Law / United States / 
Minnesota
Minnesota Health Records Act
Officially Minnesota Health Records Act: consent to release, patient access and remedies
Minn. Stat. §§ 144.291 to 144.298
In force.
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Consent, Data subject rights, Disclosure
As of .
What it requires
- If you are a provider, or a person who receives health records from a provider, do not release a patient's health records without a signed and dated consent from the patient or the patient's legally authorized representative, specific authorization in Minnesota law, or a representation from a provider that holds a signed and dated consent.
- Treat a consent as valid for one year or the period it specifies, except where section 144.293, subdivision 6 lets it continue, and release records without consent only for a medical emergency when consent cannot be obtained, to other providers within related health care entities when necessary for current treatment, or as the other exceptions in sections 144.293 to 144.295 provide.
- Upon request, supply a patient within 30 calendar days of a written request complete and current information about any diagnosis, treatment and prognosis, and furnish copies of the patient's health record at a reasonable cost within 30 calendar days of a written request.
- Give patients, in a clear and conspicuous manner, a written notice of your practices and the patient's rights with respect to access to health records, including the disclosures you may make without consent.
- Release health records to an external researcher only under section 144.295, which requires written disclosure to patients, reasonable efforts to obtain general authorization or a patient's non-objection, and adequate safeguards at the recipient.
- If you maintain a record locator or patient information service for a health information exchange, keep an audit log of providers accessing the service and give patients a mechanism to exclude their information.
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The appropriate licensing board or agency, through disciplinary action against a provider (section 144.298, subdivision 1).
What this law does
Sections 144.291 to 144.298 may be cited as the Minnesota Health Records Act. A provider is a person who furnishes health care services and is regulated under the chapters the section lists, a licensed home care provider, a health care facility licensed under chapter 144 or 144A, or a licensed assisted living facility.
A provider, or a person who receives health records from a provider, may not release a patient's health records without a signed and dated consent, specific authorization in Minnesota law, or a representation from a provider that holds a signed and dated consent. A consent to release health records is valid for one year or for a period specified in the consent or for a different period provided by Minnesota law, except as the section otherwise provides.
Upon request, a provider must supply a patient within 30 calendar days of a written request complete and current information concerning any diagnosis, treatment and prognosis of the patient. A provider must furnish copies of the patient's health record, at a reasonable cost to the patient, within 30 calendar days of receiving a written request.
A provider must give patients, in a clear and conspicuous manner, a written notice concerning practices and rights with respect to access to health records. Health records may be released to an external researcher solely for purposes of medical or scientific research only as section 144.295 provides. A health information exchange maintaining a record locator or patient information service must maintain an audit log of providers accessing information in the service.
A person who negligently or intentionally requests or releases a health record in violation of sections 144.291 to 144.297 is liable to the patient for compensatory damages caused by an unauthorized release, plus costs and reasonable attorney fees. 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. Section 144.335 was repealed by chapter 147, article 10, section 16 of the Laws of 2007.
The Revisor of Statutes notes that section 144.293 has been affected by law enacted during the 2026 Regular Session and that subdivision 7 has been amended by chapter 127, article 1, section 29. The 2026 amendment of section 144.293, subdivision 7 removes the words "or the Health Data Institute under chapter 62J" from the exception to consent for release to the commissioner of health.
The Revisor of Statutes notes that section 144.294 has been affected by law enacted during the 2026 Regular Session and that subdivision 2 has been amended by chapter 121, article 8, section 2. The amendment of section 144.294, subdivision 2 will replace the cross-reference to section 256B.0624, subdivision 2, paragraph (j) with section 245I.24, subdivision 2, paragraph (g) in the definition of a mental health crisis.
The 2026 amendment of section 144.294, subdivision 2 takes effect , the effective date of the article that carries it.
When LexLint raises it
When your app profile says your app handles health records.