.................... moves to amend H.F. No. 3610 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [325E.45] MINNESOTA MEDICAL PRIVACY PROTECTION ACT.
1.4 Subdivision 1. Citation. This section may be cited as the "Minnesota Medical
1.5Privacy Protection Act."
1.6 Subd. 2. Findings. The legislature finds and declares that the protection of financial
1.7and medical debt information of patients, and the provision of health care services,
1.8products, or devices to patients, is an important objective of the government of this state.
1.9The legislature also finds and declares that medical debt incurred by patients should not
1.10prevent patients from receiving health care services, products, or devices from health care
1.11providers that accept medical assistance. Therefore, the legislature finds and declares that
1.12it is in the public interest to ensure that health care providers that accept medical assistance
1.13do not unnecessarily disclose an individual patient's financial or medical debt information
1.14to another entity, and that such health care providers do not obtain or use information from
1.15any entity that gathers, maintains, evaluates, or distributes individual patient financial or
1.16debt information until after health care services, products, or devices have been provided
1.17by the health care provider to the patient.
1.18 Subd. 3. Purpose. The legislature declares it to be the purpose of this section to
1.19protect a patient's financial and medical debt information and to ensure the provision of
1.20health care services, products, or devices despite a patient's medical debt.
1.21 Subd. 4. Definitions. For the purposes of this section, the terms defined in this
1.22subdivision have the meanings given them.
1.23 (a) "Health care provider" has the meaning given in section 62J.03, subdivision
1.248, but does not include a "housing with services establishment," as defined in section
1.25144D.01, subdivision 4; an entity providing assisted living services, as described in section
1.26144G.01; or an entity licensed as a boarding care home under sections 144.50 to 144.56.
2.1 (b) "Medical debt information" means any information relating to the payment
2.2history or indebtedness of a patient regarding health care services, products, or devices
2.3provided by a health care provider to a patient.
2.4 Subd. 5. Prohibited conduct. A health care provider shall not disclose an individual
2.5patient's financial or medical debt information to another entity.
2.6 A health care provider shall not obtain or use information from any entity that
2.7gathers, maintains, evaluates, or distributes individual patient financial or debt information
2.8until after health care services, products, or devices have been provided by the health
2.9care provider to the patient.
2.10 Subd. 6. General exclusions. Nothing in this section prevents a health care
2.11provider from sharing an individual patient's financial or medical debt information with
2.12the patient; the patient's insurer; the patient's authorized third-party debt management
2.13services provider as defined in section 332A.02; a third-party debt collector as defined
2.14in section 332.31, that the health care provider has contracted to collect the patient's
2.15medical debt; an attorney, accountant, or auditor employed by or acting on behalf of the
2.16health care provider; or the local, county, state, or federal government as required by law.
2.17Nothing in this section prevents a health care provider from disclosing a court judgment
2.18obtained by the provider. Nothing in this section prevents a health care provider from
2.19discussing payment options or insurance coverage with a patient. This section only applies
2.20to medically necessary health care services, products, or devices and not to cosmetic
2.21procedures without any medical necessity.
2.22 Subd. 7. Severability clause. Each provision of this section is severable.
2.23Application of any provision in this section to a particular circumstance is severable. If
2.24any provision of this section or application of a provision of this section is found to be
2.25contrary to law and unenforceable, the remaining provisions and applications of this
2.26section shall remain valid and enforceable under section 645.20.
2.27 Subd. 8. Enforcement. This section may be enforced pursuant to section 8.31.
2.28EFFECTIVE DATE.This section is effective the day following final enactment.
Delete the title and insert:
relating to health; regulating medical debt information;proposing coding for new
law in Minnesota Statutes, chapter 325E."