SB77-SSA1,1368,148
153.40
(1) Prior to data submission, hospitals, ambulatory surgery centers or
9other health care providers shall review discharge data for accuracy and shall obtain
10verification by the physician of the principal and secondary diagnoses and primary
11and secondary procedures. The verification shall occur within the time specified by
12rules promulgated by the
commissioner department for data submission to the
office 13department. If the verification is not made on a timely basis, the hospital or other
14health care provider shall submit the data noting the lack of verification.
SB77-SSA1,1368,2316
153.40
(2) The
office department shall be responsible for assuring that
17appropriate editing is conducted for all submitted data to identify systematic errors,
18missing data, values beyond an allowed range, illegal codes within a range, illogical
19sequence of dates, diagnoses and procedures inconsistent with age and sex, other
20data failing internal consistency checks and other patterns inconsistent with what
21would be expected. The
office department shall notify hospitals, ambulatory surgery
22centers or, beginning April 1, 1992, other health care providers of missing or incorrect
23information under this subsection.
SB77-SSA1,1369,4
1153.40
(3) Hospitals, ambulatory surgery centers or, beginning April 1, 1992,
2other health care providers shall be responsible for resolving the errors found by the
3editing under sub. (2) and shall resubmit corrected data within 10 working days after
4receiving written notification from the
office department of the errors.
SB77-SSA1,1369,86
153.40
(4) The
office department shall send edited and corrected data to
7hospitals, ambulatory surgery centers or, beginning April 1, 1992, other health care
8providers for a 10-working-day review period before the data are released.
SB77-SSA1,1369,1310
153.40
(5) The
office department may, by rules promulgated by the
11commissioner department, require that other forms of data verification, including
12reabstracting studies and comparisons with information collected from other data
13systems, be conducted prior to the release of physician-specific data.
SB77-SSA1,1369,2315
153.40
(6) At least 30 calendar days prior to the release of a report under s.
16153.25, the
office department shall notify a physician, hospital or other health care
17provider identified in the report of the
office's
department's intent to release the
18report. The notification shall include a copy of the draft report and a statement that
19those identified may submit comments on the report to the
office department. If the
20office department receives comments prior to the release of the report, the
office 21department shall append the comments to the report. If the
office department 22receives comments after the report is released, the
office department shall make the
23comments available to anyone requesting the comments.
SB77-SSA1, s. 3074
24Section
3074. 153.45 (1) (intro.) of the statutes is amended to read:
SB77-SSA1,1370,2
1153.45
(1) (intro.) After completion of data verification and review procedures
2under s. 153.40, the
office department shall release data in the following forms:
SB77-SSA1,1370,84
153.45
(1) (b) Public use tapes which do not permit the identification of specific
5patients, physicians, employers or other health care providers, as defined by rules
6promulgated by the
commissioner department. The identification of these groups
7shall be protected by all necessary means, including the deletion of patient
8identifiers and the use of calculated variables and aggregated variables.
SB77-SSA1,1370,1210
153.45
(2) The
office department shall provide to other entities the data
11necessary to fulfill their statutory mandates for epidemiological purposes or to
12minimize the duplicate collection of similar data elements.
SB77-SSA1,1370,1614
153.45
(3) The
office department shall release physician-specific and
15employer-specific data, except in public use tapes as specified under sub. (1) (b), in
16a manner that is specified in rules promulgated by the
commissioner department.
SB77-SSA1,1371,4
18153.50 Protection of patient confidentiality. Patient-identifiable data
19obtained under this chapter and contained in the discharge data base of the
office 20department is not subject to inspection, copying or receipt under s. 19.35 (1) and may
21not be released by the
office department, except to the patient or to a person granted
22permission for release by the patient and except that a hospital, a physician
, or the
23agent of a hospital or physician
or the commissioner may have access to
24patient-identifiable data to ensure the accuracy of the information in the discharge
25data base.
The department of health and family services may have access to the
1discharge data base for the purposes of completing epidemiological reports and
2eliminating the need to maintain a data base that duplicates that of the office, if the
3department of health and family services does not release or otherwise provide
4access to the patient-identifiable data.
SB77-SSA1,1371,7
6153.60 (title)
Assessments to fund operations of office department and
7board.
SB77-SSA1,1371,209
153.60
(1) The
office department shall, by the first October 1 after the
10commencement of each fiscal year, estimate the total amount of expenditures
under
11this chapter for the
office department and the board for that fiscal year. The
office 12department shall assess the estimated total amount for that fiscal year less the
13estimated total amount to be received under s.
20.145 (8) (hi), (hj), (kx) and (mr) 1420.435 (1) (hi) during the fiscal year and the unencumbered
balances balance of the
15amounts amount received under s.
20.145 (8) (hi), (hj) and (mr) 20.435 (1) (hi) from
16the prior fiscal year, to hospitals in proportion to each hospital's respective gross
17private-pay patient revenues during the hospital's most recently concluded entire
18fiscal year. Each hospital shall pay the assessment on or before December 1. All
19payments of assessments shall be deposited in the appropriation under s.
20.145 (8) 2020.435 (1) (hg).
SB77-SSA1,1371,2522
153.60
(2) The
office department may assess ambulatory surgery centers under
23this section, using as the basis for individual ambulatory surgery center assessments
24the methods and criteria promulgated by rule by the
commissioner department 25under s. 153.75 (1) (k).
SB77-SSA1,1372,9
2153.65 Provision of special information; user fees. The
office department 3may provide, upon request from a person, a data compilation or a special report based
4on the information collected by the
office department under s. 153.05 (1), (3), (4) (b),
5(5), (7) or (8) or 153.08. The
office department shall establish user fees for the
6provision of these compilations or reports, payable by the requester, which shall be
7sufficient to fund the actual necessary and direct cost of the compilation or report.
8All moneys collected under this section shall be credited to the appropriation under
9s.
20.145 (8) 20.435 (1) (hi).
SB77-SSA1, s. 3083
10Section
3083. 153.75 (1) (intro.) of the statutes is amended to read:
SB77-SSA1,1372,1211
153.75
(1) (intro.) Following approval by the board, the
commissioner 12department shall promulgate the following rules:
SB77-SSA1,1372,1614
153.75
(1) (b) Establishing procedures under which hospitals and health care
15providers are permitted to review and verify patient-related information prior to its
16submission to the
office department.
SB77-SSA1, s. 3085
17Section
3085. 153.75 (2) (intro.) of the statutes is amended to read:
SB77-SSA1,1372,1918
153.75
(2) (intro.) With the approval of the board, the
commissioner 19department may promulgate all of the following rules:
SB77-SSA1,1372,2321
153.75
(2) (c) Providing for the efficient collection, analysis and dissemination
22of health care information which the
office department may require under this
23chapter.
SB77-SSA1,1373,7
1153.90
(3) The
commissioner
department may directly assess forfeitures under
2sub. (2). If the
commissioner department determines that a forfeiture should be
3assessed for a particular violation or for failure to correct the violation, the
4commissioner department shall send a notice of assessment to the alleged violator.
5The notice shall specify the alleged violation of the statute or rule and the amount
6of the forfeiture assessed and shall inform the alleged violator of the right to contest
7the assessment under s. 227.44.
SB77-SSA1,1373,129
165.25
(3r) Avoid conflict of interest. Require that attorneys in different
10organizational subunits in the department prosecute violations of chs.
561 562 to 569
11or Indian gaming compacts entered into under s. 14.035 and defend any department,
12agency, official, employe or agent under subs. (1), (4) (a) and (6).
SB77-SSA1,1373,1614
165.30
(1m) Generally. The department of justice shall represent the
15interests of and furnish legal services to departments relating to the collection of
16obligations.
SB77-SSA1,1373,2018
165.70
(3m) The attorney general shall establish a separate bureau in the
19division of criminal investigation in which all of the department's gaming law
20enforcement responsibilities under chs.
561 562 to 569 and 945 shall be performed.
SB77-SSA1,1373,2422
165.72
(7) Publicity. The department shall cooperate with the department of
23education public instruction in publicizing, in public schools, the use of the toll-free
24telephone number under sub. (2).
SB77-SSA1,1374,5
1165.755 Crime laboratories
and drug law enforcement assessment. (1) 2(a) Except as provided in par. (b), beginning on October 1, 1997, a court shall impose
3a crime laboratories and drug law enforcement assessment of $4 if the court imposes
4a sentence, places a person on probation or imposes a forfeiture for a violation of state
5law or for a violation of a municipal or county ordinance.
SB77-SSA1,1374,96
(b) A court may not impose the crime laboratories and drug law enforcement
7assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) (b)
8or for a violation of a state law or municipal or county ordinance involving a
9nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).
SB77-SSA1,1374,13
10(2) If the court under sub. (1) (a) imposes a sentence or forfeiture for multiple
11offenses or places a person on probation for multiple offenses, a separate crime
12laboratories and drug law enforcement assessment shall be imposed for each
13separate offense.
SB77-SSA1,1374,17
14(3) Except as provided in sub. (4), after the court determines the amount due
15under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the
16county treasurer under s. 59.40 (2) (m). The county treasurer shall then make
17payment to the state treasurer under s. 59.25 (3) (f) 2.
SB77-SSA1,1374,21
18(4) If a municipal court imposes a forfeiture, after determining the amount due
19under sub. (1) (a) the court shall collect and transmit such amount to the treasurer
20of the county, city, town or village, and that treasurer shall make payment to the state
21treasurer as provided in s. 66.12 (1) (b).
SB77-SSA1,1375,2
22(5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a)
23applies, the person making the deposit shall also deposit a sufficient amount to
24include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited,
25the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the
1state treasurer under this section. If bail is returned, the assessment shall also be
2returned.
SB77-SSA1,1375,7
3(6) If an inmate in a state prison or a person sentenced to a state prison has
4not paid the crime laboratories and drug law enforcement assessment under sub. (1)
5(a), the department shall assess and collect the amount owed from the inmate's
6wages or other moneys. Any amount collected shall be transmitted to the state
7treasurer.
SB77-SSA1,1375,10
8(7) All moneys collected from crime laboratories and drug law enforcement
9assessments under this section shall be deposited by the state treasurer and used as
10specified in s. 20.455 (2) (kd) and (Lm).
SB77-SSA1,1375,1812
166.03
(2) (a) 5. Provide assistance to the Wisconsin wing of the civil air patrol
13from the appropriation under s. 20.465 (3)
(q) (f) for the purpose of enabling the patrol
14to perform its assigned missions and duties as prescribed by U.S. air force
15regulations. Expenses eligible for assistance are aircraft acquisition and
16maintenance, communications equipment acquisition and maintenance and office
17staffing and operational expenses. The civil air patrol shall submit vouchers for
18expenses eligible for assistance to the division.
SB77-SSA1,1375,2220
166.20
(2) (bg) Promulgate rules establishing an amount not to exceed $6,000
21that may be an eligible cost for computers in an emergency planning grant under s.
22166.21 (2)
(bm) (br).
SB77-SSA1, s. 3117
23Section
3117. 166.20 (7) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,1376,3
1166.20
(7) (a) (intro.) The board shall establish, by rule, the following fees at
2levels designed to fund the board's administrative expenses and the grants under s.
3166.21
and to repay the amount expended under s. 20.465 (3) (d):
SB77-SSA1,1376,106
166.21
(2) (br) Subject to sub. (2m),
for grant applications submitted during the
7period after May 31, 1995, and before September 1, 1997, 80% of the costs of
8computers and emergency response equipment, but not to exceed $10,000. In-kind
9contributions may be used to meet the committee's contribution under this
10paragraph.
SB77-SSA1,1376,1512
166.21
(2m) Strategic plan. (intro.) A committee is eligible for grant funds
13under sub. (2)
(bm) (br) for emergency response equipment only if it submits to the
14board a strategic plan for emergency response to hazardous substance releases that
15includes all of the following:
SB77-SSA1,1377,317
166.215
(1) The board shall contract with no fewer than 7 and no more than
189 regional emergency response teams, each of which will assist in the emergency
19response to level A releases in a region of this state designated by the board. The
20board shall contract with at least one regional emergency response team in each area
21designated under s. 166.03 (2) (b) 1. The board may only contract with a local agency,
22as defined in s. 166.22 (1) (c), under this subsection. A member of a regional
23emergency response team shall meet the standards for a hazardous materials
24specialist in
29 CFR 1910.120 (q) (6) (iv) and national fire protection association
25standards NFPA 471 and 472.
A contract under this subsection may provide for
1payments to the regional emergency response team in addition to the reimbursement
2provided in sub. (2). Payments to regional emergency response teams under this
3subsection shall be made from the appropriation account under s. 20.465 (3) (dd).
SB77-SSA1,1377,145
166.215
(2) The board shall reimburse a regional emergency response team for
6costs incurred by the team in responding to a level A release under sub. (1).
7Reimbursement under this subsection is limited to amounts collected under sub. (3)
8and the amounts appropriated under s. 20.465 (3)
(rg) and (rt) (dr). Reimbursement
9is available under s. 20.465 (3)
(rt) (dr) only if the regional emergency response team
10has made a good faith effort to identify the person responsible under sub. (3) and that
11person cannot be identified, or, if that person is identified, the team has received
12reimbursement from that person to the extent that the person is financially able or
13has determined that the person does not have adequate money or other resources to
14reimburse the regional emergency response team.
SB77-SSA1,1378,916
166.215
(5) The board shall notify the joint committee on finance in writing,
17before entering into a new contractual agreement under sub. (1) or renewing or
18extending a contractual agreement under sub. (1), of the specific funding
19commitment involved in that proposed new, renewed or extended contract. The
20board shall include in that notification information regarding any anticipated
21contractual provisions that involve state fiscal commitments for each fiscal year in
22the proposed new, renewed or extended contract. The board may enter into a new
23contractual agreement or renew or extend a contractual agreement, as proposed in
24the notification to the joint committee on finance, if within 14 working days after
25notification the committee does not schedule a meeting to review the board's
1proposed action. If, within 14 working days after notification to the joint committee
2on finance, the committee notifies the board that the committee has scheduled a
3meeting to review the board's proposed action, the board may enter into the proposed
4new contact or renew or extend the contract as proposed only if the committee
5approves that action. Notwithstanding s. 13.10, the board may include in its
6notification to the joint committee on finance a request for approval of any increase
7in the amount of money in the appropriation account under s. 20.465 (3) (dd)
8necessary to provide sufficient money for the proposed new, renewed or extended
9contracts under sub. (1).
