1.1 .................... moves to amend H. F. No. 1577 as follows:
1.2Page 66, after line 6, insert:
1.5 Section 1. Minnesota Statutes 2006, section 13.46, subdivision 2, is amended to read:
1.6 Subd. 2.
General. (a)
Data may be obtained from another responsible authority by
1.7a responsible authority in the welfare system, pursuant to subdivision 10, including for
1.8the purposes specified in this subdivision. Unless the data is summary data or a statute
1.9specifically provides a different classification, data on individuals collected, maintained,
1.10used, or disseminated by the welfare system is private data on individuals, and shall
1.11not be disclosed except:
1.12 (1) according to section
13.05;
1.13 (2) according to court order;
1.14 (3) according to a statute specifically authorizing access to the private data;
1.15 (4) to an agent of the welfare system, including a law enforcement person, attorney,
1.16or investigator acting for it in the investigation or prosecution of a criminal or civil
1.17proceeding relating to the administration of a program;
1.18 (5) to personnel of the welfare system who require the data to verify an individual's
1.19identity; determine eligibility, amount of assistance, and the need to provide services to
1.20an individual or family across programs; evaluate the effectiveness of programs;
assess
1.21parental contribution amounts; and investigate suspected fraud;
1.22 (6) to administer federal funds or programs;
1.23 (7) between personnel of the welfare system working in the same program;
1.24 (8) to the Department of Revenue to
assess parental contribution amounts;
1.25administer and evaluate tax refund or tax credit programs and to identify individuals who
1.26may benefit from these programs. The following information may be disclosed under this
1.27paragraph: an individual's and their dependent's names, dates of birth, Social Security
2.1numbers, income, addresses, and other data as required, upon request by the Department
2.2of Revenue. Disclosures by the commissioner of revenue to the commissioner of human
2.3services for the purposes described in this clause are governed by section
270B.14,
2.4subdivision 1
.
Parental contributions are defined under section 252.27, subdivision 2a.
2.5Tax refund or tax credit programs include, but are not limited to, the dependent care credit
2.6under section
290.067, the Minnesota working family credit under section
290.0671, the
2.7property tax refund and rental credit under section
290A.04, and the Minnesota education
2.8credit under section
290.0674;
2.9 (9) between the Department of Human Services,
the Department of Education,
2.10and the Department of Employment and Economic Development
for the purpose of
2.11monitoring, and when applicable, the Department of Education, for the following purposes:
2.12 (i) to monitor the eligibility of the data subject for unemployment benefits, for any
2.13employment or training program administered, supervised, or certified by that agency
,
2.14for the purpose of administering;
2.15 (ii) to administer any rehabilitation program or child care assistance program,
2.16whether alone or in conjunction with the welfare system
, or;
2.17 (iii) to monitor and evaluate the Minnesota family investment program by
2.18exchanging data on recipients and former recipients of food support, cash assistance under
2.19chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical
2.20programs under chapter 256B, 256D, or 256L
; and
2.21 (iv) to analyze current processes and outcomes relating to public assistance programs
2.22affecting employment, including eligibility determination, service utilization, program
2.23cost, and program effectiveness, as implemented under the authority established in Title
2.24II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
2.251999, Public Law 106-170;
2.26 (10) to appropriate parties in connection with an emergency if knowledge of
2.27the information is necessary to protect the health or safety of the individual or other
2.28individuals or persons;
2.29 (11) data maintained by residential programs as defined in section
245A.02 may
2.30be disclosed to the protection and advocacy system established in this state according
2.31to Part C of Public Law 98-527 to protect the legal and human rights of persons with
2.32developmental disabilities or other related conditions who live in residential facilities for
2.33these persons if the protection and advocacy system receives a complaint by or on behalf
2.34of that person and the person does not have a legal guardian or the state or a designee of
2.35the state is the legal guardian of the person;
3.1 (12) to the county medical examiner or the county coroner for identifying or locating
3.2relatives or friends of a deceased person;
3.3 (13) data on a child support obligor who makes payments to the public agency
3.4may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
3.5determine eligibility under section
136A.121, subdivision 2, clause (5);
3.6 (14) participant Social Security numbers and names collected by the telephone
3.7assistance program may be disclosed to the Department of Revenue to conduct an
3.8electronic data match with the property tax refund database to determine eligibility under
3.9section
237.70, subdivision 4a;
3.10 (15) the current address of a Minnesota family investment program participant
3.11may be disclosed to law enforcement officers who provide the name of the participant
3.12and notify the agency that:
3.13 (i) the participant:
3.14 (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
3.15conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
3.16jurisdiction from which the individual is fleeing; or
3.17 (B) is violating a condition of probation or parole imposed under state or federal law;
3.18 (ii) the location or apprehension of the felon is within the law enforcement officer's
3.19official duties; and
3.20 (iii) the request is made in writing and in the proper exercise of those duties;
3.21 (16) the current address of a recipient of general assistance or general assistance
3.22medical care may be disclosed to probation officers and corrections agents who are
3.23supervising the recipient and to law enforcement officers who are investigating the
3.24recipient in connection with a felony level offense;
3.25 (17) information obtained from food support applicant or recipient households may
3.26be disclosed to local, state, or federal law enforcement officials, upon their written request,
3.27for the purpose of investigating an alleged violation of the Food Stamp Act, according
3.28to Code of Federal Regulations, title 7, section 272.1(c);
3.29 (18) the address, Social Security number, and, if available, photograph of any
3.30member of a household receiving food support shall be made available, on request, to a
3.31local, state, or federal law enforcement officer if the officer furnishes the agency with the
3.32name of the member and notifies the agency that:
3.33 (i) the member:
3.34 (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
3.35crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
4.1 (B) is violating a condition of probation or parole imposed under state or federal
4.2law; or
4.3 (C) has information that is necessary for the officer to conduct an official duty related
4.4to conduct described in subitem (A) or (B);
4.5 (ii) locating or apprehending the member is within the officer's official duties; and
4.6 (iii) the request is made in writing and in the proper exercise of the officer's official
4.7duty;
4.8 (19) the current address of a recipient of Minnesota family investment program,
4.9general assistance, general assistance medical care, or food support may be disclosed to
4.10law enforcement officers who, in writing, provide the name of the recipient and notify the
4.11agency that the recipient is a person required to register under section
243.166, but is not
4.12residing at the address at which the recipient is registered under section
243.166;
4.13 (20) certain information regarding child support obligors who are in arrears may be
4.14made public according to section
518A.74;
4.15 (21) data on child support payments made by a child support obligor and data on
4.16the distribution of those payments excluding identifying information on obligees may be
4.17disclosed to all obligees to whom the obligor owes support, and data on the enforcement
4.18actions undertaken by the public authority, the status of those actions, and data on the
4.19income of the obligor or obligee may be disclosed to the other party;
4.20 (22) data in the work reporting system may be disclosed under section
256.998,
4.21subdivision 7
;
4.22 (23) to the Department of Education for the purpose of matching Department of
4.23Education student data with public assistance data to determine students eligible for free
4.24and reduced price meals, meal supplements, and free milk according to United States
4.25Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
4.26state funds that are distributed based on income of the student's family; and to verify
4.27receipt of energy assistance for the telephone assistance plan;
4.28 (24) the current address and telephone number of program recipients and emergency
4.29contacts may be released to the commissioner of health or a local board of health as
4.30defined in section
145A.02, subdivision 2, when the commissioner or local board of health
4.31has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
4.32risk of illness, and the data are necessary to locate the person;
4.33 (25) to other state agencies, statewide systems, and political subdivisions of this
4.34state, including the attorney general, and agencies of other states, interstate information
4.35networks, federal agencies, and other entities as required by federal regulation or law for
4.36the administration of the child support enforcement program;
5.1 (26) to personnel of public assistance programs as defined in section
256.741, for
5.2access to the child support system database for the purpose of administration, including
5.3monitoring and evaluation of those public assistance programs;
5.4 (27) to monitor and evaluate the Minnesota family investment program by
5.5exchanging data between the Departments of Human Services and Education, on
5.6recipients and former recipients of food support, cash assistance under chapter 256, 256D,
5.7256J, or 256K, child care assistance under chapter 119B, or medical programs under
5.8chapter 256B, 256D, or 256L;
5.9 (28) to evaluate child support program performance and to identify and prevent
5.10fraud in the child support program by exchanging data between the Department of Human
5.11Services, Department of Revenue under section
270B.14, subdivision 1, paragraphs (a)
5.12and (b), without regard to the limitation of use in paragraph (c), Department of Health,
5.13Department of Employment and Economic Development, and other state agencies as is
5.14reasonably necessary to perform these functions; or
5.15 (29) counties operating child care assistance programs under chapter 119B may
5.16disseminate data on program participants, applicants, and providers to the commissioner
5.17of education.
5.18 (b) Information on persons who have been treated for drug or alcohol abuse may
5.19only be disclosed according to the requirements of Code of Federal Regulations, title
5.2042, sections 2.1 to
2.67.
