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), or advanced practice nurse prescriber 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 or advanced practice nurse prescriber 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;
2005 a. 187.
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:
252.23(4)(a)
(a) Except as provided in
ss. 250.041 and
252.241, standards and procedures, including fee payment to offset the cost of licensing tattooists and tattoo establishments, for the annual issuance of licenses as tattooists or as tattoo establishments to applicants under this section.
252.23(4)(b)
(b) Standards for the performance of tattoos by a licensed tattooist and for the maintenance of a licensed tattoo establishment, which will promote safe and adequate care and treatment for individuals who receive tattoos and eliminate or greatly reduce the danger of exposure by these individuals to communicable disease or infection.
252.23(5)
(5) Exception. This section does not apply to a dentist who is licensed under
s. 447.03 (1) or to a physician who tattoos or offers to tattoo a person in the course of the dentist's or physician's professional practice.
252.23 History
History: 1995 a. 468;
1997 a. 191,
237.
252.23 Cross-reference
Cross Reference: See also chs.
HFS 173 and
Med 15, Wis. adm. code.
252.24
252.24
Regulation of body piercing and body-piercing establishments. 252.24(1)(a)
(a) "Body piercer" means a person who performs body piercing on another.
252.24(1)(b)
(b) "Body piercing" means perforating any human body part or human tissue, except an ear, and placing a foreign object in the perforation in order to prevent the perforation from closing.
252.24(1)(c)
(c) "Body-piercing establishment" means the premises where a body piercer performs body piercing.
252.24(2)
(2) Department; duty. Except as provided in
ss. 250.041 and
252.241, the department shall provide uniform, statewide licensing and regulation of body piercers and uniform, statewide licensing and regulation of body-piercing establishments under this section. The department shall inspect a body-piercing establishment once before issuing a license for the body-piercing establishment under this section and may make additional inspections that the department determines are necessary.
252.24(3)
(3) License required. Except as provided in
sub. (5), no person may pierce the body of or attempt to pierce the body of another, designate or represent himself or herself as a body piercer or use or assume the title "body piercer" unless the person is licensed under this section.
252.24(4)
(4) Rule making. The department shall promulgate all of the following as rules:
252.24(4)(a)
(a) Except as provided in
ss. 250.041 and
252.241, standards and procedures, including fee payment to offset the cost of licensing body piercers and body-piercing establishments, for the annual issuance of licenses as body piercers or as body-piercing establishments to applicants under this section.
252.24(4)(b)
(b) Standards for the performance of body piercing by a licensed body piercer and for the maintenance of a licensed body-piercing establishment, which will promote safe and adequate care and treatment for individuals who receive body piercing and eliminate or greatly reduce the danger of exposure by these individuals to communicable disease or infection.
252.24(5)
(5) Exception. This section does not apply to a dentist who is licensed under
s. 447.03 (1) or to a physician who pierces the body of or offers to pierce the body of a person in the course of the dentist's or physician's professional practice.
252.24 Cross-reference
Cross Reference: See also chs.
HFS 173 and
Med 15, Wis. adm. code.
252.241
252.241
Denial, nonrenewal and revocation of license based on tax delinquency. 252.241(1)
(1) Except as provided in
sub. (1m), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing a license under
s. 252.23 (2) or
(4) (a) or
252.24 (2) or
(4) (a).
252.241(1m)
(1m) If an individual who applies for or to renew a license under
sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
252.241(2)
(2) The department may not disclose any information received under
sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
252.241(3)
(3) Except as provided in
sub. (1m), the department shall deny an application for the issuance or renewal of a license specified in
sub. (1) if the applicant does not provide the information specified in
sub. (1).
252.241(4)
(4) The department shall deny an application for the issuance or renewal of a license specified in
sub. (1), or shall revoke the license specified in
sub. (1), if the department of revenue certifies under
s. 73.0301 that the applicant for or holder of the license is liable for delinquent taxes.
252.241 History
History: 1997 a. 237;
1999 a. 9.
252.245
252.245
Agent status for local health departments. 252.245(1)(1) In the administration and enforcement of
ss. 252.23 and
252.24, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which designates the local health department as the department's agent in issuing licenses to and making investigations or inspections of tattooists and tattoo establishments and body piercers and body-piercing establishments. In a jurisdictional area of a local health department without agent status, the department of health and family services may issue licenses, collect license fees established by rule under
ss. 252.23 (4) (a) and
252.24 (4) (a) and make investigations or inspections of tattooists and tattoo establishments and body piercers and body-piercing establishments. If the department designates a local health department as its agent, the department or local health department may require no license for the same operations other than the license issued by the local health department under this subsection. If the designation is made and the services are furnished, the department shall reimburse the local health department furnishing the service at the rate of 80% of the net license fee per license per year issued in the jurisdictional area.
252.245(2)
(2) A local health department designated as the department's agent under this section shall meet standards promulgated under
ss. 252.23 (4) (a) and
252.24 (4) (a). The department shall annually evaluate the licensing, investigation and inspection program of each local health department granted agent status. If, at any time, a local health department designated as the department's agent fails to meet the standards, the department of health and family services may revoke its agent status.
252.245(3)
(3) The department shall provide education and training to agents designated under this section to ensure uniformity in the enforcement of
s. 252.23 or
252.24 and rules promulgated under
s. 252.23 or
252.24
252.245(4)
(4) Except as provided in
sub. (4m), a local health department designated as the department's agent under this section shall establish and collect the license fee for each tattooist or tattoo establishment and for each body piercer or body-piercing establishment. The local health department may establish separate fees for preinspections of new tattoo or body-piercing establishments, for preinspections of existing establishments for which a person intends to be the new operator or for the issuance of duplicate licenses. No fee may exceed the local health department's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the tattooists and tattoo establishments or body piercers and body-piercing establishments, plus the state fee established under
sub. (9).
252.245(4m)
(4m) A local health department designated as the department's agent under this section may contract with the department of health and family services for the department of health and family services to collect fees and issue licenses under
s. 252.23 or
252.24. The department shall collect from the local health department the actual and reasonable cost of providing the services.
252.245(5)
(5) If, under this section, a local health department becomes an agent or its agent status is discontinued during a licensee's license year, the department of health and family services and the local health department shall divide any license fee paid by the licensee for that license year according to the proportions of the license year occurring before and after the local health department is designated as an agent or the agent status is discontinued. No additional fee may be required during the license year due to the change in agent status.
