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146.64 History History: 2013 a. 20.
146.65 146.65 Rural health dental clinics.
146.65(1) (1) From the appropriation account under s. 20.435 (1) (dm), the department shall distribute moneys as follows:
146.65(1)(a) (a) 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.
146.65(1)(b) (b) 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.
146.65(1)(c) (c) 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.
146.65(2) (2) The department shall also seek federal funding to support the operations of the rural health dental clinics under sub. (1).
146.65 History History: 2001 a. 16; 2003 a. 33; 2005 a. 25; 2009 a. 28.
146.66 146.66 Low-income dental clinics.
146.66(1) (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.
146.66(2) (2) To be eligible for a grant under sub. (1), a nonprofit dental clinic must satisfy all of the following requirements:
146.66(2)(a) (a) The clinic does not receive federal funds under 42 USC 254b.
146.66(2)(b) (b) The clinic's primary purpose is to provide dental care to low-income patients, which may include any of the following individuals:
146.66(2)(b)1. 1. Recipients of medical assistance, as defined in s. 49.43 (8).
146.66(2)(b)2. 2. Low-income individuals who do not qualify for medical assistance, as defined in s. 49.43 (8).
146.66(2)(b)3. 3. Individuals under the age of 18.
146.66(2)(b)4. 4. Individuals over the age of 65.
146.66(2)(b)5. 5. Individuals with disabilities.
146.66(3) (3) 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.
146.66 History History: 2011 a. 32.
146.68 146.68 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:
146.68(1) (1) The entity is located in the western or northern public health region of the state, as determined by the department.
146.68(2) (2) 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.
146.68 History History: 2007 a. 20; 2009 a. 28.
146.71 146.71 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.
146.71 History History: 1981 c. 134.
146.71 Annotation 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).
146.81 146.81 Health care records; definitions. In ss. 146.81 to 146.84:
146.81(1) (1) "Health care provider" means any of the following:
146.81(1)(a) (a) A nurse licensed under ch. 441.
146.81(1)(b) (b) A chiropractor licensed under ch. 446.
146.81(1)(c) (c) A dentist licensed under ch. 447.
146.81(1)(d) (d) A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.
146.81(1)(dg) (dg) A physical therapist or physical therapist assistant licensed under subch. III of ch. 448.
146.81 Note NOTE: As the result of an error in the transcription of 2001 Wis. Act 70, "or physical therapist assistant" was omitted from the publication of par. (dg) in the 2001 to 2011 statute volumes. It is inserted under s. 35.17.
146.81(1)(dr) (dr) A podiatrist licensed under subch. IV of ch. 448.
146.81(1)(em) (em) A dietitian certified under subch. V of ch. 448.
146.81(1)(eq) (eq) An athletic trainer licensed under subch. VI of ch. 448.
146.81(1)(es) (es) An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.
146.81(1)(f) (f) An optometrist licensed under ch. 449.
146.81(1)(fm) (fm) A pharmacist licensed under ch. 450.
146.81(1)(g) (g) An acupuncturist certified under ch. 451.
146.81(1)(h) (h) A psychologist licensed under ch. 455.
146.81(1)(hg) (hg) A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.
146.81(1)(hm) (hm) 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.
146.81(1)(hp) (hp) A massage therapist or bodywork therapist licensed under ch. 460.
146.81(1)(i) (i) A partnership of any providers specified under pars. (a) to (hp).
146.81(1)(j) (j) A corporation or limited liability company of any providers specified under pars. (a) to (hp) that provides health care services.
146.81(1)(k) (k) A cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility.
146.81(1)(L) (L) A hospice licensed under subch. IV of ch. 50.
146.81(1)(m) (m) An inpatient health care facility, as defined in s. 50.135 (1).
146.81(1)(n) (n) A community-based residential facility, as defined in s. 50.01 (1g).
146.81(1)(p) (p) A rural medical center, as defined in s. 50.50 (11).
146.81(1)(q) (q) An ambulance service provider, as defined in s. 256.01 (3).
146.81(1)(r) (r) An emergency medical technician, as defined in s. 256.01 (5).
146.81(1)(s) (s) A first responder, as defined in s. 256.01 (9).
146.81(2) (2) "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:
146.81(2)(a) (a) The name of the patient whose record is being disclosed.
146.81(2)(b) (b) The type of information to be disclosed.