5.21 (c) Data provided to law enforcement agencies under paragraph (a), clause (15),
5.22(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
5.23nonpublic while the investigation is active. The data are private after the investigation
5.24becomes inactive under section
13.82, subdivision 5, paragraph (a) or (b).
5.25 (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is
5.26not subject to the access provisions of subdivision 10, paragraph (b).
5.27 For the purposes of this subdivision, a request will be deemed to be made in writing
5.28if made through a computer interface system.
5.29 Sec. 2. Minnesota Statutes 2006, section 13.82, subdivision 13, is amended to read:
5.30 Subd. 13.
Access to data for crime victims. On receipt of a written request, the
5.31prosecuting authority shall release
active investigative data collected by a law enforcement
5.32agency
, except for health records and medical data governed by subdivision 29, to the
5.33victim of a criminal act or alleged criminal act or to the victim's legal representative unless
5.34the release to the individual subject of the data would be prohibited under section
13.821
5.35or the prosecuting authority reasonably believes:
5.36 (a) that the release of that data will interfere with the investigation; or
6.1 (b) that the request is prompted by a desire on the part of the requester to engage in
6.2unlawful activities.
6.3 Sec. 3. Minnesota Statutes 2006, section 13.82, is amended by adding a subdivision to
6.4read:
6.5 Subd. 30. Health records and medical data. (a) Unless data are made public by
6.6presentation as evidence in court, inactive investigative data under subdivision 7 that are
6.7medical data as defined in section 13.384, health records as defined in section 144.335, or
6.8welfare data as defined in section 13.46 that relate to medical or mental health services
6.9provided by the welfare system to an individual are private data on individuals.
6.10 (b) A victim of a criminal act or alleged criminal act, or the victim's legal
6.11representative, may request that the prosecuting authority release medical data, health
6.12records, or welfare data that is part of an active or inactive criminal investigation file. If the
6.13prosecuting authority reasonably determines that data relates to the medical care or safety
6.14needs of the victim and release will not interfere with the investigation or that the request
6.15is not prompted by a desire on the part of the requester to engage in unlawful activities.
6.16 Sec. 4. Minnesota Statutes 2006, section 270B.14, subdivision 1, is amended to read:
6.17 Subdivision 1.
Disclosure to commissioner of human services. (a) On the request
6.18of the commissioner of human services, the commissioner shall disclose return information
6.19regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to
6.20the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
6.21 (b) Data that may be disclosed are limited to data relating to the identity,
6.22whereabouts, employment, income, and property of a person owing or alleged to be owing
6.23an obligation of child support.
6.24 (c) The commissioner of human services may request data only for the purposes of
6.25carrying out the child support enforcement program and to assist in the location of parents
6.26who have, or appear to have, deserted their children. Data received may be used only
6.27as set forth in section
256.978.
6.28 (d) The commissioner shall provide the records and information necessary to
6.29administer the supplemental housing allowance to the commissioner of human services.
6.30 (e) At the request of the commissioner of human services, the commissioner of
6.31revenue shall electronically match the Social Security numbers and names of participants
6.32in the telephone assistance plan operated under sections
237.69 to
237.711, with those of
6.33property tax refund filers, and determine whether each participant's household income is
6.34within the eligibility standards for the telephone assistance plan.
6.35 (f) The commissioner may provide records and information collected under sections
6.36295.50
to
295.59 to the commissioner of human services for purposes of the Medicaid
7.1Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
7.2102-234. Upon the written agreement by the United States Department of Health and
7.3Human Services to maintain the confidentiality of the data, the commissioner may provide
7.4records and information collected under sections
295.50 to
295.59 to the Centers for
7.5Medicare and Medicaid Services section of the United States Department of Health and
7.6Human Services for purposes of meeting federal reporting requirements.
7.7 (g) The commissioner may provide records and information to the commissioner of
7.8human services as necessary to administer the early refund of refundable tax credits.
7.9 (h) The commissioner may disclose information to the commissioner of human
7.10services necessary to verify income for eligibility and premium payment under the
7.11MinnesotaCare program, under section
256L.05, subdivision 2.
7.12 (i) The commissioner may disclose information to the commissioner of human
7.13services necessary to verify whether applicants or recipients for the Minnesota family
7.14investment program, general assistance, food support, and Minnesota supplemental aid
7.15program have claimed refundable tax credits under chapter 290 and the property tax
7.16refund under chapter 290A, and the amounts of the credits.
7.17 (j) The commissioner may disclose information to the commissioner of human
7.18services necessary to verify income for purposes of calculating parental contribution
7.19amounts under section 252.27, subdivision 2a."
7.20Renumber the sections in sequence and correct the internal references
7.21Amend the title accordingly