Direct Care and Treatment data requirements modifications

A bill for an act

relating to state-operated human services; modifying Direct Care and Treatment

data requirements; amending Minnesota Statutes 2024, sections 13.04, subdivision

4a; 13.384, subdivision 1; 13.46, subdivision 1; Minnesota Statutes 2025

Supplement, section 13.46, subdivision 2.

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

Section 1.

Minnesota Statutes 2024, section 13.04, subdivision 4a, is amended to read:

Subd. 4a.

Sex offender program data; challenges.

Notwithstanding subdivision 4,

challenges to the accuracy or completeness of data maintained by the Direct Care and

Treatment sex offender program about a civilly committed sex offender as defined in section

246B.01, subdivision 1a
, must be submitted in writing to the data practices compliance

official of Direct Care and Treatment
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or a designee
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. The data practices compliance official
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or a designee
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must respond to the challenge as provided in this section.

Sec. 2.

Minnesota Statutes 2024, section 13.384, subdivision 1, is amended to read:

Subdivision 1.

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Definition
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Definitions
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.

As used in this section:

(a) "Directory information" means name of the patient, date admitted, and general

condition.

(b) "Medical data" are data collected because an individual was or is a patient or client

of a hospital, nursing home, medical center, clinic, health or nursing agency operated by a

government entity including business and financial records, data provided by private health

care facilities, and data provided by or about relatives of the individual.
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Medical data does

not include data collected, maintained, used, or disseminated by Direct Care and Treatment.
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Sec. 3.

Minnesota Statutes 2024, section 13.46, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "Individual" means an individual according to section
13.02, subdivision 8
, but does

not include a vendor of services.

(b) "Program" includes all programs for which authority is vested in a component of the

welfare system according to statute or federal law, including but not limited to Native

American Tribe programs that provide a service component of the welfare system, the

Minnesota family investment program, medical assistance, general assistance, general

assistance medical care formerly codified in chapter 256D, the child care assistance program,

and child support collections.

(c) "Welfare system" includes the Department of Human Services; Direct Care and

Treatment; the Department of Children, Youth, and Families; local social services agencies;

county welfare agencies; county public health agencies; county veteran services agencies;

county housing agencies; private licensing agencies; the public authority responsible for

child support enforcement; human services boards; community mental health center boards,

state hospitals, state nursing homes, the ombudsman for mental health and developmental

disabilities; Native American Tribes to the extent a Tribe provides a service component of

the welfare system; and persons, agencies, institutions, organizations, and other entities

under contract to any of the above agencies to the extent specified in the contract.

(d) "Mental health data" means data on individual clients and patients of community

mental health centers, established under section
245.62
, mental health divisions of counties

and other providers under contract to deliver mental health services,
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Direct Care and

Treatment mental health services,
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or the ombudsman for mental health and developmental

disabilities.

(e) "Fugitive felon" means a person who has been convicted of a felony and who has

escaped from confinement or violated the terms of probation or parole for that offense.

(f) "Private licensing agency" means an agency licensed by the commissioner of children,

youth, and families under chapter 142B to perform the duties under section
142B.30
.

Sec. 4.

Minnesota Statutes 2025 Supplement, section 13.46, subdivision 2, is amended to

read:

Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or disseminated

by the welfare system are private data on individuals, and shall not be disclosed except:

(1) according to section
13.05
;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

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

government, including a law enforcement person or attorney in the investigation or

prosecution of a criminal, civil, or administrative proceeding relating to the administration

of a program;

(5) to personnel of the welfare system who require the data to verify an individual's

identity; determine eligibility, amount of assistance, and the need to provide services to an

individual or family across programs; coordinate services for an individual or family;

evaluate the effectiveness of programs; assess parental contribution amounts; and investigate

suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to administer and evaluate tax refund or tax credit

programs and to identify individuals who may benefit from these programs, and prepare

the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article

17, section 6. The following information may be disclosed under this paragraph: an

individual's and their dependent's names, dates of birth, Social Security or individual taxpayer

identification numbers, income, addresses, and other data as required, upon request by the

