reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.96 - Definitions.

150.96
Definitions.
In this subchapter, unless the context requires otherwise:
(1)
“Community mental health center" means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community in or near which the facility is situated.
(2)
“Facility for individuals with an intellectual disability" means a facility specially designed for the diagnosis, treatment, education, training or custodial care of individuals with an intellectual disability; including facilities for training specialists and sheltered workshops for individuals with an intellectual disability, but only if such workshops are part of facilities which provide or will provide comprehensive services for individuals with an intellectual disability.
(3)
“The federal act" means the mental retardation facilities and community mental health centers construction act of 1963 (P.L. 88-164).
(4)
“Nonprofit facility for individuals with an intellectual disability", and “nonprofit community mental health center" mean, respectively, a facility for individuals with an intellectual disability, and a community mental health center which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
(5)
“The secretary" means the secretary of the U.S. department of health and human services or a delegate to administer the federal act.
History:  1979 c. 177; 1981 c. 314; 1983 a. 189; 1993 a. 27 s. 237; Stats. 1993 s. 150.96; 1999 a. 83; 2011 a. 126.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.963 - Construction of facilities for the intellectually disabled and community mental health centers.

150.963
Construction of facilities for the intellectually disabled and community mental health centers.
(2)
The department shall be the sole agency of the state for all of the following purposes:
(a)
Making inventories of existing facilities, surveying the need for construction for facilities for individuals with an intellectual disability and community mental health centers, and developing programs of construction.
(b)
Developing and administering a state plan for the construction of public and other nonprofit facilities for individuals with an intellectual disability, and a state plan for the construction of public and other nonprofit community mental health centers.
(3)
The department, in carrying out the purposes of this subchapter, may do any of the following:
(a)
Require reports, make inspections and investigations and prescribe rules that it considers necessary.
(b)
Provide methods of administration, appoint personnel, and take other action that is necessary to comply with the requirements of the federal act and regulations under the federal act.
(c)
Procure the temporary or intermittent services of experts or consultants or organizations of experts and consultants, by contract, when those services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties.
(d)
To the extent that it considers desirable to effectuate the purposes of this subchapter, enter into agreements for the utilization of facilities and services of other departments, agencies and institutions, public or private.
(e)
Accept on behalf of the state and deposit with the secretary of administration any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this subchapter, and expend those funds for the purposes of this subchapter.
(f)
Do all other things on behalf of the state necessary to obtain full benefits under the federal act.
History:  1979 c. 89; 1993 a. 27 s. 238; Stats. 1993 s. 150.963; 1999 a. 83; 2003 a. 33; 2011 a. 126.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.965 - Construction programs.

150.965
Construction programs.
The department is directed to develop construction programs for facilities for individuals with an intellectual disability and community mental health centers for the mentally ill, which shall be based respectively on statewide inventories of existing facilities for individuals with an intellectual disability and the mentally ill and surveys of need, and which shall provide in accordance with regulations prescribed under the federal act, for facilities which will provide adequate services for individuals with an intellectual disability and adequate community mental health services for the people residing in this state and for furnishing needed services to persons unable to pay therefor.
History:  1993 a. 27 s. 239; Stats. 1993 s. 150.965; 1993 a. 213; 2011 a. 126.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.967 - State plans.

150.967
State plans.
The department shall prepare and submit to the secretary, state plans which shall include the programs for construction of facilities developed under this subchapter and which shall provide for the establishment, administration and operation of the construction activities in accordance with the requirements of the federal act and regulations under the federal act. The department shall from time to time, but not less often than annually, review the state plans and submit to the secretary any modifications of the state plans which it considers necessary and may submit to the secretary such modifications of the state plan not inconsistent with the requirements of the federal act, as it deems advisable.
History:  1979 c. 89; 1993 a. 27 s. 240; Stats. 1993 s. 150.967.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.97 - Standards for maintenance and operation.

150.97
Standards for maintenance and operation.
The department shall by regulation prescribe, and shall be authorized to enforce, standards for the maintenance and operation of facilities for individuals with an intellectual disability, and community mental health centers which receive federal aid for construction under the state plans.
History:  1993 a. 27 s. 241; Stats. 1993 s. 150.97; 2011 a. 126.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.973 - Priority of projects.

150.973
Priority of projects.
The state plans shall set forth the relative need and feasibility for the several projects included in the construction programs determined in accordance with the regulations prescribed pursuant to the federal act, and shall provide for the construction insofar as financial resources are available therefor in the order of such relative need and feasibility.
History:  1993 a. 27 s. 242; Stats. 1993 s. 150.973.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.975 - Applications.

150.975
Applications.
Applications for facility for individuals with an intellectual disability or community mental health center construction projects for which federal funds are requested shall be submitted to the department by the state, a political subdivision thereof or by a public or other nonprofit agency. Each application for a construction project shall conform to federal and state requirements.
History:  1993 a. 27 s. 243; Stats. 1993 s. 150.975; 2011 a. 126.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.977 - Hearing; forwarding of applications.

150.977
Hearing; forwarding of applications.
The department shall afford to every applicant for a construction project an opportunity for a fair hearing. If the department, after affording reasonable opportunity for development and submission of applications, finds that a project application complies with the requirements of this subchapter and is otherwise in conformity with the state plan, it shall approve the application and shall recommend and forward it to the secretary.
History:  1979 c. 89; 1993 a. 27 s. 244; Stats. 1993 s. 150.977.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.98 - Inspection of projects.

150.98
Inspection of projects.
From time to time the department or its duly authorized agents shall inspect each construction project approved by the secretary, and if the inspection so warrants, the department shall certify to the secretary that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.
History:  1993 a. 27 s. 245; Stats. 1993 s. 150.98.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.983 - Facilities for individuals with an intellectual disability and community mental health centers construction funds.

150.983
Facilities for individuals with an intellectual disability and community mental health centers construction funds.
The department may receive federal funds in behalf of, and transmit them to, applicants. In the general fund there is hereby established, separate and apart from all public moneys of this state, an intellectual disability facilities construction fund and a community mental health centers construction fund. Money received from the federal government for a construction project under this subchapter approved by the secretary shall be deposited to the credit of the appropriate fund and shall be used solely for payments to applicants for work performed, or purchases made, in carrying out the approved project.
History:  1979 c. 89; 1993 a. 27 s. 246; Stats. 1993 s. 150.983; 1993 a. 490; 2011 a. 126.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.01 - Definitions.

153.01
Definitions.
In this subchapter:
(1d)
“Administrator" has the meaning given in s. 633.01 (1).
(1g)
“Ambulatory surgery center" has the meaning given under 42 CFR 416.2.
(2g)
“Calculated variable" means a data element that is computed or derived from an original data item or derived using another data source.
(2m)
“Data element" means an item of information from a uniform patient billing form.
(3g)
“Data organization" means a nonstock corporation organized under ch. 181 that is described in section 501 (c) (3) of the Internal Revenue Code, is exempt from federal income tax under section 501 (a) of the Internal Revenue Code, and, in its capacity as a public health authority, does all of the following:
(a)
Represents health care consumers, insurers, administrators, and health care providers.
(b)
Is formed specifically to do all of the following:
1.
Create a centralized claims repository for this state with credible and useful data elements for the purposes of quality improvement, health care provider performance comparisons, ready understandability, and consumer decision making.
2.
Use the information it collects to develop and disseminate unified public reports on health care quality, safety, and efficiency.
(4)
“Department" means the department of health services.
(4h)
“Employer coalition" means an organization of employers formed for the purpose of purchasing health care coverage or services as a group.
(4j)
“Entity" means a nonstock corporation organized under ch. 181 that is described in section 501 (c) (6) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code, and that does all of the following:
(a)
Represents at least 70 percent of the hospitals in Wisconsin.
(b)
Receives oversight with respect to services performed by the entity under this subchapter from the secretary of health services.
(4p)
“Health care plan" means an insured or self-insured plan providing coverage of health care expenses or an employer coalition.
(4t)
“Health care provider" has the meaning given in s. 146.81 (1) (a) to (p) and includes an ambulatory surgery center.
(5)
“Hospital" has the meaning given under s. 50.33 (2).
(5m)
“Insurer" has the meaning given under s. 632.745 (15).
(7)
“Patient" means a person who receives health care services from a health care provider.
(8)
“Payer" means a 3rd-party payer, including an insurer, federal, state or local government or another who is responsible for payment of a hospital charge.
(8m)
“Public health authority" means the department or a person acting under this subchapter under a grant of authority from or contract with the department.
History:  1987 a. 399; 1993 a. 16, 185, 491; 1997 a. 27, 231; 1999 a. 9 s. 2280ge; 1999 a. 32; 2003 a. 33; 2005 a. 228, 253; 2007 a. 20 s. 9121 (6) (a); 2009 a. 28, 274.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.08 - Hospital rate increases or charges in excess of rates.

153.08
Hospital rate increases or charges in excess of rates.
(1)
In this section:
(a)
“Consumer price index" has the meaning given in s. 16.004 (8) (e) 1.
(b)
Notwithstanding s. 153.01 (5), “hospital" has the meaning given in s. 50.33 (2), except that “hospital" does not include a center for the developmentally disabled as defined in s. 51.01 (3).
(c)
“Rates" means individual charges of a hospital for the services that it provides.
(2)
No hospital may increase its rates or charge any payer an amount exceeding its rates that are in effect on May 12, 1992, unless the hospital first causes to be published a class 1 notice under ch. 985 in a newspaper likely to give notice in the area where the hospital is located, no sooner than 45 days and no later than 30 days before the proposed rate change is to take effect. The notice shall describe the proposed rate change.
(3)
This section does not apply to a hospital that proposes to increase its rates during the course of the hospital's fiscal year by any amount or amounts that, in the aggregate, do not exceed the percentage amount that is the percentage difference between the consumer price index reported for the 12-month period ending on December 31 of the preceding year and the consumer price index reported for the 12-month period ending on December 31 of the year prior to the preceding year.
(4)
A hospital shall publish a class 1 notice under ch. 985 at least 10 days prior to the institution by the hospital of a rate increase.
(5)
The entity under contract under s. 153.05 (2m) (a) shall annually publish a hospital rate increase report that contains all of the following information:
(a)
For each hospital that publishes a notice under sub. (4), all of the following:
1.
The name of the hospital and the city, village, or town in which the hospital is located.
2.
The date the rate increase is to take effect.
3.
The annualized percentage rate increase that will result.
4.
The geographic area of analysis in which the hospital is located.
(b)
A list of hospitals that have closed since 1993.
History:  1993 a. 16 ss. 2644 to 2646; 1993 a. 104 ss. 3, 5m, 7, 8, 9; 1993 a. 491; 1997 a. 27, 231; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.10 - Health care data reports.

153.10
Health care data reports.
(1)
Subject to s. 153.455, the department shall prepare, and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), standard reports concerning health care providers other than hospitals and ambulatory surgery centers that the department prepares and shall collect information necessary for preparation of those reports. If s. 153.455 (4) applies, the department shall include in the reports under this subsection reports concerning any health care claims information the department collects or contracts to collect under s. 153.05.
(2)
The entity under contract under s. 153.05 (2m) (a) shall prepare, and submit to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), standard reports concerning hospitals and ambulatory surgery centers that the entity prepares and shall collect information necessary for preparation of those reports.
History:  1987 a. 399; 1997 a. 27, 231; 2003 a. 33; 2005 a. 228.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.20 - Uncompensated health care services report.

153.20
Uncompensated health care services report.
(1)
The entity under contract under s. 153.05 (2m) (a) shall prepare, and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), an annual report setting forth the number of patients to whom uncompensated health care services were provided by each hospital and the total charges for the uncompensated health care services provided to the patients for the preceding year, together with the number of patients and the total charges that were projected by the hospital for that year in the plan filed under sub. (2).
(2)
Every hospital shall file with the entity under contract under s. 153.05 (2m) (a) an annual plan setting forth the projected number of patients to whom uncompensated health care services will be provided by the hospital and the projected total charges for the uncompensated health care services to be provided to the patients for the ensuing year.
History:  1987 a. 399; 1989 a. 18; 1997 a. 27, 231; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.21 - Consumer guide; list for hospital charge disclosures.

153.21
Consumer guide; list for hospital charge disclosures.
(1)
The department shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) an annual guide to assist consumers in selecting health care providers and health care plans. The guide shall be written in language that is understandable to laypersons. The department shall widely publicize and distribute the guide to consumers.
(2)
The entity under contract under s. 153.05 (2m) (a) shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) an annual guide to assist consumers in selecting hospitals and ambulatory surgery centers. The guide shall be written in language that is understandable to laypersons and shall include data derived from the annual survey of hospitals conducted by the American Hospital Association and the annual hospital fiscal survey. The entity shall widely publicize and distribute the guide to consumers.
(3)
The entity under contract under s. 153.05 (2m) (a) shall, using data collected under s. 153.05 (1) (b), annually identify the 75 diagnosis related groups for which hospitals in this state most frequently provide inpatient care and the 75 outpatient surgical procedures most frequently performed by hospitals in this state, and shall distribute a list of the identified diagnosis related groups and surgical procedures to all hospitals in the state and to the department.
History:  1997 a. 231; 2003 a. 33; 2009 a. 146.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.22 - Patient-level data utilization, charge, and quality report.

153.22
Patient-level data utilization, charge, and quality report.
The entity under contract under s. 153.05 (2m) (a) shall prepare and submit to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), an annual report that summarizes utilization, charge, and quality data on patients treated by hospitals and ambulatory surgery centers during the most recent calendar year.
History:  2003 a. 33; 2005 a. 228.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.23 - Public health emergency dashboard.

153.23
Public health emergency dashboard.
(1)
In this section, “public health emergency related to the 2019 novel coronavirus” means the period covered by any of the following:
(a)
The national emergency declared by the U.S. president under 50 USC 1621 on March 13, 2020, in response to the 2019 novel coronavirus.
(b)
The public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services on January 31, 2020, in response to the 2019 novel coronavirus.
(c)
The state of emergency related to public health declared under s. 323.10 on March 12, 2020, by executive order 72.
(2)
During the public health emergency related to the 2019 novel coronavirus, the entity under contract under s. 153.05 (2m) (a) shall prepare and publish a public health emergency dashboard using health care emergency preparedness program information collected by the state from acute care hospitals. A dashboard published under this section shall include information to assist emergency response planning activities. For purposes of this section, the entity and the department shall enter into a data use agreement and mutually agree to the health care emergency preparedness program information the department will provide to the entity, the information the entity will include in the dashboard, any publication schedule, and any other terms considered necessary by the entity or the department.
History:  2019 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.455 - Data organization; contract contingency.

153.455
Data organization; contract contingency.
(1)
Except as provided in subs. (2), (3), and (4), beginning on the date, if any, that is 60 days after the contract under s. 153.05 (2r) takes effect, the department shall cease collecting, for calendar quarters that occur after that date, health care information as specified under s. HFS 120.14 (1), 2005 Wis. Adm. Code, in effect on April 13, 2006.
(2)
Subsection (1) does not apply to ss. 153.21 (1) and 153.60.
(3)
Beginning on the date, if any, that the secretary of health services and the secretary of employee trust funds determine that the data organization is not in compliance with the contract under s. 153.05 (2r) with respect to the performance of the collection and public reporting of information regarding the cost, quality, and effectiveness of health care, including the development and maintenance of a centralized data repository, or determine that there is insufficient statewide participation under the requirements of the contract, the secretaries may modify or terminate the contract. If the secretaries terminate the contract, they shall recommend to the department of administration that that department use a competitive request-for-proposal process to solicit offers from other organizations for performance of the services required of the data organization under the terminated contract. If no organization responds to the request for proposals or if a successor contract cannot be achieved, sub. (4) applies.
(4)
If the contract with the data organization is terminated under sub. (3) and no organization responds to the request for proposals or a successor contract cannot be achieved, the department, in its capacity as a public health authority, shall collect health care information, including as specified under s. HFS 120.14 (1), Wis. Adm. Code, in effect on April 13, 2006, and may request health care claims information, which may be voluntarily provided by insurers or administrators, under this subchapter; shall analyze and disseminate, or contract for the performance of analysis and dissemination of, the health care information; and may analyze and disseminate, or may contract for the performance of analysis and dissemination of, the health care claims information.
History:  2005 a. 228; 2007 a. 20 s. 9121 (6) (a); 2009 a. 274; 2017 a. 366.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.55 - Protection of confidentiality.

153.55
Protection of confidentiality.
Data obtained under this subchapter is not subject to inspection, copying or receipt under s. 19.35 (1).
History:  1997 a. 231; 1999 a. 9; 2009 a. 274.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.60 - Department expenditure estimate.

153.60
Department expenditure estimate.
Subject to s. 153.455, the department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this subchapter for the department for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and contracting with the data organization under s. 153.05 (2r).
History:  1987 a. 399; 1989 a. 18, 56; 1991 a. 178; 1993 a. 16; 1997 a. 27, 231, 237; 1999 a. 9, 185, 186; 2003 a. 33; 2005 a. 25, 228; 2009 a. 274; 2011 a. 32; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.65 - Provision of special information; user fees.

153.65
Provision of special information; user fees.
(1)
Subject to s. 153.455, the department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (1) (hi).
(2)
Beginning January 1, 2004, unless the entity under contract under s. 153.05 (2m) (a) otherwise agrees and except as provided in s. 153.46 (6), the entity has the exclusive right to use and to provide for a fee, upon request from a person, a data compilation or a special report based on the information concerning hospitals and ambulatory surgery centers that is collected by the entity or provided by the department to the entity. Subject to approval under s. 153.01 (4j) (b), the entity shall establish reasonable and necessary user fees for the provision of a compilation or report, payable by the requester, which shall be sufficient to fund the cost of the compilation or report. The entity may retain all user fees paid under this subsection.
History:  1987 a. 399; 1993 a. 16, 104; 1997 a. 27, 231; 1999 a. 9; 2003 a. 33; 2005 a. 25, 228.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.76 - Civil liability.

153.76
Civil liability.
Except as provided in s. 153.77, any person violating s. 153.50 or rules promulgated under s. 153.75 (1) (a) is 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.
History:  1987 s. 399; 1999 a. 9; 2009 a. 274 s. 37; Stats. 2009 s. 153.76.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.77 - Immunity from liability.

153.77
Immunity from liability.
(1)
A health care provider that submits information to the department under this subchapter is immune from civil liability for all of the following:
(a)
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.
(b)
Any act or omission of the department that results in the release of data.
(2)
The immunity provided under this section does not apply to intentional, willful or reckless acts or omissions by health care providers.
History:  1999 a. 9; 2009 a. 274 s. 38; Stats. 2009 s. 153.77.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.78 - Penalties.

153.78
Penalties.
(1)
Whoever intentionally violates s. 153.45 (5) or 153.50 or rules promulgated under s. 153.75 (1) (a) may be fined not more than $15,000 or imprisoned for not more than one year in the county jail or both.
(2)
Any person who violates this subchapter or any rule promulgated under the authority of this subchapter, except ss. 153.45 (5), 153.50 and 153.75 (1) (a), as provided in s. 153.76 and sub. (1), shall forfeit not more than $100 for each violation. Each day of violation constitutes a separate offense, except that no day in the period between the date on which a request for a hearing is filed under s. 227.44 and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this section constitutes a violation.
(3)
The department may directly assess forfeitures under sub. (2). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute or rule and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44.
History:  1987 a. 399; 1989 a. 18; 1993 a. 16; 1997 a. 27, 231; 1999 a. 9; 2009 a. 274 s. 39; Stats. 2009 s. 153.78.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.80 - Definitions.

153.80
Definitions.
In this subchapter:
(1)
“Department" means the department of health services.
(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.
(3)
“Secretary" means the secretary of health services.
(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.
History:  2009 a. 274.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.82 - Creation of corporation.

153.82
Creation of corporation.
(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).
(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.
(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.
History:  2009 a. 274.
2023 Wisconsin Statutes & Annotations › Chapter 153 - Health care information. › 153.89 - Reports; opioid and methamphetamine data system.

153.89
Reports; opioid and methamphetamine data system.
By January 31, 2024, and annually thereafter, the department of administration shall submit a report to the joint committee on finance summarizing the information from the opioid and methamphetamine data system under s. 153.87 (1) and analyzing trends in that information across years of data collection.
History:  2021 a. 181.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.01 - Definitions.

154.01
Definitions.
In this chapter:
(1g)
“Advanced practice registered nurse” means a nurse licensed under ch. 441 who is currently certified by a national certifying body approved by the board of nursing as a nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist, or clinical nurse specialist.
(1r)
“Attending health care professional" means a health care professional who has primary responsibility for the treatment and care of the patient.
(2g)
“Department" means the department of health services.
(3)
“Health care professional" means any of the following:
(a)
A physician licensed under ch. 448.
(b)
A physician assistant licensed under ch. 448.
(c)
An advanced practice registered nurse.
(4)
“Inpatient health care facility" has the meaning provided under s. 50.135 (1) and includes community-based residential facilities, as defined in s. 50.01 (1g).
(5)
“Life-sustaining procedure" means any medical procedure or intervention that, in the judgment of the attending health care professional, would serve only to prolong the dying process but not avert death when applied to a qualified patient. “Life-sustaining procedure" includes assistance in respiration, artificial maintenance of blood pressure and heart rate, blood transfusion, kidney dialysis and other similar procedures, but does not include:
(a)
The alleviation of pain by administering medication or by performing any medical procedure.
(b)
The provision of nutrition or hydration.
(5m)
“Persistent vegetative state" means a condition that reasonable medical judgment finds constitutes complete and irreversible loss of all of the functions of the cerebral cortex and results in a complete, chronic and irreversible cessation of all cognitive functioning and consciousness and a complete lack of behavioral responses that indicate cognitive functioning, although autonomic functions continue.
(8)
“Terminal condition" means an incurable condition caused by injury or illness that reasonable medical judgment finds would cause death imminently, so that the application of life-sustaining procedures serves only to postpone the moment of death.
History:  1983 a. 202; 1985 a. 199; 1987 a. 161 s. 13m; 1991 a. 84; 1993 a. 27; 1995 a. 27 s. 9126 (19); 1995 a. 168, 200; 2007 a. 20 s. 9121 (6) (a); 2019 a. 90, 100; 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.02 - Definitions.

154.02
Definitions.
In this subchapter:
(1)
“Declaration" means a written, witnessed document voluntarily executed by the declarant under s. 154.03 (1), but is not limited in form or substance to that provided in s. 154.03 (2).
(2)
“Feeding tube" means a medical tube through which nutrition or hydration is administered into the vein, stomach, nose, mouth or other body opening of a qualified patient.
(3)
“Qualified patient" means a declarant who has been diagnosed and certified in writing to be afflicted with a terminal condition or to be in a persistent vegetative state by 2 health care professionals, one of whom is the attending health care professional and one of whom is a physician, who have personally examined the declarant.
History:  1995 a. 200; 2019 a. 90.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.05 - Revocation of declaration.

154.05
Revocation of declaration.
(1)
Method of revocation. A declaration may be revoked at any time by the declarant by any of the following methods:
(a)
By being canceled, defaced, obliterated, burned, torn or otherwise destroyed by the declarant or by some person who is directed by the declarant and who acts in the presence of the declarant.
(b)
By a written revocation of the declarant expressing the intent to revoke, signed and dated by the declarant.
(c)
By a verbal expression by the declarant of his or her intent to revoke the declaration. This revocation becomes effective only if the declarant or a person who is acting on behalf of the declarant notifies the attending health care professional of the revocation.
(d)
By executing a subsequent declaration.
(2)
Recording the revocation. The attending health care professional shall record in the patient's medical record the time, date and place of the revocation and the time, date and place, if different, that he or she was notified of the revocation.
History:  1983 a. 202; 1995 a. 168; 2019 a. 90.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.07 - Duties and immunities.

154.07
Duties and immunities.
(1)
Liability.
(a)
No health care professional, inpatient health care facility, or person who is licensed, certified, or registered under ch. 441, 448, or 455 or holds a compact privilege under subch. XI of ch. 448 and who is acting under the direction of a health care professional may be held criminally or civilly liable, or charged with unprofessional conduct, for any of the following:
NOTE: The cross-reference to subch. XI of ch. 448 was changed from subch. X of ch. 448 by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of subch. X of ch. 448.
1.
Participating in the withholding or withdrawal of life-sustaining procedures or feeding tubes under this subchapter.
2.
Failing to act upon a revocation unless the person or facility has actual knowledge of the revocation.
3.
Failing to comply with a declaration, except that failure by a health care professional to comply with a declaration of a qualified patient constitutes unprofessional conduct if the health care professional refuses or fails to make a good faith attempt to transfer the qualified patient to another health care professional who will comply with the declaration.
(b)
1.
No person who acts in good faith as a witness to a declaration under this subchapter may be held civilly or criminally liable for participating in the withholding or withdrawal of life-sustaining procedures or feeding tubes under this subchapter.
2.
Subdivision 1. does not apply to a person who acts as a witness in violation of s. 154.03 (1).
(c)
Pars. (a) and (b) apply to acts or omissions in connection with a provision of a document that is executed in another jurisdiction if the provision is valid and enforceable under s. 154.11 (9).
(2)
Effect of declaration. The desires of a qualified patient who is competent supersede the effect of the declaration at all times. If a qualified patient is adjudicated incompetent at the time of the decision to withhold or withdraw life-sustaining procedures or feeding tubes, a declaration executed under this subchapter is presumed to be valid. The declaration of a qualified patient who is diagnosed as pregnant by the attending health care professional has no effect during the course of the qualified patient's pregnancy. For the purposes of this subchapter, a health care professional or inpatient health care facility may presume in the absence of actual notice to the contrary that a person who executed a declaration was of sound mind at the time.
History:  1983 a. 202; 1991 a. 84; 1995 a. 200; 2003 a. 290; 2005 a. 387; 2019 a. 90; 2021 a. 23; 2021 a. 240 s. 30; s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.13 - Filing declaration.

154.13
Filing declaration.
(1)
A declarant or an individual authorized by the declarant may, for a fee, file the declarant's declaration, for safekeeping, with the register in probate of the county in which the declarant resides.
(2)
If a declarant or authorized individual has filed the declarant's declaration as specified in sub. (1), the following persons may have access to the declaration without first obtaining consent from the declarant:
(a)
The individual authorized by the declarant.
(b)
A health care provider who is providing care to the declarant.
(c)
The court and all parties involved in proceedings in this state for adjudication of incompetency and appointment of a guardian for the declarant, for emergency detention under s. 51.15, for involuntary commitment under s. 51.20, or for protective placement or protective services under ch. 55.
(d)
Any person under the order of a court for good cause shown.
(3)
Failure to file a declaration under sub. (1) creates no presumption about the intent of an individual with regard to his or her health care decisions.
History:  1991 a. 281; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.15 - Penalties.

154.15
Penalties.
(1)
Any person who intentionally conceals, cancels, defaces, obliterates or damages the declaration of another without the declarant's consent may be fined not more than $500 or imprisoned not more than 30 days or both.
(2)
Any person who, with the intent to cause a withholding or withdrawal of life-sustaining procedures or feeding tubes contrary to the wishes of the declarant, illegally falsifies or forges the declaration of another or conceals a declaration revoked under s. 154.05 (1) (a) or (b) or any person who intentionally withholds actual knowledge of a revocation under s. 154.05 is guilty of a Class F felony.
History:  1983 a. 202; 1985 a. 199; 1991 a. 84; 1995 a. 168; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.17 - Definitions.

154.17
Definitions.
In this subchapter:
(1)
“Do-not-resuscitate bracelet" means a standardized identification bracelet that meets the specifications established under s. 154.27 (1), or that is approved by the department under s. 154.27 (2), that bears the inscription “Do Not Resuscitate" and signifies that the wearer is a qualified patient who has obtained a do-not-resuscitate order and that the order has not been revoked.
(2)
“Do-not-resuscitate order" means a written order issued under the requirements of this subchapter that directs emergency medical services practitioners, emergency medical responders, and emergency health care facilities personnel not to attempt cardiopulmonary resuscitation on a person for whom the order is issued if that person suffers cardiac or respiratory arrest.
(2r)
“Emergency medical responder" has the meaning given under s. 256.01 (4p).
(3)
“Emergency medical services practitioner" has the meaning given under s. 256.01 (5).
(4)
“Qualified patient" means a person who has attained the age of 18 and to whom any of the following conditions applies:
(a)
The person has a terminal condition.
(b)
The person has a medical condition such that, were the person to suffer cardiac or pulmonary failure, resuscitation would be unsuccessful in restoring cardiac or respiratory function or the person would experience repeated cardiac or pulmonary failure within a short period before death occurs.
(c)
The person has a medical condition such that, were the person to suffer cardiac or pulmonary failure, resuscitation of that person would cause significant physical pain or harm that would outweigh the possibility that resuscitation would successfully restore cardiac or respiratory function for an indefinite period of time.
(5)
“Resuscitation" means cardiopulmonary resuscitation or any component of cardiopulmonary resuscitation, including cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, defibrillation, administration of cardiac resuscitation medications and related procedures. “Resuscitation" does not include the Heimlich maneuver or similar procedure used to expel an obstruction from the throat.
History:  1995 a. 200; 1997 a. 27; 1999 a. 9; 2007 a. 130; 2017 a. 12.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.21 - Revocation of do-not-resuscitate order.

154.21
Revocation of do-not-resuscitate order.
(1)
Method of revocation. A patient may revoke a do-not-resuscitate order at any time by any of the following methods:
(a)
The patient expresses to an emergency medical services practitioner, to an emergency medical responder, or to a person who serves as a member of an emergency health care facility's personnel the desire to be resuscitated. The emergency medical services practitioner, emergency medical responder, or the member of the emergency health care facility shall promptly remove the do-not-resuscitate bracelet.
(b)
The patient defaces, burns, cuts or otherwise destroys the do-not-resuscitate bracelet.
(c)
The patient removes the do-not-resuscitate bracelet or another person, at the patient's request, removes the do-not-resuscitate bracelet.
(2)
Recording the revocation. The attending health care professional shall be notified as soon as practicable of the patient's revocation and shall record in the patient's medical record the time, date and place of the revocation, if known, and the time, date and place, if different, that he or she was notified of the revocation. A revocation under sub. (1) is effective regardless of when the attending health care professional has been notified of that revocation.
History:  1995 a. 200; 2017 a. 12; 2019 a. 90.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.225 - Guardians and health care agents.

154.225
Guardians and health care agents.
(1)
In this section:
(a)
“Guardian" has the meaning given in s. 51.40 (1) (f).
(b)
“Health care agent has the meaning given in s. 155.01 (4).
(c)
“Incapacitated" has the meaning given in s. 50.06 (1).
(2)
The guardian or health care agent of an incapacitated qualified patient may request a do-not-resuscitate order on behalf of that incapacitated qualified patient and consent to the order and sign it after receiving the information specified in s. 154.19 (2) (a). The guardian or health care agent of an incapacitated qualified patient may revoke a do-not-resuscitate order on behalf of the incapacitated qualified patient by any of the following methods:
(a)
The guardian or health care agent directs an emergency medical services practitioner, an emergency medical responder, or a person who serves as a member of an emergency health care facility's personnel to resuscitate the patient. The emergency medical services practitioner, the emergency medical responder, or the member of the emergency health care facility shall promptly remove the do-not-resuscitate bracelet.
(b)
The guardian or health care agent defaces, burns, cuts or otherwise destroys the do-not-resuscitate bracelet.
(c)
The guardian or health care agent removes the do-not-resuscitate bracelet.
History:  1997 a. 27; 2017 a. 12.
2023 Wisconsin Statutes & Annotations › Chapter 154 - Advance directives. › 154.23 - Liability.

154.23
Liability.
No physician, emergency medical services practitioner, emergency medical responder, health care provider, as defined in s. 146.81 (1), or emergency health care facility may be held criminally or civilly liable, or charged with unprofessional conduct, for any of the following:
(1)
Under the directive of a do-not-resuscitate order, withholding or withdrawing, or causing to be withheld or withdrawn, resuscitation from a patient.
(2)
Failing to act upon the revocation of a do-not-resuscitate order unless the person or facility had actual knowledge of the revocation.
(3)
Failing to comply with a do-not-resuscitate order if the person or facility did not have actual knowledge of the do-not-resuscitate order or if the person or facility in good faith believed that the order had been revoked.
History:  1995 a. 200; 2017 a. 12; 2019 a. 90.