SB315, s. 44
4Section
44. 153.21 of the statutes is created to read:
SB315,13,10
5153.21 Consumer guide. The department shall prepare and submit to the
6governor and to the chief clerk of each house of the legislature for distribution to the
7legislature under s. 13.172 (2) an annual guide to assist consumers in selecting
8health care providers and health care plans. The guide shall be written in language
9that is understandable to lay persons. The department shall widely publicize and
10distribute the guide to consumers.
SB315, s. 45
11Section
45. 153.25 of the statutes is repealed.
SB315, s. 46
12Section
46. 153.30 of the statutes is repealed.
SB315, s. 47
13Section
47. 153.35 of the statutes is repealed.
SB315, s. 48
14Section
48. 153.40 of the statutes is repealed.
SB315, s. 49
15Section
49. 153.45 (1) (intro.), (a), (b) and (c), (2) and (3) of the statutes are
16amended to read:
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153.45
(1) (intro.) After completion of data verification and review procedures
18under s. 153.40 specified by the department by rule, the
office department shall
19release data in the following forms:
SB315,13,2020
(a) Standard reports
in accordance with ss. 153.10 to 153.35.
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(b) Public use
tapes data files which do not permit the identification of specific
22patients,
physicians, employers or
other health care providers
, as defined by rules
23promulgated by the commissioner. The identification of these groups shall be
24protected by all necessary means, including the deletion of patient identifiers and the
25use of calculated variables and aggregated variables.
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1(c) Custom-designed
subfile tapes, other electronic media, special data
2compilations or reports containing portions of the
public use tape data under par. (b).
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3(2) The
office department shall provide to other entities the data necessary to
4fulfill their statutory mandates for epidemiological purposes or to minimize the
5duplicate collection of similar data elements.
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6(3) The
office department shall release
physician-specific health care
7provider-specific and employer-specific data, except in public use
tapes data files as
8specified under sub. (1) (b), in a manner that is specified in rules promulgated by the
9commissioner department.
SB315, s. 50
10Section
50. 153.45 (4) of the statutes is created to read:
SB315,14,1211
153.45
(4) The department shall prohibit purchasers of data from rereleasing
12individual data elements of health care data files.
SB315, s. 51
13Section
51. 153.45 (5) of the statutes is created to read:
SB315,14,1814
153.45
(5) The department may not release any health care information that
15is subject to rules promulgated under s. 153.75 (1) (b) until the verification and
16review procedures required under those rules have been complied with. Nothing in
17this subsection prohibits release of health care provider-specific information to the
18health care provider to whom the information relates.
SB315, s. 52
19Section
52. 153.50 of the statutes is amended to read:
SB315,15,6
20153.50 Protection of patient confidentiality. Patient-identifiable data
21obtained under this chapter
and contained in the discharge data base of the office is
22not subject to inspection, copying or receipt under s. 19.35 (1) and may not be released
23by the office, except to the patient or to a person granted permission for release by
24the patient and except that a
hospital, a physician,
health care provider or the agent
25of a
hospital or physician or the commissioner health care provider may have access
1to patient-identifiable data to ensure the accuracy of the information in the
2discharge data base.
The department of health and family services may have access
3to the discharge data base for the purposes of completing epidemiological reports and
4eliminating the need to maintain a data base that duplicates that of the office, if the
5department of health and family services does not release or otherwise provide
6access to the patient-identifiable data.
SB315, s. 53
7Section
53. 153.60 (title) of the statutes is amended to read:
SB315,15,9
8153.60 (title)
Assessments to fund operations of office the department
9and board.
SB315, s. 54
10Section
54. 153.60 (1) of the statutes is amended to read:
SB315,16,311
153.60
(1) The
office department shall, by the first October 1 after the
12commencement of each fiscal year, estimate the total amount of expenditures for the
13office department and the board for that fiscal year
for data collection, data base
14development and maintenance, generation of data files and standard reports,
15orientation and training provided under s. 153.05 (9) and maintaining the board.
16The
office department shall assess the estimated total amount for that fiscal year less
17the estimated total amount to be received
for purposes of administration of this
18chapter under s.
20.145 (8) (hi), (hj), (kx) and (mr) 20.435 (1) (hi) during the fiscal year
19and the unencumbered balances of the amounts received
for purposes of
20administration of this chapter under s.
20.145 (8) (hi), (hj) and (mr) 20.435 (1) (hi) 21from the prior fiscal year, to
hospitals in proportion to each hospital's respective gross
22private-pay patient revenues during the hospital's most recently concluded entire
23fiscal year health care providers, who are in a class of health care providers from
24whom the department collects data under this chapter in a manner specified by the
25department by rule. Each
hospital health care provider shall pay the assessment on
1or before December 1. All payments of assessments shall be deposited in the
2appropriation under s.
20.145 (8) (hg) 20.435 (1) (hg) and may be used solely for
3purposes of this chapter.
SB315, s. 55
4Section
55. 153.60 (2) of the statutes is repealed.
SB315, s. 56
5Section
56. 153.60 (3) of the statutes is created to read:
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153.60
(3) The department shall, by the first October 1 after the
7commencement of each fiscal year, estimate the total amount of expenditures
8required for the collection, database development and maintenance and generation
9of public data files and standard reports for health care plans that voluntarily agree
10to supply health care data under s. 153.05 (6r). The department shall assess the
11estimated total amount for that fiscal year to health care plans in a manner specified
12by the department by rule and may enter into an agreement with the office of the
13commissioner of insurance for collection of the assessments. Each health plan that
14voluntarily agrees to supply this information shall pay the assessments on or before
15December 1. All payments of assessments shall be deposited in the appropriation
16under s. 20.435 (1) (hg) and may be used solely for the purposes of s. 153.05 (6r).
SB315, s. 57
17Section
57. 153.65 of the statutes is amended to read:
SB315,16,25
18153.65 Provision of special information; user fees. The
office department 19may provide, upon request from a person, a data compilation or a special report based
20on the information collected by the
office under s. 153.05 (1), (3), (4) (b), (5), (7) or (8)
21or 153.08 department. The
office
department shall establish user fees for the
22provision of these compilations or reports, payable by the requester, which shall be
23sufficient to fund the actual necessary and direct cost of the compilation or report.
24All moneys collected under this section shall be credited to the appropriation under
25s.
20.145 (8) 20.435 (1) (hi).
SB315, s. 58
1Section
58. 153.75 (1) (intro.), (b), (f), (k) and (L) of the statutes are amended
2to read:
SB315,17,43
153.75
(1) (intro.) Following approval by the board, the
commissioner 4department shall promulgate the following rules:
SB315,17,75
(b) Establishing procedures under which
hospitals and health care providers
6are permitted to review and verify
patient-related information
prior to its
7submission to the office.
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(f) Governing the release of
physician-specific
health care provider-specific 9and employer-specific data under s. 153.45 (3).
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(k) Establishing methods and criteria for assessing
hospitals and ambulatory
11surgery centers health care providers under s. 153.60
(1).
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(L) Defining the term "uncompensated health care services" for the purposes
13of
ss. 153.05 (1) (d) and s. 153.20.
SB315, s. 59
14Section
59. 153.75 (1) (c), (d), (e), (i) and (j) of the statutes are repealed.
SB315, s. 60
15Section
60. 153.75 (1) (m), (n), (o), (p), (q), (r) and (s) of the statutes are created
16to read:
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153.75
(1) (m) Specifying the classes of health care providers from whom claims
18data and other health care information will be collected.
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(n) Specifying the uniform data set of health care information to be collected.
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(o) Specifying the means by which the information in par. (b) will be collected,
21including the procedures for submission of data by electronic means.
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(p) Specifying the methods for using and disseminating health care data in
23order for health care providers to provide health care that is effective and
24economically efficient and for consumers and purchasers to make informed decisions
25in selecting health care plans and health care providers.
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1(q) Specifying the information to be provided in the consumer guide under s.
2153.21.
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(r) Specifying the standard reports that will be issued by the department in
4addition to those required in ss. 153.20 and 153.21.
SB315,18,55
(s) Defining "individual data elements" for purposes of s. 153.45 (4).
SB315, s. 61
6Section
61. 153.75 (2) (intro.) and (c) of the statutes are amended to read:
SB315,18,87
153.75
(2) (intro.)
With the
Following approval of the board, the
commissioner 8department may promulgate all of the following rules:
SB315,18,109
(c) Providing for the efficient collection, analysis and dissemination of health
10care information which the
office department may require under this chapter.
SB315, s. 62
11Section
62. 153.75 (2) (b) of the statutes is repealed.
SB315, s. 63
12Section
63. 153.75 (2) (d) of the statutes is created to read:
SB315,18,1513
153.75
(2) (d) Specifying the information collected under any voluntary system
14of health care plan reporting under s. 153.05 (6r) and the methods and criteria for
15assessing health care plans that submit data under that subsection.
SB315, s. 64
16Section
64. 153.90 (1) and (2) of the statutes are amended to read:
SB315,18,1917
153.90
(1) Whoever intentionally violates s.
153.45 (5) or 153.50 or rules
18promulgated under s. 153.75 (1) (a) may be fined not more than $10,000 or
19imprisoned for not more than 9 months or both.
SB315,19,2
20(2) Any person who violates this chapter or any rule promulgated under the
21authority of this chapter, except ss.
153.45 (5), 153.50 and 153.75 (1) (a), as provided
22in s. 153.85 and sub. (1), shall forfeit not more than $100 for each violation. Each day
23of violation constitutes a separate offense, except that no day in the period between
24the date on which a request for a hearing is filed under s. 227.44 and the date of the
1conclusion of all administrative and judicial proceedings arising out of a decision
2under this section constitutes a violation.
SB315, s. 65
3Section
65. 153.90 (3) of the statutes is amended to read:
SB315,19,104
153.90
(3) The
commissioner department may directly assess forfeitures under
5sub. (2). If the
commissioner department determines that a forfeiture should be
6assessed for a particular violation or for failure to correct the violation, the
7commissioner department shall send a notice of assessment to the alleged violator.
8The notice shall specify the alleged violation of the statute or rule and the amount
9of the forfeiture assessed and shall inform the alleged violator of the right to contest
10the assessment under s. 227.44.
SB315, s. 66
11Section
66. 230.08 (2) (ym) of the statutes is repealed.
SB315, s. 67
12Section
67. 601.429 of the statutes is repealed.
SB315, s. 68
13Section
68. 943.30 (5) of the statutes is created to read:
SB315,19,1514
943.30
(5) (a) In this subsection, "patient health care records" has the meaning
15given in s. 146.81 (4).
SB315,19,2016
(b) Whoever, orally or by any written or printed communication, maliciously
17uses, or threatens to use, the patient health care records of another person, with
18intent thereby to extort money or any pecuniary advantage whatever, or with intent
19to compel the person so threatened to do any act against the person's will or omit to
20do any lawful act, is guilty of a Class D felony.
SB315, s. 69
21Section
69.
Nonstatutory provisions; health and family services.
SB315,20,522
(1) The department of health and family services shall prepare a report on the
23feasibility of requiring major health care providers, other than hospitals, to report
24annually on the services provided as either charity care or bad debt services and to
25file an annual plan on projected services that will be provided as either charity care
1or bad debt services, in the same manner as the annual report and plan by hospitals
2under section 153.20 of the statutes, as affected by this act. By the first day of the
37th month after publication of this act, the department shall submit the report to the
4legislature in the manner provided under section 13.172 (2) of the statutes, to the
5board on health care information and to the governor.
SB315, s. 70
6Section
70.
Nonstatutory provisions; insurance; transfer of health
care information functions.
SB315,20,107
(1)
Assets and liabilities. On the effective date of this subsection, all assets
8and liabilities of the office of the commissioner of insurance that are primarily
9related to the functions of the office of health care information shall become the
10assets and liabilities of the department of health and family services.
SB315,20,2011
(2)
Employe transfers. The department of health and family services and the
12office of the commissioner of insurance shall jointly determine these assets and
13liabilities and shall jointly develop and implement a plan for the orderly transfer
14thereof. In the event of any disagreement between the department and the office of
15the commissioner of insurance, the secretary of administration shall decide the
16question. On the effective date of this subsection, 19.0 FTE PR positions in the office
17of the commissioner of insurance that are primarily related to the functions of the
18office of health care information and the incumbents holding these positions, as
19determined by the secretary of administration, are transferred to the department of
20health and family services.
SB315,21,221
(3)
Employe status. Employes transferred under subsection (2
) have all the
22rights and the same status under subchapter V of chapter 111 and chapter 230 of the
23statutes in the department of health and family services that they enjoyed in the
24office of the commissioner of insurance immediately before the transfer.
1Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who
2has attained permanent status in class is required to serve a probationary period.
SB315,21,113
(4)
Tangible personal property. On the effective date of this subsection, all
4tangible personal property, including records, of the office of the commissioner of
5insurance that is primarily related to the functions of the office of health care
6information are transferred to the department of health and family services. The
7department of health and family services and the office of the commissioner of
8insurance shall jointly identify the tangible personal property, including records,
9and shall jointly develops and implement a plan for the orderly transfer thereof. In
10the event of any disagreement between the department and the office of the
11commissioner, the secretary of administration shall decide the question.
SB315,21,1812
(5)
Pending matters. On the effective date of this subsection, any matter
13pending with the office of the commissioner of insurance primarily related to the
14functions of the office of health care information is transferred to the department of
15health and family services. All materials submitted to or actions taken by the office
16of the commissioner of insurance with respect to the pending matter are considered
17as having been submitted to or taken by the department of health and family
18services.
SB315,22,519
(6)
Contracts. On the effective date of this subsection, all contracts entered
20into by the office of the commissioner of insurance primarily related to the functions
21of the office of health care information which are in effect on the effective date of this
22subsection remain in effect and are transferred to the department of health and
23family services. The department of health and family services and the office of the
24commissioner of insurance shall jointly identify these contracts and shall jointly
25develop and implement a plan for the orderly transfer thereof. In the event of any
1disagreement between the department and the office of the commissioner of
2insurance, the secretary of administration shall decide the question. The
3department of health and family services shall carry out any such contractual
4obligations until modified or rescinded by the department of health and family
5services to the extent allowed under the contracts.
SB315,22,146
(7)
Rules and orders. All rules promulgated by the office of the commissioner
7of insurance that are in effect on the effective date of this subsection and that are
8primarily related to the functions of the office of health care information remain in
9effect until their specified expiration date or until amended or repealed by the
10department of health and family services. All orders issued by the office of the
11commissioner of insurance that are in effect on the effective date of this subsection
12and that are primarily related to the functions of the office of health care information
13remain in effect until their specified expiration date or until modified or rescinded
14by the department of health and family services.
SB315,22,1816
(1) Section 15.07 (1) (b) 21. of the statutes, as created by this act, first applies
17to persons appointed to the board on health care information on the effective date of
18this act.
SB315,22,2120
(1)
This act takes effect on the day after publication of this act or on the second
21day after publication of the 1997-99 biennial budget act, whichever is later.