AB303: Bill Text

LRB-1140/1

TAY&RPN:kmg&jlg:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 303

April 17, 1997 - Introduced by Representative Schneider. Referred to Committee on Health.

AB303,1,6 An Act to renumber 51.30 (1) (a); to renumber and amend 146.82 (2) (b) and 146.82 (2) (d); to amend 146.82 (2) (a) 10., 632.725 (2) (d) and 908.03 (6m) (c) 3.; and to create 51.30 (1) (ag), 118.125 (1) (e), 146.81 (2) (i), 146.81 (6), 146.82 (2) (b) 2., 146.82 (2) (d) 1. and 2., 146.82 (2) (e), 146.82 (2) (f), 146.825, 252.15 (5) (a) 14m. and 908.03 (6m) (c) 3. a. and b. of the statutes; relating to: patient health care records, mental health records and pupil records.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, the results of a test for the presence of the human immunodeficiency virus (HIV), antigen or nonantigenic products of HIV or an antibody to HIV may not be disclosed by any person other than the person who is the subject of the test or that person's health care agent if the person has executed a power of attorney for health care instrument.

This bill allows the following persons to disclose the results of the test to any person if the test subject is deceased:

1. A parent, guardian or legal custodian of the individual if the individual is a minor child, or the person vested with supervision of the child.

2. The guardian of the individual if the individual was adjudged incompetent.

3. The spouse of the individual, or, if no spouse survives the individual, an adult member of the individual's immediate family.

4. The personal representative of the individual.

5. Any person authorized in writing by the individual or a health care agent designated by the individual as a principal if the individual has been found to be incapacitated.

Currently, except under certain circumstances, information from a patient's health care records may not be released to any person without the patient's informed consent. Informed consent must be in writing and include several elements, such as the patient's name and signature, the type of information to be disclosed and the purpose of the disclosure. For situations in which the health care provider is permitted to release a patient's health care records without the patient's consent, the health care provider must record the name of the person or agency to which the records were released, the date and time of the release and the identification of the records released.

Under this bill, the written consent must also include a statement that the consent applies to information entered into the patient record on or before the date on which the consent is signed or the date of the disclosure of the information. The bill provides that a health care provider may release patient health care records to an employe of the health care provider or to a person designated by the health care provider to perform a function of the health care provider without the informed consent of the patient and without having to make a record of the release. The bill also provides that the same standard that applies to the release by a health care provider of a patient's health care records without the patient's informed consent applies to a records custodian who is not a health care provider.

This bill authorizes an individual to challenge the accuracy of his or her patient health care record and request the health care provider who prepared the information to correct it. If the health care provider denies the request in whole or in part, the health care provider must provide the individual with a written explanation as to the reason for the denial and must allow the individual to insert into the individual's health care record a statement challenging the accuracy, completeness, timeliness or relevance of the pertinent information. Under the bill, the individual may appeal the decision of the health care provider to the medical examining board within 60 days of the denial. If the medical examining board determines that the requested change is appropriate, the medical examining board may require the health care provider to revise the patient's health care record and to destroy the inaccurate or incorrect information.

Currently, health care records needed for a legal proceeding are subject to subpoena only under limited circumstances. One of the circumstances is when a health care provider refuses to provide a record within 2 business days in response to a "properly authorized request" of an attorney. This bill defines what the term "properly authorized request" means, to include a statement of informed consent by the patient and the identity of the judicial or administrative proceeding where the record is needed.

Finally, this bill defines the term "record" for purposes related to health care records, mental health records and pupil records. Under the bill, a record is any material in which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved.

For further information see the state and 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:

AB303, s. 1 Section 1. 51.30 (1) (a) of the statutes is renumbered 51.30 (1) (am).

AB303, s. 2 Section 2. 51.30 (1) (ag) of the statutes is created to read:

AB303,3,6 51.30 (1) (ag) "Record" means any material in which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, including handwritten, typed or printed pages, charts, photographs, films, recordings, tapes, computer printouts and optical disks.

AB303, s. 3 Section 3. 118.125 (1) (e) of the statutes is created to read:

AB303,3,11 118.125 (1) (e) "Record" means any material in which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, including handwritten, typed or printed pages, charts, photographs, films, recordings, tapes, computer printouts and optical disks.

AB303, s. 4 Section 4. 146.81 (2) (i) of the statutes is created to read:

AB303,3,14 146.81 (2) (i) A statement that the consent applies to information entered into the patient health care records on or before one of the following dates:

AB303,3,15 1. The date on which the consent is signed under par. (g).

AB303,3,16 2. The date of the disclosure to a person specified in par. (e).

AB303, s. 5 Section 5. 146.81 (6) of the statutes is created to read:

AB303,3,21 146.81 (6) "Record" means any material in which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, including handwritten, typed or printed pages, charts, photographs, films, recordings, tapes, computer printouts and optical disks.

AB303, s. 6 Section 6. 146.82 (2) (a) 10. of the statutes is amended to read:

AB303,4,6 146.82 (2) (a) 10. To persons as provided under s. 655.17 (7) (b), as created by 1985 Wisconsin Act 29 655.465 (1), if the patient files a submission of controversy under s. 655.04 (1), 1983 stats., on or after July 20, 1985 and before June 14, 1986, for the purposes of s. 655.17 (7) (b), as created by 1985 Wisconsin Act 29 request for mediation under s. 655.44 or 655.445.

AB303, s. 7 Section 7. 146.82 (2) (b) of the statutes is renumbered 146.82 (2) (b) 1. and amended to read:

AB303,4,12 146.82 (2) (b) 1. Unless Except as provided under subd. 2., or unless authorized by a court of record, the recipient of any information under par. (a) shall keep the information confidential and may not disclose identifying information about the patient whose patient health care records are released.

AB303, s. 8 Section 8. 146.82 (2) (b) 2. of the statutes is created to read:

AB303,4,19 146.82 (2) (b) 2. The recipient of any information under par. (a) shall release a copy of the information to the patient who is the subject of the records, or to a person authorized by the patient, if the patient or person authorized by the patient submits a statement of informed consent to the recipient requesting the release. The recipient may charge a reasonable fee for providing the copy of the information under this subdivision.

AB303, s. 9 Section 9. 146.82 (2) (d) of the statutes is renumbered 146.82 (2) (d) (intro.) and amended to read:

AB303,5,2 146.82 (2) (d) (intro.) For each release of patient health care records under this subsection by a health care provider, the health care provider shall record the name of the person or agency to which the records were released, the date and time of the release and the identification of the records released. This paragraph does not apply to the release of patient health care records to any of the following persons:

AB303, s. 10 Section 10. 146.82 (2) (d) 1. and 2. of the statutes are created to read:

AB303,5,4 146.82 (2) (d) 1. An employe of the health care provider.

AB303,5,6 2. A person designated by the health care provider to perform a function of the health care provider.

AB303, s. 11 Section 11. 146.82 (2) (e) of the statutes is created to read:

AB303,5,13 146.82 (2) (e) 1. For each release of patient health care records under this subsection by a records custodian who is not a health care provider, the records custodian shall record the name of the person or agency to which the records were released, the date and time of the release and the identification of the records released. This subdivision does not apply to the release of patient health care to any of the following persons:

AB303,5,14 a. An employe of the records custodian.

AB303,5,16 b. A person designated by the records custodian to perform a function of the records custodian.

AB303,5,19 2. A records custodian shall maintain the information recorded under subd. 1. for as long as the records custodian maintains the patient health care records that pertain to the recorded information.

AB303,5,22 3. Any patient, or person authorized by the patient, may inspect the information recorded under subd. 1. pertaining to that patient at any time during regular business hours, upon reasonable notice.