1.1    .................... moves to amend H.F. No. 3553 as follows:
1.2Page 5, after line 35, insert:

1.3    "Sec. 5. Minnesota Statutes 2006, section 383B.917, subdivision 1, is amended to read:
1.4    Subdivision 1. Data Practices Act. (a) The corporation is subject to chapter 13, the
1.5Minnesota Government Data Practices Act.
1.6    (b) "Competitive data," as defined in this subdivision, are nonpublic data pursuant
1.7to section 13.02, subdivision 9, or private data on individuals pursuant to section 13.02,
1.8subdivision 12 . Competitive data are any type of data that the corporation, in its discretion,
1.9determines that if disclosed could cause competitive disadvantage to the corporation,
1.10including causing adverse effects on the current or future competitive position of the
1.11corporation or the entities, facilities, and operations for which it is responsible. Data
1.12discussed at an open meeting of the corporation retains the data's original classification,
1.13including classification as competitive data, as provided in section 13D.05, subdivision
1.141, paragraph (c) . Any data disseminated by the corporation to the county shall retain the
1.15same classification in the hands of the county, including the classification as competitive
1.16data, as provided in section 13.03, subdivision 4.
1.17    (c) A subsidiary, joint venture, association, partnership, or other entity that is formed
1.18by the corporation is not subject to chapter 13, except that if the corporation enters into a
1.19contract with such an entity to perform any functions of the corporation, the corporation
1.20shall include in the contract terms that make it clear that data created, collected, received,
1.21stored, used, maintained, or disseminated by the contracting entity in performing those
1.22functions is subject to the same requirements under chapter 13 as the corporation under
1.23this subdivision. However, this section does not create a duty on the part of the contracting
1.24entity to provide access to public data to the public if the public data are available from
1.25the corporation, except as required by the terms of the contract. Any entity contracting to
1.26perform functions of the corporation may classify data as competitive data as defined in
1.27paragraph (b).
2.1    (d) Notwithstanding chapter 13, if a nonprofit corporation provides physician
2.2services to the corporation and is participating in an electronic exchange of health records
2.3with the corporation, the nonprofit corporation may share medical data with all other
2.4participants in the exchange for purposes of treatment, payment, or health care operations.
2.5The nonprofit corporation and other participants in the exchange are considered related
2.6health care entities for purposes of section 144.293, subdivision 5, clause (2), and are
2.7not considered outside of the corporation's facility for purposes of section 144.651,
2.8subdivision 16.
2.9EFFECTIVE DATE.This section is effective the day following final enactment."
2.10Amend the title as follows:
2.11Page 1, line 2, after the second semicolon, insert "authorizing the electronic
2.12exchange of certain Hennepin County medical data;"
2.13Correct the title numbers accordingly