Wisconsin Legislature: 27,3087r

153.50 Protection of patient confidentiality. Patient-identifiable data obtained under this chapter and contained in the discharge data base of the office department is not subject to inspection, copying or receipt under s. 19.35 (1) and may not be released by the office department, except to the patient or to a person granted permission for release by the patient and except that a hospital, a physician, or the agent of a hospital or physician or the commissioner may have access to patient-identifiable data to ensure the accuracy of the information in the discharge data base. The department of health and family services may have access to the discharge data base for the purposes of completing epidemiological reports and eliminating the need to maintain a data base that duplicates that of the office, if the department of health and family services does not release or otherwise provide access to the patient-identifiable data.

27,3079 Section 3079 . 153.60 (title) of the statutes is amended to read:

153.60 (title) Assessments to fund operations of office department and board.

27,3080 Section 3080 . 153.60 (1) of the statutes is amended to read:

153.60 (1) The office department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the office department and the board for that fiscal year. The office department shall assess the estimated total amount for that fiscal year less the estimated total amount to be received under s. 20.145 (8) (hi), (hj), (kx) and (mr) 20.435 (1) (hi) during the fiscal year and the unencumbered balances balance of the amounts amount received under s. 20.145 (8) (hi), (hj) and (mr) 20.435 (1) (hi) from the prior fiscal year, to hospitals in proportion to each hospital's respective gross private-pay patient revenues during the hospital's most recently concluded entire fiscal year. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.145 (8) 20.435 (1) (hg).

27,3081 Section 3081 . 153.60 (2) of the statutes is amended to read:

153.60 (2) The office department may assess ambulatory surgery centers under this section, using as the basis for individual ambulatory surgery center assessments the methods and criteria promulgated by rule by the commissioner department under s. 153.75 (1) (k).

27,3082 Section 3082. 153.65 of the statutes is amended to read:

153.65 Provision of special information; user fees. The office department may provide, upon request from a person, a data compilation or a special report based on the information collected by the office department under s. 153.05 (1), (3), (4) (b), (5), (7) or (8) or 153.08. The office department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this section shall be credited to the appropriation under s. 20.145 (8) 20.435 (1) (hi).

27,3083 Section 3083 . 153.75 (1) (intro.) of the statutes is amended to read:

153.75 (1) (intro.) Following approval by the board, the commissioner department shall promulgate the following rules:

27,3084 Section 3084 . 153.75 (1) (b) of the statutes is amended to read:

153.75 (1) (b) Establishing procedures under which hospitals and health care providers are permitted to review and verify patient-related information prior to its submission to the office department.

27,3085 Section 3085 . 153.75 (2) (intro.) of the statutes is amended to read:

153.75 (2) (intro.) With the approval of the board, the commissioner department may promulgate all of the following rules:

27,3086 Section 3086 . 153.75 (2) (c) of the statutes is amended to read:

153.75 (2) (c) Providing for the efficient collection, analysis and dissemination of health care information which the office department may require under this chapter.

27,3087 Section 3087 . 153.90 (3) of the statutes is amended to read:

153.90 (3) The commissioner department may directly assess forfeitures under sub. (2). If the commissioner department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the commissioner department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute or rule and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44.

27,3087m Section 3087m. 154.17 (1) of the statutes is amended to read:

154.17 (1) “Do-not-resuscitate bracelet" means a standardized identification bracelet of uniform size, color, and design, approved by the department, that bears the inscription “Do Not Resuscitate" and signifies that the wearer is a qualified patient who has obtained a do-not-resuscitate order and that the wearer has not revoked the request for the order has not been revoked.

27,3087n Section 3087n. 154.19 (1) (b) of the statutes is amended to read:

154.19 (1) (b) The Except as provided in s. 154.225 (2), the patient requests the order.

27,3087p Section 3087p. 154.19 (1) (bm) of the statutes is created to read:

154.19 (1) (bm) Except as provided in s. 154.225 (2), the patient consents to the order after being provided the information specified in sub. (2) (a).

