AB100: Bill Text

AB100,1273,23 (a) Shall require hospitals to submit information regarding medical malpractice, staffing levels and patient case-mix, and expenditures related to labor relations consultants, as specified by the office department.

AB100,1274,3 (b) May require hospitals to submit to the office department information from sources identified under sub. (1) (a) to (e) that the office department deems necessary for the preparation of reports, plans and recommendations under ss. 153.10 to 153.35 and any other reports required of the office department in the form specified by the office department.

AB100,1274,7 (bm) Shall require a hospital to submit to the office department information from sources identified under sub. (1) (e) by the date that is 4 months following the close of the hospital's fiscal year unless the office department grants an extension of time to file the information.

AB100, s. 3050 Section 3050. 153.05 (6) of the statutes is amended to read:

AB100,1274,14 153.05 (6) If the requirements of s. 153.07 (2) are first met, the office department may contract with a public or private entity that is not a major purchaser, payer or provider of health care services in this state for the provision of data processing services for the collection, analysis and dissemination of health care information under sub. (1) or the department of health and family services shall provide the services under s. 153.07 (2).

AB100, s. 3051 Section 3051. 153.05 (6m) of the statutes is amended to read:

AB100,1274,23 153.05 (6m) If the requirements of s. 153.07 (2) are first met, the office department may contract with the group insurance board for the provision of data collection and analysis services related to health maintenance organizations and insurance companies that provide health insurance for state employes or the commissioner department shall provide the services under s. 153.07 (2). The office department shall establish contract fees for the provision of the services. All moneys collected under this subsection shall be credited to the appropriation under s. 20.145 (8) 20.435 (1) (kx).

AB100, s. 3052 Section 3052. 153.05 (7) of the statutes is amended to read:

AB100,1275,4 153.05 (7) The office department may require each insurer authorized to write disability insurance to submit to the office department information obtained on uniform patient billing forms regarding reported claims for health care services which insureds who are residents of this state obtain in another state.

AB100, s. 3053 Section 3053. 153.05 (8) of the statutes is amended to read:

AB100,1275,14 153.05 (8) Beginning April 1, 1992, the office department shall collect, analyze and disseminate, in language that is understandable to lay persons, health care information under the provisions of this chapter, as determined by rules promulgated by the commissioner department, from health care providers, as defined by rules promulgated by the commissioner department, other than hospitals and ambulatory surgery centers. Data from physicians shall be obtained through sampling techniques in lieu of collection of data on all patient encounters and data collection procedures shall minimize unnecessary duplication and administrative burdens.

AB100, s. 3054 Section 3054. 153.05 (9) of the statutes is amended to read:

AB100,1275,19 153.05 (9) The office department shall provide orientation and training to physicians, hospital personnel and other health care providers to explain the process of data collection and analysis and the procedures for data verification, interpretation and release.

AB100, s. 3055 Section 3055. 153.05 (11) of the statutes is amended to read:

AB100,1275,24 153.05 (11) In order to elicit public comment concerning the reports required under ss. 153.10 to 153.35, the office department shall, following the release of the reports and by a date that is determined by the board, provide notice of and hold public hearings.

AB100, s. 3056 Section 3056. 153.05 (12) of the statutes is amended to read:

AB100,1276,3 153.05 (12) The office department shall, to the extent possible and upon request, assist members of the public in interpreting data in health care information disseminated by the office department.

AB100, s. 3057 Section 3057. 153.07 (1) of the statutes is amended to read:

AB100,1276,7 153.07 (1) The board shall advise the director of the office department with regard to the collection, analysis and dissemination of health care information required by this chapter.

AB100, s. 3058 Section 3058. 153.07 (2) of the statutes is amended to read:

AB100,1276,20 153.07 (2) The board, upon advice of the office department, shall first determine whether to contract for services pursuant to s. 153.05 (6) or (6m). If the board determines to contract for such services, it shall approve specifications for a contract including the length of the contract and the standards for determining potential contractor conflicts with the purposes of the office department as specified under s. 153.05 (1). In the alternative, the board may direct the office to have the department of health and family services department to provide the services under s. 153.05 (6) or (6m). The board may subsequently determine to contract for these services in subsequent years. If the board decides to bid the contract for services under s. 153.05 (6) or (6m), the department of health and family services may offer a bid as would any other potential contractor. The board shall evaluate a contractor's performance 6 months prior to the close of each existing contract.

AB100, s. 3059 Section 3059. 153.07 (3) of the statutes is amended to read:

AB100,1276,23 153.07 (3) The board shall approve all rules which are proposed by the commissioner department for promulgation to implement this chapter.

AB100, s. 3060 Section 3060. 153.08 (2) (b) of the statutes is amended to read:

AB100,1277,12 153.08 (2) (b) No sooner than 15 days after a notice is published under par. (a) and no later than 15 days before the date of the proposed rate change, conducts a public hearing on the proposed rate change. The hearing shall be on the expected impact of the proposed rate change on health care costs, the expected improvement, if any, in the local health care delivery system, and any other issue related to the proposed rate change. Management staff, if any, of the hospital proposing the rate change and, if possible, at least 3 members of the governing board of any not-for-profit hospital proposing the rate change shall attend the public hearing to review public testimony. The hospital shall record accurate minutes of the meeting and shall provide copies of the minutes and any written testimony presented at the hearing to the office of health care information in the office of the commissioner of insurance department within 10 days after the date of the public hearing.

AB100, s. 3061 Section 3061. 153.10 (1) of the statutes is amended to read:

AB100,1277,18 153.10 (1) Beginning in 1990 and quarterly thereafter, the office department shall prepare and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), in a manner that permits comparisons among hospitals, a report setting forth all of the following for every hospital for the preceding quarter:

AB100,1277,20 (a) The charges for up to 100 health care services or diagnostic-related groups selected by the office department.

AB100,1277,22 (b) The utilization and charge information for ambulatory surgery and other outpatient health care services selected by the office department.

AB100, s. 3062 Section 3062. 153.15 of the statutes is amended to read:

AB100,1278,4 153.15 Small area analysis reports. Beginning in 1990 and annually thereafter, the office department shall prepare and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) reports identifying health care services or procedures provided by one or more hospitals in specific areas of the state for which the rate of utilization of the service or procedure is significantly different than the state or area average.

AB100, s. 3063 Section 3063. 153.20 of the statutes is amended to read:

AB100,1278,13 153.20 Uncompensated health care services report. (1) Beginning in 1990 and annually thereafter, the office department shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) a report setting forth the number of patients to whom uncompensated health care services were provided by each hospital and the total charges for the uncompensated health care services provided to the patients for the preceding year, together with the number of patients and the total charges that were projected by the hospital for that year in the plan filed under sub. (2).

AB100,1278,18 (2) Beginning in 1990 and annually thereafter, every hospital shall file with the office department a plan setting forth the projected number of patients to whom uncompensated health care services will be provided by the hospital and the projected total charges for the uncompensated health care services to be provided to the patients for the ensuing year.

AB100, s. 3064 Section 3064. 153.25 of the statutes is amended to read:

AB100,1279,2 153.25 Mortality and morbidity report. Beginning in 1990 and annually thereafter, the office department shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) reports setting forth mortality and morbidity rates for every hospital. Before the release of a report under this section, the office department shall provide the physicians, hospitals or other health care providers identified in the report with the opportunity to review and comment under s. 153.40 (6).

AB100, s. 3065 Section 3065. 153.30 of the statutes is amended to read:

AB100,1279,9 153.30 Health care insurance report. Beginning in 1990 and annually thereafter, the office department and the office of the commissioner of insurance may jointly prepare and submit to the governor, and to the legislature under s. 13.172 (2), a report specifying, to the extent possible, on a regional basis, the number, nature of coverage and costs of health care coverage plans covering residents of this state during the preceding year.

AB100, s. 3066 Section 3066. 153.35 (intro.) of the statutes is amended to read:

AB100,1279,15 153.35 (title) Report by the office department. (intro.) The office department shall annually, by October 1, under rules promulgated by the commissioner department, submit under s. 13.172 (3) a report to the legislature for distribution to standing committees with jurisdiction over health matters, that shall include all of the following:

AB100, s. 3067 Section 3067. 153.35 (1) of the statutes is amended to read:

AB100,1279,19 153.35 (1) The range, median and mean of charges and increases or decreases in specific charges by hospitals for up to 100 charge elements, as selected by the office department, as reported to the office department under s. 153.05 (1) (c) 1.

AB100, s. 3068 Section 3068. 153.40 (1) of the statutes is amended to read:

AB100,1280,2 153.40 (1) Prior to data submission, hospitals, ambulatory surgery centers or other health care providers shall review discharge data for accuracy and shall obtain verification by the physician of the principal and secondary diagnoses and primary and secondary procedures. The verification shall occur within the time specified by rules promulgated by the commissioner department for data submission to the office department. If the verification is not made on a timely basis, the hospital or other health care provider shall submit the data noting the lack of verification.

AB100, s. 3069 Section 3069. 153.40 (2) of the statutes is amended to read:

AB100,1280,11 153.40 (2) The office department shall be responsible for assuring that appropriate editing is conducted for all submitted data to identify systematic errors, missing data, values beyond an allowed range, illegal codes within a range, illogical sequence of dates, diagnoses and procedures inconsistent with age and sex, other data failing internal consistency checks and other patterns inconsistent with what would be expected. The office department shall notify hospitals, ambulatory surgery centers or, beginning April 1, 1992, other health care providers of missing or incorrect information under this subsection.

AB100, s. 3070 Section 3070. 153.40 (3) of the statutes is amended to read:

AB100,1280,16 153.40 (3) Hospitals, ambulatory surgery centers or, beginning April 1, 1992, other health care providers shall be responsible for resolving the errors found by the editing under sub. (2) and shall resubmit corrected data within 10 working days after receiving written notification from the office department of the errors.

AB100, s. 3071 Section 3071. 153.40 (4) of the statutes is amended to read:

AB100,1280,20 153.40 (4) The office department shall send edited and corrected data to hospitals, ambulatory surgery centers or, beginning April 1, 1992, other health care providers for a 10-working-day review period before the data are released.

AB100, s. 3072 Section 3072. 153.40 (5) of the statutes is amended to read:

AB100,1280,25 153.40 (5) The office department may, by rules promulgated by the commissioner department, require that other forms of data verification, including reabstracting studies and comparisons with information collected from other data systems, be conducted prior to the release of physician-specific data.

AB100, s. 3073 Section 3073. 153.40 (6) of the statutes is amended to read:

AB100,1281,10 153.40 (6) At least 30 calendar days prior to the release of a report under s. 153.25, the office department shall notify a physician, hospital or other health care provider identified in the report of the office's department's intent to release the report. The notification shall include a copy of the draft report and a statement that those identified may submit comments on the report to the office department. If the office department receives comments prior to the release of the report, the office department shall append the comments to the report. If the office department receives comments after the report is released, the office department shall make the comments available to anyone requesting the comments.

AB100, s. 3074 Section 3074. 153.45 (1) (intro.) of the statutes is amended to read:

AB100,1281,13 153.45 (1) (intro.)  After completion of data verification and review procedures under s. 153.40, the office department shall release data in the following forms:

AB100, s. 3075 Section 3075. 153.45 (1) (b) of the statutes is amended to read:

AB100,1281,19 153.45 (1) (b) Public use tapes which do not permit the identification of specific patients, physicians, employers or other health care providers, as defined by rules promulgated by the commissioner department. The identification of these groups shall be protected by all necessary means, including the deletion of patient identifiers and the use of calculated variables and aggregated variables.

AB100, s. 3076 Section 3076. 153.45 (2) of the statutes is amended to read:

AB100,1281,23 153.45 (2) The office department shall provide to other entities the data necessary to fulfill their statutory mandates for epidemiological purposes or to minimize the duplicate collection of similar data elements.

AB100, s. 3077 Section 3077. 153.45 (3) of the statutes is amended to read:

AB100,1282,3 153.45 (3) The office department shall release physician-specific and employer-specific data, except in public use tapes as specified under sub. (1) (b), in a manner that is specified in rules promulgated by the commissioner department.

AB100, s. 3078 Section 3078. 153.50 of the statutes is amended to read:

AB100,1282,16 153.50 Protection of patient confidentiality. Patient-identifiable data obtained under this chapter and contained in the discharge data base of the office department is not subject to inspection, copying or receipt under s. 19.35 (1) and may not be released by the office department, except to the patient or to a person granted permission for release by the patient and except that a hospital, a physician, or the agent of a hospital or physician or the commissioner may have access to patient-identifiable data to ensure the accuracy of the information in the discharge data base. The department of health and family services may have access to the discharge data base for the purposes of completing epidemiological reports and eliminating the need to maintain a data base that duplicates that of the office, if the department of health and family services does not release or otherwise provide access to the patient-identifiable data.

AB100, s. 3079 Section 3079. 153.60 (title) of the statutes is amended to read:

AB100,1282,19 153.60 (title) Assessments to fund operations of office department and board.

AB100, s. 3080 Section 3080. 153.60 (1) of the statutes is amended to read:

AB100,1283,7 153.60 (1) The office department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the office department and the board for that fiscal year. The office department shall assess the estimated total amount for that fiscal year less the estimated total amount to be received under s. 20.145 (8) (hi), (hj), (kx) and (mr) 20.435 (1) (hi) during the fiscal year and the unencumbered balances balance of the amounts amount received under s. 20.145 (8) (hi), (hj) and (mr) 20.435 (1) (hi) from the prior fiscal year, to hospitals in proportion to each hospital's respective gross private-pay patient revenues during the hospital's most recently concluded entire fiscal year. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.145 (8) 20.435 (1) (hg).

AB100, s. 3081 Section 3081. 153.60 (2) of the statutes is amended to read:

AB100,1283,12 153.60 (2) The office department may assess ambulatory surgery centers under this section, using as the basis for individual ambulatory surgery center assessments the methods and criteria promulgated by rule by the commissioner department under s. 153.75 (1) (k).

AB100, s. 3082 Section 3082. 153.65 of the statutes is amended to read:

AB100,1283,21 153.65 Provision of special information; user fees. The office department may provide, upon request from a person, a data compilation or a special report based on the information collected by the office department under s. 153.05 (1), (3), (4) (b), (5), (7) or (8) or 153.08. The office department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this section shall be credited to the appropriation under s. 20.145 (8) 20.435 (1) (hi).

AB100, s. 3083 Section 3083. 153.75 (1) (intro.) of the statutes is amended to read:

AB100,1283,24 153.75 (1) (intro.) Following approval by the board, the commissioner department shall promulgate the following rules:

AB100, s. 3084 Section 3084. 153.75 (1) (b) of the statutes is amended to read:

AB100,1284,3 153.75 (1) (b) Establishing procedures under which hospitals and health care providers are permitted to review and verify patient-related information prior to its submission to the office department.

AB100, s. 3085 Section 3085. 153.75 (2) (intro.) of the statutes is amended to read:

AB100,1284,6 153.75 (2) (intro.) With the approval of the board, the commissioner department may promulgate all of the following rules:

AB100, s. 3086 Section 3086. 153.75 (2) (c) of the statutes is amended to read:

AB100,1284,10 153.75 (2) (c) Providing for the efficient collection, analysis and dissemination of health care information which the office department may require under this chapter.

AB100, s. 3087 Section 3087. 153.90 (3) of the statutes is amended to read:

AB100,1284,18 153.90 (3) The commissioner department may directly assess forfeitures under sub. (2). If the commissioner department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the commissioner department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute or rule and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44.

AB100, s. 3088 Section 3088. 157.06 (1) (j) and (k) of the statutes are created to read:

AB100,1284,22 157.06 (1) (j) "Technician" means an individual who is appropriately trained to remove or process tissue or bone while under the direction or supervision of a physician.

AB100,1284,23 (k) "Tissue" includes all of the following:

AB100,1284,24 1. Skin.

AB100,1284,25 2. Connective tissue, including tendons and ligaments.

AB100,1285,2 3. Cardiovascular tissue, including valves, blood vessels and pericardium, that is not suitable for use for cardiovascular organ transplantation.

AB100, s. 3089 Section 3089. 157.06 (2) (d) of the statutes is amended to read: