153.45(1)(b)
(b) Public use tapes which do not permit the identification of specific patients, physicians, employers or other health care providers, as defined by rules promulgated by the commissioner. The identification of these groups shall be protected by all necessary means, including the deletion of patient identifiers and the use of calculated variables and aggregated variables.
153.45(1)(c)
(c) Custom-designed subfile tapes, other electronic media, special data compilations or reports containing portions of the public use tape data under
par. (b).
153.45(2)
(2) The office shall provide to other entities the data necessary to fulfill their statutory mandates for epidemiological purposes or to minimize the duplicate collection of similar data elements.
153.45(3)
(3) The office shall release physician-specific and employer-specific data, except in public use tapes as specified under
sub. (1) (b), in a manner that is specified in rules promulgated by the commissioner.
153.50
153.50
Protection of patient confidentiality. Patient-identifiable data obtained under this chapter and contained in the discharge data base of the office is not subject to inspection, copying or receipt under
s. 19.35 (1) and may not be released by the office, except to the patient or to a person granted permission for release by the patient and except that a hospital, a physician, the agent of a hospital or physician or the commissioner may have access to patient-identifiable data to ensure the accuracy of the information in the discharge data base. The department of health and family services may have access to the discharge data base for the purposes of completing epidemiological reports and eliminating the need to maintain a data base that duplicates that of the office, if the department of health and family services does not release or otherwise provide access to the patient-identifiable data.
153.60
153.60
Assessments to fund operations of office and board. 153.60(1)(1) The office shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures for the office and the board for that fiscal year. The office shall assess the estimated total amount for that fiscal year less the estimated total amount to be received under
s. 20.145 (8) (hi),
(hj),
(kx) and
(mr) during the fiscal year and the unencumbered balances of the amounts received under
s. 20.145 (8) (hi),
(hj) and
(mr) from the prior fiscal year, to hospitals in proportion to each hospital's respective gross private-pay patient revenues during the hospital's most recently concluded entire fiscal year. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under
s. 20.145 (8) (hg).
153.60(2)
(2) The office may assess ambulatory surgery centers under this section, using as the basis for individual ambulatory surgery center assessments the methods and criteria promulgated by rule by the commissioner under
s. 153.75 (1) (k).
153.65
153.65
Provision of special information; user fees. The office may provide, upon request from a person, a data compilation or a special report based on the information collected by the office under
s. 153.05 (1),
(3),
(4) (b),
(5),
(7) or
(8) or
153.08. The office shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this section shall be credited to the appropriation under
s. 20.145 (8) (hi).
153.65 History
History: 1987 a. 399;
1993 a. 16,
104.
153.75(1)(1) Following approval by the board, the commissioner shall promulgate the following rules:
153.75(1)(a)
(a) Providing procedures to ensure the protection of patient confidentiality under
s. 153.50.
153.75(1)(b)
(b) Establishing procedures under which hospitals and health care providers are permitted to review and verify patient-related information prior to its submission to the office.
153.75(1)(c)
(c) Regarding the scope of health care information required under
s. 153.05 (8) from health care providers other than hospitals and ambulatory surgery centers, defining the term "health care provider" for this purpose and for purposes of
s. 153.45 (1) (b) and specifying forms to be used to collect the information.
153.75(1)(d)
(d) Determining the diagnostic-related groups or up to 100 charge elements, based on those most frequently used by hospitals in the aggregate, for purposes of the reports under
ss. 153.05 (1) (c) and
153.10 (1) (a).
153.75(1)(e)
(e) Implementing requirements for use of uniform patient billing forms and other information under
s. 153.05 (4).
153.75(1)(g)
(g) Establishing criteria for the publication and contents of notices under
s. 153.08.
153.75(1)(h)
(h) Defining the term "major purchaser, payer or provider of health care services" for the purposes of
s. 153.05 (6).
153.75(1)(i)
(i) Regarding the scope and implementation of the reporting requirements under
s. 153.35.
153.75(1)(k)
(k) Establishing methods and criteria for assessing hospitals and ambulatory surgery centers under
s. 153.60.
153.75(2)
(2) With the approval of the board, the commissioner may promulgate all of the following rules:
153.75(2)(a)
(a) Exempting certain classes of health care providers from providing all or portions of the data required under this chapter.
153.75(2)(c)
(c) Providing for the efficient collection, analysis and dissemination of health care information which the office may require under this chapter.
153.85
153.85
Civil liability. Any person violating
s. 153.50 or rules promulgated under
s. 153.75 (1) (a) is liable to the patient for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation.
153.85 History
History: 1987 s. 399.
153.90(1)(1) Whoever intentionally violates
s. 153.50 or rules promulgated under
s. 153.75 (1) (a) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
153.90(2)
(2) Any person who violates this chapter or any rule promulgated under the authority of this chapter, except
ss. 153.50 and
153.75 (1) (a), as provided in
s. 153.85 and
sub. (1), shall forfeit not more than $100 for each violation. Each day of violation constitutes a separate offense, except that no day in the period between the date on which a request for a hearing is filed under
s. 227.44 and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this section constitutes a violation.
153.90(3)
(3) The commissioner may directly assess forfeitures under
sub. (2). If the commissioner determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the commissioner shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute or rule and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under
s. 227.44.
