Laws & Rules Impacting e-Health
The following are Minnesota and federal laws & rules that guide and support e-health activities.
Visit The Office of the Revisor of Statutes to see all Minnesota statutes, laws and rules.
Minnesota
Minnesota legislation (Minnesota Statutes 62J.495 Subd. 3) requires that all health care providers in the state implement an interoperable electronic EHR system by January 1, 2015. The legislation was updated in 2015 to exempt individual health care providers in a solo, private practice, and those who do not accept reimbursement from a group purchaser.
Additional e-health components in 62J.495 include the Minnesota e-Health Initiative (62J.495 Subd. 2), coordination with national activities (62J.495 Subd. 4), and e-health assessment activities (62J.495 Subd. 5)
Resource: Minnesota Interoperable EHR Mandate
Minnesota legislation (Minnesota Statutes 62J.497) requires prescribers, pharmacists and pharmacies, and pharmacy benefit managers to be e-prescribing by January 1, 2011. The legislation was updated in 2016 to remove the exemption for clinics with two or fewer practicing physicians.
The Minnesota Department of Health is required by Minnesota legislation (Minnesota Statutes 62J.498, through 62J.4982) to establish an oversight process that will protect the public interest on matters pertaining to health information exchange.
Resource: Health Information Exchange Oversight
Minnesota legislation (Minnesota Statutes 144.291 through 144.298) governing health records information.
Resource: Minnesota e-Health Privacy and Security
The Health Care Administrative Simplification Act (Minnesota Statute 62J.536) was enacted to achieve greater standardization and electronic exchange of health care administrative transactions, to reduce administrative costs and burden.
Resource: Healthcare Administrative Simplification
The Minnesota Government Data Practices Act (MGDPA) (Minnesota Statute 13) controls how government data are collected, created, stored (maintained), used and released (disseminated). The MGDPA sets out certain requirements relating to the right of the public to access government data and the rights of individuals who are the subjects of government data.
Resource: Minnesota e-Health Privacy
Resource: Foundations in Privacy Toolkit
Minor Consent (Minnesota Statutes 144.341 through 144.347) guarantees minors the right to confidential health care services, without parental consent, in certain situations:
- A minor who is or has been married, or borne a child;
- Reproductive care, contraceptives, sexually transmitted diseases, alcohol and drug abuse;
- Mental health care if over 16;
- Emergencies;
- Hepatitis B vaccinations; and
- Abortions, in limited situations.
Resource: Minnesota e-Health Privacy and Security
Federal
The Office of the National Coordinator for Health Information Technology has resources related to the following federal health IT legislation listed below at Health IT Legislation.
Federal Register: 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Program
ONC’s Cures Act Final Rule supports seamless and secure access, exchange, and use of electronic health information.
Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) Final Rule
ONC's HTI-1 final rule implements provisions of the 21st Century Cures Act and makes updates to the ONC Health IT Certification Program (Certification Program) with new and updated standards, implementation specifications, and certification criteria. Provisions in the HTI-1 final rule advance interoperability, improve transparency, and support the access, exchange, and use of electronic health information.