LRB-0351/1
DAK&RPN:kmg&jlg:jlb
1997 - 1998 LEGISLATURE
June 26, 1997 - Introduced by Senators Decker and Moen, cosponsored by
Representatives Kreuser, Albers, Ziegelbauer, Staskunas, Johnsrud and
Ott. Referred to Committee on Health, Human Services, Aging, Corrections,
Veterans and Military Affairs.
SB250,1,3
1An Act to amend 908.03 (6m) (d) of the statutes;
relating to: uniform fees
2chargeable for certified duplicate health care records and granting
3rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the department of health and family services (DHFS) must,
by rule, prescribe uniform fees that a health care provider may charge attorneys to
obtain certified duplicate health care records that are subject to subpoena. (Health
care providers affected by this law are chiropractors, dentists and physician
assistants, nonpublic physicians and nurse anesthetists and certain nonpublic
facilities, associations or corporations.) The uniform fees are required to be based
on an approximation of the actual costs but also permit the health care provider to
charge for postage or other delivery costs. Currently, rules of DHFS permit a health
care provider to charge attorneys the greater of $8.40 per request or 45 cents per
record page for the first 50 pages and 25 cents per record page for the remaining
pages, $4 for each X-ray copy and the actual costs of postage or other means of
delivery of the records.
This bill eliminates the restriction on the type of health care records that are
subject to the uniform fees established by DHFS. Because of that, under the bill,
DHFS must establish by rule uniform fees, based on an approximation of actual
costs, that a health care provider may charge for certified duplicate health care
records that are requested by an attorney on behalf of his or her client. The filing
of an action may not be used as a requirement for the application of the uniform fees.
The bill also eliminates the authority for health care providers to charge for other
delivery costs of the health care records.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB250, s. 1
1Section
1. 908.03 (6m) (d) of the statutes is amended to read:
SB250,2,82
908.03
(6m) (d)
Fees. The department of health and family services shall, by
3rule, prescribe uniform fees
that are based on an approximation of
the actual costs
.
4The fees are the maximum amount that a health care provider may charge
under par.
5(c) 3. for certified duplicate health care records
that are requested by an attorney on
6behalf of his or her client. The rule shall also allow the health care provider to charge
7for postage
or other delivery costs. The commencement of an action is not a
8prerequisite for the application of this paragraph.
