Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 440-S.F.No. 2410
An act relating to privacy; providing for the
classification of and access to government data;
indexing statutes that restrict data access and are
located outside chapter 13; defining criminal justice
agency; making parking space leasing data private;
making directory information on persons subject to
civil commitment private after their release;
authorizing disclosure of certain personnel data to
government entities for protection purposes;
authorizing the release and disclosure of certain data
to the department of children, families, and learning
and the commissioner of health; classifying pawnshop
data; modifying the requirements for health care
provider identification numbers; authorizing
disclosure of birth registration data on unwed mothers
to county social services; establishing procedures for
disclosing certain nonpublic data related to group
purchasers; requiring the office of mental health
practice to establish procedures for the exchange of
information; authorizing release of health records for
research purposes under certain conditions; providing
that no fee or surcharge may be imposed for requests
for public information concerning motor vehicle
registration under certain circumstances; expanding
juvenile court reporting requirements to include all
felony and gross misdemeanor offenses; classifying
data that identifies members of the criminal alert
network; requiring the bureau of criminal apprehension
to maintain the computerized juvenile criminal history
record system; amending Minnesota Statutes 1994,
sections 13.02, by adding a subdivision; 13.03,
subdivision 4; 13.32, subdivisions 3 and 5; 13.37,
subdivisions 1 and 2; 13.40, subdivision 2; 13.42,
subdivisions 1 and 2; 13.43, by adding subdivisions;
13.82, subdivision 13, and by adding a subdivision;
13.99, subdivision 19c, and by adding subdivisions;
62J.51, by adding subdivisions; 62J.56, subdivision 2;
62J.60, subdivisions 2 and 3; 144.225, subdivision 2,
and by adding a subdivision; 145.64, by adding a
subdivision; 148B.66, by adding a subdivision;
150A.081; 168.345, subdivision 3, and by adding a
subdivision; 168.346; 171.12, subdivision 7, and by
adding a subdivision; 260.161, subdivisions 1 and 1a;
299C.095; and 299C.46, subdivision 2; Minnesota
Statutes 1995 Supplement, sections 13.43, subdivision
2; 13.46, subdivision 2; 13.99, subdivision 38b;
62J.451, subdivisions 7, 9, and 12; 62J.54,
subdivisions 1, 2, and 3; 62J.58; 62Q.03, subdivision
9; 144.335, subdivision 3a; 268.12, subdivision 12;
299A.61; and 299C.10, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapter 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1994, section 13.02, is
amended by adding a subdivision to read:
Subd. 3a. [CRIMINAL JUSTICE AGENCIES.] "Criminal justice
agencies" means all state and local prosecution authorities, all
state and local law enforcement agencies, the sentencing
guidelines commission, the bureau of criminal apprehension, the
department of corrections, and all probation officers who are
not part of the judiciary.
Sec. 2. Minnesota Statutes 1994, section 13.03,
subdivision 4, is amended to read:
Subd. 4. [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF
DISSEMINATION AMONG AGENCIES.] (a) The classification of data in
the possession of an agency shall change if it is required to do
so to comply with either judicial or administrative rules
pertaining to the conduct of legal actions or with a specific
statute applicable to the data in the possession of the
disseminating or receiving agency.
(b) If data on individuals is classified as both private
and confidential by this chapter, or any other statute or
federal law, the data is private.
(c) To the extent that government data is disseminated to
state agencies, political subdivisions, or statewide systems by
another state agency, political subdivision, or statewide
system, the data disseminated shall have the same classification
in the hands of the agency receiving it as it had in the hands
of the entity providing it.
(d) If a state agency, statewide system, or political
subdivision disseminates data to another state agency, statewide
system, or political subdivision, a classification provided for
by law in the hands of the entity receiving the data does not
affect the classification of the data in the hands of the entity
that disseminates the data.
Sec. 3. Minnesota Statutes 1994, section 13.32,
subdivision 3, is amended to read:
Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.]
Except as provided in subdivision 5, educational data is private
data on individuals and shall not be disclosed except as follows:
(a) Pursuant to section 13.05;
(b) Pursuant to a valid court order;
(c) Pursuant to a statute specifically authorizing access
to the private data;
(d) To disclose information in health and safety
emergencies pursuant to the provisions of United States Code,
title 20, section 1232g(b)(1)(I) and Code of Federal
Regulations, title 34, section 99.36 which are in effect on July
1, 1993;
(e) Pursuant to the provisions of United States Code, title
20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
(b)(3) and Code of Federal Regulations, title 34, sections
99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on
July 1, 1993;
(f) To appropriate health authorities to the extent
necessary to administer immunization programs and for bona fide
epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to
individuals in the public educational agency or institution in
which the investigation is being conducted;
(g) When disclosure is required for institutions that
participate in a program under title IV of the Higher Education
Act, United States Code, title 20, chapter 1092, in effect on
July 1, 1993; or
(h) To the appropriate school district officials to the
extent necessary under subdivision 6, annually to indicate the
extent and content of remedial instruction, including the
results of assessment testing and academic performance at a
post-secondary institution during the previous academic year by
a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction; or
(i) To volunteers who are determined to have a legitimate
educational interest in the data and who are conducting
activities and events sponsored by or endorsed by the
educational agency or institution for students or former
students.
Sec. 4. Minnesota Statutes 1994, section 13.32,
subdivision 5, is amended to read:
Subd. 5. [DIRECTORY INFORMATION.] Information designated
as directory information pursuant to the provisions of United
States Code, title 20, section 1232g and Code of Federal
Regulations, title 34, section 99.37 which are in effect on July
1, 1993, is public data on individuals. When conducting the
directory information designation and notice process required by
federal law, an educational agency or institution shall give
parents and students notice of the right to refuse to let the
agency or institution designate any or all data about the
student as directory information. This notice may be given by
any means reasonably likely to inform the parents and students
of the right.
Sec. 5. Minnesota Statutes 1994, section 13.37,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them.
(a) "Security information" means government data the
disclosure of which would be likely to substantially jeopardize
the security of information, possessions, individuals or
property against theft, tampering, improper use, attempted
escape, illegal disclosure, trespass, or physical injury.
"Security information" includes crime prevention block maps and
lists of volunteers who participate in community crime
prevention programs and their home addresses and telephone
numbers.
(b) "Trade secret information" means government data,
including a formula, pattern, compilation, program, device,
method, technique or process (1) that was supplied by the
affected individual or organization, (2) that is the subject of
efforts by the individual or organization that are reasonable
under the circumstances to maintain its secrecy, and (3) that
derives independent economic value, actual or potential, from
not being generally known to, and not being readily
ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use.
(c) "Labor relations information" means management
positions on economic and noneconomic items that have not been
presented during the collective bargaining process or interest
arbitration, including information specifically collected or
created to prepare the management position.
(d) "Parking space leasing data" means the following
government data on an applicant for, or lessee of, a parking
space: residence address, home telephone number, beginning and
ending work hours, place of employment, and work telephone
number.
Sec. 6. Minnesota Statutes 1994, section 13.37,
subdivision 2, is amended to read:
Subd. 2. [CLASSIFICATION.] The following government data
is classified as nonpublic data with regard to data not on
individuals, pursuant to section 13.02, subdivision 9, and as
private data with regard to data on individuals, pursuant to
section 13.02, subdivision 12: Security information; trade
secret information; sealed absentee ballots prior to opening by
an election judge; sealed bids, including the number of bids
received, prior to the opening of the bids; parking space
leasing data; and labor relations information, provided that
specific labor relations information which relates to a specific
labor organization is classified as protected nonpublic data
pursuant to section 13.02, subdivision 13.
Sec. 7. Minnesota Statutes 1994, section 13.40,
subdivision 2, is amended to read:
Subd. 2. [PRIVATE DATA; LIBRARY BORROWERS.] (a) Except as
provided in paragraph (b), the following data maintained by a
library are private data on individuals and may not be disclosed
for other than library purposes except pursuant to a court order:
(1) data that link a library patron's name with materials
requested or borrowed by the patron or that link a patron's name
with a specific subject about which the patron has requested
information or materials; or
(2) data in applications for borrower cards, other than the
name of the borrower.
(b) A library may release reserved materials to a family
member or other person who resides with a library patron and who
is picking up the material on behalf of the patron. A patron
may request that reserved materials be released only to the
patron.
Sec. 8. Minnesota Statutes 1994, section 13.42,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] As used in this section: (a)
"Directory information" means name of the patient, date
admitted, and general condition, and date released.
(b) "Medical data" means data collected because an
individual was or is a patient or client of a hospital, nursing
home, medical center, clinic, health or nursing agency operated
by a state agency or political subdivision including business
and financial records, data provided by private health care
facilities, and data provided by or about relatives of the
individual.
Sec. 9. Minnesota Statutes 1994, section 13.42,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC HOSPITALS; DIRECTORY INFORMATION.] If (a)
During the time that a person is a patient in a hospital
operated by a state agency or political subdivision pursuant to
legal commitment, directory information is public data. After
the person is released, the directory information is private
data on individuals.
(b) If a person is a patient other than pursuant to
commitment in a hospital controlled by a state agency or
political subdivision, directory information is public data
unless the patient requests otherwise, in which case it is
private data on individuals.
(c) Directory information about an emergency patient who is
unable to communicate which is public under this subdivision
shall not be released until a reasonable effort is made to
notify the next of kin. Although an individual has requested
that directory information be private, the hospital may release
directory information to a law enforcement agency pursuant to a
lawful investigation pertaining to that individual.
Sec. 10. Minnesota Statutes 1995 Supplement, section
13.43, subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] (a) Except for employees described
in subdivision 5, the following personnel data on current and
former employees, volunteers, and independent contractors of a
state agency, statewide system, or political subdivision and
members of advisory boards or commissions is public:
(1) name; actual gross salary; salary range; contract fees;
actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added
remuneration, including expense reimbursement, in addition to
salary;
(2) job title; job description; education and training
background; and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges
against the employee, regardless of whether the complaint or
charge resulted in a disciplinary action;
(5) the final disposition of any disciplinary action
together with the specific reasons for the action and data
documenting the basis of the action, excluding data that would
identify confidential sources who are employees of the public
body;
(6) the terms of any agreement settling any dispute arising
out of an employment relationship or of, including a buyout
agreement, as defined in section 123.34, subdivision 9a,
paragraph (a); except that the agreement must include specific
reasons for the agreement if it involves the payment of more
than $10,000 of public money;
(7) work location; a work telephone number; badge number;
and honors and awards received; and
(8) payroll time sheets or other comparable data that are
only used to account for employee's work time for payroll
purposes, except to the extent that release of time sheet data
would reveal the employee's reasons for the use of sick or other
medical leave or other not public data; and city and county of
residence.
(b) For purposes of this subdivision, a final disposition
occurs when the state agency, statewide system, or political
subdivision makes its final decision about the disciplinary
action, regardless of the possibility of any later proceedings
or court proceedings. In the case of arbitration proceedings
arising under collective bargaining agreements, a final
disposition occurs at the conclusion of the arbitration
proceedings, or upon the failure of the employee to elect
arbitration within the time provided by the collective
bargaining agreement. Final disposition includes a resignation
by an individual when the resignation occurs after the final
decision of the state agency, statewide system, political
subdivision, or arbitrator.
(c) The state agency, statewide system, or political
subdivision may display a photograph of a current or former
employee to a prospective witness as part of the state agency's,
statewide system's, or political subdivision's investigation of
any complaint or charge against the employee.
(d) A complainant has access to a statement provided by the
complainant to a state agency, statewide system, or political
subdivision in connection with a complaint or charge against an
employee.
(e) Notwithstanding paragraph (a), clause (5), upon
completion of an investigation of a complaint or charge against
a public official, or if a public official resigns or is
terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are
public, unless access to the data would jeopardize an active
investigation or reveal confidential sources. For purposes of
this paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant
state agency heads;
(2) members of boards or commissions required by law to be
appointed by the governor or other elective officers; and
(3) executive or administrative heads of departments,
bureaus, divisions, or institutions.
Sec. 11. Minnesota Statutes 1994, section 13.43, is
amended by adding a subdivision to read:
Subd. 10. [PROHIBITION ON AGREEMENTS LIMITING DISCLOSURE
OR DISCUSSION OF PERSONNEL DATA.] (a) A state agency, statewide
system, or political subdivision may not enter into an agreement
settling a dispute arising out of the employment relationship
with the purpose or effect of limiting access to or disclosure
of personnel data or limiting the discussion of information or
opinions related to personnel data. An agreement or portion of
an agreement that violates this paragraph is void and
unenforceable.
(b) Paragraph (a) applies to the following, but only to the
extent that the data or information could otherwise be made
accessible to the public:
(1) an agreement not to discuss, publicize, or comment on
personnel data or information;
(2) an agreement that limits the ability of the subject of
personnel data to release or consent to the release of data; or
(3) any other provision of an agreement that has the effect
of limiting the disclosure or discussion of information that
could otherwise be made accessible to the public, except a
provision that limits the ability of an employee to release or
discuss private data that identifies other employees.
(c) Paragraph (a) also applies to a court order that
contains terms or conditions prohibited by paragraph (a).
Sec. 12. Minnesota Statutes 1994, section 13.43, is
amended by adding a subdivision to read:
Subd. 11. [PROTECTION OF EMPLOYEE OR OTHERS.] (a) If the
responsible authority or designee of a state agency, statewide
system, or political subdivision reasonably determines that the
release of personnel data is necessary to protect an employee
from harm to self or to protect another person who may be harmed
by the employee, data that are relevant to the concerns for
safety may be released as provided in this subdivision.
(b) The data may be released:
(1) to the person who may be harmed and to an attorney
representing the person when the data are relevant to obtaining
a restraining order;
(2) to a prepetition screening team conducting an
investigation of the employee under section 253B.07, subdivision
1; or
(3) to a court, law enforcement agency, or prosecuting
authority.
(c) Section 13.03, subdivision 4, paragraph (c), applies to
data released under this subdivision, except to the extent that
the data have a more restrictive classification in the
possession of the agency or authority that receives the data.
If the person who may be harmed or the person's attorney
receives data under this subdivision, the data may be used or
released further only to the extent necessary to protect the
person from harm.
Sec. 13. Minnesota Statutes 1995 Supplement, section
13.46, subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names,
social security numbers, income, addresses, and other data as
required, upon request by the department of revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund under
section 290A.04, and, if the required federal waiver or waivers
are granted, the federal earned income tax credit under section
32 of the Internal Revenue Code;
(9) to the Minnesota department of economic security for
the purpose of monitoring the eligibility of the data subject
for reemployment insurance, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system, and to
verify receipt of energy assistance for the telephone assistance
plan;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state pursuant to Part C of Public
Law Number 98-527 to protect the legal and human rights of
persons with mental retardation or other related conditions who
live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
services office to the extent necessary to determine eligibility
under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families
with dependent children may be disclosed to law enforcement
officers who provide the name and social security number of the
recipient and satisfactorily demonstrate that: (i) the
recipient is a fugitive felon, including the grounds for this
determination; (ii) the location or apprehension of the felon is
within the law enforcement officer's official duties; and (iii)
the request is made in writing and in the proper exercise of
those duties;
(16) the current address of a recipient of general
assistance, work readiness, or general assistance medical care
may be disclosed to probation officers and corrections agents
who are supervising the recipient, and to law enforcement
officers who are investigating the recipient in connection with
a felony level offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
food stamp act, in accordance with Code of Federal Regulations,
title 7, section 272.1(c);
(18) data on a child support obligor who is in arrears may
be disclosed for purposes of publishing the data pursuant to
section 518.575;
(19) data on child support payments made by a child support
obligor may be disclosed to the obligee; or
(20) data in the work reporting system may be disclosed
under section 256.998, subdivision 7;
(21) to the department of children, families, and learning
for the purpose of matching department of children, families,
and learning student data with public assistance data to
determine students eligible for free and reduced price meals,
meal supplements, and free milk pursuant to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
produce accurate numbers of students receiving aid to families
with dependent children as required by section 124.175; and to
allocate federal and state funds that are distributed based on
income of the student's family; or
(22) the current address and telephone number of program
recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed in accordance with the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), or (17), or paragraph (b), are
investigative data and are confidential or protected nonpublic
while the investigation is active. The data are private after
the investigation becomes inactive under section 13.82,
subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 14. [13.621] [TWO HARBORS DEVELOPMENT COMMISSION
DATA.]
Subdivision 1. [NONPUBLIC DATA.] The following data that
are submitted to the Two Harbors development commission by
businesses that are requesting financial assistance are
nonpublic data: financial statements, business plans, income
and expense projections, customer lists, balance sheets, net
worth calculations, and market data, including feasibility
studies not paid for with public funds.
Subd. 2. [PUBLIC DATA.] Data submitted to the commission
under subdivision 1 become public data if the commission
provides financial assistance to the business except that the
following data remain nonpublic: business plans, income and
expense projections, customer lists, and market data, including
feasibility studies not paid for with public funds.
