2009 Wisconsin Act 28

(b) The moneys referenced in par. (a) may be used as the state share of Medical Assistance for case management services provided under s. 49.45 (25).

28,2550f Section 2550f. 253.16 (3) (f) of the statutes is created to read:

253.16 (3) (f) Maximize and leverage additional resources, including the maximum allowable Medical Assistance reimbursement for services provided under the program under sub. (2).

28,2550h Section 2550h. 253.16 (5) of the statutes is created to read:

253.16 (5) The department shall do all of the following:

(a) Work with the city and the city health department by providing oversight and approval of the program under sub. (2).

(b) Explore ways to maximize the use of federally qualified health centers for the program under sub. (2).

28,2551 Section 2551. 254.151 (intro.) of the statutes is amended to read:

254.151 Lead poisoning or lead exposure prevention grants. (intro.) From the appropriation account under s. 20.435 (5) (1) (ef), the department shall award the following grants under criteria that the department shall establish in rules promulgated under this section:

28,2552 Section 2552. 254.34 (1) (h) 5. of the statutes is amended to read:

254.34 (1) (h) 5. Develop standards of performance for the regional radon centers and, from the appropriation account under s. 20.435 (5) (1) (ed), allocate distribute funds based on compliance with the standards to provide radon protection information dissemination from the regional radon centers.

28,2552g Section 2552g. 254.47 (7) of the statutes is created to read:

254.47 (7) The department may not require that a swimming pool be staffed by a lifeguard as a condition of receiving a permit under this section if the swimming pool is less than 2,500 square feet, the swimming pool is located in a private club in the city of Milwaukee, and the club has a policy that prohibits a minor from using the swimming pool when not accompanied by an adult.

28,2553 Section 2553. 255.01 (2m) of the statutes is created to read:

255.01 (2m) "Research" means a systematic investigation through scientific inquiry, including development, testing, and evaluation, that is designed to develop or contribute to generalizable knowledge.

28,2554 Section 2554. 255.01 (2n) of the statutes is created to read:

255.01 (2n) "Researcher" means a person who performs research.

28,2555 Section 2555. 255.04 (3) (c) of the statutes is created to read:

255.04 (3) (c) A researcher who proposes to conduct research, if all of the following conditions are met:

1. The researcher applies in writing to the department for approval of access to individually identifiable information under sub. (1) or (5) that is necessary for performance of the proposed research, and the department approves the application. An application under this subdivision shall include all of the following:

a. A written protocol to perform research.

b. The researcher's professional qualifications to perform the proposed research.

c. Documentation of approval of the research protocol by an institutional review board of a domestic institution that has a federalwide assurance approved by the office for human research protections of the federal department of health and human services.

d. Any other information requested by the department.

2. The proposed research is for the purpose of studying cancer, cancer prevention, or cancer control.

28,2556 Section 2556. 255.04 (6) of the statutes is created to read:

255.04 (6) The department may charge a reasonable fee for disclosing information to a researcher under sub. (3) (c).

28,2557 Section 2557. 255.04 (7) of the statutes is created to read:

255.04 (7) Information obtained by the department under sub. (1) or (5) or obtained by a person under sub. (3) (c) is not subject to inspection, copying, or receipt under s. 19.35 (1).

28,2558 Section 2558. 255.04 (8) of the statutes is created to read:

255.04 (8) No person to whom information is disclosed under sub. (3) (c) may do any of the following:

(a) Use the information for a purpose other than for the performance of research as specified in the application under sub. (3) (c) 1., as approved by the department.

(b) Disclose the information to a person who is not connected with performance of the research.

(c) Reveal in the final research product information that may identify an individual whose information is disclosed under sub. (3) (c).

28,2559 Section 2559. 255.04 (9) of the statutes is created to read:

255.04 (9) Whoever violates sub. (8) (a), (b), or (c) is liable to the subject of the information for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation.

28,2560 Section 2560. 255.04 (10) of the statutes is created to read:

255.04 (10) (a) Whoever intentionally violates sub. (8) (a), (b), or (c) may be fined not more than $15,000 or imprisoned for not more than one year in the county jail or both.

(b) Any person who violates sub. (8) (a), (b), or (c) may be required to forfeit not more than $100 for each violation. Each day of continued violation constitutes a separate offense, except that no day in the period between the date on which a request for a hearing is filed under s. 227.44 and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this paragraph constitutes a violation.

