https://www.revisor.mn.gov/statutes/?id=144.291

The Minnesota Health Records Act is found in Minnesota Statutes, sections 144.291, 144.292, 144.293,

144.294, 144.295, 144.296, 144.297, and 144.298.

144.291 MINNESOTA HEALTH RECORDS ACT.

Subdivision 1.Short title.

Sections 144.291 to 144.298 may be cited as the "Minnesota Health Records Act."

§Subd. 2.Definitions.

For the purposes of sections 144.291 to 144.298, the following terms have the meanings given.

(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

(b) "Health information exchange" means a legal arrangement between health care providers and group

purchasers to enable and oversee the business and legal issues involved in the electronic exchange of

health records between the entities for the delivery of patient care.

to the past, present, or future physical or mental health or condition of a patient; the provision of health

care to a patient; or the past, present, or future payment for the provision of health care to a patient.

(d) "Identifying information" means the patient's name, address, date of birth, gender, parent's or

guardian's name regardless of the age of the patient, and other nonclinical data which can be used to

uniquely identify a patient.

(e) "Individually identifiable form" means a form in which the patient is or can be identified as the subject

of the health records.

(f) "Medical emergency" means medically necessary care which is immediately needed to preserve life,

prevent serious impairment to bodily functions, organs, or parts, or prevent placing the physical or mental

health of the patient in serious jeopardy.

(g) "Patient" means a natural person who has received health care services from a provider for treatment

or examination of a medical, psychiatric, or mental condition, the surviving spouse and parents of a

deceased patient, or a person the patient appoints in writing as a representative, including a health care

agent acting according to chapter 145C, unless the authority of the agent has been limited by the

principal in the principal's health care directive. Except for minors who have received health care services

under sections 144.341 to 144.347, in the case of a minor, patient includes a parent or guardian, or a

person acting as a parent or guardian in the absence of a parent or guardian.

(h) "Patient information service" means a service providing the following query options: a record locator

service as defined in paragraph (j) or a master patient index or clinical data repository as defined in

section 62J.498, subdivision 1.

(i) "Provider" means:

(1) any person who furnishes health care services and is regulated to furnish the services under chapter

147, 147A, 147B, 147C, 147D, 148, 148B, 148D, 148F, 150A, 151, 153, or 153A;

(2) a home care provider licensed under section 144A.471;

(3) a health care facility licensed under this chapter or chapter 144A; and

(4) a physician assistant registered under chapter 147A.

(j) "Record locator service" means an electronic index of patient identifying information that directs

providers in a health information exchange to the location of patient health records held by providers and

group purchasers.

(k) "Related health care entity" means an affiliate, as defined in section 144.6521, subdivision 3, paragraph

(b), of the provider releasing the health records.

https://www.revisor.mn.gov/statutes/?id=144.291

History:

2007 c 147 art 10 s 2; 2012 c 187 art 1 s 21; 2012 c 197 art 2 s 44; 2015 c 71 art 8 s 18

144.292 PATIENT RIGHTS.

§Subdivision 1.Scope.

Patients have the rights specified in this section regarding the treatment the patient receives and the

patient's health record.

§Subd. 2.Patient access.

Upon request, a provider shall supply to a patient complete and current information possessed by that

provider concerning any diagnosis, treatment, and prognosis of the patient in terms and language the

patient can reasonably be expected to understand.

§Subd. 3.Additional patient rights.

A patient's right specified in this section and sections 144.293 to 144.298 are in addition to the rights

specified in sections 144.651 and 144.652 and any other provision of law relating to the access of a

patient to the patient's health records.

§Subd. 4.Notice of rights; information on release.

A provider shall provide to patients, in a clear and conspicuous manner, a written notice concerning

practices and rights with respect to access to health records. The notice must include an explanation of:

(1) disclosures of health records that may be made without the written consent of the patient, including

the type of records and to whom the records may be disclosed; and

(2) the right of the patient to have access to and obtain copies of the patient's health records and other

information about the patient that is maintained by the provider.

The notice requirements of this subdivision are satisfied if the notice is included with the notice and copy

of the patient and resident bill of rights under section 144.652 or if it is displayed prominently in the

provider's place of business. The commissioner of health shall develop the notice required in this

subdivision and publish it in the State Register.

§Subd. 5.Copies of health records to patients.

Except as provided in section 144.296, upon a patient's written request, a provider, at a reasonable cost to

the patient, shall promptly furnish to the patient:

(1) copies of the patient's health record, including but not limited to laboratory reports, x-rays,

prescriptions, and other technical information used in assessing the patient's health conditions; or

(2) the pertinent portion of the record relating to a condition specified by the patient.

With the consent of the patient, the provider may instead furnish only a summary of the record. The

provider may exclude from the health record written speculations about the patient's health condition,

except that all information necessary for the patient's informed consent must be provided.

§Subd. 6.Cost.

(a) When a patient requests a copy of the patient's record for purposes of reviewing current medical care,

the provider must not charge a fee.

(b) When a provider or its representative makes copies of patient records upon a patient's request under

this section, the provider or its representative may charge the patient or the patient's representative no

more than 75 cents per page, plus $10 for time spent retrieving and copying the records, unless other law

or a rule or contract provide for a lower maximum charge. This limitation does not apply to x-rays. The

provider may charge a patient no more than the actual cost of reproducing x-rays, plus no more than $10

for the time spent retrieving and copying the x-rays.

are in effect for calendar year 1992 and may be adjusted annually each calendar year as provided in this

https://www.revisor.mn.gov/statutes/?id=144.291

subdivision. The permissible maximum charges shall change each year by an amount that reflects the

change, as compared to the previous year, in the Consumer Price Index for all Urban Consumers,

Minneapolis-St. Paul (CPI-U), published by the Department of Labor.

(d) A provider or its representative may charge the $10 retrieval fee, but must not charge a per page fee

to provide copies of records requested by a patient or the patient's authorized representative if the

request for copies of records is for purposes of appealing a denial of Social Security disability income or

Social Security disability benefits under title II or title XVI of the Social Security Act; except that no fee shall

be charged to a person who is receiving public assistance, who is represented by an attorney on behalf of

a civil legal services program or a volunteer attorney program based on indigency. For the purpose of

further appeals, a patient may receive no more than two medical record updates without charge, but only

for medical record information previously not provided. For purposes of this paragraph, a patient's

authorized representative does not include units of state government engaged in the adjudication of

Social Security disability claims.

§Subd. 7.Withholding health records from patient.

(a) If a provider, as defined in section 144.291, subdivision 2, paragraph (h), clause (1), reasonably

determines that the information is detrimental to the physical or mental health of the patient, or is likely

to cause the patient to inflict self harm, or to harm another, the provider may withhold the information

from the patient and may supply the information to an appropriate third party or to another provider, as

defined in section 144.291, subdivision 2, paragraph (h), clause (1). The other provider or third party may

release the information to the patient.

(b) A provider, as defined in section 144.291, subdivision 2, paragraph (h), clause (3), shall release

information upon written request unless, prior to the request, a provider, as defined in section 144.291,

subdivision 2, paragraph (h), clause (1), has designated and described a specific basis for withholding the

information as authorized by paragraph (a).

§Subd. 8.Form.

By January 1, 2008, the Department of Health must develop a form that may be used by a patient to

request access to health records under this section. A form developed by the commissioner must be

accepted by a provider as a legally enforceable request under this section.

History:

2007 c 147 art 10 s 3; 2012 c 247 art 2 s 4

144.293 RELEASE OR DISCLOSURE OF HEALTH RECORDS.

§Subdivision 1.Release or disclosure of health records.

Health records can be released or disclosed as specified in subdivisions 2 to 9 and sections 144.294 and

144.295.

§Subd. 2.Patient consent to release of records.

A provider, or a person who receives health records from a provider, may not release a patient's health

records to a person without:

(1) a signed and dated consent from the patient or the patient's legally authorized representative

authorizing the release;

(2) specific authorization in law; or

(3) a representation from a provider that holds a signed and dated consent from the patient authorizing

the release.

§Subd. 3.Release from one provider to another.

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A patient's health record, including, but not limited to, laboratory reports, x-rays, prescriptions, and other

technical information used in assessing the patient's condition, or the pertinent portion of the record

relating to a specific condition, or a summary of the record, shall promptly be furnished to another

provider upon the written request of the patient. The written request shall specify the name of the

provider to whom the health record is to be furnished. The provider who furnishes the health record or

summary may retain a copy of the materials furnished. The patient shall be responsible for the reasonable

costs of furnishing the information.

§Subd. 4.Duration of consent.

Except as provided in this section, a consent is valid for one year or for a period specified in the consent

or for a different period provided by law.

§Subd. 5.Exceptions to consent requirement.

(a) This section 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;

(2) to other providers within related health care entities when necessary for the current treatment of the

patient; or

(3) to a health care facility licensed by this chapter, chapter 144A, or to the same types of health care

facilities licensed by this chapter and chapter 144A that are licensed in another state when a patient:

(i) is returning to the health care facility and unable to provide consent; or

(ii) who resides in the health care facility, has services provided by an outside resource under Code of

Federal Regulations, title 42, section 483.75(h), and is unable to provide consent.

