SB71: Bill Text

LRB-1359/1

DAK:jld:pg

2001 - 2002 LEGISLATURE

2001 Senate BILL 71

February 28, 2001 - Introduced by Senators Decker, Burke, Moen, Erpenbach, Plache, Baumgart, Moore, George, Grobschmidt and Schultz, cosponsored by Representatives M. Lehman, Staskunas, Underheim, Ziegelbauer, Seratti, Loeffelholz, F. Lasee, McCormick, Bock, Wood, Gronemus, Miller, Cullen, Kreuser, J. Lehman, La Fave, Colon, Huber, Plouff and Hebl. Referred to Committee on Health, Utilities, Veterans and Military Affairs.

SB71,1,4 An Act to amend 146.83 (1) (b), 146.83 (1) (c), 908.03 (6m) (d) and 908.03 (6m) (d); and to create 146.83 (3m) of the statutes; relating to: uniform fees chargeable for certified duplicate health care records and X-ray reports and referral of X-rays and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law relating to patient health care records, patients or other persons may receive a copy of the patient's health care record or X-ray report upon submitting a statement of informed consent for the release and upon payment of reasonable costs.

Under current law, relating to evidence in court proceedings, 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, nurse anesthetists, massage therapists and bodyworkers, and certain nonpublic facilities, associations, or corporations.) The uniform fees must 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 changes laws relating to patient health care records to require that DHFS promulgate rules that prescribe fees, based on an approximation of reasonable costs, that, together with applicable state tax, are the maximum amount that, beginning April 1, 2003, a health care provider may charge for duplicate patient health care records, for duplicate X-ray reports, or for the referral of X-rays to another health care provider. The rules must also permit the health care provider to charge for actual postage or other actual delivery costs.

This bill changes laws relating to evidence in court proceedings to specify that, before April 1, 2003, the uniform fees that DHFS prescribes by rule for certified duplicate health care records, plus applicable tax, are the maximum amount that a health care provider may charge for the records, that the health care provider may also charge for actual postage or other actual delivery costs, and that a court action need not be commenced for this law to apply. After March 31, 2003, for duplicate patient health care records and duplicate X-ray reports or the referral of X-rays to another health care provider requested before a court action is commenced, rules that specify fees that DHFS is required, under the bill, to promulgate under the patient health care record laws apply.

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:

SB71, s. 1 Section 1. 146.83 (1) (b) of the statutes is amended to read:

SB71,2,3 146.83 (1) (b) Receive a copy of the patient's health care records upon payment of reasonable costs fees, as established by rule under sub. (3m).

SB71, s. 2 Section 2. 146.83 (1) (c) of the statutes is amended to read:

SB71,2,7 146.83 (1) (c) Receive a copy of the health care provider's X-ray reports or have the X-rays referred to another health care provider of the patient's choice upon payment of reasonable costs fees, as established by rule under sub. (3m).

SB71, s. 3 Section 3. 146.83 (3m) of the statutes is created to read:

SB71,3,3 146.83 (3m) The department shall, by rule, prescribe fees that are based on an approximation of actual costs. The fees, plus applicable state tax, are the maximum amount that a health care provider may charge under sub. (1) (b) for duplicate patient health care records and under sub. (1) (c) for duplicate X-ray reports or the referral of X-rays to another health care provider of the patient's choice. The rule shall also permit the health care provider to charge for actual postage or other actual delivery costs.

SB71, s. 4 Section 4. 908.03 (6m) (d) of the statutes is amended to read:

SB71,3,12 908.03 (6m) (d) Fees. The Before April 1, 2003, the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of the actual costs. The fees, plus applicable state tax, are the maximum amount that a health care provider may charge under par. (c) 3. for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph.

SB71, s. 5 Section 5 . 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB71,3,24 908.03 (6m) (d) Fees. Before April 1 After March 31, 2003 the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of actual costs. The fees, plus applicable state tax, are the maximum amount that a health care provider may charge for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph For duplicate patient health care records and duplicate X-ray reports or the referral of X-rays to another health care provider that are requested before commencement of an action, s. 146.83 (1) (b) and (c) and (3m) applies.

SB71, s. 6 Section 6. Nonstatutory provisions.

SB71,4,5 (1) Fees for patient health care records; rules. The department of health and family services shall submit in proposed form the rules required under section 146.83 (3m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 5th month beginning after the effective date of this subsection.

SB71, s. 7 Section 7. Effective dates. This act takes effect on the day after publication, except as follows:

SB71,4,10 (1) Fees for patient health care records; rules. The treatment of sections 146.83 (1) (b) and (c) and 908.03 (6m) (d) (by Section 5) of the statutes takes effect on April 1, 2003.

SB71,4,11 (End)