Amendment ASA1-AB100

AB100-ASA1, s. 2271 Section 2271. 153.05 (9) of the statutes is amended to read:

AB100-ASA1,1364,7 153.05 (9) The office department shall provide orientation and training to physicians, hospital personnel and other health care providers to explain the process of data collection and analysis and the procedures for data verification, interpretation and release.

AB100-ASA1, s. 2272 Section 2272. 153.05 (11) of the statutes is amended to read:

AB100-ASA1,1364,12 153.05 (11) In order to elicit public comment concerning the reports required under ss. 153.10 to 153.35, the office department shall, following the release of the reports and by a date that is determined by the board, provide notice of and hold public hearings.

AB100-ASA1, s. 2273 Section 2273. 153.05 (12) of the statutes is amended to read:

AB100-ASA1,1364,16 153.05 (12) The office department shall, to the extent possible and upon request, assist members of the public in interpreting data in health care information disseminated by the office department.

AB100-ASA1, s. 2274 Section 2274. 153.07 (1) of the statutes is amended to read:

AB100-ASA1,1364,20 153.07 (1) The board shall advise the director of the office department with regard to the collection, analysis and dissemination of health care information required by this chapter.

AB100-ASA1, s. 2275 Section 2275. 153.07 (2) of the statutes is amended to read:

AB100-ASA1,1365,8 153.07 (2) The board, upon advice of the office department, shall first determine whether to contract for services pursuant to s. 153.05 (6) or (6m). If the board determines to contract for such services, it shall approve specifications for a contract including the length of the contract and the standards for determining potential contractor conflicts with the purposes of the office department as specified under s. 153.05 (1). In the alternative, the board may direct the office to have the department of health and family services department to provide the services under s. 153.05 (6) or (6m). The board may subsequently determine to contract for these services in subsequent years. If the board decides to bid the contract for services under s. 153.05 (6) or (6m), the department of health and family services may offer a bid as would any other potential contractor. The board shall evaluate a contractor's performance 6 months prior to the close of each existing contract.

AB100-ASA1, s. 2276 Section 2276. 153.07 (3) of the statutes is amended to read:

AB100-ASA1,1365,11 153.07 (3) The board shall approve all rules which are proposed by the commissioner department for promulgation to implement this chapter.

AB100-ASA1, s. 2277 Section 2277. 153.08 (2) (b) of the statutes is amended to read:

AB100-ASA1,1365,24 153.08 (2) (b) No sooner than 15 days after a notice is published under par. (a) and no later than 15 days before the date of the proposed rate change, conducts a public hearing on the proposed rate change. The hearing shall be on the expected impact of the proposed rate change on health care costs, the expected improvement, if any, in the local health care delivery system, and any other issue related to the proposed rate change. Management staff, if any, of the hospital proposing the rate change and, if possible, at least 3 members of the governing board of any not-for-profit hospital proposing the rate change shall attend the public hearing to review public testimony. The hospital shall record accurate minutes of the meeting and shall provide copies of the minutes and any written testimony presented at the hearing to the office of health care information in the office of the commissioner of insurance department within 10 days after the date of the public hearing.

AB100-ASA1, s. 2278 Section 2278. 153.10 (1) of the statutes is amended to read:

AB100-ASA1,1366,5 153.10 (1) Beginning in 1990 and quarterly thereafter, the office department shall prepare and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), in a manner that permits comparisons among hospitals, a report setting forth all of the following for every hospital for the preceding quarter:

AB100-ASA1,1366,7 (a) The charges for up to 100 health care services or diagnostic-related groups selected by the office department.

AB100-ASA1,1366,9 (b) The utilization and charge information for ambulatory surgery and other outpatient health care services selected by the office department.

AB100-ASA1, s. 2279 Section 2279. 153.15 of the statutes is amended to read:

AB100-ASA1,1366,16 153.15 Small area analysis reports. Beginning in 1990 and annually thereafter, the office department shall prepare and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) reports identifying health care services or procedures provided by one or more hospitals in specific areas of the state for which the rate of utilization of the service or procedure is significantly different than the state or area average.

AB100-ASA1, s. 2280 Section 2280. 153.20 of the statutes is amended to read:

AB100-ASA1,1366,25 153.20 Uncompensated health care services report. (1) Beginning in 1990 and annually thereafter, the office department shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) a report setting forth the number of patients to whom uncompensated health care services were provided by each hospital and the total charges for the uncompensated health care services provided to the patients for the preceding year, together with the number of patients and the total charges that were projected by the hospital for that year in the plan filed under sub. (2).

AB100-ASA1,1367,5 (2) Beginning in 1990 and annually thereafter, every hospital shall file with the office department a plan setting forth the projected number of patients to whom uncompensated health care services will be provided by the hospital and the projected total charges for the uncompensated health care services to be provided to the patients for the ensuing year.

AB100-ASA1, s. 2281 Section 2281. 153.25 of the statutes is amended to read:

AB100-ASA1,1367,13 153.25 Mortality and morbidity report. Beginning in 1990 and annually thereafter, the office department shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) reports setting forth mortality and morbidity rates for every hospital. Before the release of a report under this section, the office department shall provide the physicians, hospitals or other health care providers identified in the report with the opportunity to review and comment under s. 153.40 (6).

AB100-ASA1, s. 2282 Section 2282. 153.30 of the statutes is amended to read:

AB100-ASA1,1367,20 153.30 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.

AB100-ASA1, s. 2283 Section 2283. 153.35 (intro.) of the statutes is amended to read:

AB100-ASA1,1368,2 153.35 (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:

AB100-ASA1, s. 2284 Section 2284. 153.35 (1) of the statutes is amended to read:

AB100-ASA1,1368,6 153.35 (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.

AB100-ASA1, s. 2285 Section 2285. 153.40 (1) of the statutes is amended to read:

AB100-ASA1,1368,14 153.40 (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.

AB100-ASA1, s. 2286 Section 2286. 153.40 (2) of the statutes is amended to read:

AB100-ASA1,1368,23 153.40 (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.

AB100-ASA1, s. 2287 Section 2287. 153.40 (3) of the statutes is amended to read:

AB100-ASA1,1369,4 153.40 (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.

AB100-ASA1, s. 2288 Section 2288. 153.40 (4) of the statutes is amended to read:

AB100-ASA1,1369,8 153.40 (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.

AB100-ASA1, s. 2289 Section 2289. 153.40 (5) of the statutes is amended to read:

AB100-ASA1,1369,13 153.40 (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.

AB100-ASA1, s. 2290 Section 2290. 153.40 (6) of the statutes is amended to read:

AB100-ASA1,1369,23 153.40 (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.

AB100-ASA1, s. 2291 Section 2291. 153.45 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1370,2 153.45 (1) (intro.)  After completion of data verification and review procedures under s. 153.40, the office department shall release data in the following forms:

AB100-ASA1, s. 2292 Section 2292. 153.45 (1) (b) of the statutes is amended to read:

AB100-ASA1,1370,8 153.45 (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.

AB100-ASA1, s. 2293 Section 2293. 153.45 (2) of the statutes is amended to read:

AB100-ASA1,1370,12 153.45 (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.

AB100-ASA1, s. 2294 Section 2294. 153.45 (3) of the statutes is amended to read:

AB100-ASA1,1370,16 153.45 (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.

AB100-ASA1, s. 2295 Section 2295. 153.50 of the statutes is amended to read:

AB100-ASA1,1371,4 153.50 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.

AB100-ASA1, s. 2296 Section 2296. 153.60 (title) of the statutes is amended to read:

AB100-ASA1,1371,7 153.60 (title) Assessments to fund operations of office department and board.

AB100-ASA1, s. 2297 Section 2297. 153.60 (1) of the statutes is amended to read:

AB100-ASA1,1371,20 153.60 (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).

AB100-ASA1, s. 2298 Section 2298. 153.60 (2) of the statutes is amended to read:

AB100-ASA1,1371,25 153.60 (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).

AB100-ASA1, s. 2299 Section 2299. 153.65 of the statutes is amended to read:

AB100-ASA1,1372,9 153.65 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).

AB100-ASA1, s. 2300 Section 2300. 153.75 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1372,12 153.75 (1) (intro.) Following approval by the board, the commissioner department shall promulgate the following rules:

AB100-ASA1, s. 2301 Section 2301. 153.75 (1) (b) of the statutes is amended to read:

AB100-ASA1,1372,16 153.75 (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.

AB100-ASA1, s. 2302 Section 2302. 153.75 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1372,19 153.75 (2) (intro.) With the approval of the board, the commissioner department may promulgate all of the following rules:

AB100-ASA1, s. 2303 Section 2303. 153.75 (2) (c) of the statutes is amended to read:

AB100-ASA1,1372,23 153.75 (2) (c) Providing for the efficient collection, analysis and dissemination of health care information which the office department may require under this chapter.

AB100-ASA1, s. 2304 Section 2304. 153.90 (3) of the statutes is amended to read:

AB100-ASA1,1373,7 153.90 (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.

AB100-ASA1, s. 2305 Section 2305. 165.25 (3r) of the statutes is amended to read:

AB100-ASA1,1373,12 165.25 (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).

AB100-ASA1, s. 3096m Section 3096m. 165.30 (1m) of the statutes is created to read:

AB100-ASA1,1373,16 165.30 (1m) Generally. The department of justice shall represent the interests of and furnish legal services to departments relating to the collection of obligations.

AB100-ASA1, s. 2306 Section 2306. 165.70 (3m) of the statutes is amended to read:

AB100-ASA1,1373,20 165.70 (3m) The attorney general shall establish a separate bureau in the division of criminal investigation in which all of the department's gaming law enforcement responsibilities under chs. 561 562 to 569 and 945 shall be performed.

AB100-ASA1, s. 2307 Section 2307. 165.72 (7) of the statutes is amended to read:

AB100-ASA1,1373,24 165.72 (7) Publicity. The department shall cooperate with the department of education public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2).

AB100-ASA1, s. 2308 Section 2308. 165.755 of the statutes is created to read:

AB100-ASA1,1374,5 165.755 Crime laboratories and drug law enforcement assessment. (1) (a) Except as provided in par. (b), beginning on October 1, 1997, a court shall impose a crime laboratories and drug law enforcement assessment of $4 if the court imposes a sentence, places a person on probation or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

AB100-ASA1,1374,9 (b) A court may not impose the crime laboratories and drug law enforcement assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).

AB100-ASA1,1374,13 (2) If the court under sub. (1) (a) imposes a sentence or forfeiture for multiple offenses or places a person on probation for multiple offenses, a separate crime laboratories and drug law enforcement assessment shall be imposed for each separate offense.

AB100-ASA1,1374,17 (3) Except as provided in sub. (4), after the court determines the amount due under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

AB100-ASA1,1374,21 (4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.12 (1) (b).

AB100-ASA1,1375,2 (5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the state treasurer under this section. If bail is returned, the assessment shall also be returned.

AB100-ASA1,1375,7 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement assessment under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

AB100-ASA1,1375,10 (7) All moneys collected from crime laboratories and drug law enforcement assessments under this section shall be deposited by the state treasurer and used as specified in s. 20.455 (2) (kd) and (Lm).

AB100-ASA1, s. 3116m Section 3116m. 166.03 (2) (a) 5. of the statutes is amended to read: