SB40-ASA1-AA1,365,55
126.88
(2) Sunset. Subsection (1) does not apply after December 31, 2009.".
SB40-ASA1-AA1,365,15
14"
Section 2850n. 145.01 (4m) of the statutes is renumbered 145.01 (4m) (intro.)
15and amended to read:
SB40-ASA1-AA1,365,1816
145.01
(4m) Failing private sewage system. (intro.) "Failing private sewage
17system"
has the meaning specified under s. 145.245 (4). means a private sewage
18system that causes or results in any of the following conditions:
SB40-ASA1-AA1,365,2020
145.01
(4m) (a) The discharge of sewage into surface water or groundwater.
SB40-ASA1-AA1,365,2221
(b) The introduction of sewage into zones of saturation that adversely affects
22the operation of a private sewage system.
SB40-ASA1-AA1,365,2323
(c) The discharge of sewage to a drain tile or into zones of bedrock.
SB40-ASA1-AA1,365,2424
(d) The discharge of sewage to the surface of the ground.
SB40-ASA1-AA1,366,2
1(e) The failure to accept sewage discharges and back up of sewage into the
2structure served by the private sewage system.
SB40-ASA1-AA1,366,174
145.20
(5) (a) The department shall establish a maintenance program to be
5administered by governmental units responsible for the regulation of private sewage
6systems. The department shall determine the private sewage systems to which the
7maintenance program applies. At a minimum the maintenance program is
8applicable to all new or replacement private sewage systems constructed in a
9governmental unit after the date on which the governmental unit adopts this
10program. The department may apply the maintenance program by rule to private
11sewage systems constructed in a governmental unit responsible for the regulation
12of private sewage systems on or before the date on which the governmental unit
13adopts the program. The department shall determine the private sewage systems
14to which the maintenance program applies in governmental units that
do did not
15meet the conditions for eligibility under s. 145.245 (9),
2005 stats., except that the
16maintenance program in these governmental units does not commence until
17January 1, 2008.
SB40-ASA1-AA1,367,921
146.38
(2) All
persons, organizations
, or evaluators
reviewing or evaluating
,
22whether from one or more entities, who review or evaluate the services of health care
23providers shall keep a record of their investigations, inquiries, proceedings and
24conclusions. No such record may be released to any person under s. 804.10 (4) or
1otherwise except as provided in sub. (3). No such record may be used in any civil
or
2criminal action
for personal injuries against the health care provider or facility;
3however, information, documents or records presented during the review or
4evaluation may not be construed as immune from discovery under s. 804.10 (4) or use
5in any civil
or criminal action merely because they were so presented. Any person
6who testifies during or participates in the review or evaluation may testify in any
7civil action as to matters within his or her knowledge, but may not testify as to
8information obtained through his or her participation in the review or evaluation,
9nor as to any conclusion of such review or evaluation.
SB40-ASA1-AA1,367,1411
146.38
(3) (d) In a report in statistical form
that is filed with a regulatory
12agency, accrediting agency, or person that publicly reports quality and patient safety
13information. The report may identify any provider or facility to which the statistics
14relate;
SB40-ASA1-AA1,367,22
22"
Section 2862c. 146.40 (4g) (a) 2. (intro.) of the statutes is amended to read:
SB40-ASA1-AA1,368,223
146.40
(4g) (a) 2. (intro.) A listing of all individuals about whom the
24department is notified under sub. (4r) (a) or (am),
for whom the department is
1conducting an investigation under sub. (4r) (b), for whom the department makes
2findings under sub. (4r) (b)
, and to whom any of the following applies:".
SB40-ASA1-AA1,368,5
31769. Page 1259, line 9: delete lines 9 and 10 and substitute "appropriation
4under s. 20.435 (5) (cf), the department shall provide $37,500 annually to an entity
5that satisfies".
SB40-ASA1-AA1,368,108
146.89
(1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates
9in the
Racine County Parental Choice Program under s. 118.53 or the Milwaukee
10Parental Choice Program under s. 119.23.
