Amendment ASA1-AB75

AB75-ASA1, s. 2433h Section 2433h. 146.83 (1k) of the statutes is created to read:

AB75-ASA1,1295,11 146.83 (1k) (a) Upon the request of the person requesting copies of patient health care records under sub. (1f) or (1h), the health care provider shall provide the copies in a digital or electronic format unless the health care provider's record system does not provide for the creation or transmission of records in a digital or electronic format, in which case the health care provider shall provide the person a written explanation for why the copies cannot be provided in a digital or electronic format. The health care provider may include the written explanation with the production of paper copies of the records if the person chooses to receive paper copies.

AB75-ASA1,1295,13 (b) A health care provider may not charge a fee for the disc or other storage medium on which copies are provided in a digital or electronic format.

AB75-ASA1, s. 2433j Section 2433j. 146.83 (1m) (a) of the statutes is renumbered 146.83 (1m).

AB75-ASA1, s. 2433L Section 2433L. 146.83 (1m) (b) of the statutes is repealed.

AB75-ASA1, s. 2433n Section 2433n. 146.83 (3m) of the statutes is repealed.

AB75-ASA1, s. 2433p Section 2433p. 146.84 (2) (a) 1. of the statutes is amended to read:

AB75-ASA1,1295,19 146.84 (2) (a) 1. Requests or obtains confidential information under s. 146.82 or 146.83 (1) (1d), (1f), or (1h) under false pretenses.

AB75-ASA1, s. 2433r Section 2433r. 146.84 (2) (d), (e) and (f) of the statutes are created to read:

AB75-ASA1,1295,24 146.84 (2) (d) Any health care provider who does not allow inspection of patient health care records under s. 146.83 (1d) within 21 days after receiving notice from a patient or person authorized by the patient is subject to a forfeiture of $100, plus $10 for each day after 21 days that the health care provider does not allow inspection.

AB75-ASA1,1296,4 (e) Any health care provider who does not provide copies of patient health records requested under s. 146.83 (1f) (a) within 21 days after receiving the request is subject to a forfeiture of $100, plus $10 for each day after 21 days that the health care provider does not provide the copies.

AB75-ASA1,1296,10 (f) Any health care provider who does not provide a copy of an X-ray report or provide a copy of an X-ray to another health care provider within 30 days after a patient or person authorized by the patient makes a request for the X-ray report under s. 146.83 (1f) (b) is subject to a forfeiture of $100, plus $10 for each day after 30 days that the health care provider does not provide the copy of the report or provide the X-ray.

AB75-ASA1, s. 2433t Section 2433t. 146.905 (1) of the statutes is amended to read:

AB75-ASA1,1296,16 146.905 (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.

AB75-ASA1, s. 2433v Section 2433v. 146.96 of the statutes is amended to read:

AB75-ASA1,1296,21 146.96 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.

AB75-ASA1, s. 2433x Section 2433x. 146.98 of the statutes is created to read:

AB75-ASA1,1296,24 146.98 Ambulatory surgical center assessment. (1) In this section, "ambulatory surgical center" has the meaning given in 42 CFR 416.2.

AB75-ASA1,1297,6 (2) The department of revenue may impose an assessment on ambulatory surgical centers in this state that satisfies the requirements under 42 CFR 433.68 for collecting an assessment without incurring a reduction in federal financial participation under the federal Medicaid program. The department shall allocate any assessment imposed under this section among ambulatory surgical centers in proportion to their gross patient revenue.

AB75-ASA1,1297,7 (3) The department of revenue may do all of the following:

AB75-ASA1,1297,8 (a) Subject to sub. (2), determine the amount of assessment under this section.

AB75-ASA1,1297,10 (b) Collect assessments imposed under this section from ambulatory surgical centers.

AB75-ASA1,1297,13 (c) Require ambulatory surgical centers to provide the department of revenue any data that is required by the department of revenue to determine assessment amounts under this section.

AB75-ASA1,1297,15 (d) Establish deadlines by which ambulatory surgical centers shall pay assessments required under this section and provide data required under par. (c).

AB75-ASA1,1297,17 (e) Impose penalties on ambulatory surgical centers that do not comply with requirements under this section or rules promulgated under sub. (5).

AB75-ASA1,1297,19 (4) The department of revenue shall transfer 99.5 percent of the moneys collected under this section to the Medical Assistance trust fund.

