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Can I collect health information from participants in Minnesota? What are the requirements?

Requirements for Collecting Health Information from Participants in Minnesota

If you are planning to collect health information from participants in Minnesota, you must comply with the Minnesota Health Records Act [1.1]. The Act defines health record as any information, whether oral or recorded in any form or medium, that relates to the past, present, or future physical or mental health or condition of a patient; the provision of health care to a patient; or the past, present, or future payment for the provision of health care to a patient.

Identifying Information

The Act defines identifying information as the patient’s name, address, date of birth, gender, parent’s or guardian’s name regardless of the age of the patient, and other nonclinical data which can be used to uniquely identify a patient [1.1].

Before collecting health information from participants, you must obtain their consent as required by the procedures under sections 144.7401 to 144.7415 [1.5].

Confidentiality

You must ensure the confidentiality of the health information collected from participants. The Act requires that health information be kept in individually identifiable form only as necessary to accomplish the purpose for which it was collected [1.1].

Release of Private or Confidential Data

For providers regulated pursuant to sections 144A.43 to 144A.482 and chapter 144G, the Department of Health may release private or confidential data, except Social Security numbers, to the appropriate state, federal, or local agency and law enforcement office to enhance investigative or enforcement efforts or further a public health protective process [1.4].

Interconnected Electronic Health Record Grants

If you are an eligible community e-health collaborative, community clinic, regional or community-based health information exchange, or community health board, you may apply for grants to improve the implementation and use of interoperable electronic health records [1.2].

Penalties

Unauthorized release of information about the source individual may result in penalties under section 144.7412 [1.5].

In summary, you can collect health information from participants in Minnesota, but you must comply with the Minnesota Health Records Act, obtain consent, ensure confidentiality, and be aware of penalties for unauthorized release of information. Additionally, if you are an eligible community e-health collaborative, community clinic, regional or community-based health information exchange, or community health board, you may apply for grants to improve the implementation and use of interoperable electronic health records.

Source(s):
Jurisdiction

Minnesota