Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,348,5 1. Any license issued to such company was obtained by fraud,.

AB133-ASA1-AA2,348,6 2. There was any misrepresentation in the application for the license ,.

AB133-ASA1-AA2,348,8 3. The holder of such license has otherwise shown himself or herself untrustworthy or incompetent to act as a premium finance company,.

AB133-ASA1-AA2,348,9 4. Such The company has violated any provision of this section, or.

AB133-ASA1-AA2,348,13 5. Such The company has been rebating part of the service charge as allowed and permitted herein to any insurance agent or insurance broker or any employe of an insurance agent or insurance broker or to any other person as an inducement to the financing of any insurance policy with the premium finance company.".

AB133-ASA1-AA2,348,14 846. Page 1139, line 23: after that line insert:

AB133-ASA1-AA2,348,15 " Section 2169v. Chapter 139 (title) of the statutes is amended to read:

AB133-ASA1-AA2,348,19 Chapter 139 Beverage, controlled substances and, tobacco and attorney fees taxes".

AB133-ASA1-AA2,348,20 847. Page 1139, line 23: after that line insert:

AB133-ASA1-AA2,348,22 " Section 2169s. 139.03 (5) (b) of the statutes is renumbered 139.03 (5) (b) 1. and amended to read:

AB133-ASA1-AA2,349,7 139.03 (5) (b) 1. Any Except as provided in subd. 2., any person, except an underage person as defined under s. 125.02 (20m), who leaves a foreign country, after spending at least 48 hours in that foreign country, with the purpose of entering this state may have in that person's possession and bring into the state intoxicating liquor or wine in sealed original containers in amounts not to exceed, in the aggregate, 4 liters without payment of the tax imposed under this subchapter. The 4 liters of tax-free intoxicating liquor and wines may not be sent, shipped or carried into the state other than in the immediate possession of the person as qualified by this subsection.

AB133-ASA1-AA2, s. 2169t Section 2169t. 139.03 (5) (b) 2. of the statutes is created to read:

AB133-ASA1-AA2,349,15 139.03 (5) (b) 2. A person who is a member of the national guard, the U. S. armed forces or a reserve component of the U. S. armed forces; who is a state resident; and who leaves a foreign country, after spending at least 48 hours in that foreign country on duty or for training, with the purpose of entering into this state may bring into the state, in sealed original containers and in the person's immediate possession, intoxicating liquor and wine in an aggregate amount not exceeding 16 liters without paying the tax imposed under this subchapter on that amount.".

AB133-ASA1-AA2,349,16 848. Page 1140, line 3: delete that line.

AB133-ASA1-AA2,349,17 849. Page 1140, line 22: delete "70%" and substitute " 50%".

AB133-ASA1-AA2,349,19 850. Page 1140, line 25: delete the material beginning with that line and ending with page 1142, line 6.

AB133-ASA1-AA2,349,20 851. Page 1144, line 9: delete "70%" and substitute "50%".

AB133-ASA1-AA2,349,21 852. Page 1144, line 23: after that line insert:

AB133-ASA1-AA2,349,23 " Section 2182j. Subchapter V of chapter 139 [precedes 139.97] of the statutes is created to read:

AB133-ASA1-AA2,350,3 chapter 139 subchapter V attorney fees tax

AB133-ASA1-AA2,350,9 139.97 Imposition. (1) (a) In this subsection "attorney fees" means fees for legal services, not including the reimbursement of out-of-pocket expenses, paid to a private attorney or a law firm under a contract with the state to provide legal services for the state and awarded to a private attorney or a law firm by a court order, settlement agreement, contingency fee arrangement, arbitration procedure or alternative dispute resolution procedure.

AB133-ASA1-AA2,350,12 (b) An occupational tax is imposed on attorney fees at the rate of 80% of the amount of attorney fees that exceeds the rate of $500 an hour for legal services provided to the state, regardless of the basis on which the attorney fees are paid.

AB133-ASA1-AA2,350,15 139.98 Administration. (1) The department of revenue shall administer the tax under this subchapter and may take any action, conduct any proceeding and impose interest and penalties related to the tax under this subchapter.

AB133-ASA1-AA2,350,19 (2) Sections 77.51 (4) (a), (b) 1., 2. and 4., (c) 1. to 3., (d) and (17), 77.52 (3), (6), (13), (14), (18) and (19), 77.58 (1) to (5) and (7), 77.59, 77.60, 77.61 (2), (5), (8), (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the tax under this subchapter.

AB133-ASA1-AA2,350,24 (3) A person who is subject to the tax under this subchapter shall provide the department of revenue with documentation of the actual hours worked by the person or the person's employes that are related to the attorney fees on which the tax under this subchapter is imposed. A person who is subject to the tax under this subchapter and who fails to provide such documentation is guilty of a misdemeanor.

AB133-ASA1-AA2,351,2 (4) The department of revenue shall deposit the taxes collected under this subchapter in the fund under s. 25.62.".

AB133-ASA1-AA2,351,3 853. Page 1144, line 23: after that line insert:

AB133-ASA1-AA2,351,4 " Section 2188m. 145.02 (5) of the statutes is created to read:

AB133-ASA1-AA2,351,8 145.02 (5) Notwithstanding subs. (2) and (3), the department may not promulgate or enforce a rule that requires the owner of a private sewage system to discontinue use of the private sewage system and connect to a public sewer because a public sewer becomes available.".

AB133-ASA1-AA2,351,9 854. Page 1156, line 10: after "(b)" insert "1. to 7.".

AB133-ASA1-AA2,351,10 855. Page 1156, line 21: delete lines 21 and 22.

AB133-ASA1-AA2,351,11 856. Page 1158, line 3: after that line insert:

AB133-ASA1-AA2,351,14 "8. A person who is designated as a poison information provider, annually receives at least 16 documented hours of job-relevant continuing education and has an appropriate health-oriented background.".

AB133-ASA1-AA2,351,15 857. Page 1158, line 4: delete lines 4 to 11.

AB133-ASA1-AA2,351,16 858. Page 1158, line 11: after that line insert:

AB133-ASA1-AA2,351,17 " Section 2252m. 146.81 (1) (eq) of the statutes is created to read:

AB133-ASA1-AA2,351,18 146.81 (1) (eq) An athletic trainer licensed under subch. VI of ch. 448.".

AB133-ASA1-AA2,351,19 859. Page 1158, line 11: after that line insert:

AB133-ASA1-AA2,351,20 " Section 2252gm. 146.819 (4) (e) of the statutes is repealed.".

AB133-ASA1-AA2,351,21 860. Page 1158, line 11: after that line insert:

AB133-ASA1-AA2,351,22 " Section 2251r. 146.84 (3) of the statutes is amended to read:

AB133-ASA1-AA2,352,4 146.84 (3) Discipline of employes. Any person employed by the state, or any political subdivision of the state who violates s. 146.82 or 146.83 , except a health care provider that negligently violates s. 153.50 (6) (c), may be discharged or suspended without pay.".

AB133-ASA1-AA2,352,9 861. Page 1158, line 19: delete lines 19 to 21 and substitute "commencement of each fiscal year, estimate the total amount of expenditures and the department shall assess the estimated total amount under s. 20.435 (1) (gp) to hospitals, as defined in s. 50.33 (2), a total of $1,500,000, in proportion to each hospital's respective gross".

AB133-ASA1-AA2,352,10 862. Page 1169, line 20: after that line insert:

AB133-ASA1-AA2,352,11 " Section 2277r. 149.165 (2) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,352,16 149.165 (2) (intro.) If Subject to sub. (3m), if the household income, as defined in s. 71.52 (5) and as determined under sub. (3), of an eligible person is equal to or greater than the first amount and less than the 2nd amount listed in any of the following, the department shall reduce the premium for the eligible person to the rate shown after the amounts:

AB133-ASA1-AA2, s. 2277t Section 2277t. 149.165 (3m) of the statutes is created to read:

AB133-ASA1-AA2,352,24 149.165 (3m) Upon request of the board, the joint committee on finance may approve or disapprove adjustment, by the board or the department, of the household income dollar amounts listed in sub. (2) (a) to (d), except for the first dollar amount listed in sub. (2) (a), to reflect changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor. With any request for approval of adjustment under this subsection, the board shall submit to the joint committee on finance the proposed adjusted amounts.".

AB133-ASA1-AA2,353,4 863. Page 1170, line 5: delete the material beginning with "The department" and ending with "requirements." on line 8 and substitute "The department shall consult with the board on prior authorization policy before establishing any prior authorization requirements under the plan.".

AB133-ASA1-AA2,353,5 864. Page 1170, line 11: after that line insert:

AB133-ASA1-AA2,353,6 " Section 2278rm. 150.84 (2) of the statutes is amended to read:

AB133-ASA1-AA2,353,12 150.84 (2) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.".

AB133-ASA1-AA2,353,13 865. Page 1170, line 18: after that line insert:

AB133-ASA1-AA2,353,15 " Section 2280b. 153.45 (1) (b) of the statutes is renumbered 153.45 (1) (b) 1. and amended to read:

AB133-ASA1-AA2,353,22 153.45 (1) (b) 1. Public For information that is submitted by hospitals or ambulatory surgery centers, public use data files which that do not permit the identification of specific patients, employers or health care providers, as defined by rules promulgated by the department. The identification of these groups patients, employers or health care providers shall be protected by all necessary means, including the deletion of patient identifiers and the use of calculated variables and aggregated variables.

AB133-ASA1-AA2, s. 2280c Section 2280c. 153.45 (1) (b) 2. of the statutes is created to read:

AB133-ASA1-AA2,354,12 153.45 (1) (b) 2. For information that is submitted by health care providers other than hospitals or ambulatory surgery centers, public use data files that do not permit the identification of specific patients, employers or health care providers, as defined by rules promulgated by the department. The identification of patients, employers or health care providers shall be protected by all necessary means, including the deletion of patient identifiers; the use of calculated variables and aggregated variables; the specification of counties as to residence, rather than zip codes; the use of 5-year categories for age, rather than exact age; not releasing information concerning a patient's race or ethnicity or dates of admission, discharge, procedures or visits; and masking sensitive diagnoses and procedures by use of larger diagnostic and procedure categories. Public use data files under this subdivision may include only the following:

AB133-ASA1-AA2,354,13 a. The patient's county of residence.

AB133-ASA1-AA2,354,14 b. The payment source, by type.

AB133-ASA1-AA2,354,16 c. The patient's age category, by 5-year intervals up to age 80 and a category of 80 years or older.

AB133-ASA1-AA2,354,17 d. The patient's procedure code.

AB133-ASA1-AA2,354,18 e. The patient's diagnosis code.

AB133-ASA1-AA2,354,19 f. Charges assessed with respect to the procedure code.

AB133-ASA1-AA2,354,21 g. The name and address of the facility in which the patient's services were rendered.

AB133-ASA1-AA2,354,22 h. The patient's sex.

AB133-ASA1-AA2,355,2 i. Information that contains the name of a health care provider that is not a hospital or ambulatory surgery center, if the privacy institutional review board first reviews and approves the release or if the department promulgates rules that specify circumstances under which the privacy institutional review board need not review and approve the release.

AB133-ASA1-AA2,355,3 j. Calendar quarters of service.

AB133-ASA1-AA2,355,5 k. Information other than patient-identifiable data, as defined in s. 153.50 (1) (b), as approved by the privacy institutional review board.

AB133-ASA1-AA2, s. 2280d Section 2280d. 153.45 (1) (b) 3. of the statutes is created to read:

AB133-ASA1-AA2,355,10 153.45 (1) (b) 3. Public use data files that specify calendar quarters of service, rather than date of service, except if the department specifies by rule that the number of data elements included in the public use data file is too small to enable protection of patient confidentiality.

AB133-ASA1-AA2, s. 2280e Section 2280e. 153.45 (1) (c) of the statutes is renumbered 153.45 (1) (c) (intro.) and amended to read:

AB133-ASA1-AA2,355,24 153.45 (1) (c) (intro.) Custom-designed reports containing portions of the data under par. (b). Of information submitted by health care providers that are not hospitals or ambulatory surgery centers, requests under this paragraph for data elements other than those available for public use data files under par. (b) 2., including the patient's month and year of birth, require review and approval by the privacy institutional review board before the data elements may be released. Information that contains the name of a health care provider that is not a hospital or ambulatory surgery center may be released only if the privacy institutional review board first reviews and approves the release or if the department promulgates rules that specify circumstances under which the privacy institutional review board need not review and approve the release. Reports under this paragraph may include the patient's zip code only if at least one of the following applies:

AB133-ASA1-AA2, s. 2280f Section 2280f. 153.45 (1) (c) 1. to 4. of the statutes are created to read:

AB133-ASA1-AA2,356,1 153.45 (1) (c) 1. Other potentially identifying data elements are not released.

AB133-ASA1-AA2,356,2 2. Population density is sufficient to mask patient identity.

AB133-ASA1-AA2,356,4 3. Other potentially identifying data elements are grouped to provide population density sufficient to protect identity.

AB133-ASA1-AA2,356,5 4. Multiple years of data elements are added to protect identity.

AB133-ASA1-AA2, s. 2280g Section 2280g. 153.45 (6) of the statutes is created to read:

AB133-ASA1-AA2,356,10 153.45 (6) The department may not sell or distribute data bases of information, from health care providers who are not hospitals or ambulatory surgery centers, that are able to be linked with public use data files, unless first approved by the privacy institutional review board.

AB133-ASA1-AA2, s. 2280ge Section 2280ge. 153.50 (1) (a) of the statutes is renumbered 153.01 (2m).

AB133-ASA1-AA2, s. 2280gg Section 2280gg. 153.50 (1) (b) of the statutes is renumbered 153.50 (1) (b) 1., and 153.50 (1) (b) 1. (intro.), b., c., i. and j., as renumbered, are amended to read:

AB133-ASA1-AA2,356,16 153.50 (1) (b) 1. (intro.) "Patient-identifiable data", for information submitted by hospitals and ambulatory surgery centers, means all of the following data elements:

AB133-ASA1-AA2,356,17 b. Patient control or account number.

AB133-ASA1-AA2,356,18 c. Patient date of birth age category.

AB133-ASA1-AA2,356,19 i. Patient's employer's name or school name.

AB133-ASA1-AA2,356,20 j. Insured's sex and date of birth.

AB133-ASA1-AA2, s. 2280gm Section 2280gm. 153.50 (1) (b) 2. of the statutes is created to read:

AB133-ASA1-AA2,356,24 153.50 (1) (b) 2. "Patient-identifiable data", for information submitted by health care providers who are not hospitals or ambulatory surgery centers, means all of the following data elements:

AB133-ASA1-AA2,356,25 a. Data elements specified in subd. 1. a. to g.