1997 Wisconsin Act 27

153.30 Health care insurance report. Beginning in 1990 and annually thereafter, the office department and the office of the commissioner of insurance may jointly prepare and submit to the governor, and to the legislature under s. 13.172 (2), a report specifying, to the extent possible, on a regional basis, the number, nature of coverage and costs of health care coverage plans covering residents of this state during the preceding year.

27,3066 Section 3066 . 153.35 (intro.) of the statutes is amended to read:

153.35 (title) Report by the office department. (intro.) The office department shall annually, by October 1, under rules promulgated by the commissioner department, submit under s. 13.172 (3) a report to the legislature for distribution to standing committees with jurisdiction over health matters, that shall include all of the following:

27,3067 Section 3067 . 153.35 (1) of the statutes is amended to read:

153.35 (1) The range, median and mean of charges and increases or decreases in specific charges by hospitals for up to 100 charge elements, as selected by the office department, as reported to the office department under s. 153.05 (1) (c) 1.

27,3068 Section 3068 . 153.40 (1) of the statutes is amended to read:

153.40 (1) Prior to data submission, hospitals, ambulatory surgery centers or other health care providers shall review discharge data for accuracy and shall obtain verification by the physician of the principal and secondary diagnoses and primary and secondary procedures. The verification shall occur within the time specified by rules promulgated by the commissioner department for data submission to the office department. If the verification is not made on a timely basis, the hospital or other health care provider shall submit the data noting the lack of verification.

27,3069 Section 3069 . 153.40 (2) of the statutes is amended to read:

153.40 (2) The office department shall be responsible for assuring that appropriate editing is conducted for all submitted data to identify systematic errors, missing data, values beyond an allowed range, illegal codes within a range, illogical sequence of dates, diagnoses and procedures inconsistent with age and sex, other data failing internal consistency checks and other patterns inconsistent with what would be expected. The office department shall notify hospitals, ambulatory surgery centers or, beginning April 1, 1992, other health care providers of missing or incorrect information under this subsection.

27,3070 Section 3070 . 153.40 (3) of the statutes is amended to read:

153.40 (3) Hospitals, ambulatory surgery centers or, beginning April 1, 1992, other health care providers shall be responsible for resolving the errors found by the editing under sub. (2) and shall resubmit corrected data within 10 working days after receiving written notification from the office department of the errors.

27,3071 Section 3071 . 153.40 (4) of the statutes is amended to read:

153.40 (4) The office department shall send edited and corrected data to hospitals, ambulatory surgery centers or, beginning April 1, 1992, other health care providers for a 10-working-day review period before the data are released.

27,3072 Section 3072 . 153.40 (5) of the statutes is amended to read:

153.40 (5) The office department may, by rules promulgated by the commissioner department, require that other forms of data verification, including reabstracting studies and comparisons with information collected from other data systems, be conducted prior to the release of physician-specific data.

27,3073 Section 3073 . 153.40 (6) of the statutes is amended to read:

153.40 (6) At least 30 calendar days prior to the release of a report under s. 153.25, the office department shall notify a physician, hospital or other health care provider identified in the report of the office's department's intent to release the report. The notification shall include a copy of the draft report and a statement that those identified may submit comments on the report to the office department. If the office department receives comments prior to the release of the report, the office department shall append the comments to the report. If the office department receives comments after the report is released, the office department shall make the comments available to anyone requesting the comments.

27,3074 Section 3074 . 153.45 (1) (intro.) of the statutes is amended to read:

153.45 (1) (intro.) After completion of data verification and review procedures under s. 153.40, the office department shall release data in the following forms:

27,3075 Section 3075 . 153.45 (1) (b) of the statutes is amended to read:

153.45 (1) (b) Public use tapes which do not permit the identification of specific patients, physicians, employers or other health care providers, as defined by rules promulgated by the commissioner department. The identification of these groups shall be protected by all necessary means, including the deletion of patient identifiers and the use of calculated variables and aggregated variables.

27,3076 Section 3076 . 153.45 (2) of the statutes is amended to read:

153.45 (2) The office department shall provide to other entities the data necessary to fulfill their statutory mandates for epidemiological purposes or to minimize the duplicate collection of similar data elements.

27,3077 Section 3077 . 153.45 (3) of the statutes is amended to read:

153.45 (3) The office department shall release physician-specific and employer-specific data, except in public use tapes as specified under sub. (1) (b), in a manner that is specified in rules promulgated by the commissioner department.

27,3078 Section 3078 . 153.50 of the statutes is amended to read:

153.50 Protection of patient confidentiality. Patient-identifiable data obtained under this chapter and contained in the discharge data base of the office department is not subject to inspection, copying or receipt under s. 19.35 (1) and may not be released by the office department, except to the patient or to a person granted permission for release by the patient and except that a hospital, a physician, or the agent of a hospital or physician or the commissioner may have access to patient-identifiable data to ensure the accuracy of the information in the discharge data base. The department of health and family services may have access to the discharge data base for the purposes of completing epidemiological reports and eliminating the need to maintain a data base that duplicates that of the office, if the department of health and family services does not release or otherwise provide access to the patient-identifiable data.

27,3079 Section 3079 . 153.60 (title) of the statutes is amended to read:

153.60 (title) Assessments to fund operations of office department and board.

27,3080 Section 3080 . 153.60 (1) of the statutes is amended to read:

153.60 (1) The office department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the office department and the board for that fiscal year. The office department shall assess the estimated total amount for that fiscal year less the estimated total amount to be received under s. 20.145 (8) (hi), (hj), (kx) and (mr) 20.435 (1) (hi) during the fiscal year and the unencumbered balances balance of the amounts amount received under s. 20.145 (8) (hi), (hj) and (mr) 20.435 (1) (hi) from the prior fiscal year, to hospitals in proportion to each hospital's respective gross private-pay patient revenues during the hospital's most recently concluded entire fiscal year. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.145 (8) 20.435 (1) (hg).

27,3081 Section 3081 . 153.60 (2) of the statutes is amended to read:

153.60 (2) The office department may assess ambulatory surgery centers under this section, using as the basis for individual ambulatory surgery center assessments the methods and criteria promulgated by rule by the commissioner department under s. 153.75 (1) (k).

27,3082 Section 3082. 153.65 of the statutes is amended to read:

153.65 Provision of special information; user fees. The office department may provide, upon request from a person, a data compilation or a special report based on the information collected by the office department under s. 153.05 (1), (3), (4) (b), (5), (7) or (8) or 153.08. The office 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 section shall be credited to the appropriation under s. 20.145 (8) 20.435 (1) (hi).

27,3083 Section 3083 . 153.75 (1) (intro.) of the statutes is amended to read:

153.75 (1) (intro.) Following approval by the board, the commissioner department shall promulgate the following rules:

27,3084 Section 3084 . 153.75 (1) (b) of the statutes is amended to read:

153.75 (1) (b) Establishing procedures under which hospitals and health care providers are permitted to review and verify patient-related information prior to its submission to the office department.

27,3085 Section 3085 . 153.75 (2) (intro.) of the statutes is amended to read:

153.75 (2) (intro.) With the approval of the board, the commissioner department may promulgate all of the following rules:

27,3086 Section 3086 . 153.75 (2) (c) of the statutes is amended to read:

153.75 (2) (c) Providing for the efficient collection, analysis and dissemination of health care information which the office department may require under this chapter.

27,3087 Section 3087 . 153.90 (3) of the statutes is amended to read:

153.90 (3) The commissioner department may directly assess forfeitures under sub. (2). If the commissioner department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the commissioner 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.

27,3087m Section 3087m. 154.17 (1) of the statutes is amended to read:

154.17 (1) “Do-not-resuscitate bracelet" means a standardized identification bracelet of uniform size, color, and design, approved by the department, that bears the inscription “Do Not Resuscitate" and signifies that the wearer is a qualified patient who has obtained a do-not-resuscitate order and that the wearer has not revoked the request for the order has not been revoked.

27,3087n Section 3087n. 154.19 (1) (b) of the statutes is amended to read:

154.19 (1) (b) The Except as provided in s. 154.225 (2), the patient requests the order.

27,3087p Section 3087p. 154.19 (1) (bm) of the statutes is created to read:

154.19 (1) (bm) Except as provided in s. 154.225 (2), the patient consents to the order after being provided the information specified in sub. (2) (a).

27,3087q Section 3087q. 154.19 (1) (d) of the statutes is amended to read:

154.19 (1) (d) The Except as provided in s. 154.225 (2), the patient signs the order.

27,3087qm Section 3087qm. 154.19 (2) (a) of the statutes is amended to read:

154.19 (2) (a) Upon issuing the do-not-resuscitate order, the The attending physician, or a person directed by the attending physician, shall provide the patient with written information about the resuscitation procedures that the patient has chosen to forego and the methods by which the patient may revoke the do-not-resuscitate order.

