146.905(2)
(2) Subsection (1) does not apply if payment of the total fee would impose an undue financial hardship on the individual receiving the service or product.
146.905 History
History: 1991 a. 250;
1995 a. 225.
146.91
146.91
Long-term care insurance. 146.91(1)
(1) In this section, "long-term care insurance" means insurance that provides coverage both for an extended stay in a nursing home and home health services for a person with a chronic condition. The insurance may also provide coverage for other services that assist the insured person in living outside a nursing home including but not limited to adult day care and continuing care retirement communities.
146.91(2)
(2) The department, with the advice of the council on long-term care insurance, the office of the commissioner of insurance, the board on aging and long-term care and the department of employee trust funds, shall design a program that includes the following:
146.91(2)(a)
(a) Subsidizing premiums for persons purchasing long-term care insurance, based on the purchasers' ability to pay.
146.91(2)(b)
(b) Reinsuring by the state of policies issued in this state by long-term care insurers.
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.
146.96
146.96
Uniform claim processing form. Beginning no later than July 1, 2004, every health care provider, as defined in
s. 146.81 (1), shall use the uniform claim processing form developed by the commissioner of insurance under
s. 601.41 (9) (b) when submitting a claim to an insurer.
146.96 History
History: 2001 a. 109.
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)4.
4. A physician, podiatrist, perfusionist, or physical therapist licensed under
ch. 448.
Effective date note
NOTE: Subd. 4 is shown below as affected by
2001 Wis. Acts 70 and
89, eff. 4-1-04.
Effective date text
4. A physician, podiatrist, perfusionist, physical therapist, or physical therapist assistant licensed under ch. 448.
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.
Effective date note
NOTE: Subd. 13. is shown as amended eff. 3-1-03 by
2001 Wis. Act 74. Prior to 3-1-03 it reads:
Effective date text
13. A massage therapist or bodyworker issued a license of registration under subch. XI of ch. 440.
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:
