Minnesota Statutes 13.3805 – Public Health Data
Subdivision 1.Health data generally.
(a) Definitions. As used in this subdivision:
Terms Used In Minnesota Statutes 13.3805
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the commissioner of the Department of Administration. See Minnesota Statutes 13.02
- Data on individuals: means all government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data are not accessed by the name or other identifying data of any individual. See Minnesota Statutes 13.02
- individual: includes a parent or guardian or an individual acting as a parent or guardian in the absence of a parent or guardian, except that the responsible authority shall withhold data from parents or guardians, or individuals acting as parents or guardians in the absence of parents or guardians, upon request by the minor if the responsible authority determines that withholding the data would be in the best interest of the minor. See Minnesota Statutes 13.02
- Summary data: means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify an individual is ascertainable. See Minnesota Statutes 13.02
(1) “Commissioner” means the commissioner of health.
(2) “Health data” are data on individuals created, collected, received, or maintained by the Department of Health, political subdivisions, or statewide systems relating to the identification, description, prevention, and control of disease or as part of an epidemiologic investigation the commissioner designates as necessary to analyze, describe, or protect the public health.
(b) Data on individuals. (1) Health data are private data on individuals. Notwithstanding section 13.05, subdivision 9, health data may not be disclosed except as provided in this subdivision and section 13.04.
(2) The commissioner or a community health board as defined in section 145A.02, subdivision 5, may disclose health data to the data subject’s physician as necessary to locate or identify a case, carrier, or suspect case, to establish a diagnosis, to provide treatment, to identify persons at risk of illness, or to conduct an epidemiologic investigation.
(3) With the approval of the commissioner, health data may be disclosed to the extent necessary to assist the commissioner to locate or identify a case, carrier, or suspect case, to alert persons who may be threatened by illness as evidenced by epidemiologic data, to control or prevent the spread of serious disease, or to diminish an imminent threat to the public health.
(c) Health summary data. Summary data derived from data collected under section 145.413 may be provided under section 13.05, subdivision 7.
Subd. 2.Huntington’s Disease data.
All data created, collected, received, or maintained by the commissioner of health on individuals relating to genetic counseling services for Huntington’s Disease provided by the Department of Health are private data on individuals. The data may be permanently transferred from the department to the Hennepin County Medical Center, and once transferred, shall continue to be classified as private data on individuals.
Subd. 3.Office of Health Facility Complaints; investigative data.
Except for investigative data under chapter 260E, all investigative data maintained by the Department of Health’s Office of Health Facility Complaints are subject to provisions of and classified pursuant to section 626.557, subdivision 12b, paragraphs (b) to (d). Notwithstanding sections 260E.21, subdivision 1; 260E.35; and 626.557, subdivision 12b, paragraph (b), data identifying an individual substantiated as the perpetrator are public data. For purposes of this subdivision, an individual is substantiated as the perpetrator if the commissioner of health determines that the individual is the perpetrator and the determination of the commissioner is upheld after the individual either exercises applicable administrative appeal rights or fails to exercise these rights within the time allowed by law.
Subd. 4.Drinking water testing data.
Data maintained by the Department of Health or community public water systems that identify the address of the testing site and the name, address, and telephone number of residential homeowners of each specific site that is tested for lead and copper as required by the federal Safe Drinking Water Act, the United States Environmental Protection Agency’s lead and copper rule, and the department’s drinking water protection program are private data on individuals or nonpublic data.
Subd. 5.Radon testing and mitigation data.
Data maintained by the Department of Health that identify the address of a radon testing or mitigation site, and the name, address, email address, and telephone number of residents and residential property owners of a radon testing or mitigation site, are private data on individuals or nonpublic data.