Certain obsolete language removal, repeal, and modification

A bill for an act

relating to health; changing, removing, and repealing certain obsolete language;

amending Minnesota Statutes 2024, sections 62J.17, subdivision 6a; 62J.2930,

subdivision 1; 144.293, subdivision 7; Minnesota Statutes 2025 Supplement,

section 3.732, subdivision 1; repealing Minnesota Statutes 2024, sections 13D.08,

subdivision 4; 62J.06; 62J.156; 62J.2930, subdivision 4; 62J.57.

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

Section 1.

Minnesota Statutes 2025 Supplement, section 3.732, subdivision 1, is amended

to read:

Subdivision 1.

Definitions.

As used in this section and section
3.736
the terms defined

in this section have the meanings given them.

(1) "State" includes each of the departments, boards, agencies, commissions, courts, and

officers in the executive, legislative, and judicial branches of the state of Minnesota and

includes but is not limited to the Housing Finance Agency, the Minnesota Office of Higher

Education, the Health and Education Facilities Authority,
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the Health Technology Advisory

Committee,
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the Armory Building Commission, the Zoological Board, the Department of

Iron Range Resources and Rehabilitation, the Minnesota Historical Society, the State

Agricultural Society, the University of Minnesota, the Minnesota State Colleges and

Universities, state hospitals, and state penal institutions. It does not include a city, town,

county, school district, or other local governmental body corporate and politic.

(2) "Employee of the state" means all present or former officers, members, directors, or

employees of the state, members of the Minnesota National Guard, members of a bomb

disposal unit approved by the commissioner of public safety and employed by a municipality

defined in section
466.01
when engaged in the disposal or neutralization of bombs or other

similar hazardous explosives, as defined in section
299C.063
, outside the jurisdiction of the

municipality but within the state, or persons acting on behalf of the state in an official

capacity, temporarily or permanently, with or without compensation. It does not include

either an independent contractor except, for purposes of this section and section
3.736
only,

a guardian ad litem acting under court appointment, or members of the Minnesota National

Guard while engaged in training or duty under United States Code, title 10, or title 32,

section 316, 502, 503, 504, or 505, as amended through December 31, 1983. Notwithstanding

sections
43A.02
and
611.263
, for purposes of this section and section
3.736
only, "employee

of the state" includes a district public defender or assistant district public defender in the

Second or Fourth Judicial District
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, a member of the Health Technology Advisory Committee,
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and any officer, agent, or employee of the state of Wisconsin performing work for the state

of Minnesota pursuant to a joint state initiative.

(3) "Scope of office or employment" means that the employee was acting on behalf of

the state in the performance of duties or tasks lawfully assigned by competent authority.

(4) "Judicial branch" has the meaning given in section
43A.02, subdivision 25
.

Sec. 2.

Minnesota Statutes 2024, section 62J.17, subdivision 6a, is amended to read:

Subd. 6a.

Prospective review and approval.

(a) No health care provider subject to

prospective review under this subdivision shall make a major spending commitment unless:

(1) the provider has filed an application with the commissioner to proceed with the major

spending commitment and has provided all supporting documentation and evidence requested

by the commissioner; and

(2) the commissioner determines, based upon this documentation and evidence, that the

major spending commitment is appropriate under the criteria provided in subdivision 5a in

light of the alternatives available to the provider.

(b) A provider subject to prospective review and approval shall submit an application

to the commissioner before proceeding with any major spending commitment. The provider

may submit information, with supporting documentation, regarding why the major spending

commitment should be excepted from prospective review under subdivision 7.

(c) The commissioner shall determine, based upon the information submitted, whether

the major spending commitment is appropriate under the criteria provided in subdivision

5a, or whether it should be excepted from prospective review under subdivision 7. In making

this determination, the commissioner may also consider relevant information from other

sources.
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At the request of the commissioner, the health technology advisory committee shall

convene an expert review panel made up of persons with knowledge and expertise regarding

medical equipment, specialized services, health care expenditures, and capital expenditures

to review applications and make recommendations to the commissioner.
deleted text end
The commissioner

shall make a decision on the application within 60 days after an application is received.

(d) The commissioner of health has the authority to issue fines, seek injunctions, and

pursue other remedies as provided by law.

Sec. 3.

Minnesota Statutes 2024, section 62J.2930, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner of health shall establish an information

clearinghouse within the Department of Health to facilitate the ability of consumers,

employers, providers, health plan companies, and others to obtain information on health

reform activities in Minnesota. The commissioner shall make available through the

clearinghouse updates on federal and state health reform activities, including information

developed or collected by the Department of Health on cost containment or other research

initiatives, the development of voluntary purchasing pools, action plans submitted by health

plan companies, reports or recommendations of
deleted text begin
the Health Technology Advisory Committee

and other
deleted text end
entities on technology assessments, and reports or recommendations from other

formal committees applicable to health reform activities. The clearinghouse shall also refer

requestors to sources of further information or assistance. The clearinghouse is subject to

chapter 13.

Sec. 4.

Minnesota Statutes 2024, section 144.293, subdivision 7, is amended to read:

Subd. 7.

Exception to consent.

Subdivision 2 does not apply to the release of health

records to the commissioner of health
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or the Health Data Institute under chapter 62J
deleted text end
, provided

that the commissioner encrypts the patient identifier upon receipt of the data.

Sec. 5.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, sections 13D.08, subdivision 4; 62J.06; 62J.156; 62J.2930,

subdivision 4; and 62J.57,

new text end

new text begin

are repealed.

new text end

APPENDIX

Repealed Minnesota Statutes: 26-06191

13D.08 OPEN MEETING LAW CODED ELSEWHERE.

Subd. 4.

Health Technology Advisory Committee.

Certain meetings of the Health Technology Advisory Committee are governed by section
62J.156
.

62J.06 IMMUNITY FROM LIABILITY.

No member of the Health Technology Advisory Committee shall be held civilly or criminally liable for an act or omission by that person if the act or omission was in good faith and within the scope of the member's responsibilities under this chapter.

62J.156 CLOSED COMMITTEE HEARINGS.

Notwithstanding chapter 13D, the Health Technology Advisory Committee may meet in closed session to discuss a specific technology or procedure that involves data received that have been classified as nonpublic data, where disclosure of the data would cause harm to the competitive or economic position of the source of the data.

62J.2930 INFORMATION CLEARINGHOUSE.

Subd. 4.

Coordination.

To the extent possible, the commissioner shall coordinate the activities of the clearinghouse with the activities of the Minnesota Health Data Institute.

62J.57 MINNESOTA CENTER FOR HEALTH CARE ELECTRONIC DATA INTERCHANGE.

(a) It is the intention of the legislature to support, to the extent of funds appropriated for that purpose, the creation of the Minnesota Center for Health Care Electronic Data Interchange as a broad-based effort of public and private organizations representing group purchasers, health care providers, and government programs to advance the use of health care electronic data interchange in the state. The center shall attempt to obtain private sector funding to supplement legislative appropriations, and shall become self-supporting by the end of the second year.

(b) The Minnesota Center for Health Care Electronic Data Interchange shall facilitate the statewide implementation of electronic data interchange standards in the health care industry by:

(1) coordinating and ensuring the availability of quality electronic data interchange education and training in the state;

(2) developing an extensive, cohesive health care electronic data interchange education curriculum;

(3) developing a communications and marketing plan to publicize electronic data interchange education activities, and the products and services available to support the implementation of electronic data interchange in the state;

(4) administering a resource center that will serve as a clearinghouse for information relative to electronic data interchange, including the development and maintenance of a health care constituents database, health care directory and resource library, and a health care communications network through the use of electronic bulletin board services and other network communications applications; and

(5) providing technical assistance in the development of implementation guides, and in other issues including legislative, legal, and confidentiality requirements.