AB133-ASA1-CA1,471,1211
153.50
(3) (d) Require that a purchaser of data under this chapter sign and have
12notarized the data use agreement of the department specified in par. (c).
AB133-ASA1-CA1,471,1814
153.50
(3m) Health care provider measures to ensure patient identity
15protection. A health care provider that is not a hospital or ambulatory surgery
16center shall, before submitting information required by the department under this
17chapter, convert to a payer category code as specified by the department any names
18of an insured's payer or other insured's payer.
AB133-ASA1-CA1, s. 2280kp
19Section 2280kp. 153.50 (4) (intro.) of the statutes is renumbered 153.50 (4)
20(a) (intro.) and amended to read:
AB133-ASA1-CA1,471,2321
153.50
(4) (a) (intro.)
Under Except as specified in par. (b), under the
22procedures specified in sub. (5), release of patient-identifiable data may be made
23only to any of the following:
AB133-ASA1-CA1,472,74
153.50
(4) (b) Of information submitted by health care providers that are not
5hospitals or ambulatory surgery centers, patient-identifiable data that contain a
6patient's date of birth may be released under par. (a) only under circumstances as
7specified by rule by the department.
AB133-ASA1-CA1,472,129
153.50
(5) (a) (intro.) The department may not release or provide access to
10patient-identifiable data to a person authorized under sub. (4) (a)
, (c), (d) or (e) 11unless the authorized person requests the department, in writing, to release the
12patient-identifiable data. The request shall include all of the following:
AB133-ASA1-CA1,472,1614
153.50
(5) (a) 3. For a person who is authorized under sub. (4) (a)
, (c) or (d) to
15receive or have access to patient-identifiable data, evidence, in writing, that
16indicates that authorization.
AB133-ASA1-CA1,472,2018
153.50
(5) (a) 4. (intro.) For an entity that is authorized under sub. (4)
(e) (a)
194. to receive or have access to patient-identifiable data, evidence, in writing, of all
20of the following:
AB133-ASA1-CA1,472,2322
153.50
(5) (b) 3. For a person who believes that he or she is authorized under
23sub. (4)
(a), the action provided under s. 19.37.".
AB133-ASA1-CA1,473,53
153.50
(6) (b) The department may not require under this chapter a health care
4provider that is not a hospital or ambulatory surgery center to submit uniform
5patient billing forms.
AB133-ASA1-CA1,473,86
(c) A health care provider that is not a hospital or ambulatory surgery center
7may not submit any of the following to the department under the requirements of
8this chapter:
AB133-ASA1-CA1,473,99
1. The data elements specified under sub. (3) (b).
AB133-ASA1-CA1,473,1010
2. The patient's telephone number.
AB133-ASA1-CA1,473,1111
3. The insured's employer's name or school name.
AB133-ASA1-CA1,473,1312
4. Data regarding insureds other than the patient, other than the payer
13category code under sub. (3m).
AB133-ASA1-CA1,473,1414
5. The patient's employer's name or school name.
AB133-ASA1-CA1,473,1515
6. The patient's relationship to the insured.
AB133-ASA1-CA1,473,1616
7. The insured's identification number.
AB133-ASA1-CA1,473,1717
8. The insured's policy or group number.
AB133-ASA1-CA1,473,1818
9. The insured's date of birth or sex.
AB133-ASA1-CA1,473,1919
10. The patient's marital, employment or student status.
AB133-ASA1-CA1,473,2320
(d) If a health care provider that is not a hospital or ambulatory surgery center
21submits a data element that is specified in par. (c) 1. to 10., the department shall
22immediately return this information to the health care provider or, if discovered
23later, shall remove and destroy the information.
AB133-ASA1-CA1,473,2524
(e) A health care provider may not submit information that uses any of the
25following as a patient account number:
AB133-ASA1-CA1,474,2
11. The patient's social security number or any substantial portion of the
2patient's social security number.
AB133-ASA1-CA1,474,33
2. A number that is related to another patient identifying number.
AB133-ASA1-CA1,474,7
5153.55 Protection of health care provider confidentiality. Health care
6provider-identifiable data Data obtained under this chapter is not subject to
7inspection, copying or receipt under s. 19.35 (1).".
AB133-ASA1-CA1,474,15
10153.67 Independent review board. The independent review board shall
11review any request under s. 153.45 (1) (c) for data elements other than those
12available for public use data files under s. 153.45 (1) (b). Unless the independent
13review board approves such a request or unless independent review board approval
14is not required under rules of the department promulgated under s. 153.45 (1) (c)
15(intro.), the data elements requested may not be released.
AB133-ASA1-CA1,474,20
17153.76 Rule-making by the independent review board. 18Notwithstanding s. 15.01 (1r), the independent review board may promulgate only
19those rules that are first reviewed and approved by the board on health care
20information.
AB133-ASA1-CA1,475,2
22153.85 Civil liability. Any Except as provided in s. 153.86, any person
23violating s. 153.50 or rules promulgated under s. 153.75 (1) (a) is liable to the patient
1for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent
2violation and up to $5,000 for an intentional violation.
AB133-ASA1-CA1,475,6
4153.86 Immunity from liability. (1) A health care provider that submits
5information to the department under this chapter is immune from civil liability for
6all of the following:
AB133-ASA1-CA1,475,97
(a) Any act or omission of an employe, official or agent of the health care
8provider that results in the release of a prohibited data element while submitting
9data to the department.
AB133-ASA1-CA1,475,1010
(b) Any act or omission of the department that results in the release of data.
AB133-ASA1-CA1,475,12
11(2) The immunity provided under this section does not apply to intentional,
12wilful or reckless acts or omissions by health care providers.
AB133-ASA1-CA1,475,1614
153.90
(1) Whoever intentionally violates s. 153.45 (5) or 153.50 or rules
15promulgated under s. 153.75 (1) (a) may be fined not more than
$10,000 $15,000 or
16imprisoned for not more than
9 months one year in the county jail or both.".
AB133-ASA1-CA1,475,2419
155.01
(6) "Health care facility" means a facility, as defined in s. 647.01 (4), or
20any hospital, nursing home, community-based residential facility, county home,
21county infirmary, county hospital, county mental health center
, tuberculosis
22sanatorium or other place licensed or approved by the department under s. 49.70,
2349.71, 49.72, 50.02, 50.03, 50.35, 51.08
, or 51.09
, 58.06, 252.073 or 252.076 or a
24facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.".
AB133-ASA1-CA1,476,84
157.065
(3) (b) Any private military academy that provides an educational
5program for grades 7 to 12 in a 4th class city may establish a private cemetery within
6the city on land that the military academy owns, if the common council consents. No
7mausoleum within a cemetery established under this paragraph may exceed 3,500
8square feet in area.".
AB133-ASA1-CA1,476,11
10"
Section 2288g. 165.76 (1) (a) of the statutes, as affected by 1999 Wisconsin
11Act .... (this act), is amended to read:
AB133-ASA1-CA1,476,1612
165.76
(1) (a) Is in a secured correctional facility, as defined in s. 938.02 (15m),
13or a secured child caring institution, as defined in s. 938.02 (15g)
, or a secured group
14home, as defined in s. 938.02 (15p), or on probation, extended supervision, parole,
15supervision or aftercare supervision on or after August 12, 1993, for any violation of
16s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.".
AB133-ASA1-CA1,476,20
19165.842 Motor vehicle stops; collection of information; annual report. 20(1) Definitions. In this section:
AB133-ASA1-CA1,476,2121
(a) "Department" means the department of justice.
AB133-ASA1-CA1,476,2222
(b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).
AB133-ASA1-CA1,477,323
(c) "Law enforcement officer" means a person who is employed by a law
24enforcement agency for the purpose of detecting and preventing crime and enforcing
1laws or ordinances and who is authorized to make arrests for violations of the laws
2or ordinances the person is employed to enforce, whether that enforcement authority
3extends to all laws or ordinances or is limited to specific laws or ordinances.
AB133-ASA1-CA1,477,84
(d) "Motor vehicle stop" means the stop of a motor vehicle that is traveling in
5any public or private place, or the detention of an occupied motor vehicle that is
6already stopped in any public or private place, for the purpose of investigating any
7alleged or suspected violation of a state or federal law or city, village, town or county
8ordinance.
AB133-ASA1-CA1,477,12
9(2) Information collection required. All persons in charge of law
10enforcement agencies shall obtain, or cause to be obtained, all of the following
11information with respect to each motor vehicle stop made on or after January 1, 2001,
12by a law enforcement officer employed by the law enforcement agency:
AB133-ASA1-CA1,477,1313
(a) The reason the law enforcement officer stopped the motor vehicle.
AB133-ASA1-CA1,477,1414
(b) The age, gender and race or ethnicity of the driver of the motor vehicle.
AB133-ASA1-CA1,477,1515
(c) The number of persons in the motor vehicle.
AB133-ASA1-CA1,477,1816
(d) Whether a search was conducted of the motor vehicle, the driver of the motor
17vehicle or any passenger in the motor vehicle, and for each search conducted all of
18the following information:
AB133-ASA1-CA1,477,2119
1. Whether the search was based on probable cause or reasonable suspicion,
20on the consent of the person searched or, for a motor vehicle search, on the consent
21of the driver or other authorized person.
AB133-ASA1-CA1,477,2322
2. If the search was of a passenger in the motor vehicle, the age, gender and race
23or ethnicity of the passenger.
AB133-ASA1-CA1,477,2424
3. What, if anything, was seized as a result of the search.
AB133-ASA1-CA1,478,2
1(e) Whether a person was asked to give consent to a search of the motor vehicle
2or of his or her person but refused to give consent.
AB133-ASA1-CA1,478,63
(f) Whether the motor vehicle stop or a search conducted during the stop
4resulted in the driver or any passenger being given a written warning of or a citation
5for a violation of any law or ordinance and, if so, a listing of each warning or citation
6given and the alleged violation for which the warning or citation was given.
AB133-ASA1-CA1,478,97
(g) Whether the motor vehicle stop or a search conducted during the stop
8resulted in the arrest of the driver or any passenger and, if so, a listing of each arrest
9made and the reason for the arrest.
AB133-ASA1-CA1,478,1110
(h) Any other information required to be collected under the rules promulgated
11by the department under sub. (5).
AB133-ASA1-CA1,478,15
12(3) Submission of information collected. The information obtained by a law
13enforcement agency under sub. (2) shall be forwarded to the department using the
14form prescribed by the rules promulgated under sub. (5) and in accordance with the
15reporting schedule established under the rules promulgated under sub. (5).
AB133-ASA1-CA1,478,21
16(4) Analysis and report by department. (a) The department shall compile the
17information submitted to it by law enforcement agencies under sub. (3) and shall
18analyze the information, along with any other relevant information, to determine
19whether law enforcement officers target racial minorities when making motor
20vehicle stops to investigate alleged or suspected violations of federal, state or local
21laws or ordinances.
AB133-ASA1-CA1,479,322
(b) For each calendar year, the department shall prepare an annual report that
23summarizes the information submitted to it by law enforcement agencies concerning
24motor vehicle stops made during the calendar year and that describes the methods
25and conclusions of its analysis of the information. On or before March 31, 2002, and
1on or before each March 31 thereafter, the department shall submit the annual
2report required under this paragraph to the legislature under s. 13.172 (2), to the
3governor and to the director of state courts.
AB133-ASA1-CA1,479,8
4(5) Rules. (a) The department shall promulgate rules to implement the
5requirements of this section, including rules prescribing a form for use in obtaining
6information under sub. (2) and establishing a schedule for forwarding the
7information obtained to the department. The department shall make the form
8prescribed by its rules available to law enforcement agencies.
AB133-ASA1-CA1,479,139
(b) The department may by rule require the collection of information in
10addition to that specified in sub. (2) (a) to (g) if the department determines that the
11information will help to determine whether law enforcement officers target racial
12minorities when making motor vehicle stops to investigate alleged or suspected
13violations of federal, state or local laws or ordinances.".
AB133-ASA1-CA1,480,216
165.76
(2) (b) 2. If the person has been sentenced to prison or placed in a secured
17correctional facility
or, a secured child caring institution
or a secured group home,
18he or she shall provide the specimen under par. (a) at the office of a county sheriff as
19soon as practicable after release on parole, extended supervision or aftercare
20supervision, as directed by his or her probation, extended supervision and parole
21agent or aftercare agent, except that the department of corrections
or the county
22department under s. 46.215, 46.22 or 46.23 operating the secured group home in
23which the person is placed may require the person to provide the specimen while he
1or she is in prison or in
a the secured correctional facility
or a, secured child caring
2institution
or secured group home.".