CHAPTER 153
HEALTH CARE INFORMATION
153.01 Definitions.
153.05 Collection and dissemination of health care and related information.
153.07 Board powers and duties.
153.08 Hospital rate increases or charges in excess of rates.
153.10 Health care data reports.
153.20 Uncompensated health care services report.
153.21 Consumer guide.
153.45 Release of data.
153.50 Protection of patient confidentiality.
153.55 Protection of confidentiality.
153.60 Assessments to fund operations of department and board.
153.65 Provision of special information; user fees.
153.67 Independent review board.
153.75 Rule making.
153.76 Rule-making by the independent review board.
153.85 Civil liability.
153.86 Immunity from liability.
153.90 Penalties.
153.01 153.01 Definitions. In this chapter:
153.01(1) (1) "Ambulatory surgery center" has the meaning given under 42 CFR 416.2.
153.01(2) (2) "Board" means the board on health care information.
153.01(2m) (2m) "Data element" means an item of information from a uniform patient billing form.
153.01(4) (4) "Department" means the department of health and family services.
153.01(4h) (4h) "Employer coalition" means an organization of employers formed for the purpose of purchasing health care coverage or services as a group.
153.01(4p) (4p) "Health care plan" means an insured or self-insured plan providing coverage of health care expenses or an employer coalition.
153.01(4t) (4t) "Health care provider" has the meaning given in s. 146.81 (1) and includes an ambulatory surgery center.
153.01(5) (5) "Hospital" has the meaning given under s. 50.33 (2).
153.01(5m) (5m) "Insurer" has the meaning given under s. 600.03 (27).
153.01(7) (7) "Patient" means a person who receives health care services from a health care provider.
153.01(8) (8) "Payer" means a 3rd party payer, including an insurer, federal, state or local government or another who is responsible for payment of a hospital charge.
153.05 153.05 Collection and dissemination of health care and related information.
153.05(1) (1) In order to provide to hospitals, health care providers, insurers, consumers, governmental agencies and others information concerning health care providers and uncompensated health care services, and in order to provide information to assist in peer review for the purpose of quality assurance, the department shall collect, analyze and disseminate health care information, as adjusted for case mix and severity, in language that is understandable to lay persons.
153.05(3) (3) Upon request of the department, state agencies shall provide health care information to the department for use in preparing reports under this chapter.
153.05(5) (5) Unless sub. (13) applies, the department may require health care providers to submit to the department information specified by rule under s. 153.75 (1) (n) for the preparation of reports, plans and recommendations in the form specified by the department by rule.
153.05(6) (6) The department may contract with a public or private entity that is not a major purchaser, payer or provider of health care services in this state for the provision of data processing services for the collection, analysis and dissemination of health care information under sub. (1).
153.05(6m) (6m) The department may contract with the group insurance board for the provision of data collection and analysis services related to health maintenance organizations and insurance companies that provide health insurance for state employees. The department shall establish contract fees for the provision of the services. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (4) (hg).
153.05(6r) (6r) The department shall study and, based on the results of the study, may develop and implement a voluntary system of health care plan reporting that enables purchasers and consumers to assess the performance of health care plans and the health care providers that are employed or reimbursed by the health care plans. The department shall undertake the study and any development and implementation in cooperation with private health care purchasers, the board, the department of employee trust funds, the office of the commissioner of insurance, the interagency coordinating council created under s. 15.107 (7), major associations of health care providers, health care plans and consumers. If implemented, the department shall operate the system in a manner so as to enable purchasers, consumers, the public, the governor and legislators to assess the performance of health care plans and health care providers.
153.05(8) (8) Unless sub. (13) applies, the department shall collect, analyze and disseminate, in language that is understandable to lay persons, claims information and other health care information, as adjusted for case mix and severity, under the provisions of this chapter, as determined by rules promulgated by the department, from health care providers specified by rules promulgated by the department. Data from health care providers may be obtained through sampling techniques in lieu of collection of data on all patient encounters and data collection procedures shall minimize unnecessary duplication and administrative burdens. If the department collects health care provider-specific data from health care plans, the department shall attempt to avoid collecting the same data from health care providers.
153.05(9) (9) The department shall provide orientation and training to health care providers who submit data under this chapter to explain the process of data collection and analysis and the procedures for data verification, comment, interpretation and release.
153.05(12) (12) The department shall, to the extent possible and upon request, assist members of the public in interpreting data in health care information disseminated by the department.
153.05(13) (13) The department may waive the requirement under sub. (1), (5) or (8) for a health care provider, who requests the waiver and presents evidence to the department that the requirement under sub. (1), (5) or (8) is burdensome, under standards established by the department by rule. The department shall develop a form for use by a health care provider in submitting a request under this subsection.
153.05 Cross-reference Cross Reference: See also ch. HFS 120, Wis. adm. code.
153.07 153.07 Board powers and duties.
153.07(1) (1) The board shall advise the department with regard to the collection, analysis and dissemination of health care information required by this chapter.
153.07(3) (3) The board shall approve all rules which are proposed by the department for promulgation to implement this chapter.
153.07(4) (4) The board and the department shall jointly do all of the following:
153.07(4)(b) (b) Provide oversight on the standard reports under this chapter, including the reports under ss. 153.20 and 153.21.
153.07(4)(c) (c) Develop the overall strategy and direction for implementation of this chapter.
153.07(4)(d) (d) Provide information on their activities to the interagency coordinating council created under s. 15.107 (7).
153.08 153.08 Hospital rate increases or charges in excess of rates.
153.08(1)(1) In this section:
153.08(1)(a) (a) "Consumer price index" has the meaning given in s. 16.004 (8) (e) 1.
153.08(1)(b) (b) Notwithstanding s. 153.01 (5), "hospital" has the meaning given in s. 50.33 (2), except that "hospital" does not include a center for the developmentally disabled as defined in s. 51.01 (3).
153.08(1)(c) (c) "Rates" means individual charges of a hospital for the services that it provides.
153.08(2) (2) No hospital may increase its rates or charge any payer an amount exceeding its rates that are in effect on May 12, 1992, unless the hospital first causes to be published a class 1 notice under ch. 985 in a newspaper likely to give notice in the area where the hospital is located, no sooner than 45 days and no later than 30 days before the proposed rate change is to take effect. The notice shall describe the proposed rate change.
153.08(3) (3) This section does not apply to a hospital that proposes to increase its rates during the course of the hospital's fiscal year by any amount or amounts that, in the aggregate, do not exceed the percentage amount that is the percentage difference between the consumer price index reported for the 12-month period ending on December 31 of the preceding year and the consumer price index reported for the 12-month period ending on December 31 of the year prior to the preceding year.
153.08(4) (4) A hospital shall publish a class 1 notice under ch. 985 at least 10 days prior to the institution by the hospital of a rate increase.
153.08 History History: 1993 a. 16 ss. 2644 to 2646; 1993 a. 104 ss. 3, 5m, 7, 8, 9; 1993 a. 491; 1997 a. 27, 231.
153.10 153.10 Health care data reports. The department shall prepare, and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), standard reports that the department prepares and shall collect information necessary for preparation of those reports.
153.10 History History: 1987 a. 399; 1997 a. 27, 231.
153.20 153.20 Uncompensated health care services report.
153.20(1)(1) The department shall prepare, and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), an annual report setting forth the number of patients to whom uncompensated health care services were provided by each hospital and the total charges for the uncompensated health care services provided to the patients for the preceding year, together with the number of patients and the total charges that were projected by the hospital for that year in the plan filed under sub. (2).
153.20(2) (2) Every hospital shall file with the department an annual plan setting forth the projected number of patients to whom uncompensated health care services will be provided by the hospital and the projected total charges for the uncompensated health care services to be provided to the patients for the ensuing year.
153.20 History History: 1987 a. 399; 1989 a. 18; 1997 a. 27, 231.
153.21 153.21 Consumer guide. The department shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) an annual guide to assist consumers in selecting health care providers and health care plans. The guide shall be written in language that is understandable to lay persons. The department shall widely publicize and distribute the guide to consumers.
153.21 History History: 1997 a. 231.
153.45 153.45 Release of data.
153.45(1)(1) After completion of data verification, comment and review procedures specified by the department by rule, the department shall release data, together with comments, if any, in the following forms:
153.45(1)(a) (a) Standard reports.
153.45(1)(b)1.1. For information that is submitted by hospitals or ambulatory surgery centers, public use data files that do not permit the identification of specific patients, employers or health care providers, as defined by rules promulgated by the department. The identification of patients, employers or health care providers 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)(b)2. 2. For information that is submitted by health care providers other than hospitals or ambulatory surgery centers, public use data files that do not permit the identification of specific patients, employers or health care providers, as defined by rules promulgated by the department. The identification of patients, employers or health care providers shall be protected by all necessary means, including the deletion of patient identifiers; the use of calculated variables and aggregated variables; the specification of counties as to residence, rather than zip codes; the use of 5-year categories for age, rather than exact age; not releasing information concerning a patient's race or ethnicity or dates of admission, discharge, procedures or visits; and masking sensitive diagnoses and procedures by use of larger diagnostic and procedure categories. Public use data files under this subdivision may include only the following:
153.45(1)(b)2.a. a. The patient's county of residence.
153.45(1)(b)2.b. b. The payment source, by type.
153.45(1)(b)2.c. c. The patient's age category, by 5-year intervals.
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This is an archival version of the Wis. Stats. database for 2001. See Are the Statutes on this Website Official?