Amendment AA1-ASA1-AB552

AB552-ASA1-AA1,10,5 (e) Is made for purposes of pursuing a contribution or subrogation claim.

AB552-ASA1-AA1,10,9 (f) Is made to a professional peer review organization, bill review organization, health care provider or medical consultant or reviewer for the purpose of reviewing the services, fees, treatment or conduct of a medical care institution or health care provider.

AB552-ASA1-AA1,10,11 (g) Is made to a medical care institution or health care provider for any of the following purposes:

AB552-ASA1-AA1,10,12 1. Verifying insurance coverage or benefits.

AB552-ASA1-AA1,10,14 2. Conducting an operations or services audit to verify the individuals treated by the health care provider or at the medical care institution.

AB552-ASA1-AA1,10,19 (h) Is made to a network plan that is offered by an insurer in order to make arrangements for coordinated health care in which personal medical information concerning an individual is available for providing treatment, making payment for health care under the plan and undertaking such plan operations as are necessary to fulfill the contract for provision of coordinated health care.

AB552-ASA1-AA1,10,23 (i) Is made to a group policyholder for the purpose of reporting claims experience or conducting an audit of the insurer's operations or services. Disclosure may be made under this paragraph only if the disclosure is reasonably necessary for the group policyholder to conduct the review or audit.

AB552-ASA1-AA1,11,3 (j) Is made for purposes of enabling business decisions to be made regarding the purchase, transfer, merger, reinsurance or sale of all or part of an insurance business.

AB552-ASA1-AA1,11,8 (k) Is made for purposes of actuarial or research studies or for accreditation or auditing. With respect to a disclosure made under this paragraph, any materials that allow for the identification of an individual must be returned to the insurer or destroyed as soon as reasonably practicable, and no individual may be identified in any actuarial, research, accreditation or auditing report.

AB552-ASA1-AA1,11,10 (L) Is made to the insurer's legal representative for purposes of claims review or legal advice or defense.

AB552-ASA1-AA1,11,11 (6) Immunity. (a) A person is not liable to any person for any of the following:

AB552-ASA1-AA1,11,12 1. Disclosing personal medical information in accordance with this section.

AB552-ASA1-AA1,11,14 2. Furnishing personal medical information to an insurer or insurance support organization in accordance with this section.

AB552-ASA1-AA1,11,16 (b) Paragraph (a) does not apply to the disclosure or furnishing of false information with malice or intent to injure any person.

AB552-ASA1-AA1,11,20 (7) Obtaining information under false pretenses. Any person who knowingly and wilfully obtains information about an individual from an insurer or insurance support organization under false pretenses may be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.

AB552-ASA1-AA1, s. 56s Section 56s. 895.505 of the statutes is created to read:

AB552-ASA1-AA1,11,23 895.505 Storage and disposal of records containing personal information. (1) Definitions. In this section:

AB552-ASA1-AA1,12,3 (a) "Business" means an organization or enterprise, whether or not operated for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company or association.

AB552-ASA1-AA1,12,5 (b) "Destruction" means, with respect to a record, permanently rendering the personal information contained in the record incapable of being read.

AB552-ASA1-AA1,12,7 (c) "Disposal" means, with respect to a record, ceasing to have control over access to the record.

AB552-ASA1-AA1,12,10 (d) "Personal information" means personally identifiable data about the medical or financial condition of a state resident that is not generally considered to be public knowledge, including the individual's social security number.

AB552-ASA1-AA1,12,13 (e) "Personally identifiable" means capable of being associated with a particular individual through one or more identifiers or other information or circumstances.

AB552-ASA1-AA1,12,16 (f) "Record" means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.

AB552-ASA1-AA1,12,20 (2) Storage of records containing personal information. Prior to the disposal of a record under sub. (3), a business shall take all actions that it reasonably believes to be necessary to prevent unauthorized persons from obtaining access to personal information contained in the record.

AB552-ASA1-AA1,12,23 (3) Disposal of records containing personal information. A business may not dispose of a record containing personal information unless it does at least one of the following:

AB552-ASA1-AA1,12,25 (a) Prior to the disposal of the record, the business shreds, erases or otherwise modifies the record to make the personal information unreadable.

AB552-ASA1-AA1,13,3 (b) The business takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the record for the period between the record's disposal and the record's destruction.

AB552-ASA1-AA1,13,6 (4) Cause of action. Notwithstanding s. 814.04 (1), a business that violates sub. (2) or (3) is liable to any person damaged by the violation for the amount of damages and for reasonable attorney fees.".

AB552-ASA1-AA1,13,8 4. Page 16, line 17: before "Section" insert "Board on health care information.".

AB552-ASA1-AA1,13,9 5. Page 16, line 19: delete "act" and substitute "subsection".

AB552-ASA1-AA1,13,10 6. Page 16, line 19: after that line insert:

AB552-ASA1-AA1,13,17 "(2) Disclosure by insurers of personal medical information. If a contract that is affected by section 610.70 of the statutes, as created by this act, that is in effect on the first day of the 13th month beginning after publication and that was not issued or renewed after the effective date of this subsection contains terms or provisions that are inconsistent with the requirements under section 610.70 of the statutes, as created by this act, the treatment of sections 51.30 (4) (a), 146.82 (2) (b) and 610.70 of the statutes first applies to that contract upon renewal.

AB552-ASA1-AA1, s. 61m Section 61m. Effective dates. This act takes effect on the day after publication, except as follows:

AB552-ASA1-AA1,13,21 (1) The treatment of sections 51.30 (4) (a), 146.82 (2) (b) and 610.70 of the statutes takes effect on the first day of the 13th month beginning after publication.

AB552-ASA1-AA1,13,23 (2) The treatment of section 895.505 of the statutes takes effect on the first day of the 4th month beginning after publication.".

AB552-ASA1-AA1,13,24 (End)