LRBs0143/1
DAK:wlj:jf
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 SENATE BILL 195
October 26, 1999 - Offered by Committee on Health, Utilities, Veterans and
Military Affairs
.
SB195-SSA1,1,4 1An Act to amend 146.83 (1) (b), 908.03 (6m) (d) and 908.03 (6m) (d); and to
2create
146.83 (3m) of the statutes; relating to: uniform fees chargeable for
3certified duplicate health care records and X-ray reports and referral of X-rays
4and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB195-SSA1, s. 1 5Section 1. 146.83 (1) (b) of the statutes is amended to read:
SB195-SSA1,1,86 146.83 (1) (b) Receive After March 31, 2001, receive a copy of the patient's
7health care records upon payment of reasonable costs fees, as established by rule
8under sub. (3m)
.
SB195-SSA1, s. 2 9Section 2. 146.83 (3m) of the statutes is created to read:
SB195-SSA1,2,510 146.83 (3m) The department shall, by rule, prescribe fees that are based on an
11approximation of actual costs. The fees, plus applicable state tax, are the maximum

1amount that a health care provider may charge under sub. (1) (b) for duplicate
2patient health care records and under sub. (1) (c) for duplicate X-ray reports or the
3referral of X-rays to another health care provider of the patient's choice. The rule
4shall also permit the health care provider to charge for actual postage or other actual
5delivery costs.
SB195-SSA1, s. 3 6Section 3 . 908.03 (6m) (d) of the statutes is amended to read:
SB195-SSA1,2,147 908.03 (6m) (d) Fees. The Before April 1, 2001, the department of health and
8family services shall, by rule, prescribe uniform fees that are based on an
9approximation of the actual costs. The fees, plus applicable state tax, are the
10maximum amount
that a health care provider may charge under par. (c) 3. for
11certified duplicate patient health care records. The rule shall also allow the health
12care provider to charge for actual postage or other actual delivery costs. The
13commencement of an action is not a prerequisite for the application of this
14paragraph.
SB195-SSA1, s. 4 15Section 4 . 908.03 (6m) (d) of the statutes, as affected by 1999 Wisconsin Act
16.... (this act), is amended to read:
SB195-SSA1,3,217 908.03 (6m) (d) Fees. Before April 1, 2001 After March 31, 2001, the
18department of health and family services shall, by rule, prescribe uniform fees that
19are based on an approximation of actual costs. The fees, plus applicable state tax,
20are the maximum amount that a health care provider may charge for certified
21duplicate patient health care records. The rule shall also allow the health care
22provider to charge for actual postage or other actual delivery costs. The
23commencement of an action is not a prerequisite for the application of this paragraph

24For duplicate patient health care records and duplicate X-ray reports or the referral

1of X-rays to another health care provider that are requested prior to commencement
2of an action, s. 146.83 (1) (b) and (c) and (3m) applies
.
SB195-SSA1, s. 5 3Section 5. Nonstatutory provisions.
SB195-SSA1,3,84 (1) Fees for patient health care records; rules. The department of health and
5family services shall submit in proposed form the rules required under section 146.83
6(3m) of the statutes, as created by this act, to the legislative council staff under
7section 227.15 (1) of the statutes no later than the first day of the 5th month
8beginning after the effective date of this subsection.
SB195-SSA1, s. 6 9Section 6. Effective dates. This act takes effect on the day after publication,
10except as follows:
SB195-SSA1,3,1211 (1) Fees for patient health care records; rules. The treatment of section
12908.03 (6m) (d) (by Section 4 ) of the statutes takes effect on April 1, 2001.
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