Amendment ASA1-AB75

AB75-ASA1,1291,2 146.81 (5) "Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m), or (4n), the guardian of a patient adjudicated incompetent in this state, the personal representative or, spouse, or domestic partner under ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, "person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

AB75-ASA1, s. 2431 Section 2431. 146.82 (2) (a) 8. of the statutes is amended to read:

AB75-ASA1,1291,6 146.82 (2) (a) 8. To the department under s. 255.04 and to the persons specified under s. 255.04 (3). The release of a patient health care record under this subdivision shall be limited to the information prescribed by the department under s. 255.04 (2).

AB75-ASA1, s. 2432 Section 2432. 146.82 (2) (a) 18m. of the statutes is amended to read:

AB75-ASA1,1292,2 146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent or treatment foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

AB75-ASA1, s. 2433b Section 2433b. 146.83 (1) (intro.) and (a) of the statutes are consolidated, renumbered 146.83 (1d) and amended to read:

AB75-ASA1,1292,12 146.83 (1d) Except as provided in s. 51.30 or 146.82 (2), any patient or other person authorized by the patient may, upon submitting a statement of informed consent: (a) Inspect, inspect the health care records of a health care provider pertaining to that patient at any time. The health care provider shall make the records available for inspection by the patient or person authorized by the patient during regular business hours, upon reasonable within 21 days after the health care provider receives notice from the patient or person authorized by the patient. A health care provider may not charge a fee for inspection under this subsection.

AB75-ASA1, s. 2433c Section 2433c. 146.83 (1) (b) and (c) of the statutes are repealed.

AB75-ASA1, s. 2433d Section 2433d. 146.83 (1f) of the statutes is created to read:

AB75-ASA1,1292,20 146.83 (1f) (a) Except as provided in par. (b) or s. 51.30 or 146.82 (2), if a patient or a person authorized by the patient requests copies of the patient's health care records, provides informed consent, and pays the applicable fees under par. (c) or (d), the health care provider shall, subject to sub. (1k), provide the patient or person authorized by the patient copies of the requested records within 21 days after receiving the request.

AB75-ASA1,1293,2 (b) Except as provided in s. 51.30 or 146.82 (2), if a patient or a person authorized by the patient requests a copy of a health care provider's report regarding an X-ray of the patient, provides informed consent, and pays the applicable fees under par. (c) or (d), the health care provider shall, subject to sub. (1k), provide the patient or person authorized by the patient a copy of the report or provide the X-ray to another health care provider of the patient's choice within 30 days after receiving the request.

AB75-ASA1,1293,5 (c) Except as provided in par. (d), a health care provider may charge no more than the total of all of the following that apply for providing copies requested under par. (a) or (b):

AB75-ASA1,1293,6 1. For paper copies, 35 cents per page.

AB75-ASA1,1293,7 2. For microfiche or microfilm copies, $1.25 per page.

AB75-ASA1,1293,8 3. For a print of an X-ray, $10 per image.

AB75-ASA1,1293,9 4. Actual shipping costs.

AB75-ASA1,1293,13 5. If the patient or person authorized by the patient requests delivery of the copies within 7 or fewer days after making a request for copies, and the health care provider delivers the copies within that time, a fee equal to 10 percent of the total fees that may be charged under subds. 1. to 4.

AB75-ASA1,1293,20 (d) 1. If a patient or person authorized by the patient requests copies of the patient's health care records under this subsection for use in appealing a denial of social security disability insurance, under 42 USC 401 to 433, or supplemental security income, under 42 USC 1381 to 1385, the health care provider may charge the patient or person authorized by the patient no more than the amount that the federal social security administration reimburses the department for copies of patient health care records.

AB75-ASA1,1294,3 2. A health care provider may not charge a fee for providing one set of copies of a patient's health care records under this subsection if the patient is eligible for medical assistance, as defined in s. 49.43 (8). A health care provider may require that a patient or person authorized by the patient provide proof that the patient is eligible for medical assistance before providing copies under this subdivision without charge. A health care provider may charge the fees under par. (c) for providing a 2nd or additional set of copies of patient health care records for a patient who is eligible for medical assistance.

AB75-ASA1, s. 2433f Section 2433f. 146.83 (1h) of the statutes is created to read:

AB75-ASA1,1294,9 146.83 (1h) (a) Except as provided in s. 51.30 or 146.82 (2), if a person other than a patient and other than a person authorized by the patient requests copies of a patient's health care records, provides informed consent, and pays the applicable fees under par. (b) or (c), the health care provider shall, subject to sub. (1k), provide the person making the request copies of the requested records.

AB75-ASA1,1294,12 (b) Except as provided in par. (c), a health care provider may charge no more than the total of all of the following that apply for providing copies requested under par. (a):

AB75-ASA1,1294,13 1. For paper copies, 35 cents per page.

AB75-ASA1,1294,14 2. For microfiche or microfilm copies, $1.25 per page.

AB75-ASA1,1294,15 3. For a print of an X-ray, $10 per image.

AB75-ASA1,1294,16 4. For certification of copies, $5.

AB75-ASA1,1294,17 5. For processing and handling, a single $15 charge for all copies requested.

AB75-ASA1,1294,18 6. Actual shipping costs.

AB75-ASA1,1294,22 7. If the patient or person authorized by the patient requests delivery of the copies within 7 or fewer days after making a request for copies, and the health care provider delivers the copies within that time, a fee equal to 10 percent of the total fees that may be charged under subds. 1. to 6.

AB75-ASA1,1295,2 (c) If the department requests copies of a patient's health care records for use in determining eligibility for social security disability insurance, under 42 USC 401 to 433, or supplemental security income, under 42 USC 1381 to 1385, the health care provider may charge no more than the amount that the federal social security administration reimburses the department for copies of patient health care records.

AB75-ASA1, s. 2433h Section 2433h. 146.83 (1k) of the statutes is created to read:

AB75-ASA1,1295,11 146.83 (1k) (a) Upon the request of the person requesting copies of patient health care records under sub. (1f) or (1h), the health care provider shall provide the copies in a digital or electronic format unless the health care provider's record system does not provide for the creation or transmission of records in a digital or electronic format, in which case the health care provider shall provide the person a written explanation for why the copies cannot be provided in a digital or electronic format. The health care provider may include the written explanation with the production of paper copies of the records if the person chooses to receive paper copies.

AB75-ASA1,1295,13 (b) A health care provider may not charge a fee for the disc or other storage medium on which copies are provided in a digital or electronic format.

AB75-ASA1, s. 2433j Section 2433j. 146.83 (1m) (a) of the statutes is renumbered 146.83 (1m).

AB75-ASA1, s. 2433L Section 2433L. 146.83 (1m) (b) of the statutes is repealed.

AB75-ASA1, s. 2433n Section 2433n. 146.83 (3m) of the statutes is repealed.

AB75-ASA1, s. 2433p Section 2433p. 146.84 (2) (a) 1. of the statutes is amended to read:

AB75-ASA1,1295,19 146.84 (2) (a) 1. Requests or obtains confidential information under s. 146.82 or 146.83 (1) (1d), (1f), or (1h) under false pretenses.

AB75-ASA1, s. 2433r Section 2433r. 146.84 (2) (d), (e) and (f) of the statutes are created to read:

AB75-ASA1,1295,24 146.84 (2) (d) Any health care provider who does not allow inspection of patient health care records under s. 146.83 (1d) within 21 days after receiving notice from a patient or person authorized by the patient is subject to a forfeiture of $100, plus $10 for each day after 21 days that the health care provider does not allow inspection.

AB75-ASA1,1296,4 (e) Any health care provider who does not provide copies of patient health records requested under s. 146.83 (1f) (a) within 21 days after receiving the request is subject to a forfeiture of $100, plus $10 for each day after 21 days that the health care provider does not provide the copies.

AB75-ASA1,1296,10 (f) Any health care provider who does not provide a copy of an X-ray report or provide a copy of an X-ray to another health care provider within 30 days after a patient or person authorized by the patient makes a request for the X-ray report under s. 146.83 (1f) (b) is subject to a forfeiture of $100, plus $10 for each day after 30 days that the health care provider does not provide the copy of the report or provide the X-ray.

AB75-ASA1, s. 2433t Section 2433t. 146.905 (1) of the statutes is amended to read:

AB75-ASA1,1296,16 146.905 (1) Except as provided in sub. (2), a health care provider, as defined in s. 146.81 (1) (a) to (p), that provides a service or a product to an individual with coverage under a disability insurance policy, as defined in s. 632.895 (1) (a), may not reduce or eliminate or offer to reduce or eliminate coinsurance or a deductible required under the terms of the disability insurance policy.

AB75-ASA1, s. 2433v Section 2433v. 146.96 of the statutes is amended to read:

AB75-ASA1,1296,21 146.96 Uniform claim processing form. Beginning no later than July 1, 2004, every health care provider, as defined in s. 146.81 (1) (a) to (p), shall use the uniform claim processing form developed by the commissioner of insurance under s. 601.41 (9) (b) when submitting a claim to an insurer.

AB75-ASA1, s. 2433x Section 2433x. 146.98 of the statutes is created to read:

AB75-ASA1,1296,24 146.98 Ambulatory surgical center assessment. (1) In this section, "ambulatory surgical center" has the meaning given in 42 CFR 416.2.

AB75-ASA1,1297,6 (2) The department of revenue may impose an assessment on ambulatory surgical centers in this state that satisfies the requirements under 42 CFR 433.68 for collecting an assessment without incurring a reduction in federal financial participation under the federal Medicaid program. The department shall allocate any assessment imposed under this section among ambulatory surgical centers in proportion to their gross patient revenue.

AB75-ASA1,1297,7 (3) The department of revenue may do all of the following:

AB75-ASA1,1297,8 (a) Subject to sub. (2), determine the amount of assessment under this section.

AB75-ASA1,1297,10 (b) Collect assessments imposed under this section from ambulatory surgical centers.

AB75-ASA1,1297,13 (c) Require ambulatory surgical centers to provide the department of revenue any data that is required by the department of revenue to determine assessment amounts under this section.

AB75-ASA1,1297,15 (d) Establish deadlines by which ambulatory surgical centers shall pay assessments required under this section and provide data required under par. (c).

AB75-ASA1,1297,17 (e) Impose penalties on ambulatory surgical centers that do not comply with requirements under this section or rules promulgated under sub. (5).

AB75-ASA1,1297,19 (4) The department of revenue shall transfer 99.5 percent of the moneys collected under this section to the Medical Assistance trust fund.

AB75-ASA1,1297,21 (5) The department of revenue shall promulgate rules for the administration of the assessment under this section.

AB75-ASA1, s. 2434 Section 2434. 149.12 (2) (f) 2. h. of the statutes is created to read:

AB75-ASA1,1297,23 149.12 (2) (f) 2. h. Benefits under BadgerCare Plus under s. 49.471 (11).

AB75-ASA1, s. 2436n Section 2436n. 153.01 (4t) of the statutes is amended to read:

AB75-ASA1,1298,2 153.01 (4t) "Health care provider" has the meaning given in s. 146.81 (1) (a) to (p) and includes an ambulatory surgery center.

AB75-ASA1, s. 2437 Section 2437. 155.01 (12) of the statutes is repealed and recreated to read:

AB75-ASA1,1298,8 155.01 (12) "Relative" means an individual related by blood within the 3rd degree of kinship as computed under s. 990.001 (16); a spouse, domestic partner under ch. 770, or an individual related to a spouse or domestic partner within the 3rd degree as so computed; and includes an individual in an adoptive relationship within the 3rd degree.

AB75-ASA1, s. 2438 Section 2438. 155.10 (2) (a) of the statutes is amended to read:

AB75-ASA1,1298,11 155.10 (2) (a) Related to the principal by blood, marriage, or adoption, or the domestic partner under ch. 770 of the individual.

AB75-ASA1, s. 2439 Section 2439. 155.30 (1) (form) of the statutes is amended to read:

AB75-ASA1,1298,13 155.30 (1) (form)

AB75-ASA1,1298,14 "NOTICE TO PERSON

AB75-ASA1,1298,15 MAKING THIS DOCUMENT

AB75-ASA1,1298,19 YOU HAVE THE RIGHT TO MAKE DECISIONS ABOUT YOUR HEALTH CARE. NO HEALTH CARE MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND NECESSARY HEALTH CARE MAY NOT BE STOPPED OR WITHHELD IF YOU OBJECT.

AB75-ASA1,1298,25 BECAUSE YOUR HEALTH CARE PROVIDERS IN SOME CASES MAY NOT HAVE HAD THE OPPORTUNITY TO ESTABLISH A LONG-TERM RELATIONSHIP WITH YOU, THEY ARE OFTEN UNFAMILIAR WITH YOUR BELIEFS AND VALUES AND THE DETAILS OF YOUR FAMILY RELATIONSHIPS. THIS POSES A PROBLEM IF YOU BECOME PHYSICALLY OR MENTALLY UNABLE TO MAKE DECISIONS ABOUT YOUR HEALTH CARE.

AB75-ASA1,1299,13 IN ORDER TO AVOID THIS PROBLEM, YOU MAY SIGN THIS LEGAL DOCUMENT TO SPECIFY THE PERSON WHOM YOU WANT TO MAKE HEALTH CARE DECISIONS FOR YOU IF YOU ARE UNABLE TO MAKE THOSE DECISIONS PERSONALLY. THAT PERSON IS KNOWN AS YOUR HEALTH CARE AGENT. YOU SHOULD TAKE SOME TIME TO DISCUSS YOUR THOUGHTS AND BELIEFS ABOUT MEDICAL TREATMENT WITH THE PERSON OR PERSONS WHOM YOU HAVE SPECIFIED. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF HEALTH CARE THAT YOU DO OR DO NOT DESIRE, AND YOU MAY LIMIT THE AUTHORITY OF YOUR HEALTH CARE AGENT. IF YOUR HEALTH CARE AGENT IS UNAWARE OF YOUR DESIRES WITH RESPECT TO A PARTICULAR HEALTH CARE DECISION, HE OR SHE IS REQUIRED TO DETERMINE WHAT WOULD BE IN YOUR BEST INTERESTS IN MAKING THE DECISION.

AB75-ASA1,1300,2 THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GIVES YOUR AGENT BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU. IT REVOKES ANY PRIOR POWER OF ATTORNEY FOR HEALTH CARE THAT YOU MAY HAVE MADE. IF YOU WISH TO CHANGE YOUR POWER OF ATTORNEY FOR HEALTH CARE, YOU MAY REVOKE THIS DOCUMENT AT ANY TIME BY DESTROYING IT, BY DIRECTING ANOTHER PERSON TO DESTROY IT IN YOUR PRESENCE, BY SIGNING A WRITTEN AND DATED STATEMENT OR BY STATING THAT IT IS REVOKED IN THE PRESENCE OF TWO WITNESSES. IF YOU REVOKE, YOU SHOULD NOTIFY YOUR AGENT, YOUR HEALTH CARE PROVIDERS AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY. IF YOUR AGENT IS YOUR SPOUSE OR DOMESTIC PARTNER AND YOUR MARRIAGE IS ANNULLED OR YOU ARE DIVORCED OR THE DOMESTIC PARTNERSHIP IS TERMINATED AFTER SIGNING THIS DOCUMENT, THE DOCUMENT IS INVALID.

AB75-ASA1,1300,9 YOU MAY ALSO USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT UPON YOUR DEATH. IF YOU USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT, THIS DOCUMENT REVOKES ANY PRIOR RECORD OF GIFT THAT YOU MAY HAVE MADE. YOU MAY REVOKE OR CHANGE ANY ANATOMICAL GIFT THAT YOU MAKE BY THIS DOCUMENT BY CROSSING OUT THE ANATOMICAL GIFTS PROVISION IN THIS DOCUMENT.

AB75-ASA1,1300,11 DO NOT SIGN THIS DOCUMENT UNLESS YOU CLEARLY UNDERSTAND IT.

AB75-ASA1,1300,13 IT IS SUGGESTED THAT YOU KEEP THE ORIGINAL OF THIS DOCUMENT ON FILE WITH YOUR PHYSICIAN."

AB75-ASA1, s. 2440 Section 2440. 155.30 (3) (form) of the statutes is amended to read:

AB75-ASA1,1300,15 155.30 (3) (form)

AB75-ASA1,1300,16 POWER OF ATTORNEY FOR HEALTH CARE

AB75-ASA1,1300,17 Document made this.... day of.... (month),.... (year).

AB75-ASA1,1300,19 CREATION OF POWER OF ATTORNEY FOR HEALTH CARE

AB75-ASA1,1301,2 I,.... (print name, address and date of birth), being of sound mind, intend by this document to create a power of attorney for health care. My executing this power of attorney for health care is voluntary. Despite the creation of this power of attorney for health care, I expect to be fully informed about and allowed to participate in any health care decision for me, to the extent that I am able. For the purposes of this document, "health care decision" means an informed decision to accept, maintain, discontinue or refuse any care, treatment, service or procedure to maintain, diagnose or treat my physical or mental condition.

AB75-ASA1,1301,4 In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death.

AB75-ASA1,1301,5 DESIGNATION OF HEALTH CARE AGENT

AB75-ASA1,1301,20 If I am no longer able to make health care decisions for myself, due to my incapacity, I hereby designate.... (print name, address and telephone number) to be my health care agent for the purpose of making health care decisions on my behalf. If he or she is ever unable or unwilling to do so, I hereby designate.... (print name, address and telephone number) to be my alternate health care agent for the purpose of making health care decisions on my behalf. Neither my health care agent nor my alternate health care agent whom I have designated is my health care provider, an employee of my health care provider, an employee of a health care facility in which I am a patient or a spouse of any of those persons, unless he or she is also my relative. For purposes of this document, "incapacity" exists if 2 physicians or a physician and a psychologist who have personally examined me sign a statement that specifically expresses their opinion that I have a condition that means that I am unable to receive and evaluate information effectively or to communicate decisions to such an extent that I lack the capacity to manage my health care decisions. A copy of that statement must be attached to this document.

AB75-ASA1,1301,21 GENERAL STATEMENT OF AUTHORITY GRANTED

AB75-ASA1,1302,3 Unless I have specified otherwise in this document, if I ever have incapacity I instruct my health care provider to obtain the health care decision of my health care agent, if I need treatment, for all of my health care and treatment. I have discussed my desires thoroughly with my health care agent and believe that he or she understands my philosophy regarding the health care decisions I would make if I were able. I desire that my wishes be carried out through the authority given to my health care agent under this document.

AB75-ASA1,1302,12 If I am unable, due to my incapacity, to make a health care decision, my health care agent is instructed to make the health care decision for me, but my health care agent should try to discuss with me any specific proposed health care if I am able to communicate in any manner, including by blinking my eyes. If this communication cannot be made, my health care agent shall base his or her decision on any health care choices that I have expressed prior to the time of the decision. If I have not expressed a health care choice about the health care in question and communication cannot be made, my health care agent shall base his or her health care decision on what he or she believes to be in my best interest.

AB75-ASA1,1302,13 LIMITATIONS ON MENTAL HEALTH TREATMENT