AB75-ASA1,1297,21 (5) The department of revenue shall promulgate rules for the administration of the assessment under this section.

AB75-ASA1, s. 2434 Section 2434. 149.12 (2) (f) 2. h. of the statutes is created to read:

AB75-ASA1,1297,23 149.12 (2) (f) 2. h. Benefits under BadgerCare Plus under s. 49.471 (11).

AB75-ASA1, s. 2436n Section 2436n. 153.01 (4t) of the statutes is amended to read:

AB75-ASA1,1298,2 153.01 (4t) "Health care provider" has the meaning given in s. 146.81 (1) (a) to (p) and includes an ambulatory surgery center.

AB75-ASA1, s. 2437 Section 2437. 155.01 (12) of the statutes is repealed and recreated to read:

AB75-ASA1,1298,8 155.01 (12) "Relative" means an individual related by blood within the 3rd degree of kinship as computed under s. 990.001 (16); a spouse, domestic partner under ch. 770, or an individual related to a spouse or domestic partner within the 3rd degree as so computed; and includes an individual in an adoptive relationship within the 3rd degree.

AB75-ASA1, s. 2438 Section 2438. 155.10 (2) (a) of the statutes is amended to read:

AB75-ASA1,1298,11 155.10 (2) (a) Related to the principal by blood, marriage, or adoption, or the domestic partner under ch. 770 of the individual.

AB75-ASA1, s. 2439 Section 2439. 155.30 (1) (form) of the statutes is amended to read:

AB75-ASA1,1298,13 155.30 (1) (form)

AB75-ASA1,1298,14 "NOTICE TO PERSON

AB75-ASA1,1298,15 MAKING THIS DOCUMENT

AB75-ASA1,1298,19 YOU HAVE THE RIGHT TO MAKE DECISIONS ABOUT YOUR HEALTH CARE. NO HEALTH CARE MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND NECESSARY HEALTH CARE MAY NOT BE STOPPED OR WITHHELD IF YOU OBJECT.

AB75-ASA1,1298,25 BECAUSE YOUR HEALTH CARE PROVIDERS IN SOME CASES MAY NOT HAVE HAD THE OPPORTUNITY TO ESTABLISH A LONG-TERM RELATIONSHIP WITH YOU, THEY ARE OFTEN UNFAMILIAR WITH YOUR BELIEFS AND VALUES AND THE DETAILS OF YOUR FAMILY RELATIONSHIPS. THIS POSES A PROBLEM IF YOU BECOME PHYSICALLY OR MENTALLY UNABLE TO MAKE DECISIONS ABOUT YOUR HEALTH CARE.

AB75-ASA1,1299,13 IN ORDER TO AVOID THIS PROBLEM, YOU MAY SIGN THIS LEGAL DOCUMENT TO SPECIFY THE PERSON WHOM YOU WANT TO MAKE HEALTH CARE DECISIONS FOR YOU IF YOU ARE UNABLE TO MAKE THOSE DECISIONS PERSONALLY. THAT PERSON IS KNOWN AS YOUR HEALTH CARE AGENT. YOU SHOULD TAKE SOME TIME TO DISCUSS YOUR THOUGHTS AND BELIEFS ABOUT MEDICAL TREATMENT WITH THE PERSON OR PERSONS WHOM YOU HAVE SPECIFIED. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF HEALTH CARE THAT YOU DO OR DO NOT DESIRE, AND YOU MAY LIMIT THE AUTHORITY OF YOUR HEALTH CARE AGENT. IF YOUR HEALTH CARE AGENT IS UNAWARE OF YOUR DESIRES WITH RESPECT TO A PARTICULAR HEALTH CARE DECISION, HE OR SHE IS REQUIRED TO DETERMINE WHAT WOULD BE IN YOUR BEST INTERESTS IN MAKING THE DECISION.

