Amendment SA1-SSA1-SB45

SB45-SSA1-SA1,297,19 153.50 (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).

SB45-SSA1-SA1, s. 2280km Section 2280km. 153.50 (3m) of the statutes is created to read:

SB45-SSA1-SA1,297,25 153.50 (3m) Healthcare 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.

SB45-SSA1-SA1, s. 2280kp Section 2280kp. 153.50 (4) (intro.) of the statutes is renumbered 153.50 (4) (a) (intro.) and amended to read:

SB45-SSA1-SA1,298,5 153.50 (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:

SB45-SSA1-SA1, s. 2280kq Section 2280kq. 153.50 (4) (a) of the statutes is repealed.

SB45-SSA1-SA1, s. 2280kr Section 2280kr. 153.50 (4) (b) to (e) of the statutes are renumbered 153.50 (4) (a) 1. to 4.

SB45-SSA1-SA1, s. 2280ks Section 2280ks. 153.50 (4) (b) of the statutes is created to read:

SB45-SSA1-SA1,298,13 153.50 (4) (b) Of information submitted by health care providers that are not hospitals or ambulatory surgery centers, patient-identifiable data that contains a patient's date of birth may be released under par. (a) only under circumstances as specified by rule by the department.

SB45-SSA1-SA1, s. 2280ku Section 2280ku. 153.50 (5) (a) (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,298,18 153.50 (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:

SB45-SSA1-SA1, s. 2280kv Section 2280kv. 153.50 (5) (a) 3. of the statutes is amended to read:

SB45-SSA1-SA1,298,22 153.50 (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.

SB45-SSA1-SA1, s. 2280kw Section 2280kw. 153.50 (5) (a) 4. (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,299,3 153.50 (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:

SB45-SSA1-SA1, s. 2280kx Section 2280kx. 153.50 (5) (b) 3. of the statutes is amended to read:

SB45-SSA1-SA1,299,6 153.50 (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.".

SB45-SSA1-SA1,299,7 959. Page 1170, line 22: after that line insert:

SB45-SSA1-SA1,299,8 " Section 2280p. 153.50 (6) of the statutes is renumbered 153.50 (6) (a).

SB45-SSA1-SA1, s. 2280q Section 2280q. 153.50 (6) (b), (c), (d) and (e) of the statutes are created to read:

SB45-SSA1-SA1,299,12 153.50 (6) (b) The department may not require under this chapter a health care provider that is a hospital or ambulatory surgery center to submit uniform patient billing forms.

SB45-SSA1-SA1,299,15 (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:

SB45-SSA1-SA1,299,16 1. The data elements specified under sub. (3) (b).

SB45-SSA1-SA1,299,17 2. The patient's telephone number.

SB45-SSA1-SA1,299,18 3. The insured's employer's name or school name.

SB45-SSA1-SA1,299,20 4. Data regarding insureds other than the patient, other than the payer category code under sub. (3m).

SB45-SSA1-SA1,299,21 5. The patient's employer's name or school name.

SB45-SSA1-SA1,299,22 6. The patient's relationship to the insured.

SB45-SSA1-SA1,299,23 7. The insured's identification number.

SB45-SSA1-SA1,299,24 8. The insured's policy or group number.

SB45-SSA1-SA1,300,1 9. The insured's date of birth or sex.

SB45-SSA1-SA1,300,2 10. The patient's marital, employment or student status.

SB45-SSA1-SA1,300,6 (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.

SB45-SSA1-SA1,300,8 (e) A health care provider may not submit information that uses any of the following as a patient account number:

SB45-SSA1-SA1,300,10 1. The patient's social security number or any substantial portion of the patient's social security number.

SB45-SSA1-SA1,300,11 2. A number that is related to another patient identifying number.

SB45-SSA1-SA1, s. 2280r Section 2280r. 153.55 of the statutes is amended to read:

SB45-SSA1-SA1,300,15 153.55 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).".

SB45-SSA1-SA1,300,16 960. Page 1172, line 14: after that line insert:

SB45-SSA1-SA1,300,17 " Section 2283g. 153.67 of the statutes is created to read:

SB45-SSA1-SA1,300,23 153.67 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.

SB45-SSA1-SA1, s. 2283h Section 2283h. 153.76 of the statutes is created to read:

SB45-SSA1-SA1,301,4 153.76 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.

SB45-SSA1-SA1, s. 2283i Section 2283i. 153.85 of the statutes is amended to read:

SB45-SSA1-SA1,301,9 153.85 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.

SB45-SSA1-SA1, s. 2283j Section 2283j. 153.86 of the statutes is created to read:

SB45-SSA1-SA1,301,16 153.86 Immunity from liability. A health care provider that submits information to the department under this chapter is immune from civil liability for 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 of health and family services. The immunity provided under this section does not apply to intentional, wilful or reckless acts or omissions.

SB45-SSA1-SA1, s. 2283k Section 2283k. 153.90 (1) of the statutes is amended to read:

SB45-SSA1-SA1,301,20 153.90 (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 or both.".

SB45-SSA1-SA1,301,21 961. Page 1174, line 2: after that line insert:

SB45-SSA1-SA1,301,22 " Section 2286e. 165.25 (2m) of the statutes is created to read:

SB45-SSA1-SA1,301,24 165.25 (2m) Prosecution services. Provide general program operations related to ch. 978.

SB45-SSA1-SA1, s. 2286f Section 2286f. 165.25 (3g) of the statutes is created to read:

SB45-SSA1-SA1,302,6 165.25 (3g) Unfunded prior service for assistant district attorneys. Beginning in the 1999-2000 fiscal year and ending in the 2003-04 fiscal year, pay $80,000 in each fiscal year from the appropriation account under s. 20.475 (1) (d) toward the unfunded prior service liability under the Wisconsin retirement system that results from granting the creditable service under s. 40.02 (17) (gm).".

SB45-SSA1-SA1,302,7 962. Page 1174, line 2: after that line insert:

SB45-SSA1-SA1,302,8 " Section 2287g. 165.06 of the statutes is created to read:

SB45-SSA1-SA1,302,23 165.06 Assistant attorney general — consumer privacy advocate. (1) The attorney general shall designate an assistant attorney general on the attorney general's staff as the consumer privacy advocate. The consumer privacy advocate shall represent the consumers' interests in issues concerning consumer privacy, including the purchase of products on the Internet and the prevention of theft of the consumer's personal identifying information. The secretary of administration shall give the consumer privacy advocate written notices of all proceedings under subch. VII of ch. 16. The prosecutor of any action under s. 943.201, 943.392, 943.41 or 943.70 shall give the consumer privacy advocate written notices of all proceedings under those sections. The consumer privacy advocate shall be provided the minutes, reports, recommendations and any documents provided by or to the joint committee on information policy and the standing committees of the assembly and senate dealing with privacy matters. Annually, the consumer privacy advocate shall report to the appropriate standing committees of the assembly and senate on the status of consumer privacy in this state.

SB45-SSA1-SA1,303,6 (2) The consumer privacy advocate may, on his or her own initiative or upon request of any committee of the legislature, formally intervene in all civil proceedings described in sub. (1) whenever such intervention is needed for the protection of consumers' rights to privacy, including the restriction of access to the consumer's personal identifying information and the prevention of fraudulent use of the consumer's personal identifying information on the Internet.

SB45-SSA1-SA1,303,18 (3) Personnel of the department of administration shall, upon the request of the consumer privacy advocate, make such investigations, studies and reports as the advocate may request in connection with proceedings described in sub. (1), either before or after formal intervention. Personnel of state agencies shall, at the consumer privacy advocate's request, provide information, serve as witnesses in civil proceedings described in sub. (1) and otherwise cooperate in the carrying out of the consumer privacy advocate's functions. Formal intervention shall be by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Upon filing the statement, the consumer privacy advocate shall be considered a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs or do any other acts appropriate for a party to the proceedings.

SB45-SSA1-SA1,303,23 (4) The consumer privacy advocate may appeal from administrative rulings to the courts. In all administrative proceedings and judicial review proceedings the consumer privacy advocate shall be identified as "consumer privacy advocate". This section does not preclude or prevent any division of any department or independent agency from appearing by its staff as a party in those proceedings.

SB45-SSA1-SA1, s. 2287j Section 2287j. 165.061 of the statutes is created to read:

SB45-SSA1-SA1,304,5 165.061 Assistant attorney general; consumer privacy advocate; authority. In carrying out his or her duty to protect the consumers' right to privacy, the consumer privacy advocate has the authority to initiate actions and proceedings before any agency or court related to consumer privacy, including issues concerning constitutionality, to present evidence and testimony and to make arguments.

SB45-SSA1-SA1, s. 2287m Section 2287m. 165.062 of the statutes is created to read:

SB45-SSA1-SA1,304,16 165.062 Assistant attorney general; consumer privacy advocate; advisory committee. The attorney general shall appoint a consumer privacy advisory committee under s. 15.04 (1) (c). The consumer privacy advisory committee shall consist of not less than 7 nor more than 9 members. The members shall have backgrounds in or demonstrated experience or records relating to privacy protection, record security or information technology. The consumer privacy advisory committee shall advise the consumer privacy advocate consistent with his or her duty to protect the consumers' right to privacy. The consumer privacy advisory committee shall conduct meetings consistent with subch. V of ch. 19 and shall permit public participation and public comment on consumer privacy advocate activities.".

