LRBs0373/2
DAK:cjs:jf
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 SENATE BILL 195
March 2, 2000 - Offered by Committee on Insurance.
SB195-ASA1,1,4 1An Act to amend 146.83 (1) (b), 146.83 (1) (c), 908.03 (6m) (d) and 908.03 (6m)
2(d); and to create 146.83 (3m) of the statutes; relating to: uniform fees
3chargeable for certified duplicate health care records and X-ray reports and
4referral of X-rays and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB195-ASA1, s. 1 5Section 1. 146.83 (1) (b) of the statutes is amended to read:
SB195-ASA1,1,86 146.83 (1) (b) Receive After June 30, 2001, receive a copy of the patient's health
7care records upon payment of reasonable costs fees, as established by rule under sub.
8(3m)
.
SB195-ASA1, s. 2 9Section 2. 146.83 (1) (c) of the statutes is amended to read:
SB195-ASA1,2,210 146.83 (1) (c) Receive After June 30, 2001, receive a copy of the health care
11provider's X-ray reports or have the X-rays referred to another health care provider

1of the patient's choice upon payment of reasonable costs fees, as established by rule
2under sub. (3m)
.
SB195-ASA1, s. 3 3Section 3. 146.83 (3m) of the statutes is created to read:
SB195-ASA1,2,114 146.83 (3m) The department shall, by rule, prescribe fees that are based on an
5approximation of actual costs. The fees, plus applicable state tax, are the maximum
6amount that a health care provider may charge under sub. (1) (b) for duplicate
7patient health care records and under sub. (1) (c) for duplicate X-ray reports or the
8referral of X-rays to another health care provider of the patient's choice. The rule
9shall also permit the health care provider to charge for actual postage or other actual
10delivery costs and late payment or nonpayment of the fees and charges. The
11department shall revise the rules at least once every 3 years to reflect actual costs.
SB195-ASA1, s. 4 12Section 4 . 908.03 (6m) (d) of the statutes is amended to read:
SB195-ASA1,2,2013 908.03 (6m) (d) Fees. The Before July 1, 2001, the department of health and
14family services shall, by rule, prescribe uniform fees that are based on an
15approximation of the actual costs. The fees, plus applicable state tax, are the
16maximum amount
that a health care provider may charge under par. (c) 3. for
17certified duplicate patient health care records. The rule shall also allow the health
18care provider to charge for actual postage or other actual delivery costs. The
19commencement of an action is not a prerequisite for the application of this
20paragraph.
SB195-ASA1, s. 5 21Section 5 . 908.03 (6m) (d) of the statutes, as affected by 1999 Wisconsin Act
22.... (this act), is amended to read:
SB195-ASA1,3,923 908.03 (6m) (d) Fees. Before July 1, 2001 After June 30, 2001, the department
24of health and family services shall, by rule, prescribe uniform fees that are based on
25an approximation of actual costs. The fees, plus applicable state tax, are the

1maximum amount that a health care provider may charge for certified duplicate
2patient health care records. The rule shall also allow the health care provider to
3charge for actual postage or other actual delivery costs. The commencement of an
4action is not a prerequisite for the application of this paragraph
and late payment
5or nonpayment of the fees and charges. The department shall revise the rules at least
6once every 3 years to reflect actual costs. For duplicate patient health care records
7and duplicate X-ray reports or the referral of X-rays to another health care provider
8that are requested prior to commencement of an action, s. 146.83 (1) (b) and (c) and
9(3m) applies
.
SB195-ASA1, s. 6 10Section 6. Nonstatutory provisions.
SB195-ASA1,3,1511 (1) Fees for patient health care records; rules. The department of health and
12family services shall submit in proposed form the rules required under section 146.83
13(3m) of the statutes, as created by this act, to the legislative council staff under
14section 227.15 (1) of the statutes no later than the first day of the 5th month
15beginning after the effective date of this subsection.
SB195-ASA1, s. 7 16Section 7. Effective dates. This act takes effect on the day after publication,
17except as follows:
SB195-ASA1,3,1918 (1) Fees for patient health care records; rules. The treatment of section
19908.03 (6m) (d) (by Section 5 ) of the statutes takes effect on July 1, 2001.
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