146.63 History
History: 2013 a. 20.
146.64
146.64
Grants to support graduate medical training programs. 146.64(1)(1)
Definition. In this section, “hospital" has the meaning given under
s. 50.33 (2).
146.64(2)(a)(a) Subject to
par. (c) and
sub. (4), the department shall distribute grants to hospitals to fund the addition of positions to existing accredited graduate medical training programs. The department shall distribute the grants under this paragraph to hospitals that apply to receive a grant under
sub. (3) and that satisfy the criteria established by the department under
par. (b) and the eligibility requirement under
sub. (4).
146.64(2)(b)
(b) The department shall establish criteria for approving and distributing grants under
par. (a).
146.64(2)(c)1.1. The department shall distribute funds for grants under
par. (a) from the appropriation under
s. 20.435 (4) (b). The department may not distribute more than $225,000 from the appropriation under
s. 20.435 (4) (b) to a particular hospital in a given state fiscal year and may not distribute more than $75,000 from the appropriation under
s. 20.435 (4) (b) to fund a given position in a graduate medical training program in a given state fiscal year.
146.64(2)(c)2.
2. If the department receives matching federal medical assistance funds, the department shall distribute those funds for grants under
par. (a) in addition to any funds distributed under
subd. 1.
146.64(2)(d)
(d) The department shall seek federal medical assistance funds to match the grants distributed under
par. (a). If the department receives those funds, the department shall distribute them as provided in
par. (c) 2.
146.64(3)
(3) Grant application. A hospital may apply, in the form and manner determined by the department, to receive a grant under
sub. (2) (a).
146.64(4)
(4) Eligibility. A hospital that has an accredited graduate medical training program in any of the following specialties may apply to receive a grant under
sub. (3):
146.64 History
History: 2013 a. 20.
146.65
146.65
Rural health dental clinics. 146.65(1)
(1) From the appropriation account under
s. 20.435 (1) (dm), the department shall distribute moneys as follows:
146.65(1)(a)
(a) In each fiscal year, not more than $232,000, to the rural health dental clinic located in Ladysmith that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Rusk, Price, Taylor, Sawyer, and Chippewa.
146.65(1)(b)
(b) In each fiscal year, not more than $355,600, to the rural health dental clinic located in Menomonie that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Barron, Chippewa, Dunn, Pepin, Pierce, Polk, and St. Croix.
146.65(1)(c)
(c) In each fiscal year, not more than $400,000, to a rural health clinic in Chippewa Falls to provide dental services to persons who are developmentally disabled or elderly or who have low income, in the area surrounding Chippewa Falls, including the counties of Chippewa, Dunn, Barron, Taylor, Clark, and Eau Claire.
146.65(2)
(2) The department shall also seek federal funding to support the operations of the rural health dental clinics under
sub. (1).
146.66
146.66
Low-income dental clinics. 146.66(1)
(1) From the appropriation account under
s. 20.435 (1) (dk), in each fiscal year, the department shall award grants to no fewer than 9 nonprofit dental clinics that meet the eligibility requirements under
sub. (2) and are located in this state.
146.66(2)
(2) To be eligible for a grant under
sub. (1), a nonprofit dental clinic must satisfy all of the following requirements:
146.66(2)(b)
(b) The clinic's primary purpose is to provide dental care to low-income patients, which may include any of the following individuals:
146.66(3)
(3) The department shall seek federal funding to support the operations of dental clinics that receive grants under
sub. (1) and shall request that the federal department of health and human services encourage collaborative arrangements between private dentists and health centers that receive federal funds under
42 USC 254b.
146.66 History
History: 2011 a. 32.
146.68
146.68
Grant for colposcopies and other services. From the appropriation account under
s. 20.435 (1) (dg), the department shall provide $75,000 in each fiscal year to an entity that satisfies the following criteria to provide colposcopic examinations and to provide services to medical assistance recipients or persons who are eligible for medical assistance:
146.68(1)
(1) The entity is located in the western or northern public health region of the state, as determined by the department.
146.68(2)
(2) The entity provides Papanicolaou tests, and at least 50 percent of the persons for whom the entity provides Papanicolaou tests are recipients of medical assistance or are eligible for medical assistance.
146.68 History
History: 2007 a. 20;
2009 a. 28.
146.71
146.71
Determination of death. An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards.
146.71 History
History: 1981 c. 134.
146.71 Annotation
To determine whether an infant was “born alive" under s. 939.22 (16) for purposes of the homicide laws, courts apply s. 146.71. State v. Cornelius,
152 Wis. 2d 272,
448 N.W.2d 434 (Ct. App. 1989).
146.81(1)
(1) “Health care provider" means any of the following:
146.81(1)(d)
(d) A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under
subch. II of ch. 448.
146.81(1)(hg)
(hg) A social worker, marriage and family therapist, or professional counselor certified or licensed under
ch. 457.
146.81(1)(hm)
(hm) A speech-language pathologist or audiologist licensed under
subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.
146.81(1)(hp)
(hp) A massage therapist or bodywork therapist licensed under
ch. 460.
146.81(1)(j)
(j) A corporation or limited liability company of any providers specified under
pars. (a) to
(hp) that provides health care services.
146.81(1)(k)
(k) A cooperative health care association organized under
s. 185.981 that directly provides services through salaried employees in its own facility.
146.81(2)
(2) “Informed consent" means written consent to the disclosure of information from patient health care records to an individual, agency or organization that includes all of the following:
146.81(2)(a)
(a) The name of the patient whose record is being disclosed.
146.81(2)(c)
(c) The types of health care providers making the disclosure.
146.81(2)(d)
(d) The purpose of the disclosure such as whether the disclosure is for further medical care, for an application for insurance, to obtain payment of an insurance claim, for a disability determination, for a vocational rehabilitation evaluation, for a legal investigation or for other specified purposes.
146.81(2)(e)
(e) The individual, agency or organization to which disclosure may be made.
146.81(2)(f)
(f) The signature of the patient or the person authorized by the patient and, if signed by a person authorized by the patient, the relationship of that person to the patient or the authority of the person.
146.81(2)(h)
(h) The time period during which the consent is effective.
146.81(3)
(3) “Patient" means a person who receives health care services from a health care provider.
146.81(4)
(4) “Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider; and all records made by an ambulance service provider, as defined in
s. 256.01 (3), an emergency medical technician, as defined in
s. 256.01 (5), or a first responder, as defined in
s. 256.01 (9), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. “Patient health care records" includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under
s. 302.388 (2). “Patient health care records" does not include those records subject to
s. 51.30, reports collected under
s. 69.186, records of tests administered under
s. 252.15 (5g) or
(5j),
343.305,
938.296 (4) or
(5) or
968.38 (4) or
(5), records related to sales of pseudoephedrine products, as defined in
s. 961.01 (20c), that are maintained by pharmacies under
s. 961.235, fetal monitor tracings, as defined under
s. 146.817 (1), or a pupil's physical health records maintained by a school under
s. 118.125.
146.81(5)
(5) “Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in
s. 48.02 (8) and
(11), the person vested with supervision of the child under
s. 938.183 or
938.34 (4d),
(4h),
(4m), or
(4n), the guardian of a patient adjudicated incompetent in this state, the personal representative, spouse, or domestic partner under
ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under
ch. 155 if the patient has been found to be incapacitated under
s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, “person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in
s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.
146.81 History
History: 1979 c. 221;
1981 c. 39 s.
22;
1983 a. 27;
1983 a. 189 s.
329 (1);
1983 a. 535;
1985 a. 315;
1987 a. 27,
70,
264;
1987 a. 399 ss.
403br,
491r;
1987 a. 403;
1989 a. 31,
168,
199,
200,
229,
316,
359;
1991 a. 39,
160,
269;
1993 a. 27,
32,
105,
112,
183,
385,
443,
496;
1995 a. 27 s.
9145 (1);
1995 a. 77,
98,
352;
1997 a. 27,
67,
75,
156,
175;
1999 a. 9,
32,
151,
180,
188;
2001 a. 38,
70,
74,
80,
89;
2005 a. 262,
387;
2007 a. 108;
2009 a. 28,
165,
209,
355;
2015 a. 195 s.
83;
2015 a. 265.
146.81 Annotation
A letter written by a person not licensed as a health care provider under sub. (1) was not a record under sub. (4) prepared under the supervision of a health care provider under sub. (1) (j) when the person was employed by a corporation that employed health care professionals but the corporation's shareholders were not health care providers. Hart v. Bennet,
2003 WI App 231,
267 Wis. 2d 919,
672 N.W.2d 306,
02-2993.
146.81 Annotation
When a health care provider denied access to records on the ground that the patient was possibly incompetent to consent to the release of the records, it was obligated under sub. (5) to petition for a temporary guardian for the patient. Szymczak v. Terrace at St. Francis,
2006 WI App 3,
289 Wis. 2d 110,
709 N.W.2d 103,
04-2067.
146.81 Annotation
“Person authorized by the patient" in sub. (5) means a person who has been authorized to consent to the release of a patient's health care records in place of the patient. This definition did not include the plaintiff's attorney because it does not include an attorney who only has a HIPAA release from his or her client that allows the attorney to obtain a copy of the client's medical records, but it does not give that attorney the power to consent to the release of the client's confidential health care records. Moya v. Healthport Technologies, LLC,
2016 WI App 5,
366 Wis. 2d 541,
874 N.W.2d 336,
14-2236.
