146.91(2)(c)
(c) Allowing persons to retain liquid assets in excess of the amounts specified in
s. 49.47 (4) (b) 3g.,
3m. and
3r., for purposes of medical assistance eligibility, if the persons purchase long-term care insurance.
146.91(3)
(3) The department shall collect any data on health care costs and utilization that the department determines to be necessary to design the program under
sub. (2).
146.91(5)
(5) In designing the program, the department shall consult with the federal department of health and human services to determine the feasibility of procuring a waiver of federal law or regulations that will maximize use of federal medicaid funding for the program designed under
sub. (2).
146.91(6)
(6) The department, with the advice of the council on long-term care insurance, may examine use of tax incentives for the sale and purchase of long-term care insurance.
146.91 History
History: 1987 a. 27;
1989 a. 56.
146.93
146.93
Primary health care program. 146.93(1)(a)(a) From the appropriation under
s. 20.435 (4) (gp), the department shall maintain a program for the provision of primary health care services based on the primary health care program in existence on June 30, 1987. The department may promulgate rules necessary to implement the program.
146.93(1)(c)
(c) The department shall seek to obtain a maximum of donated or reduced-rate health care services for the program and shall seek to identify and obtain a maximum of federal funds for the program.
146.93(2)
(2) The program under
sub. (1) (a) shall provide primary health care, including diagnostic laboratory and X-ray services, prescription drugs and nonprescription insulin and insulin syringes.
146.93(3)
(3) The program under
sub. (1) (a) shall be implemented in those counties with high unemployment rates and within which a maximum of donated or reduced-rate health care services can be obtained.
146.93(4)
(4) The health care services of the program under
sub. (1) (a) shall be provided to any individual residing in a county under
sub. (3) who meets all of the following criteria:
146.93(4)(a)
(a) The individual is either unemployed or is employed less than 25 hours per week.
146.93(4)(b)
(b) The individual's family income is not greater than 150% of the federal poverty line, as defined under
42 USC 9902 (2).
146.93(4)(c)
(c) The individual does not have health insurance or other health care coverage and is unable to obtain health insurance or other health care coverage.
146.95
146.95
Patient visitation. 146.95(2)(a)(a) Any individual who is 18 years of age or older may identify to a health care provider at an inpatient health care facility at any time, either orally or in writing, those persons with whom the individual wishes to visit while the individual is a patient at the inpatient health care facility. Except as provided in
par. (b), no inpatient health care facility may deny visitation during the inpatient health care facility's regular visiting hours to any person identified by the individual.
146.95(2)(b)
(b) Subject to
s. 51.61 for a treatment facility, an inpatient health care facility may deny visitation with a patient to any person if any of the following applies:
146.95(2)(b)1.
1. The inpatient health care facility or a health care provider determines that the patient may not receive any visitors.
146.95(2)(b)2.
2. The inpatient health care facility or a health care provider determines that the presence of the person would endanger the health or safety of the patient.
146.95(2)(b)3.
3. The inpatient health care facility determines that the presence of the person would interfere with the primary operations of the inpatient health care facility.
146.95(2)(b)4.
4. The patient has subsequently expressed in writing to a health care provider at the inpatient health care facility that the patient no longer wishes to visit with the person. Unless
subd. 2. applies, an inpatient health care facility may not under this subdivision deny visitation to the person based on a claim by someone other than a health care provider that the patient has orally expressed that the patient no longer wishes to visit with that person.
146.95 History
History: 1997 a. 153.
146.99
146.99
Assessments. The department shall, within 90 days after the commencement of each fiscal year, assess hospitals, as defined in
s. 50.33 (2), a total of $1,500,000, 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 its assessment on or before December 1 for the fiscal year. All payments of assessments shall be deposited in the appropriation under
s. 20.435 (4) (gp).
146.995
146.995
Reporting of wounds and burn injuries. 146.995(2)(a)(a) Any person licensed, certified or registered by the state under
ch. 441,
448 or
455 who treats a patient suffering from any of the following shall report in accordance with
par. (b):
146.995(2)(a)2.
2. Any wound other than a gunshot wound if the person has reasonable cause to believe that the wound occurred as a result of a crime.
146.995(2)(a)3.
3. Second-degree or 3rd-degree burns to at least 5% of the patient's body or, due to the inhalation of superheated air, swelling of the patient's larynx or a burn to the patient's upper respiratory tract, if the person has reasonable cause to believe that the burn occurred as a result of a crime.
146.995(2)(b)
(b) For any mandatory report under
par. (a), the person shall report the patient's name and the type of wound or burn injury involved as soon as reasonably possible to the local police department or county sheriff's office for the area where the treatment is rendered.
146.995(2)(c)
(c) Any such person who intentionally fails to report as required under this subsection may be required to forfeit not more than $500.
146.995(3)
(3) Any person reporting in good faith under
sub. (2), and any inpatient health care facility that employs the person who reports, are immune from all civil and criminal liability that may result because of the report. In any proceeding, the good faith of any person reporting under this section shall be presumed.
146.995(4)
(4) The reporting requirement under
sub. (2) does not apply under any of the following circumstances:
146.995(4)(a)
(a) The patient is accompanied by a law enforcement officer at the time treatment is rendered.
146.995(4)(b)
(b) The patient's name and type of wound or burn injury have been previously reported under
sub. (2).
146.995(4)(c)
(c) The wound is a gunshot wound and appears to have occurred at least 30 days prior to the time of treatment.
