AB870: Bill Text

AB870,,63 (c) Advance request for recording; execution. A valid advance request for surgical procedure recording instrument shall be all of the following:

AB870,,64 1. In writing.

AB870,,65 2. Dated and signed by the principal or by an individual who has attained age 18 at the express direction and in the presence of the principal.

AB870,,66 3. Signed in the presence of a witness who is an individual who has attained age 18.

AB870,,67 4. Voluntarily executed.

AB870,,68 (d) Revocation. A principal may revoke his or her advance request for surgical procedure recording instrument at any time by doing any of the following:

AB870,,69 1. Canceling, defacing, obliterating, burning, tearing, or otherwise destroying the advance request for surgical procedure recording instrument or directing another in the presence of the principal to so destroy the advance request for surgical procedure recording instrument.

AB870,,70 2. Executing a statement, in writing, that is signed and dated by the principal, expressing the principal’s intent to revoke the advance request for surgical procedure recording instrument.

AB870,,71 3. Verbally expressing the desire to revoke the advance request for surgical procedure recording instrument in the presence of a witness.

AB870,,72 4. Executing a subsequent advance request for surgical procedure recording instrument that replaces an existing advance request for surgical procedure recording instrument.

AB870,,73 (13) Penalties. (a) Except as provided under sub. (6), a surgical practitioner or other health care provider who knowingly refuses to comply with a surgical patient’s request to have his or her surgical procedure or discharge instructions recorded may be subject to a forfeiture of not more than $25,000 for each violation.

AB870,,74 (b) Except as provided under sub. (6), a surgical facility that fails to provide a notice required under sub. (2) (b) may be subject to a forfeiture of not more than $25,000 for each violation.

AB870,,75 (c) 1. Any person who negligently interferes with or violates a surgical patient’s advance request for surgical procedure recording instrument created under sub. (12) without the consent of the principal shall be subject to a fine of at least $500 but not more than $1,000.

AB870,,76 2. Any person who intentionally interferes with or violates a surgical patient’s advance request for surgical procedure recording instrument created under sub. (12), including intentionally concealing, canceling, defacing, obliterating, damaging, or destroying the instrument without the consent of the principal may be fined not more than $5,000.

AB870,,77 (d) 1. For purposes of this paragraph, “disclosure” means to effect the provision of access to, or the release, transfer, or divulging in any manner of, information outside those persons or entities authorized under in this section.

AB870,,78 2. Except as otherwise authorized under this section, if a surgical practitioner or other health care provider discloses a recording made under this section, the standards and penalties for violations relating to patient health care records described under s. 146.84 shall apply.

AB870,,79 3. A surgical patient, or another person on behalf of a surgical patient, who intentionally discloses a recording made under this section in violation of sub. (2) (e) may be fined not more than $3,000 per violation. If a person affirmatively discloses a recording made under this section on a social media platform, that disclosure shall constitute a single violation, regardless of whether the disclosure is subsequently redisclosed by other social media participants. Each subsequent disclosure on a separate platform shall be considered a separate violation.

AB870,,80 4. Whoever threatens, with intent to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened to do any act against the person’s will, to disseminate or to communicate to anyone, or, except as otherwise authorized under this section, does disseminate or communicate to anyone, information related to a recording under this section is guilty of a Class I felony. For the purpose of this subdivision, “information” has the meaning given in s. 943.31.

AB870,,81 (14) Forfeiture procedure. (a) The department may directly assess forfeitures provided for under sub. (13). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the violator. The notice shall specify the amount of the forfeiture assessed and the violation and the statute or rule alleged to have been violated, and shall inform the violator of the right to a hearing under par. (b).

AB870,,82 (b) A violator may contest an assessment of a forfeiture by sending, within 30 days after receipt of notice under par. (a), 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 60 days after receipt of the request for a hearing and shall issue a final decision within 30 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.

AB870,,83 (c) All forfeitures shall be paid to the department within 30 days after receipt of notice of assessment or, if the forfeiture is contested under par. (b), within 30 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 injured patients and families compensation fund under s. 655.27.

AB870,,84 (d) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under sub. (13) 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 shall be whether the forfeiture has been paid.

AB870,2 Section 2. 146.81 (4) of the statutes is amended to read:

AB870,,86 146.81 (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; all recordings under s. 50.373 related to a surgical patient; and all records made by an ambulance service provider, as defined in s. 256.01 (3), an emergency medical services practitioner, as defined in s. 256.01 (5), or an emergency medical responder, as defined in s. 256.01 (4p), 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.

AB870,3 Section 3. 146.83 (3f) (b) 3m. of the statutes is created to read:

AB870,,88 146.83 (3f) (b) 3m. Except as provided in s. 50.373, for a copy of a recording of a surgical procedure or discharge instructions, $25 per copy.

AB870,4 Section 4. 655.27 (1g) of the statutes is created to read:

AB870,,90 655.27 (1g) Deposit of forfeitures. Forfeitures paid under s. 50.373 (13) shall be deposited in the fund under sub. (1).

AB870,5 Section 5. Nonstatutory provisions.

AB870,,92 (1) Emergency rules. Using the procedure under s. 227.24, the department of health services shall promulgate the rules required under s. 50.373 for the period before the effective date of the permanent rules promulgated under s. 50.373 but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d., the department of health services is not required to prepare a statement of the scope of the rules promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1g., the department of health services is not required to present the rules promulgated under this subsection to the governor for approval.

AB870,6 Section 6. Effective dates. This act takes effect on the first day of the 13th month beginning after publication, except as follows:

AB870,,94 (1) Section 5 (1) of this act takes effect on the day after publication.

AB870,,95 (end)