1.1 	A bill for an act
1.2 	relating to health; modifying provisions related to release of health records;
1.3 	amending Minnesota Statutes 2010, section 144.293, subdivisions 2, 8, 9; 
1.4 	repealing Minnesota Statutes 2010, section 144.293, subdivision 10.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2010, section 144.293, subdivision 2, is amended to read:
1.7 		Subd. 2.Patient consent to release of records. A provider, or a person who 
1.8 	receives health records from a provider, may not release a patient's health records to a 
1.9 	person without:
1.10 	(1) a signed and dated consent from the patient or the patient's legally authorized 
1.11 	representative authorizing the release; or
1.12 	(2) specific authorization in law; or
1.13 	(3) a representation from a provider that holds a signed and dated consent from the 
1.14 	patient authorizing the release.

1.15 	Sec. 2. Minnesota Statutes 2010, section 144.293, subdivision 8, is amended to read:
1.16 		Subd. 8.Record locator service. (a) A provider or group purchaser may release 
1.17 	patient identifying information and information about the location of the patient's health 
1.18 	records to a record locator service without with informed written consent from the patient, 
1.19 	unless the patient has elected to be excluded from the service under paragraph (d). The 
1.20 	Department of Health may not access the record locator service or receive data from the 
1.21 	record locator service. Only a provider may have access to patient identifying information 
1.22 	in a record locator service. Except in the case of a medical emergency, a provider 
1.23 	participating in a health information exchange using a record locator service does not have 
2.1 	access to patient identifying information and information about the location of the patient's 
2.2 	health records unless the patient specifically consents to provides written informed consent 
2.3 	for the access. A consent does not expire but may be revoked by the patient at any time by 
2.4 	providing written notice of the revocation to the provider.
2.5 	(b) A health information exchange maintaining a record locator service must 
2.6 	maintain an audit log of providers accessing information in a record locator service that 
2.7 	at least contains information on:
2.8 	(1) the identity of the provider accessing the information;
2.9 	(2) the identity of the patient whose information was accessed by the provider; and
2.10 	(3) the date the information was accessed.
2.11 	(c) No group purchaser may in any way require a provider to participate in a record 
2.12 	locator service as a condition of payment or participation.
2.13 	(d) A provider or an entity operating a record locator service must provide 
2.14 	a mechanism under which patients may exclude their identifying information and 
2.15 	information about the location of their health records from a record locator service. At 
2.16 	a minimum, a consent form that permits a provider to access a record locator service 
2.17 	must include a conspicuous check-box option that allows a patient to exclude all of the 
2.18 	patient's information from the record locator service. A provider participating in a health 
2.19 	information exchange with a record locator service who receives a patient's request to 
2.20 	exclude all of the patient's information from the record locator service or to have a specific 
2.21 	provider contact excluded from the record locator service is responsible for removing that 
2.22 	information from the record locator service.

2.23 	Sec. 3. Minnesota Statutes 2010, section 144.293, subdivision 9, is amended to read:
2.24 		Subd. 9.Documentation of release. (a) In cases where a provider releases health 
2.25 	records without patient consent as authorized by law, the release must be documented in 
2.26 	the patient's health record. In the case of a release under section 144.294, subdivision 2, the 
2.27 	documentation must include the date and circumstances under which the release was made, 
2.28 	the person or agency to whom the release was made, and the records that were released.
2.29 	(b) When a health record is released using a representation from a provider that 
2.30 	holds a consent from the patient, the releasing provider shall document:
2.31 	(1) the provider requesting the health records;
2.32 	(2) the identity of the patient;
2.33 	(3) the health records requested; and
2.34 	(4) the date the health records were requested.

3.1 	Sec. 4.  REPEALER.
 3.2 	Minnesota Statutes 2010, section 144.293, subdivision 10, is repealed.