Amendment SSA1-SB44

SB44-SSA1, s. 2093bh Section 2093bh. 153.05 (8) (b) of the statutes is created to read:

SB44-SSA1,824,18 153.05 (8) (b) Unless sub. (13) (b) applies, the entity under contract under sub. (2m) (a) shall collect, analyze, and disseminate, in language that is understandable to laypersons, claims information and other health care information, as adjusted for case mix and severity, under the provisions of this chapter, from hospitals and ambulatory surgery centers. Data from hospitals and ambulatory surgery centers may be obtained through sampling techniques in lieu of collection of data on all patient encounters, and data collection procedures shall minimize unnecessary duplication and administrative burdens.

SB44-SSA1, s. 2093c Section 2093c. 153.05 (9) of the statutes is renumbered 153.05 (9) (a) and amended to read:

SB44-SSA1,824,24 153.05 (9) (a) The department shall provide orientation and training to health care providers, other than hospitals and ambulatory surgery centers, who submit data under this chapter, to explain the process of data collection and analysis and the procedures for data verification, comment, interpretation, and release.

SB44-SSA1, s. 2093d Section 2093d. 153.05 (9) (b) of the statutes is created to read:

SB44-SSA1,825,4 153.05 (9) (b) The entity under contract under sub. (2m) (a) shall provide orientation and training to hospitals and ambulatory surgery centers that submit data under this chapter, to explain the process of data collection and analysis and the procedures for data verification, comment, interpretation, and release.

SB44-SSA1, s. 2093e Section 2093e. 153.05 (12) of the statutes is renumbered 153.05 (12) (a).

SB44-SSA1, s. 2093f Section 2093f. 153.05 (12) (b) of the statutes is created to read:

SB44-SSA1,825,9 153.05 (12) (b) The entity under contract under sub. (2m) (a) shall, to the extent possible and upon request, assist members of the public in interpreting data in health care information disseminated by the entity.

SB44-SSA1, s. 2094c Section 2094c. 153.05 (13) of the statutes is renumbered 153.05 (13) (a) and amended to read:

SB44-SSA1,825,18 153.05 (13) (a) The department may waive the requirement under sub. (1) (a), (5) (a), or (8) (a) for a health care provider, other than a hospital or ambulatory surgery center, who requests the waiver and presents evidence to the department that the requirement under sub. (1) (a), (5) (a), or (8) (a) is burdensome, under standards established by the department by rule. The department shall develop a form for use by a the health care provider in submitting a request under this subsection paragraph.

SB44-SSA1, s. 2094d Section 2094d. 153.05 (13) (b) of the statutes is created to read:

SB44-SSA1,825,25 153.05 (13) (b) The entity under contract under sub. (2m) (a) may waive the requirement under sub. (1) (b), (5) (b), or (8) (b) for a hospital or ambulatory surgery center that requests the waiver and presents evidence to the entity that the requirement under sub. (1) (b), (5) (b), or (8) (b) is burdensome. The entity shall develop a form for use by the hospital or ambulatory surgery center in submitting a request under this paragraph.

SB44-SSA1, s. 2094e Section 2094e. 153.07 (1) of the statutes is amended to read:

SB44-SSA1,826,4 153.07 (1) The board shall advise the department with regard to the collection, analysis and dissemination of health care information required of the department by this chapter.

SB44-SSA1, s. 2094f Section 2094f. 153.07 (4) (b) of the statutes is amended to read:

SB44-SSA1,826,8 153.07 (4) (b) Provide oversight on the standard reports required of the department under this chapter, including the reports report under ss. 153.20 and s. 153.21 (1).

SB44-SSA1, s. 2094g Section 2094g. 153.07 (4) (c) of the statutes is amended to read:

SB44-SSA1,826,11 153.07 (4) (c) Develop the overall strategy and direction for implementation of the department's duties and powers under this chapter.

SB44-SSA1, s. 2094h Section 2094h. 153.08 (5) of the statutes is created to read:

SB44-SSA1,826,14 153.08 (5) The entity under contract under s. 153.05 (2m) (a) shall annually publish a hospital rate increase report that contains all of the following information:

SB44-SSA1,826,15 (a) For each hospital that publishes a notice under sub. (4), all of the following:

SB44-SSA1,826,17 1. The name of the hospital and the city, village, or town in which the hospital is located.

SB44-SSA1,826,18 2. The date the rate increase is to take effect.

SB44-SSA1,826,19 3. The annualized percentage rate increase that will result.

SB44-SSA1,826,20 4. The geographic area of analysis in which the hospital is located.

SB44-SSA1,826,21 (b) A list of hospitals that have closed since 1993.

SB44-SSA1, s. 2094i Section 2094i. 153.10 of the statutes is renumbered 153.10 (1) and amended to read:

SB44-SSA1,827,3 153.10 (1) The department shall prepare, and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), standard reports concerning health care providers other than hospitals and ambulatory surgery centers that the department prepares and shall collect information necessary for preparation of those reports.

SB44-SSA1, s. 2094j Section 2094j. 153.10 (2) of the statutes is created to read:

SB44-SSA1,827,9 153.10 (2) The entity under contract under s. 153.05 (2m) (a) shall prepare, and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), standard reports concerning hospitals and ambulatory surgery centers that the entity prepares and shall collect information necessary for preparation of those reports.

SB44-SSA1, s. 2094k Section 2094k. 153.20 of the statutes is amended to read:

SB44-SSA1,827,18 153.20 Uncompensated health care services report. (1) The department entity under contract under s. 153.05 (2m) (a) shall prepare, and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), an annual report setting forth the number of patients to whom uncompensated health care services were provided by each hospital and the total charges for the uncompensated health care services provided to the patients for the preceding year, together with the number of patients and the total charges that were projected by the hospital for that year in the plan filed under sub. (2).

SB44-SSA1,827,23 (2) Every hospital shall file with the department entity under contract under s. 153.05 (2m) (a) an annual plan setting forth the projected number of patients to whom uncompensated health care services will be provided by the hospital and the projected total charges for the uncompensated health care services to be provided to the patients for the ensuing year.

SB44-SSA1, s. 2094L Section 2094L. 153.21 of the statutes is renumbered 153.21 (1) and amended to read:

SB44-SSA1,828,6 153.21 (1) The department shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) an annual guide to assist consumers in selecting health care providers other than hospitals and ambulatory surgery centers and health care plans. The guide shall be written in language that is understandable to lay persons laypersons. The department shall widely publicize and distribute the guide to consumers.

SB44-SSA1, s. 2094m Section 2094m. 153.21 (2) of the statutes is created to read:

SB44-SSA1,828,15 153.21 (2) The entity under contract under s. 153.05 (2m) (a) shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) an annual guide to assist consumers in selecting hospitals and ambulatory surgery centers. The guide shall be written in language that is understandable to laypersons and shall include data derived from the annual survey of hospitals conducted by the American Hospital Association and the annual hospital fiscal survey. The entity shall widely publicize and distribute the guide to consumers.

SB44-SSA1, s. 2094n Section 2094n. 153.22 of the statutes is created to read:

SB44-SSA1,828,22 153.22 Patient-level data utilization, charge, and quality report. (1) The entity under contract under s. 153.05 (2m) (a) shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), an annual report that summarizes utilization, charge, and quality data on patients treated by hospitals and ambulatory surgery centers during the most recent calendar year.

SB44-SSA1, s. 2094q Section 2094q. 153.45 (title) of the statutes is amended to read:

SB44-SSA1,828,24 153.45 (title) Release of data by department.

SB44-SSA1, s. 2094r Section 2094r. 153.45 (1) (b) 1. of the statutes is renumbered 153.46 (1) (b) and amended to read:

SB44-SSA1,829,8 153.46 (1) (b) For information that is submitted by 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 and the use of calculated variables and aggregated variables.

SB44-SSA1, s. 2094s Section 2094s. 153.45 (1) (b) 2. of the statutes is renumbered 153.45 (1) (b), and 153.45 (1) (b) (intro.), as renumbered, is amended to read:

SB44-SSA1,829,22 153.45 (1) (b) (intro.) 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 paragraph may include only the following:

SB44-SSA1, s. 2094t Section 2094t. 153.45 (1) (c) (intro.) of the statutes is amended to read:

SB44-SSA1,830,10 153.45 (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 independent 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 independent review board first reviews and approves the release or if the department promulgates rules that specify circumstances under which the independent 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:

SB44-SSA1, s. 2094u Section 2094u. 153.45 (2) of the statutes is amended to read:

SB44-SSA1,830,15 153.45 (2) The department shall provide to other entities agencies or to organizations the data necessary to fulfill their statutory mandates for epidemiological purposes or to minimize the duplicate collection of similar data elements.

SB44-SSA1, s. 2094v Section 2094v. 153.45 (3) of the statutes is amended to read:

SB44-SSA1,830,21 153.45 (3) The department may, but is not required to, release health care provider-specific and employer-specific data that relates to health care providers other than hospitals and ambulatory surgery centers, except in public use data files as specified under sub. (1) (b), in a manner that is specified in rules promulgated by the department.

SB44-SSA1, s. 2094w Section 2094w. 153.45 (5) of the statutes is amended to read:

SB44-SSA1,831,3 153.45 (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, comment 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 a health care provider that is not a hospital or ambulatory surgery center, to whom the information relates is specific.

SB44-SSA1, s. 2094x Section 2094x. 153.46 of the statutes is created to read:

SB44-SSA1,831,7 153.46 Release of data by entity. (1) After completion of data verification, comment, and review procedures, the entity under contract under s. 153.05 (2m) (a) shall release data, together with comments, if any, in the following forms:

SB44-SSA1,831,8 (a) Standard reports.

SB44-SSA1,831,11 (c) Custom-designed reports containing portions of the data under par. (b). Reports under this paragraph may include the patient's zip code only if at least one of the following applies:

SB44-SSA1,831,12 1. Other potentially identifying data elements are not released.

SB44-SSA1,831,13 2. Population density is sufficient to mask patient identity.

SB44-SSA1,831,15 3. Other potentially identifying data elements are grouped to provide population density sufficient to protect identity.

SB44-SSA1,831,16 4. Multiple years of data elements are added to protect identity.

SB44-SSA1,831,19 (1m) After completion of data verification and review procedures specified under s. 153.01 (4j), the entity may, but is not required to, release special data compilations.

SB44-SSA1,831,23 (2) The entity under contract under s. 153.05 (2m) (a) shall provide to the department and to any other organization or agency the data necessary to fulfill the department's, organization's, or agency's statutory mandates for epidemiological purposes.

SB44-SSA1,832,2 (3) The entity under contract under s. 153.05 (2m) (a) may, but is not required to, release hospital-specific, ambulatory surgery center-specific, and hospital or ambulatory surgery center employer-specific data, except in public use data files as specified under sub. (1) (b).

SB44-SSA1,832,5 (4) The entity under contract under s. 153.05 (2m) (a) shall, as limited by this section and s. 153.50, provide equal access to the data collected and reports generated by the entity to all requesters that pay the fees under s. 153.65 (2).

SB44-SSA1,832,8 (5) The entity under contract under s. 153.05 (2m) (a) shall provide to the department, without charge, claims and provider survey information that is requested by or required to be provided to the department.

SB44-SSA1,832,11 (6) No person who purchases a data compilation or report under s. 153.65 (2) may release or sell the data sets so purchased, except that the department may release data and information as part of reports created by the department.

SB44-SSA1, s. 2094y Section 2094y. 153.50 (3) (intro.) of the statutes is amended to read:

SB44-SSA1,832,17 153.50 (3) Departmental measures Measures to ensure protection of patient identity. (intro.) To ensure that the identity of patients is protected when information obtained by the department or by the entity under contract under s. 153.05 (2m) (a) is disseminated, the department and the entity shall do all of the following:

SB44-SSA1, s. 2095c Section 2095c. 153.50 (3) (a) of the statutes is amended to read:

SB44-SSA1,832,22 153.50 (3) (a) Aggregate any data element category containing small numbers, using. The department, in so doing, shall use procedures that are developed by the department and approved by the board and that follow commonly accepted statistical methodology.

SB44-SSA1, s. 2095d Section 2095d. 153.50 (3) (b) (intro.) of the statutes is amended to read:

SB44-SSA1,833,3 153.50 (3) (b) (intro.) Remove and destroy all of the following data elements on the uniform patient billing forms that are received by the department or by the entity under the requirements of this chapter:

SB44-SSA1, s. 2095e Section 2095e. 153.50 (3) (b) 7. of the statutes is amended to read:

SB44-SSA1,833,6 153.50 (3) (b) 7. The patient's account number, after use only as verification of data by the department or by the entity.

SB44-SSA1, s. 2095f Section 2095f. 153.50 (3) (d) of the statutes is amended to read:

SB44-SSA1,833,10 153.50 (3) (d) Require that a purchaser of data under this chapter sign and have notarized the data use agreement of the department or of the entity specified in par. (c).

SB44-SSA1, s. 2095g Section 2095g. 153.50 (4) (a) 1. of the statutes is renumbered 153.50 (4) (a) 1. a.

SB44-SSA1, s. 2095h Section 2095h. 153.50 (4) (a) 1. b. of the statutes is created to read:

SB44-SSA1,833,16 153.50 (4) (a) 1. b. An agent of the entity under contract under s. 153.05 (2m) (a) who is responsible for the patient-identifiable data of the entity, in order to store the data and ensure the accuracy of the information in the database of the entity.

SB44-SSA1, s. 2095i Section 2095i. 153.50 (4) (a) 2. of the statutes is amended to read:

SB44-SSA1,833,23 153.50 (4) (a) 2. A health care provider that is not a hospital or ambulatory surgery center or the agent of such a health care provider, to ensure the accuracy of the information in the database of the department, or a health care provider that is a hospital or ambulatory surgery center or the agent of such a health care provider, to ensure the accuracy of the information in the database of the entity under contract under s. 153.05 (2m) (a).

SB44-SSA1, s. 2095j Section 2095j. 153.50 (4) (a) 3. of the statutes is amended to read:

SB44-SSA1,834,3 153.50 (4) (a) 3. The department, for purposes of epidemiological investigation or, with respect to information from health care providers that are not hospitals or ambulatory surgery centers, to eliminate the need for duplicative databases.

SB44-SSA1, s. 2095k Section 2095k. 153.50 (4) (a) 4. of the statutes is amended to read:

SB44-SSA1,834,7 153.50 (4) (a) 4. An entity agency or organization that is required by federal or state statute to obtain patient-identifiable data for purposes of epidemiological investigation or to eliminate the need for duplicative databases.

SB44-SSA1, s. 2095L Section 2095L. 153.50 (5) (a) (intro.) of the statutes is amended to read:

SB44-SSA1,834,13 153.50 (5) (a) (intro.) The department or an entity that is under contract under s. 153.05 (2m) (a) may not release or provide access to patient-identifiable data to a person authorized under sub. (4) (a) unless the authorized person requests the department or entity, in writing, to release the patient-identifiable data. The request shall include all of the following: