AB40: Bill Text

AB40,1019,16 146.83 (1c) (intro.) Except as provided in s. 51.30 or 146.82 (2), any patient or person authorized by the patient may, upon submitting a statement of informed consent, inspect the health care records of a health care provider pertaining to that patient. Except as provided in sub. (1g), the health care provider shall make the records available for inspection by the patient or person authorized by the patient during regular business hours, after the health care provider receives notice from the patient or person authorized by the patient. A health care provider may not charge a fee for inspection under this subsection.:

AB40, s. 2653 Section 2653. 146.83 (1f) (a) of the statutes is repealed.

AB40, s. 2654 Section 2654. 146.83 (1f) (b) of the statutes is repealed.

AB40, s. 2655 Section 2655. 146.83 (1f) (c) of the statutes is repealed.

AB40, s. 2656 Section 2656. 146.83 (1f) (d) 1. of the statutes is renumbered 146.83 (1f) (am) and amended to read:

AB40,1020,3 146.83 (1f) (am) If a patient or person authorized by the patient requests copies of the patient's health care records under this subsection section for use in appealing a denial of social security disability insurance, under 42 USC 401 to 433, or supplemental security income, under 42 USC 1381 to 1385, the health care provider may charge the patient or person authorized by the patient no more than the amount that the federal social security administration reimburses the department for copies of patient health care records.

AB40, s. 2657 Section 2657. 146.83 (1f) (d) 2. of the statutes is renumbered 146.83 (1f) (bm) and amended to read:

AB40,1020,14 146.83 (1f) (bm) Except as provided in sub. (1g), a health care provider may not charge a fee for providing one set of copies of a patient's health care records under this subsection section if the patient is eligible for medical assistance, as defined in s. 49.43 (8). A health care provider may require that a patient or person authorized by the patient provide proof that the patient is eligible for medical assistance before providing copies under this subdivision without charge. A health care provider may charge the fees under par. (c) established by rule under sub. (1c) for providing a 2nd or additional set of copies of patient health care records for a patient who is eligible for medical assistance.

AB40, s. 2658 Section 2658. 146.83 (1g) of the statutes is amended to read:

AB40,1020,21 146.83 (1g) The time limit for making records available for inspection and for providing copies of records under sub. (1d), the time limits for providing copies of records under sub. (1f) (a) and (b), (1c) and the requirement under sub. (1f) (d) 2. (bm) to provide one set of copies of records without charge if the patient is eligible for medical assistance do not apply if the health care provider is the department or the department of corrections.

AB40, s. 2659 Section 2659. 146.83 (1h) of the statutes is repealed.

AB40, s. 2660 Section 2660. 146.83 (1k) of the statutes is repealed.

AB40, s. 2661 Section 2661. 146.83 (1m) of the statutes is renumbered 146.83 (1m) (a).

AB40, s. 2662 Section 2662. 146.83 (1m) (b) of the statutes is created to read:

AB40,1021,2 146.83 (1m) (b) The health care provider under par. (a) may be charged reasonable costs for the provision of the patient's health care records.

AB40, s. 2663 Section 2663. 146.83 (3f) of the statutes is created to read:

AB40,1021,11 146.83 (3f) (a) The department shall, by rule, prescribe fees that are based on an approximation of actual costs. The fees, plus applicable tax, are the maximum amount that a health care provider may charge under sub. (1c) (b) for duplicate patient health care records and under sub. (1c) (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. In determining the approximation of actual costs for the purposes of this subsection, the department may consider all of the following factors:

AB40,1021,13 1. Operating expenses, such as wages, rent, utilities, and duplication equipment and supplies.

AB40,1021,15 2. The varying cost of retrieval of records, based on the different media on which the records are maintained.

AB40,1021,17 3. The cost of separating requested patient health care records from those that are not requested.

AB40,1021,18 4. The cost of duplicating requested patient health care records.

AB40,1021,19 5. The impact on costs of advances in technology.

AB40,1021,21 (b) By July 1, 2014, and every 3 years thereafter, the department shall revise the rules under par. (a) to account for increases or decreases in actual costs.

AB40, s. 2664 Section 2664. 146.84 (2) (a) 1. of the statutes is amended to read:

AB40,1021,24 146.84 (2) (a) 1. Requests or obtains confidential information under s. 146.82 or 146.83 (1d), (1f), or (1h) (1c) under false pretenses.

AB40, s. 2665 Section 2665. 150.31 (5m) of the statutes is amended to read:

AB40,1022,4 150.31 (5m) The department shall decrease the statewide bed limit specified in sub. (1) to account for any reduction in the approved bed capacity of a skilled nursing facility operated by the department of veterans affairs under s. 45.50 (1), as specified in s. 45.50 (10).