27,3087q Section 3087q. 154.19 (1) (d) of the statutes is amended to read:

154.19 (1) (d) The Except as provided in s. 154.225 (2), the patient signs the order.

27,3087qm Section 3087qm. 154.19 (2) (a) of the statutes is amended to read:

154.19 (2) (a) Upon issuing the do-not-resuscitate order, the The attending physician, or a person directed by the attending physician, shall provide the patient with written information about the resuscitation procedures that the patient has chosen to forego and the methods by which the patient may revoke the do-not-resuscitate order.

27,3087r Section 3087r. 154.19 (3) (b) 1. of the statutes is amended to read:

154.19 (3) (b) 1. The patient has revoked the order is revoked under s. 154.21 or 154.225 (2).

27,3087s Section 3087s. 154.225 of the statutes is created to read:

154.225 Guardians and health care agents. (1) In this section:

(a) “Guardian" has the meaning given in s. 51.40 (1) (f).

(b) “Health care agent has the meaning given in s. 155.01 (4).

(2) The guardian or health care agent of an incapacitated qualified patient may request a do-not-resuscitate order on behalf of that incapacitated qualified patient and consent to the order and sign it after receiving the information specified in s. 154.19 (2) (a). The guardian or health care agent of an incapacitated qualified patient may revoke a do-not-resuscitate order on behalf of the incapacitated qualified patient by any of the following methods:

(a) The guardian or health care agent directs an emergency medical technician, first responder or a person who serves as a member of an emergency health care facility's personnel to resuscitate the patient. The emergency medical technician, first responder or the member of the emergency health care facility shall promptly remove the do-not-resuscitate bracelet.

(b) The guardian or health care agent defaces, burns, cuts or otherwise destroys the do-not-resuscitate bracelet.

27,3087t Section 3087t. 154.25 (6) of the statutes is amended to read:

154.25 (6) Valid do-not-resuscitate bracelet. A do-not-resuscitate bracelet that has not been removed, altered or tampered with in any way shall be presumed valid, unless the patient, the patient's guardian or the patient's health care agent expresses to the emergency medical technician, first responder or emergency health care facility personnel the patient's desire to be resuscitated.

27,3092c Section 3092c. 165.08 of the statutes is amended to read:

165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor, except that a civil action prosecuted by the department under s. 165.251 may be compromised or discontinued only with the approval of the person who requested legal representation from the department. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

27,3094 Section 3094 . 165.25 (3r) of the statutes is amended to read:

165.25 (3r) Avoid conflict of interest. Require that attorneys in different organizational subunits in the department prosecute violations of chs. 561 562 to 569 or Indian gaming compacts entered into under s. 14.035 and defend any department, agency, official, employe or agent under subs. (1), (4) (a) and (6).

27,3094g Section 3094g. 165.251 of the statutes is created to read:

165.251 Actions to clear title. (1) Definitions. In this section:

(a) “Family corporation" means a corporation qualifying under s. 182.001 (1) (a).

(b) “Immediate family" means persons related as spouses, as siblings or as parent and child.

(d) “Local public office" has the meaning given in s. 19.42 (7w).

(e) “Public office" means local public office or state public office.

(f) “Public official" means a person holding a public office.

(g) “Qualifying property" means real property owned in whole or in part by a public official, by a member of a public official's immediate family or by a family corporation in which a public official is a shareholder during the period of time public office was held.

(h) “State public office" has the meaning given in s. 19.42 (13).

(2) Representation upon request. The department of justice may provide legal representation to any person who requests the legal representation and who does all of the following:

(a) Claims that title to qualifying property has been clouded by the false, fraudulent or frivolous filing, entry or recordation of any instrument relating to title during the period the affected real property was qualifying property.

(b) Claims to be an owner in the qualifying property or a shareholder in a family corporation, if any, that owns the qualifying property.

(3) Actions to clear title. If it decides to provide legal representation under sub. (2), the department of justice shall bring the actions that are necessary to clear clouds upon title to qualifying property from false, fraudulent or frivolous filings, entries or recordations of instruments relating to title.

(4) Required finding. As part of any action brought under this section, the court shall make a finding of whether the instrument relating to title that is claimed to create a cloud upon the title was filed, entered or recorded with the authorization, consent or approval of the owner of the qualifying property or of any creditor having an interest in the qualifying property.

(5) Conditional payment of costs of representation. Each person making a request under sub. (2) shall, as part of that request, agree to pay the costs of legal representation provided by the department of justice, if the court makes a finding under sub. (4) that the instrument relating to title was filed, entered or recorded with the authorization, consent or approval of the owner of the qualifying property or of any creditor having an interest in the qualifying property. If the court does not make such a finding, the person may not be required to pay any of the costs of the legal representation.

(6) If payment required. If, upon the completion of all proceedings, the person who made the request under sub. (2) is subject to conditional payment of the costs of legal representation provided by the department of justice under sub. (5), the department of justice may charge the person an amount not exceeding the total cost of the legal representation provided. All payments collected by the department under this subsection shall be deposited in the general fund.

(7) Limitation on representation. The department of justice may represent persons under this section at the trial level only.

27,3096m Section 3096m. 165.30 (1m) of the statutes is created to read:

165.30 (1m) Generally. The department of justice shall represent the interests of and furnish legal services to departments relating to the collection of obligations.

27,3097 Section 3097 . 165.70 (3m) of the statutes is amended to read:

165.70 (3m) The attorney general shall establish a separate bureau in the division of criminal investigation in which all of the department's gaming law enforcement responsibilities under chs. 561 562 to 569 and 945 shall be performed.

27,3099 Section 3099 . 165.72 (7) of the statutes is amended to read:

165.72 (7) Publicity. The department shall cooperate with the department of education public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2).

27,3100 Section 3100 . 165.755 of the statutes is created to read:

165.755 Crime laboratories and drug law enforcement assessment. (1) (a) Except as provided in par. (b), beginning on October 1, 1997, or on the effective date of this paragraph .... [revisor inserts date], whichever is later, a court shall impose a crime laboratories and drug law enforcement assessment of $4 if the court imposes a sentence, places a person on probation or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

(b) A court may not impose the crime laboratories and drug law enforcement assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).

(2) If the court under sub. (1) (a) imposes a sentence or forfeiture for multiple offenses or places a person on probation for multiple offenses, a separate crime laboratories and drug law enforcement assessment shall be imposed for each separate offense.

(3) Except as provided in sub. (4), after the court determines the amount due under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

(4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.12 (1) (b).

(5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the state treasurer under this section. If bail is returned, the assessment shall also be returned.

(6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement assessment under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

(7) All moneys collected from crime laboratories and drug law enforcement assessments under this section shall be deposited by the state treasurer and used as specified in s. 20.455 (2) (kd) and (Lm).

27,3101g Section 3101g. 165.80 of the statutes is amended to read:

165.80 Cooperation with other state departments. For the purpose of coordinating the work of the crime laboratories with the research departments located in the university of Wisconsin, the attorney general and the university of Wisconsin may agree for the use of university laboratories and university physical facilities and the exchange and utilization of personnel between the crime laboratories and the university. The university and crime laboratories cooperation council shall act in an advisory capacity to the attorney general.

27,3101m Section 3101m. 165.825 of the statutes is created to read:

165.825 Information link; department of health and family services. The department of justice shall cooperate with the departments of regulation and licensing and health and family services in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

27,3103j Section 3103j. 165.83 (1) (c) of the statutes is renumbered 165.83 (1) (c) (intro.) and amended to read:

165.83 (1) (c) (intro.) “Offense" means an any of the following:

1. An act which that is committed by a person who has attained the age of 17 and that is a felony, or a misdemeanor or.

3. An act that is committed by any person and that is a violation of a city, county, village or town ordinance.

27,3103k Section 3103k. 165.83 (1) (c) 2. of the statutes is created to read: