Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1810 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; requiring the commissioner of health to establish a provider
3	3	1.3 orders for life-sustaining treatment program; authorizing rulemaking; classifying
4	4	1.4 data; establishing immunity for certain acts; appropriating money; amending
5	5	1.5 Minnesota Statutes 2024, section 13.3806, by adding a subdivision; proposing
6	6	1.6 coding for new law in Minnesota Statutes, chapter 145C.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 13.3806, is amended by adding a subdivision
9	9	1.9to read:
10	10	1.10 Subd. 23.POLST registry data.Data collected and maintained by the POLST registry
11	11	1.11is governed by section 145C.27.
12	12	1.12 Sec. 2. [145C.20] CITATION.
13	13	1.13 Sections 145C.20 to 145C.28 may be cited as the "Provider Orders for Life-Sustaining
14	14	1.14Treatment Program Act."
15	15	1.15 Sec. 3. [145C.21] DEFINITIONS.
16	16	1.16 Subdivision 1.Application.For purposes of sections 145C.20 to 145C.28, the following
17	17	1.17terms have the meanings given.
18	18	1.18 Subd. 2.Authorized user."Authorized user" means a person authorized by the
19	19	1.19commissioner to provide information to or obtain information from the POLST registry
20	20	1.20established under section 145C.24.
21	21	1.21 Subd. 3.Commissioner."Commissioner" means the commissioner of health.
22	22	1Sec. 3.
23	23	REVISOR SGS/DG 25-0087212/03/24
24	24	State of Minnesota
25	25	This Document can be made available
26	26	in alternative formats upon request
27	27	HOUSE OF REPRESENTATIVES
28	28	H. F. No. 1810
29	29	NINETY-FOURTH SESSION
30	30	Authored by Huot03/03/2025
31	31	The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1 Subd. 4.Life-sustaining treatment."Life-sustaining treatment" means any medical
32	32	2.2procedure, prescription drug, medical device, or medical intervention that maintains life by
33	33	2.3sustaining, restoring, or supplanting a vital function. Life-sustaining treatment does not
34	34	2.4include routine care necessary to keep a patient clean or comfortable.
35	35	2.5 Subd. 5.Minnesota POLST Steering Committee."Minnesota POLST Steering
36	36	2.6Committee" means the multidisciplinary committee established and administered by the
37	37	2.7Minnesota Medical Association that provides POLST education and training according to
38	38	2.8a contract with the commissioner.
39	39	2.9 Subd. 6.Nurse practitioner."Nurse practitioner" means an individual licensed by the
40	40	2.10Board of Nursing under sections 148.171 to 148.285 as an advanced practice registered
41	41	2.11nurse and certified by a national nurse certification organization acceptable to the board to
42	42	2.12practice as a nurse practitioner.
43	43	2.13 Subd. 7.Physician."Physician" means an individual licensed by the Board of Medical
44	44	2.14Practice under chapter 147 as a doctor of medicine or doctor of osteopathic medicine.
45	45	2.15 Subd. 8.Physician assistant."Physician assistant" means an individual licensed by the
46	46	2.16Board of Medical Practice under chapter 147A as a physician assistant.
47	47	2.17 Subd. 9.POLST."POLST" means a provider order for life-sustaining treatment signed
48	48	2.18by a physician, nurse practitioner, or physician assistant.
49	49	2.19 Subd. 10.POLST program."POLST program" means the program established under
50	50	2.20section 145C.23 and includes the POLST registry established under section 145C.24, the
51	51	2.21POLST registry call center established under section 145C.25, and the education and training
52	52	2.22required under section 145C.26, subdivision 1.
53	53	2.23 Sec. 4. [145C.22] POLST NOT REQUIRED; REVOCATION; CHOICE TO
54	54	2.24REMOVE OR NOT INCLUDE.
55	55	2.25 (a) Nothing in sections 145C.20 to 145C.28:
56	56	2.26 (1) requires a patient to have a POLST;
57	57	2.27 (2) requires a physician, nurse practitioner, or physician assistant to execute a POLST
58	58	2.28for a patient; or
59	59	2.29 (3) requires the commissioner to prescribe the form or content of a POLST or to
60	60	2.30disseminate forms to be used for a POLST.