(b) A provider may release a deceased patient's health care records to another provider for the purposes

of diagnosing or treating the deceased patient's surviving adult child.

§Subd. 6.Consent does not expire.

Notwithstanding subdivision 4, if a patient explicitly gives informed consent to the release of health

records for the purposes and restrictions in clause (1), (2), or (3), 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 releasing provider's 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; or

(3) the release of health records to a program in the welfare system, as defined in section 13.46, to the

extent necessary to coordinate services for the patient.

§Subd. 7.Exception to consent.

Subdivision 2 does not apply to the release of health records to the commissioner of health or the Health

Data Institute under chapter 62J, provided that the commissioner encrypts the patient identifier upon

receipt of the data.

§Subd. 8.Record locator or patient information service.

(a) A provider or group purchaser may release patient identifying information and information about the

location of the patient's health records to a record locator or patient information service without consent

from the patient, unless the patient has elected to be excluded from the service under paragraph (d). The

Department of Health may not access the record locator or patient information service or receive data

https://www.revisor.mn.gov/statutes/?id=144.291

from the service. Only a provider may have access to patient identifying information in a record locator or

patient information service. Except in the case of a medical emergency, a provider participating in a health

information exchange using a record locator or patient information service does not have access to

patient identifying information and information about the location of the patient's health records unless

the patient specifically consents to the access. A consent does not expire but may be revoked by the

patient at any time by providing written notice of the revocation to the provider.

(b) A health information exchange maintaining a record locator or patient information service must

maintain an audit log of providers accessing information in the service that at least contains information

on:

(1) the identity of the provider accessing the information;

(2) the identity of the patient whose information was accessed by the provider; and

(3) the date the information was accessed.

information service as a condition of payment or participation.

(d) A provider or an entity operating a record locator or patient information service must provide a

mechanism under which patients may exclude their identifying information and information about the

location of their health records from a record locator or patient information service. At a minimum, a

consent form that permits a provider to access a record locator or patient information service must

include a conspicuous check-box option that allows a patient to exclude all of the patient's information

from the service. A provider participating in a health information exchange with a record locator or

patient information service who receives a patient's request to exclude all of the patient's information

from the service or to have a specific provider contact excluded from the service is responsible for

removing that information from the service.

§Subd. 9.Documentation of release.

(a) 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. In the case of a release under section 144.294,

subdivision 2, the documentation must include the date and circumstances under which the release was

made, the person or agency to whom the release was made, and the records that were released.

(b) When a health record is released using a representation from a provider that holds a consent from the

patient, the releasing provider shall document:

(1) the provider requesting the health records;

(2) the identity of the patient;

(3) the health records requested; and

(4) the date the health records were requested.

§Subd. 10.Warranties regarding consents, requests, and disclosures.

(a) When requesting health records using consent, a person warrants that the consent:

(1) contains no information known to the person to be false; and

(2) accurately states the patient's desire to have health records disclosed or that there is specific

authorization in law.

(b) When requesting health records using consent, or a representation of holding a consent, a provider

warrants that the request:

(1) contains no information known to the provider to be false;

(2) accurately states the patient's desire to have health records disclosed or that there is specific

authorization in law; and

(3) does not exceed any limits imposed by the patient in the consent.

(1) has complied with the requirements of this section regarding disclosure of health records;

(2) knows of no information related to the request that is false; and

https://www.revisor.mn.gov/statutes/?id=144.291

(3) has complied with the limits set by the patient in the consent.

History:

2007 c 147 art 10 s 4; 1Sp2010 c 1 art 20 s 7; 2015 c 71 art 2 s 4; art 8 s 19,20

144.294 RECORDS RELATING TO MENTAL HEALTH.

§Subdivision 1.Provider inquiry.

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. Section 144.293, subdivisions 2 and 4, apply to

consents given under this subdivision.

§Subd. 2.Disclosure to law enforcement agency.

Notwithstanding section 144.293, subdivisions 2 and 4, a provider must disclose health records relating to

a patient's mental health to a law enforcement agency if the law enforcement agency provides the name

of the patient and communicates that the:

(1) patient is currently involved in an emergency interaction with the law enforcement agency; and

(2) disclosure of the records is necessary to protect the health or safety of the patient or of another

person.

The scope of disclosure under this subdivision is limited to the minimum necessary for law enforcement to

respond to the emergency. A law enforcement agency that obtains health records under this subdivision

shall maintain a record of the requestor, the provider of the information, and the patient's name. Health

records obtained by a law enforcement agency under this subdivision are private data on individuals as

defined in section 13.02, subdivision 12, and must not be used by law enforcement for any other purpose.

§Subd. 3.Records release for family and caretaker; mental health care.

(a) Notwithstanding section 144.293, a provider providing mental health care and treatment may disclose

health record information described in paragraph (b) about a patient to a family member of the patient or

other person who requests the information if:

(1) the request for information is in writing;

(2) the family member or other person lives with, provides care for, or is directly involved in monitoring

the treatment of the patient;

(3) the involvement under clause (2) is verified by the patient's mental health care provider, the patient's

attending physician, or a person other than the person requesting the information, and is documented in

the patient's medical record;

(4) before the disclosure, the patient is informed in writing of the request, the name of the person

requesting the information, the reason for the request, and the specific information being requested;

(5) the patient agrees to the disclosure, does not object to the disclosure, or is unable to consent or

object, and the patient's decision or inability to make a decision is documented in the patient's medical

record; and

(6) the disclosure is necessary to assist in the provision of care or monitoring of the patient's treatment.

(b) The information disclosed under this paragraph is limited to diagnosis, admission to or discharge from

treatment, the name and dosage of the medications prescribed, side effects of the medication,

consequences of failure of the patient to take the prescribed medication, and a summary of the discharge

plan.

https://www.revisor.mn.gov/statutes/?id=144.291

detrimental to the physical or mental health of the patient or is likely to cause the patient to inflict self

harm or to harm another, the provider must not disclose the information.

(d) This subdivision does not apply to disclosures for a medical emergency or to family members as

authorized or required under subdivision 1 or section 144.293, subdivision 5, clause (1).

History:

2007 c 147 art 10 s 5

144.295 DISCLOSURE OF HEALTH RECORDS FOR EXTERNAL RESEARCH.

§Subdivision 1.Methods of release.

(a) Notwithstanding section 144.293, subdivisions 2 and 4, health records may be released to an external

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) use reasonable efforts to 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;

(3) the provider must advise the patient of the rights specified in clause (4); and

(4) 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.

(b) Authorization may be established if an authorization is mailed at least two times to the patient's last

known address with a postage prepaid return envelope and a conspicuous notice that the patient's

medical records may be released if the patient does not object, and at least 60 days have expired since

the second notice was sent.

§Subd. 2.Duties of researcher.

In making a release for research purposes, the provider shall make a reasonable effort to determine that:

(1) the use or disclosure does not violate any limitations under which the record was collected;

(2) 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;

(3) 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

(4) 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.

History:

2007 c 147 art 10 s 6

144.296 COPIES OF VIDEOTAPES.

https://www.revisor.mn.gov/statutes/?id=144.291

A provider may not release a copy of a videotape of a child victim or alleged victim of physical or sexual

abuse without a court order under section 13.03, subdivision 6, or as provided in section 611A.90. This

section does not limit the right of a patient to view the videotape.

History:

2007 c 147 art 10 s 7

144.297 INDEPENDENT MEDICAL EXAMINATION.

Sections 144.291 to 144.298 apply to the subject and provider of an independent medical examination

requested by or paid for by a third party. Notwithstanding section 144.293, a provider may release health

records created as part of an independent medical examination to the third party who requested or paid

for the examination.

History:

2007 c 147 art 10 s 8

144.298 PENALTIES.

§Subdivision 1.Licensing action.

A violation of sections 144.291 to 144.298 may be grounds for disciplinary action against a provider by the

appropriate licensing board or agency.

§Subd. 2.Liability of provider or other person.

A person who does any of the following is liable to the patient for compensatory damages caused by an

unauthorized release or an intentional, unauthorized access, plus costs and reasonable attorney fees:

(1) negligently or intentionally requests or releases a health record in violation of sections 144.291 to

144.297;

(2) forges a signature on a consent form or materially alters the consent form of another person without

the person's consent;

(3) obtains a consent form or the health records of another person under false pretenses; or

(4) intentionally violates sections 144.291 to 144.297 by intentionally accessing a record locator or patient

information service without authorization.

§Subd. 3.Liability for record locator or patient information service.

A patient is entitled to receive compensatory damages plus costs and reasonable attorney fees if a health

information exchange maintaining a record locator or patient information service, or an entity maintaining

a record locator or patient information service for a health information exchange, negligently or

intentionally violates the provisions of section 144.293, subdivision 8.

History:

2007 c 147 art 10 s 9; 2012 c 247 art 2 s 5; 2015 c 71 art 8 s 21,22