The Minnesota Health Records Act (MHRA) has been amended to require a specific authorization in Minnesota law for the disclosure of patient records, aligning with stricter standards than HIPAA. Providers must now obtain written patient consent for disclosures that HIPAA might allow without it.
Minnesota Rules 1205.1400, subpart 3, requires that individuals giving informed consent have sufficient mental capacity to understand the consequences of their decision to give consent. Minnesota Rules 1205.1400, subpart 4, requires that a valid informed consent must: Be voluntary and not coerced. Be in writing.
§ 144.293, subdivision 4) Existing law provides that a consent for the release of health records from a patient or the patient's representative is valid for a period provided by law. This provision may mean state or federal law. This section clarifies that the consent is valid for a period provided by Minnesota law.
144.3431 NONRESIDENTIAL MENTAL HEALTH SERVICES. For purposes of this section, "nonresidential mental health services" means outpatient services as defined in section 245.4871, subdivision 29, provided to a minor who is not residing in a hospital, inpatient unit, or licensed residential treatment facility or program.
By signing this form, you authorize the institution to which this form is submitted to release your information to the requester or their authorized representative. The consent must be signed and dated by the person giving the consent.
Records retention. The provider shall retain a client's records for a minimum of seven years after the date of the provider's last professional service to the client, except as otherwise provided by law.
12.29 DECLARATION OF LOCAL EMERGENCY. Any order or proclamation declaring, continuing, or terminating a local emergency must be given prompt and general publicity and filed promptly by the chief of the local record-keeping agency of the political subdivision.
Begin by specifying your name, the entity authorized to disclose information, and the individuals or entities you authorize to receive it. Indicate the specific information and purpose for which it will be disclosed, add an expiration date or event, and sign and date the form to confirm your consent.
Knowing how information flows helps you understand what types of information you need and how to search and obtain the targeted information.
What Is a Release of Information? A release of information is a document that gives a consumer the opportunity to decide what material they want released from their medical file, who they want it delivered to, how long the data can be issued, and under what statutes and guidelines it is released.