AB428: Bill Text

Current s. 610.70, stats., relates to disclosure of personal medical information by insurers. Current sub. (7) states that any person who knowingly and wilfully obtains information about an individual from an insurer or insurance support organization under false pretenses may be fined not more than $10,000, imprisoned for not more than one year in the county jail, or both. This bill modifies the penalty to provide that such a person may not be fined more than $25,000, imprisoned for not more than 9 months, or both. In addition, the bill creates a provision that states that such a person is liable to the individual for actual damages, exemplary damages of not more than $25,000 and costs and reasonable actual attorney fees.

AB428, s. 1 Section 1. 51.30 (9) (title) of the statutes is created to read:

AB428,3,2 51.30 (9) (title) Actions for violations; damages; injunction.

AB428, s. 2 Section 2. 51.30 (9) (a) and (b) of the statutes are amended to read:

AB428,3,10 51.30 (9) (a) Any person, including the state or any political subdivision of the state, violating this section shall be liable to any person damaged as a result of the violation for such damages as may be proved, together with exemplary damages of not less more than $200 $10,000 for each violation and such costs and reasonable actual attorney fees as may be incurred by the person damaged. A custodian of records incurs no liability under this paragraph for the release of records in accordance with this section while acting in good faith.

AB428,4,3 (b) In any action brought under par. (a) in which the court determines that the violator acted in a manner that was knowing and wilful, the violator shall be liable for such damages as may be proved together with exemplary damages of not less more than $1,000 $25,000 for each violation, together with costs and reasonable actual attorney fees as may be incurred. It is not a prerequisite to an action under this subsection that the plaintiff suffer or be threatened with actual damages.

AB428, s. 3 Section 3. 51.30 (10) of the statutes is renumbered 51.30 (10) (a), and 51.30 (10) (a) (intro.), as renumbered, is amended to read:

AB428,4,7 51.30 (10) (a) (intro.) Whoever does any of the following may be fined not more than $1,000 $25,000 or imprisoned for not more than 6 9 months or both:

AB428, s. 4 Section 4. 51.30 (10) (b) of the statutes is created to read:

AB428,4,10 51.30 (10) (b) Whoever negligently discloses confidential information under this section is subject to a forfeiture of not more than $1,000 for each violation.

AB428, s. 5 Section 5. 146.84 (1) (a) of the statutes is amended to read:

AB428,4,14 146.84 (1) (a) A custodian of records incurs no liability under this paragraph par. (bm) for the release of records in accordance with s. 146.82 or 146.83 while acting in good faith.

AB428, s. 6 Section 6. 146.84 (1) (b) of the statutes is amended to read:

AB428,4,20 146.84 (1) (b) Any person, including the state or any political subdivision of the state, who violates s. 146.82 or 146.83 in a manner that is knowing and wilful shall be liable to any person injured as a result of the violation for actual damages to that person;, exemplary damages of $1,000 in an action under this paragraph not more than $25,000 and costs and reasonable actual attorney fees.

AB428, s. 7 Section 7. 146.84 (1) (bm) of the statutes is created to read:

AB428,4,25 146.84 (1) (bm) Any person, including the state or any political subdivision of the state, who negligently violates s. 146.82 or 146.83 shall be liable to any person injured as a result of the violation for actual damages to that person, exemplary damages of not more than $10,000 and costs and reasonable actual attorney fees.

AB428, s. 8 Section 8. 146.84 (2) (intro.) of the statutes is renumbered 146.84 (2) (a) (intro.) and amended to read:

AB428,5,4 146.84 (2) (a) (intro.) Whoever does any of the following may be fined not more than $1,000 $25,000 or imprisoned for not more than 6 9 months or both:

AB428, s. 9 Section 9. 146.84 (2) (a) to (c) of the statutes are renumbered 146.84 (2) (a) 1. to 3.

AB428, s. 10 Section 10. 146.84 (2) (b) of the statutes is created to read:

AB428,5,10 146.84 (2) (b) Whoever negligently discloses confidential information in violation of s. 146.82 is subject to a forfeiture of not more than $1,000 for each violation.

AB428, s. 11 Section 11. 252.15 (8) (a) of the statutes is amended to read:

AB428,5,15 252.15 (8) (a) Any person violating sub. (2), (5) (a), (5m), (6) or (7) (c) is liable to the subject of the test for actual damages and, costs and reasonable actual attorney fees, plus exemplary damages of up to $1,000 $10,000 for a negligent violation and up to $5,000 $25,000 for an intentional violation.

AB428, s. 12 Section 12. 252.15 (9) of the statutes is amended to read:

AB428,5,22 252.15 (9) Criminal penalty Penalties. Whoever intentionally discloses the results of a blood test in violation of sub. (2) (a) 7m., (5) (a) or (5m) and thereby causes bodily harm or psychological harm to the subject of the test may be fined not more than $10,000 $25,000 or imprisoned not more than 9 months or both. Whoever negligently discloses the results of a blood test in violation of sub. (2) (a) 7m., (5) (a) or (5m) is subject to a forfeiture of not more than $1,000 for each violation.

AB428, s. 13 Section 13. 252.15 (10) of the statutes is created to read:

AB428,6,3 252.15 (10) Discipline of employes. Any employe of the state or a political subdivision of the state who violates this section may be discharged or suspended without pay.

AB428, s. 14 Section 14. 610.70 (7) of the statutes, as created by 1997 Wisconsin Act 231, is renumbered 610.70 (7) (a) and amended to read:

AB428,6,9 610.70 (7) (a) Any person who knowingly and wilfully obtains information about an individual from an insurer or insurance support organization under false pretenses may be fined not more than $10,000 $25,000 or imprisoned for not more than one year in the county jail 9 months or both.

AB428, s. 15 Section 15. 610.70 (7) (b) of the statutes is created to read:

AB428,6,15 610.70 (7) (b) Any person who knowingly and wilfully obtains information about an individual from an insurer or insurance support organization under false pretenses shall be liable to the individual for actual damages to that individual, exemplary damages of not more than $25,000 and costs and reasonable actual attorney fees.

AB428, s. 16 Section 16. 895.85 (2) of the statutes is amended to read:

AB428,6,20 895.85 (2) Scope. This section does not apply to awards of double damages or treble damages, or to the award of exemplary damages under ss. 46.90 (6) (c), 51.30 (9), 51.61 (7), 103.96 (2), 134.93 (5), 146.84 (1) (b) and (bm), 153.85, 252.14 (4), 252.15 (8) (a), 610.70 (7) (b), 943.245 (2) and (3) and 943.51 (2) and (3).

AB428,6,21 (End)