Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF166 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to health; expanding maternal death studies conducted by the commissioner
3	3	1.3 of health to include maternal morbidity; amending Minnesota Statutes 2022, section
4	4	1.4 145.901.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2022, section 145.901, is amended to read:
7	7	1.7 145.901 MATERNAL MORBIDITY AND DEATH STUDIES.
8	8	1.8 Subdivision 1.Purpose.(a) The commissioner of health may conduct maternal morbidity
9	9	1.9and death studies to assist the planning, implementation, and evaluation of medical, health,
10	10	1.10and welfare service systems and to reduce the numbers of preventable adverse maternal
11	11	1.11outcomes and deaths in Minnesota.
12	12	1.12 (b) For purposes of this section, "maternal morbidity" has the meaning given to severe
13	13	1.13maternal morbidity by the Centers for Disease Control and Prevention, and includes an
14	14	1.14unexpected outcome of labor or delivery that results in significant short- or long-term
15	15	1.15consequences to a woman's health.
16	16	1.16 Subd. 2.Access to data.(a) The commissioner of health has access to medical data as
17	17	1.17defined in section 13.384, subdivision 1, paragraph (b), medical examiner data as defined
18	18	1.18in section 13.83, subdivision 1, and health records created, maintained, or stored by providers
19	19	1.19as defined in section 144.291, subdivision 2, paragraph (c), without the consent of the subject
20	20	1.20of the data, and without the consent of the parent, spouse, other guardian, or legal
21	21	1.21representative of the subject of the data, when the subject of the data is a woman who died
22	22	1.22or experienced morbidities during a pregnancy or within 12 months of a fetal death, a live
23	23	1.23birth, or other termination of a pregnancy.
24	24	1Section 1.
25	25	23-00160 as introduced10/25/22 REVISOR SGS/KA
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 166NINETY-THIRD SESSION
29	29	(SENATE AUTHORS: MORRISON and Mann)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading01/11/2023
32	32	Referred to Health and Human Services 2.1 The commissioner has access only to medical data and health records related to maternal
33	33	2.2morbidities and deaths that occur on or after July 1, 2000, including the names of the
34	34	2.3providers, clinics, or other health services such as family home visiting programs; the
35	35	2.4women, infants, and children (WIC) program; prescription monitoring programs; and
36	36	2.5behavioral health services, where care was received before, during, or related to the pregnancy
37	37	2.6or death. The commissioner has access to records maintained by family home visiting
38	38	2.7programs; the women, infants, and children (WIC) program; the prescription monitoring
39	39	2.8program; behavioral health services programs; substance use treatment facilities; law
40	40	2.9enforcement; and a medical examiner, a coroner, or hospitals or to hospital discharge data,
41	41	2.10for the purpose of providing the name and location of any pre-pregnancy, prenatal,
42	42	2.11postpartum, or other care received by the subject of the data up to one year after the end of
43	43	2.12the pregnancy.
44	44	2.13 (b) The provider or responsible authority that creates, maintains, or stores the data shall
45	45	2.14furnish the data upon the request of the commissioner. The provider or responsible authority
46	46	2.15may charge a fee for providing the data, not to exceed the actual cost of retrieving and
47	47	2.16duplicating the data.
48	48	2.17 (c) The commissioner shall make a good faith reasonable effort to notify the subject of
49	49	2.18the data, or the subject's parent, spouse, other guardian, or legal representative of the subject
50	50	2.19of the data before collecting data on the subject. For purposes of this paragraph, "reasonable
51	51	2.20effort" means one notice is sent by certified mail to the last known address of the subject
52	52	2.21of the data, or the subject's parent, spouse, guardian, or legal representative informing the
53	53	2.22recipient of the data collection and offering a public health nurse support visit if desired.
54	54	2.23 (d) The commissioner does not have access to coroner or medical examiner data that
55	55	2.24are part of an active investigation as described in section 13.83.
56	56	2.25 (e) The commissioner may request and receive from a coroner or medical examiner the
57	57	2.26name of the health care provider that provided prenatal, postpartum, or other health services
58	58	2.27to the subject of the data.
