146.84(2)(b)
(b) Whoever negligently discloses confidential information in violation of s.
146.82 is subject to a forfeiture of not more than $1,000 for each violation.
146.84(2)(c)
(c) Whoever intentionally discloses confidential information in violation of s.
146.82, knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 or imprisoned not more than 3 years and 6 months, or both.
146.84(3)
(3)
Discipline of employees. Any person employed by the state or any political subdivision of the state who violates s.
146.82 or
146.83, except a health care provider that negligently violates s.
153.50 (6) (c), may be discharged or suspended without pay.
146.84(4)
(4)
Exceptions. This section does not apply to any of the following:
146.84(4)(a)
(a) Violations by a nursing facility, as defined under s.
49.498 (1) (i), of the right of a resident of the nursing facility to confidentiality of his or her patient health care records.
146.84(4)(b)
(b) Violations by a nursing home, as defined under s.
50.01 (3), of the right of a resident of the nursing home to confidentiality of his or her patient health care records.
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.
146.84 Annotation
Sub. (1) (c) specifies that only “an individual" may sue to enjoin a violation of s. 146.82 or 146.83. Not only do the provisions in ss. 146.82 to 146.84 not create a right to enjoin the planned release of records for entities such as the plaintiff business trade associations' member businesses, they expressly exclude them from that right by categorically identifying who may be a potential plaintiff. Wisconsin Manufacturers & Commerce v. Evers,
2021 WI App 35,
398 Wis. 2d 165,
960 N.W.2d 442,
20-2081.
146.84 Annotation
In this case, the plaintiff business trade associations contended that the legally protectable interests shared by their member businesses was that the member businesses were “persons" that could sue for damages under sub. (1) (b) and (bm) based on purported violations of the rights of the employees of the member businesses to the confidentiality of the employees' health care records under s. 146.82 or 146.83. However, the alleged harm to the reputations of the businesses could not constitute an injury contemplated by these statutes because the statutes are focused on individual patients and their health care records. There is an obvious disconnect between any purported rights of the businesses and the protected rights of individual employees of the businesses. Wisconsin Manufacturers & Commerce v. Evers,
2021 WI App 35,
398 Wis. 2d 165,
960 N.W.2d 442,
20-2081.
146.84 Annotation
Sub. (1) (b) provides that “any person" may be held liable for knowingly and willfully violating the provisions of s. 146.83. However, the text of s. 146.83 (3f) (b) regulates only those charges made by health care providers. Therefore, only a health care provider that charges more than the fees permissible under s. 146.83 (3f) (b) would fall within the parameters of both sub. (1) (b) and s. 146.83 (3f) (b). Although sub. (1) (b) refers to “any person," it is not an enforcement mechanism solely for s. 146.83. It also relates to violations of other statutes. Townsend v. ChartSwap, LLC,
2021 WI 86,
399 Wis. 2d 599,
967 N.W.2d 21,
19-2034.
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, naturopathic doctor under ch.
466, 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 subch.
IX of 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 Note
NOTE: Subd. 1. is shown as amended by
2021 Wis. Acts 23 and
130 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The cross-reference to subch. IX of ch. 448 was changed from subch. VIII of ch. 448 by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of subch. VIII of ch. 448.
Effective date note
NOTE: Subd. 4. is shown as amended eff. 1-1-23 by
2021 Wis. Act 100. Prior to 1-1-23 it reads:
Effective date text
4. An individual who performs functions described for pharmacy technicians in rules promulgated by the pharmacy examining board.
146.89(1)(r)5.
5. An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual who is described in subds.
1. to
4., except a dentist or dental hygienist, is licensed or certified to perform and who performs acts that are within the scope of that license, certification, or registration.
146.89(1)(r)7.
7. A marriage and family therapist who is licensed under ch.
457 or a professional counselor who is licensed under ch.
457.
146.89(2)(a)(a) Subject to par.
(am), 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 and the 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 shall provide application forms for use under this paragraph.
146.89(2)(am)1.1. A volunteer health care provider described in sub.
(1) (r) 5. may submit a joint application only with a nonprofit agency to participate under this section.
146.89(2)(am)2.
2. No volunteer health care provider described in sub.
(1) (r) 5. may provide services under this section for more than 60 days in any 90 day period.
146.89(2)(b)
(b) The department may send an application to the medical examining board for evaluation. The medical examining board shall evaluate any application submitted by the department and return the application to the department with the board's recommendation regarding approval.
146.89(2)(br)
(br) The department may not disapprove the application solely on the basis that the nonprofit agency is organized under the laws of a state other than this state.
146.89(2)(c)
(c) The department 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. The department may withdraw approval of an application for failure of the nonprofit agency to comply with this section. 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. The department shall provide renewal application forms that are developed by the department 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(2)(e)
(e) The volunteer health care provider shall maintain his or her credentials for his or her health care profession when providing any services under this section.
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.
(3g) or
(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 tooth extractions and other procedures done under local anesthesia only 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)(b)9.
9. Any outpatient surgery that is permitted under the volunteer health care provider's license under sub.
(1) (r) 1. and for which the provider has the necessary training, experience, equipment, and facilities.
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(3)(e)
(e) Under this section, the nonprofit agency shall assume responsibility for approving individuals to be volunteer health care providers.
146.89(3)(f)
(f) Under this section, the nonprofit agency shall research and validate an individual's credentials before submitting the joint application to be a volunteer health care provider.
146.89(3)(g)
(g) The nonprofit agency shall enter the list of volunteer health care providers providing services at that nonprofit agency into an online, electronic system developed by the department of administration.
146.89(3)(h)
(h) The nonprofit agency shall monitor volunteer health care providers providing services at that nonprofit agency and shall terminate a provider's participation in the program under this section with that nonprofit agency when the agency questions the credentials of that provider or when the agency disapproves of the practices of that provider.
146.89(3)(j)
(j) The nonprofit agency shall prepare and submit to the department an annual report that includes the types and number of health care services provided by the nonprofit agency under this section.
146.89(3g)
(3g) A nonprofit agency and volunteer health care providers providing services at the nonprofit agency that provide services to persons who are recipients of Medical Assistance may participate in the program under this section if the Medical Assistance recipients served are primarily homeless individuals, as self-reported.
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:
