This is an opinion of the Commissioner of Administration issued under Minnesota Statutes, section 13.072 (2025). It is based on the facts and information available to the Commissioner as described below.

Facts and Procedural History:

Itasca Medical Care (IMCare) asked for an advisory opinion regarding whether it was subject to the requirements of a specific section of Minnesota Statutes, Chapter 13 (Data Practices Act).

IMCare provided the following summary of facts:

IMCare is organized as a county-based purchasing entity organized under Minn. Stat. § 256B.692 for the purposes of providing health insurance to Medicare- and Medicaid-eligible residents of Itasca County. It is also a Minnesota Health Care Program administered by Itasca County Health & Human Services. IMCare has contracts with the [Minnesota Department of Human Services] and the Centers for Medicare and Medicaid Services.

Section 6.1.22 of IMCare’s contract with DHS provides that IMCare must offer housing stabilization services (“HSS”) to IMCare members. These services are intended to provide support for members with disabilities and seniors to find and retain housing in the community. … Section 6.1.22 and its subparagraphs also outline the terms under which housing stabilization services are provided to members and how service providers will be compensated for services provided to members. …

In January 2025, in accordance with IMCare’s obligations to prevent fraud, waste, and abuse, IMCare conducted a review of HSS providers. IMCare prepared a report of its findings, which was requested by DHS, and sent to DHS on May 1, 2025 and July 22, 2025. DHS initiated an investigation. As of the date of this letter, DHS’s investigation into the HSS service provider at issue is ongoing. The report includes private data on individuals and protected health information.

On August 13, 2025, IMCare received a data practices request asking for “all publicly releasable data” about Medicaid fraud in HSS programs:

KARE 11 is requesting all publicly releasable data related to Medicare fraud concerns in the Housing Stabilization Services (HSS) program. Reports to DHS about fraud concerns in the program, documented determination of fraud by specific providers, stop payment orders, overpayment requests etc. …

On September 11, 2025, Eric Villeneuve, Health & Human Services Director, responded to the data practices request and informed the requesting party that the records requested were exempt from disclosure and cited applicable Minnesota law:

Per MN Statute 13.05, subd. 11, 13.387, and 13.46, subd. 3, records are currently withheld due to an open investigation. …

The same day, the requesting party stated that he would be appealing the decision. The requesting party also stated that IMCare was not part of the “Welfare System” and the exemption for investigative data was therefore not applicable. …

IMCare has not received any appeal and is not aware of any further action taken by the requesting party about this request. …

IMCare also submitted a copy of its contract with the Minnesota Department of Human Services (DHS) to provide Medicaid and MinnesotaCare services, which included provisions on offering housing stabilization services.

Issue:

Discussion:

Under Minnesota Statutes, section 13.03, subdivision 1, government data are public unless a state statute, federal law, or temporary classification classifies data as not public.

When a private party enters a contract with a government entity to perform any of its functions, the private party must comply with Data Practices Act in carrying out its duties related to the contract. (Minnesota Statutes, section 13.05, subdivision 11.)

Minnesota Statutes, section 13.387 states, in part, “The provisions of section 13.05, subdivision 11, apply to … county-based purchasing plans … contracting with a government entity for health care related services.”

Minnesota Statutes, section 13.46, subdivision 1(c) defines “welfare system” for the purposes of that section. Subdivision 1(c) states, “‘Welfare system’ includes the Department of Human Services; … and persons, agencies, institutions, organizations, and other entities under contract to any of the above agencies to the extent specified in the contract.”

In its request to the Commissioner, IMCare explained the data requester argued that it was not an organization included in the definition of “welfare system” as described in section 13.46, subd. 1(c). Therefore, the requester maintained, IMCare’s reliance on section 13.46, subdivision 3 to withhold responsive data was not appropriate.

IMCare added:

[S]ection 13.46, subdivision 1(c) includes the “Department of Human Services” and “persons, institutions, organizations, and other entities under contract to any of the above agencies to the extent specified in the contract.” IMCare believes it is included within the definition of “welfare system” in subdivision 1(c) because it has a contract with DHS to provide, among other things, housing stabilization services.

The Commissioner agrees with IMCare’s analysis.

Section 13.05, subd. 11 requires private parties to comply with the requirements of the Data Practices Act when contracting with a government entity to perform any of its functions. Section 13.387 establishes that county-based purchasing plans, such as IMCare, are subject to the requirements of section 13.05, subd. 11 when contracting with a government entity to provide health-care related services.

Additionally, as IMCare has noted, the definition of “welfare system” extends to organizations under contract with DHS to provide government services. IMCare has contracted with DHS to provide services to residents, including housing stabilization services, which were the subject of the August 13 data request.

Specifically, section 13.3 of IMCare’s contract with DHS states, “Under this Contract, [IMCare] is part of the ‘welfare system,’ as defined in Minnesota Statutes, §13.46, subd. 1, and Minnesota Rules, Parts 9500.1458 and 9506.0400, subp. 12. [IMCare] agrees to be bound by the applicable state and federal laws governing the security and privacy of information.” This language further supports the fact that IMCare is part of the “welfare system” under section 13.46.

Taken together, IMCare is subject to the requirements of section 13.46 because it has contracted with DHS to perform specific government functions involving health care services. As a result, IMCare’s response to the August 13 data request that the responsive data are part of an active investigation and classified as not public data under section 13.46, subd. 3 was appropriate.

Opinion:

Based on the facts and information provided, the Commissioner’s opinion on the issue is as follows:

Itasca Medical Care, a county-based purchasing plan, is subject to the requirements of Minnesota Statutes, section 13.46 because it has contracted with the Minnesota Department of Human Services to perform a government function. Therefore, IMCare meets the definition of “welfare system” as defined in section 13.46, subdivision 1(c).

Signed:

Tamar Gronvall
Commissioner

November 13, 2025