DHS 120.09(4)(4) Affidavit of publication. A hospital that publishes any notice under sub. (3) shall require the newspaper in which the notice is published to furnish the hospital with an affidavit of publication attached to a copy of the notice clipped from the paper. The affidavit shall state the name of the newspaper and the date of publication and shall be signed by the editor, publisher, owner or designee of the editor, publisher or owner. Within 14 calendar days after the hospital receives the affidavit of publication, the hospital shall transmit to the department the affidavit and the notice clipped from the newspaper attached.

DHS 120.09 NoteNote: Health care providers who are required to send their information directly to the department should use the following address: Bureau of Health Information and Policy, P. O. Box 2659, Madison, Wisconsin 53701-2659, or deliver the communications to Room 372, 1 W. Wilson Street, Madison, Wisconsin.

DHS 120.09 HistoryHistory: Cr. Register, December, 2000, No. 540, eff. 1-1-01; CR 01-051: cr. (3) (a) 6m., Register September 2001 No. 549 eff. 10-1-01.

DHS 120.10(1)(1) Definition. In this section, “type of data” means inpatient, emergency department, ambulatory, fiscal, annual and other health care provider data required to be submitted to the department under this chapter.

DHS 120.10(2)(2) Civil liability. In accordance with s. 153.76, Stats., and except as provided in sub. (3), whoever violates the patient confidentiality provisions defined in ss. 153.50 and 153.75 (1) (a), Stats., shall be liable to the patient for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation.

DHS 120.10(3)(3) Immunity from liability.

DHS 120.10(3)(a)(a) In accordance with s. 153.77, Stats., and except as provided in par. (b), a health care provider that submits information to the department under this chapter is immune from civil liability for all of the following:

DHS 120.10(3)(a)1.1. Any act or omission of an employee, official or agent of the health care provider that results in the release of a prohibited data element while submitting data to the department.

DHS 120.10(3)(b)(b) The immunity provided under this subsection does not apply to intentional, willful or reckless acts or omissions by health care providers.

DHS 120.10(4)(4) Criminal penalties. In accordance with s. 153.78 (1), Stats., whoever intentionally violates s. 153.45 (5) or 153.50, Stats., or rules related thereto under subchs. III and V of this chapter may be fined not more than $15,000 or imprisoned for not more than one year in the county jail or both.

DHS 120.10(5)(5) Forfeitures.

DHS 120.10(5)(a)(a) General. In accordance with s. 153.78 (2), Stats., whoever violates ch. 153, Stats., or this chapter, except as provided in par. (c), shall forfeit not more than $100 for each violation. Except as stated in s. 153.78 (2), Stats., each day of a violation for each individual type of data the department requires to be submitted constitutes a separate offense.

DHS 120.10(5)(b)1.1. ‘Forfeiture commencement and duration.’ The forfeiture begins on the date the health care provider was in violation, as determined by the department, and is computed for the number of days the health care provider is in violation until the date the health care provider achieves compliance, except that no day in the period between the date on which a request for a hearing is filed under s. 227.44, Stats., and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this subsection constitutes a violation.