Sec. 15. [13.622] [MOORHEAD ECONOMIC DEVELOPMENT AUTHORITY
DATA.]
Subdivision 1. [NONPUBLIC DATA.] The following data
submitted to the city of Moorhead and to the Moorhead economic
development authority by businesses that are requesting
financial assistance are nonpublic data: financial statements,
business plans, income and expense projections, customer lists,
balance sheets, and market and feasibility studies not paid for
with public funds.
Subd. 2. [PUBLIC DATA.] Data submitted to the city and the
city's economic development authority under subdivision 1 become
public data if the city provides financial assistance to the
business except that the following data remain nonpublic:
business plans, income and expense projections, customer lists,
and market and feasibility studies not paid for with public
funds.
Sec. 16. Minnesota Statutes 1994, section 13.82,
subdivision 13, is amended to read:
Subd. 13. [PROPERTY DATA.] Data that uniquely describe
stolen, lost, confiscated, or recovered property or property
described in pawn shop transaction records are classified as
either private data on individuals or nonpublic data depending
on the content of the not public data.
Sec. 17. Minnesota Statutes 1994, section 13.82, is
amended by adding a subdivision to read:
Subd. 18. [PAWNSHOP DATA.] Data that would reveal the
identity of persons who are customers of a licensed pawnbroker
or secondhand goods dealer are private data on individuals.
Data describing the property in a regulated transaction with a
licensed pawnbroker or secondhand goods dealer are public.
Sec. 18. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 89a. [CRIMINAL ALERT NETWORK.] Data on private
sector members of the criminal alert network are classified
under section 299A.61, subdivision 2.
Sec. 19. Minnesota Statutes 1995 Supplement, section
62J.451, subdivision 7, is amended to read:
Subd. 7. [DISSEMINATION OF REPORTS; OTHER INFORMATION.]
(a) The health data institute shall establish a mechanism for
the dissemination of reports and other information to consumers,
group purchasers, health plan companies, providers, and the
state. When applicable, the health data institute shall
coordinate its dissemination of information responsibilities
with those of the commissioner, to the extent administratively
efficient and effective.
(b) The health data institute may require those requesting
data from its databases to contribute toward the cost of data
collection through the payments of fees.
(c) The health data institute shall not allow a group
purchaser or health care provider to use or have access to the
electronic data interchange system or to access data under
section 62J.452, subdivision 6 or 7, unless the group purchaser
or health care provider cooperates with the data collection
efforts of the health data institute by submitting or making
available through the EDI system or other means all data
requested by the health data institute. The health data
institute shall prohibit group purchasers and health care
providers from transferring, providing, or sharing data obtained
from the health data institute under section 62J.452,
subdivision 6 or 7, with a group purchaser or health care
provider that does not cooperate with the data collection
efforts of the health data institute.
Sec. 20. Minnesota Statutes 1995 Supplement, section
62J.451, subdivision 9, is amended to read:
Subd. 9. [BOARD OF DIRECTORS.] The health data institute
is governed by a 20-member board of directors consisting of the
following members:
(1) two representatives of hospitals, one appointed by the
Minnesota Hospital Association and one appointed by the
Metropolitan HealthCare Council and Health Care Partnership, to
reflect a mix of urban and rural institutions;
(2) four representatives of health carriers, two appointed
by the Minnesota council of health maintenance organizations,
one appointed by Blue Cross and Blue Shield of Minnesota, and
one appointed by the Insurance Federation of Minnesota;
(3) two consumer members, one appointed by the
commissioner, and one appointed by the AFL-CIO as a labor union
representative;
(4) five group purchaser representatives appointed by the
Minnesota consortium of health care purchasers to reflect a mix
of urban and rural, large and small, and self-insured
purchasers;
(5) two physicians appointed by the Minnesota Medical
Association, to reflect a mix of urban and rural practitioners;
(6) one representative of teaching and research
institutions, appointed jointly by the Mayo Foundation and the
Minnesota Association of Public Teaching Hospitals;
(7) one nursing representative appointed by the Minnesota
Nurses Association; and
(8) three representatives of state agencies, one member
representing the department of employee relations, one member
representing the department of human services, and one member
representing the department of health.
Sec. 21. Minnesota Statutes 1995 Supplement, section
62J.451, subdivision 12, is amended to read:
Subd. 12. [STAFF.] The board may hire an executive
director. The executive director and other health data
institute staff are not state employees but are covered by
section 3.736. The executive director and other health data
institute staff may participate in the following plans for
employees in the unclassified service until January 1, 1996:
the state retirement plan, the state deferred compensation plan,
and the health, dental, and life insurance plans. The attorney
general shall provide legal services to the board.
Sec. 22. Minnesota Statutes 1994, section 62J.51, is
amended by adding a subdivision to read:
Subd. 3a. [CARD ISSUER.] "Card issuer" means the group
purchaser who is responsible for printing and distributing
identification cards to members or insureds.
Sec. 23. Minnesota Statutes 1994, section 62J.51, is
amended by adding a subdivision to read:
Subd. 6a. [CLAIM STATUS TRANSACTION SET (ANSI ASC X12
276/277).] "Claim status transaction set (ANSI ASC X12 276/277)"
means the transaction format developed and approved for
implementation in December 1993 and used by providers to request
and receive information on the status of a health care claim or
encounter that has been submitted to a group purchaser.
Sec. 24. Minnesota Statutes 1994, section 62J.51, is
amended by adding a subdivision to read:
Subd. 6b. [CLAIM SUBMISSION ADDRESS.] "Claim submission
address" means the address to which the group purchaser requires
health care providers, members, or insureds to send health care
claims for processing.
Sec. 25. Minnesota Statutes 1994, section 62J.51, is
amended by adding a subdivision to read:
Subd. 6c. [CLAIM SUBMISSION NUMBER.] "Claim submission
number" means the unique identification number to identify group
purchasers as described in section 62J.54, with its suffix
identifying the claim submission address.
Sec. 26. Minnesota Statutes 1995 Supplement, section
62J.54, subdivision 1, is amended to read:
Subdivision 1. [UNIQUE IDENTIFICATION NUMBER FOR HEALTH
CARE PROVIDER ORGANIZATIONS.] (a) On and after January 1, 1998,
all group purchasers and health care providers in Minnesota
shall use a unique identification number to identify health care
provider organizations, except as provided in paragraph (d) (e).
(b) Following the recommendation of the workgroup for
electronic data interchange, the federal tax identification
number assigned to each health care provider organization by the
Internal Revenue Service of the Department of the Treasury The
first eight digits of the national provider identifier
maintained by the federal Health Care Financing Administration
shall be used as the unique identification number for health
care provider organizations.
(c) Provider organizations required to have a national
provider identifier are:
(1) hospitals licensed under chapter 144;
(2) nursing homes and hospices licensed under chapter 144A;
(3) subacute care facilities;
(4) individual providers organized as a clinic or group
practice;
(5) independent laboratory, pharmacy, surgery, radiology,
or outpatient facilities;
(6) ambulance services licensed under chapter 144; and
(7) special transportation services certified under chapter
174.
Provider organizations shall obtain a national provider
identifier from the federal Health Care Financing Administration
using the federal Health Care Financing Administration's
prescribed process.
(d) Only the unique health care provider organization
identifier shall be used for purposes of submitting and
receiving claims, and in conjunction with other data collection
and reporting functions.
(d) (e) The state and federal health care programs
administered by the department of human services shall use the
unique identification number assigned to health care providers
for implementation of the Medicaid Management Information System
or the uniform provider identification number (UPIN) assigned by
the Health Care Financing Administration the national provider
identifier maintained by the federal Health Care Financing
Administration.
(f) The commissioner of health may become a subscriber to
the federal Health Care Financing Administration's national
provider system to implement this subdivision.
Sec. 27. Minnesota Statutes 1995 Supplement, section
62J.54, subdivision 2, is amended to read:
Subd. 2. [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL
HEALTH CARE PROVIDERS.] (a) On and after January 1, 1998, all
group purchasers and health care providers in Minnesota shall
use a unique identification number to identify an individual
health care provider, except as provided in paragraph (d) (e).
(b) The uniform provider identification number (UPIN)
assigned by the Health Care Financing Administration The first
eight digits of the national provider identifier maintained by
the federal Health Care Financing Administration's national
provider system shall be used as the unique identification
number for individual health care providers. Providers who do
not currently have a UPIN number shall request one from the
health care financing administration.
