Wisconsin Legislature: 949.38(5)(b)

949.31(2)(2) The division of hearings and appeals in the department of administration shall appoint hearing examiners to make findings and orders under s. 227.46 and this subchapter.

949.31(3)(3) All hearings shall be open to the public unless in a particular case the examiner determines that the hearing, or a portion of the hearing, shall be held in private having regard to the fact that the offender has not been convicted or to the interest of the victim.

949.31 HistoryHistory: 2007 a. 20.

949.315949.315 Subpoenas. The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this subchapter and may enforce compliance with such subpoenas as provided in s. 885.12.

949.315 HistoryHistory: 2007 a. 20.

949.32949.32 Condition of victim. There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical condition of the victim in a proceeding under this subchapter in which that condition is an element.

949.32 HistoryHistory: 2007 a. 20.

949.33949.33 Agency cooperation. Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files, and other appropriate information which the department requests in order to make a determination that a health care provider is eligible for an award under this subchapter.

949.33 HistoryHistory: 2007 a. 20.

949.36949.36 Confidentiality. If a health care provider seeks an award under this subchapter, any personally identifiable information, as defined in s. 19.62 (5), of the victim who received the examination shall remain confidential unless written consent for the release of any personally identifiable information is provided by one of the following:

949.36(1)(1) Except as provided under sub. (2), the victim.

949.36(2)(2) If there is a guardian of the victim, the guardian of the victim.

949.36 HistoryHistory: 2007 a. 20.

949.37949.37 Offenses.

949.37(1)(1) Prohibition. In connection with an award under this subchapter, no person may do any of the following:

949.37(1)(a)(a) Submit a fraudulent application or claim for an award.

949.37(1)(b)(b) Intentionally make or cause to be made any false statement or representation of a material fact.

949.37(1)(c)(c) Intentionally conceal or fail to disclose information affecting the amount of or the initial or continued right to any such award when reasonably requested to provide such information by the department.

949.37(2)(2) Penalties. Any person who violates this section shall be fined not more than $500 or imprisoned not more than 6 months or both. The person shall forfeit any benefit received and shall reimburse the state for payments received.

949.37(3)(3) Damages. The state has a civil cause of action for relief against any person who violates this section for the amount of damages that the state sustained by reason of the violation and, in addition, for punitive damages not more than double the amount of damages that the state may have sustained, together with interest, and the cost of the suit.

949.37(4)(4) Action. The attorney general may bring any action and has such powers as may be necessary to enforce this section.

949.37 HistoryHistory: 2007 a. 20.

949.38949.38 Report by the department. The department’s biennial report under s. 15.04 (1) (d) shall include a report of its activities under this subchapter including all of the following:

949.38(1)(1) An explanation of the procedures for filing and processing claims under this subchapter.

949.38(2)(2) A description of the programs and policies instituted to promote awareness about the awards under this subchapter.

949.38(3)(3) An analysis of future needs and suggested program improvements.

949.38(4)(4) A copy of the forms used under this subchapter.

949.38(5)(5) A complete statistical analysis of the cases handled under this subchapter, including all of the following:

949.38(5)(a)(a) The number of claims filed.

949.38(5)(b)(b) The number of claims approved and the amount of each award.

949.38(5)(c)(c) The number of claims denied and the reasons for rejection.

949.38(5)(d)(d) A breakdown of claims by geographic area and month.

949.38 HistoryHistory: 2007 a. 20.