AB552: Bill Text

AB552,18,8 153.75 (2) (intro.)  With the Following approval of the board, the commissioner department may promulgate all of the following rules:

AB552,18,10 (c) Providing for the efficient collection, analysis and dissemination of health care information which the office department may require under this chapter.

AB552, s. 62 Section 62. 153.75 (2) (b) of the statutes is repealed.

AB552, s. 63 Section 63. 153.75 (2) (d) of the statutes is created to read:

AB552,18,15 153.75 (2) (d) Specifying the information collected under any voluntary system of health care plan reporting under s. 153.05 (6r) and the methods and criteria for assessing health care plans that submit data under that subsection.

AB552, s. 64 Section 64. 153.90 (1) and (2) of the statutes are amended to read:

AB552,18,19 153.90 (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 or imprisoned for not more than 9 months or both.

AB552,19,2 (2) Any person who violates this chapter or any rule promulgated under the authority of this chapter, except ss. 153.45 (5), 153.50 and 153.75 (1) (a), as provided in s. 153.85 and sub. (1), shall forfeit not more than $100 for each violation. Each day of violation constitutes a separate offense, except that no day in the period between the date on which a request for a hearing is filed under s. 227.44 and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this section constitutes a violation.

AB552, s. 65 Section 65. 153.90 (3) of the statutes is amended to read:

AB552,19,10 153.90 (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.

AB552, s. 66 Section 66. 230.08 (2) (ym) of the statutes is repealed.

AB552, s. 67 Section 67. 601.429 of the statutes is repealed.

AB552, s. 68 Section 68. 943.30 (5) of the statutes is created to read:

AB552,19,15 943.30 (5) (a) In this subsection, "patient health care records" has the meaning given in s. 146.81 (4).

AB552,19,20 (b) Whoever, orally or by any written or printed communication, maliciously uses, or threatens to use, the patient health care records of another person, with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class D felony.

AB552, s. 69 Section 69. Nonstatutory provisions; health and family services.

AB552,20,5 (1) The department of health and family services shall prepare a report on the feasibility of requiring major health care providers, other than hospitals, to report annually on the services provided as either charity care or bad debt services and to file an annual plan on projected services that will be provided as either charity care or bad debt services, in the same manner as the annual report and plan by hospitals under section 153.20 of the statutes, as affected by this act. By the first day of the 7th month after publication of this act, the department shall submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes, to the board on health care information and to the governor.

AB552, s. 70 Section 70. Nonstatutory provisions; insurance; transfer of health care information functions.

AB552,20,10 (1) Assets and liabilities. On the effective date of this subsection, all assets and liabilities of the office of the commissioner of insurance that are primarily related to the functions of the office of health care information shall become the assets and liabilities of the department of health and family services.

AB552,20,20 (2)  Employe transfers. The department of health and family services and the office of the commissioner of insurance shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question. On the effective date of this subsection, 19.0 FTE PR positions in the office of the commissioner of insurance that are primarily related to the functions of the office of health care information and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of health and family services.

AB552,21,2 (3) Employe status. Employes transferred under subsection (2 ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of health and family services that they enjoyed in the office of the commissioner of insurance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB552,21,11 (4) Tangible personal property. On the effective date of this subsection, all tangible personal property, including records, of the office of the commissioner of insurance that is primarily related to the functions of the office of health care information are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify the tangible personal property, including records, and shall jointly develops and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner, the secretary of administration shall decide the question.

AB552,21,18 (5) Pending matters. On the effective date of this subsection, any matter pending with the office of the commissioner of insurance primarily related to the functions of the office of health care information is transferred to the department of health and family services. All materials submitted to or actions taken by the office of the commissioner of insurance with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.

AB552,22,5 (6) Contracts. On the effective date of this subsection, all contracts entered into by the office of the commissioner of insurance primarily related to the functions of the office of health care information which are in effect on the effective date of this subsection remain in effect and are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question. The department of health and family services shall carry out any such contractual obligations until modified or rescinded by the department of health and family services to the extent allowed under the contracts.

AB552,22,14 (7) Rules and orders. All rules promulgated by the office of the commissioner of insurance that are in effect on the effective date of this subsection and that are primarily related to the functions of the office of health care information remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the office of the commissioner of insurance that are in effect on the effective date of this subsection and that are primarily related to the functions of the office of health care information remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

AB552, s. 71 Section 71. Initial applicability.

AB552,22,18 (1) Section 15.07 (1) (b) 21. of the statutes, as created by this act, first applies to persons appointed to the board on health care information on the effective date of this act.

AB552, s. 72 Section 72. Effective date.

AB552,22,21 (1)  This act takes effect on the day after publication of this act or on the second day after publication of the 1997-99 biennial budget act, whichever is later.

AB552,22,22 (End)