(c) Individual providers required to have a national
provider identifier are:
(1) physicians licensed under chapter 147;
(2) dentists licensed under chapter 150A;
(3) chiropractors licensed under chapter 148;
(4) podiatrists licensed under chapter 153;
(5) physician assistants as defined under section 147A.01;
(6) advanced practice nurses as defined under section
62A.15;
(7) doctors of optometry licensed under section 148.57;
(8) individual providers who may bill Medicare for medical
and other health services as defined in United States Code,
title 42, section 1395x(s); and
(9) individual providers who are providers for state and
federal health care programs administered by the commissioner of
human services.
Providers shall obtain a national provider identifier from
the federal Health Care Financing Administration using the
Health Care Financing Administration's prescribed process.
(d) Only the unique individual health care provider
identifier shall be used for purposes of submitting and
receiving claims, and in conjunction with other data collection
and reporting functions.
(d) (e) The state and federal health care programs
administered by the department of human services shall use the
unique identification number assigned to health care providers
for implementation of the Medicaid Management Information System
or the uniform provider identification number (UPIN) assigned by
the health care financing administration national provider
identifier maintained by the federal Health Care Financing
Administration.
(f) The commissioner of health may become a subscriber to
the federal Health Care Financing Administration's national
provider system to implement this subdivision.
Sec. 28. Minnesota Statutes 1995 Supplement, section
62J.54, subdivision 3, is amended to read:
Subd. 3. [UNIQUE IDENTIFICATION NUMBER FOR GROUP
PURCHASERS.] (a) On and after January 1, 1998, all group
purchasers and health care providers in Minnesota shall use a
unique identification number to identify group purchasers.
(b) The federal tax identification number assigned to each
group purchaser by the Internal Revenue Service of the
Department of the Treasury payer identification number assigned
for the federal Health Care Financing Administration's PAYERID
system shall be used as the unique identification number for
group purchasers. This paragraph applies until the codes
described in paragraph (c) are available and feasible to use, as
determined by the commissioner.
(c) A two-part code, consisting of 11 characters and
modeled after the National Association of Insurance
Commissioners company code shall be assigned to each group
purchaser and used as the unique identification number for group
purchasers. The first six characters, or prefix, shall contain
the numeric code, or company code, assigned by the National
Association of Insurance Commissioners. The last five
characters, or suffix, which is optional, shall contain further
codes that will enable group purchasers to further route
electronic transaction in their internal systems. Group
purchasers shall obtain a payer identifier number from the
federal Health Care Financing Administration using the Health
Care Financing Administration's prescribed process.
(d) The unique group purchaser identifier, as described in
this section, shall be used for purposes of submitting and
receiving claims, and in conjunction with other data collection
and reporting functions.
(e) The commissioner of health may become a registry user
to the federal Health Care Financing Administration's PAYERID
system to implement this subdivision.
Sec. 29. Minnesota Statutes 1994, section 62J.56,
subdivision 2, is amended to read:
Subd. 2. [IDENTIFICATION OF CORE TRANSACTION SETS.] (a)
All category I and II industry participants in Minnesota shall
comply with the standards developed by the ANSI ASC X12 for the
following core transaction sets, according to the implementation
plan outlined for each transaction set.
(1) ANSI ASC X12 835 health care claim payment/advice
transaction set.
(2) ANSI ASC X12 837 health care claim transaction set.
(3) ANSI ASC X12 834 health care enrollment transaction set.
(4) ANSI ASC X12 270/271 health care eligibility
transaction set.
(5) ANSI ASC X12 276/277 health care claims status
request/notification transaction set.
(b) The commissioner, with the advice of the Minnesota
health data institute and the Minnesota administrative
uniformity committee, and in coordination with federal efforts,
may approve the use of new ASC X12 standards, or new versions of
existing standards, as they become available, or other
nationally recognized standards, where appropriate ASC X12
standards are not available for use. These alternative
standards may be used during a transition period while ASC X12
standards are developed.
Sec. 30. Minnesota Statutes 1995 Supplement, section
62J.58, is amended to read:
62J.58 [IMPLEMENTATION OF STANDARD TRANSACTION SETS.]
Subdivision 1. [CLAIMS PAYMENT.] Six months from the date
the commissioner formally recommends the use of guides to
implement core transaction sets pursuant to section 62J.56,
subdivision 3, all category I industry participants and all
category II industry participants, except pharmacists, shall be
able to submit or accept, as appropriate, the ANSI ASC X12 835
health care claim payment/advice transaction set (draft standard
for trial use version 3030/release 3051) for electronic
submission of payment information to health care providers.
Subd. 2. [CLAIMS SUBMISSION.] Six months from the date the
commissioner formally recommends the use of guides to implement
core transaction sets pursuant to section 62J.56, subdivision 3,
all category I and category II industry participants, except
pharmacists, shall be able to accept or submit, as appropriate,
the ANSI ASC X12 837 health care claim transaction set (draft
standard for trial use version 3030/release 3051) for the
electronic transfer of health care claim information.
Subd. 2a. [CLAIM STATUS INFORMATION.] Six months from the
date the commissioner formally recommends the use of guides to
implement core transaction sets under section 62J.56,
subdivision 3, all category I and II industry participants,
excluding pharmacists, may accept or submit the ANSI ASC X12
276/277 health care claim status transaction set (draft standard
for trial use version/release 3051) for the electronic transfer
of health care claim status information.
Subd. 3. [ENROLLMENT INFORMATION.] Six months from the
date the commissioner formally recommends the use of guides to
implement core transaction sets pursuant to section 62J.56,
subdivision 3, all category I and category II industry
participants, excluding pharmacists, shall be able to accept or
submit, as appropriate, the ANSI ASC X12 834 health care
enrollment transaction set (draft standard for trial use version
3030/release 3051) for the electronic transfer of enrollment and
health benefit information.
Subd. 4. [ELIGIBILITY INFORMATION.] Six months from the
date the commissioner formally recommends the use of guides to
implement core transaction sets pursuant to section 62J.56,
subdivision 3, all category I and category II industry
participants, except pharmacists, shall be able to accept or
submit, as appropriate, the ANSI ASC X12 270/271 health care
eligibility transaction set (draft standard for trial use
version 3030/release 3051) for the electronic transfer of health
benefit eligibility information.
Subd. 5. [APPLICABILITY.] This section does not require a
group purchaser, health care provider, or employer to use
electronic data interchange or to have the capability to do so.
This section applies only to the extent that a group purchaser,
health care provider, or employer chooses to use electronic data
interchange.
Sec. 31. Minnesota Statutes 1994, section 62J.60,
subdivision 2, is amended to read:
Subd. 2. [GENERAL CHARACTERISTICS.] (a) The Minnesota
health care identification card must be a preprinted card
constructed of plastic, paper, or any other medium that conforms
with ANSI and ISO 7810 physical characteristics standards. The
card dimensions must also conform to ANSI and ISO 7810 physical
characteristics standard. The use of a signature panel is
optional.
(b) The Minnesota health care identification card must have
an essential information window in the front side with the
following data elements left justified in the following top to
bottom sequence: card issuer name, issuer claim submission
number, identification number, identification name. No optional
data may be interspersed between these data elements. The
window must be left justified.
(c) Standardized labels are required next to human readable
data elements. The card issuer may decide the location of the
standardized label relative to the data element.
Sec. 32. Minnesota Statutes 1994, section 62J.60,
subdivision 3, is amended to read:
Subd. 3. [HUMAN READABLE DATA ELEMENTS.] (a) The following
are the minimum human readable data elements that must be
present on the front side of the Minnesota health care
identification card:
(1) card issuer name or logo, which is the name or logo
that identifies the card issuer. The card issuer name or logo
may be the card's front background. No standard label is
required for this data element;
(2) issuer claim submission number, which is the unique
card issuer number consisting of a base number assigned by a
registry process followed by a suffix number assigned by the
card issuer. The use of this element is mandatory within one
year of the establishment of a process for this identifier. The
standardized label for this element is "Issuer Clm Subm #";
(3) identification number, which is the unique
identification number of the individual card holder established
and defined under this section. The standardized label for the
data element is "ID";
(4) identification name, which is the name of the
individual card holder. The identification name must be
formatted as follows: first name, space, optional middle
initial, space, last name, optional space and name suffix. The
standardized label for this data element is "Name";
(5) account number(s), which is any other number, such as a
group number, if required for part of the identification or
claims process. The standardized label for this data element is
"Account";
(6) care type, which is the description of the group
purchaser's plan product under which the beneficiary is
covered. The description shall include the health plan company
name and the plan or product name. The standardized label for
this data element is "Care Type";
(7) service type, which is the description of coverage
provided such as hospital, dental, vision, prescription, or
mental health. The standard label for this data element is "Svc
Type"; and
(8) provider/clinic name, which is the name of the primary
care clinic the cardholder is assigned to by the health plan
company. The standard label for this field is "PCP." This
information is mandatory only if the health plan company assigns
a specific primary care provider to the cardholder.