AB40, s. 2666 Section 2666. 150.84 (3) of the statutes is amended to read:

AB40,1022,8 150.84 (3) "Health care provider" means any person licensed, registered, permitted or certified by the department or by the department of regulation and licensing safety and professional services to provide health care services in this state.

AB40, s. 2667 Section 2667. 153.60 (1) of the statutes is amended to read:

AB40,1023,3 153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this subchapter for the department for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and contracting with the data organization under s. 153.05 (2r). The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this subchapter under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this subchapter under s. 20.435 (1) (hi) from the prior fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this subchapter in a manner specified by the department by rule. The department shall work together with the department of regulation and licensing safety and professional services to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (1) (hg).

AB40, s. 2668 Section 2668. 157.061 (5) of the statutes is amended to read:

AB40,1023,6 157.061 (5) "Department" means the department of regulation and licensing safety and professional services.

AB40, s. 2669 Section 2669. 157.11 (9m) of the statutes is amended to read:

AB40,1023,11 157.11 (9m) Action by district attorney. If any money or property is not turned over when required by this section, or default occurs under a bond, the district attorney, upon the request of the department of regulation and licensing safety and professional services, shall bring action to recover.

AB40, s. 2670 Section 2670. 157.12 (1) of the statutes is amended to read:

AB40,1023,14 157.12 (1) Definition. Notwithstanding s. 157.061 (5), in this section, "department" means the department of commerce safety and professional services.

AB40, s. 2671 Section 2671. 157.12 (3) (b) of the statutes is amended to read:

AB40,1023,25 157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties approved by the department of regulation and licensing safety and professional services to indemnify the cemetery against loss if the treasurer fails to maintain the fund. No indemnity is required if the terms of sale of a mausoleum space require the purchaser to pay directly to a trust company in the state, designated by the cemetery as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income from investment may be used only to maintain the mausoleum, except that if the amount of income exceeds the amount necessary to properly maintain the mausoleum the excess amount may be used to maintain any portion of the cemetery.

AB40, s. 2672 Section 2672. 157.65 (1) (a) of the statutes is amended to read:

AB40,1024,7 157.65 (1) (a) If the department of regulation and licensing safety and professional services has reason to believe that any person is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the department of regulation and licensing safety and professional services may investigate.

AB40, s. 2673 Section 2673. 157.65 (1) (b) of the statutes is amended to read:

AB40,1024,13 157.65 (1) (b) If the department of commerce safety and professional services has reason to believe that any person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the continuation of that activity might cause injury to the public interest, the department of commerce safety and professional services may investigate.

AB40, s. 2674 Section 2674. 157.65 (2) of the statutes is amended to read:

AB40,1024,25 157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the board described in s. 15.405 (3m) or the department of commerce safety and professional services to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

AB40, s. 2675 Section 2675. 160.01 (7) of the statutes is amended to read:

AB40,1025,7 160.01 (7) "Regulatory agency" means the department of agriculture, trade and consumer protection, the department of commerce safety and professional services, the department of transportation, the department of natural resources and other state agencies which regulate activities, facilities or practices which are related to substances which have been detected in or have a reasonable probability of entering the groundwater resources of the state.

AB40, s. 2676 Section 2676. 160.50 (1m) of the statutes is amended to read:

AB40,1025,13 160.50 (1m) Funding for groundwater research. The groundwater coordinating council shall advise the secretary of administration on the allocation of funds appropriated to the board of regents Board of Regents of the University of Wisconsin System under s. 20.285 (1) (a) and the Board of Trustees of the University of Wisconsin–Madison under s. 20.280 (1) (a) for groundwater research.

AB40, s. 2677 Section 2677. 165.25 (4) (ag) of the statutes is amended to read:

AB40,1025,17 165.25 (4) (ag) The department of justice shall furnish legal services upon request of the department of commerce safety and professional services under s. 167.35 (7).

AB40, s. 2678 Section 2678. 165.25 (4) (am) of the statutes is amended to read:

AB40,1025,23 165.25 (4) (am) The department of justice shall furnish legal services to the department of regulation and licensing safety and professional services in all proceedings under s. 440.21 (3), together with any other services, including stenographic and investigational, as are necessarily connected with the legal services.

AB40, s. 2679 Section 2679. 165.25 (4) (ar) of the statutes is amended to read:

AB40,1026,6 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

AB40, s. 2680 Section 2680. 165.25 (8r) of the statutes is created to read:

AB40,1026,11 165.25 (8r) Board of Trustees of the University of Wisconsin. In subs. (1), (1m), (6) and (6m), treat the Board of Trustees of the University of Wisconsin–Madison as a department of state government and any official, employee, or agent of the Board of Trustees as a state official, employee or agent.

AB40, s. 2681 Section 2681. 165.25 (12) of the statutes is created to read:

AB40,1026,22 165.25 (12) Representation arising from agreements with Minnesota. Represent any employee of the state of Minnesota who is named as a defendant in any civil action brought under the laws of this state as a result of performing services for this state under a valid agreement between this state and the state of Minnesota providing for interchange of employees or services and any employee of this state who is named as a defendant as a result of performing services for the state of Minnesota under such an agreement in any action brought under the laws of this state. Witness fees in any action specified in this subsection shall be paid in the same manner as provided in s. 885.07. The attorney general may compromise and settle any action specified in this subsection to the same extent as provided in s. 165.25 (6) (a).

AB40, s. 2682 Section 2682. 165.70 (3m) of the statutes is repealed.

AB40, s. 2683 Section 2683. 165.82 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB40, s. 2684 Section 2684. 165.82 (1) (am) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB40,1027,4 165.82 (1) (am) For each record check, except a fingerprint card record check, requested by a governmental agency, $7.

AB40, s. 2685 Section 2685. 165.82 (1) (b) of the statutes is repealed.

AB40, s. 2686 Section 2686. 165.825 of the statutes is amended to read:

AB40,1027,11 165.825 Information link; department of health services. The department of justice shall cooperate with the departments of regulation and licensing safety and professional services and health services in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

AB40, s. 2687 Section 2687. 167.10 (3) (b) 2. of the statutes is amended to read:

AB40,1027,14 167.10 (3) (b) 2. The possession or use of explosives in accordance with rules or general orders of the department of commerce safety and professional services.

AB40, s. 2688 Section 2688. 167.10 (6m) (a) of the statutes is amended to read:

AB40,1027,19 167.10 (6m) (a) No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license issued by the department of commerce safety and professional services under par. (d).

AB40, s. 2689 Section 2689. 167.10 (6m) (b) of the statutes is amended to read:

AB40,1027,24 167.10 (6m) (b) No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the rules of the department of commerce safety and professional services promulgated under par. (e).

AB40, s. 2690 Section 2690. 167.10 (6m) (c) of the statutes is amended to read:

AB40,1028,4 167.10 (6m) (c) Any person who manufactures in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of commerce safety and professional services with a copy of each federal license issued under 18 USC 843 to that person.

AB40, s. 2691 Section 2691. 167.10 (6m) (d) of the statutes is amended to read:

AB40,1028,13 167.10 (6m) (d) The department of commerce safety and professional services shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f) or (i) to (n) to a person who complies with the rules of the department promulgated under par. (e). The department may not issue a license to a person who does not comply with the rules promulgated under par. (e). The department may revoke a license under this subsection for the refusal to permit an inspection at reasonable times by the department or for a continuing violation of the rules promulgated under par. (e).

AB40, s. 2692 Section 2692. 167.10 (6m) (e) of the statutes is amended to read:

AB40,1028,17 167.10 (6m) (e) The department of commerce safety and professional services shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n).

AB40, s. 2693 Section 2693. 167.10 (6m) (f) of the statutes is amended to read:

AB40,1028,22 167.10 (6m) (f) The department of commerce safety and professional services may inspect at reasonable times the premises on which each person licensed under this subsection manufactures fireworks or devices listed under sub. (1) (e), (f) or (i) to (n).

AB40, s. 2694 Section 2694. 167.21 (1) (b) of the statutes is amended to read:

AB40,1028,25 167.21 (1) (b) "Department" means the department of commerce safety and professional services.

AB40, s. 2695 Section 2695. 167.27 (5) of the statutes is amended to read:

AB40,1029,20 167.27 (5) Whenever any mine shaft, exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same to grade or enclose the same with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect to repair or rebuild such fence which the person is so required to build and maintain, any person may complain to the department of commerce safety and professional services or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such fence. The department of commerce safety and professional services or the local governing body shall then proceed to examine the fence, and if it shall determine that such fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such time as it shall deem reasonable. Any person refusing to comply with such order shall be subject to the penalties provided.

AB40, s. 2696 Section 2696. 167.27 (8) of the statutes is amended to read:

AB40,1029,24 167.27 (8) Any violation of this section coming to the attention of the department of commerce safety and professional services or municipal authorities shall be reported to the attorney general or district attorney for prosecution.

AB40, s. 2697 Section 2697. 167.31 (4) (a) 4. b. of the statutes is amended to read:

AB40,1030,3 167.31 (4) (a) 4. b. He or she holds a certificate of proficiency to carry a firearm issued by the department of regulation and licensing safety and professional services.

AB40, s. 2698 Section 2698. 167.31 (4) (a) 4. e. of the statutes is amended to read: