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)(m)
(m) Specifying the classes of health care providers, other than hospitals and ambulatory surgery centers, 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 from health care providers other than hospitals and ambulatory surgery centers.
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 other than hospitals and ambulatory surgery centers 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 by the department in the consumer guide under
s. 153.21 (1).
153.75(1)(r)
(r) Specifying the standard reports that will be issued by the department in addition to those required in
s. 153.21 (1).
153.75(1)(u)
(u) Specifying the methods for adjusting health care information obtained from health care providers other than hospitals and ambulatory surgery centers for case mix and severity.
153.75(2)
(2) The department may promulgate all of the following rules:
153.75 Note
NOTE: Sub. (2) (intro.) is amended by
2005 Wis. Act 228 effective the date specified in s. 153.455 (1) of the statutes, as created by
2005 Wis. Act 228, to read:
Effective date text
(2) The department may promulgate all of the following rules, which shall apply only if the contract under s. 153.05 (2r) is terminated under s. 153.455 (3) and s. 153.455 (4) applies:
153.75(2)(a)
(a) Exempting certain classes of health care providers that are not hospitals or ambulatory surgery centers 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.
153.75 Note
NOTE: Par. (d) is repealed by
2005 Wis. Act 228 effective the date specified in s. 153.455 (1) of the statutes, as created by
2005 Wis. Act 228. Section 153.05 (6r) was repealed effective 7-1-06 by Act 228.
153.75 Cross-reference
Cross Reference: See also ch.
HFS 120, Wis. adm. code.
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, willful 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.
