Chapter 153

153.80(2) (2) “Health care provider” has the meaning given in s. 146.81 (1) and includes an ambulatory surgery center, which has the meaning given for “ambulatory surgical center” under 42 CFR 416.2.

153.80(3) (3) “Secretary” means the secretary of health services.

153.80(4) (4) “State-designated entity” means a nonprofit corporation designated by the state as eligible to apply for and receive grants under 42 USC 300jj-33 from the secretary of the U.S. department of health and human services.

153.80 History History: 2009 a. 274.

153.81 153.81 Requirements for designation and funding.

153.81(1) (1) The state may designate a nonprofit corporation that is incorporated under ch. 181 as the state-designated entity only if the secretary determines that all of the following conditions are satisfied:

153.81(1)(a) (a) The articles of incorporation or bylaws of the corporation state that a purpose of the corporation is to use information technology to improve health care quality and efficiency through the authorized and secure electronic exchange and use of health information.

153.81(1)(b) (b) The corporation annually evaluates, analyzes, and reports to the secretary on the progress toward implementing statewide health information exchange and how the health information exchange efforts are enabling meaningful use of certified electronic health record technology, as defined in 42 USC 300jj and by the U.S. department of health and human services by regulation, by health care providers.

153.81(1)(c) (c) The corporation complies with the requirements to be a qualified state-designated entity under 42 USC 300jj-33 (f) (2) to (5) and to receive a grant under 42 USC 300jj-33.

153.81(1)(d) (d) The governing structure and bylaws of the corporation allow it to consult and consider recommendations from all of the persons specified under 42 USC 300jj-33 (g) (1) to (10) in carrying out statewide health information exchange.

153.81(1)(e) (e) The board of directors of the corporation includes all of the following persons:

153.81(1)(e)1. 1. The state health officer, as defined under s. 250.01 (9), or his or her designee.

153.81(1)(e)2. 2. The person who is appointed by the secretary to be the director of the Medical Assistance program, or his or her designee.

153.81(1)(e)3. 3. One person who is specified by the governor, or his or her designee.

153.81(1)(e)4. 4. One or more persons who represent each of the following such that the representation of the public and private health sector is balanced in the board’s representation:

153.81(1)(e)4.a. a. Health care providers.

153.81(1)(e)4.b. b. Health insurers or health plans.

153.81(1)(e)4.c. c. Employers who purchase or self-insure employee health care.

153.81(1)(e)4.d. d. Health care consumers or consumer advocates.

153.81(1)(e)4.e. e. Higher education.

153.81(1)(f) (f) The corporation agrees to fulfill all of the following purposes:

153.81(1)(f)1. 1. Building substantial health information exchange capacity statewide to support all of the following:

153.81(1)(f)1.a. a. Health care providers’ meaningful use of electronic health records.

153.81(1)(f)1.b. b. Population health improvement.

153.81(1)(f)1.c. c. Reporting of health care performance.

153.81(1)(f)2. 2. Developing policies and recommending legislation that advance efficient statewide and interstate health information exchange and that protect consumer privacy.

153.81(1)(f)3. 3. Developing or facilitating the creation of a statewide technical infrastructure that supports statewide health information exchange and enables interoperability among users of health information.

153.81(1)(f)4. 4. Coordinating between the Medical Assistance and public health programs to enable information exchange and promote meaningful use of electronic health records.

153.81(1)(f)5. 5. Providing oversight and accountability for health information exchange to protect the public interest.

153.81(1)(f)6. 6. Increasing public awareness of and support for statewide health information exchange and fostering agreement among health care providers and other users of health care information on an approach to statewide health information exchange.

153.81(1)(f)7. 7. Adopting standards for health information exchange in accordance with national standards, implementation protocols, and reporting requirements.

153.81(1)(f)8. 8. Prioritizing among health information exchange services according to the needs of the residents of this state.

153.81(1)(f)9. 9. Managing and sustaining funding necessary to develop and sustain statewide health information infrastructure and services.

153.81(1)(f)10. 10. Conducting or overseeing health information exchange business and technical operations, including providing technical assistance to health information organizations and other health information exchanges.

153.81(1)(f)11. 11. Developing or facilitating the creation and use of shared directories and technical services, as applicable to statewide health information exchange.