146.997
146.997
Health care worker protection. 146.997(1)(a)
(a) "Department" means the department of workforce development.
146.997(1)(c)
(c) "Health care facility" means a facility, as defined in
s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex or other place licensed or approved by the department of health and family services under
s. 49.70,
49.71,
49.72,
50.03,
50.35,
51.08 or
51.09 or a facility under
s. 45.365,
51.05,
51.06,
233.40,
233.41,
233.42 or
252.10.
146.997(1)(d)
(d) "Health care provider" means any of the following:
146.997(1)(d)5.
5. An occupational therapist, occupational therapy assistant, physician assistant or respiratory care practitioner certified under
ch. 448.
146.997(1)(d)11.
11. A social worker, marriage and family therapist or professional counselor certified under
ch. 457.
146.997(1)(d)12.
12. A speech-language pathologist or audiologist licensed under
subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.
146.997(1)(d)16.
16. A corporation or limited liability company of any providers specified under
subds. 1. to
14. that provides health care services.
146.997(1)(d)17.
17. An operational cooperative sickness care plan organized under
ss. 185.981 to
185.985 that directly provides services through salaried employees in its own facility.
146.997(2)(a)(a) Any employee of a health care facility or of a health care provider who is aware of any information, the disclosure of which is not expressly prohibited by any state law or rule or any federal law or regulation, that would lead a reasonable person to believe any of the following may report that information to any agency, as defined in
s. 111.32 (6) (a), of the state; to any professionally recognized accrediting or standard-setting body that has accredited, certified or otherwise approved the health care facility or health care provider; to any officer or director of the health care facility or health care provider; or to any employee of the health care facility or health care provider who is in a supervisory capacity or in a position to take corrective action:
146.997(2)(a)1.
1. That the health care facility or health care provider or any employee of the health care facility or health care provider has violated any state law or rule or federal law or regulation.
146.997(2)(a)2.
2. That there exists any situation in which the quality of any health care service provided by the health care facility or health care provider or by any employee of the health care facility or health care provider violates any standard established by any state law or rule or federal law or regulation or any clinical or ethical standard established by a professionally recognized accrediting or standard-setting body and poses a potential risk to public health or safety.
146.997(2)(b)
(b) An agency or accrediting or standard-setting body that receives a report under
par. (a) shall, within 5 days after receiving the report, notify the health care facility or health provider that is the subject of the report, in writing, that a report alleging a violation specified in
par. (a) 1. or
2. has been received and provide the health care facility or health care provider with a written summary of the contents of the report, unless the agency, or accrediting or standard-setting body determines that providing that notification and summary would jeopardize an ongoing investigation of a violation alleged in the report. The notification and summary may not disclose the identity of the person who made the report.
146.997(2)(c)
(c) Any employee of a health care facility or health care provider may initiate, participate in or testify in any action or proceeding in which a violation specified in
par. (a) 1. or
2. is alleged.
146.997(2)(d)
(d) Any employee of a health care facility or health care provider may provide any information relating to an alleged violation specified in
par. (a) 1. or
2. to any legislator or legislative committee.
146.997(3)(a)(a) No health care facility or health care provider and no employee of a health care facility or health care provider may take disciplinary action against, or threaten to take disciplinary action against, any person because the person reported in good faith any information under
sub. (2) (a), in good faith initiated, participated in or testified in any action or proceeding under
sub. (2) (c) or provided in good faith any information under
sub. (2) (d) or because the health care facility, health care provider or employee believes that the person reported in good faith any information under
sub. (2) (a), in good faith initiated, participated in or testified in any action or proceeding under
sub. (2) (c) or provided in good faith any information under
sub. (2) (d).
146.997(3)(b)
(b) No health care facility or health care provider and no employee of a health care facility or health care provider may take disciplinary action against, or threaten to take disciplinary action against, any person on whose behalf another person reported in good faith any information under
sub. (2) (a), in good faith initiated, participated in or testified in any action or proceeding under
sub. (2) (c) or provided in good faith any information under
sub. (2) (d) or because the health care facility, health care provider or employee believes that another person reported in good faith any information under
sub. (2) (a), in good faith initiated, participated in or testified in any action or proceeding under
sub. (2) (c) or provided in good faith any information under
sub. (2) (d) on that person's behalf.
146.997(3)(c)
(c) For purposes of
pars. (a) and
(b), an employee is not acting in good faith if the employee reports any information under
sub. (2) (a) that the employee knows or should know is false or misleading, initiates, participates in or testifies in any action or proceeding under
sub. (2) (c) based on information that the employee knows or should know is false or misleading or provides any information under
sub. (2) (d) that the employee knows or should know is false or misleading.
146.997(4)(a)(a) Subject to
par. (b), any employee of a health care facility or health care provider who is subjected to disciplinary action, or who is threatened with disciplinary action, in violation of
sub. (3) may file a complaint with the department under
s. 106.06 (6) [
s. 106.54 (6)]. If the department finds that a violation of
sub. (3) has been committed, the department may take such action under
s. 111.39 as will effectuate the purpose of this section.
146.997 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
146.997(4)(b)
(b) Any employee of a health care facility operated by an agency, as defined in
s. 111.32 (6) (a), of the state who is subjected to disciplinary action, or who is threatened with disciplinary action, in violation of
sub. (3) may file a complaint with the personnel commission under
s. 230.45 (1) (L). If the personnel commission finds that a violation of
sub. (3) has been committed, the personnel commission may take such action under
s. 111.39 as will effectuate the purpose of this section.
