For an agency or organization that is authorized under sub. (4) (a) 4.
to receive or have access to patient-identifiable data, evidence, in writing, of all of the following:
The federal or state statutory requirement to obtain the patient-identifiable data.
Any federal or state statutory requirement to uphold the patient confidentiality provisions of this subchapter or patient confidentiality provisions that are more restrictive than those of this subchapter; or, if the latter evidence is inapplicable, an agreement, in writing, to uphold the patient confidentiality provisions of this subchapter.
Upon receipt of a request under par. (a)
, the department, entity, or data organization, whichever is applicable, shall, as soon as practicable, comply with the request or notify the requester, in writing, of all of the following:
That the department, entity, or data organization, as applicable, is denying the request in whole or in part.
(5m) Employers not to request patient-identifiable data.
Notwithstanding subs. (4)
no employer may request the release of or access to patient-identifiable data of an employee of the employer.
The department or entity under contract under s. 153.05 (2m) (a)
may not require a health care provider submitting health care information under this subchapter to include the patient's name, street address or social security number.
The department may not require under this subchapter a health care provider that is not a hospital or ambulatory surgery center to submit uniform patient billing forms.
A health care provider that is not a hospital or ambulatory surgery center may not submit any of the following to the department under the requirements of this subchapter:
Data regarding insureds other than the patient, other than the payer category code under sub. (3m)
If a health care provider that is not a hospital or ambulatory surgery center submits a data element that is specified in par. (c) 1.
, the department shall immediately return this information to the health care provider or, if discovered later, shall remove and destroy the information.
A health care provider may not submit information that uses any of the following as a patient account number:
The patient's social security number or any substantial portion of the patient's social security number.
A number that is related to another patient identifying number.
Protection of confidentiality.
Data obtained under this subchapter is not subject to inspection, copying or receipt under s. 19.35 (1)
Assessments to fund operations of department.
Subject to s. 153.455
The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this subchapter for the department for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a)
and contracting with the data organization under s. 153.05 (2r)
. The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this subchapter under s. 20.435 (1) (hi)
during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this subchapter under s. 20.435 (1) (hi)
from the prior fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this subchapter in a manner specified by the department by rule. The department shall work together with the department of safety and professional services to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (1) (hg)
Provision of special information; user fees. 153.65(1)(1)
Subject to s. 153.455
, the department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (1) (hi)
Beginning January 1, 2004, unless the entity under contract under s. 153.05 (2m) (a)
otherwise agrees and except as provided in s. 153.46 (6)
, the entity has the exclusive right to use and to provide for a fee, upon request from a person, a data compilation or a special report based on the information concerning hospitals and ambulatory surgery centers that is collected by the entity or provided by the department to the entity. Subject to approval under s. 153.01 (4j) (b)
, the entity shall establish reasonable and necessary user fees for the provision of a compilation or report, payable by the requester, which shall be sufficient to fund the cost of the compilation or report. The entity may retain all user fees paid under this subsection.
The department shall promulgate the following rules, of which pars. (a)
, and (u)
shall apply only if the contract under s. 153.05 (2r)
is terminated under s. 153.455 (3)
and s. 153.455 (4)
Providing procedures, for information submitted by health care providers who are not hospitals or ambulatory surgery centers, to ensure the protection of patient confidentiality under s. 153.50
Establishing procedures under which health care providers who are not hospitals or ambulatory surgery centers are permitted to review, verify and comment on information and include the comments with the information.
Establishing criteria for the publication and contents of notices under s. 153.08
Defining the term "major purchaser, payer or provider of health care services" for the purposes of s. 153.05 (6)
Specifying the classes of health care providers, other than hospitals and ambulatory surgery centers, from whom claims data and other health care information will be collected.
Specifying the uniform data set of health care information, as adjusted for case mix and severity, to be collected from health care providers other than hospitals and ambulatory surgery centers.
Specifying the means by which the information in par. (b)
will be collected, including the procedures for submission of data by electronic means.
Specifying the methods for using and disseminating health care data in order for health care providers other than hospitals and ambulatory surgery centers to provide health care that is effective and economically efficient and for consumers and purchasers to make informed decisions in selecting health care plans and health care providers.
Specifying the information to be provided by the department in the consumer guide under s. 153.21 (1)
Specifying the standard reports that will be issued by the department in addition to those required in s. 153.21 (1)
Specifying the methods for adjusting health care information obtained from health care providers other than hospitals and ambulatory surgery centers for case mix and severity.
Exempting certain classes of health care providers that are not hospitals or ambulatory surgery centers from providing all or portions of the data required under this subchapter.
Providing for the efficient collection, analysis and dissemination of health care information which the department may require under this subchapter.
See also ch. DHS 120
, Wis. adm. code.
Except as provided in s. 153.77
, any person violating s. 153.50
or rules promulgated under s. 153.75 (1) (a)
is liable to the patient for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation.
1987 s. 399; 1999 a. 9
; 2009 a. 274
; Stats. 2009 s. 153.76.
Immunity from liability. 153.77(1)
A health care provider that submits information to the department under this subchapter is immune from civil liability for all of the following:
Any act or omission of an employee, official or agent of the health care provider that results in the release of a prohibited data element while submitting data to the department.
Any act or omission of the department that results in the release of data.
The immunity provided under this section does not apply to intentional, willful or reckless acts or omissions by health care providers.
History: 1999 a. 9
; 2009 a. 274
; Stats. 2009 s. 153.77.
Whoever intentionally violates s. 153.45 (5)
or rules promulgated under s. 153.75 (1) (a)
may be fined not more than $15,000 or imprisoned for not more than one year in the county jail or both.
Any person who violates this subchapter or any rule promulgated under the authority of this subchapter, except ss. 153.45 (5)
and 153.75 (1) (a)
, as provided in s. 153.76
and sub. (1)
, shall forfeit not more than $100 for each violation. Each day of violation constitutes a separate offense, except that no day in the period between the date on which a request for a hearing is filed under s. 227.44
and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this section constitutes a violation.
The department may directly assess forfeitures under sub. (2)
. If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute or rule and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44
ELECTRONIC HEALTH INFORMATION EXCHANGE
In this subchapter:
"Department" means the department of health services.
"Health care provider" has the meaning given in s. 146.81 (1)
and includes an ambulatory surgery center, which has the meaning given for "ambulatory surgical center" under 42 CFR 416.2
"Secretary" means the secretary of health services.
"State-designated entity" means a nonprofit corporation designated by the state as eligible to apply for and receive grants under 42 USC 300jj-33
from the secretary of the U.S. department of health and human services.
History: 2009 a. 274
Requirements for designation and funding. 153.81(1)(1)
The state may designate a nonprofit corporation that is incorporated under ch. 181
as the state-designated entity only if the secretary determines that all of the following conditions are satisfied:
The articles of incorporation or bylaws of the corporation state that a purpose of the corporation is to use information technology to improve health care quality and efficiency through the authorized and secure electronic exchange and use of health information.
The corporation annually evaluates, analyzes, and reports to the secretary on the progress toward implementing statewide health information exchange and how the health information exchange efforts are enabling meaningful use of certified electronic health record technology, as defined in 42 USC 300jj
and by the U.S. department of health and human services by regulation, by health care providers.
The governing structure and bylaws of the corporation allow it to consult and consider recommendations from all of the persons specified under 42 USC 300jj-33
(g) (1) to (10) in carrying out statewide health information exchange.
The board of directors of the corporation includes all of the following persons:
The person who is appointed by the secretary to be the director of the Medical Assistance program, or his or her designee.
One person who is specified by the governor, or his or her designee.