153.81(1)(f)12. 12. Creating a model, uniform statewide patient consent and authorization process to allow electronic access to, review of, or disclosure of a patient’s identifiable health care information.

153.81(1)(f)13. 13. Certifying regional health information exchange networks, if any, and confirming that any regional health information exchange network meets the criteria to participate in and connect to the statewide health information exchange network.

153.81(1)(f)14. 14. Monitoring health information technology and health information exchange efforts nationally and facilitating alignment of statewide, interstate, and national health information exchange strategies.

153.81(1)(f)15. 15. Developing programs and initiatives to promote and advance health information exchange to improve the safety, quality, and efficiency of health care and to reduce waste due to redundancy and administrative costs.

153.81(2) (2) The department may make payments to a nonprofit corporation that is incorporated under ch. 181 to support health information exchange if the secretary determines that the conditions under sub. (1) are satisfied.

153.81 History History: 2009 a. 274.

153.82 153.82 Creation of corporation.

153.82(1) (1) The secretary may organize and assist in maintaining a nonstock, nonprofit corporation under ch. 181 for all of the purposes specified under s. 153.81 (1) (f).

153.82(2) (2) If the secretary organizes a corporation under sub. (1), the secretary shall appoint all of the individuals specified under s. 153.81 (1) (e) 1. to 4. as initial directors of the board of the corporation.

153.82(3) (3) The assets and liabilities of the corporation under sub. (1) shall be separate from all other assets and liabilities of the state, of all political subdivisions of the state, and of the department. The state, any political subdivision of the state, and the department do not guarantee any obligation of or have any obligation to the corporation. The state, any political subdivision of the state, and the department are not liable for any debt or liability of the corporation.

153.82 History History: 2009 a. 274.

subch. III of ch. 153 SUBCHAPTER III

OPIOID AND METHAMPHETAMINE DATA

153.85 153.85 Definition; opioid and methamphetamine data. In this subchapter, “vendor” means a person awarded the contract following a request for proposals described under s. 153.87.

153.85 History History: 2021 a. 181.

153.87 153.87 Opioid and methamphetamine data system.

153.87(1) (1) Subject to sub. (3), the department of administration shall issue a request for proposals to establish and maintain an opioid and methamphetamine data system to collect, format, analyze, and disseminate information on opioid and methamphetamine use, which shall include all of the following:

153.87(1)(a) (a) Hospital discharge data from visits and stays related to opioid use or overdose.

153.87(1)(b) (b) Hospital discharge data from visits and stays related to methamphetamine use or overdose.

153.87(1)(c) (c) Ambulance service run data related to opioid use or overdose.

153.87(1)(d) (d) The number of opioid-related overdoses in the state, the number of individuals who overdose on opioids, and the opioids on which the individuals overdose.

153.87(1)(e) (e) The number of methamphetamine-related overdoses in the state, the number of individuals who overdose on methamphetamines, and the forms of methamphetamines on which the individuals overdose.

153.87(1)(f) (f) Death records related to opioid use or overdose.

153.87(1)(g) (g) Death records related to methamphetamine use or overdose.

153.87(1)(h) (h) The number of opioid treatment centers in the state, by the owner or operator of each opioid treatment center.

153.87(1)(i) (i) The number of methamphetamine treatment centers in the state, by the owner or operator of each methamphetamine treatment center.

153.87(1)(j) (j) The number of providers in this state that are allowed to prescribe a drug that is a combination of buprenorphine and naloxone, the patient capacity for those prescribers, the number of patients taking such a combination drug, and the number of patients who have discontinued such a combination drug due to successful completion of a treatment program.

153.87(1)(k) (k) The number of methadone clinics in the state, the number of patients taking methadone, the number of patients who more than once have been on courses of methadone, the number of patients who have discontinued methadone use due to successful completion of a treatment program, and the number of patients who are receiving methadone treatment for each of the following durations:

153.87(1)(k)1. 1. Longer than 12 months.

153.87(1)(k)2. 2. Longer than 3 years.

153.87(1)(k)3. 3. Longer than 4 years.

153.87(1)(k)4. 4. Longer than 5 years.

153.87(1)(k)5. 5. Longer than 8 years.

153.87(1)(k)6. 6. Longer than 10 years.

153.87(1)(L) (L) The amount of naloxone doses dispensed, the total number of naloxone doses administered, and the number of unique patients who have received doses of naloxone.

153.87(1)(m) (m) The number of adults in the state who use opioids, the extent to which those adults use opioids, and the type of opioids used.

153.87(1)(n) (n) The number of adults in the state who use methamphetamines, the extent to which those adults use methamphetamines, and the forms of methamphetamines used.

153.87(1)(o) (o) The number of minors in the state who use opioids, the extent to which those minors use opioids, and the type of opioids used.

153.87(1)(p) (p) The number of minors in the state who use methamphetamines, the extent to which those minors use methamphetamines, and the forms of methamphetamines used.

153.87(1)(q) (q) The number of minors who enter the child protective services system due to opioid use by a parent or guardian, length of time those minors are in out-of-home care, and the type of reporter who notified child protective services of the needs of the minor.

153.87(1)(r) (r) The number of persons who are incarcerated and who are receiving naltrexone for extended-release in injectable suspension, the number of persons who are on extended supervision or probation or on parole and who are receiving extended-release naltrexone, the total number of doses of extended-release naltrexone administered to persons who are incarcerated, on extended supervision or probation, or on parole in this state, and the length of time that persons who are incarcerated, on extended supervision or probation, or on parole are receiving extended-release naltrexone.

153.87(1)(s) (s) The number of arrests and convictions related to methadone and the number related to a drug that is a combination of buprenorphine and naloxone.

153.87(1)(t) (t) The number of arrests and convictions related to methamphetamines.

153.87(2) (2) The opioid and methamphetamine data system under sub. (1) shall identify, to the extent possible, for sub. (1) (a), (b), (c), (d), (e), (f), (g), (j), (k), (m), (n), (o), (p), and (r) the number of individuals who have each of the following forms of health care coverage:

153.87(2)(a) (a) Public health care coverage under the Medical Assistance program.

153.87(2)(b) (b) Public health care coverage under Medicare, a veteran or military health plan, or another public form of coverage other than Medical Assistance, including any self-insured governmental health plan.

153.87(2)(c) (c) Private insurance or a private health plan.

153.87(2)(d) (d) Self-coverage or uninsured.

153.87(3) (3) 

153.87(3)(a) (a) Before issuing the request for proposal, the department of administration in collaboration with the departments of health services and safety and professional services shall submit to the joint committee on finance the proposed request for proposals described under sub. (1) and a request to supplement in an amount not to exceed $1,500,000 any appropriation of one of the departments. Notwithstanding the specified purpose of any such appropriation, a supplement under this paragraph may be expended for the purpose of financing the cost of the opioid and methamphetamine data system. If the cochairpersons of the joint committee on finance do not notify the departments within 14 working days after the date of the submission under this paragraph that the committee has scheduled a meeting for the purpose of reviewing the submission, the departments may issue the request for proposals and the proposed supplement is considered approved. If, within 14 working days after the date of the submittal of the proposed request for proposals under this paragraph, the cochairpersons of the committee notify the departments that the committee has scheduled a meeting for the purpose of reviewing the submission, the departments may issue the proposed request for proposals only upon approval by the committee and the supplementation is subject to the committee’s approval.

153.87(3)(b) (b) At the time of the departments’ submission under par. (a), the departments of health services, children and families, corrections, justice, and safety and professional services may submit to the joint committee on finance suggestions of opioid-related or methamphetamine-related information to collect, analyze, and disseminate in addition to information specified under sub. (1) to assist the agencies in analyzing the behavioral health status of the state’s population, reducing relapse of opioid and methamphetamine misuse, improving patient outcomes after opioid or methamphetamine use or overdose, assisting minors who are in out-of-home care, and monitoring health costs related to substance use.

153.87(4) (4) The department of administration shall collaborate with and collect data from the departments of health services, corrections, justice, safety and professional services, and children and families and any other applicable agencies for the opioid and methamphetamine data system under sub. (1).

153.87(5) (5) 

153.87(5)(a) (a) The department of administration shall administer the contract with the vendor to operate the opioid and methamphetamine data system and shall have access to the data contained in the opioid and methamphetamine data system. The department of administration shall work with the vendor to disseminate information and advanced analytics from the opioid and methamphetamine data system in as close to real time as possible.