AB75-ASA1,1300,2 THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GIVES YOUR AGENT BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU. IT REVOKES ANY PRIOR POWER OF ATTORNEY FOR HEALTH CARE THAT YOU MAY HAVE MADE. IF YOU WISH TO CHANGE YOUR POWER OF ATTORNEY FOR HEALTH CARE, YOU MAY REVOKE THIS DOCUMENT AT ANY TIME BY DESTROYING IT, BY DIRECTING ANOTHER PERSON TO DESTROY IT IN YOUR PRESENCE, BY SIGNING A WRITTEN AND DATED STATEMENT OR BY STATING THAT IT IS REVOKED IN THE PRESENCE OF TWO WITNESSES. IF YOU REVOKE, YOU SHOULD NOTIFY YOUR AGENT, YOUR HEALTH CARE PROVIDERS AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY. IF YOUR AGENT IS YOUR SPOUSE OR DOMESTIC PARTNER AND YOUR MARRIAGE IS ANNULLED OR YOU ARE DIVORCED OR THE DOMESTIC PARTNERSHIP IS TERMINATED AFTER SIGNING THIS DOCUMENT, THE DOCUMENT IS INVALID.

AB75-ASA1,1300,9 YOU MAY ALSO USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT UPON YOUR DEATH. IF YOU USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT, THIS DOCUMENT REVOKES ANY PRIOR RECORD OF GIFT THAT YOU MAY HAVE MADE. YOU MAY REVOKE OR CHANGE ANY ANATOMICAL GIFT THAT YOU MAKE BY THIS DOCUMENT BY CROSSING OUT THE ANATOMICAL GIFTS PROVISION IN THIS DOCUMENT.

AB75-ASA1,1300,11 DO NOT SIGN THIS DOCUMENT UNLESS YOU CLEARLY UNDERSTAND IT.

AB75-ASA1,1300,13 IT IS SUGGESTED THAT YOU KEEP THE ORIGINAL OF THIS DOCUMENT ON FILE WITH YOUR PHYSICIAN."

AB75-ASA1, s. 2440 Section 2440. 155.30 (3) (form) of the statutes is amended to read:

AB75-ASA1,1300,15 155.30 (3) (form)

AB75-ASA1,1300,16 POWER OF ATTORNEY FOR HEALTH CARE

AB75-ASA1,1300,17 Document made this.... day of.... (month),.... (year).

AB75-ASA1,1300,19 CREATION OF POWER OF ATTORNEY FOR HEALTH CARE

AB75-ASA1,1301,2 I,.... (print name, address and date of birth), being of sound mind, intend by this document to create a power of attorney for health care. My executing this power of attorney for health care is voluntary. Despite the creation of this power of attorney for health care, I expect to be fully informed about and allowed to participate in any health care decision for me, to the extent that I am able. For the purposes of this document, "health care decision" means an informed decision to accept, maintain, discontinue or refuse any care, treatment, service or procedure to maintain, diagnose or treat my physical or mental condition.

AB75-ASA1,1301,4 In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death.

AB75-ASA1,1301,5 DESIGNATION OF HEALTH CARE AGENT

AB75-ASA1,1301,20 If I am no longer able to make health care decisions for myself, due to my incapacity, I hereby designate.... (print name, address and telephone number) to be my health care agent for the purpose of making health care decisions on my behalf. If he or she is ever unable or unwilling to do so, I hereby designate.... (print name, address and telephone number) to be my alternate health care agent for the purpose of making health care decisions on my behalf. Neither my health care agent nor my alternate health care agent whom I have designated is my health care provider, an employee of my health care provider, an employee of a health care facility in which I am a patient or a spouse of any of those persons, unless he or she is also my relative. For purposes of this document, "incapacity" exists if 2 physicians or a physician and a psychologist who have personally examined me sign a statement that specifically expresses their opinion that I have a condition that means that I am unable to receive and evaluate information effectively or to communicate decisions to such an extent that I lack the capacity to manage my health care decisions. A copy of that statement must be attached to this document.

AB75-ASA1,1301,21 GENERAL STATEMENT OF AUTHORITY GRANTED

AB75-ASA1,1302,3 Unless I have specified otherwise in this document, if I ever have incapacity I instruct my health care provider to obtain the health care decision of my health care agent, if I need treatment, for all of my health care and treatment. I have discussed my desires thoroughly with my health care agent and believe that he or she understands my philosophy regarding the health care decisions I would make if I were able. I desire that my wishes be carried out through the authority given to my health care agent under this document.

AB75-ASA1,1302,12 If I am unable, due to my incapacity, to make a health care decision, my health care agent is instructed to make the health care decision for me, but my health care agent should try to discuss with me any specific proposed health care if I am able to communicate in any manner, including by blinking my eyes. If this communication cannot be made, my health care agent shall base his or her decision on any health care choices that I have expressed prior to the time of the decision. If I have not expressed a health care choice about the health care in question and communication cannot be made, my health care agent shall base his or her health care decision on what he or she believes to be in my best interest.

AB75-ASA1,1302,13 LIMITATIONS ON MENTAL HEALTH TREATMENT

AB75-ASA1,1302,18 My health care agent may not admit or commit me on an inpatient basis to an institution for mental diseases, an intermediate care facility for persons with mental retardation, a state treatment facility or a treatment facility. My health care agent may not consent to experimental mental health research or psychosurgery, electroconvulsive treatment or drastic mental health treatment procedures for me.

AB75-ASA1,1302,20 ADMISSION TO NURSING HOMES OR COMMUNITY-BASED RESIDENTIAL FACILITIES

AB75-ASA1,1302,22 My health care agent may admit me to a nursing home or community-based residential facility for short-term stays for recuperative care or respite care.

AB75-ASA1,1302,25 If I have checked "Yes" to the following, my health care agent may admit me for a purpose other than recuperative care or respite care, but if I have checked "No" to the following, my health care agent may not so admit me:

AB75-ASA1,1302,26 1. A nursing home — Yes.... No....

AB75-ASA1,1303,2 2. A community-based residential facility — Yes.... No....

AB75-ASA1,1303,4 If I have not checked either "Yes" or "No" immediately above, my health care agent may admit me only for short-term stays for recuperative care or respite care.

AB75-ASA1,1303,5 PROVISION OF A FEEDING TUBE

AB75-ASA1,1303,10 If I have checked "Yes" to the following, my health care agent may have a feeding tube withheld or withdrawn from me, unless my physician has advised that, in his or her professional judgment, this will cause me pain or will reduce my comfort. If I have checked "No" to the following, my health care agent may not have a feeding tube withheld or withdrawn from me.

AB75-ASA1,1303,13 My health care agent may not have orally ingested nutrition or hydration withheld or withdrawn from me unless provision of the nutrition or hydration is medically contraindicated.

AB75-ASA1,1303,14 Withhold or withdraw a feeding tube — Yes.... No....

AB75-ASA1,1303,16 If I have not checked either "Yes" or "No" immediately above, my health care agent may not have a feeding tube withdrawn from me.

AB75-ASA1,1303,18 HEALTH CARE DECISIONS FOR PREGNANT WOMEN

AB75-ASA1,1303,22 If I have checked "Yes" to the following, my health care agent may make health care decisions for me even if my agent knows I am pregnant. If I have checked "No" to the following, my health care agent may not make health care decisions for me if my health care agent knows I am pregnant.

AB75-ASA1,1303,23 Health care decision if I am pregnant — Yes.... No....

AB75-ASA1,1304,3 If I have not checked either "Yes" or "No" immediately above, my health care agent may not make health care decisions for me if my health care agent knows I am pregnant.

AB75-ASA1,1304,5 STATEMENT OF DESIRES, SPECIAL PROVISIONS OR LIMITATIONS

AB75-ASA1,1304,9 In exercising authority under this document, my health care agent shall act consistently with my following stated desires, if any, and is subject to any special provisions or limitations that I specify. The following are specific desires, provisions or limitations that I wish to state (add more items if needed):

AB75-ASA1,1304,10 1) -

AB75-ASA1,1304,11 2) -

AB75-ASA1,1304,12 3) -

AB75-ASA1,1304,15 INSPECTION AND DISCLOSURE OF INFORMATION RELATING TO MY PHYSICAL OR MENTAL HEALTH

AB75-ASA1,1304,17 Subject to any limitations in this document, my health care agent has the authority to do all of the following:

AB75-ASA1,1304,19 (a) Request, review and receive any information, oral or written, regarding my physical or mental health, including medical and hospital records.

AB75-ASA1,1304,21 (b) Execute on my behalf any documents that may be required in order to obtain this information.

AB75-ASA1,1304,22 (c) Consent to the disclosure of this information.

AB75-ASA1,1304,23 (The principal and the witnesses all must sign the document at the same time.)

AB75-ASA1,1304,24 SIGNATURE OF PRINCIPAL

AB75-ASA1,1304,25 (person creating the power of attorney for health care)

AB75-ASA1,1304,26 Signature....  Date....