry
2.7out the functions of MNsure, provided that MNsure must enter a contract with the person
2.8or entity, as provided in section
2.9under this clause.
2.10(c) Sharing or disseminating data outside of MNsure in a manner not authorized by
2.11this subdivision is prohibited. Data-sharing agreements required under this subdivision
2.12must provide that the law of this state controls the treatment of the data to the extent that it
2.13is more protective of the rights and privacy of data subjects than the law of the other state
2.14or federal agency to which the data are disseminated. The list of authorized dissemination
2.15and sharing contained in this subdivision must be included in the Tennessen warning
2.16required by section
2.17 (d) Until July 1, 2014, state agencies must share data classified as private or
2.18nonpublic on individuals, employees, or employers participating in MNsure with MNsure,
2.19only to the extent such data are necessary to verify the identity of, determine the eligibility
2.20of, process premiums for, process enrollment of, or investigate fraud related to a MNsure
2.21participant. The agency must enter into a data-sharing agreement with MNsure prior
2.22to sharing any data under this paragraph.
