Amendment SSA2-SB315

SB315-SSA2,26,8 2. Furnishing personal medical information to an insurer or insurance support organization in accordance with this section.

SB315-SSA2,26,10 (b) Paragraph (a) does not apply to the disclosure or furnishing of false information with malice or intent to injure any person.

SB315-SSA2,26,14 (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.

SB315-SSA2, s. 62 Section 62. 895.505 of the statutes is created to read:

SB315-SSA2,26,17 895.505 Storage and disposal of records containing personal information. (1) Definitions. In this section:

SB315-SSA2,26,20 (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.

SB315-SSA2,26,22 (b) "Destruction" means, with respect to a record, permanently rendering the personal information contained in the record incapable of being read.

SB315-SSA2,26,24 (c) "Disposal" means, with respect to a record, ceasing to have control over access to the record.

SB315-SSA2,27,3 (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.

SB315-SSA2,27,6 (e) "Personally identifiable" means capable of being associated with a particular individual through one or more identifiers or other information or circumstances.

SB315-SSA2,27,9 (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.

SB315-SSA2,27,13 (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.

SB315-SSA2,27,16 (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:

SB315-SSA2,27,18 (a) Prior to the disposal of the record, the business shreds, erases or otherwise modifies the record to make the personal information unreadable.

SB315-SSA2,27,21 (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.

SB315-SSA2,27,24 (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.

SB315-SSA2, s. 63 Section 63. 943.30 (5) of the statutes is created to read:

SB315-SSA2,28,2 943.30 (5) (a) In this subsection, "patient health care records" has the meaning given in s. 146.81 (4).

SB315-SSA2,28,7 (b) Whoever, orally or by any written or printed communication, maliciously uses, or threatens to use, the patient health care records of another person, with intent thereby to extort money or any pecuniary advantage, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class D felony.

SB315-SSA2, s. 64 Section 64. Nonstatutory provisions; administration.

SB315-SSA2,28,13 (1) Interagency coordinating council member. Notwithstanding the length of terms of members specified in section 15.107 (7) (intro.) of the statutes, the member appointed to the interagency coordinating council under section 15.107 (7) (g) of the statutes, as created by this act, shall serve for an initial term that expires on July 1, 2003.

SB315-SSA2, s. 65 Section 65. Nonstatutory provisions; health and family services.

SB315-SSA2,28,24 (1) Report and plan on charity care and bad debt services. The department of health and family services shall prepare a report on the feasibility of requiring major health care providers, other than hospitals, to report annually on the services provided as either charity care or bad debt services and to file an annual plan on projected services that will be provided as either charity care or bad debt services, in the same manner as the annual report and plan by hospitals under section 153.20 of the statutes, as affected by this act. By the first day of the 7th month after publication of this act, the department shall submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes, to the board on health care information and to the governor.

SB315-SSA2,29,5 (2) Board on health care information member. Notwithstanding the length of terms specified for the members of the board on health care information under section 15.195 (6) of the statutes, as affected by this act, the 10th initial member appointed under that subsection shall be appointed for a term expiring on May 1, 2002.

SB315-SSA2, s. 66 Section 66. Initial applicability.

SB315-SSA2,29,9 (1) Board on health care information. The treatment of section 15.07 (1) (b) 21. of the statutes first applies to persons appointed to the board on health care information on the effective date of this subsection.

SB315-SSA2,29,16 (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.

SB315-SSA2, s. 67 Section 67. Effective dates. This act takes effect on the day after publication, except as follows:

SB315-SSA2,29,20 (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.

SB315-SSA2,29,22 (2) The treatment of section 895.505 of the statutes takes effect on the first day of the 4th month beginning after publication.

SB315-SSA2,29,23 (End)