252.15(7)(d)
(d) This subsection does not apply to the reporting of information under
s. 252.05 with respect to persons for whom a diagnosis of acquired immunodeficiency syndrome has been made.
252.15(8)(a)(a) Any person violating
sub. (2),
(5) (a),
(5m),
(6) or
(7) (c) is liable to the subject of the test 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.
252.15(9)
(9) Criminal penalty. Whoever intentionally discloses the results of a blood test in violation of
sub. (2) (a) 7m.,
(5) (a) or
(5m) and thereby causes bodily harm or psychological harm to the subject of the test may be fined not more than $10,000 or imprisoned not more than 9 months or both.
252.15 History
History: 1985 a. 29,
73,
120;
1987 a. 70 ss.
13 to
27,
36;
1987 a. 403 ss.
136,
256;
1989 a. 200;
1989 a. 201 ss.
11 to
25,
36;
1989 a. 298,
359;
1991 a. 269;
1993 a. 16 s.
2567;
1993 a. 27 ss.
332,
334,
337,
340,
342; Stats. 1993 s. 252.15;
1993 a. 32,
183,
190,
252,
395,
491;
1995 a. 27 ss.
6323,
9116 (5),
9126 (19);
1995 a. 77,
275.
252.15 Annotation
No claim for violation of (2) was stated where the defendants neither conducted HIV tests nor were authorized recipients of the test results. Hillman v. Columbia County, 164 W (2d) 376, 474 NW (2d) 913 (Ct. App. 1991).
252.15 Annotation
This section does not prevent a court acting in equity from ordering an HIV test where this section does not apply. Syring v. Tucker, 174 W (2d) 787, 498 NW (2d) 370 (1993).
252.15 Annotation
Confidentiality of Medical Records. Meili. Wis. Law. Feb. 1995.
252.16
252.16
Continuation coverage premium subsidies. 252.16(1)(b)
(b) "Group health plan" means an insurance policy or a partially or wholly uninsured plan or program, that provides hospital, medical or other health coverage to members of a group.
252.16(1)(e)
(e) "Residence" means the concurrence of physical presence with intent to remain in a place of fixed habitation. Physical presence is prima facie evidence of intent to remain.
252.16(2)
(2) Subsidy program. From the appropriation under
s. 20.435 (1) (am), the department shall distribute funding in each fiscal year to subsidize the premium costs under
s. 252.17 (2) and, under this subsection, the premium costs for continuation coverage available to an individual who has HIV infection and who is unable to continue his or her employment or must reduce his or her hours because of an illness or medical condition arising from or related to HIV infection.
252.16(3)
(3) Eligibility. An individual is eligible to receive a subsidy in an amount determined under
sub. (4), if the department determines that the individual meets all of the following criteria:
252.16(3)(b)
(b) Has a family income, as defined by rule under
sub. (6), that does not exceed 200% of the federal poverty line, as defined under
42 USC 9902 (2), for a family the size of the individual's family.
252.16(3)(c)
(c) Has submitted to the department a certification from a physician, as defined in
s. 448.01 (5), of all of the following:
252.16(3)(c)1.
1. That the individual has an infection that is an HIV infection.
252.16(3)(c)2.
2. That the individual's employment has terminated or his or her hours have been reduced, because of an illness or medical condition arising from or related to the individual's HIV infection.
252.16(3)(e)
(e) Authorizes the department, in writing, to do all of the following:
252.16(3)(e)1.
1. Contact the individual's former employer or the administrator of the group health plan under which the individual is covered, to verify the individual's eligibility for continuation coverage and the premium and any other conditions of coverage, to make premium payments as provided in
sub. (4) and for other purposes related to the administration of this section.
252.16(3)(e)2.
2. Make any necessary disclosure to the individual's former employer or the administrator of the group health plan under which the individual is covered regarding the individual's HIV status.
252.16(3)(f)
(f) Is not covered by a group health plan other than any of the following:
252.16(3)(f)1.
1. The group health plan under which the individual is eligible for continuation coverage.
252.16(3)(f)2.
2. A group health plan that offers a substantial reduction in covered health care services from the group health plan under
subd. 1.
252.16(3)(g)
(g) Is not covered by an individual health insurance policy other than an individual health insurance policy that offers a substantial reduction in covered health care services from the group health plan under
par. (f) 1.
252.16(4)(a)(a) Except as provided in
pars. (b) and
(c), if an individual satisfies
sub. (3), the department shall pay the full amount of each premium payment for continuation coverage that is due from the individual under
s. 632.897 (2) (d),
29 USC 1162 (3) or
42 USC 300bb-2 (3), whichever is applicable, on or after the date on which the individual becomes eligible for a subsidy under
sub. (3). The department may not refuse to pay the full amount of each premium payment because the continuation coverage that is available to the individual who satisfies
sub. (3) includes coverage of the individual's spouse and dependents. Except as provided in
par. (b), the department shall terminate the payments under this section when the individual's continuation coverage ceases, when the individual no longer satisfies
sub. (3) or upon the expiration of 29 months after the continuation coverage began, whichever occurs first. The department may not make payments under this section for premiums for a conversion policy or plan that is available to an individual under
s. 632.897 (4) or
(6),
29 USC 1162 (5) or
42 USC 300bb-2 (5).
252.16(4)(b)
(b) The obligation of the department to make payments under this section is subject to the availability of funds in the appropriation under
s. 20.435 (1) (am).
252.16(5)
(5) Application process. The department may establish, by rule, a procedure under which an individual who does not satisfy
sub. (3) (b),
(c) 2. or
(d) may submit to the department an application for a premium subsidy under this section that the department shall hold until the individual satisfies each requirement of
sub. (3), if the department determines that the procedure will assist the department to make premium payments in a timely manner once the individual satisfies each requirement of
sub. (3). If an application is submitted by an employed individual under a procedure established by rule under this subsection, the department may not contact the individual's employer or the administrator of the group health plan under which the individual is covered, unless the individual authorizes the department, in writing, to make that contact and to make any necessary disclosure to the individual's employer or the administrator of the group health plan under which the individual is covered regarding the individual's HIV status.
252.16(6)
(6) Rules. The department shall promulgate rules that do all of the following:
252.16(6)(b)
(b) Establish a procedure for making payments under this section that ensures that the payments are actually used to pay premiums for continuation coverage available to individuals who satisfy
sub. (3).
252.17
252.17
Medical leave premium subsidies. 252.17(2)
(2) Subsidy program. The department shall establish and administer a program to subsidize, from the appropriation under
s. 20.435 (1) (am), as provided in
s. 252.16 (2), the premium costs for coverage under a group health plan that are paid by an individual who has HIV infection and who is on unpaid medical leave from his or her employment because of an illness or medical condition arising from or related to HIV infection.
252.17(3)
(3) Eligibility. An individual is eligible to receive a subsidy in an amount determined under
sub. (4), if the department determines that the individual meets all of the following criteria:
252.17(3)(b)
(b) Has a family income, as defined by rule under
sub. (6), that does not exceed 200% of the federal poverty line, as defined under
42 USC 9902 (2), for a family the size of the individual's family.
252.17(3)(c)
(c) Has submitted to the department a certification from a physician, as defined in
s. 448.01 (5), of all of the following:
252.17(3)(c)1.
1. That the individual has an infection that is an HIV infection.
252.17(3)(c)2.
2. That the individual is on unpaid medical leave from his or her employment because of an illness or medical condition arising from or related to the individual's HIV infection or because of medical treatment or supervision for such an illness or medical condition.
252.17(3)(d)
(d) Is covered under a group health plan through his or her employment and pays part or all of the premium for that coverage, including any premium for coverage of the individual's spouse and dependents.
252.17(3)(e)
(e) Authorizes the department, in writing, to do all of the following:
252.17(3)(e)1.
1. Contact the individual's employer or the administrator of the group health plan under which the individual is covered, to verify the individual's medical leave, group health plan coverage and the premium and any other conditions of coverage, to make premium payments as provided in
sub. (4) and for other purposes related to the administration of this section.
252.17(3)(e)2.
2. Make any necessary disclosure to the individual's employer or the administrator of the group health plan under which the individual is covered regarding the individual's HIV status.
252.17(3)(f)
(f) Is not covered by a group health plan other than any of the following:
252.17(3)(f)2.
2. A group health plan that offers a substantial reduction in covered health care services from the group health plan under
subd. 1.
252.17(3)(g)
(g) Is not covered by an individual health insurance policy other than an individual health insurance policy that offers a substantial reduction in covered health care services from the group health plan under
par. (d).
252.17(3)(i)
(i) Does not have escrowed under
s. 103.10 (9) (c) an amount sufficient to pay the individual's required contribution to his or her premium payments.
252.17(4)(a)(a) Except as provided in
pars. (b) and
(c), if an individual satisfies
sub. (3), the department shall pay the amount of each premium payment for coverage under the group health plan under
sub. (3) (d) that is due from the individual on or after the date on which the individual becomes eligible for a subsidy under
sub. (3). The department may not refuse to pay the full amount of the individual's contribution to each premium payment because the coverage that is provided to the individual who satisfies
sub. (3) includes coverage of the individual's spouse and dependents. Except as provided in
par. (b), the department shall terminate the payments under this section when the individual's unpaid medical leave ends, when the individual no longer satisfies
sub. (3) or upon the expiration of 29 months after the unpaid medical leave began, whichever occurs first.
252.17(4)(b)
(b) The obligation of the department to make payments under this section is subject to the availability of funds in the appropriation under
s. 20.435 (1) (am).
252.17(4)(c)
(c) If an individual who satisfies
sub. (3) has an amount escrowed under
s. 103.10 (9) (c) that is insufficient to pay the individual's required contribution to his or her premium payments, the amount paid under
par. (a) may not exceed the individual's required contribution for the duration of the payments under this section as determined under
par. (a) minus the amount escrowed.
252.17(5)
(5) Application process. The department may establish, by rule, a procedure under which an individual who does not satisfy
sub. (3) (b) or
(c) 2. may submit to the department an application for a premium subsidy under this section that the department shall hold until the individual satisfies each requirement of
sub. (3), if the department determines that the procedure will assist the department to make premium payments in a timely manner once the individual satisfies each requirement of
sub. (3). If an application is submitted by an individual under a procedure established by rule under this subsection, the department may not contact the individual's employer or the administrator of the group health plan under which the individual is covered, unless the individual authorizes the department, in writing, to make that contact and to make any necessary disclosure to the individual's employer or the administrator of the group health plan under which the individual is covered regarding the individual's HIV status.
252.17(6)
(6) Rules. The department shall promulgate rules that do all of the following:
252.17(6)(b)
(b) Establish a procedure for making payments under this section that ensures that the payments are actually used to pay premiums for group health plan coverage available to individuals who satisfy
sub. (3).
252.17 History
History: 1991 a. 269;
1993 a. 16 ss.
2589,
2590;
1993 a. 27 ss.
390 to
394; Stats. 1993 s. 252.17;
1993 a. 491.
252.18
252.18
Handling foods. No person in charge of any public eating place or other establishment where food products to be consumed by others are handled may knowingly employ any person handling food products who has a disease in a form that is communicable by food handling. If required by the local health officer or any officer of the department for the purposes of an investigation, any person who is employed in the handling of foods or is suspected of having a disease in a form that is communicable by food handling shall submit to an examination by the officer or by a physician designated by the officer. The expense of the examination, if any, shall be paid by the person examined. Any person knowingly infected with a disease in a form that is communicable by food handling who handles food products to be consumed by others and any persons knowingly employing or permitting such a person to handle food products to be consumed by others shall be punished as provided by
s. 252.25.
252.18 History
History: 1981 c. 291;
1993 a. 27 s.
298; Stats. 1993 s. 252.18.
252.19
252.19
Communicable diseases; suspected cases; protection of public. No person who is knowingly infected with a communicable disease may wilfully violate the recommendations of the local health officer or subject others to danger of contracting the disease. No person may knowingly and wilfully take, aid in taking, advise or cause to be taken, a person who is infected or is suspected of being infected with a communicable disease into any public place or conveyance where the infected person would expose any other person to danger of contracting the disease.
252.19 History
History: 1981 c. 291;
1993 a. 27 s.
299; Stats. 1993 s. 252.19.
252.21
252.21
Communicable diseases; schools; duties of teachers, parents, officers. 252.21(1)
(1) If a teacher, school nurse or principal of any school or day care center knows or suspects that a communicable disease is present in the school or center, he or she shall at once notify the local health officer.
252.21(6)
(6) Any teacher, school nurse or principal may send home pupils who are suspected of having a communicable disease or any other disease the department specifies by rule. Any teacher, school nurse or principal who sends a pupil home shall immediately notify the parents of the pupil of the action and the reasons for the action. A teacher who sends a pupil home shall also notify the principal of the action and the reasons for the action.
252.21 History
History: 1981 c. 291;
1993 a. 27 s.
301; Stats. 1993 s. 252.21.
252.23
252.23
Regulation of tattooists. 252.23(1)(b)
(b) "Tattoo establishment" means the premises where a tattooist performs tattoos.
252.23(1)(c)
(c) "Tattooist" means a person who tattoos another.
252.23(2)
(2) Department; duty. The department shall provide uniform, statewide licensing and regulation of tattooists and uniform, statewide licensing and regulation of tattoo establishments under this section. The department shall inspect a tattoo establishment once before issuing a license for the tattoo establishment under this section and may make additional inspections that the department determines are necessary.
252.23(3)
(3) License required. Except as provided in
sub. (5), no person may tattoo or attempt to tattoo another, designate or represent himself or herself as a tattooist or use or assume the title "tattooist" and no tattoo establishment may be operated unless the person and the establishment are licensed by the department under this section or by a local health department that is designated as the department's agent under
s. 252.245.
252.23(4)
(4) Rule making. The department shall promulgate all of the following as rules:
252.23(4)(a)
(a) Standards and procedures, including fee payment to offset the cost of licensing tattooists and tattoo establishments, for the annual issuance of licenses as tattooists or as tattoo establishments to applicants under this section.
252.23(4)(b)
(b) Standards for the performance of tattoos by a licensed tattooist and for the maintenance of a licensed tattoo establishment, which will promote safe and adequate care and treatment for individuals who receive tattoos and eliminate or greatly reduce the danger of exposure by these individuals to communicable disease or infection.
252.23(5)
(5) Exception. This section does not apply to a dentist who is licensed under
s. 447.03 (1) or to a physician who tattoos or offers to tattoo a person in the course of the dentist's or physician's professional practice.
