153.67 History
History: 1999 a. 9.
153.75(1)(1) Following approval by the board, the department 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 health care providers are permitted to review, verify and comment on information and include the comments with the information.
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)(L)
(L) Defining the term "uncompensated health care services" for the purposes of
s. 153.20.
153.75(1)(m)
(m) Specifying the classes of health care providers from whom claims data and other health care information will be collected.
153.75(1)(n)
(n) Specifying the uniform data set of health care information, as adjusted for case mix and severity, to be collected.
153.75(1)(o)
(o) Specifying the means by which the information in
par. (b) will be collected, including the procedures for submission of data by electronic means.
153.75(1)(p)
(p) Specifying the methods for using and disseminating health care data in order for health care providers to provide health care that is effective and economically efficient and for consumers and purchasers to make informed decisions in selecting health care plans and health care providers.
153.75(1)(q)
(q) Specifying the information to be provided in the consumer guide under
s. 153.21.
153.75(1)(r)
(r) Specifying the standard reports that will be issued by the department in addition to those required in
ss. 153.20 and
153.21.
153.75(1)(u)
(u) Specifying the methods for adjusting health care information for case mix and severity.
153.75(2)
(2) Following approval by the board, the department 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 department may require under this chapter.
153.75(2)(d)
(d) Specifying the information collected under any voluntary system of health care plan reporting under
s. 153.05 (6r) and the methods and criteria for assessing health care plans that submit data under that subsection.
153.76
153.76
Rule-making by the independent review board. Notwithstanding
s. 15.01 (1r), the independent review board may promulgate only those rules that are first reviewed and approved by the board on health care information.
153.76 History
History: 1999 a. 9.
153.85
153.85
Civil liability. Except as provided in
s. 153.86, 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;
1999 a. 9.
153.86
153.86
Immunity from liability. 153.86(1)
(1) A health care provider that submits information to the department under this chapter is immune from civil liability for all of the following:
153.86(1)(a)
(a) Any act or omission of an employee, official or agent of the health care provider that results in the release of a prohibited data element while submitting data to the department.
153.86(1)(b)
(b) Any act or omission of the department that results in the release of data.
153.86(2)
(2) The immunity provided under this section does not apply to intentional, wilful or reckless acts or omissions by health care providers.
153.86 History
History: 1999 a. 9.
153.90(1)(1) Whoever intentionally violates
s. 153.45 (5) or
153.50 or rules promulgated under
s. 153.75 (1) (a) may be fined not more than $15,000 or imprisoned for not more than one year in the county jail or both.
153.90(2)
(2) Any person who violates this chapter or any rule promulgated under the authority of this chapter, except
ss. 153.45 (5),
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 department may directly assess forfeitures under
sub. (2). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the department 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.
