310                        WISCONSIN BLUE BOOK 1985-1986

other state agencies whose regulatory roles include supervision of products
or activities which
may affect groundwater quality. Provision for the enforcement of these standards
and for
groundwater monitoring are also included.
   2. The act creates a compensation program for persons whose wells are
contaminated. This
 program may provide compensation for 80% of eligible costs up to a maximum
of $9,600.
   3. The act creates a laboratory certification program for laboratories
which submit certain
 tests and evaluations to DNR.
   4. The act creates a groundwater fund to finance the establishment of
groundwater standards,
 monitoring and certain clean-up activities and creates an environmental
repair fund to provide
 for remedial action at various waste facilities, for hazardous substances
spill sites and for the
 abandoned container program.
   5. The act creates several new regulatory programs to control substances
and activities which
 may contaminate groundwater, such as fertilizers, pesticides, highway salt,
flammable and com-
 bustible liquids, septage and petroleum tanks.
   6. The act creates a Fox River Management Commission and a scenic urban
waterways
 program.

                                           Health
   Act 27 (SB-83) creates a 3-member Hospital Rate-Setting Commission to
replace the volun-
 tary Wisconsin hospital rate review program. An 11-member advisory council
is attached to the
 commission. The act authorizes the commission to establish and enforce maximum
rates that a
 hospital can charge on a prospective basis. The act allows each hospital
to request rate changes
 annually and requires each hospital to.submit its proposed financial requirements
and any re-
 quested information at that time. The act requires the commission to review
and evaluate each
 hospital's proposed financial requirements and rate request in light of
a variety of standards,
 including comparisons with prudently administered hospitals of similar size
or providing similar
 services, the special circumstances of rural hospitals and teaching hospitals,
and the past budget
 and rate experience of the hospital that submits the rate request. The commission
may disallow
 elements of a hospital's proposed financial requirements and must establish
maximum rates for
 the hospital.
 The act requires hospitals to charge no more than the maximum rates established
by the previ-
 ous voluntary program beginning July 2, 1983, and to charge no more than
the maximum rates
 established by the commission beginning January 1, 1985.
 Act 202 (AB-513) enables an adult person to execute a declaration authorizing
the withhold-
 ing or withdrawal of life-sustaining procedures when the person is in a
terminal condition. Life-
 sustaining procedures do not include medical procedures to alleviate pain
or provide nutritional
 support. A terminal condition is an incurable condition that reasonable
medical judgment finds
 would cause death within 30 days, regardless of the application of life-sustaining
procedures. A
 declaration takes effect on the date of execution and expires 5 years later.
A declaration is not
 valid during the period of a diagnosed pregnancy and may be revoked by the
declarant at any
 time.
 The act relieves health care professionals from civil and criminal liability
and from charges of
 unprofessional conduct for actions taken in accordance with the provisions
of a declaration.
 The act provides that the execution or implementation of a declaration does
not constitute sui-
 cide and that the execution or implementation may not be used to affect
the terms or procure-
 ment of any life or health insurance policy. The act does not impair or
supersede any other legal
 right or responsibility a person has to withhold or withdraw life-sustaining
procedures.
 The act makes it a misdemeanor to conceal or damage a person's declaration
and a felony to
 intentionally falsify or forge the declaration of another or to withhold
knowledge of a revocation
 if the action causes life-sustaining procedures to be withheld or withdrawn.
 Act 211 (SB-80) prohibits smoking in public conveyances, educational facilities,
inpatient
health care facilities, indoor movie theaters, public offices, passenger
elevators, restaurants with a
seating capacity of more than 50 persons, retail establishments, public waiting
rooms and any
state, county, city, village or town building, with certain exceptions. The
exceptions include
offices occupied exclusively by smokers, entire rooms or halls used for private
functions, prisons,