SB495, s. 26
10Section
26
. 50.14 (3) of the statutes is amended to read:
SB495,14,2111
50.14
(3) By
October 31, 1992, each facility shall submit to the department the
12facility's occupied licensed bed count and the amount due under sub. (2) for each
13occupied licensed bed of the facility for each month for the period from July 1, 1992,
14to September 30, 1992. Thereafter, by the end of each month
, each facility shall
15submit
its to the department the facility's occupied licensed bed count and
payment 16the amount due under sub. (2) for each occupied licensed bed of the facility for the
17month preceding the month during which the bed count and payment are being
18submitted. The department shall verify the bed count and, if necessary, make
19adjustments to the payment, notify the facility of changes in the bed count or
20payment and send the facility an invoice for the additional amount due or send the
21facility a refund.
Note: The amendment in Section 26 deletes outdated references to dates by which
inpatient health care facility bed counts and payments are due the DHFS.
SB495, s. 27
22Section
27
. 69.05 (6) of the statutes is repealed.
SB495, s. 28
1Section
28
. 69.18 (1) (e) 1. (intro.) of the statutes is amended to read:
SB495,15,62
69.18
(1) (e) 1. (intro.) If a death is a miscarriage and 20 weeks or more have
3elapsed between the mother's last normal menstrual period and delivery or the
4stillbirth weighs 350 grams or more, one of the following shall submit, within 5 days
5after delivery, a fetal death report to the
registration district where delivery occurred 6state registrar:
Note: Under current law, fetal death reports must first be filed at the local
registration office in the place where the fetus was delivered. Local registrars are then
required to forward these reports to the state registrar of vital statistics. The
amendments in Sections 27 and 28 change current law to require filing of fetal death
reports directly with the state registrar. According to the DHFS, this change will speed
up the filing process for these documents; decrease the risk that confidential information
could become public; and decrease mailing and other costs currently incurred by local
registrars in handling these reports.
SB495, s. 29
7Section
29. 115.28 (16) of the statutes is repealed.
SB495, s. 30
8Section
30
. 146.82 (1) of the statutes is amended to read:
SB495,15,149
146.82
(1) Confidentiality. All patient health care records shall remain
10confidential. Patient health care records may be released only to the persons
11designated in this section or to other persons with the informed consent of the patient
12or of a person authorized by the patient. This subsection does not prohibit reports
13made in compliance with s. 146.995 or
979.01 or testimony authorized under s.
14905.04 (4) (h).
SB495, s. 31
15Section
31
. 146.82 (2) (a) 18. of the statutes is created to read:
SB495,16,416
146.82
(2) (a) 18. Following the death of a patient, to a coroner, deputy coroner,
17medical examiner or medical examiner's assistant, for the purpose of completing a
18medical certificate under s. 69.18 (2) or investigating a death under s. 979.01 or
19979.10. The health care provider may release information by initiating contact with
20the office of the coroner or medical examiner without receiving a request for release
21of the information and shall release information upon receipt of an oral or written
1request for the information from the coroner, deputy coroner, medical examiner or
2medical examiner's assistant. The recipient of any information under this
3subdivision shall keep the information confidential except as necessary to comply
4with s. 69.18, 979.01 or 979.10.
Note: Under current law, coroners and medical examiners are not included as
parties who are granted access to medical records without informed consent of the next
of kin or through a subpoena. According to the DHFS, this conflicts with the statutory
responsibility of these officials to perform certain duties connected with deaths. The
amendments in Sections 30 and 31 provide that coroners and medical examiners may
have access to certain health care records in order to perform their duties.
SB495, s. 32
5Section
32
. 251.04 (8) of the statutes is amended to read:
SB495,16,156
251.04
(8) Unless the manner of employment is otherwise provided for by
7ordinance, a local board of health shall employ qualified public health professionals,
8including a public health nurse to conduct general public health nursing programs
9under the direction of the local board of health and in cooperation with the
10department, and may employ one or more sanitarians to conduct environmental
11programs and other public health programs not specifically designated by statute as
12functions of the public health nurse. The local board of health shall coordinate the
13activities of any sanitarian employed by the
county board governing body of the
14jurisdiction that the local board of health serves. The local board of health is not
15required to employ different persons to perform these functions.
Note: Under current law, a local board of health must employ qualified public
health professionals. The local board of health is required to coordinate activities of any
sanitarian employed by the county board. According to the DHFS, this statute, as
presently worded, would give authority to the boards of health of cities, villages and towns
to coordinate the activities of sanitarians employed by county boards. The amendment
in Section 32 would eliminate the authority for a local board of health of one unit of local
government to coordinate activities to employes of a separate unit of local government.
SB495, s. 33
16Section
33
. 251.06 (1) (a) 1. of the statutes is amended to read:
SB495,17,217
251.06
(1) (a) 1. Except as provided in subd. 2.
or 3., a local health officer of a
18Level I local health department shall have at least a bachelor's degree from a nursing
1program accredited by the national professional nursing education accrediting
2organization or from a nursing program accredited by the board of nursing.
SB495, s. 34
3Section
34
. 251.06 (1) (a) 3. of the statutes is created to read:
SB495,17,74
251.06
(1) (a) 3. If there is more than one full-time employe of a Level I local
5health department, including a full-time public health nurse who meets the
6qualifications specified under s. 250.06, the local health officer may meet the
7qualifications of a Level II or Level III local health officer.
Note: Under current law, there are Level I, II and III local health departments.
Currently, statutes permit an appropriately qualified individual who is not a nurse to
direct a Level II or III local health department, but permit only a nurse to direct a Level
I health department. The amendments in Sections 33 and 34 permit a Level I local
health officer to meet the qualifications of a Level II or III health officer, if there is more
than one full-time employe in a Level I health department and as long as the health
department employs a full time professional nurse who is qualified under s. 250.06 stats.
SB495, s. 35
8Section
35
. 255.04 (3) (intro.) of the statutes is amended to read:
SB495,17,129
255.04
(3) (intro.) Any information reported to the department under sub. (1)
10or (5) which could identify any individual who is the subject of the report or
the
11person a physician submitting the report shall be confidential and may not be
12disclosed by the department except to the following:
Note: Under current law, the cancer reporting system has been unable to respond
to requests for aggregate information on cancer cases treated by hospitals, clinics and
laboratories, based on the interpretation that s. 255.04 (3) requires the identities of these
reporting entities to be kept confidential. The amendment in Section 35 provides that
only "physicians" are subject to this confidentiality requirement, not the broader category
of "persons", which has been interpreted to include hospitals, clinics and laboratories.
According to the DHFS, this change will enable the cancer reporting system to respond
to requests for aggregate data on cancer cases treated by hospitals, clinics and
laboratories.
SB495, s. 36
13Section
36
. 806.07 (1) (intro.) of the statutes is amended to read:
SB495,17,1614
806.07
(1) (intro.) On motion and upon such terms as are just, the court
,
15subject to subs. (2) and (3), may relieve a party or legal representative from a
16judgment, order or stipulation for the following reasons:
SB495, s. 37
17Section
37
. 806.07 (3) of the statutes is created to read:
SB495,18,6
1806.07
(3) A motion under this section may not be made by an adoptive parent
2to relieve the adoptive parent from a judgment or order under s. 48.91 (3) granting
3adoption of a child. A petition for termination of parental rights under s. 48.42 and
4an appeal to the court of appeals shall be the exclusive remedies for an adoptive
5parent who wishes to end his or her parental relationship with his or her adoptive
6child.
Note: The amendments in Sections 36 and 37 provide that an adoptive parent may
not make a motion under s. 806.07 (3) to be relieved from a judgment or order under s.
48.91 (3) granting the adoption of a child. The amendments clarify, together with the
provisions in Sections 8 and 9 of this bill, that a petition for termination of parental rights
is the exclusive remedy for an adoptive parent who wishes to end his or her parental
relationship with his or her adoptive child.
SB495, s. 38
7Section
38.
Initial applicability; health and family services.
SB495,18,128
(1)
Contracts for community integration program care in community-based
9residential facilities. The treatment of sections 46.275 (5) (b) 7. and 46.277 (5) (f)
10of the statutes first applies to contracts under section 46.275 (5), 46.277 (5) or 46.278
11(6) of the statutes that are issued, renewed, modified or extended on the effective date
12of this subsection.
SB495,18,1613
(2)
Bed approval on nursing home and community-based residential facility
14licenses. The treatment of section 50.03 (4) (e) of the statutes first applies to licenses
15for nursing homes and community-based residential facilities that are issued,
16renewed, modified or extended on the effective date of this subsection.