61	61	2.31 (b) The patient for whom a POLST is executed, or the patient's legal representative:
62	62	2Sec. 4.
63	63	REVISOR SGS/DG 25-0087212/03/24 3.1 (1) may at any time revoke the patient's POLST;
64	64	3.2 (2) may at any time choose to have the patient's POLST removed from the POLST
65	65	3.3registry; and
66	66	3.4 (3) may choose to not have the patient's POLST included in the POLST registry.
67	67	3.5 Sec. 5. [145C.23] POLST PROGRAM ESTABLISHED.
68	68	3.6 (a) The commissioner must establish and administer a statewide POLST program to
69	69	3.7help ensure the medical treatment preferences of a patient nearing the end of the patient's
70	70	3.8life are honored. In establishing the POLST program, the commissioner must comply with
71	71	3.9all applicable state and federal privacy and security laws and must pursue any changes to
72	72	3.10state law needed to establish and administer the program.
73	73	3.11 (b) The POLST program must be based on and consistent with the recommendations in
74	74	3.12the report required under Laws 2023, chapter 70, article 4, section 100, subdivision 3.
75	75	3.13 Sec. 6. [145C.24] POLST REGISTRY.
76	76	3.14 Subdivision 1.Registry established.The commissioner must establish and administer
77	77	3.15a statewide POLST registry for the collection and dissemination of provider orders for
78	78	3.16life-sustaining treatment. The POLST registry must be aligned with the most recent federal
79	79	3.17and state health information technology standards and policies to achieve interoperability,
80	80	3.18improve quality, and leverage national and state activities.
81	81	3.19 Subd. 2.Authorized users.(a) Authorized users of the POLST registry must include
82	82	3.20but are not limited to:
83	83	3.21 (1) emergency medical responders as defined in section 144E.001, subdivision 6;
84	84	3.22 (2) medical response units registered under section 144E.275;
85	85	3.23 (3) emergency medical technicians, advanced emergency medical technicians, and
86	86	3.24paramedics as defined in section 144E.001, subdivisions 5c, 5d, and 5e; and
87	87	3.25 (4) health care professionals providing services at a hospital, medical clinic, assisted
88	88	3.26living facility, or skilled nursing facility, or providing services with a home care provider
89	89	3.27or hospice provider.
90	90	3.28 (b) Authorized users of the POLST registry are subject to state and federal privacy and
91	91	3.29security laws and policies, as applicable according to the authorized user's role and
92	92	3.30organization.
93	93	3Sec. 6.
94	94	REVISOR SGS/DG 25-0087212/03/24 4.1 Subd. 3.Submission.(a) The POLST registry must permit authorized users to submit
95	95	4.2to the registry:
96	96	4.3 (1) except POLSTs which a patient or the patient's legal representative chooses to not
97	97	4.4include in the registry, a copy of each current and valid POLST; and
98	98	4.5 (2) notice of revocation of the POLST, if the patient or the patient's legal representative
99	99	4.6revokes the POLST.
100	100	4.7 (b) Unless a patient or the patient's legal representative chooses to not have the patient's
101	101	4.8POLST included in the registry, all current and valid POLSTs must be submitted to the
102	102	4.9registry in a prompt manner. An effort must be made to ensure that all current and valid
103	103	4.10POLSTs, other than those which a patient or the patient's legal representative chooses to
104	104	4.11not include in the registry, are submitted to the registry.
105	105	4.12 Subd. 4.Obtaining POLSTs.(a) The POLST registry must have multiple methods for
106	106	4.13authorized users to obtain POLSTs in a timely manner regardless of the authorized user's
107	107	4.14location or technological capabilities. Access may be provided through a web-based portal,
108	108	4.15a POLST registry call center accessed by telephone or radio, and an electronic health record.
109	109	4.16 (b) The POLST registry must have one or more consumer access methods for patients
110	110	4.17and their legal representatives to obtain the patient's POLST.
111	111	4.18 Subd. 5.Access by qualified researchers.The commissioner may authorize qualified
112	112	4.19researchers to access data from POLSTs in the POLST registry. If the commissioner
113	113	4.20authorizes qualified researchers to access data from POLSTs, the commissioner must adopt
114	114	4.21rules governing qualified researcher access to data from POLSTs that must at least address:
115	115	4.22 (1) the process for a qualified researcher to request access to data from POLSTs in the
116	116	4.23POLST registry;
117	117	4.24 (2) the types of data a qualified researcher may access; and
118	118	4.25 (3) steps a qualified researcher must take to protect data obtained under this subdivision.
119	119	4.26 Subd. 6.Contract.The commissioner may contract with a public or private entity to
120	120	4.27establish and administer the POLST registry.
121	121	4.28 Sec. 7. [145C.25] POLST REGISTRY CALL CENTER.
122	122	4.29 The commissioner must establish and administer a POLST registry call center that must
123	123	4.30operate 24 hours a day, seven days a week to allow authorized users to obtain POLSTs from
124	124	4.31the POLST registry without the use of broadband service. The POLST registry call center:
125	125	4Sec. 7.
126	126	REVISOR SGS/DG 25-0087212/03/24 5.1 (1) must allow authorized users to obtain POLSTs from the POLST registry by telephone
127	127	5.2or radio; and
128	128	5.3 (2) must be staffed with medically knowledgeable staff.
129	129	5.4 Sec. 8. [145C.26] MINNESOTA POLST STEERING COMMITTEE.
130	130	5.5 Subdivision 1.Training and education.The commissioner must contract with the
131	131	5.6Minnesota POLST Steering Committee to develop and provide training and education to
132	132	5.7the public, authorized users, and other health care providers on the use of POLSTs and on
133	133	5.8the POLST registry.
134	134	5.9 Subd. 2.Advice to commissioner.The Minnesota POLST Steering Committee must
135	135	5.10advise the commissioner on:
136	136	5.11 (1) the form and content of a valid POLST, including any updates to a POLST; and
137	137	5.12 (2) the procedure for completing a valid POLST.
138	138	5.13 Sec. 9. [145C.27] DATA PRACTICES.
139	139	5.14 Except for access authorized under section 145C.24 or 145C.25, all data collected,
140	140	5.15received, or maintained by the POLST registry that identifies or could be used to identify
141	141	5.16a patient, authorized user, health care provider, or health care facility is classified as private
142	142	5.17data on individuals as defined in section 13.02, subdivision 12, or nonpublic data as defined
143	143	5.18in section 13.02, subdivision 9. Data in the POLST registry is not subject to a civil or
144	144	5.19administrative subpoena and is not subject to discovery in a civil action, including but not
145	145	5.20limited to a judicial, administrative, arbitration, or mediation proceeding.
146	146	5.21 Sec. 10. [145C.28] IMMUNITY.
147	147	5.22 A person who reports information in good faith to the POLST registry or who acts in
148	148	5.23good faith on information obtained from the POLST registry is immune from any civil
149	149	5.24liability or criminal prosecution that might otherwise apply to the reporting of information
150	150	5.25to the POLST registry or acting on information obtained from the POLST registry.
151	151	5.26 Sec. 11. IMPLEMENTATION.
152	152	5.27 All elements of the POLST program as defined in Minnesota Statutes, section 145C.21,
153	153	5.28subdivision 10, must be implemented by January 1, 2026.
154	154	5Sec. 11.
155	155	REVISOR SGS/DG 25-0087212/03/24 6.1 Sec. 12. APPROPRIATIONS.
156	156	6.2 (a) $500,000 in fiscal year 2026 is appropriated from the general fund to the commissioner
157	157	6.3of health for establishment and administration of the POLST registry and POLST registry
158	158	6.4call center under Minnesota Statutes, sections 145C.24 and 145C.25. The base for this
159	159	6.5appropriation is $400,000 in fiscal year 2027 and $400,000 in fiscal year 2028.
160	160	6.6 (b) $100,000 in fiscal year 2026 is appropriated from the general fund to the commissioner
161	161	6.7of health for a contract with the Minnesota POLST Steering Committee under Minnesota
162	162	6.8Statutes, section 145C.26, subdivision 1.
163	163	6Sec. 12.
164	164	REVISOR SGS/DG 25-0087212/03/24