Commissioner of commerce and commissioner of health access permission to certain data collected

A bill for an act

relating to health; allowing the commissioner of commerce and the commissioner

of health access to certain data collected; amending Minnesota Statutes 2024,

sections 62U.04, subdivision 13; 62W.06, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2024, section 62U.04, subdivision 13, is amended to read:

Subd. 13.

Expanded access to and use of the all-payer claims data.

(a) The

commissioner or the commissioner's designee shall make the data submitted under

subdivisions 4, 5, 5a, and 5b, including data classified as private or nonpublic, available to

individuals and organizations engaged in research on, or efforts to effect transformation in,

health care outcomes, access, quality, disparities, or spending, provided the use of the data

serves a public benefit
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, and for the commissioner of commerce, subject to the data use

provisions in subdivision 11, paragraph (b), to fulfill health insurance oversight duties
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. Data

made available under this subdivision may not be used to:

(1) create an unfair market advantage for any participant in the health care market in

Minnesota, including health plan companies, payers, and providers;

(2) reidentify or attempt to reidentify an individual in the data; or

(3) publicly report contract details between a health plan company and provider and

derived from the data.

(b) To implement paragraph (a), the commissioner shall:

(1) establish detailed requirements for data access; a process for data users to apply to

access and use the data; legally enforceable data use agreements to which data users must

consent; a clear and robust oversight process for data access and use, including a data

management plan, that ensures compliance with state and federal data privacy laws;

agreements for state agencies and the University of Minnesota to ensure proper and efficient

use and security of data; and technical assistance for users of the data and for stakeholders;

(2) develop a fee schedule to support the cost of expanded access to and use of the data,

provided the fees charged under the schedule do not create a barrier to access or use for

those most affected by disparities; and

(3) create a research advisory group to advise the commissioner on applications for data

use under this subdivision, including an examination of the rigor of the research approach,

the technical capabilities of the proposed user, and the ability of the proposed user to

successfully safeguard the data.

Sec. 2.

Minnesota Statutes 2024, section 62W.06, is amended by adding a subdivision to

read:

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Subd. 4.

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Intra-governmental data sharing.

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Notwithstanding subdivision 2, paragraph

(d), the commissioner shall provide the data collected under subdivision 2, paragraph (a),

to the commissioner of health.

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