AB621: Bill Text

AB621,20,24 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 610.65, 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14), 632.896, and 767.25 (4m) (d).

AB621, s. 30 Section 30. 146.81 (1) (fm) of the statutes is amended to read:

AB621,21,1 146.81 (1) (fm) A pharmacist or pharmacy licensed under ch. 450.

AB621, s. 31 Section 31. 146.81 (4) of the statutes is amended to read:

AB621,21,10 146.81 (4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of or owned by a health care provider, including the records required under s. 146.82 (2) (d) and (3) (c), but not those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (2) (a) 7., 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125. ``Patient health care records" also includes health summary forms prepared under s. 302.388 (2).

AB621, s. 32 Section 32. 146.82 (2) (bm) of the statutes is created to read:

AB621,21,14 146.82 (2) (bm) No recipient of a patient health care record under par. (a) may use identifying information in the record to market a service or product to a patient or health care provider.

AB621, s. 33 Section 33. 146.84 (1) (d) of the statutes is created to read:

AB621,21,20 146.84 (1) (d) Any person who obtains a patient health care record from a pharmacy or pharmacist under circumstances that constitute a violation of s. 146.82 or 146.83 in a manner that is knowing and willful shall be liable to any person injured as a result of the violation for actual damages to that person, exemplary damages of not more than $25,000, costs, and reasonable actual attorney fees.

AB621, s. 34 Section 34. 146.84 (5) of the statutes is created to read:

AB621,21,24 146.84 (5) Enforcement. The department of justice or a district attorney may bring an action in the name of the state to enforce sub. (2) or to restrain by temporary or permanent injunction a violation of sub. (2).

AB621, s. 35 Section 35. 175.22 of the statutes is created to read:

AB621,22,5 175.22 Policy on privacy for professional athletic teams. Any professional athletic team that has its home field or arena in this state shall adopt a written policy on who may enter and remain, to interview or seek information from any person, in a locker room used by the professional athletic team. The policy shall reflect the privacy interests of members of the professional athletic team.

AB621, s. 36 Section 36. 185.981 (4t) of the statutes is amended to read:

AB621,22,10 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 610.65, 631.17, 631.89, 631.95, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), and (5), 632.895 (10) to (14), and 632.897 (10) and chs. 149 and 155.

AB621, s. 37 Section 37. 185.983 (1) (intro.) of the statutes is amended to read:

AB621,22,18 185.983 (1) (intro.) Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 610.65, 611.67, 619.04, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), and (5), 632.895 (5) and (9) to (14), 632.896, and 632.897 (10) and chs. 609, 630, 635, 645, and 646, but the sponsoring association shall:

AB621, s. 38 Section 38. 230.08 (4) (b) 5. of the statutes is created to read:

AB621,22,22 230.08 (4) (b) 5. Functions performed by the privacy information officer under s. 22.21 (1) and functions performed by the security information officer under s. 22.21 (2).

AB621, s. 39 Section 39. 301.029 (2) (a) of the statutes is amended to read:

AB621,23,3 301.029 (2) (a) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry or telemarketing services and have access to an individual's financial transaction card numbers, checking or savings account numbers , date of birth, or social security number.

AB621, s. 40 Section 40. 609.837 of the statutes is created to read:

AB621,23,7 609.837 Prohibiting social security numbers on identification cards. Defined network plans, preferred provider plans, and limited service health organizations are subject to s. 610.65.

AB621, s. 41 Section 41. 610.65 of the statutes is created to read:

AB621,23,14 610.65 Prohibiting social security numbers on identification cards. (1) In this section, "insurer" means an insurer, as defined in s. 600.03 (27); the state or a city, village, town, or school district with respect to any self-insured plan; the health insurance risk-sharing plan under ch. 149; the private employer health care coverage program under subch. X of ch. 40; or a risk-sharing plan created under ch. 619.

AB621,23,18 (2) An identification card, or other similar identification device, that is issued to an insured or enrollee by an insurer may not show the insured's or enrollee's social security number as an identification number, as part of an identification number, or in any other manner.

AB621, s. 42 Section 42. 938.396 (1) of the statutes is amended to read:

AB621,24,12 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1h), (1j), (1k), (1m), (1r), (1t), (1x) or (5) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to the confidential exchange of information between the police and officials of the school attended by the juvenile or other law enforcement or social welfare agencies, or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

AB621, s. 43 Section 43. 938.396 (1h) of the statutes is created to read:

AB621,24,21 938.396 (1h) If requested by another law enforcement agency, a law enforcement agency may, subject to official agency policy, disclose to the other law enforcement agency any information in its records relating to a juvenile as necessary for the other law enforcement agency to pursue an investigation of any alleged criminal or delinquent activity. A law enforcement agency that obtains information under this subdivision shall keep the information confidential as required under sub. (1) and s. 48.396 (1) and may disclose the information only for the purpose of pursuing that investigation or as permitted under sub. (1) or s. 48.396 (1).

AB621, s. 44 Section 44. 938.396 (1j) of the statutes is created to read:

AB621,25,11 938.396 (1j) If requested by a court assigned to exercise jurisdiction under this chapter and ch. 48, a court exercising jurisdiction under s. 48.16, a court exercising jurisdiction under s. 938.17 (2), or a person representing the interests of the public under s. 48.09 or 938.09, a law enforcement agency may, subject to official agency policy, disclose to the requester any information in its records relating to a juvenile as necessary for the court to conduct, or for the person representing the interests of the public to prepare for, any proceedings in the court. A court that obtains information under this subdivision shall keep the information confidential as required under sub. (2) (a) and s. 48.396 (2) (a) and may disclose the information only for the purpose of conducting those proceedings or as permitted under sub. (2) (a) or s. 48.396 (2) (a). A person representing the interests of the public who obtains any information under this subdivision shall keep the information confidential and may disclose the information only as necessary for the person to perform the person's official duties relating to those proceedings.

AB621, s. 45 Section 45. 938.396 (1k) of the statutes is created to read:

AB621,25,19 938.396 (1k) If requested by any person designated to provide intake services under s. 48.067 or 938.067, a law enforcement agency may, subject to official agency policy, disclose to the person any information in its records relating to a juvenile as necessary for the person to provide those services. A person designated to provide intake services who obtains any information under this subdivision shall keep the information confidential and may disclose the information only as necessary for the person to provide those services.

AB621, s. 46 Section 46. 938.396 (2) (c) of the statutes is amended to read:

AB621,26,8 938.396 (2) (c) Upon request of a law enforcement agency to review court records for the purpose of investigating a crime that might constitute criminal gang activity, as defined in s. 941.38 (1) (b) pursuing an investigation of any alleged delinquent or criminal activity, the court shall open for inspection by authorized representatives of the law enforcement agency the records of the court relating to any juvenile who has been found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed by an adult the subject of a proceeding under this chapter as necessary for the law enforcement agency to pursue the investigation. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under sub. (1) and s. 48.396 (1) and may disclose the information only for the purpose of pursuing that investigation or as permitted under sub. (1) or s. 48.396 (1).

AB621, s. 47 Section 47. 938.396 (2) (gm) of the statutes is amended to read:

AB621,26,24 938.396 (2) (gm) Upon request of any other court assigned to exercise jurisdiction under this chapter and ch. 48, a district attorney or corporation counsel any court exercising jurisdiction under s. 48.16, any court exercising jurisdiction under s. 938.17 (2), or any person representing the interests of the public under s. 48.09 or 938.09 to review court records for the purpose of conducting or preparing for any proceeding in that other court, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter. A court that obtains information under this paragraph shall keep the information confidential as required under par. (a) and s. 48.396 (2) (a) and may disclose the information only for the purpose of conducting those proceedings or as permitted under par. (a) or s. 48.396 (2) (a). A person representing the interests of the public who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to perform the person's official duties relating to that proceeding.

AB621, s. 48 Section 48. 938.396 (2) (gr) of the statutes is created to read:

AB621,27,7 938.396 (2) (gr) Upon request of any person designated to provide intake services under s. 48.067 or 938.067 to review court records for the purpose of performing those services, the court shall open for inspection by the person the records of the court relating to a juvenile who has been the subject of a proceeding under this chapter. A person designated to provide intake services who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to provide those services.

AB621, s. 49 Section 49. 938.396 (5) (a) (intro.) of the statutes is amended to read:

AB621,27,13 938.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b), (1d), (1g), (1h), (1j), (1k), (1m), (1r) , or (1t) may petition the court to order the disclosure of the records governed by the applicable subsection record. The petition shall be in writing and shall describe as specifically as possible all of the following:

AB621, s. 50 Section 50. 979.028 of the statutes is created to read:

AB621,27,22 979.028 Confidentiality of autopsy records. Autopsy records, including photographs or other pictorial images of a deceased person that are taken during an autopsy, are confidential and are not subject to the right of inspection or copying under s. 19.35 (1). Except as required to complete a medical certification of death under s. 69.18 (2), the custodian of an autopsy record or a person involved in conducting an autopsy may not release to the public any information learned as a result of an autopsy concerning the deceased or the cause of his or her death without permission from the deceased's next of kin.

AB621, s. 51 Section 51. Initial applicability.

AB621,28,2 (1) Privacy impact statements. The creation of section 13.0991 of the statutes by this act first applies with respect to bills introduced in the 2001-03 legislative session and jacketed by the legislative reference bureau after the effective date of this subsection.

AB621, s. 52 Section 52. Effective dates. This act takes effect on the day after publication, except as follows:

AB621,28,6 (1) The treatment of sections 36.11 (35) and 36.32 (1) of the statutes takes effect on January 1, 2007.

AB621,28,9 (2) The treatment of sections 40.51 (8) and (8m), 66.0137 (4), 111.91 (2) (kc), 120.13 (2) (g), 185.981 (4t), 185.983 (1) (intro.), 609.837, and 610.65 of the statutes takes effect on January 1, 2005.

AB621,28,12 (3) Privacy in athletic locker rooms. The treatment of sections 36.38, 38.12 (12), 39.49, 118.39, and 175.22 of the statutes takes effect on the first day of the 6th month beginning after publication.

AB621,28,13 (End)