LRBs0374/3
DAK:jlg:ijs
1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 250
January 15, 1998 - Offered by Committee on Health, Human Services, Aging,
Corrections, Veterans and Military Affairs
.
SB250-SSA1,1,4 1An Act to amend 146.83 (1) (b), 908.03 (6m) (d) and 908.03 (6m) (d); and to
2create
146.83 (3m) of the statutes; relating to: fees chargeable for duplicate
3health care records and X-ray reports and referral of X-rays and granting
4rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB250-SSA1, s. 1 5Section 1. 146.83 (1) (b) of the statutes is amended to read:
SB250-SSA1,1,86 146.83 (1) (b) Receive After March 31, 1999, receive a copy of the patient's
7health care records upon payment of reasonable costs fees, as established by rule
8under sub. (3m)
.
SB250-SSA1, s. 2 9Section 2. 146.83 (3m) of the statutes is created to read:
SB250-SSA1,2,410 146.83 (3m) The department shall, by rule, prescribe fees that are based on an
11approximation of actual costs. The fees, plus applicable state tax, are the maximum
12amount that a health care provider may charge under sub. (1) (b) for duplicate

1patient health care records and under sub. (1) (c) for duplicate X-ray reports or the
2referral of X-rays to another health care provider of the patient's choice. The rule
3shall also permit the health care provider to charge for actual postage or other actual
4delivery costs.
SB250-SSA1, s. 3 5Section 3 . 908.03 (6m) (d) of the statutes is amended to read:
SB250-SSA1,2,136 908.03 (6m) (d) Fees. The Before April 1, 1999, the department of health and
7family services shall, by rule, prescribe uniform fees that are based on an
8approximation of the actual costs. The fees, plus applicable state tax, are the
9maximum amount
that a health care provider may charge under par. (c) 3. for
10certified duplicate patient health care records. The rule shall also allow the health
11care provider to charge for actual postage or other actual delivery costs. The
12commencement of an action is not a prerequisite for the application of this
13paragraph.
SB250-SSA1, s. 4 14Section 4 . 908.03 (6m) (d) of the statutes, as affected by 1997 Wisconsin Act
15.... (this act), is amended to read:
SB250-SSA1,2,2516 908.03 (6m) (d) Fees. Before April 1, 1999 After March 31, 1999, the
17department of health and family services shall, by rule, prescribe uniform fees that
18are based on an approximation of actual costs. The fees, plus applicable state tax,
19are the maximum amount that a health care provider may charge for certified
20duplicate patient health care records. The rule shall also allow the health care
21provider to charge for actual postage or other actual delivery costs. The
22commencement of an action is not a prerequisite for the application of this paragraph

23For duplicate patient health care records and duplicate X-ray reports or the referral
24of X-rays to another health care provider that are requested prior to commencement
25of an action, s. 146.83 (1) (b) and (c) and (3m) applies
.
SB250-SSA1, s. 5
1Section 5. Nonstatutory provisions.
SB250-SSA1,3,62 (1) Fees for patient health care records; rules. The department of health and
3family services shall submit in proposed form the rules required under section 146.83
4(3m) of the statutes, as created by this act, to the legislative council staff under
5section 227.15 (1) of the statutes no later than the first day of the 5th month
6beginning after the effective date of this subsection.
SB250-SSA1, s. 6 7Section 6. Effective dates. This act takes effect on the day after publication,
8except as follows:
SB250-SSA1,3,109 (1) Fees for patient health care records; rules. The treatment of section
10908.03 (6m) (d) (by Section 4 ) of the statutes takes effect on April 1, 1999.
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