Pediatric
  Psychiatric
  Hospice
  Detoxification
  Oncology
  Other
ROOM AND BOARD – SEMIPRIVATE TWO BED
  General classification
  Medical/surgical/gynecology
  Obstetric
  Pediatric
  Psychiatric
  Hospice
  Detoxification
  Oncology
  Other
NURSERY
  General classification
  Newborn
  Premature
  Neonatal intensive care unit
  Other
INTENSIVE CARE
  General classification
  Surgical
  Medical
  Pediatric
  Psychiatric
  Post-intensive care unit
  Burn care
  Trauma
  Other
CORONARY CARE
  General classification
  Myocardial infarction
INCREMENTAL NURSING CHARGE RATE
  General classification
  Nursery
  Intensive care
  Coronary care
OTHER IMAGING SERVICES
Mammography, excluding physician fees
EMERGENCY ROOM
General classification – based on highest volume, excluding physician fees
LABOR ROOM/DELIVERY
  General classification
  Labor
  Delivery
  Circumcision
  Birthing center
  Other
PSYCHIATRIC/PSYCHOLOGICAL TREATMENTS
  General classification
  Electroshock treatment
  Milieu therapy
  Play therapy
  Other
PSYCHIATRIC/PSYCHOLOGICAL SERVICES
  General classification
  Rehabilitation
  Day care
  Night care
  Individual therapy
  Group therapy
  Family therapy
  Biofeedback
  Testing
  Other
DHS 120.09(4) (4)Affidavit of publication. A hospital that publishes any notice under sub. (3) shall require the newspaper in which the notice is published to furnish the hospital with an affidavit of publication attached to a copy of the notice clipped from the paper. The affidavit shall state the name of the newspaper and the date of publication and shall be signed by the editor, publisher, owner or designee of the editor, publisher or owner. Within 14 calendar days after the hospital receives the affidavit of publication, the hospital shall transmit to the department the affidavit and the notice clipped from the newspaper attached.
DHS 120.09 Note Note: Health care providers who are required to send their information directly to the department should use the following address: Bureau of Health Information and Policy, P. O. Box 2659, Madison, Wisconsin 53701-2659, or deliver the communications to Room 372, 1 W. Wilson Street, Madison, Wisconsin.
DHS 120.09 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01; CR 01-051: cr. (3) (a) 6m., Register September 2001 No. 549 eff. 10-1-01.
DHS 120.10 DHS 120.10Liabilities; penalties.
DHS 120.10(1) (1)Definition. In this section, “type of data" means inpatient, emergency department, ambulatory, fiscal, annual and other health care provider data required to be submitted to the department under this chapter.
DHS 120.10(2) (2)Civil liability. In accordance with s. 153.76, Stats., and except as provided in sub. (3), whoever violates the patient confidentiality provisions defined in ss. 153.50 and 153.75 (1) (a), Stats., shall be liable to the patient 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.
DHS 120.10(3) (3)Immunity from liability.
DHS 120.10(3)(a)(a) In accordance with s. 153.77, Stats., and except as provided in par. (b), a health care provider that submits information to the department under this chapter is immune from civil liability for all of the following:
DHS 120.10(3)(a)1. 1. Any act or omission of an employee, official or agent of the health care provider that results in the release of a prohibited data element while submitting data to the department.
DHS 120.10(3)(a)2. 2. Any act or omission of the department that results in the release of data.
DHS 120.10(3)(b) (b) The immunity provided under this subsection does not apply to intentional, willful or reckless acts or omissions by health care providers.
DHS 120.10(4) (4)Criminal penalties. In accordance with s. 153.78 (1), Stats., whoever intentionally violates s. 153.45 (5) or 153.50, Stats., or rules related thereto under subchs. III and V of this chapter may be fined not more than $15,000 or imprisoned for not more than one year in the county jail or both.
DHS 120.10(5) (5)Forfeitures.
DHS 120.10(5)(a)(a) General. In accordance with s. 153.78 (2), Stats., whoever violates ch. 153, Stats., or this chapter, except as provided in par. (c), shall forfeit not more than $100 for each violation. Except as stated in s. 153.78 (2), Stats., each day of a violation for each individual type of data the department requires to be submitted constitutes a separate offense.
DHS 120.10(5)(b) (b) Effective date and duration of forfeitures.
DHS 120.10(5)(b)1.1. `Forfeiture commencement and duration.' The forfeiture begins on the date the health care provider was in violation, as determined by the department, and is computed for the number of days the health care provider is in violation until the date the health care provider achieves compliance, except that no day in the period between the date on which a request for a hearing is filed under s. 227.44, Stats., and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this subsection constitutes a violation.
DHS 120.10(5)(b)2. 2. `Collection of forfeiture.' The department may directly assess forfeitures. 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 containing all of the following information:
DHS 120.10(5)(b)2.a. a. The alleged specific violation of ch. 153, Stats., or this chapter.
DHS 120.10(5)(b)2.b. b. The amount of the forfeiture per day.
DHS 120.10(5)(b)2.c. c. The number of days the health care provider was in violation.
DHS 120.10(5)(b)2.d. d. The total amount due or, if the violation is continuing at the time the notice is sent, a statement specifying how the alleged violator shall calculate the total amount due.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.