(b) The following human readable data elements shall be
present on the back side of the Minnesota health identification
card. These elements must be left justified, and no optional
data elements may be interspersed between them:
(1) claims submission name(s) and address(es), which are
the name(s) and address(es) of the entity or entities to which
claims should be submitted. If different destinations are
required for different types of claims, this must be labeled;
(2) telephone number(s) and name(s); which are the
telephone number(s) and name(s) of the following contact(s) with
a standardized label describing the service function as
applicable:
(i) eligibility and benefit information;
(ii) utilization review;
(iii) precertification; or
(iv) customer services.
(c) The following human readable data elements are
mandatory on the back side of the card for health maintenance
organizations and integrated service networks:
(1) emergency care authorization telephone number or
instruction on how to receive authorization for emergency care.
There is no standard label required for this information; and
(2) telephone number to call to appeal to the commissioner
of health. There is no standard label required for this
information.
(d) All human readable data elements not required under
paragraphs (a) to (c) are optional and may be used at the
issuer's discretion.
Sec. 33. Minnesota Statutes 1995 Supplement, section
62Q.03, subdivision 9, is amended to read:
Subd. 9. [DATA COLLECTION AND DATA PRIVACY.] The
association members shall not have access to unaggregated data
on individuals or health plan companies. The association shall
develop, as a part of the plan of operation, procedures for
ensuring that data is collected by an appropriate entity. The
commissioners of health and commerce shall have the authority to
audit and examine data collected by the association for the
purposes of the development and implementation of the risk
adjustment system. Data on individuals obtained for the
purposes of risk adjustment development, testing, and operation
are designated as private data. Data not on individuals which
is obtained for the purposes of development, testing, and
operation of risk adjustment are designated as nonpublic data.,
except for that the proposed and approved plan of operation, the
risk adjustment methodologies examined, the plan for testing,
the plan of the risk adjustment system, minutes of meetings, and
other general operating information are classified as public
data. Nothing in this section is intended to prohibit the
preparation of summary data under section 13.05, subdivision 7.
The association, state agencies, and any contractors having
access to this data shall maintain it in accordance with this
classification. The commissioners of health and human services
have the authority to collect data from health plan companies as
needed for the purpose of developing a risk adjustment mechanism
for public programs.
Sec. 34. Minnesota Statutes 1994, section 144.225,
subdivision 2, is amended to read:
Subd. 2. [DATA ABOUT BIRTHS.] (a) Except as otherwise
provided in this subdivision, data pertaining to the birth of a
child, to a woman who was not married to the child's father when
the child was conceived nor when the child was born, including
the original certificate of birth and the certified copy, are
confidential data. At the time of the birth of a child to a
woman who was not married to the child's father when the child
was conceived nor when the child was born, the mother may
designate on the birth registration form whether data pertaining
to the birth will be public data. Notwithstanding the
designation of the data as confidential, it may be disclosed to
a parent or guardian of the child, to the child when the child
is 18 years of age or older, pursuant to a court order, or under
paragraph (b).
(b) Unless the child is adopted, data pertaining to the
birth of a child that are not accessible to the public become
public data if 100 years have elapsed since the birth of the
child who is the subject of the data, or as provided under
section 13.10, whichever occurs first.
(c) If a child is adopted, data pertaining to the child's
birth are governed by the provisions relating to adoption
records, including sections 13.10, subdivision 5; 144.1761;
144.218, subdivision 1; and 259.89. The birth and death records
of the commissioner of health shall be open to inspection by the
commissioner of human services and it shall not be necessary for
the commissioner of human services to obtain an order of the
court in order to inspect records or to secure certified copies
of them.
(d) The name and address of a mother under paragraph (a)
and the child's date of birth may be disclosed to the county
social services or public health member of a family services
collaborative for purposes of providing services under section
121.8355.
Sec. 35. Minnesota Statutes 1994, section 144.225, is
amended by adding a subdivision to read:
Subd. 6. [GROUP PURCHASER IDENTITY; NONPUBLIC DATA;
DISCLOSURE.] (a) Except as otherwise provided in this
subdivision, the named identity of a group purchaser as defined
in section 62J.03, subdivision 6, collected in association with
birth registration is nonpublic data as defined in section 13.02.
(b) The commissioner may publish, or by other means release
to the public, the named identity of a group purchaser as part
of an analysis of information collected from the birth
registration process. Analysis means the identification of
trends in prenatal care and birth outcomes associated with group
purchasers. The commissioner may not reveal the named identity
of the group purchaser until the group purchaser has had 21 days
after receipt of the analysis to review the analysis and comment
on it. In releasing data under this subdivision, the
commissioner shall include comments received from the group
purchaser related to the scientific soundness and statistical
validity of the methods used in the analysis. This subdivision
does not authorize the commissioner to make public any
individual identifying data except as permitted by law.
(c) A group purchaser may contest whether an analysis made
public under paragraph (b) is based on scientifically sound and
statistically valid methods in a contested case proceeding under
sections 14.57 to 14.62, subject to appeal under sections 14.63
to 14.68. To obtain a contested case hearing, the group
purchaser must present a written request to the commissioner
before the end of the time period for review and comment.
Within ten days of the assignment of an administrative law
judge, the group purchaser must demonstrate by clear and
convincing evidence the group purchaser's likelihood of
succeeding on the merits. If the judge determines that the
group purchaser has made this demonstration, the data may not be
released during the contested case proceeding and through
appeal. If the judge finds that the group purchaser has not
made this demonstration, the commissioner may immediately
publish, or otherwise make public, the nonpublic group purchaser
data, with comments received as set forth in paragraph (b).
(d) The contested case proceeding and subsequent appeal is
not an exclusive remedy and any person may seek a remedy
pursuant to section 13.08, subdivisions 1 to 4, or as otherwise
authorized by law.
Sec. 36. Minnesota Statutes 1995 Supplement, section
144.335, subdivision 3a, is amended to read:
Subd. 3a. [PATIENT CONSENT TO RELEASE OF RECORDS;
LIABILITY.] (a) A provider, or a person who receives health
records from a provider, may not release a patient's health
records to a person without a signed and dated consent from the
patient or the patient's legally authorized representative
authorizing the release, unless the release is specifically
authorized by law. Except as provided in paragraph (c) or (d),
a consent is valid for one year or for a lesser period specified
in the consent or for a different period provided by law.
(b) This subdivision does not prohibit the release of
health records:
(1) for a medical emergency when the provider is unable to
obtain the patient's consent due to the patient's condition or
the nature of the medical emergency; or
(2) to other providers within related health care entities
when necessary for the current treatment of the patient.
(c) Notwithstanding paragraph (a), if a patient explicitly
gives informed consent to the release of health records for the
purposes and pursuant to the restrictions in clauses (1) and
(2), the consent does not expire after one year for:
(1) the release of health records to a provider who is
being advised or consulted with in connection with the current
treatment of the patient;
(2) the release of health records to an accident and health
insurer, health service plan corporation, health maintenance
organization, or third-party administrator for purposes of
payment of claims, fraud investigation, or quality of care
review and studies, provided that:
(i) the use or release of the records complies with
sections 72A.49 to 72A.505;
(ii) further use or release of the records in individually
identifiable form to a person other than the patient without the
patient's consent is prohibited; and
(iii) the recipient establishes adequate safeguards to
protect the records from unauthorized disclosure, including a
procedure for removal or destruction of information that
identifies the patient.
(d) Until June 1, 1996 , paragraph (a) does not prohibit
the release of health records to qualified personnel solely for
purposes of medical or scientific research, if the patient has
not objected to Notwithstanding paragraph (a), health records
may be released to a researcher solely for purposes of medical
or scientific research only as follows:
(1) health records generated before January 1, 1997, may be
released if the patient has not objected or does not elect to
object after that date;
(2) for health records generated on or after January 1,
1997, the provider must:
(i) disclose in writing to patients currently being treated
by the provider that health records, regardless of when
generated, may be released and that the patient may object, in
which case the records will not be released; and
(ii) obtain the patient's written general authorization
that describes the release of records in item (i), which does
not expire but may be revoked or limited in writing at any time
by the patient or the patient's authorized representative; and
(3) the provider must, at the request of the patient,
provide information on how the patient may contact an external
researcher to whom the health record was released and the date
it was released.
In making a release for research purposes and the
provider who releases the records makes shall make a reasonable
effort to determine that:
(i) the use or disclosure does not violate any limitations
under which the record was collected;
(ii) the use or disclosure in individually identifiable
form is necessary to accomplish the research or statistical
purpose for which the use or disclosure is to be made;
(iii) the recipient has established and maintains adequate
safeguards to protect the records from unauthorized disclosure,
including a procedure for removal or destruction of information
that identifies the patient; and
(iv) further use or release of the records in individually
identifiable form to a person other than the patient without the
patient's consent is prohibited.
(e) A person who negligently or intentionally releases a
health record in violation of this subdivision, or who forges a
signature on a consent form, or who obtains under false
pretenses the consent form or health records of another person,
or who, without the person's consent, alters a consent form, is
liable to the patient for compensatory damages caused by an
unauthorized release, plus costs and reasonable attorney's fees.
(f) Upon the written request of a spouse, parent, child, or
sibling of a patient being evaluated for or diagnosed with
mental illness, a provider shall inquire of a patient whether
the patient wishes to authorize a specific individual to receive
information regarding the patient's current and proposed course
of treatment. If the patient so authorizes, the provider shall
communicate to the designated individual the patient's current
and proposed course of treatment. Paragraph (a) applies to
consents given under this paragraph.
(g) In cases where a provider releases health records
without patient consent as authorized by law, the release must
be documented in the patient's health record.
Sec. 37. Minnesota Statutes 1994, section 145.64, is
amended by adding a subdivision to read:
Subd. 3. [HENNEPIN COUNTY EMERGENCY MEDICAL SERVICES
DATA.] Data collected, created, or maintained by the quality
committee of the Hennepin county emergency medical services
advisory council when conducting a health care review activity
of the emergency medical services function or services are
private data on individuals or nonpublic data not on
individuals, as defined in section 13.02.
Sec. 38. Minnesota Statutes 1994, section 148B.66, is
amended by adding a subdivision to read:
Subd. 3. [EXCHANGING INFORMATION.] (a) The office of
mental health practice shall establish internal operating
procedures for:
(1) exchanging information with state boards; agencies,
including the office of ombudsman for mental health and mental
retardation; health related and law enforcement facilities;
departments responsible for licensing health related
occupations, facilities, and programs; and law enforcement
personnel in this and other states; and
(2) coordinating investigations involving matters within
the jurisdiction of more than one regulatory agency.
Establishment of the operating procedures is not subject to
rulemaking under chapter 14.
(b) The procedures for exchanging information must provide
for the forwarding to the entities described in paragraph (a),
clause (1), of information and evidence, including the results
of investigations, that are relevant to matters within the
regulatory jurisdiction of the organizations in paragraph (a).
The data have the same classification in the hands of the agency
receiving the data as they have in the hands of the agency
providing the data.
(c) The office of mental health practice shall establish
procedures for exchanging information with other states
regarding disciplinary action against licensed and unlicensed
mental health practitioners.
(d) The office of mental health practice shall forward to
another governmental agency any complaints received by the
office that do not relate to the office's jurisdiction but that
relate to matters within the jurisdiction of the other
governmental agency. The agency to which a complaint is
forwarded shall advise the office of mental health practice of
the disposition of the complaint. A complaint or other
information received by another governmental agency relating to
a statute or rule that the office of mental health practice is
empowered to enforce must be forwarded to the office to be
processed in accordance with this section.
(e) The office of mental health practice shall furnish to a
person who made a complaint a description of the actions of the
office relating to the complaint.
Sec. 39. Minnesota Statutes 1994, section 150A.081, is
amended to read:
150A.081 [ACCESS TO MEDICAL DATA.]
Subdivision 1. [ACCESS TO DATA ON LICENSEE OR REGISTRANT.]
When the board has probable cause to believe that a licensee's
or registrant's condition meets a ground listed in section
150A.08, subdivision 1, clause (4) or (8), it may,
notwithstanding sections 13.42, 144.651, or any other law
limiting access to medical data, obtain medical or health
records relating to on the licensee or registrant without the
person's licensee's or registrant's consent. The medical data
may be requested from a provider, as defined in section 144.335,
subdivision 1, paragraph (b), an insurance company, or a
government agency. A provider, insurance company, or government
agency shall comply with a written request of the board under
this subdivision and is not liable in any action for damages for
releasing the data requested by the board if the data are
released under the written request, unless the information is
false and the entity providing the information knew, or had
reason to believe, the information was false.
Subd. 2. [ACCESS TO DATA ON PATIENTS.] The board has
access to medical records of a patient treated by a licensee or
registrant under review if the patient signs a written consent
permitting access. If the patient has not given consent, the
licensee or registrant must delete data from which a patient may
be identified before releasing medical records to the board.
Subd. 3. [DATA CLASSIFICATION; RELEASE OF CERTAIN HEALTH
DATA NOT REQUIRED.] Information obtained under this
subdivision section is classified as private data on individuals
under chapter 13. Under this subdivision section, the
commissioner of health is not required to release health data
collected and maintained under section 13.38.
Sec. 40. Minnesota Statutes 1994, section 168.345,
subdivision 3, is amended to read:
Subd. 3. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.]
Except as otherwise provided in subdivision 4, the commissioner
shall impose a surcharge of 50 cents on each fee charged by the
commissioner under section 13.03, subdivision 3, for copies or
electronic transmittal of public information concerning motor
vehicle registrations. This surcharge only applies to a fee
imposed in responding to a request made in person or by mail, or
to a request for transmittal through a computer modem. The
surcharge does not apply to the request of an individual for
information concerning vehicles registered in that individual's
name. The commissioner shall forward the surcharges collected
under this subdivision to the commissioner of finance on a
monthly basis. Upon receipt, the commissioner of finance shall
credit the surcharges to the general fund.
Sec. 41. Minnesota Statutes 1994, section 168.345, is
amended by adding a subdivision to read:
Subd. 4. [EXCEPTION TO FEE AND SURCHARGE.] Notwithstanding
subdivision 3 or section 13.03, no fee or surcharge shall be
imposed in responding to a request for public information
concerning motor vehicle registrations if the requester gives
the commissioner a signed statement that:
(1) the requester seeks the information on behalf of a
community-based, nonprofit organization which has been
designated by the local law enforcement agency to be a
requester; and
(2) the information is needed in order to identify
suspected prostitution law violators, controlled substance law
violators, or health code violators.
The commissioner may not require a requester to make a
certain minimum number of data requests nor limit a requester to
a certain maximum number of data requests.
Sec. 42. Minnesota Statutes 1994, section 168.346, is
amended to read:
168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.]
(a) The registered owner of a motor vehicle may request in
writing that the owner's residence address or name and residence
address be classified as private data on individuals, as defined
in section 13.02, subdivision 12. The commissioner shall grant
the classification upon receipt of a signed statement by the
owner that the classification is required for the safety of the
owner or the owner's family, if the statement also provides a
valid, existing address where the owner consents to receive
service of process. The commissioner shall use the mailing
address in place of the residence address in all documents and
notices pertaining to the motor vehicle. The residence address
or name and residence address and any information provided in
the classification request, other than the mailing address, are
private data on individuals and may be provided to requesting
law enforcement agencies, probation and parole agencies, and
public authorities, as defined in section 518.54, subdivision 9.
(b) An individual registered owner of a motor vehicle must
be informed in a clear and conspicuous manner on the forms for
issuance or renewal of titles and registrations, that the
owner's personal information may be disclosed to any person who
makes a request for the personal information, and that, except
for uses permitted by United States Code, title 18, section
2721, clause (b), the registered owner may prohibit disclosure
of the personal information by so indicating on the form.
(c) At the time of registration or renewal, the individual
registered owner of a motor vehicle must also be informed in a
clear and conspicuous manner on forms that the owner's personal
information may be used, rented, or sold solely for bulk
distribution by organizations for business purposes including
surveys, marketing, and solicitation. The commissioner shall
implement methods and procedures that enable the registered
owner to request that bulk surveys, marketing, or solicitation
not be directed to the owner. If the registered owner so
requests, the commissioner shall implement the request in a
timely manner and the personal information may not be so used.
(d) To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to register a
motor vehicle is public data on individuals and shall be
disclosed as permitted by United States Code, title 18, section
2721, clause (b).
Sec. 43. Minnesota Statutes 1994, section 171.12,
subdivision 7, is amended to read:
Subd. 7. [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant
for a driver's license or a Minnesota identification card may
request that the applicant's residence address be classified as
private data on individuals, as defined in section 13.02,
subdivision 12. The commissioner shall grant the classification
upon receipt of a signed statement by the individual that the
classification is required for the safety of the applicant or
the applicant's family, if the statement also provides a valid,
existing address where the applicant consents to receive service
of process. The commissioner shall use the mailing address in
place of the residence address in all documents and notices
pertaining to the driver's license or identification card. The
residence address and any information provided in the
classification request, other than the mailing address, are
private data on individuals and may be provided to requesting
law enforcement agencies, probation and parole agencies, and
public authorities, as defined in section 518.54, subdivision 9.
(b) An applicant for a driver's license or a Minnesota
identification card must be informed in a clear and conspicuous
manner on the forms for the issuance or renewal that the
applicant's personal information may be disclosed to any person
who makes a request for the personal information, and that
except for uses permitted by United States Code, title 18,
section 2721, clause (b), the applicant may prohibit disclosure
of the personal information by so indicating on the form.
(c) An applicant for a driver's license or a Minnesota
identification card must be also informed in a clear and
conspicuous manner on forms that the applicant's personal
information may be used, rented, or sold solely for bulk
distribution by organizations for business purposes, including
surveys, marketing, or solicitation. The commissioner shall
implement methods and procedures that enable the applicant to
request that bulk surveys, marketing, or solicitation not be
directed to the applicant. If the applicant so requests, the
commissioner shall implement the request in a timely manner and
the personal information may not be so used.
(d) To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to obtain a
Minnesota identification card or a driver's license is public
data on individuals and shall be disclosed as permitted by
United States Code, title 18, section 2721, clause (b).
Sec. 44. Minnesota Statutes 1994, section 171.12, is
amended by adding a subdivision to read:
Subd. 7a. [DISCLOSURE OF PERSONAL INFORMATION.] The
commissioner shall disclose personal information where the use
is related to the operation of a motor vehicle or to public
safety, including public dissemination. The use of personal
information is related to public safety if it concerns the
physical safety or security of drivers, vehicles, pedestrians,
or property.
Sec. 45. Minnesota Statutes 1994, section 260.161,
subdivision 1, is amended to read:
Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The
juvenile court judge shall keep such minutes and in such manner
as the court deems necessary and proper. Except as provided in
paragraph (b), the court shall keep and maintain records
pertaining to delinquent adjudications until the person reaches
the age of 28 years and shall release the records on an
individual to another juvenile court that has jurisdiction of
the juvenile, to a requesting adult court for purposes of
sentencing, or to an adult court or juvenile court as required
by the right of confrontation of either the United States
Constitution or the Minnesota Constitution. The juvenile court
shall provide, upon the request of any other juvenile court,
copies of the records concerning adjudications involving the
particular child. The court also may provide copies of records
concerning delinquency adjudications, on request, to law
enforcement agencies, probation officers, and corrections agents
if the court finds that providing these records serves public
safety or is in the best interests of the child. The records
have the same data classification in the hands of the agency
receiving them as they had in the hands of the court.
The court shall also keep an index in which files
pertaining to juvenile matters shall be indexed under the name
of the child. After the name of each file shall be shown the
file number and, if ordered by the court, the book and page of
the register in which the documents pertaining to such file are
listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all
documents filed pertaining to the child and in the order filed.
The list shall show the name of the document and the date of
filing thereof. The juvenile court legal records shall be
deposited in files and shall include the petition, summons,
notice, findings, orders, decrees, judgments, and motions and
such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be
open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
(b) The court shall retain records of the court finding
that a juvenile committed an act that would be a violation of,
or an attempt to violate, section 609.342, 609.343, 609.344, or
609.345, a felony or gross misdemeanor level offense until the
offender reaches the age of 28. If the offender commits another
violation of sections 609.342 to 609.345 a felony as an adult,
or the court convicts a child as an extended jurisdiction
juvenile, the court shall retain the juvenile records for as
long as the records would have been retained if the offender had
been an adult at the time of the juvenile offense. This
paragraph does not apply unless the juvenile was provided
counsel as required by section 260.155, subdivision 2.
Sec. 46. Minnesota Statutes 1994, section 260.161,
subdivision 1a, is amended to read:
Subd. 1a. [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF
CRIMINAL APPREHENSION FINDINGS.] (a) The juvenile court shall
forward to the Bureau of Criminal Apprehension the following
data on juveniles adjudicated delinquent for having committed
felony-level criminal sexual conduct in juvenile petitions
involving felony- or gross misdemeanor-level offenses:
(1) the name and birth date of the juvenile, including any
of the juvenile's known aliases or street names;
(2) the type of act for which the juvenile was adjudicated
delinquent petitioned and date of the offense; and
(3) the date and county of the adjudication where the
petition was filed.
(b) Upon completion of the court proceedings, the court
shall forward the court's finding and case disposition to the
bureau. Notwithstanding section 138.17, if the petition was
dismissed or the juvenile was not found to have committed a
gross misdemeanor or felony-level offense, the bureau and a
person who received the data from the bureau shall destroy all
data relating to the petition collected under paragraph (a).
The bureau shall notify a person who received the data that the
data must be destroyed.
(c) The bureau shall retain data on a juvenile found to
have committed a felony- or gross misdemeanor-level offense
until the offender reaches the age of 28. If the offender
commits another a felony violation of sections 609.342 to
609.345 as an adult, the bureau shall retain the data for as
long as the data would have been retained if the offender had
been an adult at the time of the juvenile offense.
(c) (d) The juvenile court shall forward to the bureau, the
sentencing guidelines commission, and the department of
corrections the following data on individuals convicted as
extended jurisdiction juveniles:
(1) the name and birthdate of the offender, including any
of the juvenile's known aliases or street names;
(2) the crime committed by the offender and the date of the
crime; and
(3) the date and county of the conviction; and
(4) the case disposition.
The court shall notify the bureau, the sentencing
guidelines commission, and the department of corrections
whenever it executes an extended jurisdiction juvenile's adult
sentence under section 260.126, subdivision 5.
(d) (e) The bureau, sentencing guidelines commission, and
the department of corrections shall retain the extended
jurisdiction juvenile data for as long as the data would have
been retained if the offender had been an adult at the time of
the offense. Data retained on individuals under this
subdivision are private data under section 13.02, except that
extended jurisdiction juvenile data becomes public data under
section 13.87, subdivision 2, when the juvenile court notifies
the bureau that the individual's adult sentence has been
executed under section 260.126, subdivision 5.
Sec. 47. Minnesota Statutes 1995 Supplement, section
268.12, subdivision 12, is amended to read:
Subd. 12. [INFORMATION.] Except as hereinafter otherwise
provided, data gathered from any employing unit or individual
pursuant to the administration of sections 268.03 to 268.231,
and from any determination as to the benefit rights of any
individual are private data on individuals or nonpublic data not
on individuals as defined in section 13.02, subdivisions 9 and
12, and may not be disclosed except pursuant to this subdivision
or a court order or section 13.05. These data may be
disseminated to and used by the following agencies without the
consent of the subject of the data:
(a) state and federal agencies specifically authorized
access to the data by state or federal law;
(b) any agency of this or any other state; or any federal
agency charged with the administration of an employment security
law or the maintenance of a system of public employment offices;
(c) local human rights groups within the state which have
enforcement powers;
(d) the department of revenue shall have access to
department of economic security private data on individuals and
nonpublic data not on individuals only to the extent necessary
for enforcement of Minnesota tax laws;
(e) public and private agencies responsible for
administering publicly financed assistance programs for the
purpose of monitoring the eligibility of the program's
recipients;
(f) the department of labor and industry on an
interchangeable basis with the department of economic security
subject to the following limitations and notwithstanding any law
to the contrary:
(1) the department of economic security shall have access
to private data on individuals and nonpublic data not on
individuals for uses consistent with the administration of its
duties under sections 268.03 to 268.231; and
(2) the department of labor and industry shall have access
to private data on individuals and nonpublic data not on
individuals for uses consistent with the administration of its
duties under state law;
(g) the department of trade and economic development may
have access to private data on individual employing units and
nonpublic data not on individual employing units for its
internal use only; when received by the department of trade and
economic development, the data remain private data on
individuals or nonpublic data;
(h) local and state welfare agencies for monitoring the
eligibility of the data subject for assistance programs, or for
any employment or training program administered by those
agencies, whether alone, in combination with another welfare
agency, or in conjunction with the department of economic
security;
(i) local, state, and federal law enforcement agencies for
the sole purpose of ascertaining the last known address and
employment location of the data subject, provided the data
subject is the subject of a criminal investigation; and
(j) the department of health may have access to private
data on individuals and nonpublic data not on individuals solely
for the purposes of epidemiologic investigations.
Data on individuals and employing units which are
collected, maintained, or used by the department in an
investigation pursuant to section 268.18, subdivision 3, are
confidential as to data on individuals and protected nonpublic
data not on individuals as defined in section 13.02,
subdivisions 3 and 13, and shall not be disclosed except
pursuant to statute or court order or to a party named in a
criminal proceeding, administrative or judicial, for preparation
of a defense.
Tape recordings and transcripts of recordings of
proceedings conducted in accordance with section 268.105 and
exhibits received into evidence at those proceedings are private
data on individuals and nonpublic data not on individuals and
shall be disclosed only pursuant to the administration of
section 268.105, or pursuant to a court order.
Aggregate data about employers compiled from individual job
orders placed with the department of economic security are
private data on individuals and nonpublic data not on
individuals as defined in section 13.02, subdivisions 9 and 12,
if the commissioner determines that divulging the data would
result in disclosure of the identity of the employer. The
general aptitude test battery and the nonverbal aptitude test
battery as administered by the department are also classified as
private data on individuals or nonpublic data.
Data on individuals collected, maintained, or created
because an individual applies for benefits or services provided
by the energy assistance and weatherization programs
administered by the department of economic security is private
data on individuals and shall not be disseminated except
pursuant to section 13.05, subdivisions 3 and 4.
Data gathered by the department pursuant to the
administration of sections 268.03 to 268.231 shall not be made
the subject or the basis for any suit in any civil proceedings,
administrative or judicial, unless the action is initiated by
the department.
Sec. 48. Minnesota Statutes 1995 Supplement, section
299A.61, is amended to read:
299A.61 [CRIMINAL ALERT NETWORK.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of public
safety, in cooperation with the commissioner of administration,
shall develop and maintain an integrated criminal alert network
to facilitate the communication of crime prevention information
by electronic means among state agencies, law enforcement
officials, and the private sector. The network shall
disseminate data regarding the commission of crimes, including
information on missing and endangered children, and attempt to
reduce theft and other crime by the use of electronic
transmission of information.
Subd. 2. [DATA ON MEMBERS.] Data that identify individuals
or businesses as members of the criminal alert network,
including names, addresses, telephone and fax numbers, are
private data on individuals or nonpublic data, as defined in
section 13.02, subdivision 12 or 9.
Sec. 49. Minnesota Statutes 1994, section 299C.095, is
amended to read:
299C.095 [SYSTEM FOR IDENTIFICATION OF ADJUDICATED
JUVENILES JUVENILE OFFENDERS.]
(a) The bureau shall establish a system for recording the
data on adjudicated juveniles received from the juvenile courts
under section 260.161, subdivision 1a administer and maintain
the computerized juvenile history record system based on section
260.161 and other statutes requiring the reporting of data on
juveniles. The data in the system are private data as defined
in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to
all trial courts and appellate courts, to a person who has
access to the juvenile court records as provided in section
260.161 or under court rule.
(b) Except for access authorized under paragraph (a), the
bureau shall only disseminate a juvenile history record in
connection with a background check required by statute or rule
and performed on a licensee, license applicant, or employment
applicant or performed under section 624.713. A consent for
release of information from an individual who is the subject of
a juvenile history is not effective and the bureau shall not
release a juvenile history record and shall not release
information in a manner that reveals the existence of the record.
Sec. 50. Minnesota Statutes 1995 Supplement, section
299C.10, subdivision 1, is amended to read:
Subdivision 1. [LAW ENFORCEMENT DUTY.] (a) It is hereby
made the duty of the sheriffs of the respective counties and, of
the police officers in cities of the first, second, and third
classes, under the direction of the chiefs of police in such
cities, and of community corrections agencies operating secure
juvenile detention facilities to take or cause to be taken
immediately finger and thumb prints, photographs, distinctive
physical mark identification data, and such other identification
data as may be requested or required by the superintendent of
the bureau; of all persons arrested for a felony, gross
misdemeanor, of all juveniles committing felonies as
distinguished from those committed by adult offenders, of all
persons reasonably believed by the arresting officer to be
fugitives from justice, of all persons in whose possession, when
arrested, are found concealed firearms or other dangerous
weapons, burglar tools or outfits, high-power explosives, or
articles, machines, or appliances usable for an unlawful purpose
and reasonably believed by the arresting officer to be intended
for such purposes, and within 24 hours thereafter to forward
such fingerprint records and other identification data on such
forms and in such manner as may be prescribed by the
superintendent of the bureau of criminal apprehension.
(b) Effective August 1, 1997, the identification reporting
requirements shall also apply to persons committing misdemeanor
offenses, including violent and enhanceable crimes, and
juveniles committing gross misdemeanors. In addition, the
reporting requirements shall include any known aliases or street
names of the offenders.
Sec. 51. Minnesota Statutes 1994, section 299C.46,
subdivision 2, is amended to read:
Subd. 2. [CRIMINAL JUSTICE AGENCY DEFINED.] For the
purposes of sections 299C.46 to 299C.49, "criminal justice
agency" shall mean means an agency of the state or an agency of
a political subdivision charged with detection, enforcement,
prosecution, adjudication or incarceration in respect to the
criminal or traffic laws of this state. This definition also
includes all sites identified and licensed as a detention
facility by the commissioner of corrections under section
241.021.
Sec. 52. [EFFECTIVE DATE.]
Sections 8 and 9 and 36 are effective the day following
final enactment.
Sections 46 and 50 are effective August 1, 1996, and apply
to offenses occurring on or after that date.
Section 39 is effective August 1, 1997.
ARTICLE 2
Section 1. Minnesota Statutes 1994, section 13.99,
subdivision 19c, is amended to read:
Subd. 19c. [DATA ANALYSIS DATA.] Data collected by the
data analysis unit are classified under section 62J.30,
subdivision 7. Data collected for purposes of sections 62J.301
to 62J.42 that identify patients or providers are classified
under section 62J.321, subdivision 5.
Sec. 2. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 19i. [HEALTH DATA INSTITUTE.] Health data institute
data are classified under section 62J.452, subdivision 2.
Sec. 3. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 19j. [ESSENTIAL COMMUNITY PROVIDER.] Data on
applications for designation as an essential community provider
are classified under section 62Q.19, subdivision 2.
Sec. 4. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 20c. [SELF-INSURERS ADVISORY COMMITTEE.] Data
received by the self-insurers' advisory committee from the
commissioner is classified under section 79A.02, subdivision 2.
Sec. 5. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 21e. [EXCLUSION OF WASTE MATERIALS.] Data included
in a document submitted by a transfer station under section
115A.84, subdivision 5, is classified under that subdivision.
Sec. 6. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 28b. [NURSING HOME RESIDENTS.] Access to certain
data on assessments of care and services to nursing home
residents is governed by section 144.0721, subdivision 2.
Sec. 7. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 31a. [VITAL RECORDS.] Physical access to vital
records is governed by section 144.225, subdivision 1.
Sec. 8. Minnesota Statutes 1995 Supplement, section 13.99,
subdivision 38b, is amended to read:
Subd. 38b. [LEAD EXPOSURE DATA.] Data on individuals
exposed to lead in their residences are classified under section
sections 144.874, subdivision 1, 144.9502, subdivision 9, and
144.9504, subdivision 2.
Sec. 9. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 42b. [REPORT OF VIOLATIONS.] Certain reports of
violations submitted to the board of medical practice are
classified under section 147.121.
Sec. 10. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 85a. [CERTIFICATE OF VALUE.] Data in a real estate
certificate of value filed with the county auditor is classified
under section 272.115, subdivision 1.
Sec. 11. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 86a. [POLITICAL CONTRIBUTION REFUND.] Certain
political contribution refund data in the revenue department are
classified under section 290.06, subdivision 23.
Sec. 12. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 86b. [GROSS EARNINGS TAXES.] Certain patient data
provided to the department of revenue under chapter 295 are
classified under section 295.57, subdivision 2.
Sec. 13. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 92g. [LOTTERY PRIZE WINNER.] Certain data on lottery
prize winners are classified under section 349A.08, subdivision
9.
Sec. 14. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 100a. [CHILD SUPPORT ATTORNEYS.] Certain data
provided by an applicant or recipient of child support
enforcement services are classified under section 518.255.
Presented to the governor April 4, 1996
Signed by the governor April 11, 1996, 11:52 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes