SB579,6,623 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the
24appropriation account under s. 20.515 (1) (ut) the department of employee trust
25funds may expend up to $150,000, and from the appropriation accounts under s.

120.435 (1) (hg) and (hi) the department of health services, in its capacity as a public
2health authority, may expend moneys, to contract with a data organization to
3perform services under this chapter subchapter that are specified for the data
4organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of
5health services to perform or contract for the performance of these services. As a
6condition of the contract under this subsection, all of the following apply:
SB579, s. 11 7Section 11. 153.05 (2s) of the statutes is amended to read:
SB579,6,118 153.05 (2s) Annually, the department of health services and the department
9of employee trust funds shall jointly prepare and submit under s. 13.172 (3) to
10standing committees of the legislature with jurisdiction over health issues a report
11on the activities of the data organization under this chapter subchapter.
SB579, s. 12 12Section 12. 153.05 (3) (a) of the statutes is amended to read:
SB579,6,1713 153.05 (3) (a) Upon request of the department for health care information
14relating to health care providers other than hospitals and ambulatory surgery
15centers and, if s. 153.455 (4) applies, for health care claims information as specified
16in sub. (1) (c), state agencies shall provide that information to the department for use
17in preparing reports under this chapter subchapter.
SB579, s. 13 18Section 13. 153.05 (3) (b) of the statutes is amended to read:
SB579,6,2219 153.05 (3) (b) Upon request of the entity under contract under sub. (2m) (a) for
20health care information relating to hospitals and ambulatory surgery centers, state
21agencies shall provide that health care information to the entity for use in preparing
22reports under this chapter subchapter.
SB579, s. 14 23Section 14. 153.05 (3) (c) of the statutes is amended to read:
SB579,7,424 153.05 (3) (c) Upon request of the data organization under contract under sub.
25(2r) for health care claims information, insurers and administrators may provide the

1health care claims information to the data organization for use in preparing reports
2and developing and maintaining a central data repository under this chapter
3subchapter, and, if s. 153.455 (4) applies, insurers and administrators may provide
4the health care claims information as requested by the department.
SB579, s. 15 5Section 15. 153.05 (8) (a) of the statutes is amended to read:
SB579,7,186 153.05 (8) (a) Unless sub. (13) applies, subject to s. 153.455, the department
7shall collect, analyze and disseminate, in language that is understandable to
8laypersons, claims information and other health care information, as adjusted for
9case mix and severity, under the provisions of this chapter subchapter, as determined
10by rules promulgated by the department, from health care providers, other than
11hospitals and ambulatory surgery centers, specified by rules promulgated by the
12department. Data from those health care providers may be obtained through
13sampling techniques in lieu of collection of data on all patient encounters and data
14collection procedures shall minimize unnecessary duplication and administrative
15burdens. If the department collects from health care plans data that is specific to
16health care providers other than hospitals and ambulatory surgery centers, the
17department shall attempt to avoid collecting the same data from those health care
18providers.
SB579, s. 16 19Section 16. 153.05 (8) (b) of the statutes is amended to read:
SB579,8,220 153.05 (8) (b) Unless sub. (13) applies, the entity under contract under sub.
21(2m) (a) shall collect, analyze, and disseminate, in language that is understandable
22to laypersons, claims information and other health care information, as adjusted for
23case mix and severity, under the provisions of this chapter subchapter, from hospitals
24and ambulatory surgery centers. Data from hospitals and ambulatory surgery
25centers may be obtained through sampling techniques in lieu of collection of data on

1all patient encounters, and data collection procedures shall minimize unnecessary
2duplication and administrative burdens.
SB579, s. 17 3Section 17. 153.05 (9) (a) of the statutes is amended to read:
SB579,8,84 153.05 (9) (a) Subject to s. 153.455, the department shall provide orientation
5and training to health care providers, other than hospitals and ambulatory surgery
6centers, who submit data under this chapter subchapter, to explain the process of
7data collection and analysis and the procedures for data verification, comment,
8interpretation, and release.
SB579, s. 18 9Section 18. 153.05 (9) (b) of the statutes is amended to read:
SB579,8,1410 153.05 (9) (b) The entity under contract under sub. (2m) (a) shall provide
11orientation and training to hospitals and ambulatory surgery centers that submit
12data under this chapter subchapter, to explain the process of data collection and
13analysis and the procedures for data verification, comment, interpretation, and
14release.
SB579, s. 19 15Section 19. 153.05 (9) (c) of the statutes is amended to read:
SB579,8,2216 153.05 (9) (c) Subject to s. 153.455 (1) to (3), the data organization under
17contract under sub. (2r) shall provide orientation and training to insurers and
18administrators that submit data under this chapter subchapter, to explain the
19process of data collection and analysis and the procedures for data verification,
20comment, interpretation, and release. If s. 153.455 (4) applies, the department may
21perform or contract for the performance of the duties specified for the data
22organization under this paragraph.
SB579, s. 20 23Section 20. 153.455 (4) of the statutes is amended to read:
SB579,9,824 153.455 (4) If the contract with the data organization is terminated under sub.
25(3) and no organization responds to the request for proposals or a successor contract

1cannot be achieved, the department, in its capacity as a public health authority, shall
2collect health care information, including as specified under s. HFS 120.14 (1), Wis.
3Adm. Code, in effect on April 13, 2006, and may request health care claims
4information, which may be voluntarily provided by insurers or administrators,
5under this chapter subchapter; shall analyze and disseminate, or contract for the
6performance of analysis and dissemination of, the health care information; and may
7analyze and disseminate, or may contract for the performance of analysis and
8dissemination of, the health care claims information.
SB579, s. 21 9Section 21. 153.50 (3) (b) (intro.) of the statutes is amended to read:
SB579,9,1210 153.50 (3) (b) (intro.) Remove and destroy all of the following data elements on
11the uniform patient billing forms that are received by the department, the entity, or
12the data organization under the requirements of this chapter subchapter:
SB579, s. 22 13Section 22. 153.50 (3) (c) of the statutes is amended to read:
SB579,9,1714 153.50 (3) (c) Develop, for use by purchasers of data under this chapter
15subchapter, a data use agreement that specifies data use restrictions, appropriate
16uses of data and penalties for misuse of data, and notify prospective and current
17purchasers of data of the appropriate uses.
SB579, s. 23 18Section 23. 153.50 (3) (d) of the statutes is amended to read:
SB579,9,2119 153.50 (3) (d) Require that a purchaser of data under this chapter subchapter
20sign and have notarized the data use agreement of the department, the entity, or the
21data organization, as applicable.
SB579, s. 24 22Section 24. 153.50 (3m) of the statutes is amended to read:
SB579,9,2523 153.50 (3m) Provider, administrator, or insurer measures to ensure patient
24identity protection.
A health care provider that is not a hospital or ambulatory
25surgery center or an insurer or an administrator shall, before submitting

1information required by the department, or by the data organization under contract
2under s. 153.05 (2r), under this chapter subchapter, convert to a payer category code
3as specified by the department or the data organization, as applicable, any names of
4an insured's payer or other insured's payer.
SB579, s. 25 5Section 25. 153.50 (5) (a) 4. b. of the statutes is amended to read:
SB579,10,106 153.50 (5) (a) 4. b. Any federal or state statutory requirement to uphold the
7patient confidentiality provisions of this chapter subchapter or patient
8confidentiality provisions that are more restrictive than those of this chapter
9subchapter; or, if the latter evidence is inapplicable, an agreement, in writing, to
10uphold the patient confidentiality provisions of this chapter subchapter.
SB579, s. 26 11Section 26. 153.50 (6) (a) of the statutes is amended to read:
SB579,10,1512 153.50 (6) (a) The department or entity under contract under s. 153.05 (2m) (a)
13may not require a health care provider submitting health care information under
14this chapter subchapter to include the patient's name, street address or social
15security number.
SB579, s. 27 16Section 27. 153.50 (6) (b) of the statutes is amended to read:
SB579,10,1917 153.50 (6) (b) The department may not require under this chapter subchapter
18a health care provider that is not a hospital or ambulatory surgery center to submit
19uniform patient billing forms.
SB579, s. 28 20Section 28. 153.50 (6) (c) (intro.) of the statutes is amended to read:
SB579,10,2321 153.50 (6) (c) (intro.) A health care provider that is not a hospital or ambulatory
22surgery center may not submit any of the following to the department under the
23requirements of this chapter subchapter:
SB579, s. 29 24Section 29. 153.55 of the statutes is amended to read:
SB579,11,2
1153.55 Protection of confidentiality. Data obtained under this chapter
2subchapter is not subject to inspection, copying or receipt under s. 19.35 (1).
SB579, s. 30 3Section 30. 153.60 (1) of the statutes is amended to read:
SB579,11,224 153.60 (1) The department shall, by the first October 1 after the
5commencement of each fiscal year, estimate the total amount of expenditures under
6this chapter subchapter for the department for that fiscal year for data collection,
7database development and maintenance, generation of data files and standard
8reports, orientation and training provided under s. 153.05 (9) (a) and contracting
9with the data organization under s. 153.05 (2r). The department shall assess the
10estimated total amount for that fiscal year, less the estimated total amount to be
11received for purposes of administration of this chapter subchapter under s. 20.435
12(1) (hi) during the fiscal year and the unencumbered balance of the amount received
13for purposes of administration of this chapter subchapter under s. 20.435 (1) (hi) from
14the prior fiscal year, to health care providers, other than hospitals and ambulatory
15surgery centers, who are in a class of health care providers from whom the
16department collects data under this chapter subchapter in a manner specified by the
17department by rule. The department shall work together with the department of
18regulation and licensing to develop a mechanism for collecting assessments from
19health care providers other than hospitals and ambulatory surgery centers. No
20health care provider that is not a facility may be assessed under this subsection an
21amount that exceeds $75 per fiscal year. All payments of assessments shall be
22credited to the appropriation under s. 20.435 (1) (hg).
SB579, s. 31 23Section 31. 153.75 (2) (a) of the statutes is amended to read:
SB579,12,3
1153.75 (2) (a) Exempting certain classes of health care providers that are not
2hospitals or ambulatory surgery centers from providing all or portions of the data
3required under this chapter subchapter.
SB579, s. 32 4Section 32. 153.75 (2) (c) of the statutes is amended to read:
SB579,12,75 153.75 (2) (c) Providing for the efficient collection, analysis and dissemination
6of health care information which the department may require under this chapter
7subchapter.
SB579, s. 33 8Section 33. Subchapter II (title) of chapter 153 [precedes 153.80] of the
9statutes is created to read:
SB579,12,1010 CHAPTER 153
SB579,12,1311 subchapter II
12 Electronic health information
13 exchange
SB579, s. 34 14Section 34. 153.80 of the statutes is created to read:
SB579,12,15 15153.80 Definitions. In this subchapter:
SB579,12,16 16(1) "Department" means the department of health services.
SB579,12,19 17(2) "Health care provider" has the meaning given in s. 146.81 (1) and includes
18an ambulatory surgery center, which has the meaning given for "ambulatory surgical
19center" under 42 CFR 416.2.
SB579,12,20 20(3) "Secretary" means the secretary of health services.
SB579,12,23 21(4) "State-designated entity" means a nonprofit corporation designated by the
22state as eligible to apply for and receive grants under 42 USC 300jj-33 from the
23secretary of the U.S. department of health and human services.
SB579, s. 35 24Section 35. 153.81 of the statutes is created to read:
SB579,13,4
1153.81 Requirements for designation and funding. (1) The state may
2designate a nonprofit corporation that is incorporated under ch. 181 as the
3state-designated entity only if the secretary determines that all of the following
4conditions are satisfied:
SB579,13,85 (a) The articles of incorporation or bylaws of the corporation state that a
6purpose of the corporation is to use information technology to improve health care
7quality and efficiency through the authorized and secure electronic exchange and
8use of health information.
SB579,13,139 (b) The corporation annually evaluates, analyzes, and reports to the secretary
10on the progress toward implementing statewide health information exchange and
11how the health information exchange efforts are enabling meaningful use of certified
12electronic health record technology, as defined in 42 USC 300jj and by the U.S.
13department of health and human services by regulation, by health care providers.
SB579,13,1614 (c) The corporation complies with the requirements to be a qualified
15state-designated entity under 42 USC 300jj-33 (f) (2) to (5) and to receive a grant
16under 42 USC 300jj-33.
SB579,13,1917 (d) The governing structure and bylaws of the corporation allow it to consult
18and consider recommendations from all of the persons specified under 42 USC
19300jj-33
(g) (1) to (10) in carrying out statewide health information exchange.
SB579,13,2120 (e) The board of directors of the corporation includes all of the following
21persons:
SB579,13,2222 1. The state health officer, as defined under s. 250.01 (9), or his or her designee.
SB579,13,2423 2. The person who is appointed by the secretary to be the director of the Medical
24Assistance program, or his or her designee.
SB579,13,2525 3. One person who is specified by the governor, or his or her designee.
SB579,14,3
14. One or more persons who represent each of the following such that the
2representation of the public and private health sector is balanced in the board's
3representation:
SB579,14,44 a. Health care providers.
SB579,14,55 b. Health insurers or health plans.
SB579,14,66 c. Employers who purchase or self-insure employee health care.
SB579,14,77 d. Health care consumers or consumer advocates.
SB579,14,88 e. Higher education.
SB579,14,99 (f) The corporation agrees to fulfill all of the following purposes:
SB579,14,1110 1. Building substantial health information exchange capacity statewide to
11support all of the following:
SB579,14,1212 a. Health care providers' meaningful use of electronic health records.
SB579,14,1313 b. Population health improvement.
SB579,14,1414 c. Reporting of health care performance.
SB579,14,1715 2. Developing policies and recommending legislation that advance efficient
16statewide and interstate health information exchange and that protect consumer
17privacy.
SB579,14,2018 3. Developing or facilitating the creation of a statewide technical infrastructure
19that supports statewide health information exchange and enables interoperability
20among users of health information.
SB579,14,2321 4. Coordinating between the Medical Assistance and public health programs
22to enable information exchange and promote meaningful use of electronic health
23records.
SB579,14,2524 5. Providing oversight and accountability for health information exchange to
25protect the public interest.
SB579,15,3
16. Increasing public awareness of and support for statewide health information
2exchange and fostering agreement among health care providers and other users of
3health care information on an approach to statewide health information exchange.
SB579,15,54 7. Adopting standards for health information exchange in accordance with
5national standards, implementation protocols, and reporting requirements.
SB579,15,76 8. Prioritizing among health information exchange services according to the
7needs of the residents of this state.
SB579,15,98 9. Managing and sustaining funding necessary to develop and sustain
9statewide health information infrastructure and services.
SB579,15,1210 10. Conducting or overseeing health information exchange business and
11technical operations, including providing technical assistance to health information
12organizations and other health information exchanges.
SB579,15,1413 11. Developing or facilitating the creation and use of shared directories and
14technical services, as applicable to statewide health information exchange.
SB579,15,1715 12. Creating a model, uniform statewide patient consent and authorization
16process to allow electronic access to, review of, or disclosure of a patient's identifiable
17health care information.
SB579,15,2118 13. Certifying regional health information exchange networks, if any, and
19confirming that any regional health information exchange network meets the
20criteria to participate in and connect to the statewide health information exchange
21network.
SB579,15,2422 14. Monitoring health information technology and health information
23exchange efforts nationally and facilitating alignment of statewide, interstate, and
24national health information exchange strategies.
SB579,16,3
115. Developing programs and initiatives to promote and advance health
2information exchange to improve the safety, quality, and efficiency of health care and
3to reduce waste due to redundancy and administrative costs.
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