(c) The department may directly assess forfeitures under par. (b). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44.

28,2561 Section 2561. 255.05 (2) of the statutes is amended to read:

255.05 (2) From the appropriation account under s. 20.435 (5) (1) (cc), the department shall allocate award up to $400,000 in each fiscal year to provide as grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50%, and the grantee 50%, of the total grant funding.

28,2562 Section 2562. 255.06 (2) (intro.) of the statutes is amended to read:

255.06 (2) (intro.) From the appropriation account under s. 20.435 (5) (1) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, case management, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under s. 20.435 (5) (1) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:

28,2563 Section 2563. 255.15 (3) (b) (intro.) of the statutes is amended to read:

255.15 (3) (b) (intro.) From the appropriation account under s. 20.435 (5) (1) (fm), the department may distribute award grants for any of the following:

28,2564 Section 2564. 255.15 (3) (bm) of the statutes is amended to read:

255.15 (3) (bm) From the appropriation account under s. 20.435 (5) (1) (fm), the department shall distribute $96,000 annually for programs to discourage use of smokeless tobacco.

28,2567 Section 2567. 255.35 (3) (a) of the statutes is amended to read:

255.35 (3) (a) The department shall implement a statewide poison control system, which shall provide poison control services that are available statewide, on a 24-hour per day and 365-day per year basis and shall provide poison information and education to health care professionals and the public. From the appropriation account under s. 20.435 (5) (1) (ds), the department shall, if the requirement under par. (b) is met, distribute total funding of not more than $425,000 in each fiscal year to supplement the operation of the system and to provide for the statewide collection and reporting of poison control data. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.

28,2568 Section 2568. 256.04 (8) of the statutes is amended to read:

256.04 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (5) (1) (ch).

28,2570 Section 2570. 256.12 (2m) (a) of the statutes is amended to read:

256.12 (2m) (a) The department shall contract with a physician to direct the state emergency medical services program. The department may expend from the funding under the federal preventive health services project grant program under 42 USC 2476 under the appropriation account under s. 20.435 (1) (mc), $25,000 in each fiscal year for this purpose.

28,2571 Section 2571. 256.12 (4) (a) of the statutes is amended to read:

256.12 (4) (a) From the appropriation account under s. 20.435 (5) (1) (ch), the department shall annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel to an ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical base amount for each ambulance service provider plus a supplemental amount based on the population of the ambulance service provider's primary service or contract area, as established under s. 256.15 (5).

28,2572 Section 2572. 256.12 (5) (a) of the statutes is amended to read:

256.12 (5) (a) From the appropriation account under s. 20.435 (5) (1) (ch), the department shall annually distribute funds to ambulance service providers that are public agencies, volunteer fire departments, or nonprofit corporations to purchase the training required for licensure and renewal of licensure as an emergency medical technician - basic under s. 256.15 (6), and to pay for administration of the examination required for licensure or renewal of licensure as an emergency medical technician - basic under s. 256.15 (6) (a) 3. and (b) 1.

28,2572g Section 2572g. 256.15 (12) (a) of the statutes is amended to read:

256.15 (12) (a) All records made by an ambulance service provider, an emergency medical technician or a first responder in administering emergency care procedures to and handling and transporting sick, disabled or injured individuals shall be maintained as confidential patient health care records subject to ss. 146.81 to 146.84 and, if applicable, s. 252.15 (5) (a) (intro.), (6), (8) and (9). For the purposes of this paragraph, an ambulance service provider, an emergency medical technician or a first responder shall be considered to be a health care provider under s. 146.81 (1), if applicable. Nothing in this paragraph or ss. 146.81 to 146.84 permits disclosure to an ambulance service provider, an emergency medical technician or a first responder under s. 252.15 (5) (a), except under s. 252.15 (5) (a) 11.

28,2572h Section 2572h. 256.15 (12) (b) of the statutes is amended to read:

256.15 (12) (b) Notwithstanding par. (a) Notwithstanding s. 146.82, an ambulance service provider, who is an authority, as defined in s. 19.32 (1), may make available, to any requester, information contained on a record of an ambulance run which identifies the ambulance service provider and emergency medical technicians involved; date of the call; dispatch and response times of the ambulance; reason for the dispatch; location to which the ambulance was dispatched; destination, if any, to which the patient was transported by ambulance; and name, age and gender of the patient. No information disclosed under this paragraph may contain details of the medical history, condition or emergency treatment of any patient.

