Amendment ASA1-AB100

AB100-ASA1, s. 2283 Section 2283. 153.35 (intro.) of the statutes is amended to read:

AB100-ASA1,1368,2 153.35 (title) Report by the office department. (intro.) The office department shall annually, by October 1, under rules promulgated by the commissioner department, submit under s. 13.172 (3) a report to the legislature for distribution to standing committees with jurisdiction over health matters, that shall include all of the following:

AB100-ASA1, s. 2284 Section 2284. 153.35 (1) of the statutes is amended to read:

AB100-ASA1,1368,6 153.35 (1) The range, median and mean of charges and increases or decreases in specific charges by hospitals for up to 100 charge elements, as selected by the office department, as reported to the office department under s. 153.05 (1) (c) 1.

AB100-ASA1, s. 2285 Section 2285. 153.40 (1) of the statutes is amended to read:

AB100-ASA1,1368,14 153.40 (1) Prior to data submission, hospitals, ambulatory surgery centers or other health care providers shall review discharge data for accuracy and shall obtain verification by the physician of the principal and secondary diagnoses and primary and secondary procedures. The verification shall occur within the time specified by rules promulgated by the commissioner department for data submission to the office department. If the verification is not made on a timely basis, the hospital or other health care provider shall submit the data noting the lack of verification.

AB100-ASA1, s. 2286 Section 2286. 153.40 (2) of the statutes is amended to read:

AB100-ASA1,1368,23 153.40 (2) The office department shall be responsible for assuring that appropriate editing is conducted for all submitted data to identify systematic errors, missing data, values beyond an allowed range, illegal codes within a range, illogical sequence of dates, diagnoses and procedures inconsistent with age and sex, other data failing internal consistency checks and other patterns inconsistent with what would be expected. The office department shall notify hospitals, ambulatory surgery centers or, beginning April 1, 1992, other health care providers of missing or incorrect information under this subsection.

AB100-ASA1, s. 2287 Section 2287. 153.40 (3) of the statutes is amended to read:

AB100-ASA1,1369,4 153.40 (3) Hospitals, ambulatory surgery centers or, beginning April 1, 1992, other health care providers shall be responsible for resolving the errors found by the editing under sub. (2) and shall resubmit corrected data within 10 working days after receiving written notification from the office department of the errors.

AB100-ASA1, s. 2288 Section 2288. 153.40 (4) of the statutes is amended to read:

AB100-ASA1,1369,8 153.40 (4) The office department shall send edited and corrected data to hospitals, ambulatory surgery centers or, beginning April 1, 1992, other health care providers for a 10-working-day review period before the data are released.

AB100-ASA1, s. 2289 Section 2289. 153.40 (5) of the statutes is amended to read:

AB100-ASA1,1369,13 153.40 (5) The office department may, by rules promulgated by the commissioner department, require that other forms of data verification, including reabstracting studies and comparisons with information collected from other data systems, be conducted prior to the release of physician-specific data.

AB100-ASA1, s. 2290 Section 2290. 153.40 (6) of the statutes is amended to read:

AB100-ASA1,1369,23 153.40 (6) At least 30 calendar days prior to the release of a report under s. 153.25, the office department shall notify a physician, hospital or other health care provider identified in the report of the office's department's intent to release the report. The notification shall include a copy of the draft report and a statement that those identified may submit comments on the report to the office department. If the office department receives comments prior to the release of the report, the office department shall append the comments to the report. If the office department receives comments after the report is released, the office department shall make the comments available to anyone requesting the comments.

AB100-ASA1, s. 2291 Section 2291. 153.45 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1370,2 153.45 (1) (intro.)  After completion of data verification and review procedures under s. 153.40, the office department shall release data in the following forms:

AB100-ASA1, s. 2292 Section 2292. 153.45 (1) (b) of the statutes is amended to read:

AB100-ASA1,1370,8 153.45 (1) (b) Public use tapes which do not permit the identification of specific patients, physicians, employers or other health care providers, as defined by rules promulgated by the commissioner department. The identification of these groups shall be protected by all necessary means, including the deletion of patient identifiers and the use of calculated variables and aggregated variables.

AB100-ASA1, s. 2293 Section 2293. 153.45 (2) of the statutes is amended to read:

AB100-ASA1,1370,12 153.45 (2) The office department shall provide to other entities the data necessary to fulfill their statutory mandates for epidemiological purposes or to minimize the duplicate collection of similar data elements.

AB100-ASA1, s. 2294 Section 2294. 153.45 (3) of the statutes is amended to read:

AB100-ASA1,1370,16 153.45 (3) The office department shall release physician-specific and employer-specific data, except in public use tapes as specified under sub. (1) (b), in a manner that is specified in rules promulgated by the commissioner department.

AB100-ASA1, s. 2295 Section 2295. 153.50 of the statutes is amended to read:

AB100-ASA1,1371,4 153.50 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.

AB100-ASA1, s. 2296 Section 2296. 153.60 (title) of the statutes is amended to read:

AB100-ASA1,1371,7 153.60 (title) Assessments to fund operations of office department and board.

AB100-ASA1, s. 2297 Section 2297. 153.60 (1) of the statutes is amended to read:

AB100-ASA1,1371,20 153.60 (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).

AB100-ASA1, s. 2298 Section 2298. 153.60 (2) of the statutes is amended to read:

AB100-ASA1,1371,25 153.60 (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).

AB100-ASA1, s. 2299 Section 2299. 153.65 of the statutes is amended to read:

AB100-ASA1,1372,9 153.65 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).

AB100-ASA1, s. 2300 Section 2300. 153.75 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1372,12 153.75 (1) (intro.) Following approval by the board, the commissioner department shall promulgate the following rules:

AB100-ASA1, s. 2301 Section 2301. 153.75 (1) (b) of the statutes is amended to read:

AB100-ASA1,1372,16 153.75 (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.

AB100-ASA1, s. 2302 Section 2302. 153.75 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1372,19 153.75 (2) (intro.) With the approval of the board, the commissioner department may promulgate all of the following rules:

AB100-ASA1, s. 2303 Section 2303. 153.75 (2) (c) of the statutes is amended to read:

AB100-ASA1,1372,23 153.75 (2) (c) Providing for the efficient collection, analysis and dissemination of health care information which the office department may require under this chapter.

AB100-ASA1, s. 2304 Section 2304. 153.90 (3) of the statutes is amended to read:

AB100-ASA1,1373,7 153.90 (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.

AB100-ASA1, s. 2305 Section 2305. 165.25 (3r) of the statutes is amended to read:

AB100-ASA1,1373,12 165.25 (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).

AB100-ASA1, s. 3096m Section 3096m. 165.30 (1m) of the statutes is created to read:

AB100-ASA1,1373,16 165.30 (1m) Generally. The department of justice shall represent the interests of and furnish legal services to departments relating to the collection of obligations.

AB100-ASA1, s. 2306 Section 2306. 165.70 (3m) of the statutes is amended to read:

AB100-ASA1,1373,20 165.70 (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.

AB100-ASA1, s. 2307 Section 2307. 165.72 (7) of the statutes is amended to read:

AB100-ASA1,1373,24 165.72 (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).

AB100-ASA1, s. 2308 Section 2308. 165.755 of the statutes is created to read:

AB100-ASA1,1374,5 165.755 Crime laboratories and drug law enforcement assessment. (1) (a) Except as provided in par. (b), beginning on October 1, 1997, 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.

AB100-ASA1,1374,9 (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).

AB100-ASA1,1374,13 (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.

AB100-ASA1,1374,17 (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.

AB100-ASA1,1374,21 (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).

AB100-ASA1,1375,2 (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.

AB100-ASA1,1375,7 (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.

AB100-ASA1,1375,10 (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).

AB100-ASA1, s. 3116m Section 3116m. 166.03 (2) (a) 5. of the statutes is amended to read:

AB100-ASA1,1375,18 166.03 (2) (a) 5. Provide assistance to the Wisconsin wing of the civil air patrol from the appropriation under s. 20.465 (3) (q) (f) for the purpose of enabling the patrol to perform its assigned missions and duties as prescribed by U.S. air force regulations. Expenses eligible for assistance are aircraft acquisition and maintenance, communications equipment acquisition and maintenance and office staffing and operational expenses. The civil air patrol shall submit vouchers for expenses eligible for assistance to the division.

AB100-ASA1, s. 3116s Section 3116s. 166.20 (2) (bg) of the statutes is amended to read:

AB100-ASA1,1375,22 166.20 (2) (bg) Promulgate rules establishing an amount not to exceed $6,000 that may be an eligible cost for computers in an emergency planning grant under s. 166.21 (2) (bm) (br).

AB100-ASA1, s. 2309 Section 2309. 166.20 (7) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1376,3 166.20 (7) (a) (intro.) The board shall establish, by rule, the following fees at levels designed to fund the board's administrative expenses and the grants under s. 166.21 and to repay the amount expended under s. 20.465 (3) (d):

AB100-ASA1, s. 3117d Section 3117d. 166.21 (2) (bm) of the statutes is repealed.

AB100-ASA1, s. 3117f Section 3117f. 166.21 (2) (br) of the statutes is amended to read:

AB100-ASA1,1376,10 166.21 (2) (br) Subject to sub. (2m), for grant applications submitted during the period after May 31, 1995, and before September 1, 1997, 80% of the costs of computers and emergency response equipment, but not to exceed $10,000. In-kind contributions may be used to meet the committee's contribution under this paragraph.

AB100-ASA1, s. 3117h Section 3117h. 166.21 (2m) (intro.) of the statutes is amended to read:

AB100-ASA1,1376,15 166.21 (2m) Strategic plan. (intro.) A committee is eligible for grant funds under sub. (2) (bm) (br) for emergency response equipment only if it submits to the board a strategic plan for emergency response to hazardous substance releases that includes all of the following:

AB100-ASA1, s. 3117m Section 3117m. 166.215 (1) of the statutes is amended to read:

AB100-ASA1,1377,3 166.215 (1) The board shall contract with no fewer than 7 and no more than 9 regional emergency response teams, each of which will assist in the emergency response to level A releases in a region of this state designated by the board. The board shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The board may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. A contract under this subsection may provide for payments to the regional emergency response team in addition to the reimbursement provided in sub. (2). Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).

AB100-ASA1, s. 3117p Section 3117p. 166.215 (2) of the statutes is amended to read:

AB100-ASA1,1377,14 166.215 (2) The board shall reimburse a regional emergency response team for costs incurred by the team in responding to a level A release under sub. (1). Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (rg) and (rt) (dr). Reimbursement is available under s. 20.465 (3) (rt) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

AB100-ASA1, s. 3117r Section 3117r. 166.215 (5) of the statutes is created to read:

AB100-ASA1,1378,9 166.215 (5) The board shall notify the joint committee on finance in writing, before entering into a new contractual agreement under sub. (1) or renewing or extending a contractual agreement under sub. (1), of the specific funding commitment involved in that proposed new, renewed or extended contract. The board shall include in that notification information regarding any anticipated contractual provisions that involve state fiscal commitments for each fiscal year in the proposed new, renewed or extended contract. The board may enter into a new contractual agreement or renew or extend a contractual agreement, as proposed in the notification to the joint committee on finance, if within 14 working days after notification the committee does not schedule a meeting to review the board's proposed action. If, within 14 working days after notification to the joint committee on finance, the committee notifies the board that the committee has scheduled a meeting to review the board's proposed action, the board may enter into the proposed new contact or renew or extend the contract as proposed only if the committee approves that action. Notwithstanding s. 13.10, the board may include in its notification to the joint committee on finance a request for approval of any increase in the amount of money in the appropriation account under s. 20.465 (3) (dd) necessary to provide sufficient money for the proposed new, renewed or extended contracts under sub. (1).

AB100-ASA1, s. 3117t Section 3117t. 166.22 (3m) of the statutes is amended to read:

AB100-ASA1,1378,20 166.22 (3m) The board shall reimburse a local emergency response team for costs incurred by the team in responding to a hazardous substance discharge under sub. (3). Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (rt) (dr). Reimbursement is available under s. 20.465 (3) (rt) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

AB100-ASA1, s. 2310 Section 2310. 168.01 of the statutes is renumbered 168.01 (intro.) and amended to read:

AB100-ASA1,1378,23 168.01 (title) Definition Definitions. (intro.) In this chapter "department":

AB100-ASA1,1378,24 (1) "Department" means the department of commerce.

AB100-ASA1, s. 2311 Section 2311. 168.01 (2) of the statutes is created to read:

AB100-ASA1,1379,13 168.01 (2) "Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. "Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. "Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. "Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement. "Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.

AB100-ASA1, s. 3119m Section 3119m. 168.11 (1) (b) 2. of the statutes is amended to read:

AB100-ASA1,1379,22 168.11 (1) (b) 2. A device that dispenses, for sale at retail, a reformulated gasoline, as defined in s. 285.37 (1), that contains an oxygenate other than ethanol shall be marked or labeled with the identity of the oxygenate at all times when the product is offered for sale. The label shall identify the oxygenate as "methyl tertiary butyl ether (MTBE)" or "ethyl tertiary butyl ether (ETBE)" or, if the reformulated gasoline contains another oxygenate or a combination of oxygenates, the label shall identify the oxygenate or oxygenates in the manner specified by the department by rule.

AB100-ASA1, s. 2312 Section 2312. 168.12 (1) of the statutes is amended to read:

AB100-ASA1,1380,6 168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products that are received, as defined in s. 78.07, by a supplier, as defined in s. 78.005 (14), for sale in this state or for sale for export to this state. The department of revenue shall determine when a petroleum product is received under this subsection in the same manner that it determines under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.