LRB-3197/1
DAK:jrd:jlb
1995 - 1996 LEGISLATURE
March 21, 1995 - Introduced by Representatives Ward, Olsen, Ziegelbauer,
Lehman, Ainsworth, Freese, Prosser, Zukowski, Owens, Hahn, F. Lasee,
Musser, Silbaugh, Seratti, Goetsch, Porter, Gard, Ladwig, Handrick and
Grothman, cosponsored by Senators Rude, Buettner, Panzer, Weeden and
Schultz. Referred to Committee on Mandates.
AB241,1,7
1An Act to renumber 51.437 (4r);
to amend 46.23 (3) (e), 51.42 (3) (e), 51.437 (10)
2(d) and 51.437 (10m) (h); and
to create 46.215 (1m), 46.22 (1) (dm) and 51.437
3(4r) (b) of the statutes;
relating to: permitting exchange of certain confidential
4client information among subunits of the same county departments of social
5services and developmental disabilities services and expanding the exchange
6of certain confidential client information among subunits of county
7departments of human services and community programs.
Analysis by the Legislative Reference Bureau
Under current law, a subunit of a county department of human services in
Milwaukee County may, without a client's informed consent, exchange certain
confidential information with any other subunit of the same county department of
human services or with a person who provides services to the client under a purchase
of services contract with the county department of human services, if the exchange
is necessary to enable an employe or service provider to perform duties or to enable
client service delivery. The information that may be exchanged can relate to records
about children in the care or legal custody of certain agencies; information about
applicants and recipients of medical assistance, general relief, aid to families with
dependent children, child and spousal support, establishment of paternity services
and supplemental security income supplements; treatment and registration records
of persons who are receiving or have received services for mental illness,
developmental disability, alcoholism or drug dependence; treatment and service
records for persons who are protectively placed or for whom protective placement is
sought; patient health care records; reports of records concerning sexually
transmitted diseases; and information gathered by an entity, agency or person
conducting programs in family planning. Currently, subunits of a county
department of human services of a county other than Milwaukee County may
exchange the same kind of confidential client information, except for records about
children in the care or legal custody of certain agencies. Lastly, subunits of a county
department of community programs may exchange the same kind of confidential
client information, except for records about children in the care or legal custody of
certain agencies and except for information gathered by an entity, agency or person
conducting programs in family planning.
This bill provides to subunits of county departments of social services in all
counties, including Milwaukee County, and to subunits of county departments of
developmental disabilities services the authority to exchange confidential
information about a client, without the client's informed consent, with any other
subunit of the same county department of social services or developmental
disabilities services or with service providers if it is necessary to perform duties or
to enable client service delivery. The information that may be exchanged is the same
as the information that may, under current law, be exchanged among subunits of a
county department of human services in Milwaukee County. In addition, the bill
expands the types of information that may be exchanged by subunits of the same
county department of human services of a county other than Milwaukee County and
by subunits of the same county department of community programs to be the same
as the information that may, under current law, be exchanged among subunits of a
county department of human services in Milwaukee County.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB241, s. 1
1Section
1. 46.215 (1m) of the statutes is created to read:
AB241,3,22
46.215
(1m) Exchange of information. Notwithstanding ss. 48.78 (2) (a),
349.45 (4), 49.53 (1m), 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07
4(3) (c), any subunit of the county department of social services acting under this
5section may exchange confidential information about a client, without the informed
6consent of the client, with any other subunit of the same county department of social
7services or with any person providing services to the client under a purchase of
8services contract with the county department of social services, if necessary to enable
1an employe or service provider to perform his or her duties, or to enable the county
2department of social services to coordinate the delivery of services to the client.
AB241, s. 2
3Section
2. 46.22 (1) (dm) of the statutes is created to read:
AB241,3,134
46.22
(1) (dm)
Exchange of information. Notwithstanding ss. 48.78 (2) (a),
549.45 (4), 49.53 (1m), 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07
6(3) (c), any subunit of the county department of social services acting under this
7subsection may exchange confidential information about a client, without the
8informed consent of the client, with any other subunit of the same county department
9of social services or with any person providing services to the client under a purchase
10of services contract with the county department of social services, if necessary to
11enable an employe or service provider to perform his or her duties, or to enable the
12county department of social services to coordinate the delivery of services to the
13client.
AB241, s. 3
14Section
3. 46.23 (3) (e) of the statutes is amended to read:
AB241,3,2415
46.23
(3) (e)
Exchange of information. Notwithstanding ss.
48.78 (2) (a), 49.45
16(4), 49.53 (1m), 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3)
17(c), any subunit of a county department of human services acting under this section
18may exchange confidential information about a client, without the informed consent
19of the client, with any other subunit of the same county department of human
20services or with any person providing services to the client under a purchase of
21services contract with the county department of human services, if necessary to
22enable an employe or service provider to perform his or her duties, or to enable the
23county department of human services to coordinate the delivery of services to the
24client.
AB241, s. 4
25Section
4. 51.42 (3) (e) of the statutes is amended to read:
AB241,4,10
151.42
(3) (e)
Exchange of information. Notwithstanding ss.
48.78 (2) (a), 49.45
2(4), 49.53 (1m), 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82
and, 252.11 (7)
and 253.07
3(3) (c), any subunit of a county department of community programs acting under this
4section may exchange confidential information about a client, without the informed
5consent of the client, with any other subunit of the same county department of
6community programs or with any person providing services to the client under a
7purchase of services contract with the county department of community programs,
8if necessary to enable an employe or service provider to perform his or her duties, or
9to enable the county department of community programs to coordinate the delivery
10of services to the client.
AB241, s. 5
11Section
5. 51.437 (4r) of the statutes is renumbered 51.437 (4r) (a).
AB241, s. 6
12Section
6. 51.437 (4r) (b) of the statutes is created to read:
AB241,4,2213
51.437
(4r) (b) Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.53 (1m), 51.30,
1451.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3) (c), any subunit of the
15county department of developmental disabilities services acting under this section
16may exchange confidential information about a client, without the informed consent
17of the client, with any other subunit of the same county department of developmental
18disabilities services or with any person providing services to the client under a
19purchase of services contract with the county department of developmental
20disabilities services, if necessary to enable an employe or service provider to perform
21his or her duties, or to enable the county department of developmental disabilities
22services to coordinate the delivery of services to the client.
AB241, s. 7
23Section
7. 51.437 (10) (d) of the statutes is amended to read:
AB241,5,3
151.437
(10) (d) After consultation with the county developmental disabilities
2services board administer the duties of the county department of disabilities services
3under sub. (4r)
(b) (a) 2.
AB241, s. 8
4Section
8. 51.437 (10m) (h) of the statutes is amended to read:
AB241,5,75
51.437
(10m) (h) After consultation with the county developmental disabilities
6services board administer the duties of the county department of disabilities services
7under sub. (4r)
(b) (a) 2.
