HF 3542

HF3542 FIRST ENGROSSMENT  REVISOR  TW  H3542-1
This Document can be made available
in alternative formats upon request  State of Minnesota
  HOUSE OF REPRESENTATIVES
  NINETY-FOURTH SESSION
  H. F. No.  3542
02/19/2026     Authored by Hudson; Robbins; Anderson, P. E., and Bakeberg
  The bill was read for the first time and referred to the Committee on Fraud Prevention and State Agency Oversight Policy
02/26/2026     Adoption of Report: Amended and re-referred to the Committee on Children and Families Finance and Policy
1.1A bill for an act
1.2relating to data; requiring disclosure of certain investigations and withholding of
1.3payments within 30 days of a request; amending Minnesota Statutes 2025
1.4Supplement, section 13.46, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6Section 1. Minnesota Statutes 2025 Supplement, section 13.46, subdivision 3, is amended
1.7to read:
1.8Subd. 3. Investigative data. (a) Data on persons, including data on vendors of services,
1.9licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
1.10system in an investigation, authorized by statute, and relating to the enforcement of rules
1.11or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
1.12protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
1.13shall not be disclosed except:
1.14(1) pursuant to section 13.05;
1.15(2) pursuant to statute or valid court order;
1.16(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
1.17preparation of defense;
1.18(4) to an agent or investigator acting on behalf of a county, state, or federal government,
1.19including a law enforcement officer or attorney in the investigation or prosecution of a
1.20criminal, civil, or administrative proceeding, unless the commissioner of human services;
1.21the commissioner of children, youth, and families; or the Direct Care and Treatment executive
1.22board determines that disclosure may compromise a Department of Human Services;
Section 1.  1
HF3542 FIRST ENGROSSMENT  REVISOR  TW  H3542-1
2.1  Department of Children, Youth, and Families; or Direct Care and Treatment ongoing
2.2  investigation; or
2.3      (5) to provide notices required or permitted by statute.
2.4      The data referred to in this subdivision shall be classified as public data upon submission
2.5  to an administrative law judge or court in an administrative or judicial proceeding. Inactive
2.6  welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
2.7      (b) Notwithstanding any other provision in law, the commissioner of human services or
2.8  the commissioner of children, youth, and families shall provide all active and inactive
2.9  investigative data, including the name of the reporter of alleged maltreatment under section
2.10 626.557 or chapter 260E, to the ombudsman for mental health and developmental disabilities
2.11 upon the request of the ombudsman.
2.12     (c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
2.13 by the commissioner of human services or the commissioner of children, youth, and families
2.14 of possible overpayments of public funds to a service provider or recipient or the reduction
2.15 or withholding of payments may must be disclosed if the commissioner determines that it
2.16 will not compromise the investigation within 30 days of a request if the commissioner has
2.17 taken action to reduce, suspend, or withhold payments to the subject of the investigation.
Section 1.  2