Certain investigations disclosure and withholding of payments within 30 days of a request requirement provision

A bill for an act

relating to data; requiring disclosure of certain investigations and withholding of

payments within 30 days of a request; amending Minnesota Statutes 2025

Supplement, section 13.46, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2025 Supplement, section 13.46, subdivision 3, is amended

to read:

Subd. 3.

Investigative data.

(a) Data on persons, including data on vendors of services,

licensees, and applicants that is collected, maintained, used, or disseminated by the welfare

system in an investigation, authorized by statute, and relating to the enforcement of rules

or law are confidential data on individuals pursuant to section
13.02, subdivision 3
, or

protected nonpublic data not on individuals pursuant to section
13.02, subdivision 13
, and

shall not be disclosed except:

(1) pursuant to section
13.05
;

(2) pursuant to statute or valid court order;

(3) to a party named in a civil or criminal proceeding, administrative or judicial, for

preparation of defense;

(4) to an agent or investigator acting on behalf of a county, state, or federal government,

including a law enforcement officer or attorney in the investigation or prosecution of a

criminal, civil, or administrative proceeding, unless the commissioner of human services;

the commissioner of children, youth, and families; or the Direct Care and Treatment executive

board determines that disclosure may compromise a Department of Human Services;

Department of Children, Youth, and Families; or Direct Care and Treatment ongoing

investigation; or

(5) to provide notices required or permitted by statute.

The data referred to in this subdivision shall be classified as public data upon submission

to an administrative law judge or court in an administrative or judicial proceeding. Inactive

welfare investigative data shall be treated as provided in section
13.39, subdivision 3
.

(b) Notwithstanding any other provision in law, the commissioner of human services or

the commissioner of children, youth, and families shall provide all active and inactive

investigative data, including the name of the reporter of alleged maltreatment under section

626.557 or chapter 260E, to the ombudsman for mental health and developmental disabilities

upon the request of the ombudsman.

(c) Notwithstanding paragraph (a) and section
13.39
, the existence of an investigation

by the commissioner of human services or the commissioner of children, youth, and families

of possible overpayments of public funds to a service provider or recipient or the reduction

or withholding of payments
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may
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must
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be disclosed
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if the commissioner determines that it

will not compromise the investigation
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within 30 days of a request
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.