28,2572hb Section 2572hb. 256.35 (1) (cs) of the statutes is created to read:

256.35 (1) (cs) "Communications provider" means a person that provides active voice or nonvoice communications service that is capable of accessing a public safety answering point.

28,2572he Section 2572he. 256.35 (1) (ee) of the statutes is created to read:

256.35 (1) (ee) "Enhanced 911 service" means delivering 911 calls with automatic number identification and automatic location identification to an appropriate public safety answering point by selective routing based on the geographical location from which the call originated and providing either a specific street address or information defining the approximate geographic location, in accordance with orders promulgated by the federal communications commission.

28,2572hh Section 2572hh. 256.35 (1) (gm) of the statutes is amended to read:

256.35 (1) (gm) "Public safety answering point" means a facility to which a call on a basic or sophisticated system is initially routed for response, and on which a public agency directly dispatches the appropriate emergency service provider, relays a message to the appropriate emergency service provider or transfers the call to the appropriate emergency services provider. "Public safety answering point" includes a wireless public safety answering point, as defined in sub. (3m) (a) 7.

28,2572hL Section 2572hL. 256.35 (3) of the statutes is repealed.

28,2572ho Section 2572ho. 256.35 (3g) of the statutes is created to read:

256.35 (3g) Enhanced 911 grants. (a) Surcharges. 1. `In general.' Except as provided in subd. 2., each communications provider shall impose on subscriber bills a monthly surcharge of 75 cents, subject to any adjustment under subd. 3. A communications provider may list the surcharge separately from other charges on a subscriber's bill. Any partial payment of a surcharge by a subscriber shall be applied first to any amount the subscriber owes the communications provider for communications service.

2. `Prepaid wireless.' a. A communications provider that offers prepaid wireless service, or a seller that offers prepaid wireless service on behalf of a communications provider, shall impose a surcharge equal to one-half of the surcharge required under subd. 1., as adjusted under subd. 3., on subscribers with respect to each retail transaction for prepaid wireless service that occurs in this state. The communications provider or seller may state the amount of the surcharge separately on an invoice, receipt, or similar document provided to a subscriber, or may otherwise disclose the surcharge to the subscriber. The surcharge is the liability of the subscriber, and not of the communications provider or seller, except that a communications provider or seller is liable to remit all surcharges that the communications provider or seller collects from subscribers, including all such surcharges that the communications provider or seller is considered to collect where the amount of the surcharge is not separately stated on an invoice, receipt, or other similar document provided to the subscriber by the communications provider or seller.

b. The commission shall promulgate rules exempting from the surcharge required under subd. 2. a. a transaction that is not considered to be a sale at retail under subch. III of ch. 77.

c. For purposes of subd. 2. a., a retail transaction effected in person by a subscriber at a business location of the communications provider occurs in this state if the business location is in this state and any other retail transaction occurs in this state if the location of the retail transaction is in this state as determined under s. 77.522.

d. Except for the surcharge authorized under this subdivision, no local government or state agency, as defined in s. 560.9810 (1), may impose a fee with respect to prepaid wireless on any communications provider, seller, or consumer, for the purpose of funding wireless emergency telephone service.

e. The commission shall promulgate rules establishing requirements and procedures for auditing sellers to determine compliance with this subdivision, including requirements and procedures for appealing determinations of the commission. To the extent practicable, the rules shall incorporate the audit and appeal provisions under ss. 77.59 and 77.61.

3. `Adjustments.' a. Annually, the commission shall adjust the amount of the surcharge required under subd. 1. to reflect any change in the U.S. consumer price index for the midwest region as determined by the U.S. department of labor during the period beginning on August 31 of the year that is 2 years before the commission's adjustment and ending on August 31 of the year before the commission's adjustment.

b. The commission shall annually monitor the revenues, including interest, generated by the surcharges remitted under subd. 4. a. If the commission determines that the surcharges generate revenue in excess of the amount required for grants under par. (d), the commission shall reduce the amount of the surcharge required under subd. 1., but only if the reduction ensures full cost recovery for grant recipients over a reasonable period. If the commission determines that the surcharges remitted under subd. 4. a. generate revenue that is less than the amount required for grants under par. (d), the commission shall increase the surcharge required under subd. 1. by an amount that ensures full cost recovery for grant recipients over a reasonable period, except that, in a year, the commission may not increase the surcharge by an amount greater than an increase allowed for that year under subd. 3. a.

c. No later than October 1 of each year the commission shall notify communications providers and sellers who offer prepaid wireless on behalf of communications providers of any adjustment to the surcharge required under subd. 1., and the adjustment shall be effective on January 1 of the following year.

