Purpose

This bill aims to limit when and how civil immigration enforcement actions can occur inside health care facilities in Minnesota. It seeks to protect patients and residents, strengthen privacy and information-sharing rules, and require facilities to have clear policies and training about encounters with immigration authorities.

Main provisions and what the bill seeks to accomplish

• Definitions and scope
  • Establishes who counts as a health care facility (hospitals, clinics, nursing homes, assisted living facilities, and similar places) and who is a law enforcement agent, along with terms like civil immigration enforcement, judicial warrant, and protected health information (PHI).
• Limits on entry by immigration enforcement
  • Health care facilities may not allow entry to law enforcement agents for civil immigration enforcement unless the agent presents a valid judicial warrant.
  • Facility staff must ask for identification and restrict entry to areas named in the warrant.
  • Entry into nonpublic areas is generally prohibited without a warrant or unless staff request assistance for safety or security issues.
  • Staff must immediately notify a designated facility administrator and the facility’s legal counsel when such entry occurs.
• Policies on presence of law enforcement at facilities
  • Facilities must develop and implement policies for interactions with law enforcement agents at the facility.
  • Policies must include: a designated contact person(s) to notify, procedures to verify the agent’s identity and authority (e.g., names, agency, badge number), and procedures for the agent’s access to the facility.
  • Access to nonpublic areas is restricted unless a valid warrant is presented or staff initiate a safety/security response.
• Privacy, information release, and rights
  • Policies must govern when and how patient or resident information can be released to law enforcement, in line with HIPAA and other laws.
  • Releasing PHI to law enforcement generally requires:
  • a valid federal subpoena, federal order, or federal warrant, or
  • other legally valid federal authorization.
  • Documents must clarify patients’ privacy rights, including HIPAA notices, and provide forms that authorize disclosure to parents/guardians or other designees.
  • Policies must set procedures to ensure patients’ rights are protected, including information about access, amendments, or redactions related to sensitive data (e.g., immigration status or birth information) when appropriate.
• Information on immigration rights
  • Facilities must post a notice with a phone number to call for immigration rights, accessible on the premises in a prominent place.
  • The state health commissioner will develop and provide the poster/document.
• Training and oversight
  • Health care facility staff, security personnel, and designated contacts must receive annual training on the new policies.
  • Facilities must submit their policies to the commissioner; noncompliance can lead to notification and potential fines.
  • The commissioner may investigate complaints about noncompliance and must protect individuals from retaliation for filing complaints.
• Liability protections
  • The bill clarifies that nothing in these sections creates liability for facility employees acting lawfully and in good faith to comply with the requirements.
• Summary of changes to law
  • Creates a new regulatory framework within Minnesota Statutes for civil immigration enforcement at health care facilities.
  • Adds duties for facilities to limit access, verify agents, notify appropriate staff, adopt and share detailed policies, protect patient privacy, provide rights information, and train staff.
  • Adds enforcement mechanisms (commissioner oversight, potential fines) and protections against retaliation.

Significant changes to existing law

• Introduces mandatory limits on entry by immigration enforcement at health care facilities and ties entry to a valid judicial warrant.
• Requires comprehensive, facility-wide policies governing presence of law enforcement and handling of information requests.
• Strengthens patient privacy safeguards by aligning information release with HIPAA and federal law, and by requiring privacy notices and authorization processes.
• Establishes ongoing staff training, annual policy review, and a formal reporting/complaint process with state-level oversight.
• Adds a formal posting requirement about immigration rights for patients, residents, and staff.

How this would be implemented

• Health care facilities would need to draft and implement the required policies, assign designated contact people, and train staff annually.
• Facilities would submit policies to the Minnesota commissioner of health and cooperate with any investigations of compliance.
• The commissioner would oversee enforcement, issue potential fines for noncompliance, and ensure protections against retaliation for those who report concerns.

Relevant terms civil immigration enforcement, health care facility, law enforcement agent, judicial warrant, federal subpoena, federal order, federal warrant, HIPAA, protected health information (PHI), notification, designated contact, identity verification, access to nonpublic areas, release of information, subpoena, magistrate, federal judge, privacy notice, rights to amend, immigration rights, posting, training, commissioner, compliance, investigation, retaliation, nursing home, assisted living facility, hospital, medical facility, clinic, federally qualified health center, HIPAA notice, authorization form.