146.84 Annotation
Sub. (1) (b) does not preclude certification of a class action in a suit to recover unreasonable fees charged for copies of health care records. Cruz v. All Saints Healthcare System, Inc. 2001 WI App 67,
242 Wis. 2d 432,
625 N.W.2d 344,
00-1473.
146.87
146.87
Federal registration numbers for prescribers of controlled substances. 146.87(1)(b)
(b) "Federal registration number" means the registration number required under
21 USC 822 for practitioners who prescribe controlled substances.
146.87(2)
(2) Beginning on the first day on which small health plans are required to comply with a U.S. Department of Health and Human Services regulation under
42 USC 1320d-2 (b) that requires use of a unique identifier for health care providers, no person may do any of the following:
146.87(2)(a)
(a) Require that a practitioner include his or her federal registration number on a prescription order for a drug or device that is not a controlled substance.
146.87(2)(b)
(b) Disclose a practitioner's federal registration number without the practitioner's consent for any purpose other than complying with or enforcing federal or state law related to controlled substances.
146.87(2)(c)
(c) Use a federal registration number to identify or monitor the prescribing practices of a practitioner, except for the purpose of complying with or enforcing federal or state law related to controlled substances.
146.87(3)
(3) A person who violates this section may be required to forfeit not more than $10,000 for each violation.
146.87 History
History: 2003 a. 272.
146.89
146.89
Volunteer health care provider program. 146.89(1)(d)
(d) "Governing body" means the governing body of any of the following:
146.89(1)(r)
(r) "Volunteer health care provider" means an individual who is one of the following and who receives no income from the practice of his or her health care profession or who receives no income from the practice of that health care profession when providing services at the nonprofit agency specified under
sub. (3) or for the school board or governing body specified under
sub. (3r):
146.89(1)(r)1.
1. Licensed as a physician under
ch. 448, a dentist or dental hygienist under
ch. 447, a registered nurse, practical nurse, or nurse-midwife under
ch. 441, an optometrist under
ch. 449, a physician assistant under
ch. 448, a pharmacist under
ch. 450, a chiropractor under
ch. 446, a podiatrist under
subch. IV of ch. 448, or a physical therapist under
subch. III of ch. 448.
146.89(1)(r)4.
4. An individual who performs functions described for pharmacy technicians in rules promulgated by the pharmacy examining board.
146.89(2)(a)(a) A volunteer health care provider may participate under this section only if he or she submits a joint application with a nonprofit agency, school board, or governing body to the department of administration and that department approves the application. If the volunteer health care provider submits a joint application with a school board or governing body, the application shall include a statement by the school board or governing body that certifies that the volunteer health care provider has received materials that specify school board or governing body policies concerning the provision of health care services to students and has agreed to comply with the policies. The department of administration shall provide application forms for use under this paragraph.
146.89(2)(b)
(b) The department of administration may send an application to the medical examining board for evaluation. The medical examining board shall evaluate any application submitted by the department of administration and return the application to the department of administration with the board's recommendation regarding approval.
146.89(2)(c)
(c) The department of administration shall notify the volunteer health care provider and the nonprofit agency, school board, or governing body of the department's decision to approve or disapprove the application.
146.89(2)(d)
(d) Approval of an application of a volunteer health care provider is valid for one year. If a volunteer health care provider wishes to renew approval, he or she shall submit a joint renewal application with a nonprofit agency, school board, or governing body to the department of administration. The department of administration shall provide renewal application forms that are developed by the department of health services and that include questions about the activities that the individual has undertaken as a volunteer health care provider in the previous 12 months.
146.89(3)
(3) Any volunteer health care provider and nonprofit agency whose joint application is approved under
sub. (2) shall meet the following applicable conditions:
146.89(3)(a)
(a) The volunteer health care provider shall provide services under
par. (b) without charge, except as provided in
sub. (3m), at the nonprofit agency, if the joint application of the volunteer health care provider and the nonprofit agency has received approval under
sub. (2) (a).
146.89(3)(b)
(b) Under this section, the nonprofit agency may provide the following health care services:
146.89(3)(b)8.
8. Dental services, including simple tooth extractions and any necessary suturing related to the extractions, performed by a dentist who is a volunteer health provider; and dental hygiene services, performed by a dental hygienist who is a volunteer health provider.
146.89(3)(c)
(c) Under this section, the nonprofit agency may not provide emergency medical services, hospitalization, or surgery, except as provided in
par. (b) 8.
146.89(3)(d)
(d) Under this section, the nonprofit agency shall provide health care services primarily to low-income persons who are uninsured and who are not recipients of any of the following:
146.89(3m)
(3m) A volunteer health care provider who is a dentist may provide dental services or a volunteer health care provider who is a dental hygienist may provide dental hygiene services, to persons who are recipients of Medical Assistance, if all of the following apply:
146.89(3m)(a)
(a) The nonprofit agency's fees for these services apply to the recipients and to persons who are not recipients of Medical Assistance.
146.89(3m)(b)
(b) The agency accepts discounted payments, based on ability to pay, from the persons who are not Medical Assistance recipients.
146.89(3r)
(3r) All of the following apply to a volunteer health care provider whose joint application with a school board or relevant governing body is approved under
sub. (2):
146.89(3r)(a)
(a) Before first providing health care services in a school, the volunteer health care provider shall provide to the school board or relevant governing body proof of satisfactory completion of any competency requirements that are relevant to the volunteer health care provider, as specified by the department of public instruction by rule, and shall consult with the school nurse, if any, of the school.
146.89(3r)(b)
(b) Under this subsection, the volunteer health care provider may provide only to students from 4-year-old kindergarten to grade 6 the following health care services:
146.89(3r)(b)5.
5. Any other health care services designated by the department of public instruction by rule.
146.89(3r)(c)
(c) Under this subsection, the volunteer health care provider may not provide any of the following:
146.89(3r)(d)
(d) Any health care services provided under
par. (b) shall be provided without charge at the school and shall be available to all students from 4-year-old kindergarten to grade 6 regardless of income.
146.89(3r)(e)
(e) Under this subsection, a volunteer health care provider may provide instruction in human growth and development if the instructional program is in compliance with requirements of
s. 118.019.
146.89(4)
(4) Volunteer health care providers who provide services under this section are, for the provision of these services, state agents of the department of health services for purposes of
ss. 165.25 (6),
893.82 (3) and
895.46. This state agency status applies regardless of whether the volunteer health care provider has coverage under a policy of health care liability insurance that would extend to services provided by the volunteer health care provider under this section; and the limitations under
s. 895.46 (1) (a) on the payment by the state of damages and costs in excess of any insurance coverage applicable to the agent and on the duty of a governmental unit to provide or pay for legal representation do not apply. Any policy of health care liability insurance providing coverage for services of a health care provider may exclude coverage for services provided by the health care provider under this section.
146.903
146.903
Disclosures required of health care providers and hospitals. 146.903(1)(b)
(b) "Clinic" means a place, other than a residence or a hospital, that is used primarily for the provision of nursing, medical, podiatric, dental, chiropractic, or optometric care and treatment.
146.903(1)(br)
(br) "Health care information organization" means an organization that gathers data from health care providers or hospitals regarding utilization and quality of health care services and that produces reports on the comparative quality of health care services provided by health care providers or hospitals.
146.903(1)(c)
(c) "Health care provider" has the meaning given in
s. 146.81 (1) (a) to
(L) and includes a clinic and an ambulatory surgical center but does not include a nursing home, as defined in
s. 50.01 (3).
146.903(1)(e)
(e) "Median billed charge" means one of the following:
146.903(1)(e)1.
1. For a health care provider, the amount the health care provider charged, before any discount or contractual rate applicable to certain patients or payers was applied, during the first 2 calendar quarters of the most recently completed calendar year, as calculated by arranging the charges in that reporting period from highest to lowest and selecting the middle charge in the sequence or, for an even number of charges, selecting the 2 middle charges in the sequence and calculating the average of the 2.
146.903(1)(e)2.
2. For a hospital, the amount the hospital charged, before any discount or contractual rate applicable to certain patients or payers was applied, during the 4 calendar quarters for which the hospital most recently reported data under
ch. 153, as calculated by arranging the charges in the reporting period from highest to lowest and selecting the middle charge in the sequence or, for an even number of charges, selecting the 2 middle charges in the sequence and calculating the average of the 2.
146.903(1)(g)
(g) "Public information" means information that any person may access from a health care information organization, regardless of whether the organization charges a fee for the information.
146.903(2)(a)2.
2. For each type of health care provider, annually identify the 25 presenting conditions for which that type of health care provider most frequently provides health care services.
146.903(2)(a)3.
3. Prescribe the methods by which health care providers shall calculate and present median billed charges and Medicare and private 3rd-party payer payments under
sub. (3) (b).
146.903(2)(b)
(b) In performing the duties under
par. (a), the department shall consult with organizations in this state that do all of the following:
