146.903(5)(a)
(a) Whoever violates sub.
(3) or
(4) may be required to forfeit not more than $250 for each violation.
146.903(5)(b)
(b) The department may directly assess forfeitures provided for under par.
(a). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the alleged violator. The notice shall specify the amount of the forfeiture assessed, the violation, and the statute or rule alleged to have been violated, and shall inform the alleged violator of the right to a hearing under par.
(c).
146.903(5)(c)
(c) An alleged violator may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under par.
(b), a written request for a hearing under s.
227.44 to the division of hearings and appeals created under s.
15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s.
227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch.
227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.
146.903(5)(d)
(d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par.
(c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund.
146.903(5)(e)
(e) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this subsection if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action is whether the forfeiture has been paid.
146.903 History
History: 2009 a. 146.
146.905
146.905
Reduction in fees prohibited. 146.905(1)(1)
Except as provided in sub.
(2), a health care provider, as defined in s.
146.81 (1) (a) to
(p), that provides a service or a product to an individual with coverage under a disability insurance policy, as defined in s.
632.895 (1) (a), may not reduce or eliminate or offer to reduce or eliminate coinsurance or a deductible required under the terms of the disability insurance policy.
146.905(2)
(2) Subsection
(1) does not apply if payment of the total fee would impose an undue financial hardship on the individual receiving the service or product.
146.91
146.91
Long-term care insurance. 146.91(1)(1)
In this section, “long-term care insurance" means insurance that provides coverage both for an extended stay in a nursing home and home health services for a person with a chronic condition. The insurance may also provide coverage for other services that assist the insured person in living outside a nursing home including but not limited to adult day care and continuing care retirement communities.
146.91(2)
(2) The department, with the advice of the council on long-term care insurance, the office of the commissioner of insurance, the board on aging and long-term care and the department of employee trust funds, shall design a program that includes the following:
146.91(2)(a)
(a) Subsidizing premiums for persons purchasing long-term care insurance, based on the purchasers' ability to pay.
146.91(2)(b)
(b) Reinsuring by the state of policies issued in this state by long-term care insurers.
146.91(3)
(3) The department shall collect any data on health care costs and utilization that the department determines to be necessary to design the program under sub.
(2).
146.91(6)
(6) The department, with the advice of the council on long-term care insurance, may examine use of tax incentives for the sale and purchase of long-term care insurance.
146.95
146.95
Patient visitation. 146.95(2)(a)
(a) Any individual who is 18 years of age or older may identify to a health care provider at an inpatient health care facility at any time, either orally or in writing, those persons with whom the individual wishes to visit while the individual is a patient at the inpatient health care facility. Except as provided in par.
(b), no inpatient health care facility may deny visitation during the inpatient health care facility's regular visiting hours to any person identified by the individual.
146.95(2)(b)
(b) Subject to s.
51.61 for a treatment facility, an inpatient health care facility may deny visitation with a patient to any person if any of the following applies:
146.95(2)(b)1.
1. The inpatient health care facility or a health care provider determines that the patient may not receive any visitors.
146.95(2)(b)2.
2. The inpatient health care facility or a health care provider determines that the presence of the person would endanger the health or safety of the patient.
146.95(2)(b)3.
3. The inpatient health care facility determines that the presence of the person would interfere with the primary operations of the inpatient health care facility.
146.95(2)(b)4.
4. The patient has subsequently expressed in writing to a health care provider at the inpatient health care facility that the patient no longer wishes to visit with the person. Unless subd.
2. applies, an inpatient health care facility may not under this subdivision deny visitation to the person based on a claim by someone other than a health care provider that the patient has orally expressed that the patient no longer wishes to visit with that person.
146.95 History
History: 1997 a. 153.
146.96
146.96
Uniform claim processing form. Beginning no later than July 1, 2004, every health care provider, as defined in s.
146.81 (1) (a) to
(p), shall use the uniform claim processing form developed by the commissioner of insurance under s.
601.41 (9) (b) when submitting a claim to an insurer.
146.96 History
History: 2001 a. 109;
2009 a. 28.
146.997
146.997
Health care worker protection. 146.997(1)(a)
(a) “Department" means the department of workforce development.
146.997(1)(c)
(c) “Health care facility" means a facility, as defined in s.
647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex or other place licensed or approved by the department of health services under s.
49.70,
49.71,
49.72,
50.03,
50.35,
51.08 or
51.09 or a facility under s.
45.50,
51.05,
51.06,
233.40,
233.41,
233.42 or
252.10.
146.997(1)(d)
(d) “Health care provider" means any of the following:
146.997(1)(d)4.
4. A physician, podiatrist, perfusionist, physical therapist, or physical therapist assistant licensed under ch.
448.
146.997(1)(d)5.
5. An occupational therapist, occupational therapy assistant, physician assistant or respiratory care practitioner certified under ch.
448.
146.997(1)(d)11.
11. A social worker, marriage and family therapist or professional counselor certified under ch.
457.
146.997(1)(d)12.
12. 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.
146.997(1)(d)16.
16. A corporation or limited liability company of any providers specified under subds.
1. to
14. that provides health care services.
146.997(1)(d)17.
17. A cooperative health care association organized under s.
185.981 that directly provides services through salaried employees in its own facility.
146.997(2)(a)
(a) Any employee of a health care facility or of a health care provider who is aware of any information, the disclosure of which is not expressly prohibited by any state law or rule or any federal law or regulation, that would lead a reasonable person to believe any of the following may report that information to any agency, as defined in s.
111.32 (6) (a), of the state; to any professionally recognized accrediting or standard-setting body that has accredited, certified or otherwise approved the health care facility or health care provider; to any officer or director of the health care facility or health care provider; or to any employee of the health care facility or health care provider who is in a supervisory capacity or in a position to take corrective action:
146.997(2)(a)1.
1. That the health care facility or health care provider or any employee of the health care facility or health care provider has violated any state law or rule or federal law or regulation.
146.997(2)(a)2.
2. That there exists any situation in which the quality of any health care service provided by the health care facility or health care provider or by any employee of the health care facility or health care provider violates any standard established by any state law or rule or federal law or regulation or any clinical or ethical standard established by a professionally recognized accrediting or standard-setting body and poses a potential risk to public health or safety.
146.997(2)(b)
(b) An agency or accrediting or standard-setting body that receives a report under par.
(a) shall, within 5 days after receiving the report, notify the health care facility or health provider that is the subject of the report, in writing, that a report alleging a violation specified in par.
(a) 1. or
2. has been received and provide the health care facility or health care provider with a written summary of the contents of the report, unless the agency, or accrediting or standard-setting body determines that providing that notification and summary would jeopardize an ongoing investigation of a violation alleged in the report. The notification and summary may not disclose the identity of the person who made the report.
146.997(2)(c)
(c) Any employee of a health care facility or health care provider may initiate, participate in or testify in any action or proceeding in which a violation specified in par.
(a) 1. or
2. is alleged.
146.997(2)(d)
(d) Any employee of a health care facility or health care provider may provide any information relating to an alleged violation specified in par.
(a) 1. or
2. to any legislator or legislative committee.
146.997(3)(a)
(a) No health care facility or health care provider and no employee of a health care facility or health care provider may take disciplinary action against, or threaten to take disciplinary action against, any person because the person reported in good faith any information under sub.
(2) (a), in good faith initiated, participated in or testified in any action or proceeding under sub.
(2) (c) or provided in good faith any information under sub.
(2) (d) or because the health care facility, health care provider or employee believes that the person reported in good faith any information under sub.
(2) (a), in good faith initiated, participated in or testified in any action or proceeding under sub.
(2) (c) or provided in good faith any information under sub.
(2) (d).
146.997(3)(b)
(b) No health care facility or health care provider and no employee of a health care facility or health care provider may take disciplinary action against, or threaten to take disciplinary action against, any person on whose behalf another person reported in good faith any information under sub.
(2) (a), in good faith initiated, participated in or testified in any action or proceeding under sub.
(2) (c) or provided in good faith any information under sub.
(2) (d) or because the health care facility, health care provider or employee believes that another person reported in good faith any information under sub.
(2) (a), in good faith initiated, participated in or testified in any action or proceeding under sub.
(2) (c) or provided in good faith any information under sub.
(2) (d) on that person's behalf.
146.997(3)(c)
(c) For purposes of pars.
(a) and
(b), an employee is not acting in good faith if the employee reports any information under sub.
(2) (a) that the employee knows or should know is false or misleading, initiates, participates in or testifies in any action or proceeding under sub.
(2) (c) based on information that the employee knows or should know is false or misleading or provides any information under sub.
(2) (d) that the employee knows or should know is false or misleading.
146.997(4)(a)
(a) Any employee of a health care facility or health care provider who is subjected to disciplinary action, or who is threatened with disciplinary action, in violation of sub.
(3) may file a complaint with the department under s.
106.54 (6). If the department finds that a violation of sub.
(3) has been committed, the department may take such action under s.
111.39 as will effectuate the purpose of this section.
146.997(5)
(5) Civil penalty. Any health care facility or health care provider and any employee of a health care facility or health care provider who takes disciplinary action against, or who threatens to take disciplinary action against, any person in violation of sub.
(3) may be required to forfeit not more than $1,000 for a first violation, not more than $5,000 for a violation committed within 12 months of a previous violation and not more than $10,000 for a violation committed within 12 months of 2 or more previous violations. The 12-month period shall be measured by using the dates of the violations that resulted in convictions.
146.997(6)
(6) Posting of notice. Each health care facility and health care provider shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights under this section. Any health care facility or health care provider that violates this subsection shall forfeit not more than $100 for each offense.
146.997 Annotation
This section applies only to employees, a category that does not include interns who do not receive compensation or tangible benefits. Because the plaintiff received no compensation or tangible benefits, she was not an employee of the defendant and was not entitled to anti-retaliation protection under sub. (3) (a). Masri v. State of Wisconsin Labor and Industry Review,
2014 WI 81,
356 Wis. 2d 405,
850 N.W.2d 298,
12-1047.
146.997 Annotation
Wisconsin Health Care Workers: Whistleblowers Protection. Neuser. Wis. Law. March 2004.
