M.S.A. §62J.4981

Certificate of authority to provide health information exchange services

In order to provide health information exchange services, an entity must apply for a certificate of authority.  A health data intermediary that provides health information exchange services for multiple transactions must be registered with the state of Minnesota.  The minimum requirements to be issued a certificate include the following:

1. Operate with at least one state certified health information exchange;
2. Allow entities to connect to their services using at least one state certified health information exchange; 
3. Have a record locator service;
4. Have reciprocal agreements with at least one state certified health information exchange.

A health information organization that provides the electronic capabilities for the transmission of clinical transactions needed for meaningful use must have a certificate of authority.  In order to receive the certificate, the health information organization must meet the following minimum criteria:

1. The entity must be a legally established, non profit organization;
2. It must have appropriate insurance;
3. Plans to explain how the entity will expand its system to accommodate providers to achieve meaningful use;
4. How the entity will work with other health information organizations for meaningful use transactions and work within the parameters of Minnesota law. 
5. The board of directors must represent a wide variety of interests;
6. The entity has a professional staff;
7. The entity is in compliance with the state’s standards for health information exchange. 
8. The entity has a record locator service;
9. The entity shows interoperability with the state’s other health information organizations using national standards;
10. The entity is in compliance with privacy and security regulations of state and federal law;
11. The entity has sound financial and accounting policies and procedures;

Once certified, health information organizations must meet the requirements of connecting to the National Health Information Network (NHIN), submit an annual strategic plan to the Commissioner, develop and maintain a business plan that addresses meaningful use and financial sustainability, annual submit to the Commissioner a rate plan, and enter into agreements with other state certified health information organizations. 

In order to be certified as a health information exchange service provider, the entity’s application must include an organizational document, a list of officers or directors, names and addresses of participating entities, the contracts with the participating entities, a statement describing the health information organization, operational plans, geographic areas to be served, and any other information that may be required.