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Can I ensure that my company is compliant with expanding privacy protections in Minnesota? What are the requirements?

Requirements for Ensuring Compliance with Privacy Protections in Minnesota

To ensure that your company is compliant with expanding privacy protections in Minnesota, you must adhere to the following requirements:

  1. Obtain Authorization for Disclosure of Personally Identifiable Information: An Internet service provider may disclose personally identifiable information concerning a consumer only with the authorization of the consumer [5.1]. The Internet service provider may obtain the consumer’s authorization of the disclosure of personally identifiable information in writing or by electronic means. The request for authorization must reasonably describe the types of persons to whom personally identifiable information may be disclosed and the anticipated uses of the information [5.1].
  2. Submit Proof of Coverage under a Fidelity Bond: Any person involved in collecting money and making claims payments, and all officers of the company must be covered under a fidelity bond. The bond must cover losses from dishonesty, theft, forgery or alteration, and misplacement or mysterious and unexplainable disappearance. The bond must cover the actions of the persons subject to the bond as to their handling of clients’ money as well as the administrator’s money [1.1].
  3. Include Financial Statements for the Previous Three Years: Financial statements for the previous three years, or for as many years as the administrator has been in business up to three years, must be included in the application for a license as an administrator. Financial statements for a period ending more than six months prior to the date of the application must be accompanied by an affidavit signed by a company officer under oath describing any material change in the net worth or the financial condition of the applicant since the date of the last financial statement [1.1].
  4. Fully Describe Violations or Investigations by Any Governmental Agency: The applicant must fully describe violations or investigations by any governmental agency which are known to the applicant concerning any person who is or may be affiliated with the applicant as an owner, shareholder, officer, employee, subcontractor, or employee of a subcontractor [1.1].
  5. State the Name and Address of a Resident Agent: The applicant must state the name and address of a resident agent who is authorized to act on behalf of the administrator and to accept service of process [1.1].
  6. Contain a Statement of Responsibility: The application must contain a statement that the applicant and its officers and supervising managers shall be responsible for the supervision of the actions of any and all personnel and subcontractors acting on behalf of the applicant [1.1].
  7. Adhere to Applicable Laws: A health care cooperative is subject to chapter 308A unless otherwise provided in this chapter. After incorporation, a health care cooperative shall enjoy the powers and privileges and shall be subject to the duties and liabilities of other cooperatives organized under chapter 308A, to the extent applicable and except as limited or enlarged by this chapter [4.1]. Every foreign or domestic nonprofit corporation organized for the purpose of establishing or operating a health service plan in Minnesota whereby health services are provided to subscribers to the plan under a contract with the corporation shall be subject to and governed by Laws 1971, chapter 568, and shall not be subject to the laws of this state relating to insurance, except the gross premiums tax provisions contained in chapter 297I and as otherwise specifically provided [6.1].

Small Employer Requirements

If your company is a small employer, you must comply with the requirements specified in the Minnesota Small Employer Health Benefit Act [2.3]. Health benefit plans must require that small employers offering a health benefit plan maintain information verifying the continuing eligibility of the employer, its employees, and their dependents, and provide the information to health carriers on a quarterly basis or as reasonably requested by the health carrier [2.2]. Health benefit plans must also require that small employers offering a health benefit plan maintain written documentation indicating that each eligible employee was informed of the availability of coverage through the employer and of a waiver of coverage by the eligible employee. This documentation must be provided to the health carrier upon reasonable request [2.2].

Conclusion

To ensure compliance with expanding privacy protections in Minnesota, companies must obtain authorization for disclosure of personally identifiable information, submit proof of coverage under a fidelity bond, include financial statements for the previous three years, fully describe violations or investigations by any governmental agency, state the name and address of a resident agent, contain a statement of responsibility, and adhere to applicable laws. Small employers must also comply with the requirements specified in the Minnesota Small Employer Health Benefit Act.

Source(s):
Jurisdiction

Minnesota