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S.F. No. 1434 - Department of Human Services Data Practices
 
Author: Senator Kathy Sheran
 
Prepared By:
 
Date: March 11, 2015



 

Sections 1 to 3 amend the welfare data statute.

Subdivision 1 amends the definition of “welfare system” to include certain tribal social services or welfare agencies.

Section 2 adds the Department of Health to the list of the agencies that may exchange data and allows the sharing of data between the specified departments for purposes of program evaluations.

Section 3 allows investigative data to be released to an agent of the welfare system or an investigator, including law enforcement, or to a prosecuting attorney.

Section 4 amends a cross-reference in the Data Practices Act to add child care assistance program payment data, consistent with the amendments in section 7.

Section 5 adds a cross-reference in the Data Practices Act to data on medical assistance applicants and recipients, consistent with the new language in section 13.

Section 6 authorizes the Department of Public Safety to share certain private data with the Department of Human Services for purposes of medical assistance recovery for benefits paid for recipients injured in motor vehicle accidents.

Section 7 amends the child care assistance program payment data statute. Data, other than data that would identify the recipient, would be public if it involved a disqualification, substantiated maltreatment, refused or revoked child care authorization, a stopped or denied payment, or financial misconduct committed by a child care center. A definition of “payment data” is included.

Section 8 amends the privacy notice (“Tennessen” warning) for background study subjects who are younger than age 18. The notice must require the signature of a parent or other person who has legal responsibility for the minor to consent to the minor’s fingerprints and photograph being captured. An immediate effective date is included.

Section 9 provides that a background study subject must provide fingerprints within 14 days of initiation of the study. For studies completed by county agencies for family child care services, a subject who has resided in another state within the previous five years must provide a set of fingerprints for purposes of a national criminal history background check. An immediate effective date is included.

Section 10 authorizes the commissioner to do a national criminal history background check in cases where the subject resided in another state within the previous five years. An immediate effective date is included.

Section 11 requires the commissioner of public safety to provide the commissioner of human services (Office of Inspector General) with Social Security numbers of applicants whose driver’s license and identification cards have been cancelled.

Section 12 provides for the sharing of the Social Security number of an individual whose temporary legal presence date has expired, resulting in cancellation of a driver’s license or identification card.

Section 13 authorizes the commissioner of human services to enter into an inter-agency agreement with the commissioner of revenue to allow electronic data sharing on persons who applied for medical assistance or are current or former recipients. Data that may be shared pursuant to the agreement are specified.

Section 14 amends the data practices provisions under the Vulnerable Adult Reporting Act to include the common entry point, county agencies or their designees, state agencies, and tribes in data sharing language.

 
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