27,3087r Section 3087r. 154.19 (3) (b) 1. of the statutes is amended to read:

154.19 (3) (b) 1. The patient has revoked the order is revoked under s. 154.21 or 154.225 (2).

27,3087s Section 3087s. 154.225 of the statutes is created to read:

154.225 Guardians and health care agents. (1) In this section:

(a) “Guardian" has the meaning given in s. 51.40 (1) (f).

(b) “Health care agent has the meaning given in s. 155.01 (4).

(c) “Incapacitated" has the meaning given in s. 50.06 (1).

(2) The guardian or health care agent of an incapacitated qualified patient may request a do-not-resuscitate order on behalf of that incapacitated qualified patient and consent to the order and sign it after receiving the information specified in s. 154.19 (2) (a). The guardian or health care agent of an incapacitated qualified patient may revoke a do-not-resuscitate order on behalf of the incapacitated qualified patient by any of the following methods:

(a) The guardian or health care agent directs an emergency medical technician, first responder or a person who serves as a member of an emergency health care facility's personnel to resuscitate the patient. The emergency medical technician, first responder or the member of the emergency health care facility shall promptly remove the do-not-resuscitate bracelet.

(b) The guardian or health care agent defaces, burns, cuts or otherwise destroys the do-not-resuscitate bracelet.

(c) The guardian or health care agent removes the do-not-resuscitate bracelet.

27,3087t Section 3087t. 154.25 (6) of the statutes is amended to read:

154.25 (6) Valid do-not-resuscitate bracelet. A do-not-resuscitate bracelet that has not been removed, altered or tampered with in any way shall be presumed valid, unless the patient, the patient's guardian or the patient's health care agent expresses to the emergency medical technician, first responder or emergency health care facility personnel the patient's desire to be resuscitated.

27,3092c Section 3092c. 165.08 of the statutes is amended to read:

165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor, except that a civil action prosecuted by the department under s. 165.251 may be compromised or discontinued only with the approval of the person who requested legal representation from the department. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

27,3094 Section 3094 . 165.25 (3r) of the statutes is amended to read:

165.25 (3r) Avoid conflict of interest. Require that attorneys in different organizational subunits in the department prosecute violations of chs. 561 562 to 569 or Indian gaming compacts entered into under s. 14.035 and defend any department, agency, official, employe or agent under subs. (1), (4) (a) and (6).

27,3094g Section 3094g. 165.251 of the statutes is created to read:

165.251 Actions to clear title. (1) Definitions. In this section:

(a) “Family corporation" means a corporation qualifying under s. 182.001 (1) (a).

(b) “Immediate family" means persons related as spouses, as siblings or as parent and child.

(c) “Instrument relating to title" includes a deed, mortgage, lien, claim of lien, judgment or lis pendens.

(d) “Local public office" has the meaning given in s. 19.42 (7w).

(e) “Public office" means local public office or state public office.

(f) “Public official" means a person holding a public office.

(g) “Qualifying property" means real property owned in whole or in part by a public official, by a member of a public official's immediate family or by a family corporation in which a public official is a shareholder during the period of time public office was held.

(h) “State public office" has the meaning given in s. 19.42 (13).

(2) Representation upon request. The department of justice may provide legal representation to any person who requests the legal representation and who does all of the following:

(a) Claims that title to qualifying property has been clouded by the false, fraudulent or frivolous filing, entry or recordation of any instrument relating to title during the period the affected real property was qualifying property.

(b) Claims to be an owner in the qualifying property or a shareholder in a family corporation, if any, that owns the qualifying property.

(c) Agrees to the conditional payment of the costs of legal representation under sub. (5).

(3) Actions to clear title. If it decides to provide legal representation under sub. (2), the department of justice shall bring the actions that are necessary to clear clouds upon title to qualifying property from false, fraudulent or frivolous filings, entries or recordations of instruments relating to title.

(4) Required finding. As part of any action brought under this section, the court shall make a finding of whether the instrument relating to title that is claimed to create a cloud upon the title was filed, entered or recorded with the authorization, consent or approval of the owner of the qualifying property or of any creditor having an interest in the qualifying property.

(5) Conditional payment of costs of representation. Each person making a request under sub. (2) shall, as part of that request, agree to pay the costs of legal representation provided by the department of justice, if the court makes a finding under sub. (4) that the instrument relating to title was filed, entered or recorded with the authorization, consent or approval of the owner of the qualifying property or of any creditor having an interest in the qualifying property. If the court does not make such a finding, the person may not be required to pay any of the costs of the legal representation.