252.15(8)(a)(a) Any person violating sub.
(2m),
(3m) (b),
(d), or
(f),
(5m),
(6) or
(7) (c) is liable to the subject of the test for actual damages, costs and reasonable actual attorney fees, plus exemplary damages of up to $2,000 for a negligent violation and up to $50,000 for an intentional violation.
252.15(8)(b)
(b) The plaintiff in an action under par.
(a) has the burden of proving by a preponderance of the evidence that a violation occurred under sub.
(2m),
(3m) (b),
(d), or
(f),
(5m),
(6) or
(7) (c). A conviction under sub.
(2m),
(3m) (b),
(d), or
(f),
(5m),
(6) or
(7) (c) is not a condition precedent to bringing an action under par.
(a).
252.15(9)
(9)
Penalties. Whoever intentionally discloses the results of an HIV test in violation of sub.
(3m) (b) or
(f) or
(5m) and thereby causes bodily harm or psychological harm to the subject of the HIV test may be fined not more than $50,000 or imprisoned not more than 9 months or both. Whoever negligently discloses the results of an HIV test in violation of sub.
(3m) (b) or
(f) or
(5m) is subject to a forfeiture of not more than $2,000 for each violation. Whoever intentionally discloses the results of an HIV test in violation of sub.
(3m) (b) or
(f) or
(5m), knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $200,000 or imprisoned not more than 3 years and 6 months, or both.
252.15(10)
(10)
Discipline of employees. Any employee of the state or a political subdivision of the state who violates this section may be discharged or suspended without pay.
252.15 History
History: 1985 a. 29,
73,
120;
1987 a. 70 ss.
13 to
27,
36;
1987 a. 403 ss.
136,
256;
1989 a. 200;
1989 a. 201 ss.
11 to
25,
36;
1989 a. 298,
359;
1991 a. 269;
1993 a. 16 s.
2567;
1993 a. 27 ss.
332,
334,
337,
340,
342; Stats. 1993 s. 252.15;
1993 a. 32,
183,
190,
252,
395,
491;
1995 a. 27 ss.
6323,
9116 (5),
9126 (19);
1995 a. 77,
275;
1997 a. 54,
80,
156,
188;
1999 a. 9,
32,
79,
151,
162,
188;
2001 a. 38,
59,
69,
74,
103,
105;
2003 a. 271;
2005 a. 155,
187,
266,
344,
387;
2007 a. 97,
106,
130;
2009 a. 28,
209,
302,
355;
2011 a. 32;
2011 a. 260 ss.
42 to
44,
81;
2013 a. 334;
2015 a. 197 s.
51;
2017 a. 12.
252.15 Annotation
No claim for a violation of former s. 146.025, 1987 stats., was stated when the defendants neither conducted HIV tests nor were authorized recipients of the test results. Hillman v. Columbia County,
164 Wis. 2d 376,
474 N.W.2d 913 (Ct. App. 1991).
252.15 Annotation
This section does not prevent a court acting in equity from ordering an HIV test where this section does not apply. Syring v. Tucker,
174 Wis. 2d 787,
498 N.W.2d 370 (1993).
252.15 Annotation
This section has no bearing on a case in which a letter from the plaintiff to the defendant pharmacy contained a reference to a drug used only to treat AIDS, but did not disclose the results of an HIV test or directly disclose that the defendant had AIDS. Doe v. American Stores Co.,
74 F. Supp. 2d 855 (1999).
252.15 Annotation
Confidentiality of Medical Records. Meili. Wis. Law. Feb. 1995.
252.15 Annotation
HIV Confidentiality: Who Has the Right to Know? Krimmer. Wis. Law. Feb. 2003.
252.15 Annotation
New Federal Privacy Rule for Health Care Providers, Part II: Balancing Federal and Wisconsin Medical Privacy Laws. Hartin. Wis. Law. June 2003.
252.16
252.16
Health insurance premium subsidies. 252.16(1)(ar)
(ar) “Dependent" means a spouse or domestic partner under ch.
770, an unmarried child under the age of 19 years, an unmarried child who is a full-time student under the age of 21 years and who is financially dependent upon the parent, or an unmarried child of any age who is medically certified as disabled and who is dependent upon the parent.
252.16(1)(b)
(b) “Group health plan" means an insurance policy or a partially or wholly uninsured plan or program, that provides hospital, medical or other health coverage to members of a group, whether or not dependents of the members are also covered. The term includes a medicare supplement policy, as defined in s.
600.03 (28r), but does not include a medicare replacement policy, as defined in s.
600.03 (28p), or a long-term care insurance policy, as defined in s.
600.03 (28g).
252.16(1)(c)
(c) “Individual health policy" means an insurance policy or a partially or wholly uninsured plan or program, that provides hospital, medical or other health coverage to an individual on an individual basis and not as a member of a group, whether or not dependents of the individual are also covered. The term includes a medicare supplement policy, as defined in s.
600.03 (28r), but does not include a medicare replacement policy, as defined in s.
600.03 (28p), or a long-term care insurance policy, as defined in s.
600.03 (28g).
252.16(1)(e)
(e) “Residence" means the concurrence of physical presence with intent to remain in a place of fixed habitation. Physical presence is prima facie evidence of intent to remain.
252.16(2)
(2)
Subsidy program. From the appropriation account under s.
20.435 (1) (am), the department shall distribute funding in each fiscal year to subsidize the premium costs under s.
252.17 (2) and, under this subsection, the premium costs for health insurance coverage available to an individual who has HIV infection and who is unable to continue his or her employment or must reduce his or her hours because of an illness or medical condition arising from or related to HIV infection.
252.16(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:
252.16(3)(b)
(b) Has a family income, as defined by rule under sub.
(6), that does not exceed 300 percent of the federal poverty line, as defined under
42 USC 9902 (2), for a family the size of the individual's family.
252.16(3)(c)
(c) Has submitted to the department a certification from a physician, as defined in s.
448.01 (5), physician assistant, or advanced practice nurse prescriber of all of the following:
252.16(3)(c)1.
1. That the individual has an infection that is an HIV infection.
252.16(3)(c)2.
2. That the individual's employment has terminated or his or her hours have been reduced, because of an illness or medical condition arising from or related to the individual's HIV infection.
252.16(3)(dm)
(dm) Has, or is eligible for, health insurance coverage under a group health plan or an individual health policy.
252.16(3)(e)
(e) Authorizes the department, in writing, to do all of the following:
252.16(3)(e)1.
1. Contact the individual's employer or former employer or health insurer to verify the individual's eligibility for coverage under the group health plan or individual health policy 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.
252.16(3)(e)1m.
1m. Contact the individual's employer or former employer to verify that the individual's employment has been terminated or that his or her hours have been reduced and for other purposes related to the administration of this section.
252.16(3)(e)2.
2. Make any necessary disclosure to the individual's employer or former employer or health insurer regarding the individual's HIV status.
252.16(4)(a)
(a) Except as provided in pars.
(b) and
(d), if an individual satisfies sub.
(3), the department shall pay the full amount of each premium payment for the individual's health insurance coverage under the group health plan or individual health policy under sub.
(3) (dm), on or after the date on which the individual becomes eligible for a subsidy under sub.
(3). Except as provided in pars.
(b) and
(d), the department shall pay the full amount of each premium payment regardless of whether the individual's health insurance coverage under sub.
(3) (dm) includes coverage of the individual's dependents. Except as provided in par.
(b), the department shall terminate the payments under this section when the individual's health insurance coverage ceases or when the individual no longer satisfies sub.
(3), whichever occurs first. The department may not make payments under this section for premiums for medicare, except for premiums for coverage for part D of Title XVIII of the federal Social Security Act,
42 USC 1395 to
1395hhh.
252.16(4)(b)
(b) The obligation of the department to make payments under this section is subject to the availability of funds in the appropriation account under s.
20.435 (1) (am).
252.16(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 percent but does not exceed 300 percent 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 health insurance coverage. 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 health insurance coverage under sub.
(3) (dm) includes coverage of the individual's dependents.
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 percent but does not exceed 300 percent 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.
DHS 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, 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 percent 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), physician assistant, 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 or domestic partner under ch.
770 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 or domestic partner under ch.
770 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 account under s.
20.435 (1) (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 percent but does not exceed 300 percent 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 or domestic partner under ch.
770 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 percent but does not exceed 300 percent 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.
DHS 138, Wis. adm. code.
252.185
252.185
Communicable disease control and prevention. 252.185(1)(1)
From the appropriation under s.
20.435 (1) (cf), the department shall distribute moneys to local health departments to use for disease surveillance, contact tracing, staff development and training, improving communication among health care professionals, public education and outreach, and other infection control measures as required under this chapter. The department shall consider the following factors to establish an equitable allocation formula for the distribution of moneys under this section:
252.185(1)(a)
(a) Base allocation, including at least some base amount for each local health department.
252.185(1)(e)
(e) Geographic area, including consideration of the size of the service area or the density of population, or both.
252.185(2)
(2) By January 1, 2019, and biennially thereafter, each local health department shall submit to the division of the department that addresses public health issues a financial statement of its use of funds under this section.
252.185 History
History: 2017 a. 59.
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 child 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.
