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Minn. Stat. § 144.298

PENALTIES.

Known as the Vital Records Act

The act spans §§ 144.011 to 144.999 (361 sections).

Applied in 4 court decisions — leading case Jacky L. Larson v. The Northwestern Mutual Life Insurance Company, CMInformation Specialists, Inc. (2014)

Most recently applied in Jerry Expose, Jr. v. Thad Wilderson & Associates, P.A., Nina Mattson (November 2016)

2007 c 147 art 10 s 9; 2012 c 247 art 2 s 5; 2015 c 71 art 8 s 21,22

How often courts cite this section

2014201620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Subdivision 1. Licensing action.

A violation of sections 144.291 to 144.298 may be grounds for disciplinary action against a provider by the appropriate licensing board or agency.

Subd. 2. Liability of provider or other person.

A person who does any of the following is liable to the patient for compensatory damages caused by an unauthorized release or an intentional, unauthorized access, plus costs and reasonable attorney fees:

(1) negligently or intentionally requests or releases a health record in violation of sections 144.291 to 144.297 ;

(2) forges a signature on a consent form or materially alters the consent form of another person without the person's consent;

(3) obtains a consent form or the health records of another person under false pretenses; or

(4) intentionally violates sections 144.291 to 144.297 by intentionally accessing a record locator or patient information service without authorization.

Subd. 3. Liability for record locator or patient information service.

A patient is entitled to receive compensatory damages plus costs and reasonable attorney fees if a health information exchange maintaining a record locator or patient information service, or an entity maintaining a record locator or patient information service for a health information exchange, negligently or intentionally violates the provisions of section 144.293, subdivision 8 .

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.