LRB-2505/3
DAK:kmg:jf
2003 - 2004 LEGISLATURE
March 11, 2004 - Introduced by Representatives Schneider, Gronemus,
Ainsworth
and Hines, cosponsored by Senator Carpenter. Referred to
Committee on Rules.
AB961,1,6 1An Act to repeal 146.819 (1) (c); to renumber 146.819 (1) (b); to renumber and
2amend
146.819 (1) (intro.) and 146.819 (1) (a); to amend 146.81 (intro.),
3146.819 (title), 146.819 (2) (intro.), 146.819 (3) (intro.) and 146.819 (4) (intro.);
4and to create 146.819 (1g), 146.819 (1m) (am), 146.819 (2m) and 146.819 (5) of
5the statutes; relating to: the transfer of patient health care records from one
6health care provider to another and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a health care provider, other than a community-based
residential facility, hospital, hospice, home health agency, or local health
department, who ceases practice or business as a health care provider or the personal
representative of a deceased health care provider who practiced independently must
do one of the following with respect to the patient health care records in his or her
possession:
1. Provide for the maintenance of the health care records by a person who
states, in writing, that they will be maintained under confidentiality and access
requirements of current law.
2. Delete or destroy the health care records.
The health care provider or personal representative must send written notice
to each patient whose patient health care records are to be maintained and must
publish a class three newspaper notice that specifies where and by whom the records

will be maintained. If the patient health care records are to be deleted or destroyed,
the health care provider or personal representative must provide 35 days' notice to
the patient before the deletion or destruction and must publish a class three
newspaper notice.
This bill requires that, if a health care provider who ceases practice or the
personal representative of an independently practicing deceased health care
provider intends to transfer to another health care provider the patient health care
records in the possession of the provider or personal representative, the health care
provider or personal representative must do all of the following:
1. Provide written notice, to each patient or person authorized by the patient,
of where and to whom the records will be transferred.
2. Publish a class three newspaper notice specifying where and to whom the
patient health care records will be transferred.
Under the bill, the health care provider or personal representative may not
transfer a patient health care record to another health care provider unless 15 days
have elapsed since the patient was provided notice by mail of the transfer and
newspaper notice was published and unless, within that time, the patient has failed
to indicate his or her desires with respect to the records. If the patient requests his
or her patient health care records, the health care provider or personal
representative must transmit them to the patient. The requirements apply to a
health care provider that includes a pharmacy, community-based residential
facility, hospital, hospice, home health agency, and local health department. A
violation of the prohibition is, under the bill, subject to a fine of not more than $10,000
for each occurrence.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB961, s. 1 1Section 1. 146.81 (intro.) of the statutes is amended to read:
AB961,2,3 2146.81 Health care records; definitions. (intro.) In ss. 146.81 to 146.817
3and 146.82 to
146.84:
AB961, s. 2 4Section 2. 146.819 (title) of the statutes is amended to read:
AB961,2,6 5146.819 (title) Preservation or , destruction, or transfer of patient
6health care records.
AB961, s. 3
1Section 3. 146.819 (1) (intro.) of the statutes is renumbered 146.819 (1m)
2(intro.) and amended to read:
AB961,3,83 146.819 (1m) (intro.) Except as provided in sub. (4), any health care provider
4who ceases practice or business as a health care provider or the personal
5representative of a deceased health care provider who was an independent
6practitioner shall do one any of the following for all patient health care records in the
7possession of the health care provider when the health care provider ceased business
8or practice or died:
AB961, s. 4 9Section 4. 146.819 (1) (a) of the statutes is renumbered 146.819 (1m) (a) and
10amended to read:
AB961,3,1311 146.819 (1m) (a) Provide for the maintenance of the patient health care records
12by a person, other than a health care provider under par. (am), who states, in writing,
13that the records will be maintained in compliance with ss. 146.81 to 146.835.
AB961, s. 5 14Section 5. 146.819 (1) (b) of the statutes is renumbered 146.819 (1m) (b).
AB961, s. 6 15Section 6. 146.819 (1) (c) of the statutes is repealed.
AB961, s. 7 16Section 7. 146.819 (1g) of the statutes is created to read:
AB961,3,1817 146.819 (1g) Except as provided in sub. (4), in this section, "health care
18provider" has the meaning given in s. 146.81 (1) and includes all of the following:
AB961,3,1919 (a) A home health agency licensed under s. 50.49 (4).
AB961,3,2020 (b) A local health department, as defined in s. 250.01 (4).
AB961,3,2121 (c) A pharmacy licensed under s. 450.06 (2).
AB961, s. 8 22Section 8. 146.819 (1m) (am) of the statutes is created to read:
AB961,3,2523 146.819 (1m) (am) Provide for the transfer of the patient health care records
24to another health care provider who states, in writing, that the records will be
25maintained in compliance with ss. 146.81 to 146.835.
AB961, s. 9
1Section 9. 146.819 (2) (intro.) of the statutes is amended to read:
AB961,4,52 146.819 (2) (intro.) If the health care provider or personal representative
3provides for the maintenance of any of the patient health care records under sub. (1)
4(1m), the health care provider or personal representative shall also do at least one
5of the following:
AB961, s. 10 6Section 10. 146.819 (2m) of the statutes is created to read:
AB961,4,97 146.819 (2m) (a) If the health care provider or personal representative provides
8under sub. (1) for the transfer of any patient health care records, the health care
9provider or personal representative shall also do all of the following:
AB961,4,1310 1. Provide written notice, by 1st class mail, to each patient or person authorized
11by the patient whose patient health care records will be transferred, at the
12last-known address of the patient or person, describing where and to whom the
13records shall be transferred.
AB961,4,1714 2. Publish, under ch. 985, a class 3 notice in a newspaper that is published in
15the county in which the health care provider's or decedent's health care practice was
16located, specifying where and to whom the patient health care records will be
17transferred.
AB961,4,2518 (b) No health care provider or personal representative to whom par. (a) applies
19may transfer a patient health care record to another health care provider unless 15
20days have elapsed since provision of notice under par. (a) 1. and publication of a
21notice under par. (a) 2. and unless the patient or person authorized by the patient has
22failed to indicate his or her desires with respect to disposition of the records. The
23health care provider or personal representative shall transmit the patient health
24care records to the patient or person authorized by the patient if, before the 15 days
25have elapsed, the patient or person requests that this be done.
AB961, s. 11
1Section 11. 146.819 (3) (intro.) of the statutes is amended to read:
AB961,5,52 146.819 (3) (intro.) If the health care provider or personal representative
3provides for the deletion or destruction of any of the patient health care records under
4sub. (1) (1m), the health care provider or personal representative shall also do at least
5one of the following:
AB961, s. 12 6Section 12. 146.819 (4) (intro.) of the statutes is amended to read:
AB961,5,87 146.819 (4) (intro.) This section does Subsections (1m) (a) and (b), (2), and (3)
8do
not apply to a health care provider that is any of the following:
AB961, s. 13 9Section 13. 146.819 (5) of the statutes is created to read:
AB961,5,1110 146.819 (5) Whoever violates sub. (2m) (b) may be fined not more than $10,000
11for each occurrence.
AB961,5,1212 (End)
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