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What Gives You the Right? Interpreting Tangible Interest Requirements.

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Presentation on theme: "What Gives You the Right? Interpreting Tangible Interest Requirements."— Presentation transcript:

1 What Gives You the Right? Interpreting Tangible Interest Requirements

2 Reference MN Statutes, section MN Statutes, section MN Rules, part , subpart 12 MN Rules, part , subpart 12

3 I am the: Subject Because I am the child listed on the birth record Because I am the child listed on the birth record Because I am the decedent listed on the death record? Because I am the decedent listed on the death record?

4 Parent of the subject Because my name is on the birth record Because my name is on the birth record Because my name is on the death record Because my name is on the death record Because I have a court order that names me as the biological father of the child Because I have a court order that names me as the biological father of the child

5 Other family members Child/Spouse/Sibling of the subject Child/Spouse/Sibling of the subject Grandparent/Grandchild of the subject Grandparent/Grandchild of the subject Because I say so Because I say so(really) (trust me)

6 Spouse Must be the spouse listed on the death certificate Must be the spouse listed on the death certificate

7 Sibling of the subject Can an individual get a sibling’s birth certificate? NO

8 Party responsible for filing the record Birth certificate: Birth certificate:  Hospital birth registrar or midwife Death certificate: Death certificate:  Funeral home, physician, medical examiner or coroner

9 Legal custodian, guardian, conservator Because I have a court order showing this legal relationship Because I have a court order showing this legal relationship

10 Health care agent Because I have a health care power of attorney Because I have a health care power of attorney Definition (MN Statute 145C.01, subd. 2): Definition (MN Statute 145C.01, subd. 2): “An individual age 18 or older who is appointed by a principal in a health care power of attorney to make health care decisions on behalf of the principal.”

11 Personal representative Because I am an executor, administrator, or have been appointed by a court to administer the subject’s estate Because I am an executor, administrator, or have been appointed by a court to administer the subject’s estate The subject of the record must be deceased The subject of the record must be deceased

12 Successor Because I am a person, other than a creditor, who is entitled to property of the decedent under the decedent’s will. Because I am a person, other than a creditor, who is entitled to property of the decedent under the decedent’s will. Definition paraphrased from MN Statute Definition paraphrased from MN Statute

13 Trustee Because I am responsible for administering the decedent’s trust Because I am responsible for administering the decedent’s trust Request must be for death certificate only Request must be for death certificate only

14 Protection of a personal or property right Because I can prove the certificate is needed for: Because I can prove the certificate is needed for:  Insurance benefits  Social security benefits  Loan collection  Transfer of property

15 Adoption agency Because the certificate is needed to complete a confidential post-adoption search Because the certificate is needed to complete a confidential post-adoption search Certificate may be for: Certificate may be for:  Birth parent of adoptee  Genetic sibling of adoptee

16 Local, State, or Federal government agency Because the certificate is needed to complete agency duties Because the certificate is needed to complete agency duties Most common requester: representative of MN Department of Human Services Most common requester: representative of MN Department of Human Services May ask requester to submit agency ID if agency is out of state or unfamiliar May ask requester to submit agency ID if agency is out of state or unfamiliar

17 Attorney Because I have presented proof of licensure Because I have presented proof of licensure

18 Court order Because I have a court order directing release of the birth or death certificate to me Because I have a court order directing release of the birth or death certificate to me

19 Authorized representative Because I have a notarized statement signed by someone who does have direct tangible interest giving me authority to obtain the birth or death certificate Because I have a notarized statement signed by someone who does have direct tangible interest giving me authority to obtain the birth or death certificate

20 Confidential Birth Records A birth record may be confidential when a child’s parents are not married when the child is born A birth record may be confidential when a child’s parents are not married when the child is born How does a confidential birth record differ from the normal “confidential” data classification? How does a confidential birth record differ from the normal “confidential” data classification?  The data may be issued to the subject of the data (as well as others)

21 Confidential Birth Records A confidential birth record may be issued to: A confidential birth record may be issued to:  The subject age 16 or older  A parent on the record  A legal guardian of the subject  A person with a court order directing release of the record  Representative of the Dept. of Human Services  A person with a notarized authorization from a person above

22 Tangible Interest Odd situation? Confusing paperwork? Odd situation? Confusing paperwork? A good guide: if asking for documentation, find a clear connection between the requester and the subject of the record A good guide: if asking for documentation, find a clear connection between the requester and the subject of the record Can fax application & documents to OSR ( ) attn.: Heidi for guidance Can fax application & documents to OSR ( ) attn.: Heidi for guidance

23 Questions?


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