Department of Revenue. Disclosures by the commissioner of revenue to the commissioner

of human services for the purposes described in this clause are governed by section
270B.14,

subdivision 1
. Tax refund or tax credit programs include, but are not limited to, the dependent

care credit under section
290.067
, the Minnesota working family credit under section

290.0671
, the property tax refund under section
290A.04
, and the Minnesota education

credit under section
290.0674
;

(9) between the Department of Human Services; the Department of Employment and

Economic Development; the Department of Children, Youth, and Families; Direct Care and

Treatment; and, when applicable, the Department of Education, for the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any

employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program, whether

alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child care

assistance program by exchanging data on recipients and former recipients of Supplemental

Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D,

256J, or 256K, child care assistance under chapter 142E, medical programs under chapter

256B or 256L; and

(iv) to analyze public assistance employment services and program utilization, cost,

effectiveness, and outcomes as implemented under the authority established in Title II,

Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.

Health records governed by sections
144.291
to 144.298 and "protected health information"

as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code

of Federal Regulations, title 45, parts 160-164, including health care claims utilization

information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of the

information is necessary to protect the health or safety of the individual or other individuals

or persons;

(11) data maintained by residential programs as defined in section
245A.02
may be

disclosed to the protection and advocacy system established in this state according to Part

C of Public Law 98-527 to protect the legal and human rights of persons with developmental

disabilities or other related conditions who live in residential facilities for these persons if

the protection and advocacy system receives a complaint by or on behalf of that person and

the person does not have a legal guardian or the state or a designee of the state is the legal

guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating

relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be

disclosed to the Minnesota Office of Higher Education to the extent necessary to determine

eligibility under section
136A.121, subdivision 2
, clause (5);

(14) participant Social Security or individual taxpayer identification numbers and names

collected by the telephone assistance program may be disclosed to the Department of

Revenue to conduct an electronic data match with the property tax refund database to

determine eligibility under section
237.70, subdivision 4a
;

(15) the current address of a Minnesota family investment program participant may be

disclosed to law enforcement officers who provide the name of the participant and notify

the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after

conviction, for a crime or attempt to commit a crime that is a felony under the laws of the

jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's

official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance may be disclosed to probation

officers and corrections agents who are supervising the recipient and to law enforcement

officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from a SNAP applicant or recipient households may be

disclosed to local, state, or federal law enforcement officials, upon their written request, for

the purpose of investigating an alleged violation of the Food and Nutrition Act, according

to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security or individual taxpayer identification number, and, if

available, photograph of any member of a household receiving SNAP benefits shall be made

available, on request, to a local, state, or federal law enforcement officer if the officer

furnishes the agency with the name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a

crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law;

or

(C) has information that is necessary for the officer to conduct an official duty related

to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) the current address of a recipient of Minnesota family investment program, general

assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,

provide the name of the recipient and notify the agency that the recipient is a person required

to register under section
243.166
, but is not residing at the address at which the recipient is

registered under section
243.166
;

(20) certain information regarding child support obligors who are in arrears may be

made public according to section
518A.74
;

(21) data on child support payments made by a child support obligor and data on the

distribution of those payments excluding identifying information on obligees may be

disclosed to all obligees to whom the obligor owes support, and data on the enforcement

actions undertaken by the public authority, the status of those actions, and data on the income

of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section
142A.29,

subdivision 7
;

(23) to the Department of Education for the purpose of matching Department of Education

student data with public assistance data to determine students eligible for free and

reduced-price meals, meal supplements, and free milk according to United States Code,

title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state

funds that are distributed based on income of the student's family; and to verify receipt of

energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency

contacts may be released to the commissioner of health or a community health board as

defined in section
145A.02, subdivision 5
, when the commissioner or community health

board has reason to believe that a program recipient is a disease case, carrier, suspect case,

or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this state,

including the attorney general, and agencies of other states, interstate information networks,

federal agencies, and other entities as required by federal regulation or law for the

administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section
518A.81
, for access

to the child support system database for the purpose of administration, including monitoring

and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by exchanging

data between the Departments of Human Services; Children, Youth, and Families; and

