AB961: Bill Text

AB961, s. 1 Section 1. 146.81 (intro.) of the statutes is amended to read:

AB961,2,3 146.81 Health care records; definitions. (intro.) In ss. 146.81 to 146.817 and 146.82 to 146.84:

AB961, s. 2 Section 2. 146.819 (title) of the statutes is amended to read:

AB961,2,6 146.819 (title) Preservation or , destruction, or transfer of patient health care records.

AB961, s. 3 Section 3. 146.819 (1) (intro.) of the statutes is renumbered 146.819 (1m) (intro.) and amended to read:

AB961,3,8 146.819 (1m) (intro.) Except as provided in sub. (4), any health care provider who ceases practice or business as a health care provider or the personal representative of a deceased health care provider who was an independent practitioner shall do one any of the following for all patient health care records in the possession of the health care provider when the health care provider ceased business or practice or died:

AB961, s. 4 Section 4. 146.819 (1) (a) of the statutes is renumbered 146.819 (1m) (a) and amended to read:

AB961,3,13 146.819 (1m) (a) Provide for the maintenance of the patient health care records by a person, other than a health care provider under par. (am), who states, in writing, that the records will be maintained in compliance with ss. 146.81 to 146.835.

AB961, s. 5 Section 5. 146.819 (1) (b) of the statutes is renumbered 146.819 (1m) (b).

AB961, s. 6 Section 6. 146.819 (1) (c) of the statutes is repealed.

AB961, s. 7 Section 7. 146.819 (1g) of the statutes is created to read:

AB961,3,18 146.819 (1g) Except as provided in sub. (4), in this section, "health care provider" has the meaning given in s. 146.81 (1) and includes all of the following:

AB961,3,19 (a) A home health agency licensed under s. 50.49 (4).

AB961,3,20 (b) A local health department, as defined in s. 250.01 (4).

AB961,3,21 (c) A pharmacy licensed under s. 450.06 (2).

AB961, s. 8 Section 8. 146.819 (1m) (am) of the statutes is created to read:

AB961,3,25 146.819 (1m) (am) Provide for the transfer of the patient health care records to another health care provider who states, in writing, that the records will be maintained in compliance with ss. 146.81 to 146.835.

AB961, s. 9 Section 9. 146.819 (2) (intro.) of the statutes is amended to read:

AB961,4,5 146.819 (2) (intro.) If the health care provider or personal representative provides for the maintenance of any of the patient health care records under sub. (1) (1m), the health care provider or personal representative shall also do at least one of the following:

AB961, s. 10 Section 10. 146.819 (2m) of the statutes is created to read:

AB961,4,9 146.819 (2m) (a) If the health care provider or personal representative provides under sub. (1) for the transfer of any patient health care records, the health care provider or personal representative shall also do all of the following:

AB961,4,13 1. Provide written notice, by 1st class mail, to each patient or person authorized by the patient whose patient health care records will be transferred, at the last-known address of the patient or person, describing where and to whom the records shall be transferred.

AB961,4,17 2. Publish, under ch. 985, a class 3 notice in a newspaper that is published in the county in which the health care provider's or decedent's health care practice was located, specifying where and to whom the patient health care records will be transferred.

AB961,4,25 (b) No health care provider or personal representative to whom par. (a) applies may transfer a patient health care record to another health care provider unless 15 days have elapsed since provision of notice under par. (a) 1. and publication of a notice under par. (a) 2. and unless the patient or person authorized by the patient has failed to indicate his or her desires with respect to disposition of the records. The health care provider or personal representative shall transmit the patient health care records to the patient or person authorized by the patient if, before the 15 days have elapsed, the patient or person requests that this be done.

AB961, s. 11 Section 11. 146.819 (3) (intro.) of the statutes is amended to read:

AB961,5,5 146.819 (3) (intro.) If the health care provider or personal representative provides for the deletion or destruction of any of the patient health care records under sub. (1) (1m), the health care provider or personal representative shall also do at least one of the following:

AB961, s. 12 Section 12. 146.819 (4) (intro.) of the statutes is amended to read:

AB961,5,8 146.819 (4) (intro.) This section does Subsections (1m) (a) and (b), (2), and (3) do not apply to a health care provider that is any of the following:

AB961, s. 13 Section 13. 146.819 (5) of the statutes is created to read:

AB961,5,11 146.819 (5) Whoever violates sub. (2m) (b) may be fined not more than $10,000 for each occurrence.

AB961,5,12 (End)