AB40, s. 2643
3Section
2643. 145.245 (12m) (f) of the statutes is amended to read:
AB40,1017,114
145.245
(12m) (f) The department of administration, in consultation with the
5department of
commerce safety and professional services, may establish those terms
6and conditions of a financial assistance agreement that relate to its financial
7management, including what type of municipal obligation is required for the
8repayment of the financial assistance. In setting the terms and conditions, the
9department of administration may consider factors that the department of
10administration finds are relevant, including the type of obligation evidencing the
11loan, the pledge of security for the obligation and the applicant's creditworthiness.
AB40, s. 2644
12Section
2644. 145.245 (12m) (g) of the statutes is amended to read:
AB40,1017,1713
145.245
(12m) (g) The department of administration shall make and disburse
14a loan to an applicant that has entered into a financial assistance agreement under
15par. (e). The department of administration, in consultation with the department of
16commerce safety and professional services, shall establish procedures for disbursing
17loans.
AB40, s. 2645
18Section
2645. 145.245 (12m) (h) of the statutes is amended to read:
AB40,1018,319
145.245
(12m) (h) If a governmental unit fails to make a principal repayment
20after its due date, the department of administration shall place on file a certified
21statement of all amounts due under this subsection. After consulting the
22department of
commerce safety and professional services, the department of
23administration may collect all amounts due by deducting those amounts from any
24state payments due the governmental unit or may add a special charge to the amount
25of taxes apportioned to and levied upon the county under s. 70.60. If the department
1of administration collects amounts due, it shall remit those amounts to the fund to
2which they are due and notify the department of
commerce safety and professional
3services of that action.
AB40, s. 2646
4Section
2646. 146.085 (3) of the statutes is amended to read:
AB40,1018,75
146.085
(3) Enforcement. The department, the department of
commerce 6safety and professional services, and the public service commission shall enforce this
7section within their respective jurisdictions.
AB40, s. 2647
8Section
2647. 146.40 (4r) (em) of the statutes is amended to read:
AB40,1018,139
146.40
(4r) (em) If the department receives a report under par. (a) or (am) and
10determines that an individual who is the subject of the report holds a credential that
11is related to the individual's employment at, or contract with, the entity, the
12department shall refer the report to the department of
regulation and licensing 13safety and professional services.
AB40, s. 2648
14Section
2648. 146.59 (2) (b) of the statutes is amended to read:
AB40,1018,1915
146.59
(2) (b) If a contractual services agreement is terminated under s. 233.04
16(4m) (b), the University of Wisconsin Hospitals and Clinics Board may negotiate and
17enter into a contractual services agreement with the University of Wisconsin
18Hospitals and Clinics Authority or the
board of regents Board of Trustees of the
19University of
Wisconsin System Wisconsin–Madison under s. 233.04 (4m) (b).
AB40, s. 2649
20Section
2649. 146.83 (1c) (a) of the statutes is created to read:
AB40,1018,2321
146.83
(1c) (a) Inspect the health care records of a health care provider
22pertaining to that patient at any time during regular business hours, upon
23reasonable notice.
AB40, s. 2650
24Section
2650. 146.83 (1c) (b) of the statutes is created to read:
AB40,1019,2
1146.83
(1c) (b) Receive a copy of the patient's health care records upon payment
2of fees, as established by rule under sub. (3f).
AB40, s. 2651
3Section
2651. 146.83 (1c) (c) of the statutes is created to read:
AB40,1019,64
146.83
(1c) (c) Receive a copy of the health care provider's X-ray reports or
5have the X-rays referred to another health care provider of the patient's choice upon
6payment of fees, as established by rule under sub. (3f).
AB40, s. 2652
7Section
2652. 146.83 (1d) of the statutes is renumbered 146.83 (1c) (intro.) and
8amended to read:
AB40,1019,169
146.83
(1c) (intro.) Except as provided in s. 51.30 or 146.82 (2), any patient or
10person authorized by the patient may, upon submitting a statement of informed
11consent
, inspect the health care records of a health care provider pertaining to that
12patient. Except as provided in sub. (1g), the health care provider shall make the
13records available for inspection by the patient or person authorized by the patient
14during regular business hours, after the health care provider receives notice from the
15patient or person authorized by the patient. A health care provider may not charge
16a fee for inspection under this subsection.:
AB40, s. 2653
17Section
2653. 146.83 (1f) (a) of the statutes is repealed.
AB40, s. 2654
18Section
2654. 146.83 (1f) (b) of the statutes is repealed.
AB40, s. 2655
19Section
2655. 146.83 (1f) (c) of the statutes is repealed.
AB40, s. 2656
20Section
2656. 146.83 (1f) (d) 1. of the statutes is renumbered 146.83 (1f) (am)
21and amended to read:
AB40,1020,322
146.83
(1f) (am) If a patient or person authorized by the patient requests copies
23of the patient's health care records under this
subsection section for use in appealing
24a denial of social security disability insurance, under
42 USC 401 to
433, or
25supplemental security income, under
42 USC 1381 to
1385, the health care provider
1may charge the patient or person authorized by the patient no more than the amount
2that the federal social security administration reimburses the department for copies
3of patient health care records.
AB40, s. 2657
4Section
2657. 146.83 (1f) (d) 2. of the statutes is renumbered 146.83 (1f) (bm)
5and amended to read:
AB40,1020,146
146.83
(1f) (bm) Except as provided in sub. (1g), a health care provider may not
7charge a fee for providing one set of copies of a patient's health care records under
8this
subsection section if the patient is eligible for medical assistance, as defined in
9s. 49.43 (8). A health care provider may require that a patient or person authorized
10by the patient provide proof that the patient is eligible for medical assistance before
11providing copies under this subdivision without charge. A health care provider may
12charge the fees
under par. (c) established by rule under sub. (1c) for providing a 2nd
13or additional set of copies of patient health care records for a patient who is eligible
14for medical assistance.
AB40, s. 2658
15Section
2658. 146.83 (1g) of the statutes is amended to read:
AB40,1020,2116
146.83
(1g) The time limit for making records available for inspection
and for
17providing copies of records under sub.
(1d), the time limits for providing copies of
18records under sub. (1f) (a) and (b), (1c) and the requirement under sub. (1f)
(d) 2. (bm) 19to provide one set of copies of records without charge if the patient is eligible for
20medical assistance do not apply if the health care provider is the department or the
21department of corrections.
AB40, s. 2659
22Section
2659. 146.83 (1h) of the statutes is repealed.
AB40, s. 2660
23Section
2660. 146.83 (1k) of the statutes is repealed.
AB40, s. 2661
24Section
2661. 146.83 (1m) of the statutes is renumbered 146.83 (1m) (a).
AB40, s. 2662
25Section
2662. 146.83 (1m) (b) of the statutes is created to read:
AB40,1021,2
1146.83
(1m) (b) The health care provider under par. (a) may be charged
2reasonable costs for the provision of the patient's health care records.
AB40, s. 2663
3Section
2663. 146.83 (3f) of the statutes is created to read:
AB40,1021,114
146.83
(3f) (a) The department shall, by rule, prescribe fees that are based on
5an approximation of actual costs. The fees, plus applicable tax, are the maximum
6amount that a health care provider may charge under sub. (1c) (b) for duplicate
7patient health care records and under sub. (1c) (c) for duplicate X-ray reports or the
8referral of X-rays to another health care provider of the patient's choice. The rule
9shall also permit the health care provider to charge for actual postage or other actual
10delivery costs. In determining the approximation of actual costs for the purposes of
11this subsection, the department may consider all of the following factors:
AB40,1021,1312
1. Operating expenses, such as wages, rent, utilities, and duplication
13equipment and supplies.
AB40,1021,1514
2. The varying cost of retrieval of records, based on the different media on which
15the records are maintained.
AB40,1021,1716
3. The cost of separating requested patient health care records from those that
17are not requested.
AB40,1021,1818
4. The cost of duplicating requested patient health care records.
AB40,1021,1919
5. The impact on costs of advances in technology.
AB40,1021,2120
(b) By July 1, 2014, and every 3 years thereafter, the department shall revise
21the rules under par. (a) to account for increases or decreases in actual costs.
AB40, s. 2664
22Section
2664. 146.84 (2) (a) 1. of the statutes is amended to read:
AB40,1021,2423
146.84
(2) (a) 1. Requests or obtains confidential information under s. 146.82
24or 146.83
(1d), (1f), or (1h) (1c) under false pretenses.
AB40, s. 2665
25Section
2665. 150.31 (5m) of the statutes is amended to read:
AB40,1022,4
1150.31
(5m) The department shall decrease the statewide bed limit specified
2in sub. (1) to account for any reduction in the approved bed capacity of a skilled
3nursing facility operated by the department of veterans affairs under s. 45.50
(1), as
4specified in s. 45.50 (10).
AB40, s. 2666
5Section
2666. 150.84 (3) of the statutes is amended to read:
AB40,1022,86
150.84
(3) "Health care provider" means any person licensed, registered,
7permitted or certified by the department or by the department of
regulation and
8licensing safety and professional services to provide health care services in this state.
AB40, s. 2667
9Section
2667. 153.60 (1) of the statutes is amended to read:
AB40,1023,310
153.60
(1) The department shall, by the first October 1 after the
11commencement of each fiscal year, estimate the total amount of expenditures under
12this subchapter for the department for that fiscal year for data collection, database
13development and maintenance, generation of data files and standard reports,
14orientation and training provided under s. 153.05 (9) (a) and contracting with the
15data organization under s. 153.05 (2r). The department shall assess the estimated
16total amount for that fiscal year, less the estimated total amount to be received for
17purposes of administration of this subchapter under s. 20.435 (1) (hi) during the
18fiscal year and the unencumbered balance of the amount received for purposes of
19administration of this subchapter under s. 20.435 (1) (hi) from the prior fiscal year,
20to health care providers, other than hospitals and ambulatory surgery centers, who
21are in a class of health care providers from whom the department collects data under
22this subchapter in a manner specified by the department by rule. The department
23shall work together with the department of
regulation and licensing safety and
24professional services to develop a mechanism for collecting assessments from health
25care providers other than hospitals and ambulatory surgery centers. No health care
1provider that is not a facility may be assessed under this subsection an amount that
2exceeds $75 per fiscal year. All payments of assessments shall be credited to the
3appropriation under s. 20.435 (1) (hg).
AB40, s. 2668
4Section
2668. 157.061 (5) of the statutes is amended to read:
AB40,1023,65
157.061
(5) "Department" means the department of
regulation and licensing 6safety and professional services.
AB40, s. 2669
7Section
2669. 157.11 (9m) of the statutes is amended to read:
AB40,1023,118
157.11
(9m) Action by district attorney. If any money or property is not
9turned over when required by this section, or default occurs under a bond, the district
10attorney, upon the request of the department of
regulation and licensing safety and
11professional services, shall bring action to recover.
AB40, s. 2670
12Section
2670. 157.12 (1) of the statutes is amended to read:
AB40,1023,1413
157.12
(1) Definition. Notwithstanding s. 157.061 (5), in this section,
14"department" means the department of
commerce
safety and professional services.
AB40, s. 2671
15Section
2671. 157.12 (3) (b) of the statutes is amended to read:
AB40,1023,2516
157.12
(3) (b) The cemetery's treasurer is the custodian of the fund. The
17treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties
18approved by the department of
regulation and licensing
safety and professional
19services to indemnify the cemetery against loss if the treasurer fails to maintain the
20fund. No indemnity is required if the terms of sale of a mausoleum space require the
21purchaser to pay directly to a trust company in the state, designated by the cemetery
22as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income
23from investment may be used only to maintain the mausoleum, except that if the
24amount of income exceeds the amount necessary to properly maintain the
25mausoleum the excess amount may be used to maintain any portion of the cemetery.
AB40, s. 2672
1Section
2672. 157.65 (1) (a) of the statutes is amended to read:
AB40,1024,72
157.65
(1) (a) If the department of
regulation and licensing safety and
3professional services has reason to believe that any person is violating or has violated
4this subchapter or any rule promulgated under this subchapter and that the
5continuation of that activity might cause injury to the public interest, the
6department of
regulation and licensing safety and professional services may
7investigate.
AB40, s. 2673
8Section
2673. 157.65 (1) (b) of the statutes is amended to read:
AB40,1024,139
157.65
(1) (b) If the department of
commerce safety and professional services 10has reason to believe that any person is violating s. 157.12 or any rule promulgated
11under s. 157.12 and that the continuation of that activity might cause injury to the
12public interest, the department of
commerce safety and professional services may
13investigate.
AB40, s. 2674
14Section
2674. 157.65 (2) of the statutes is amended to read:
AB40,1024,2515
157.65
(2) The department of justice or any district attorney, upon informing
16the department of justice, may commence an action in circuit court in the name of
17the state to restrain by temporary or permanent injunction any violation of this
18subchapter. The court may, prior to entry of final judgment, make such orders or
19judgments as may be necessary to restore to any person any pecuniary loss suffered
20because of the acts or practices involved in the action, if proof of such loss is submitted
21to the satisfaction of the court. The department of justice may subpoena persons and
22require the production of books and other documents, and may request the board
23described in s. 15.405 (3m) or the department of
commerce safety and professional
24services to exercise its authority under sub. (1) to aid in the investigation of alleged
25violations of this subchapter.
AB40, s. 2675
1Section
2675. 160.01 (7) of the statutes is amended to read:
AB40,1025,72
160.01
(7) "Regulatory agency" means the department of agriculture, trade and
3consumer protection, the department of
commerce safety and professional services,
4the department of transportation, the department of natural resources and other
5state agencies which regulate activities, facilities or practices which are related to
6substances which have been detected in or have a reasonable probability of entering
7the groundwater resources of the state.
AB40, s. 2676
8Section
2676. 160.50 (1m) of the statutes is amended to read:
AB40,1025,139
160.50
(1m) Funding for groundwater research. The groundwater
10coordinating council shall advise the secretary of administration on the allocation of
11funds appropriated to the
board of regents Board of Regents of the University of
12Wisconsin System under s. 20.285 (1) (a)
and the Board of Trustees of the University
13of Wisconsin–Madison under s. 20.280 (1) (a) for groundwater research.
AB40, s. 2677
14Section
2677. 165.25 (4) (ag) of the statutes is amended to read:
AB40,1025,1715
165.25
(4) (ag) The department of justice shall furnish legal services upon
16request of the department of
commerce safety and professional services under s.
17167.35 (7).
AB40, s. 2678
18Section
2678. 165.25 (4) (am) of the statutes is amended to read:
AB40,1025,2319
165.25
(4) (am) The department of justice shall furnish legal services to the
20department of
regulation and licensing safety and professional services in all
21proceedings under s. 440.21 (3), together with any other services, including
22stenographic and investigational, as are necessarily connected with the legal
23services.
AB40, s. 2679
24Section
2679. 165.25 (4) (ar) of the statutes is amended to read:
AB40,1026,6
1165.25
(4) (ar) The department of justice shall furnish all legal services
2required by the department of agriculture, trade and consumer protection relating
3to the enforcement of ss. 91.68,
93.73, 100.171, 100.173, 100.174, 100.175, 100.177,
4100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37,
5100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779,
6together with any other services as are necessarily connected to the legal services.
AB40, s. 2680
7Section
2680. 165.25 (8r) of the statutes is created to read:
AB40,1026,118
165.25
(8r) Board of Trustees of the University of Wisconsin. In subs. (1),
9(1m), (6) and (6m), treat the Board of Trustees of the University of
10Wisconsin–Madison as a department of state government and any official, employee,
11or agent of the Board of Trustees as a state official, employee or agent.
AB40, s. 2681
12Section
2681. 165.25 (12) of the statutes is created to read:
AB40,1026,2213
165.25
(12) Representation arising from agreements with Minnesota. 14Represent any employee of the state of Minnesota who is named as a defendant in
15any civil action brought under the laws of this state as a result of performing services
16for this state under a valid agreement between this state and the state of Minnesota
17providing for interchange of employees or services and any employee of this state who
18is named as a defendant as a result of performing services for the state of Minnesota
19under such an agreement in any action brought under the laws of this state. Witness
20fees in any action specified in this subsection shall be paid in the same manner as
21provided in s. 885.07. The attorney general may compromise and settle any action
22specified in this subsection to the same extent as provided in s. 165.25 (6) (a).
AB40, s. 2682
23Section
2682. 165.70 (3m) of the statutes is repealed.
AB40,1027,43
165.82
(1) (am) For each record check, except a fingerprint card record check,
4requested by a governmental agency, $7.
AB40, s. 2685
5Section
2685. 165.82 (1) (b) of the statutes is repealed.
AB40, s. 2686
6Section
2686. 165.825 of the statutes is amended to read:
AB40,1027,11
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, s. 2687
12Section
2687. 167.10 (3) (b) 2. of the statutes is amended to read:
AB40,1027,1413
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, s. 2688
15Section
2688. 167.10 (6m) (a) of the statutes is amended to read:
AB40,1027,1916
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).