SB315: Bill Text

SB315, s. 48 Section 48. 153.40 of the statutes is repealed.

SB315, s. 49 Section 49. 153.45 (1) (intro.), (a), (b) and (c), (2) and (3) of the statutes are amended to read:

SB315,13,19 153.45 (1) (intro.)  After completion of data verification and review procedures under s. 153.40 specified by the department by rule, the office department shall release data in the following forms:

SB315,13,20 (a) Standard reports in accordance with ss. 153.10 to 153.35.

SB315,13,25 (b) Public use tapes data files which do not permit the identification of specific patients, physicians, employers or other health care providers, as defined by rules promulgated by the commissioner. 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.

SB315,14,2 (c) Custom-designed subfile tapes, other electronic media, special data compilations or reports containing portions of the public use tape data under par. (b).

SB315,14,5 (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.

SB315,14,9 (3) The office department shall release physician-specific health care provider-specific and employer-specific data, except in public use tapes data files as specified under sub. (1) (b), in a manner that is specified in rules promulgated by the commissioner department.

SB315, s. 50 Section 50. 153.45 (4) of the statutes is created to read:

SB315,14,12 153.45 (4) The department shall prohibit purchasers of data from rereleasing individual data elements of health care data files.

SB315, s. 51 Section 51. 153.45 (5) of the statutes is created to read:

SB315,14,18 153.45 (5) The department may not release any health care information that is subject to rules promulgated under s. 153.75 (1) (b) until the verification and review procedures required under those rules have been complied with. Nothing in this subsection prohibits release of health care provider-specific information to the health care provider to whom the information relates.

SB315, s. 52 Section 52. 153.50 of the statutes is amended to read:

SB315,15,6 153.50 Protection of patient confidentiality. Patient-identifiable data obtained under this chapter and contained in the discharge data base of the office is not subject to inspection, copying or receipt under s. 19.35 (1) and may not be released by the office, except to the patient or to a person granted permission for release by the patient and except that a hospital, a physician, health care provider or the agent of a hospital or physician or the commissioner health care provider 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.

SB315, s. 53 Section 53. 153.60 (title) of the statutes is amended to read:

SB315,15,9 153.60 (title) Assessments to fund operations of office the department and board.

SB315, s. 54 Section 54. 153.60 (1) of the statutes is amended to read:

SB315,16,3 153.60 (1) The office department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures for the office department and the board for that fiscal year for data collection, data base development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) and maintaining the board. The office 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 chapter under s. 20.145 (8) (hi), (hj), (kx) and (mr) 20.435 (1) (hi) during the fiscal year and the unencumbered balances of the amounts received for purposes of administration of this chapter 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 health care providers, who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. Each hospital health care provider shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.145 (8) (hg) 20.435 (1) (hg) and may be used solely for purposes of this chapter.

SB315, s. 55 Section 55. 153.60 (2) of the statutes is repealed.

SB315, s. 56 Section 56. 153.60 (3) of the statutes is created to read:

SB315,16,16 153.60 (3) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures required for the collection, database development and maintenance and generation of public data files and standard reports for health care plans that voluntarily agree to supply health care data under s. 153.05 (6r). The department shall assess the estimated total amount for that fiscal year to health care plans in a manner specified by the department by rule and may enter into an agreement with the office of the commissioner of insurance for collection of the assessments. Each health plan that voluntarily agrees to supply this information shall pay the assessments on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (hg) and may be used solely for the purposes of s. 153.05 (6r).

SB315, s. 57 Section 57. 153.65 of the statutes is amended to read:

SB315,16,25 153.65 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 under s. 153.05 (1), (3), (4) (b), (5), (7) or (8) or 153.08 department. 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).

SB315, s. 58 Section 58. 153.75 (1) (intro.), (b), (f), (k) and (L) of the statutes are amended to read:

SB315,17,4 153.75 (1) (intro.)  Following approval by the board, the commissioner department shall promulgate the following rules:

SB315,17,7 (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.

SB315,17,9 (f) Governing the release of physician-specific health care provider-specific and employer-specific data under s. 153.45 (3).

SB315,17,11 (k) Establishing methods and criteria for assessing hospitals and ambulatory surgery centers health care providers under s. 153.60 (1).

SB315,17,13 (L) Defining the term "uncompensated health care services" for the purposes of ss. 153.05 (1) (d) and s. 153.20.

SB315, s. 59 Section 59. 153.75 (1) (c), (d), (e), (i) and (j) of the statutes are repealed.

SB315, s. 60 Section 60. 153.75 (1) (m), (n), (o), (p), (q), (r) and (s) of the statutes are created to read:

SB315,17,18 153.75 (1) (m) Specifying the classes of health care providers from whom claims data and other health care information will be collected.

SB315,17,19 (n) Specifying the uniform data set of health care information to be collected.

SB315,17,21 (o) Specifying the means by which the information in par. (b) will be collected, including the procedures for submission of data by electronic means.

SB315,17,25 (p) Specifying the methods for using and disseminating health care data in order for health care providers 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.

SB315,18,2 (q) Specifying the information to be provided in the consumer guide under s. 153.21.

SB315,18,4 (r) Specifying the standard reports that will be issued by the department in addition to those required in ss. 153.20 and 153.21.

SB315,18,5 (s) Defining "individual data elements" for purposes of s. 153.45 (4).

SB315, s. 61 Section 61. 153.75 (2) (intro.) and (c) of the statutes are amended to read:

SB315,18,8 153.75 (2) (intro.)  With the Following approval of the board, the commissioner department may promulgate all of the following rules:

SB315,18,10 (c) Providing for the efficient collection, analysis and dissemination of health care information which the office department may require under this chapter.

SB315, s. 62 Section 62. 153.75 (2) (b) of the statutes is repealed.

SB315, s. 63 Section 63. 153.75 (2) (d) of the statutes is created to read:

SB315,18,15 153.75 (2) (d) Specifying the information collected under any voluntary system of health care plan reporting under s. 153.05 (6r) and the methods and criteria for assessing health care plans that submit data under that subsection.

SB315, s. 64 Section 64. 153.90 (1) and (2) of the statutes are amended to read:

SB315,18,19 153.90 (1) Whoever intentionally violates s. 153.45 (5) or 153.50 or rules promulgated under s. 153.75 (1) (a) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB315,19,2 (2) Any person who violates this chapter or any rule promulgated under the authority of this chapter, except ss. 153.45 (5), 153.50 and 153.75 (1) (a), as provided in s. 153.85 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.

SB315, s. 65 Section 65. 153.90 (3) of the statutes is amended to read:

SB315,19,10 153.90 (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.

SB315, s. 66 Section 66. 230.08 (2) (ym) of the statutes is repealed.

SB315, s. 67 Section 67. 601.429 of the statutes is repealed.

SB315, s. 68 Section 68. 943.30 (5) of the statutes is created to read:

SB315,19,15 943.30 (5) (a) In this subsection, "patient health care records" has the meaning given in s. 146.81 (4).

SB315,19,20 (b) Whoever, orally or by any written or printed communication, maliciously uses, or threatens to use, the patient health care records of another person, with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class D felony.

SB315, s. 69 Section 69. Nonstatutory provisions; health and family services.

SB315,20,5 (1) The department of health and family services shall prepare a report on the feasibility of requiring major health care providers, other than hospitals, to report annually on the services provided as either charity care or bad debt services and to file an annual plan on projected services that will be provided as either charity care or bad debt services, in the same manner as the annual report and plan by hospitals under section 153.20 of the statutes, as affected by this act. By the first day of the 7th month after publication of this act, the department shall submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes, to the board on health care information and to the governor.

SB315, s. 70 Section 70. Nonstatutory provisions; insurance; transfer of health care information functions.

SB315,20,10 (1) Assets and liabilities. On the effective date of this subsection, all assets and liabilities of the office of the commissioner of insurance that are primarily related to the functions of the office of health care information shall become the assets and liabilities of the department of health and family services.

SB315,20,20 (2)  Employe transfers. The department of health and family services and the office of the commissioner of insurance shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question. On the effective date of this subsection, 19.0 FTE PR positions in the office of the commissioner of insurance that are primarily related to the functions of the office of health care information and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of health and family services.

SB315,21,2 (3) Employe status. Employes transferred under subsection (2 ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of health and family services that they enjoyed in the office of the commissioner of insurance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

SB315,21,11 (4) Tangible personal property. On the effective date of this subsection, all tangible personal property, including records, of the office of the commissioner of insurance that is primarily related to the functions of the office of health care information are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify the tangible personal property, including records, and shall jointly develops and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner, the secretary of administration shall decide the question.

SB315,21,18 (5) Pending matters. On the effective date of this subsection, any matter pending with the office of the commissioner of insurance primarily related to the functions of the office of health care information is transferred to the department of health and family services. All materials submitted to or actions taken by the office of the commissioner of insurance with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.

SB315,22,5 (6) Contracts. On the effective date of this subsection, all contracts entered into by the office of the commissioner of insurance primarily related to the functions of the office of health care information which are in effect on the effective date of this subsection remain in effect and are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question. The department of health and family services shall carry out any such contractual obligations until modified or rescinded by the department of health and family services to the extent allowed under the contracts.

SB315,22,14 (7) Rules and orders. All rules promulgated by the office of the commissioner of insurance that are in effect on the effective date of this subsection and that are primarily related to the functions of the office of health care information remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the office of the commissioner of insurance that are in effect on the effective date of this subsection and that are primarily related to the functions of the office of health care information remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

SB315, s. 71 Section 71. Initial applicability.

SB315,22,18 (1) Section 15.07 (1) (b) 21. of the statutes, as created by this act, first applies to persons appointed to the board on health care information on the effective date of this act.

SB315, s. 72 Section 72. Effective date.

SB315,22,21 (1)  This act takes effect on the day after publication of this act or on the second day after publication of the 1997-99 biennial budget act, whichever is later.

SB315,22,22 (End)