SB45-SSA1-SA1,288,2
1(6) Other rights, remedies. This section does not limit any other right or
2remedy provided by law.".
SB45-SSA1-SA1,288,65
139.32
(5) Manufacturers and distributors having a permit from the secretary
6shall receive a discount of
1.6% 2% of the tax.".
SB45-SSA1-SA1,289,1422
146.37
(1g) Except as provided in s. 153.85, no person acting in good faith who
23participates in the review or evaluation of the services of health care providers or
1facilities or the charges for such services conducted in connection with any program
2organized and operated to help improve the quality of health care, to avoid improper
3utilization of the services of health care providers or facilities or to determine the
4reasonable charges for such services, or who participates in the obtaining of health
5care information under ch. 153,
or who participates in hospital rate price cap
6activities under subch. II of ch. 196, is liable for any civil damages as a result of any
7act or omission by such person in the course of such review or evaluation. Acts and
8omissions to which this subsection applies include, but are not limited to, acts or
9omissions by peer review committees or hospital governing bodies in censuring,
10reprimanding, limiting or revoking hospital staff privileges or notifying the medical
11examining board or podiatrists affiliated credentialing board under s. 50.36 or taking
12any other disciplinary action against a health care provider or facility and acts or
13omissions by a medical director, as defined in s. 146.50 (1) (j), in reviewing the
14performance of emergency medical technicians or ambulance service providers.".
SB45-SSA1-SA1,289,2217
146.82
(1) Confidentiality. All patient health care records shall remain
18confidential. Patient health care records may be released only to the persons
19designated in this section or to other persons with the informed consent of the patient
20or of a person authorized by the patient. This subsection does not prohibit reports
21made in compliance with s. 146.995
, 253.12 (2) or 979.01 or testimony authorized
22under s. 905.04 (4) (h).".
SB45-SSA1-SA1,290,4
1146.84
(3) Discipline of employes. Any person employed by the state
, or any
2political subdivision of the state who violates s. 146.82 or 146.83
, except a health care
3provider that negligently violates s. 153.50 (6) (c), may be discharged or suspended
4without pay.".
SB45-SSA1-SA1,290,107
146.83
(1) (b) Receive a copy of the patient's health care records
, whether
8certified or not, upon payment of
reasonable
an approximation of actual costs.
In this
9paragraph, "approximation of actual costs" means, at a maximum, the fees that are
10prescribed by the department by rule under s. 908.03 (6m) (d).
SB45-SSA1-SA1,290,1612
146.83
(3m) If a health care provider provides a copy of a patient health care
13record after 30 days after receipt of a statement of informed consent for the release
14of the copy, the health care provider, notwithstanding sub. (1) (b) and s. 908.03 (6m)
15(d), may collect as payment no more than 25% of the approximation of actual costs,
16as specified under sub. (1) (b).".
SB45-SSA1-SA1, s. 2262r
21Section 2262r. 149.143 (1) (b) 1. a. of the statutes is renumbered 149.143 (1)
22(b) and amended to read:
SB45-SSA1-SA1,291,623
149.143
(1) (b)
First, Next from premiums from eligible persons with coverage
24under s. 149.14 set
, except as reduced under sub. (2m), at 150% of the rate that a
1standard risk would be charged under an individual policy providing substantially
2the same coverage and deductibles as are provided under the plan, including
3amounts received for premium and deductible subsidies
under s. 149.144 and under
4the transfer to the fund from the appropriation account under
ss. s. 20.435
(5) (4) (ah)
5and 149.144, and from premiums collected from eligible persons with coverage under
6s. 149.146 set in accordance with s. 149.146 (2) (b).
SB45-SSA1-SA1, s. 2263r
10Section 2263r. 149.143 (1) (b) 2. of the statutes is renumbered 149.143 (1) (c)
11and 149.143 (1) (c) (intro.) and 2., as renumbered, are amended to read:
SB45-SSA1-SA1,291,1212
149.143
(1) (c) (intro.)
A total of 40% The remainder as follows:
SB45-SSA1-SA1,291,1413
2. Fifty percent from adjustments to provider payment rates, excluding
14adjustments to those rates under
ss. s. 149.144
and 149.15 (3) (e).
SB45-SSA1-SA1,291,2217
149.143
(2) (a) 2.
After making the determinations under subd. 1., by By rule
18set premium rates for the new plan year, including the rates under s. 149.146 (2) (b),
19in the manner specified in sub. (1) (b)
1. a. and c. and such that a rate for coverage
20under s. 149.14 is not less than 150% nor more than 200% of the rate that a standard
21risk would be charged under an individual policy providing substantially the same
22coverage and deductibles as are provided under the plan.
SB45-SSA1-SA1,292,224
149.143
(2) (a) 3. By rule set the total insurer assessments under s. 149.13 for
25the new plan year by estimating and setting the assessments at the amount
1necessary to equal the amounts specified in sub. (1)
(b) 1. d. and 2. a. (c) 1. and notify
2the commissioner of the amount.
SB45-SSA1-SA1,292,74
149.143
(2) (a) 4. By the same rule as under subd. 3. adjust the provider
5payment rate for the new plan year by estimating and setting the rate at the level
6necessary to equal the amounts specified in sub. (1)
(b) 1. d. and 2. b. (c) 2. and as
7provided in s. 149.145.
SB45-SSA1-SA1,292,159
149.143
(2) (b) In setting the
premium rates under par. (a) 2., the insurer
10assessment amount under par. (a) 3. and the provider payment rate under par. (a)
114. for the new plan year, the department shall include any increase or decrease
12necessary to reflect the amount, if any, by which the
rates and amount
and rate set
13under par. (a) for the current plan year differed from the
rates and amount
and rate 14which would have equaled the amounts specified in sub. (1)
(b) (c) in the current plan
15year.".
SB45-SSA1-SA1,292,21
20"
Section 2267c. 149.143 (3) (a) of the statutes is renumbered 149.143 (3) and
21amended to read:
SB45-SSA1-SA1,293,722
149.143
(3) If, during a plan year, the department determines that the amounts
23estimated to be received as a result of the rates and amount set under sub. (2) (a) 2.
24to 4. and any adjustments in insurer assessments and the provider payment rate
1under s. 149.144 will not be sufficient to cover plan costs, the department may by rule
2increase the premium rates set under sub. (2) (a) 2. for the remainder of the plan year,
3subject to s. 149.146 (2) (b) and the maximum specified in sub. (2) (a) 2., by rule 4increase the assessments set under sub. (2) (a) 3. for the remainder of the plan year,
5subject to sub. (1)
(b) 2. a. (c) 1., and by the same rule under which assessments are
6increased adjust the provider payment rate set under sub. (2) (a) 4. for the remainder
7of the plan year, subject to sub. (1)
(b) 2. b (c) 2.
SB45-SSA1-SA1,293,1714
153.05
(4n) The office shall provide the public service commission with
15information necessary for performance of duties of the public service commission
16under subch. II of ch. 196 and as requested of the office by the public service
17commission.".
SB45-SSA1-SA1,293,20
19"
Section 2280b. 153.45 (1) (b) of the statutes is renumbered 153.45 (1) (b) 1.
20and amended to read:
SB45-SSA1-SA1,294,321
153.45
(1) (b) 1.
Public For information that is submitted by hospitals or
22ambulatory surgery centers, public use data files
which that do not permit the
23identification of specific patients, employers or health care providers, as defined by
24rules promulgated by the department. The identification of
these groups patients,
1employers or health care providers shall be protected by all necessary means,
2including the deletion of patient identifiers and the use of calculated variables and
3aggregated variables.
SB45-SSA1-SA1,294,165
153.45
(1) (b) 2. For information that is submitted by health care providers
6other than hospitals or ambulatory surgery centers, public use data files that do not
7permit the identification of specific patients, employers or health care providers, as
8defined by rules promulgated by the department. The identification of patients,
9employers or health care providers shall be protected by all necessary means,
10including the deletion of patient identifiers; the use of calculated variables and
11aggregated variables; the specification of counties as to residence, rather than zip
12codes; the use of 5-year categories for age, rather than exact age; not releasing
13information concerning a patient's race or ethnicity or dates of admission, discharge,
14procedures or visits; and masking sensitive diagnoses and procedures by use of
15larger diagnostic and procedure categories. Public use data files under this
16subdivision may include only the following:
SB45-SSA1-SA1,294,1717
a. The patient's county of residence.
SB45-SSA1-SA1,294,1818
b. The payment source, by type.
SB45-SSA1-SA1,294,2019
c. The patient's age category, by 5-year intervals up to age 80 and a category
20of 80 years or older.
SB45-SSA1-SA1,294,2121
d. The patient's procedure code.
SB45-SSA1-SA1,294,2222
e. The patient's diagnosis code.
SB45-SSA1-SA1,294,2323
f. Charges assessed with respect to the procedure code.
SB45-SSA1-SA1,294,2524
g. The name and address of the facility in which the patient's services were
25rendered.
SB45-SSA1-SA1,295,1
1h. The patient's sex.
SB45-SSA1-SA1,295,62
i. Information that contains the name of a health care provider that is not a
3hospital or ambulatory surgery center, if the independent review board first reviews
4and approves the release or if the department promulgates rules that specify
5circumstances under which the independent review board need not review and
6approve the release.
SB45-SSA1-SA1,295,97
j. Calendar quarters of service, except if the department specifies by rule that
8the number of data elements included in the public use data file is too small to enable
9protection of patient confidentiality.
SB45-SSA1-SA1,295,1110
k. Information other than patient-identifiable data, as defined in s. 153.50 (1)
11(b), as approved by the independent review board.
SB45-SSA1-SA1, s. 2280e
12Section 2280e. 153.45 (1) (c) of the statutes is renumbered 153.45 (1) (c)
13(intro.) and amended to read:
SB45-SSA1-SA1,295,2514
153.45
(1) (c) (intro.) Custom-designed reports containing portions of the data
15under par. (b).
Of information submitted by health care providers that are not
16hospitals or ambulatory surgery centers, requests under this paragraph for data
17elements other than those available for public use data files under par. (b) 2.,
18including the patient's month and year of birth, require review and approval by the
19independent review board before the data elements may be released. Information
20that contains the name of a health care provider that is not a hospital or ambulatory
21surgery center may be released only if the independent review board first reviews
22and approves the release or if the department promulgates rules that specify
23circumstances under which the independent review board need not review and
24approve the release. Reports under this paragraph may include the patient's zip code
25only if at least one of the following applies:
SB45-SSA1-SA1,296,22
153.45
(1) (c) 1. Other potentially identifying data elements are not released.
SB45-SSA1-SA1,296,33
2. Population density is sufficient to mask patient identity.
SB45-SSA1-SA1,296,54
3. Other potentially identifying data elements are grouped to provide
5population density sufficient to protect identity.
SB45-SSA1-SA1,296,66
4. Multiple years of data elements are added to protect identity.
SB45-SSA1-SA1,296,118
153.45
(6) The department may not sell or distribute data bases of information,
9from health care providers who are not hospitals or ambulatory surgery centers, that
10are able to be linked with public use data files, unless first approved by the
11independent review board.
SB45-SSA1-SA1, s. 2280gg
13Section 2280gg. 153.50 (1) (b) of the statutes is renumbered 153.50 (1) (b) 1.,
14and 153.50 (1) (b) 1. (intro.), as renumbered, is amended to read:
SB45-SSA1-SA1,296,1715
153.50
(1) (b) 1. (intro.) "Patient-identifiable data"
, for information submitted
16by hospitals and ambulatory surgery centers, means all of the following data
17elements:
