The person providing the information to the departments has not submitted that information under par. (a)
or a claim under par. (a) 2.
to the federal regulator; or
The federal regulator to which the information has been submitted has determined that the information is not entitled to confidential treatment and is subject to public disclosure under 5 USC 552
or under the coordinated framework.
The departments shall establish procedures to protect information required to be kept confidential under par. (a)
. Under the procedure, the departments may not submit any information under sub. (4) (d)
to any person who is not an employee of either of the departments unless that person has signed an agreement which satisfies the requirements of subd. 2.
The agreement required under subd. 1.
shall provide that information which is the subject of the agreement is subject to confidential treatment, shall prohibit the release or sharing of the information with any other person except at the direction of the reviewing department and in compliance with this section, shall acknowledge the penalties in sub. (9)
, s. 134.90
and any other applicable state law identified by the departments for the unauthorized disclosure of the information and shall contain a statement that the person receiving the information, any member of his or her immediate family or any organization with which he or she is associated has no substantial financial interest in the regulated release which is the subject of the information. Any person submitting the information under sub. (3)
may waive any of the requirements under this subdivision.
A reviewing department may waive part or all of the requirements under sub. (3)
for a specified regulated release if the reviewing department determines that the satisfaction of that requirement is not necessary to protect the public health or the environment.
A reviewing department may exempt a class of regulated releases from part or all of any requirement under sub. (3)
if the department determines that the satisfaction of that requirement or part of a requirement is not necessary to protect the public health or the environment.
The attorney general shall enforce subs. (3)
. The circuit court for Dane County or for the county where a violation occurred in whole or in part has jurisdiction to enforce this section by injunctive and other relief appropriate for enforcement. In an enforcement action under this section, if it is determined that a person commenced a regulated release and did not comply with sub. (3)
, the court shall issue an injunction directing the person to prevent or terminate the regulated release.
Any person who fails to submit the information required under sub. (3)
and has not commenced a regulated release shall forfeit not more than $100 for each violation. Any person who commences or continues a regulated release without having submitted the information required under sub. (3)
shall forfeit not less than $10 nor more than $25,000 for each violation. Each day of continued violation under this paragraph is a separate offense.
Any person who intentionally violates sub. (3)
after commencing a regulated release shall be fined not less than $100 nor more than $25,000 or imprisoned for not more than one year in the county jail or both.
For a 2nd or subsequent violation under par. (ag)
, a person may be fined not more than $50,000 or imprisoned for not more than 9 months or both.
Any person who intentionally violates any requirement under sub. (6) (a)
shall be fined not less than $50 nor more than $50,000 or imprisoned for not less than one month nor more than 6 months or both.
(c) Paragraphs (a)
do not apply to any person who provides the information required under sub. (3)
to either of the departments.
(10) Relation to other laws.
The authority, power and remedies provided in this section are in addition to any authority, power or remedy provided in any other statutes or provided at common law.
Rural hospital loan program. 146.62(4)
(4) Departmental duties.
The department shall negotiate with each recipient of a loan made under s. 146.62 (2)
, 1989 stats., the schedule of repayments and collect the loan repayments as they are due. Loan repayments shall be deposited in the general fund. Except as provided in sub. (5)
, repayment for each loan shall begin no later than 12 months after the project funded under the loan begins operation.
(5) Loan forgiveness.
If a rural hospital that receives a loan under s. 146.62 (2)
, 1989 stats., is unable to undertake the proposed project, the rural hospital may submit to the department a final report concerning the feasibility of loan repayment. The department shall review the report and may forgive all or part of the loan.
Rural health dental clinics. 146.65(1)
From the appropriation account under s. 20.435 (1) (dm)
, the department shall distribute moneys as follows:
In each fiscal year, not more than $232,000, to the rural health dental clinic located in Ladysmith that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Rusk, Price, Taylor, Sawyer, and Chippewa.
In each fiscal year, not more than $355,600, to the rural health dental clinic located in Menomonie that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Barron, Chippewa, Dunn, Pepin, Pierce, Polk, and St. Croix.
In each fiscal year, not more than $400,000, to a rural health clinic in Chippewa Falls to provide dental services to persons who are developmentally disabled or elderly or who have low income, in the area surrounding Chippewa Falls, including the counties of Chippewa, Dunn, Barron, Taylor, Clark, and Eau Claire.
The department shall also seek federal funding to support the operations of the rural health dental clinics under sub. (1)
Low-income dental clinics. 146.66(1)
From the appropriation account under s. 20.435 (1) (dk)
, in each fiscal year, the department shall award grants to no fewer than 9 nonprofit dental clinics that meet the eligibility requirements under sub. (2)
and are located in this state.
To be eligible for a grant under sub. (1)
, a nonprofit dental clinic must satisfy all of the following requirements:
The clinic's primary purpose is to provide dental care to low-income patients, which may include any of the following individuals:
The department shall seek federal funding to support the operations of dental clinics that receive grants under sub. (1)
and shall request that the federal department of health and human services encourage collaborative arrangements between private dentists and health centers that receive federal funds under 42 USC 254b
History: 2011 a. 32
Grant for colposcopies and other services.
From the appropriation account under s. 20.435 (1) (dg)
, the department shall provide $75,000 in each fiscal year to an entity that satisfies the following criteria to provide colposcopic examinations and to provide services to medical assistance recipients or persons who are eligible for medical assistance:
The entity is located in the western or northern public health region of the state, as determined by the department.
The entity provides Papanicolaou tests, and at least 50 percent of the persons for whom the entity provides Papanicolaou tests are recipients of medical assistance or are eligible for medical assistance.
History: 2007 a. 20
; 2009 a. 28
Determination of death.
An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards.
History: 1981 c. 134
To determine whether an infant was "born alive" under s. 939.22 (16) for purposes of the homicide laws, courts apply s. 146.71. State v. Cornelius, 152 Wis. 2d 272
, 448 N.W.2d 434
(Ct. App. 1989).
"Health care provider" means any of the following:
A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448
A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457
A speech-language pathologist or audiologist licensed under subch. II of ch. 459
or a speech and language pathologist licensed by the department of public instruction.
A massage therapist or bodywork therapist licensed under ch. 460
A corporation or limited liability company of any providers specified under pars. (a)
that provides health care services.
A cooperative health care association organized under s. 185.981
that directly provides services through salaried employees in its own facility.
"Informed consent" means written consent to the disclosure of information from patient health care records to an individual, agency or organization that includes all of the following:
The name of the patient whose record is being disclosed.
The types of health care providers making the disclosure.