LRBa1834/1
TJD:cjs:rs
2011 - 2012 LEGISLATURE
SENATE AMENDMENT 3,
TO 2011 SENATE BILL 212
October 27, 2011 - Offered by Senators Carpenter and Lassa.
SB212-SA3,1,4
21. Page 1, line 7: after "homes," insert "confidentiality of health care services
3reviews, use as evidence of information regarding health care providers, reporting
4of quality indicators identifying individual hospitals,".
SB212-SA3,1,1310
146.38
(1m) No person who participates in the review or evaluation of the
11services of health care providers or charges for such services may disclose
an incident
12or occurrence report or any information acquired in connection with such review or
13evaluation except as provided in sub. (3)
or (3m).
SB212-SA3,2,193
146.38
(2) All persons, organizations, or evaluators, whether from one or more
4entities, who review or evaluate the services of health care providers
in order to help
5improve the quality of health care, to avoid improper utilization of the services of
6health care providers, or to determine the reasonable charges for such services shall
7keep a record of their investigations, inquiries, proceedings and conclusions. No such
8record may be released to any person under s. 804.10 (4) or otherwise except as
9provided in sub. (3)
or (3m). No such record may be used in any civil
or criminal action
10for personal injuries against the health care provider
or any other health care
11provider; however,
except for incident or occurrence reports or records from other
12persons, organizations, or evaluators reviewing or evaluating health care providers, 13information, documents or records presented during the review or evaluation may
14not be construed as immune from discovery under s. 804.10 (4) or use in any civil
or
15criminal action merely because they were so presented. Any person who testifies
16during or participates in the review or evaluation may testify in any civil
or criminal 17action as to matters within his or her knowledge, but may not testify as to
18information obtained through his or her participation in the review or evaluation,
19nor as to any conclusion of such review or evaluation.
SB212-SA3,2,2423
146.38
(3) (dg) In a report in statistical form. The report may identify any
24provider to which the statistics relate.
SB212-SA3,3,2
1146.38
(3) (em) With regard to any criminal matter, to a court of record, in
2accordance with chs. 885 to 895 and 995 and after issuance of subpoena.
SB212-SA3,3,14
14"(7)
Disclosures; use of records; evidence.
SB212-SA3,3,1715
(a) The treatment of section 146.38 (1m), (2), (3) (dg) and (em), and (3m) of the
16statutes first applies to disclosures or releases occurring on the effective date of this
17paragraph.
SB212-SA3,3,1918
(b) The treatment of section 146.38 (2) and (2m) of the statutes first applies to
19use of records or information on the effective date of this paragraph.
SB212-SA3,3,2320
(c) The treatment of section 904.16 of the statutes first applies to health care
21provider reports received, and statements of, or records or interviews with,
22employees of a health care provider obtained, on the effective date of this
23paragraph.".