252.15(9)
(9) Penalties. 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 $25,000 or imprisoned not more than 9 months or both. Whoever negligently discloses the results of a blood test in violation of
sub. (2) (a) 7m.,
(5) (a) or
(5m) is subject to a forfeiture of not more than $1,000 for each violation. Whoever intentionally discloses the results of a blood test in violation of
sub. (2) (a) 7m.,
(5) (a) or
(5m), knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 or imprisoned not more than 3 years and 6 months, or both.
252.15(10)
(10) Discipline of employees. Any employee of the state or a political subdivision of the state who violates this section may be discharged or suspended without pay.
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;
1997 a. 54,
80,
156,
188;
1999 a. 9,
32,
79,
151,
162,
188;
2001 a. 38,
59,
69,
74,
103,
105;
2003 a. 271.
252.15 Annotation
No claim for a violation of sub. (2) was stated when the defendants neither conducted HIV tests nor were authorized recipients of the test results. Hillman v. Columbia County,
164 Wis. 2d 376,
474 N.W.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 Wis. 2d 787,
498 N.W.2d 370 (1993).
252.15 Annotation
This section has no bearing on a case in which a letter from the plaintiff to the defendant pharmacy contained a reference to a drug used only to treat AIDS, but did not disclose the results of an HIV test or directly disclose that the defendant had AIDS. Doe v. American Stores, Co.
74 F. Supp. 2d 855 (1999).
252.15 Annotation
Confidentiality of Medical Records. Meili. Wis. Law. Feb. 1995.
252.15 Annotation
HIV Confidentiality: Who Has the Right to Know? Krimmer. Wis. Law. Feb. 2003.
252.15 Annotation
Balancing Federal and Wisconsin Medical Privacy Laws. Hartin. Wis. Law. June 2003.
252.16
252.16
Health insurance premium subsidies. 252.16(1)(ar)
(ar) "Dependent" means a spouse, an unmarried child under the age of 19 years, an unmarried child who is a full-time student under the age of 21 years and who is financially dependent upon the parent, or an unmarried child of any age who is medically certified as disabled and who is dependent upon the parent.
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, whether or not dependents of the members are also covered. The term includes a medicare supplement policy, as defined in
s. 600.03 (28r), but does not include a medicare replacement policy, as defined in
s. 600.03 (28p), or a long-term care insurance policy, as defined in
s. 600.03 (28g).
252.16(1)(c)
(c) "Individual health policy" means an insurance policy or a partially or wholly uninsured plan or program, that provides hospital, medical or other health coverage to an individual on an individual basis and not as a member of a group, whether or not dependents of the individual are also covered. The term includes a medicare supplement policy, as defined in
s. 600.03 (28r), but does not include a medicare replacement policy, as defined in
s. 600.03 (28p), or a long-term care insurance policy, as defined in
s. 600.03 (28g).
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 (5) (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 health insurance 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 300% 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)(dm)
(dm) Has, or is eligible for, health insurance coverage under a group health plan or an individual health policy.
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 employer or former employer or health insurer to verify the individual's eligibility for coverage under the group health plan or individual health policy 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)1m.
1m. Contact the individual's employer or former employer to verify that the individual's employment has been terminated or that his or her hours have been reduced 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 employer or former employer or health insurer regarding the individual's HIV status.
252.16(4)(a)(a) Except as provided in
pars. (b) and
(d), if an individual satisfies
sub. (3), the department shall pay the full amount of each premium payment for the individual's health insurance coverage under the group health plan or individual health policy under
sub. (3) (dm), on or after the date on which the individual becomes eligible for a subsidy under
sub. (3). Except as provided in
pars. (b) and
(d), the department shall pay the full amount of each premium payment regardless of whether the individual's health insurance coverage under
sub. (3) (dm) includes coverage of the individual's dependents. Except as provided in
par. (b), the department shall terminate the payments under this section when the individual's health insurance coverage ceases or when the individual no longer satisfies
sub. (3), whichever occurs first. The department may not make payments under this section for premiums for medicare.
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 (5) (am).
252.16(4)(d)
(d) For an individual who satisfies
sub. (3) and who has a family income, as defined by rule under
sub. (6) (a), that exceeds 200% but does not exceed 300% of the federal poverty line, as defined under
42 USC 9902 (2), for a family the size of the individual's family, the department shall pay a portion of the amount of each premium payment for the individual's health insurance coverage. The portion that the department pays shall be determined according to a schedule established by the department by rule under
sub. (6) (c). The department shall pay the portion of the premium determined according to the schedule regardless of whether the individual's health insurance coverage under
sub. (3) (dm) includes coverage of the individual's dependents.
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
(dm) 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 health insurer unless the individual authorizes the department, in writing, to make that contact and to make any necessary disclosure to the individual's employer or health insurer 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 health insurance coverage available to individuals who satisfy
sub. (3).
252.16(6)(c)
(c) Establish a premium contribution schedule for individuals who have a family income, as defined by rule under
par. (a), that exceeds 200% but does not exceed 300% of the federal poverty line, as defined under
42 USC 9902 (2), for a family the size of the individual's family. In establishing the schedule under this paragraph, the department shall take into consideration both income level and family size.
252.16 Cross-reference
Cross Reference: See also ch.
HFS 138, Wis. adm. code.
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 (5) (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 300% 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),
(c) and
(d), 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 (5) (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(4)(d)
(d) For an individual who satisfies
sub. (3) and who has a family income, as defined by rule under
sub. (6) (a), that exceeds 200% but does not exceed 300% of the federal poverty line, as defined under
42 USC 9902 (2), for a family the size of the individual's family, the department shall pay a portion of the amount of each premium payment for the individual's coverage under the group health plan under
sub. (3) (d). The portion that the department pays shall be determined according to a schedule established by the department by rule under
sub. (6) (c). The department shall pay the portion of the premium determined according to the schedule regardless of whether the individual's coverage under the group health plan under
sub. (3) (d) includes coverage of the individual's spouse and dependents.
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(6)(c)
(c) Establish a premium contribution schedule for individuals who have a family income, as defined by rule under
par. (a), that exceeds 200% but does not exceed 300% of the federal poverty line, as defined under
42 USC 9902 (2), for a family the size of the individual's family. In establishing the schedule under this paragraph, the department shall take into consideration both income level and family size.
252.17 Cross-reference
Cross Reference: See also ch.
HFS 138, Wis. adm. code.
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 willfully violate the recommendations of the local health officer or subject others to danger of contracting the disease. No person may knowingly and willfully 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. Except as provided in
ss. 250.041 and
252.241, 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:
