(b) Biennially, the group specified under s. 153.01 (4j) (b) shall review the entity's performance, including the timeliness and quality of the reports generated by the entity. If the group is dissatisfied with the entity's performance, the group may recommend to the department of administration that that department use a competitive request-for-proposal process to solicit offers from other organizations for performance of the services. If no organization responds to the request for proposal, the department of health and family services shall perform the services specified for the entity with respect to the collection, analysis, and dissemination of health care information of hospitals and ambulatory surgery centers under this chapter.
(c) By April 1,
2004, and annually thereafter , the secretary of health and family services
, as chairperson of the group specified under s. 153.01 (4j) (b), shall submit to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), a report concerning the content and number of reports and currency of information and reports generated in the previous calendar year by the entity under contract under s. 153.05 (2m).
33,2092g
Section 2092g. 153.05 (3) of the statutes is renumbered 153.05 (3) (a) and amended to read:
153.05 (3) (a) Upon request of the department for health care information relating to health care providers other than hospitals and ambulatory surgery centers, state agencies shall provide that health care information to the department for use in preparing reports under this chapter.
33,2092h
Section 2092h. 153.05 (3) (b) of the statutes is created to read:
153.05 (3) (b) Upon request of the entity under contract under sub. (2m) (a) for health care information relating to hospitals and ambulatory surgery centers, state agencies shall provide that health care information to the entity for use in preparing reports under this chapter.
33,2092i
Section 2092i. 153.05 (5) of the statutes is renumbered 153.05 (5) (a) and amended to read:
153.05 (5) (a) Unless sub. (13)
(a) applies, the department may require health care providers other than hospitals and ambulatory surgery centers to submit to the department information specified by rule under s. 153.75 (1) (n) for the preparation of reports, plans, and recommendations in the form specified by the department by rule.
33,2092j
Section 2092j. 153.05 (5) (b) of the statutes is created to read:
153.05 (5) (b) Unless sub. (13)
(b) applies, the entity under contract under sub. (2m) (a) may require hospitals and ambulatory surgery centers to submit to the entity information for the preparation of reports, plans, and recommendations in the form specified by the entity.
33,2092k
Section 2092k. 153.05 (6) of the statutes is amended to read:
153.05 (6) The department may contract with a public or private entity organization that is not a major purchaser, payer or provider of health care services in this state for the provision of data processing services for the collection, analysis and dissemination of health care information under sub. (1) (a).
33,2092L
Section 2092L. 153.05 (6r) of the statutes is amended to read:
153.05 (6r) The department shall study and, based on the results of the study, may develop and implement a voluntary system of health care plan reporting that enables purchasers and consumers to assess the performance of health care plans and the health care providers, other than hospitals and ambulatory surgery centers, that are employed or reimbursed by the health care plans. The department shall undertake the study and any development and implementation in cooperation with private health care purchasers, the board, the department of employee trust funds, the office of the commissioner of insurance, the interagency coordinating council created under s. 15.107 (7), major associations of health care providers, health care plans and consumers. If implemented, the department shall operate the system in a manner so as to enable purchasers, consumers, the public, the governor and legislators to assess the performance of health care plans and health care providers other than hospitals and ambulatory surgery centers.
33,2093bg
Section 2093bg. 153.05 (8) of the statutes is renumbered 153.05 (8) (a) and amended to read:
153.05 (8) (a) Unless sub. (13)
(a) applies, the department shall collect, analyze and disseminate, in language that is understandable to lay persons laypersons, claims information and other health care information, as adjusted for case mix and severity, under the provisions of this chapter, as determined by rules promulgated by the department, from health care providers, other than hospitals and ambulatory surgery centers, specified by rules promulgated by the department. Data from those health care providers may be obtained through sampling techniques in lieu of collection of data on all patient encounters and data collection procedures shall minimize unnecessary duplication and administrative burdens. If the department collects health care provider-specific data from health care plans data that is specific to health care providers other than hospitals and ambulatory surgery centers, the department shall attempt to avoid collecting the same data from those health care providers.
33,2093bh
Section 2093bh. 153.05 (8) (b) of the statutes is created to read:
153.05 (8) (b) Unless sub. (13)
(b) applies, the entity under contract under sub. (2m) (a) shall collect, analyze, and disseminate, in language that is understandable to laypersons, claims information and other health care information, as adjusted for case mix and severity, under the provisions of this chapter, from hospitals and ambulatory surgery centers. Data from hospitals and ambulatory surgery centers may be obtained through sampling techniques in lieu of collection of data on all patient encounters, and data collection procedures shall minimize unnecessary duplication and administrative burdens.
33,2093c
Section 2093c. 153.05 (9) of the statutes is renumbered 153.05 (9) (a) and amended to read:
153.05 (9) (a) The department shall provide orientation and training to health care providers, other than hospitals and ambulatory surgery centers, who submit data under this chapter, to explain the process of data collection and analysis and the procedures for data verification, comment, interpretation, and release.
33,2093d
Section 2093d. 153.05 (9) (b) of the statutes is created to read:
153.05 (9) (b) The entity under contract under sub. (2m) (a) shall provide orientation and training to hospitals and ambulatory surgery centers that submit data under this chapter, to explain the process of data collection and analysis and the procedures for data verification, comment, interpretation, and release.
33,2093e
Section 2093e. 153.05 (12) of the statutes is renumbered 153.05 (12) (a).
33,2093f
Section 2093f. 153.05 (12) (b) of the statutes is created to read:
153.05 (12) (b) The entity under contract under sub. (2m) (a) shall, to the extent possible and upon request, assist members of the public in interpreting data in health care information disseminated by the entity.
33,2094c
Section 2094c. 153.05 (13) of the statutes is renumbered 153.05 (13) (a) and amended to read:
153.05 (13) (a) The department may waive the requirement under sub. (1) (a), (5)
(a), or (8) (a) for a health care provider, other than a hospital or ambulatory surgery center, who requests the waiver and presents evidence to the department that the requirement under sub. (1) (a), (5) (a), or (8) (a) is burdensome, under standards established by the department by rule. The department shall develop a form for use by a the health care provider in submitting a request under this subsection paragraph.
33,2094d
Section 2094d. 153.05 (13) (b) of the statutes is created to read:
153.05 (13) (b) The entity under contract under sub. (2m) (a) may waive the requirement under sub. (1) (b), (5) (b), or (8) (b) for a hospital or ambulatory surgery center that requests the waiver and presents evidence to the entity that the requirement under sub. (1) (b), (5) (b), or (8) (b) is burdensome. The entity shall develop a form for use by the hospital or ambulatory surgery center in submitting a request under this paragraph.
33,2094e
Section 2094e. 153.07 (1) of the statutes is amended to read:
153.07 (1) The board shall advise the department with regard to the collection, analysis and dissemination of health care information required of the department by this chapter.
33,2094f
Section 2094f. 153.07 (4) (b) of the statutes is amended to read:
153.07 (4) (b) Provide oversight on the standard reports required of the department under this chapter, including the reports report under
ss. 153.20 and s. 153.21 (1).
33,2094g
Section 2094g. 153.07 (4) (c) of the statutes is amended to read:
153.07 (4) (c) Develop the overall strategy and direction for implementation of the department's duties and powers under this chapter.
33,2094h
Section 2094h. 153.08 (5) of the statutes is created to read:
153.08 (5) The entity under contract under s. 153.05 (2m) (a) shall annually publish a hospital rate increase report that contains all of the following information:
(a) For each hospital that publishes a notice under sub. (4), all of the following:
1. The name of the hospital and the city, village, or town in which the hospital is located.
2. The date the rate increase is to take effect.
3. The annualized percentage rate increase that will result.
4. The geographic area of analysis in which the hospital is located.
(b) A list of hospitals that have closed since 1993.
33,2094i
Section 2094i. 153.10 of the statutes is renumbered 153.10 (1) and amended to read:
153.10 (1) The department shall prepare, and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), standard reports concerning health care providers other than hospitals and ambulatory surgery centers that the department prepares and shall collect information necessary for preparation of those reports.
33,2094j
Section 2094j. 153.10 (2) of the statutes is created to read:
153.10 (2) The entity under contract under s. 153.05 (2m) (a) shall prepare, and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), standard reports concerning hospitals and ambulatory surgery centers that the entity prepares and shall collect information necessary for preparation of those reports.
33,2094k
Section 2094k. 153.20 of the statutes is amended to read:
153.20 Uncompensated health care services report. (1) The department entity under contract under s. 153.05 (2m) (a) shall prepare, and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), an annual report setting forth the number of patients to whom uncompensated health care services were provided by each hospital and the total charges for the uncompensated health care services provided to the patients for the preceding year, together with the number of patients and the total charges that were projected by the hospital for that year in the plan filed under sub. (2).
(2) Every hospital shall file with the department entity under contract under s. 153.05 (2m) (a) an annual plan setting forth the projected number of patients to whom uncompensated health care services will be provided by the hospital and the projected total charges for the uncompensated health care services to be provided to the patients for the ensuing year.
33,2094L
Section 2094L. 153.21 of the statutes is renumbered 153.21 (1) and amended to read:
153.21 (1) The department shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) an annual guide to assist consumers in selecting health care providers
other than hospitals and ambulatory surgery centers and health care plans. The guide shall be written in language that is understandable to lay persons laypersons. The department shall widely publicize and distribute the guide to consumers.
33,2094m
Section 2094m. 153.21 (2) of the statutes is created to read:
153.21 (2) The entity under contract under s. 153.05 (2m) (a) shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) an annual guide to assist consumers in selecting hospitals and ambulatory surgery centers. The guide shall be written in language that is understandable to laypersons and shall include data derived from the annual survey of hospitals conducted by the American Hospital Association and the annual hospital fiscal survey. The entity shall widely publicize and distribute the guide to consumers.
33,2094n
Section 2094n. 153.22 of the statutes is created to read:
153.22 Patient-level data utilization, charge, and quality report. (1) The entity under contract under s. 153.05 (2m) (a) shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), an annual report that summarizes utilization, charge, and quality data on patients treated by hospitals and ambulatory surgery centers during the most recent calendar year.
33,2094q
Section 2094q. 153.45 (title) of the statutes is amended to read:
153.45 (title) Release of data by department.
33,2094r
Section 2094r. 153.45 (1) (b) 1. of the statutes is renumbered 153.46 (1) (b) and amended to read:
153.46 (1) (b) For information that is submitted by hospitals or ambulatory surgery centers, public use data files that do not permit the identification of specific patients, employers, or health care providers, as defined by rules promulgated by the department. The identification of patients, employers, or health care providers shall be protected by all necessary means, including the deletion of patient identifiers and the use of calculated variables and aggregated variables.
33,2094s
Section 2094s. 153.45 (1) (b) 2. of the statutes is renumbered 153.45 (1) (b), and 153.45 (1) (b) (intro.), as renumbered, is amended to read:
153.45 (1) (b) (intro.) For information that is submitted by health care providers other than hospitals or ambulatory surgery centers, public use data files that do not permit the identification of specific patients, employers, or health care providers, as defined by rules promulgated by the department. The identification of patients, employers, or health care providers shall be protected by all necessary means, including the deletion of patient identifiers; the use of calculated variables and aggregated variables; the specification of counties as to residence, rather than zip codes; the use of 5-year categories for age, rather than exact age; not releasing information concerning a patient's race or, ethnicity, or dates of admission, discharge, procedures, or visits; and masking sensitive diagnoses and procedures by use of larger diagnostic and procedure categories. Public use data files under this subdivision paragraph may include only the following:
33,2094t
Section 2094t. 153.45 (1) (c) (intro.) of the statutes is amended to read:
153.45 (1) (c) (intro.) Custom-designed reports containing portions of the data under par. (b). Of information submitted by health care providers that are not hospitals or ambulatory surgery centers, requests under this paragraph for data elements other than those available for public use data files under par. (b) 2., including the patient's month and year of birth, require review and approval by the independent review board before the data elements may be released. Information that contains the name of a health care provider that is not a hospital or ambulatory surgery center may be released only if the independent review board first reviews and approves the release or if the department promulgates rules that specify circumstances under which the independent review board need not review and approve the release. Reports under this paragraph may include the patient's zip code only if at least one of the following applies:
33,2094u
Section 2094u. 153.45 (2) of the statutes is amended to read:
153.45 (2) The department shall provide to other entities agencies or to organizations the data necessary to fulfill their statutory mandates for epidemiological purposes or to minimize the duplicate collection of similar data elements.
33,2094v
Section 2094v. 153.45 (3) of the statutes is amended to read:
153.45 (3) The department may, but is not required to, release health care provider-specific and employer-specific data that relates to health care providers other than hospitals and ambulatory surgery centers, except in public use data files as specified under sub. (1) (b), in a manner that is specified in rules promulgated by the department.
33,2094w
Section 2094w. 153.45 (5) of the statutes is amended to read:
153.45 (5) The department may not release any health care information that is subject to rules promulgated under s. 153.75 (1) (b) until the verification, comment and review procedures required under those rules have been complied with. Nothing in this subsection prohibits release of health care provider-specific information to the a health care provider
that is not a hospital or ambulatory surgery center, to whom the information relates is specific.
33,2094x
Section 2094x. 153.46 of the statutes is created to read:
153.46 Release of data by entity. (1) After completion of data verification, comment, and review procedures, the entity under contract under s. 153.05 (2m) (a) shall release data, together with comments, if any, in the following forms:
(a) Standard reports.
(c) Custom-designed reports containing portions of the data under par. (b). Reports under this paragraph may include the patient's zip code only if at least one of the following applies:
1. Other potentially identifying data elements are not released.
2. Population density is sufficient to mask patient identity.
3. Other potentially identifying data elements are grouped to provide population density sufficient to protect identity.
4. Multiple years of data elements are added to protect identity.
(1m) After completion of data verification and review procedures specified under s. 153.01 (4j), the entity may, but is not required to, release special data compilations.
(2) The entity under contract under s. 153.05 (2m) (a) shall provide to the department and to any other organization or agency the data necessary to fulfill the department's, organization's, or agency's statutory mandates for epidemiological purposes.
(3) The entity under contract under s. 153.05 (2m) (a) may, but is not required to, release hospital-specific, ambulatory surgery center-specific, and hospital or ambulatory surgery center employer-specific data, except in public use data files as specified under sub. (1) (b).
(4) The entity under contract under s. 153.05 (2m) (a) shall, as limited by this section and s. 153.50, provide equal access to the data collected and reports generated by the entity to all requesters that pay the fees under s. 153.65 (2).
(5) The entity under contract under s. 153.05 (2m) (a) shall provide to the department, without charge, claims and provider survey information that is requested by or required to be provided to the department.
(6) No person who purchases a data compilation or report under s. 153.65 (2) may release or sell the data sets so purchased
, except that the department may release data and information as part of reports created by the department .
33,2094y
Section 2094y. 153.50 (3) (intro.) of the statutes is amended to read:
153.50 (3) Departmental measures Measures to ensure protection of patient identity. (intro.) To ensure that the identity of patients is protected when information obtained by the department or by the entity under contract under s. 153.05 (2m) (a) is disseminated, the department and the entity shall do all of the following:
33,2095c
Section 2095c. 153.50 (3) (a) of the statutes is amended to read:
153.50 (3) (a) Aggregate any data element category containing small numbers, using. The department, in so doing, shall use procedures that are developed by the department and approved by the board and that follow commonly accepted statistical methodology.
33,2095d
Section 2095d. 153.50 (3) (b) (intro.) of the statutes is amended to read:
