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S.F. No. 2897 - Minnesota Health Records Act
 
Author: Senator Melissa H. Wiklund
 
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
 
Date: March 29, 2016



 

SF 2897 modifies the definition of health records in the Minnesota Health Records Act.

Section 1 (72A.501, subd. 4) modifies the provision related to insurance industry authorizations by providing that the authorization is valid for one year or for a period specified in the authorization or as provided in law.

Section 2 (72A.502, subd. 6) modifies a provision related to permitted disclosures of certain personal or privileged information by adding that disclosure without written authorization is permitted if permitted or required by a state or federal law or regulation.

Section 3 (144.291, subd. 2) modifies the definition of health record for purposes of the Minnesota Health Records Act by stating that it means any protected health information as defined in HIPAA.  (Health Insurance Portability and Accountability Act of 1996).  Also adds a definition of HIPAA.

Section 4 (144.293, subd. 2) permits the release of a patient’s health records by a provider or a person who receives health records from a provider without a signed and dated consent from the patient or the patient’s legally authorized representative authorizing release if permitted or required under HIPAA or specific authorization in other applicable state or federal law.

Section 5 (144.293, subd. 3) specifies that the release of a patient’s health record from one provider to another as permitted under this subdivision is in addition to the release or disclosure of health records authorized under subdivision 2 (section 4).

Section 6 (144.293, subd. 5) specifies that the exceptions to be released of a patient’s health record permitted under this subdivision is in addition to the release or disclosure of health records authorized under subdivision 2 (section 4).

Section 7 (144.293, subd. 8) specifies that the release of patient identifying information and information about the location of a patient’s health records to a record locator permitted under this subdivision is in addition to the release or disclosure of health records authorized under subdivision 2 (section 4).

Section 8 (144.295, subd. 1) specifies that the release of health records to an external researcher permitted under this subdivision is in addition to the release or disclosure permitted under section 144.293 (section 4).

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