59	59	2.28 (f) The commissioner may access Department of Human Services data to identify sources
60	60	2.29of care and services to assist with the evaluation of welfare systems, including housing, to
61	61	2.30reduce preventable maternal deaths.
62	62	2.31 (g) The commissioner may request and receive law enforcement reports or incident
63	63	2.32reports related to the subject of the data.
64	64	2.33 Subd. 3.Management of records.After the commissioner has collected all data about
65	65	2.34a subject of a maternal morbidity or death study needed to perform the study, the data from
66	66	2Section 1.
67	67	23-00160 as introduced10/25/22 REVISOR SGS/KA 3.1source records obtained under subdivision 2, other than data identifying the subject, must
68	68	3.2be transferred to separate records to be maintained by the commissioner. Notwithstanding
69	69	3.3section 138.17, after the data have been transferred, all source records obtained under
70	70	3.4subdivision 2 possessed by the commissioner must be destroyed.
71	71	3.5 Subd. 4.Classification of data.(a) Data provided to the commissioner from source
72	72	3.6records under subdivision 2, including identifying information on individual providers, data
73	73	3.7subjects, or their children, and data derived by the commissioner under subdivision 3 for
74	74	3.8the purpose of carrying out maternal morbidity and death studies, are classified as confidential
75	75	3.9data on individuals or confidential data on decedents, as defined in sections 13.02, subdivision
76	76	3.103, and 13.10, subdivision 1, paragraph (a).
77	77	3.11 (b) Information classified under paragraph (a) shall not be subject to discovery or
78	78	3.12introduction into evidence in any administrative, civil, or criminal proceeding. Such
79	79	3.13information otherwise available from an original source shall not be immune from discovery
80	80	3.14or barred from introduction into evidence merely because it was utilized by the commissioner
81	81	3.15in carrying out maternal morbidity and death studies.
82	82	3.16 (c) Summary data on maternal morbidity and death studies created by the commissioner,
83	83	3.17which does not identify individual data subjects or individual providers, shall be public in
84	84	3.18accordance with section 13.05, subdivision 7.
85	85	3.19 (d) Data provided by the commissioner of human services to the commissioner of health
86	86	3.20under this section retain the same classification the data held when retained by the
87	87	3.21commissioner of human services, as required under section 13.03, subdivision 4, paragraph
88	88	3.22(c).
89	89	3.23 Subd. 5.Maternal Morbidity and Mortality Review Committee.(a) The commissioner
90	90	3.24of health shall convene a Maternal Morbidity and Mortality Review Committee to conduct
91	91	3.25maternal morbidity and death study reviews, make recommendations, and publicly share
92	92	3.26summary information. The commissioner shall appoint members to the review committee,
93	93	3.27and membership may include but is not limited to medical examiners or coroners,
94	94	3.28representatives of health care institutions that provide care to pregnant women, obstetric
95	95	3.29and midwifery practitioners, Medicaid representatives, representatives of state agencies,
96	96	3.30individuals from communities with disparate rates of maternal morbidity and mortality, and
97	97	3.31other subject matter experts as appropriate. Committee membership shall not exceed 25
98	98	3.32members. The review committee shall review data from source records obtained under
99	99	3.33subdivision 2, other than data identifying the subject or the provider.
100	100	3Section 1.
101	101	23-00160 as introduced10/25/22 REVISOR SGS/KA 4.1 (b) A person attending a Maternal Morbidity and Mortality Review Committee meeting
102	102	4.2shall not disclose what transpired at the meeting, except as necessary to carry out the purposes
103	103	4.3of the review committee. The proceedings and records of the review committee are protected
104	104	4.4nonpublic data as defined in section 13.02, subdivision 13. Discovery and introduction into
105	105	4.5evidence in legal proceedings of case review committee proceedings and records, and
106	106	4.6testimony in legal proceedings by review committee members and persons presenting
107	107	4.7information to the review committee, shall occur in compliance with the requirements in
108	108	4.8section 256.01, subdivision 12, paragraph (e).
109	109	4Section 1.
110	110	23-00160 as introduced10/25/22 REVISOR SGS/KA