Education, on recipients and former recipients of SNAP benefits, cash assistance under

chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical

programs under chapter 256B or 256L, or a medical program formerly codified under chapter

256D;

(28) to evaluate child support program performance and to identify and prevent fraud

in the child support program by exchanging data between the Department of Human Services;

Department of Children, Youth, and Families; Department of Revenue under section
270B.14,

subdivision 1
, paragraphs (a) and (b), without regard to the limitation of use in paragraph

(c); Department of Health; Department of Employment and Economic Development; and

other state agencies as is reasonably necessary to perform these functions;

(29) counties and the Department of Children, Youth, and Families operating child care

assistance programs under chapter 142E may disseminate data on program participants,

applicants, and providers to the commissioner of education;

(30) child support data on the child, the parents, and relatives of the child may be

disclosed to agencies administering programs under titles IV-B and IV-E of the Social

Security Act, as authorized by federal law;

(31) to a health care provider governed by sections
144.291
to
144.298
, to the extent

necessary to coordinate services;

(32) to the chief administrative officer of a school to coordinate services for a student

and family; data that may be disclosed under this clause are limited to name, date of birth,

gender, and address;

(33) to county correctional agencies to the extent necessary to coordinate services and

diversion programs; data that may be disclosed under this clause are limited to name, client

demographics, program, case status, and county worker information; or

(34) between the Department of Human Services and the Metropolitan Council for the

following purposes:

(i) to coordinate special transportation service provided under section
473.386
with

services for people with disabilities and elderly individuals funded by or through the

Department of Human Services; and

(ii) to provide for reimbursement of special transportation service provided under section

473.386
.

The data that may be shared under this clause are limited to the individual's first, last, and

middle names; date of birth; residential address; and program eligibility status with expiration

date for the purposes of informing the other party of program eligibility.

(b) Information on persons who have been treated for substance use disorder may only

be disclosed according to the requirements of Code of Federal Regulations, title 42, sections

2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),

(17), or (18), or paragraph (b), are investigative data and are confidential or protected

nonpublic while the investigation is active. The data are private after the investigation

becomes inactive under section
13.82, subdivision 7
, clause (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are

not subject to the access provisions of subdivision 10, paragraph (b).

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(e)
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For the purposes of this subdivision, a request
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will be
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is
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deemed to be made in writing

if made through a computer interface system.

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(f) Direct Care and Treatment may disclose data pursuant to this subdivision regardless

of any restrictions on disclosure of that data under sections 144.291 to 144.298.

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(g) Notwithstanding section 144.2925, Direct Care and Treatment may disclose data as

permitted by law.

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(h) Direct Care and Treatment is not required to share with federal law enforcement data

on individuals collected, maintained, used, or disseminated by Direct Care and Treatment

that relate to the reporting of suspected crime unless specifically required to do so by a

Minnesota or federal law.

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(i) Direct Care and Treatment may disclose welfare system data held by the agency to

facilitate coordination of guardianship services for Direct Care and Treatment clients,

including but not limited to making disclosures in guardianship proceedings, identifying

potential guardians, communicating with guardianship legal representation, and reporting

complaints to the Minnesota Judicial Branch or the Office of Ombudsman for Mental Health

and Developmental Disabilities. Direct Care and Treatment must obtain the client's consent

to the disclosure except when the client:

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(1) lacks capacity to provide the consent; or

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(2) has a current legal guardian who is unavailable, is nonresponsive, or refuses to

authorize the disclosure in relation to complaints to the Minnesota Judicial Branch or Office

of Ombudsman for Mental Health and Developmental Disabilities.

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