SB77-SSA1,1378,2011
166.22
(3m) The board shall reimburse a local emergency response team for
12costs incurred by the team in responding to a hazardous substance discharge under
13sub. (3). Reimbursement under this subsection is limited to the amount
14appropriated under s. 20.465 (3)
(rt) (dr). Reimbursement is available under s.
1520.465 (3)
(rt) (dr) only if the local emergency response team has made a good faith
16effort to identify the person responsible under sub. (4) and that person cannot be
17identified, or, if that person is identified, the team has received reimbursement from
18that person to the extent that the person is financially able or has determined that
19the person does not have adequate money or other resources to reimburse the local
20emergency response team.
SB77-SSA1, s. 3118
21Section
3118. 168.01 of the statutes is renumbered 168.01 (intro.) and
22amended to read:
SB77-SSA1,1378,23
23168.01 (title)
Definition
Definitions. (intro.)
In this chapter
"department":
SB77-SSA1,1378,24
24(1) "Department" means the department of commerce.
SB77-SSA1,1379,13
1168.01
(2) "Supplier" includes a person who imports, or acquires immediately
2upon import, petroleum products by pipeline or marine vessel from a state, territory
3or possession of the United States or from a foreign country into a terminal and who
4is registered under
26 USC 4101 for tax-free transactions in gasoline. "Supplier"
5also includes a person who produces in this state; or imports into a terminal or bulk
6plant; or acquires immediately upon import by truck, railcar or barge into a terminal;
7alcohol or alcohol derivative products. "Supplier" also includes a person who
8produces, manufactures or refines petroleum products in this state. "Supplier" also
9includes a person who acquires petroleum products pursuant to an industry terminal
10exchange agreement. "Supplier" does not include a retail dealer or wholesaler who
11merely blends alcohol with gasoline before the sale or distribution of the product and
12does not include a terminal operator who merely handles in a terminal petroleum
13products consigned to the terminal operator.
SB77-SSA1,1379,2215
168.11
(1) (b) 2. A device that dispenses, for sale at retail, a reformulated
16gasoline, as defined in s. 285.37 (1), that contains an oxygenate other than ethanol
17shall be marked or labeled with the identity of the oxygenate at all times when the
18product is offered for sale. The label
shall identify the oxygenate as "methyl tertiary
19butyl ether (MTBE)" or "ethyl tertiary butyl ether (ETBE)" or, if the reformulated
20gasoline contains another oxygenate or a combination of oxygenates, the label shall
21identify the oxygenate or oxygenates in the manner specified by the department by
22rule.
SB77-SSA1,1380,624
168.12
(1) Except as provided in subs. (1g) and (1r), there is imposed a
25petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products
1that are received
, as defined in s. 78.07, by a supplier
, as defined in s. 78.005 (14), for
2sale in this state or for sale for export to this state.
The department of revenue shall
3determine when a petroleum product is received under this subsection in the same
4manner that it determines under s. 78.07 when motor vehicle fuel is received. The
5fee shall be paid under s. 168.125 and shall be based on the number of gallons
6reported under s. 168.125.
SB77-SSA1,1380,128
168.12
(6) (a) Any person who purchases in this state general aviation fuel, as
9defined in s. 78.55 (3), from a supplier is eligible for an allowance of 2 cents for each
10gallon of general aviation fuel purchased in excess of 1,000,000 gallons per month.
11A person who purchases general aviation fuel for resale is not eligible for the
12allowance.
SB77-SSA1,1380,1613
(b) To receive an allowance, an eligible purchaser under par. (a) shall complete
14a claim upon a form that the department of revenue prescribes and furnishes and file
15the claim with the department of revenue not later than 12 months after the date of
16purchase of the general aviation fuel.
SB77-SSA1,1381,217
(c) The department of revenue shall investigate the correctness and veracity
18of the representations in the claim and may require a claimant to submit records to
19substantiate the claim. The department of revenue shall either allow or deny a claim
20under this subsection not later than 60 days after the filing of the claim. If the
21department of revenue allows the claim, it shall pay the claimant the amount allowed
22from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue
23does not pay the allowance by the 90th day after the date on which the purchaser files
24the claim, the department of revenue shall also pay interest on the unpaid claim
1beginning on that day, at the rate of 9% per year, from the moneys appropriated
2under s. 20.855 (4) (r).