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Code · Wisconsin · Chapter 146 — Miscellaneous health provisions

146.904 Hospital price transparency.

564 words·~3 min read·/wi/chapter-146/146-904-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

146.904 Hospital price transparency.
(1)In this section, “federal hospital price transparency regulations” means the federal regulations set forth in 45 CFR part 180 .
(2)If the federal hospital price transparency regulations are repealed in their entirety, and no substantively similar federal regulations are created to replace the repealed regulations, then all of the following apply:
(a)The department shall promulgate and enforce, through administrative rule, the version of the federal hospital price transparency regulations as they existed upon their full repeal as the state hospital price transparency rule.
(b)In promulgating and enforcing a rule under par.
(a), the department shall not substantively deviate from the version of the federal hospital price transparency regulations as they existed upon their full repeal. The department shall monitor each hospital’s compliance with a rule promulgated and enforced under par.
(a)using any of the following methods:
1. Evaluating complaints made to the department regarding noncompliance.
2. Reviewing any analysis prepared regarding noncompliance.
3. Auditing the websites of hospitals for noncompliance.
(c)The department shall create and maintain on its website a publicly available list of any hospital that has been found to have been in violation of any rule promulgated under par.
(a), including the dates that the hospital was not in compliance, that has been issued a penalty relating to a violation of a rule promulgated under par.
(a), or that has been sent, as the communication relates to a rule promulgated under par.
(a), a warning notice, request for a corrective action plan, or any other written communication from the department.
(3)Notwithstanding sub.
(2), if 45 CFR 180.60 is repealed in its entirety, and no substantively similar federal regulation is created to replace the repealed regulation, then all of the following apply:
(a)The department shall promulgate and enforce, through administrative rule, the version of 45 CFR 180.60 as it existed upon its full repeal as the state rule.
(b)In promulgating and enforcing a rule under par.
(a), the department shall not substantively deviate from the version of 45 CFR 180.60 as it existed upon its full repeal. The department shall monitor each hospital’s compliance with a rule promulgated and enforced under par.
(a)using any of the following methods:
1. Evaluating complaints made to the department regarding noncompliance.
2. Reviewing any analysis prepared regarding noncompliance.
3. Auditing the websites of hospitals for noncompliance.
(c)The department shall create and maintain on its website a publicly available list of any hospital that has been found to have been in violation of any rule promulgated under par.
(a), including the dates that the hospital was not in compliance, that has been issued a penalty relating to a violation of a rule promulgated under par.
(a), or that has been sent, as the communication relates to a rule promulgated under par.
(a), a warning notice, request for a corrective action plan, or any other written communication from the department.
(4)Annually, the department shall review federal enforcement of the federal hospital price transparency regulations. If the department determines that the federal agency responsible for enforcing the federal hospital price transparency regulations is not enforcing the federal hospital price transparency regulations, the department shall prepare a report of its findings to be distributed to the legislature in the manner provided in s. 13.172
(2).
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