146.81(2)(c) (c) The types of health care providers making the disclosure.
146.81(2)(d) (d) The purpose of the disclosure such as whether the disclosure is for further medical care, for an application for insurance, to obtain payment of an insurance claim, for a disability determination, for a vocational rehabilitation evaluation, for a legal investigation or for other specified purposes.
146.81(2)(e) (e) The individual, agency or organization to which disclosure may be made.
146.81(2)(f) (f) The signature of the patient or the person authorized by the patient and, if signed by a person authorized by the patient, the relationship of that person to the patient or the authority of the person.
146.81(2)(g) (g) The date on which the consent is signed.
146.81(2)(h) (h) The time period during which the consent is effective.
146.81(3) (3) "Patient" means a person who receives health care services from a health care provider.
146.81(4) (4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider; and all records made by an ambulance service provider, as defined in s. 256.01 (3), an emergency medical technician, as defined in s. 256.01 (5), or a first responder, as defined in s. 256.01 (9), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. "Patient health care records" includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under s. 302.388 (2). "Patient health care records" does not include those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), records related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125.
146.81(5) (5) "Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m), or (4n), the guardian of a patient adjudicated incompetent in this state, the personal representative, spouse, or domestic partner under ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, "person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.
146.81 Annotation A letter written by a person not licensed as a health care provider under sub. (1) was not a record under sub. (4) prepared under the supervision of a health care provider under sub. (1) (j) when the person was employed by a corporation that employed health care professionals but the corporation's shareholders were not health care providers. Hart v. Bennet, 2003 WI App 231, 267 Wis. 2d 919, 672 N.W.2d 306, 02-2993.
146.81 Annotation When a health care provider denied access to records on the ground that the patient was possibly incompetent to consent to the release of the records, it was obligated under sub. (5) to petition for a temporary guardian for the patient. Szymczak v. Terrace at St. Francis, 2006 WI App 3, 289 Wis. 2d 110, 709 N.W.2d 103, 04-2067.
146.815 146.815 Contents of certain patient health care records.
146.815(1)(1) Patient health care records maintained for hospital inpatients shall include, if obtainable, the inpatient's occupation and the industry in which the inpatient is employed at the time of admission, plus the inpatient's usual occupation.
146.815(2) (2)
146.815(2)(a)(a) If a hospital inpatient's health problems may be related to the inpatient's occupation or past occupations, the inpatient's physician shall ensure that the inpatient's health care record contains available information from the patient or family about these occupations and any potential health hazards related to these occupations.
146.815(2)(b) (b) If a hospital inpatient's health problems may be related to the occupation or past occupations of the inpatient's parents, the inpatient's physician shall ensure that the inpatient's health care record contains available information from the patient or family about these occupations and any potential health hazards related to these occupations.
146.815(3) (3) The department shall provide forms that may be used to record information specified under sub. (2) and shall provide guidelines for determining whether to prepare the occupational history required under sub. (2). Nothing in this section shall be construed to require a hospital or physician to collect information required in this section from or about a patient who chooses not to divulge such information.
146.815 History History: 1981 c. 214.
146.816 146.816 Uses and disclosures of protected health information.
146.816(1)(1) In this section:
146.816(1)(a) (a) "Business associate" has the meaning given in 45 CFR 160.103.
146.816(1)(b) (b) "Covered entity" has the meaning given in 45 CFR 160.103.
146.816(1)(c) (c) "Disclosure" has the meaning given in 45 CFR 160.103 and includes redisclosures and rereleases of information.
146.816(1)(d) (d) "Health care operations" has the meaning given in 45 CFR 164.501.
146.816(1)(e) (e) "Payment" has the meaning given in 45 CFR 164.501.
146.816(1)(f) (f) "Protected health information" has the meaning given in 45 CFR 160.103.
146.816(1)(g) (g) "Treatment" has the meaning given in 45 CFR 164.501.
146.816(1)(h) (h) "Treatment facility" has the meaning given in s. 51.01 (19).
146.816(1)(i) (i) "Use" has the meaning given in 45 CFR 160.103.
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2011-12 Wisconsin Statutes updated though 2013 Wis. Act 380 and all Supreme Court Orders entered before June 30, 2014. Published and certified under s. 35.18. Changes effective after July 1, 2014 are designated by NOTES. (Published 7-1-14)