1.1 	A bill for an act
1.2 	relating to health; requiring patient consent for certain encounter data reporting;
1.3 	amending Minnesota Statutes 2010, section 62U.04, subdivision 4.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2010, section 62U.04, subdivision 4, is amended to read:
1.6 		Subd. 4.Encounter data. (a) Beginning July 1, 2009, and every six months 
1.7 	thereafter, all health plan companies and third-party administrators shall submit encounter 
1.8 	data to a private entity designated by the commissioner of health. The data shall be 
1.9 	submitted in a form and manner specified by the commissioner subject to the following 
1.10 	requirements:
1.11 	(1) the data must be de-identified data as described under the Code of Federal 
1.12 	Regulations, title 45, section 164.514;
1.13 	(2) the data for each encounter must include an identifier for the patient's health care 
1.14 	home if the patient has selected a health care home; and
1.15 	(3) except for the identifier described in clause (2), the data must not include 
1.16 	information that is not included in a health care claim or equivalent encounter information 
1.17 	transaction that is required under section 62J.536.
1.18 	(b) The commissioner or the commissioner's designee shall only use the data 
1.19 	submitted under paragraph (a) for the purpose of carrying out its responsibilities in this 
1.20 	section, and must maintain the data that it receives according to the provisions of this 
1.21 	section.
1.22 	(c) Data on providers collected under this subdivision are private data on individuals 
1.23 	or nonpublic data, as defined in section 13.02. Notwithstanding the definition of summary 
1.24 	data in section 13.02, subdivision 19, summary data prepared under this subdivision 
2.1 	may be derived from nonpublic data. The commissioner or the commissioner's designee 
2.2 	shall establish procedures and safeguards to protect the integrity and confidentiality of 
2.3 	any data that it maintains.
2.4 	(d) The commissioner or the commissioner's designee shall not publish analyses or 
2.5 	reports that identify, or could potentially identify, individual patients.
2.6 	(e) Notwithstanding paragraph (a) or Minnesota Rules, chapter 4653, no health plan 
2.7 	company or third-party administrator shall submit encounter data to the data processor, as 
2.8 	defined in Minnesota Rules, part 4653.0100, without first obtaining the express written 
2.9 	consent of the individual patient, or the parent or guardian in the case of a minor child.
2.10 	(f) By July 1, 2012, the commissioner must provide a method by which individual 
2.11 	patients may elect to remove from the vendor's database any of their individual encounter 
2.12 	data already collected and stored by the data processor, as defined in Minnesota Rules, 
2.13 	part 4653.0100.