AB40-ASA1,1113,2115
146.83
(1f) (am) If a patient or person authorized by the patient requests copies
16of the patient's health care records under this
subsection section for use in appealing
17a denial of social security disability insurance, under
42 USC 401 to
433, or
18supplemental security income, under
42 USC 1381 to
1385, the health care provider
19may charge the patient or person authorized by the patient no more than the amount
20that the federal social security administration reimburses the department for copies
21of patient health care records.
AB40-ASA1, s. 2657
22Section
2657. 146.83 (1f) (d) 2. of the statutes is renumbered 146.83 (1f) (cm)
23and amended to read:
AB40-ASA1,1114,824
146.83
(1f) (cm) Except as provided in sub. (1g), a health care provider may not
25charge a
patient or a person authorized by the patient more than 25 percent of the
1applicable fee
under sub. (3f) for providing one set of copies of a patient's health care
2records under this
subsection section if the patient is eligible for medical assistance,
3as defined in s. 49.43 (8). A health care provider may require that a patient or person
4authorized by the patient provide proof that the patient is eligible for medical
5assistance before providing copies under this
subdivision without paragraph at a
6reduced charge. A health care provider may charge
the fees 100 percent of the
7applicable fee under
par. (c) sub. (3f) for providing a 2nd or additional set of copies
8of patient health care records for a patient who is eligible for medical assistance.
AB40-ASA1,1114,1510
146.83
(1g) The
time limit for making records available for inspection under
11sub. (1d), the time limits for providing copies of records under sub. (1f) (a) and (b),
12and the requirement under sub. (1f)
(d) 2. (cm) to provide one set of copies of records
13without at a reduced charge if the patient is eligible for medical assistance
do does 14not apply if the health care provider is the department or the department of
15corrections.
AB40-ASA1, s. 2659z
18Section 2659z. 146.83 (1h) (c) of the statutes is renumbered 146.83 (1f) (bm).
AB40-ASA1, s. 2661
20Section
2661. 146.83 (1m) of the statutes is renumbered 146.83 (1m) (a).
AB40-ASA1,1114,2322
146.83
(1m) (b) The health care provider under par. (a) may be charged
23reasonable costs for the provision of the patient's health care records.
AB40-ASA1,1115,4
1146.83
(3f) (a) Except as provided in sub. (1f) or s. 51.30 or 146.82 (2), if a person
2requests copies of a patient's health care records, provides informed consent, and
3pays the applicable fees under par. (b), the health care provider shall provide the
4person making the request copies of the requested records.
AB40-ASA1,1115,75
(b) Except as provided in sub. (1f), a health care provider may charge no more
6than the total of all of the following that apply for providing the copies requested
7under par. (a):
AB40-ASA1,1115,108
1. For paper copies: $1 per page for the first 25 pages; 75 cents per page for
9pages 26 to 50; 50 cents per page for pages 51 to 100; and 30 cents per page for pages
10101 and above.
AB40-ASA1,1115,1111
2. For microfiche or microfilm copies, $1.50 per page.
AB40-ASA1,1115,1212
3. For a print of an X-ray, $10 per image.
AB40-ASA1,1115,1413
4. If the requester is not the patient or a person authorized by the patient, for
14certification of copies, a single $8 charge.
AB40-ASA1,1115,1615
5. If the requester is not the patient or a person authorized by the patient, a
16single retrieval fee of $20 for all copies requested.
AB40-ASA1,1115,1717
6. Actual shipping costs and any applicable taxes.
AB40-ASA1,1115,2018
(c) 1. In this paragraph, "consumer price index" means the average of the
19consumer price index for all urban consumers, U.S. city average, as determined by
20the bureau of labor statistics of the U.S. department of labor.
AB40-ASA1,1116,321
2. On each July 1, beginning on July 1, 2012, the department shall adjust the
22dollar amounts specified under par. (b) by the percentage difference between the
23consumer price index for the 12-month period ending on December 31 of the
24preceding year and the consumer price index for the 12-month period ending on
25December 31 of the year before the preceding year. The department shall notify the
1legislative reference bureau of the adjusted amounts and the legislative reference
2bureau shall publish the adjusted amounts in the Wisconsin Administrative
3Register.
AB40-ASA1,1116,65
146.84
(2) (a) 1. Requests or obtains confidential information under s. 146.82
6or 146.83
(1d), (1f), or (1h) (1c) or (3f) under false pretenses.
AB40-ASA1,1116,118
146.89
(1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates
9in the
Racine Parental Choice Program under s. 118.60, the Green Bay Parental
10Choice Program under s. 118.62, or the Milwaukee Parental Choice Program under
11s. 119.23.
