153.50 (4) (a) 1. a. An agent of the department who is responsible for the patient-identifiable data in the department, in order to store the data and ensure the accuracy of the information in the database of the department or to create a calculated variable that is derived from the patient-identifiable data.
228,51
Section
51. 153.50 (4) (a) 1. b. of the statutes is amended to read:
153.50 (4) (a) 1. b. An agent of the entity under contract under s. 153.05 (2m) (a) who is responsible for the patient-identifiable data of the entity, in order to store the data and ensure the accuracy of the information in the database of the entity or to create a calculated variable that is derived from the patient-identifiable data.
228,52
Section
52. 153.50 (4) (a) 1. c. of the statutes is created to read:
153.50 (4) (a) 1. c. An agent of the data organization under contract under s. 153.05 (2r) who is responsible for the patient-identifiable data of the data organization, in order to store the data and ensure the accuracy of the information in the database of the data organization or to create a calculated variable that is derived from the patient-identifiable data.
228,53
Section
53. 153.50 (4) (a) 2. of the statutes is amended to read:
153.50 (4) (a) 2. A health care provider that is not a hospital or ambulatory surgery center or the agent of such a health care provider, to ensure the accuracy of the information in the database of the department or the data organization under contract under s. 153.05 (2r), or a health care provider that is a hospital or ambulatory surgery center or the agent of such a health care provider, to ensure the accuracy of the information in the database of the entity under contract under s. 153.05 (2m) (a).
228,54
Section
54. 153.50 (4) (a) 3. of the statutes is amended to read:
153.50 (4) (a) 3. The department or its agent, for purposes of epidemiological investigation, or, with respect to information from health care providers that are not hospitals or ambulatory surgery centers, the department or the data organization under contract under s. 153.05 (2r), to eliminate the need for duplicative databases.
228,55
Section
55. 153.50 (4) (c) of the statutes is created to read:
153.50
(4) (c) The data organization under contract under s. 153.05 (2r) may not share health care claims data collected by the data organization unless the sharing is in compliance with
42 USC 1320d-2 and
1320d-4 and
45 CFR 164.
228,56
Section
56. 153.50 (5) (a) (intro.) of the statutes is amended to read:
153.50 (5) (a) (intro.) The department or
, an entity that is under contract under s. 153.05 (2m) (a), or a data organization that is under contract under s. 153.05 (2r) may not release or provide access to patient-identifiable data to a person authorized under sub. (4) (a) unless the authorized person requests the department or, entity, or data organization, in writing, to release the patient-identifiable data. The request shall include all of the following:
228,57
Section
57. 153.50 (5) (b) (intro.) of the statutes is amended to read:
153.50 (5) (b) (intro.) Upon receipt of a request under par. (a), the department or, entity
under contract under s. 153.05 (2m) (a) , or data organization, whichever is appropriate applicable, shall, as soon as practicable, comply with the request or notify the requester, in writing, of all of the following:
228,58
Section
58. 153.50 (5) (b) 1. of the statutes is amended to read:
153.50 (5) (b) 1. That the department or
, entity, or data organization, as applicable, is denying the request in whole or in part.
228,59
Section
59. 153.60 (title) of the statutes is amended to read:
153.60 (title) Assessments to fund operations of department and board.
228,60
Section
60. 153.60 (intro.) of the statutes is created to read:
153.60 (intro.) Subject to s. 153.455:
228,61
Section
61
. 153.60 (1) of the statutes, as affected by Wisconsin Act 25, is amended to read:
153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and, maintaining the board, and contracting with the data organization under s. 153.05 (2r). The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (1) (hi) from the prior fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (1) (hg).
228,62
Section
62
. 153.60 (1) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:
153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a), maintaining the board, and contracting with the data organization under s. 153.05 (2r). The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (1) (hi) from the prior fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (1) (hg).
153.65 (1) The Subject to s. 153.455, the department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (1) (hi).
228,65
Section
65. 153.67 of the statutes is repealed.
228,66
Section
66
. 153.75 (1) (intro.) of the statutes is amended to read:
153.75 (1) (intro.) Following approval by the board, the The department shall promulgate the following rules:
228,67
Section
67
. 153.75 (1) (intro.) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:
153.75 (1) (intro.) The department shall promulgate the following rules, of which pars. (a), (b), (f), (h), (m), (n), (o), (r), (t), and (u) shall apply only if the contract under s. 153.05 (2r) is terminated under s. 153.455 (3) and s. 153.455 (4) applies:
228,68
Section
68
. 153.75 (2) (intro.) of the statutes is amended to read:
153.75 (2) (intro.) Following approval by the board, the The department may promulgate all of the following rules:
228,69
Section
69
. 153.75 (2) (intro.) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:
153.75 (2) (intro.) The department may promulgate all of the following rules, which shall apply only if the contract under s. 153.05 (2r) is terminated under s. 153.455 (3) and s. 153.455 (4) applies:
228,70
Section
70. 153.75 (2) (d) of the statutes is repealed.
228,71
Section
71. 153.76 of the statutes is repealed.
228,72m
Section 72m.
Appropriation changes.
(1) Contract with data organization. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of employee trust funds under section 20.515 (1) (ut) of the statutes, as affected by the acts of 2005, the dollar amount is increased by $150,000 for fiscal year 2006-07 to provide one-time funding for the costs of contracting for data collection, analysis, and reporting of health care claims information by a data organization.
228,73
Section
73.0
Effective dates. This act takes effect on the day after publication, except as follows:
(1) Elimination of Board on Health Care Information. The treatment of sections 15.07 (2) (b) and (3) (bm) 1., 15.195 (6), 20.435 (1) (hg) (by Section
8), 153.01 (2), 153.05 (6r), 153.07, 153.50 (3) (a), 153.60 (title), 153.60 (1) (by Section 62
), 153.75 (1) (intro.) (by Section 66) and (2) (intro.) (by Section 68
), and 153.76 of the statutes takes effect on July 1, 2006.
(2) Elimination of Independent Review Board. The treatment of sections 15.195 (9), 153.45 (1) (b) 9. and 11. and (c) (intro.) and (6), and 153.67 of the statutes takes effect on July 1, 2006.
(3) Voluntary health care plan reporting. The treatment of sections 153.05 (6r), 153.60 (3), and 153.75 (2) (d) of the statutes takes effect on the date specified in section 153.455 (1) of the statutes, as created by this act.
(4) Elimination of interagency coordinating council. The treatment of sections 15.107 (7) and 16.03 of the statutes takes effect on July 1, 2006.
(5) Suspension of Rules. The treatment of sections 153.75 (1) (intro.) (by Section 67
) and (2) (intro.) (by Section 69) of the statutes takes effect on the date specified in section 153.455 (1) of the statutes, as created by this act.
(5m) Funding by the Department of Employee Trust Funds. The treatment of sections 20.515 (1) (ut) (by Section 10n) and 153.05 (2r) (intro.) (by Section 20m) of the statutes takes effect on June 30, 2007.
