Amendment CA1-ASA1-AB133

AB133-ASA1-CA1, s. 2280i Section 2280i. 153.50 (3) (b) 7. of the statutes is created to read:

AB133-ASA1-CA1,471,4 153.50 (3) (b) 7. The patient's account number, after use only as verification of data by the department.

AB133-ASA1-CA1, s. 2280j Section 2280j. 153.50 (3) (c) of the statutes is created to read:

AB133-ASA1-CA1,471,9 153.50 (3) (c) Develop, for use by purchasers of data under this chapter, a data use agreement that specifies data use restrictions, appropriate uses of data and penalties for misuse of data, and notify prospective and current purchasers of data of the appropriate uses.

AB133-ASA1-CA1, s. 2280k Section 2280k. 153.50 (3) (d) of the statutes is created to read:

AB133-ASA1-CA1,471,12 153.50 (3) (d) Require that a purchaser of data under this chapter sign and have notarized the data use agreement of the department specified in par. (c).

AB133-ASA1-CA1, s. 2280km Section 2280km. 153.50 (3m) of the statutes is created to read:

AB133-ASA1-CA1,471,18 153.50 (3m) Health care provider measures to ensure patient identity protection. A health care provider that is not a hospital or ambulatory surgery center shall, before submitting information required by the department under this chapter, convert to a payer category code as specified by the department any names of an insured's payer or other insured's payer.

AB133-ASA1-CA1, s. 2280kp Section 2280kp. 153.50 (4) (intro.) of the statutes is renumbered 153.50 (4) (a) (intro.) and amended to read:

AB133-ASA1-CA1,471,23 153.50 (4) (a) (intro.) Under Except as specified in par. (b), under the procedures specified in sub. (5), release of patient-identifiable data may be made only to any of the following:

AB133-ASA1-CA1, s. 2280kq Section 2280kq. 153.50 (4) (a) of the statutes is repealed.

AB133-ASA1-CA1, s. 2280kr Section 2280kr. 153.50 (4) (b) to (e) of the statutes are renumbered 153.50 (4) (a) 1. to 4.

AB133-ASA1-CA1, s. 2280ks Section 2280ks. 153.50 (4) (b) of the statutes is created to read:

AB133-ASA1-CA1,472,7 153.50 (4) (b) Of information submitted by health care providers that are not hospitals or ambulatory surgery centers, patient-identifiable data that contain a patient's date of birth may be released under par. (a) only under circumstances as specified by rule by the department.

AB133-ASA1-CA1, s. 2280ku Section 2280ku. 153.50 (5) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,472,12 153.50 (5) (a) (intro.) The department may not release or provide access to patient-identifiable data to a person authorized under sub. (4) (a) , (c), (d) or (e) unless the authorized person requests the department, in writing, to release the patient-identifiable data. The request shall include all of the following:

AB133-ASA1-CA1, s. 2280kv Section 2280kv. 153.50 (5) (a) 3. of the statutes is amended to read:

AB133-ASA1-CA1,472,16 153.50 (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.

AB133-ASA1-CA1, s. 2280kw Section 2280kw. 153.50 (5) (a) 4. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,472,20 153.50 (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:

AB133-ASA1-CA1, s. 2280kx Section 2280kx. 153.50 (5) (b) 3. of the statutes is amended to read:

AB133-ASA1-CA1,472,23 153.50 (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.".

AB133-ASA1-CA1,472,24 1295. Page 1170, line 22: after that line insert:

AB133-ASA1-CA1,473,1 " Section 2280p. 153.50 (6) of the statutes is renumbered 153.50 (6) (a).

AB133-ASA1-CA1, s. 2280q Section 2280q. 153.50 (6) (b), (c), (d) and (e) of the statutes are created to read:

AB133-ASA1-CA1,473,5 153.50 (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.

AB133-ASA1-CA1,473,8 (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:

AB133-ASA1-CA1,473,9 1. The data elements specified under sub. (3) (b).

AB133-ASA1-CA1,473,10 2. The patient's telephone number.

AB133-ASA1-CA1,473,11 3. The insured's employer's name or school name.

AB133-ASA1-CA1,473,13 4. Data regarding insureds other than the patient, other than the payer category code under sub. (3m).

AB133-ASA1-CA1,473,14 5. The patient's employer's name or school name.

AB133-ASA1-CA1,473,15 6. The patient's relationship to the insured.

AB133-ASA1-CA1,473,16 7. The insured's identification number.

AB133-ASA1-CA1,473,17 8. The insured's policy or group number.

AB133-ASA1-CA1,473,18 9. The insured's date of birth or sex.

AB133-ASA1-CA1,473,19 10. The patient's marital, employment or student status.

AB133-ASA1-CA1,473,23 (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.

AB133-ASA1-CA1,473,25 (e) A health care provider may not submit information that uses any of the following as a patient account number:

AB133-ASA1-CA1,474,2 1. The patient's social security number or any substantial portion of the patient's social security number.

AB133-ASA1-CA1,474,3 2. A number that is related to another patient identifying number.

AB133-ASA1-CA1, s. 2280r Section 2280r. 153.55 of the statutes is amended to read:

AB133-ASA1-CA1,474,7 153.55 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).".

AB133-ASA1-CA1,474,8 1296. Page 1172, line 14: after that line insert:

AB133-ASA1-CA1,474,9 " Section 2283g. 153.67 of the statutes is created to read:

AB133-ASA1-CA1,474,15 153.67 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.

AB133-ASA1-CA1, s. 2283h Section 2283h. 153.76 of the statutes is created to read:

AB133-ASA1-CA1,474,20 153.76 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.

AB133-ASA1-CA1, s. 2283i Section 2283i. 153.85 of the statutes is amended to read:

AB133-ASA1-CA1,475,2 153.85 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.

AB133-ASA1-CA1, s. 2283j Section 2283j. 153.86 of the statutes is created to read:

AB133-ASA1-CA1,475,6 153.86 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:

AB133-ASA1-CA1,475,9 (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.

AB133-ASA1-CA1,475,10 (b) Any act or omission of the department that results in the release of data.

AB133-ASA1-CA1,475,12 (2) The immunity provided under this section does not apply to intentional, wilful or reckless acts or omissions by health care providers.

AB133-ASA1-CA1, s. 2283k Section 2283k. 153.90 (1) of the statutes is amended to read:

AB133-ASA1-CA1,475,16 153.90 (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.".

AB133-ASA1-CA1,475,17 1297. Page 1174, line 2: after that line insert:

AB133-ASA1-CA1,475,18 " Section 2283rm. 155.01 (6) of the statutes is amended to read:

AB133-ASA1-CA1,475,24 155.01 (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.".

AB133-ASA1-CA1,476,1 1298. Page 1174, line 2: after that line insert:

AB133-ASA1-CA1,476,2 " Section 2283t. 157.065 (3) of the statutes is renumbered 157.065 (3) (a).

AB133-ASA1-CA1, s. 2283u Section 2283u. 157.065 (3) (b) of the statutes is created to read:

AB133-ASA1-CA1,476,8 157.065 (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.".

AB133-ASA1-CA1,476,9 1299. Page 1174, line 14: after that line insert:

AB133-ASA1-CA1,476,11 " Section 2288g. 165.76 (1) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,476,16 165.76 (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.".

AB133-ASA1-CA1,476,17 1300. Page 1175, line 9: after that line insert:

AB133-ASA1-CA1,476,18 " Section 2289t. 165.842 of the statutes is created to read:

AB133-ASA1-CA1,476,20 165.842 Motor vehicle stops; collection of information; annual report. (1) Definitions. In this section:

AB133-ASA1-CA1,476,21 (a) "Department" means the department of justice.

AB133-ASA1-CA1,476,22 (b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

AB133-ASA1-CA1,477,3 (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.

AB133-ASA1-CA1,477,8 (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.

AB133-ASA1-CA1,477,12 (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:

AB133-ASA1-CA1,477,13 (a) The reason the law enforcement officer stopped the motor vehicle.

AB133-ASA1-CA1,477,14 (b) The age, gender and race or ethnicity of the driver of the motor vehicle.

AB133-ASA1-CA1,477,15 (c) The number of persons in the motor vehicle.

AB133-ASA1-CA1,477,18 (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:

AB133-ASA1-CA1,477,21 1. Whether the search was based on probable cause or reasonable suspicion, on the consent of the person searched or, for a motor vehicle search, on the consent of the driver or other authorized person.

AB133-ASA1-CA1,477,23 2. If the search was of a passenger in the motor vehicle, the age, gender and race or ethnicity of the passenger.

AB133-ASA1-CA1,477,24 3. What, if anything, was seized as a result of the search.

AB133-ASA1-CA1,478,2 (e) Whether a person was asked to give consent to a search of the motor vehicle or of his or her person but refused to give consent.

AB133-ASA1-CA1,478,6 (f) Whether the motor vehicle stop or a search conducted during the stop resulted in the driver or any passenger being given a written warning of or a citation for a violation of any law or ordinance and, if so, a listing of each warning or citation given and the alleged violation for which the warning or citation was given.

AB133-ASA1-CA1,478,9 (g) Whether the motor vehicle stop or a search conducted during the stop resulted in the arrest of the driver or any passenger and, if so, a listing of each arrest made and the reason for the arrest.

AB133-ASA1-CA1,478,11 (h) Any other information required to be collected under the rules promulgated by the department under sub. (5).

AB133-ASA1-CA1,478,15 (3) Submission of information collected. The information obtained by a law enforcement agency under sub. (2) shall be forwarded to the department using the form prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

AB133-ASA1-CA1,478,21 (4) Analysis and report by department. (a) The department shall compile the information submitted to it by law enforcement agencies under sub. (3) and shall analyze the information, along with any other relevant information, to determine whether law enforcement officers target racial minorities when making motor vehicle stops to investigate alleged or suspected violations of federal, state or local laws or ordinances.

AB133-ASA1-CA1,479,3 (b) For each calendar year, the department shall prepare an annual report that summarizes the information submitted to it by law enforcement agencies concerning motor vehicle stops made during the calendar year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2002, and on or before each March 31 thereafter, the department shall submit the annual report required under this paragraph to the legislature under s. 13.172 (2), to the governor and to the director of state courts.