AB40-ASA1,1116,1613
146.89
(1) (g) 3. A private school, as defined in s. 115.001 (3r), that participates
14in the
Racine Parental Choice Program under s. 118.60, the Green Bay Parental
15Choice Program under s. 118.62, or the Milwaukee Parental Choice Program under
16s. 119.23.
AB40-ASA1, s. 2664f
17Section 2664f. 146.89 (3) (b) 9. to 13. of the statutes are created to read:
AB40-ASA1,1116,1918
146.89
(3) (b) 9. Procedures that are confined to incision, excision, or
19manipulation of epidermal and dermal skin.
AB40-ASA1,1116,2120
10. Skin biopsies to a depth of 5 millimeters and debridement of diabetic ulcers,
21including subcutaneous tissue.
AB40-ASA1,1116,2322
11. Punch biopsies of epidermal and dermal lesions with incidental removal of
23minimal fat.
AB40-ASA1,1116,2424
12. Destruction of epidermal and dermal lesions using liquid nitrogen.
AB40-ASA1,1117,2
113. Corticosteroid injections of dermal lesions, joints, tendon sheaths, and
2bursae.
AB40-ASA1,1117,64
146.89
(3r) (b) 1. Except as specified in par. (c), the health care services
5specified in sub. (3) (b) 1. to 5. and 7., other than referrals to reproductive health care
6specialists, and in sub. (3) (b) 8
. to 13.
AB40-ASA1,1117,98
146.89
(3r) (c) 2. Surgery, except as provided in par. (b) 2. and 5
. and sub. (3)
9(b) 9. to 12.
AB40-ASA1,1117,1411
150.31
(5m) The department shall decrease the statewide bed limit specified
12in sub. (1) to account for any reduction in the approved bed capacity of a skilled
13nursing facility operated by the department of veterans affairs under s. 45.50
(1), as
14specified in s. 45.50 (10).
AB40-ASA1,1117,1816
150.84
(3) "Health care provider" means any person licensed, registered,
17permitted or certified by the department or by the department of
regulation and
18licensing safety and professional services to provide health care services in this state.
AB40-ASA1,1118,1320
153.60
(1) The department shall, by the first October 1 after the
21commencement of each fiscal year, estimate the total amount of expenditures under
22this subchapter for the department for that fiscal year for data collection, database
23development and maintenance, generation of data files and standard reports,
24orientation and training provided under s. 153.05 (9) (a) and contracting with the
25data organization under s. 153.05 (2r). The department shall assess the estimated
1total amount for that fiscal year, less the estimated total amount to be received for
2purposes of administration of this subchapter under s. 20.435 (1) (hi) during the
3fiscal year and the unencumbered balance of the amount received for purposes of
4administration of this subchapter under s. 20.435 (1) (hi) from the prior fiscal year,
5to health care providers, other than hospitals and ambulatory surgery centers, who
6are in a class of health care providers from whom the department collects data under
7this subchapter in a manner specified by the department by rule. The department
8shall work together with the department of
regulation and licensing safety and
9professional services to develop a mechanism for collecting assessments from health
10care providers other than hospitals and ambulatory surgery centers. No health care
11provider that is not a facility may be assessed under this subsection an amount that
12exceeds $75 per fiscal year. All payments of assessments shall be credited to the
13appropriation under s. 20.435 (1) (hg).
AB40-ASA1,1118,1615
157.061
(5) "Department" means the department of
regulation and licensing 16safety and professional services.
AB40-ASA1,1118,2118
157.11
(9m) Action by district attorney. If any money or property is not
19turned over when required by this section, or default occurs under a bond, the district
20attorney, upon the request of the department of
regulation and licensing safety and
21professional services, shall bring action to recover.
AB40-ASA1,1118,2423
157.12
(1) Definition. Notwithstanding s. 157.061 (5), in this section,
24"department" means the department of
commerce
safety and professional services.
AB40-ASA1,1119,10
1157.12
(3) (b) The cemetery's treasurer is the custodian of the fund. The
2treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties
3approved by the department of
regulation and licensing
safety and professional
4services to indemnify the cemetery against loss if the treasurer fails to maintain the
5fund. No indemnity is required if the terms of sale of a mausoleum space require the
6purchaser to pay directly to a trust company in the state, designated by the cemetery
7as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income
8from investment may be used only to maintain the mausoleum, except that if the
9amount of income exceeds the amount necessary to properly maintain the
10mausoleum the excess amount may be used to maintain any portion of the cemetery.
AB40-ASA1,1119,1712
157.65
(1) (a) If the department of
regulation and licensing safety and
13professional services has reason to believe that any person is violating or has violated
14this subchapter or any rule promulgated under this subchapter and that the
15continuation of that activity might cause injury to the public interest, the
16department of
regulation and licensing safety and professional services may
17investigate.
AB40-ASA1,1119,2319
157.65
(1) (b) If the department of
commerce safety and professional services 20has reason to believe that any person is violating s. 157.12 or any rule promulgated
21under s. 157.12 and that the continuation of that activity might cause injury to the
22public interest, the department of
commerce safety and professional services may
23investigate.
AB40-ASA1,1120,11
1157.65
(2) The department of justice or any district attorney, upon informing
2the department of justice, may commence an action in circuit court in the name of
3the state to restrain by temporary or permanent injunction any violation of this
4subchapter. The court may, prior to entry of final judgment, make such orders or
5judgments as may be necessary to restore to any person any pecuniary loss suffered
6because of the acts or practices involved in the action, if proof of such loss is submitted
7to the satisfaction of the court. The department of justice may subpoena persons and
8require the production of books and other documents, and may request the board
9described in s. 15.405 (3m) or the department of
commerce safety and professional
10services to exercise its authority under sub. (1) to aid in the investigation of alleged
11violations of this subchapter.
AB40-ASA1,1120,1813
160.01
(7) "Regulatory agency" means the department of agriculture, trade and
14consumer protection, the department of
commerce safety and professional services,
15the department of transportation, the department of natural resources and other
16state agencies which regulate activities, facilities or practices which are related to
17substances which have been detected in or have a reasonable probability of entering
18the groundwater resources of the state.
AB40-ASA1,1120,2220
165.25
(4) (ag) The department of justice shall furnish legal services upon
21request of the department of
commerce safety and professional services under s.
22167.35 (7).
AB40-ASA1,1121,324
165.25
(4) (am) The department of justice shall furnish legal services to the
25department of
regulation and licensing safety and professional services in all
1proceedings under s. 440.21 (3), together with any other services, including
2stenographic and investigational, as are necessarily connected with the legal
3services.
AB40-ASA1,1121,145
165.25
(12) Representation arising from agreements with Minnesota. 6Represent any employee of the state of Minnesota who is named as a defendant in
7any civil action brought under the laws of this state as a result of performing services
8for this state under a valid agreement between this state and the state of Minnesota
9providing for interchange of employees or services and any employee of this state who
10is named as a defendant as a result of performing services for the state of Minnesota
11under such an agreement in any action brought under the laws of this state. Witness
12fees in any action specified in this subsection shall be paid in the same manner as
13provided in s. 885.07. The attorney general may compromise and settle any action
14specified in this subsection to the same extent as provided in s. 165.25 (6) (a).
AB40-ASA1,1121,2317
165.77
(7) Whenever a Wisconsin law enforcement agency or a health care
18professional collects evidence in a case of alleged or suspected sexual assault, the
19agency or professional shall follow the procedures specified in the department's rules
20under sub. (8). The laboratories shall perform
, in a timely manner, deoxyribonucleic
21acid analysis of specimens provided by law enforcement agencies under sub. (2). The
22laboratories shall not include data obtained from deoxyribonucleic acid analysis of
23those specimens in the data bank under sub. (3).
AB40-ASA1,1122,43
165.82
(1) (am) For each record check, except a fingerprint card record check,
4requested by a governmental agency, $7.
AB40-ASA1,1122,11
7165.825 Information link; department of health services. The
8department of justice shall cooperate with the departments of
regulation and
9licensing safety and professional services and health services in developing and
10maintaining a computer linkup to provide access to the information obtained from
11a criminal history search.
AB40-ASA1,1122,1413
167.10
(3) (b) 2. The possession or use of explosives in accordance with rules
14or general orders of the department of
commerce safety and professional services.
AB40-ASA1,1122,1916
167.10
(6m) (a) No person may manufacture in this state fireworks or a device
17listed under sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license
18issued by the department of
commerce safety and professional services under par.
19(d).
AB40-ASA1,1122,2421
167.10
(6m) (b) No person may manufacture in this state fireworks or a device
22listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the rules of
23the department of
commerce safety and professional services promulgated under
24par. (e).
AB40-ASA1,1123,4
1167.10
(6m) (c) Any person who manufactures in this state fireworks or a
2device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of
3commerce safety and professional services with a copy of each federal license issued
4under
18 USC 843 to that person.
AB40-ASA1,1123,136
167.10
(6m) (d) The department of
commerce safety and professional services 7shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f)
8or (i) to (n) to a person who complies with the rules of the department promulgated
9under par. (e). The department may not issue a license to a person who does not
10comply with the rules promulgated under par. (e). The department may revoke a
11license under this subsection for the refusal to permit an inspection at reasonable
12times by the department or for a continuing violation of the rules promulgated under
13par. (e).
AB40-ASA1,1123,1715
167.10
(6m) (e) The department of
commerce safety and professional services 16shall promulgate rules to establish safety standards for the manufacture in this state
17of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n).