4. `Collection and remittance.' a. A communications provider or seller that offers prepaid wireless on behalf of a communication provider shall remit surcharges to the commission no later than the end of the month following the month that the provider or seller collects the surcharges from subscribers, except that a communications provider may deduct and retain from the remittance an administrative allowance equal to $50, or 1 percent of the surcharges collected from subscribers, whichever is greater. The commission may require that communications providers and sellers report the amount of uncollected surcharges on an annual basis, or less frequently as determined by the commission. The commission may require that a communications provider or seller provide the commission with the name, address, and telephone number of a subscriber who refuses to pay a surcharge. The commission shall deposit all remittances under this subd. 4. a. into the 911 fund.

b. A communications provider or seller has no obligation to take any legal action to enforce the collection of the surcharge billed to a subscriber. The commission may initiate a collection action against a subscriber for an unpaid surcharge, and recover reasonable costs and, notwithstanding s. 814.04 (1), attorney fees associated with the action.

(b) Grant applications; communications providers. A communications provider may apply to the commission for grants for reimbursement of actual, commercially reasonable costs incurred in complying with the requirements for enhanced 911 service, including the costs incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required to provide enhanced 911 service, and the recurring and nonrecurring costs of providing enhanced 911 service. An application shall include invoices for the costs for which reimbursement is claimed.

(c) Grant applications; local governments. 1. A local government that operates a wireless public safety answering point that was in operation on November 30, 2008, and that was identified in a resolution adopted under sub. (3m) (c) 3., and a local government designated under subd. 2., may apply to the commission for grants if the local government submits annual applications to the commission that identify the expenses eligible for reimbursement under subd. 3., list the invoices for reimbursement that are related to compliance with enhanced 911 service requirements, and include the costs of landline 911 trunks and charges for public safety answering points in the same county as the local government.

2. If enhanced 911 service was not available in a county on November 30, 2008, and the county designates one local government in the county, or the county itself, as the operator of the primary public safety answering point for the county, the local government or county so designated is eligible for grants under subd. 1. The commission shall promulgate rules establishing requirements and procedures for a county to make a designation under this subdivision.

3. Expenses that are eligible for reimbursement under subd. 1. are the actual costs incurred by a public safety answering point in complying with the requirements of enhanced 911 service, including costs incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required to provide enhanced 911 service; the recurring and nonrecurring costs of providing enhanced 911 service; and the costs associated with training public safety answering point personnel.

(d) Payment of grants. From the appropriation account under s. 20.155 (3) (r), the commission shall award grants to communications providers and local governments who submit applications under pars. (b) and (c) for reimbursement of costs that the commission determines are eligible for reimbursement. If the total amount of invoices for cost reimbursement that are submitted to the commission and approved for payment in a month exceeds the amount available from the 911 fund for reimbursement, the commission shall proportionately reduce the amount payable to each communications provider and local government so that the amount paid in grants does not exceed the amount available from the 911 fund, and the commission shall defer awarding grants for the balance due to each communications provider and local government until sufficient moneys are available from the 911 fund.

(e) Information requests; audits. A local government that receives grants for a public safety answering point shall comply with all requests by the commission for financial information related to the operation of the public safety answering point and, upon request, provide a copy of any audits conducted of the public safety answering point to the commission.

(f) Telephone relay service for hearing impaired. A local government that receives a grant under par. (d) shall ensure the each public safety answering point operated by or on behalf of the local government complies with requirements of the federal communications commission that all 911 answering positions are equipped with the necessary equipment for accepting 911 calls from the hearing impaired directly or through the use of a relaying service.

(g) Audits. The commission may require a communications provider or local government that receives a grant under par. (d) to conduct an audit to ensure that the grant application and use of the moneys received is consistent with the requirements of this subsection and may require a local government that receives a grant under par. (d) to provide a copy of its annual audit of the public safety answering point for which the grant is received.