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Minnesota Statutes Data Practices (Ch. 13-13C) § 13.89. Dissemination of data to protection and advocacy systems

Current as of January 01, 2025 | Updated by Findlaw Staff

Subdivision 1. Developmental disabilities. Data on clients and residents of facilities or programs licensed pursuant tosections 144.50to144.58,245A.01to245A.16,245C.01to245C.32, and252.28, subdivision 2, may be disseminated to the protection and advocacy system established in this state pursuant to Part C ofPublic Law 98-527 1to protect the legal and human rights of persons with developmental disabilities or other related conditions who live in residential facilities or programs for these persons if:

(1) the protection and advocacy system receives a complaint by or on behalf of that person; and

(2) the person does not have a legal guardian or the state or a designee of the state is the legal guardian of the person.

Subd. 2. Mental illness or emotional impairment. Data on an individual who has significant mental illness or emotional impairment and who is an inpatient or resident in a facility rendering care or treatment may be disseminated to the protection and advocacy system established in this state pursuant toPublic Law 99-319 2to protect the rights of persons who are mentally ill if:

(1) the protection and advocacy system receives a complaint by or on behalf of the person or there is probable cause to believe that the person has been subjected to abuse or neglect, as defined inPublic Law 99-319;

(2) the person is by reason of a mental or physical condition unable to authorize the system to have access to data; and

(3) the person does not have a legal guardian or the state is the legal guardian of the person.

1 42 U.S.C.A. §§ 6041to6043(repealed; see, now,42 U.S.C.A. §§ 15041to15043).
2 42 U.S.C.A. § 10802.
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Cite this article: FindLaw.com - Minnesota Statutes Data Practices (Ch. 13-13C) § 13.89. Dissemination of data to protection and advocacy systems - last updated January 01, 2025 | https://codes.findlaw.com/mn/data-practices-ch-13-13c/mn-st-sect-13-89/

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