What Gives You the Right? Interpreting Tangible Interest Requirements.
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Transcript of What Gives You the Right? Interpreting Tangible Interest Requirements.
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What Gives You the What Gives You the Right?Right?
Interpreting Tangible Interest Interpreting Tangible Interest RequirementsRequirements
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ReferenceReference
MN Statutes, section 144.225MN Statutes, section 144.225
MN Rules, part 4601. 2600, MN Rules, part 4601. 2600, subpart 12subpart 12
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I am the: SubjectI am the: Subject
Because I am the child listed on Because I am the child listed on the birth recordthe birth record
Because I am the decedent listed Because I am the decedent listed on the death record? on the death record?
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Parent of the subjectParent of the subject
Because my name is on the birth Because my name is on the birth recordrecord
Because my name is on the death Because my name is on the death recordrecord
Because I have a court order that Because I have a court order that names me as the biological father names me as the biological father of the childof the child
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Other family membersOther family members
Child/Spouse/Sibling of the Child/Spouse/Sibling of the subjectsubject
Grandparent/Grandchild of Grandparent/Grandchild of the subjectthe subject
Because I say soBecause I say so(really)(really)(trust me)(trust me)
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SpouseSpouse
Must be the spouse listed on the Must be the spouse listed on the death certificatedeath certificate
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Sibling of the subjectSibling of the subject
Can an individual get a Can an individual get a sibling’s birth certificate?sibling’s birth certificate?
NONO
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Party responsible for Party responsible for filing the recordfiling the record Birth certificate:Birth certificate:
Hospital birth registrar or midwifeHospital birth registrar or midwife Death certificate:Death certificate:
Funeral home, physician, medical Funeral home, physician, medical examiner or coronerexaminer or coroner
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Legal custodian, Legal custodian, guardian, conservatorguardian, conservator Because I have a court order Because I have a court order
showing this legal relationship showing this legal relationship
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Health care agentHealth care agent
Because I have a health care Because I have a health care power of attorneypower of attorney
Definition (MN Statute 145C.01, Definition (MN Statute 145C.01, subd. 2):subd. 2):
““An individual age 18 or older who is An individual age 18 or older who is appointed by a principal in a health appointed by a principal in a health care power of attorney to make care power of attorney to make health care decisions on behalf of the health care decisions on behalf of the principal.”principal.”
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Personal Personal representativerepresentative Because I am an executor, Because I am an executor,
administrator, or have been administrator, or have been appointed by a court to appointed by a court to administer the subject’s estateadminister the subject’s estate
The subject of the record must be The subject of the record must be deceaseddeceased
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SuccessorSuccessor
Because I am a person, other Because I am a person, other than a creditor, who is entitled to than a creditor, who is entitled to property of the decedent under property of the decedent under the decedent’s will.the decedent’s will.
Definition paraphrased from MN Definition paraphrased from MN Statute 524.1-201Statute 524.1-201
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TrusteeTrustee
Because I am responsible for Because I am responsible for administering the decedent’s administering the decedent’s trusttrust
Request must be for death Request must be for death certificate onlycertificate only
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Protection of a Protection of a personal or property personal or property rightright Because I can prove the Because I can prove the
certificate is needed for:certificate is needed for: Insurance benefitsInsurance benefits Social security benefitsSocial security benefits Loan collectionLoan collection Transfer of propertyTransfer of property
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Adoption agencyAdoption agency
Because the certificate is needed Because the certificate is needed to complete a confidential post-to complete a confidential post-adoption searchadoption search
Certificate may be for:Certificate may be for: Birth parent of adopteeBirth parent of adoptee Genetic sibling of adopteeGenetic sibling of adoptee
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Local, State, or Local, State, or Federal government Federal government agencyagency Because the certificate is needed Because the certificate is needed
to complete agency dutiesto complete agency duties Most common requester: Most common requester:
representative of MN Department representative of MN Department of Human Servicesof Human Services
May ask requester to submit May ask requester to submit agency ID if agency is out of state agency ID if agency is out of state or unfamiliaror unfamiliar
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AttorneyAttorney
Because I have presented proof of Because I have presented proof of licensurelicensure
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Court orderCourt order
Because I have a court order Because I have a court order directing release of the birth or directing release of the birth or death certificate to medeath certificate to me
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Authorized Authorized representativerepresentative Because I have a notarized Because I have a notarized
statement signed by someone statement signed by someone who does have direct tangible who does have direct tangible interest giving me authority to interest giving me authority to obtain the birth or death obtain the birth or death certificatecertificate
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Confidential Birth Confidential Birth RecordsRecords A birth record may be confidential A birth record may be confidential
when a child’s parents are not when a child’s parents are not married when the child is bornmarried when the child is born
How does a confidential birth How does a confidential birth record differ from the normal record differ from the normal “confidential” data classification?“confidential” data classification? The data may be issued to the The data may be issued to the
subject of the data (as well as others)subject of the data (as well as others)
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Confidential Birth Confidential Birth RecordsRecords A confidential birth record may be issued A confidential birth record may be issued
to:to: The subject age 16 or olderThe subject age 16 or older A parent on the recordA parent on the record A legal guardian of the subjectA legal guardian of the subject A person with a court order directing release A person with a court order directing release
of the recordof the record Representative of the Dept. of Human ServicesRepresentative of the Dept. of Human Services A person with a notarized authorization from a A person with a notarized authorization from a
person aboveperson above
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Tangible InterestTangible Interest
Odd situation? Confusing Odd situation? Confusing paperwork?paperwork?
A good guide: if asking for A good guide: if asking for documentation, find a clear documentation, find a clear connection between the requester connection between the requester and the subject of the recordand the subject of the record
Can fax application & documents Can fax application & documents to OSR (651-201-5740) attn.: Heidi to OSR (651-201-5740) attn.: Heidi for guidancefor guidance
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Questions?Questions?