Amendment SA3-SB212

LRBa1834/1

TJD:cjs:rs

2011 - 2012 LEGISLATURE

SENATE AMENDMENT 3, TO 2011 SENATE BILL 212

October 27, 2011 - Offered by Senators Carpenter and Lassa.

SB212-SA3,1,1 At the locations indicated, amend the bill as follows:

SB212-SA3,1,4 1. Page 1, line 7: after "homes," insert "confidentiality of health care services reviews, use as evidence of information regarding health care providers, reporting of quality indicators identifying individual hospitals,".

SB212-SA3,1,5 2. Page 14, line 5: after that line insert:

SB212-SA3,1,7 " Section 25d. 146.38 (1) (bm) of the statutes, as created by 2011 Wisconsin Act 2, is repealed.

SB212-SA3, s. 25e Section 25e. 146.38 (1m) of the statutes, as affected by 2011 Wisconsin Act 2, is amended to read:

SB212-SA3,1,13 146.38 (1m) No person who participates in the review or evaluation of the services of health care providers or charges for such services may disclose an incident or occurrence report or any information acquired in connection with such review or evaluation except as provided in sub. (3) or (3m).

SB212-SA3, s. 25f Section 25f. 146.38 (2) of the statutes, as affected by 2011 Wisconsin Act 2, is amended to read:

SB212-SA3,2,19 146.38 (2) All persons, organizations, or evaluators, whether from one or more entities, who review or evaluate the services of health care providers in order to help improve the quality of health care, to avoid improper utilization of the services of health care providers, or to determine the reasonable charges for such services shall keep a record of their investigations, inquiries, proceedings and conclusions. No such record may be released to any person under s. 804.10 (4) or otherwise except as provided in sub. (3) or (3m). No such record may be used in any civil or criminal action for personal injuries against the health care provider or any other health care provider; however, except for incident or occurrence reports or records from other persons, organizations, or evaluators reviewing or evaluating health care providers, information, documents or records presented during the review or evaluation may not be construed as immune from discovery under s. 804.10 (4) or use in any civil or criminal action merely because they were so presented. Any person who testifies during or participates in the review or evaluation may testify in any civil or criminal action as to matters within his or her knowledge, but may not testify as to information obtained through his or her participation in the review or evaluation, nor as to any conclusion of such review or evaluation.

SB212-SA3, s. 25g Section 25g. 146.38 (2m) of the statutes, as created by 2011 Wisconsin Act 2, is repealed.

SB212-SA3, s. 25h Section 25h. 146.38 (3) (dg) of the statutes is created to read:

SB212-SA3,2,24 146.38 (3) (dg) In a report in statistical form. The report may identify any provider to which the statistics relate.

SB212-SA3, s. 25j Section 25j. 146.38 (3) (em) of the statutes is created to read:

SB212-SA3,3,2 146.38 (3) (em) With regard to any criminal matter, to a court of record, in accordance with chs. 885 to 895 and 995 and after issuance of subpoena.

SB212-SA3, s. 25k Section 25k. 146.38 (3m) of the statutes, as created by 2011 Wisconsin Act 2, is repealed.

SB212-SA3, s. 25m Section 25m. 146.38 (3t) of the statutes, as created by 2011 Wisconsin Act 2, is repealed.

SB212-SA3, s. 25n Section 25n. 146.38 (6) of the statutes, as created by 2011 Wisconsin Act 2, is repealed.

SB212-SA3, s. 25p Section 25p. 153.05 (3m) of the statutes, as created by 2011 Wisconsin Act 2, is repealed.

SB212-SA3, s. 25w Section 25w. 904.16 of the statutes, as created by 2011 Wisconsin Act 2, is repealed.".

SB212-SA3,3,13 3. Page 15, line 3: after that line insert:

SB212-SA3,3,14 "(7) Disclosures; use of records; evidence.

SB212-SA3,3,17 (a) The treatment of section 146.38 (1m), (2), (3) (dg) and (em), and (3m) of the statutes first applies to disclosures or releases occurring on the effective date of this paragraph.

SB212-SA3,3,19 (b) The treatment of section 146.38 (2) and (2m) of the statutes first applies to use of records or information on the effective date of this paragraph.

SB212-SA3,3,23 (c) The treatment of section 904.16 of the statutes first applies to health care provider reports received, and statements of, or records or interviews with, employees of a health care provider obtained, on the effective date of this paragraph.".

SB212-SA3,3,24 (End)