1999 Wisconsin Act 9

153.50 (5) (a) 3. For a person who is authorized under sub. (4) (a), (c) or (d) to receive or have access to patient-identifiable data, evidence, in writing, that indicates that authorization.

9,2280kw Section 2280kw. 153.50 (5) (a) 4. (intro.) of the statutes is amended to read:

153.50 (5) (a) 4. (intro.) For an entity that is authorized under sub. (4) (e) (a) 4. to receive or have access to patient-identifiable data, evidence, in writing, of all of the following:

9,2280kx Section 2280kx. 153.50 (5) (b) 3. of the statutes is amended to read:

153.50 (5) (b) 3. For a person who believes that he or she is authorized under sub. (4) (a), the action provided under s. 19.37.

9,2280n Section 2280n. 153.50 (5m) of the statutes is created to read:

153.50 (5m) Employers not to request patient-identifiable data. Notwithstanding subs. (4) and (5) no employer may request the release of or access to patient-identifiable data of an employe of the employer.

9,2280p Section 2280p. 153.50 (6) of the statutes is renumbered 153.50 (6) (a).

9,2280q Section 2280q. 153.50 (6) (b), (c), (d) and (e) of the statutes are created to read:

153.50 (6) (b) The department may not require under this chapter a health care provider that is not a hospital or ambulatory surgery center to submit uniform patient billing forms.

(c) A health care provider that is not a hospital or ambulatory surgery center may not submit any of the following to the department under the requirements of this chapter:

1. The data elements specified under sub. (3) (b).

2. The patient's telephone number.

3. The insured's employer's name or school name.

4. Data regarding insureds other than the patient, other than the payer category code under sub. (3m).

5. The patient's employer's name or school name.

6. The patient's relationship to the insured.

7. The insured's identification number.

8. The insured's policy or group number.

9. The insured's date of birth or sex.

10. The patient's marital, employment or student status.

(d) If a health care provider that is not a hospital or ambulatory surgery center submits a data element that is specified in par. (c) 1. to 10., the department shall immediately return this information to the health care provider or, if discovered later, shall remove and destroy the information.

(e) A health care provider may not submit information that uses any of the following as a patient account number:

1. The patient's social security number or any substantial portion of the patient's social security number.

2. A number that is related to another patient identifying number.

9,2280r Section 2280r. 153.55 of the statutes is amended to read:

153.55 Protection of health care provider confidentiality. Health care provider-identifiable data Data obtained under this chapter is not subject to inspection, copying or receipt under s. 19.35 (1).

9,2281 Section 2281. 153.60 (1) of the statutes is amended to read:

153.60 (1) The 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 department and the board for that fiscal year for data collection, data base development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) and maintaining the board. The department shall assess the estimated total amount for that fiscal year less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (1) (4) (hi) during the fiscal year, the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (1) (4) (hi) from the prior fiscal year and the amount in the appropriation account under s. 20.435 (1) (dg) for the fiscal year, to health care providers who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per 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. 20.435 (1) (4) (hg).

9,2282 Section 2282. 153.60 (3) of the statutes is amended to read:

153.60 (3) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures required for the collection, database development and maintenance and generation of public data files and standard reports for health care plans that voluntarily agree to supply health care data under s. 153.05 (6r). The department shall assess the estimated total amount for that fiscal year to health care plans in a manner specified by the department by rule and may enter into an agreement with the office of the commissioner of insurance for collection of the assessments. Each health plan that voluntarily agrees to supply this information shall pay the assessments on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (4) (hg) and may be used solely for the purposes of s. 153.05 (6r).

9,2283 Section 2283. 153.65 of the statutes is amended to read:

153.65 Provision of special information; user fees. The department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The 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. 20.435 (1) (4) (hi).

9,2283g Section 2283g. 153.67 of the statutes is created to read:

153.67 Independent review board. The independent review board shall review any request under s. 153.45 (1) (c) for data elements other than those available for public use data files under s. 153.45 (1) (b). Unless the independent review board approves such a request or unless independent review board approval is not required under rules of the department promulgated under s. 153.45 (1) (c) (intro.), the data elements requested may not be released.

9,2283h Section 2283h. 153.76 of the statutes is created to read:

153.76 Rule-making by the independent review board. Notwithstanding s. 15.01 (1r), the independent review board may promulgate only those rules that are first reviewed and approved by the board on health care information.

9,2283i Section 2283i. 153.85 of the statutes is amended to read:

153.85 Civil liability. Any Except as provided in s. 153.86, any person violating s. 153.50 or rules promulgated under s. 153.75 (1) (a) is 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.

9,2283j Section 2283j. 153.86 of the statutes is created to read:

153.86 Immunity from liability. (1) A health care provider that submits information to the department under this chapter is immune from civil liability for all of the following:

(a) Any act or omission of an employe, official or agent of the health care provider that results in the release of a prohibited data element while submitting data to the department.

(b) Any act or omission of the department that results in the release of data.

(2) The immunity provided under this section does not apply to intentional, wilful or reckless acts or omissions by health care providers.

9,2283k Section 2283k. 153.90 (1) of the statutes is amended to read:

153.90 (1) Whoever intentionally violates s. 153.45 (5) or 153.50 or rules promulgated under s. 153.75 (1) (a) may be fined not more than $10,000 $15,000 or imprisoned for not more than 9 months one year in the county jail or both.

9,2283m Section 2283m. 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, that meets the specifications established under s. 154.27 (1), or that is approved by the department under s. 154.27 (2), 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 order has not been revoked.

9,2283n Section 2283n. 154.19 (2) (b) of the statutes is renumbered 154.19 (2) (b) (intro.) and amended to read:

154.19 (2) (b) (intro.) After providing the information under par. (a), the attending physician, or the person directed by the attending physician, shall affix document in the patient's medical record the medical condition that qualifies the patient for the do-not-resuscitate order, shall make the order in writing and shall do one of the following, as requested by the qualified patient:

1. Affix to the wrist of the patient a do-not-resuscitate bracelet and document in the patient's medical record the medical condition that qualifies the patient for the do-not-resuscitate order that meets the specifications established under s. 154.27 (1).

9,2283p Section 2283p. 154.19 (2) (b) 2. of the statutes is created to read:

154.19 (2) (b) 2. Provide an order form from a commercial vendor approved by the department under s. 154.27 (2) to permit the patient to order a do-not-resuscitate bracelet from the commercial vendor.

9,2283q Section 2283q. 154.27 of the statutes is renumbered 154.27 (1) and amended to read:

154.27 (1) The department shall establish by rule a uniform standard for the size, color, and design of all do-not-resuscitate bracelets. The Except as provided in sub. (2), the rules shall require that the do-not-resuscitate bracelets include the inscription "Do Not Resuscitate"; the name, address, date of birth and gender of the patient; and the name, business telephone number and signature of the attending physician issuing the order.

9,2283r Section 2283r. 154.27 (2) of the statutes is created to read:

154.27 (2) The department may approve a do-not-resuscitate bracelet developed and distributed by a commercial vendor if the bracelet contains an emblem that displays an internationally recognized medical symbol on the front and the words "Wisconsin Do-Not-Resuscitate-EMS" and the qualified patient's first and last name on the back. The department may not approve a do-not-resuscitate bracelet developed and distributed by a commercial vendor if the vendor does not require a doctor's order for the bracelet prior to distributing it to a patient.

9,2283rm Section 2283rm. 155.01 (6) of the statutes is amended to read:

155.01 (6) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09 , 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

9,2283t Section 2283t. 157.065 (3) of the statutes is renumbered 157.065 (3) (a).

9,2283u Section 2283u. 157.065 (3) (b) of the statutes is created to read:

157.065 (3) (b) Any private military academy that provides an educational program for grades 7 to 12 in a 4th class city may establish a private cemetery within the city on land that the military academy owns, if the common council consents. No mausoleum within a cemetery established under this paragraph may exceed 3,500 square feet in area.

9,2288b Section 2288b. 165.755 (1) (a) of the statutes is amended to read:

165.755 (1) (a) Except as provided in par. (b), beginning on October 14, 1997, a court shall impose a crime laboratories and drug law enforcement assessment of $4 $5 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.

9,2288f Section 2288f. 165.76 (1) (a) of the statutes is amended to read:

165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

9,2288g Section 2288g. 165.76 (1) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

165.76 (1) (a) Is in a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

9,2288h Section 2288h. 165.76 (1) (ag) of the statutes is created to read:

165.76 (1) (ag) Is in prison on or after August 12, 1993, and before January 1, 2000, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

9,2288i Section 2288i. 165.76 (1) (ar) of the statutes is created to read:

165.76 (1) (ar) Is in prison on or after January 1, 2000, for a felony committed in this state.

9,2288L Section 2288L. 165.76 (1) (e) of the statutes is amended to read:

165.76 (1) (e) Is released on parole or extended supervision or placed on probation in another state before January 1, 2000, and is on parole, extended supervision or probation in this state from another the other state under s. 304.13 or 304.135 on or after July 9, 1996, for a violation of the law of another the other state that the department of corrections determines, under s. 304.137 (1), is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

9,2288m Section 2288m. 165.76 (1) (f) of the statutes is created to read:

165.76 (1) (f) Is released on parole or extended supervision or placed on probation in another state on or after January 1, 2000, and is on parole, extended supervision or probation in this state from the other state under s. 304.13 or 304.135 for a violation of the law of the other state that the department of corrections determines, under s. 304.137 (2), would constitute a felony if committed by an adult in this state.

9,2289d Section 2289d. 165.76 (2) (b) 2. of the statutes is amended to read:

165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or , a secured child caring institution or a secured group home, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, extended supervision or aftercare supervision, as directed by his or her probation, extended supervision and parole agent or aftercare agent, except that the department of corrections or the county department under s. 46.215, 46.22 or 46.23 operating the secured group home in which the person is placed may require the person to provide the specimen while he or she is in prison or in a the secured correctional facility or a, secured child caring institution or secured group home.

9,2289t Section 2289t. 165.842 of the statutes is created to read:

165.842 Motor vehicle stops; collection of information; annual report. (1) Definitions. In this section:

(a) "Department" means the department of justice.

(b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

(c) "Law enforcement officer" means a person who is employed by a law enforcement agency for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.

(d) "Motor vehicle stop" means the stop of a motor vehicle that is traveling in any public or private place, or the detention of an occupied motor vehicle that is already stopped in any public or private place, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town or county ordinance.

(2) Information collection required. All persons in charge of law enforcement agencies shall obtain, or cause to be obtained, all of the following information with respect to each motor vehicle stop made on or after January 1, 2001, by a law enforcement officer employed by the law enforcement agency:

(a) The reason the law enforcement officer stopped the motor vehicle.

(b) The age, gender and race or ethnicity of the driver of the motor vehicle.

(c) The number of persons in the motor vehicle.

(d) Whether a search was conducted of the motor vehicle, the driver of the motor vehicle or any passenger in the motor vehicle, and for each search conducted all of the following information: