Minn. Stat. » CHAPTER 144. DEPARTMENT OF HEALTH
Minnesota Statutes

Minn. Stat. § 144.298 (2026)

Penalties

✓ current as of May 2026
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Subdivision 1.Licensing action.

A violation of sections 144.291 to 144.298 may be grounds for disciplinary action against a provider by the appropriate licensing board or agency.

Subd. 2.Liability of provider or other person.

A person who does any of the following is liable to the patient for compensatory damages caused by an unauthorized release or an intentional, unauthorized access, plus costs and reasonable attorney fees:

(1) negligently or intentionally requests or releases a health record in violation of sections 144.291 to 144.297;

(2) forges a signature on a consent form or materially alters the consent form of another person without the person's consent;

(3) obtains a consent form or the health records of another person under false pretenses; or

(4) intentionally violates sections 144.291 to 144.297 by intentionally accessing a record locator or patient information service without authorization.

Subd. 3.Liability for record locator or patient information service.

A patient is entitled to receive compensatory damages plus costs and reasonable attorney fees if a health information exchange maintaining a record locator or patient information service, or an entity maintaining a record locator or patient information service for a health information exchange, negligently or intentionally violates the provisions of section 144.293, subdivision 8.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2014–2023 · leading case: Jacky L. Larson v. The Nw. Mut. Life Ins. Co., CMInformation Specialists, Inc., 855 N.W.2d 293 (Minn. 2014).
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Jacky L. Larson v. The Nw. Mut. Life Ins. Co., CMInformation Specialists, Inc., 855 N.W.2d 293 (Minn. 2014). · cites it 35× “11 (2012) requires subjective intent to deceive on the part of the insured in order to rescind a life insurance policy issued without a prior medical examination, and (2) whether Minn.Stat. § 144.298, subd. 2 (2012), creates a private right of action for the under-disclosure of…”
William Findling v. Grp. Health Plan, Inc., d/b/a Health Partners & Regions Hosp., ... (Minn. 2023). · cites it 320× “Under Minn. Stat. § 144.298, subd. 2 (2022): A person who does any of the following is liable to the patient for compensatory damages caused by an unauthorized release or an intentional, unauthorized access, plus costs and reasonable attorney fees: (1) negligently or…”
Jerry Expose, Jr. v. Thad Wilderson & Assocs., P. A., Nina Mattson, 863 N.W.2d 95 (Minn. Ct. App. 2015). · cites it 6× “Minn.Stat. § 144.298, subd. 2 (2014); see also Larson v.”
Stresemann v. Jesson, 868 N.W.2d 32 (Minn. 2015). · cites it 2× “Streseihann's amended complaint also alleged that Morton-Peters violated: (1) Minn. Stat. § 144.298 , subd. 2 (2014); (2) 42 U.”
Jerry Expose, Jr. v. Thad Wilderson & Assocs., P.A., Nina Mattson, 889 N.W.2d 279 (Minn. 2016). · cites it 2× “The Minnesota Health Records Act, specifically Minn.Stat. § 144.298, subd. 2(1), provides a cause of action for negligently or intentionally releasing a health record in violation of Minn.”
Anthony Patrick Huber v. Jason R. Vohnoutka, Darlene Heimerl (Minn. Ct. App. 2015). · cites it 8× “Minn. Stat. § 144.298 , subd. 2 (2014); see also Larson v.”
Jerry Expose, Jr. v. Thad Wilderson & Assocs., P.A., Nina Mattson (Minn. 2017). · cites it 2× “The Minnesota Health Records Act, specifically Minn. Stat. § 144.298 , subd. 2(1), provides a cause of action for negligently or intentionally releasing a health record in violation ofMinn.”
Racz v. Mayo Clinic (D. Minnesota 2021). · cites it 2× “Racz asserts claims arising out of these allegations under the Minnesota Health Records Act, specifically Minn. Stat. § 144.298 , subd. 2 (Count Eight), and for invasion of privacy under Minnesota common law (Count Nine).”
In re: Netgain Tech., LLC Consum. Data Breach Litig. (D. Minnesota 2022). · cites it 2× “Minnesota law provides as follows: A person who does any of the following may be liable to a patient for compensatory damages caused by an unauthorized release or an intentional, unauthorized access, plus costs and reasonable attorney fees: (1) negligently or intentionally…”
Marcia Lee Stresemann, d/b/a Affiliated Counseling Ctr., LLC v. Lucinda Jesson, Comm'r of the Minnesota Dep't of Human Servs., in her individual & Off. capacity (Minn. Ct. App. 2014). · cites it 2× “The amended complaint alleges five causes of action: (1) a violation of Minn. Stat. § 144.298 , subd. 2 (2012), which protects the privacy of patient health-care records; (2) a claim arising under 42 U.”
Marcia Lee Stresemann, d/b/a Affiliated Counseling Ctr., LLC v. Lucinda Jesson, Comm'r of the Minnesota Dep't of Human Servs., in her individual & Off. capacity (Minn. 2015). · cites it 2× “) 2 Stresemann’s amended complaint also alleged that Morton-Peters violated: (1) Minn. Stat. § 144.298 , subd. 2 (2014); (2) 42 U.”
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