SB40-ASA1-AA1,368,1412
146.89
(1) (g) 3. A private school, as defined in s. 115.001 (3r), that participates
13in the
Racine County Parental Choice Program under s. 118.53 or the Milwaukee
14Parental Choice Program under s. 119.23.".
SB40-ASA1-AA1,368,1817
146.83
(1) (b) Receive a copy of the patient's health care records upon payment
18of fees, as established
by rule under sub.
(3m) (3g).
SB40-ASA1-AA1,368,2320
146.83
(3g) (a) Except as provided under par. (b), the maximum amount that
21a health care provider may charge under sub. (1) (b) for duplicate patient health care
22records is $1 per page, plus applicable tax and the actual costs of postage or other
23means of delivering the requested records to the requester.
SB40-ASA1-AA1,369,7
1(b) For years beginning after 2007, fees specified under par. (a) increase
2annually by a percentage equal to the percentage change between the U.S. consumer
3price index for all urban consumers, U.S. city average, for the month of August of the
4previous year and the U.S. consumer price index for all urban consumers, U.S. city
5average, for the month of August of the year before the previous year, as determined
6by the federal department of labor. The department of health and family services
7shall specify this increase annually on the department's Web site.
SB40-ASA1-AA1,369,179
146.83
(3m) (a) (intro.) The department shall, by rule, prescribe fees that are
10based on an approximation of actual costs. The fees, plus applicable tax, are the
11maximum amount that a health care provider may charge
under sub. (1) (b) for
12duplicate patient health care records and under sub. (1) (c) for duplicate X-ray
13reports or the referral of X-rays to another health care provider of the patient's
14choice. The rule shall also permit the health care provider to charge for actual
15postage or other actual delivery costs. In determining the approximation of actual
16costs for the purposes of this subsection, the department may consider all of the
17following factors:
SB40-ASA1-AA1,369,2120
146.83
(3m) (a) 2. The varying cost of retrieval of
records X-ray reports, based
21on the different media on which the
records reports are maintained.
SB40-ASA1-AA1,369,2322
3. The cost of separating requested
patient health care records X-ray reports 23from those that are not requested.
SB40-ASA1-AA1,369,2424
4. The cost of duplicating requested
patient health care records X-ray reports.".
SB40-ASA1-AA1,370,113
146.82
(2) (a) 22. By a person specified in subd. 21. to a correctional officer of
4the department of corrections who has custody of or is responsible for the supervision
5of a prisoner, to a person designated with custodial authority over a prisoner by a
6jailer, or to a law enforcement officer or other person who is responsible for
7transferring a prisoner to or from a prison or jail, if the patient health care record
8indicates that the prisoner has a communicable disease and disclosure of that
9information is necessary for the health and safety of the prisoner or of other
10prisoners, of the person to whom the information is disclosed, or of any other
11employee of the prison or jail.".
SB40-ASA1-AA1,370,2215
146.997
(5m) Immunity from liability. (a) Except as provided in par. (c), any
16health care provider, health care facility, or employee of a health care provider or
17health care facility that in good faith reports or provides any information, the
18disclosure of which is not expressly prohibited by state law or rule or federal law or
19regulation or that in good faith initiates, participates in, or testifies in any action or
20proceeding, is immune from all civil and criminal liability that may result from any
21act or omission in reporting or providing that information, or in initiating,
22participating in, or testifying in that action or proceeding, as follows:
SB40-ASA1-AA1,371,323
1. Reports to a person specified in sub. (2) (a) (intro.) any information relating
24to an allegation that a health care provider, health care facility, or employee of a
1health care provider or health care facility has committed a violation specified in sub.
2(2) (a) 1. or 2., has engaged in unprofessional conduct, or has acted negligently in
3treating a patient.
SB40-ASA1-AA1,371,84
2. Initiates, participates in, or testifies in any action or proceeding in which it
5is alleged that a health care provider, health care facility, or employee of a health care
6provider or health care facility has committed a violation specified in sub. (2) (a) 1.
7or 2., has engaged in unprofessional conduct, or has acted negligently in treating a
8patient.
SB40-ASA1-AA1,371,139
3. Provides to any legislator or legislative committee any information relating
10to an allegation that a health care provider, health care facility, or employee of a
11health care provider or health care facility has committed a violation specified in sub.
12(2) (a) 1. or 2., has engaged in unprofessional conduct, or has acted negligently in
13treating a patient.
SB40-ASA1-AA1,371,1814
4. Provides to any prospective employer of an employee or former employee of
15a health care provider or health care facility any information relating to an allegation
16that the employee or former employee has committed a violation specified in sub. (2)
17(a) 1. or 2., has engaged in unprofessional conduct, or has acted negligently in
18treating a patient.
SB40-ASA1-AA1,372,319
(b) For purposes of par. (a), a health care provider, health care facility, or
20employee of a health care provider or health care facility is not acting in good faith
21if the health care provider, health care facility, or employee reports any information
22under par. (a) 1. that the health care provider, health care facility, or employee knows
23or should know is false or misleading; initiates, participates in, or testifies in any
24action or proceeding under par. (a) 2. based on information that the health care
25provider, health care facility, or employee knows or should know is false or
1misleading; or provides any information under par. (a) 3. or 4. that the health care
2provider, health care facility, or employee knows or should know is false or
3misleading.
SB40-ASA1-AA1,372,94
(c) Paragraph (a) does not apply to a health care provider, health care facility,
5or employee of a health care provider or health care facility that reports or provides
6any information or that initiates, participates in, or testifies in any action or
7proceeding concerning a violation specified in sub. (2) (a) 1. or 2., unprofessional
8conduct, or negligence in treating a patient by the health care provider, health care
9facility, or employee.
SB40-ASA1-AA1,372,2311
146.997
(5r) Disclosure of patient information. Notwithstanding s. 146.82
12(1), a health care provider, health care facility, or employee of a health care provider
13or health care facility reporting information as described in sub. (5m) (a) 1. to an
14agency specified in sub. (2) (a) (intro.) that has the authority to investigate and take
15action against a health care provider, health care facility, or employee of a health care
16provider or health care facility for the type of conduct reported may disclose to that
17agency the name of the patient who is the subject of, and a description of the event
18giving rise to, the alleged violation, unprofessional conduct, or negligent act. A
19person receiving identifying information about a patient under this subsection shall
20keep the information confidential and may not disclose that information except for
21the purpose of investigating and taking action on the alleged violation,
22unprofessional conduct, or negligent act, with the informed consent of the patient or
23of a person authorized by the patient, or as authorized by a court of record.".
SB40-ASA1-AA1,373,44
165.25
(12) (title)
Juvenile justice and delinquency prevention.
SB40-ASA1-AA1,373,66
165.25
(14) (title)
Recommend legislation.
SB40-ASA1-AA1,373,88
165.25
(15) (title)
Cooperation and assistance.".
SB40-ASA1-AA1,373,11
10"
Section 2905r. 165.845 (title) and (1) (intro.) of the statutes are created to
11read:
SB40-ASA1-AA1,373,13
12165.845 (title)
Criminal offense data.
(1) (intro.) The department of justice
13shall:".
SB40-ASA1-AA1,373,2016
165.8285
(1m) For the purpose of determining if a person is violating s. 301.49
17(3), the department of justice shall, through the transaction information for
18management of enforcement system, provide local law enforcement agencies with
19access to the information provided under s. 301.49 (2) by the department of
20corrections.".
SB40-ASA1-AA1,374,4
3165.95 (title)
Deferred prosecution and treatment for alcohol and drug
4offenders.
SB40-ASA1-AA1,374,6
6165.986 (title)
Law enforcement officer supplement grants.