SB45-SSA1-SA1,304,17 963. Page 1174, line 2: after that line insert:

SB45-SSA1-SA1,304,18 " Section 2286k. 165.07 of the statutes is created to read:

SB45-SSA1-SA1,305,2 165.07 Assistant attorney general — public intervenor. (1) The attorney general shall designate an assistant attorney general on the attorney general's staff as public intervenor. Written notices of all proceedings under chs. 30, 31, 281 to 285 and 289 to 299, except s. 281.48, shall be given to the public intervenor and to the administrators of divisions primarily assigned the departmental functions under chs. 29, 281, 285 and 289 to 299, except s. 281.48, by the agency head responsible for such proceedings. A copy of such notice shall also be given to the natural areas preservation council.

SB45-SSA1-SA1,305,10 (2) The public intervenor shall formally intervene in proceedings described in sub. (1) when requested to do so by an administrator of a division primarily assigned the departmental functions under chs. 29, 281, 285 or 289 to 299, except s. 281.48. The public intervenor may, on the public intervenor's own initiative or upon request of any committee of the legislature, formally intervene in all proceedings described in sub. (1) whenever such intervention is needed for the protection of "public rights" in water and other natural resources, as provided in chs. 30 and 31 and defined by the supreme court.

SB45-SSA1-SA1,305,22 (3) Personnel of the department of natural resources shall, upon the request of the public intervenor, make such investigations, studies and reports as the public intervenor may request in connection with proceedings described in sub. (1), either before or after formal intervention. Personnel of state agencies shall at the public intervenor's request provide information, serve as witnesses in proceedings described in sub. (1) and otherwise cooperate in the carrying out of the public intervenor's intervention functions. Formal intervention shall be by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Thereupon the public intervenor shall be considered a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs or do any other acts appropriate for a party to the proceedings.

SB45-SSA1-SA1,306,3 (4) The public intervenor may appeal from administrative rulings to the courts. In all administrative proceedings and judicial review proceedings the public intervenor shall be identified as "public intervenor". This section does not preclude or prevent any division of the department of natural resources, or any other department or independent agency, from appearing by its staff as a party in such proceedings.

SB45-SSA1-SA1, s. 2286n Section 2286n. 165.075 of the statutes is created to read:

SB45-SSA1-SA1,306,9 165.075 Assistant attorney general; public intervenor; authority. In carrying out his or her duty to protect public rights in water and other natural resources, the public intervenor has the authority to initiate actions and proceedings before any agency or court in order to raise issues, including issues concerning constitutionality, present evidence and testimony and make arguments.

SB45-SSA1-SA1, s. 2286q Section 2286q. 165.076 of the statutes is created to read:

SB45-SSA1-SA1,306,22 165.076 Assistant attorney general; public intervenor; advisory committee. The attorney general shall appoint a public intervenor advisory committee under s. 15.04 (1) (c). The public intervenor advisory committee shall consist of not less than 7 nor more than 9 members. The members shall have backgrounds in or demonstrated experience or records relating to environmental protection or natural resource conservation. At least one of the members shall have working knowledge in business. At least one of the members shall have working knowledge in agriculture. The public intervenor advisory committee shall advise the public intervenor consistent with his or her duty to protect public rights in water and other natural resources. The public intervenor advisory committee shall conduct meetings consistent with subch. V of ch. 19 and shall permit public participation and public comment on public intervenor activities.".

SB45-SSA1-SA1,306,23 964. Page 1175, line 9: after that line insert:

SB45-SSA1-SA1,306,24 " Section 2289t. 165.842 of the statutes is created to read:

SB45-SSA1-SA1,307,2 165.842 Motor vehicle stops; collection of information; annual report. (1) Definitions. In this section:

SB45-SSA1-SA1,307,3 (a) "Department" means the department of justice.

SB45-SSA1-SA1,307,4 (b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

SB45-SSA1-SA1,307,9 (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.

SB45-SSA1-SA1,307,14 (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.

SB45-SSA1-SA1,307,18 (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:

SB45-SSA1-SA1,307,19 (a) The reason the law enforcement officer stopped the motor vehicle.

SB45-SSA1-SA1,307,20 (b) The age, gender and race or ethnicity of the driver of the motor vehicle.

SB45-SSA1-SA1,307,21 (c) The number of persons in the motor vehicle.

SB45-SSA1-SA1,307,24 (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:

SB45-SSA1-SA1,308,3 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.

SB45-SSA1-SA1,308,5 2. If the search was of a passenger in the motor vehicle, the age, gender and race or ethnicity of the passenger.

SB45-SSA1-SA1,308,6 3. What, if anything, was seized as a result of the search.