AB366, s. 3 3Section 3. 20.435 (4) (b) of the statutes is amended to read:
AB366,5,204 20.435 (4) (b) Medical assistance program benefits. Biennially, the amounts in
5the schedule to provide the state share of medical assistance program benefits
6administered under s. 49.45, to provide medical assistance program benefits
7administered under s. 49.45 that are not also provided under par. (o), to fund the pilot
8project under s. 46.27 (9) and (10), to provide the facility payments under 1999
9Wisconsin Act 9
, section 9123 (9m), to fund services provided by resource centers
10under s. 46.283 and for, to fund services under the family care benefit under s. 46.284
11(5), and to provide coverage for topical fluoride varnish under 2001 Wisconsin Act ....
12(this act), section 11
. Notwithstanding s. 20.002 (1), the department may transfer
13from this appropriation to the appropriation under sub. (7) (kb) funds in the amount
14of and for the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and
1520.002 (1), the department may credit or deposit into this appropriation and may
16transfer between fiscal years funds that it transfers from the appropriation under
17sub. (7) (kb) for the purposes specified in s. 46.485 (3r). Notwithstanding s. 20.002
18(1), the department may transfer from this appropriation to the appropriation
19account under sub. (7) (bd) funds in the amount and for the purposes specified in s.
2049.45 (6v).
AB366, s. 4 21Section 4 . 20.435 (5) (h) of the statutes is created to read:
AB366,5,2322 20.435 (5) (h) Community water fluoridation. The amounts in the schedule for
23community water fluoridation grants under s. 250.13.
AB366, s. 5
1Section 5. 49.45 (2) (a) 25. of the statutes is created to read:
AB366,6,72 49.45 (2) (a) 25. Disseminate to health care professionals providing services
3under the early and periodic screening, diagnosis and treatment program under 42
4CFR 441
, and to parents or guardians of children eligible for services under the
5program, information on the availability of, and coverage for, topical fluoride varnish
6under that program and on the efficacy of topical fluoride varnish treatments in
7preventing early childhood caries.
Note: Requires DHFS to disseminate information to health care professionals
providing services under the EPSDT program regarding fluoride varnish.
AB366, s. 6 8Section 6. 49.46 (2) (b) 1m. of the statutes is created to read:
AB366,6,109 49.46 (2) (b) 1m. Dental hygienists' services, limited to services that are
10payable under subd. 1. and that are within the scope of practice of a dental hygienist.
Note: Provides for reimbursement under the MA program, of dental hygienists'
services, limited to those dental services currently payable under the MA program and
that are within the scope of practice of a dental hygienist.
AB366, s. 7 11Section 7 . 250.13 of the statutes is created to read:
AB366,6,14 12250.13 Community water fluoridation grants. From the appropriation
13under s. 20.435 (5) (h), the department shall award grants each year to applying
14communities for any of the following purposes:
AB366,6,15 15(1) Purchase of water fluoridation equipment.
AB366,6,17 16(2) Construction of additional building space to house water fluoridation
17equipment.
AB366,6,19 18(3) Payment of salaries of employees who operate water fluoridation
19equipment.
Note: Sections 1 , 4, and 7 of this bill provide $25,000 GPR in each year of the
2001-03 biennium for a community water fluoridation grant program. The grants may
be used for: (a) purchase of water fluoridation equipment; (b) construction of additional
building space to house water fluoridation equipment; and (c) payment of salaries of
employees who operate water fluoridation equipment.
AB366, s. 8
1Section 8 . 250.15 (1) of the statutes is renumbered 250.15 (1) (intro.) and
2amended to read:
AB366,7,53 250.15 (1) Definitions. (intro.) In this section, "community: (a) "Community
4health center" means a health care entity that provides primary health care, health
5education, and social services to low-income individuals.
AB366, s. 9 6Section 9 . 250.15 (1) (b) of the statutes is created to read:
AB366,7,97 250.15 (1) (b) "Qualified applicant" means an entity that provides, or seeks to
8provide, dental care services to low-income individuals and that does not receive a
9federal grant under 42 USC 254b (c), (g), or (h).
AB366, s. 10 10Section 10 . 250.15 (2) (d) of the statutes is created to read:
AB366,7,1711 250.15 (2) (d) From the appropriation under s. 20.435 (5) (fh), the department
12shall distribute to qualified applicants grants totaling $1,600,000 in fiscal year
132001-02 and $1,600,000 in fiscal year 2002-03 to enable the applicants to provide
14or expand provision of dental care services. The department shall give preference
15for grants to qualified applicants that are located in dental health professional
16shortage areas, as designated under 42 CFR part V, appendix B. Applicants who
17receive grants under this paragraph shall do all of the following:
AB366,7,2118 1. Make every attempt to collect appropriate reimbursement for its costs in
19providing dental services to persons who are eligible for and receiving badger care
20health care, medical assistance, or assistance for medical expenses under any other
21public assistance program or have coverage under a private insurance program.
AB366,8,222 2. Prepare and utilize a fee schedule for the provision of its services consistent
23with locally prevailing charges that is designed to cover its reasonable costs of
24operation and prepare a corresponding schedule of discounts to be applied to the

1payment of such fees. The discounts shall be adjusted on the basis of the patient's
2ability to pay.
AB366,8,63 3. Establish a governing board that, except in the case of an applicant that is
4an Indian tribe or band, is composed of individuals who are representative of persons
5served by the applicant and a majority of whom are being served by the applicant.
6The board shall be responsible for the following:
AB366,8,77 a. Establishing policies surrounding the entity's program operations.
AB366,8,88 b. Holding regularly scheduled meetings and keeping minutes of the meetings.
AB366,8,109 c. Approving the selection or dismissal of an entity's director or chief executive
10officer.
AB366,8,1311 d. Establishing personnel policies and procedures, including employee
12selection and dismissal procedures, salary and benefit scales, employee grievance
13procedures, and equal opportunity practices.
AB366,8,1714 e. Adopting policies for financial management practices, including a system to
15ensure accountability for resources, approval of the annual budget, priorities,
16eligibility for services, including criteria for the fee schedule under subd. 2., and
17long-range financial planning.
AB366,8,2018 f. Evaluating the entity's activities including service utilization patterns,
19productivity, patient satisfaction, achievement of objectives, and development of a
20process for hearing and resolving patient grievances.
AB366,8,2221 g. Ensuring that the entity is operated in compliance with applicable federal,
22state, and local laws.
AB366,8,2423 h. Adopting health care policies including scope and availability of services,
24location, hours of services, and quality of care audit procedures.
AB366,9,2
14. Use any funds provided under this paragraph to supplement, and not
2supplant, other funds that are or may be available to the entity.
AB366,9,53 5. Implement a patient screening process to determine patient eligibility for
4medical assistance, badger care health care, and the payment schedule under subd.
52.
AB366,9,86 6. Provide oral health education in programs operated by and affiliated with
7the department, including the special supplemental food program for women,
8infants, and children and head start.
AB366,9,119 7. Provide dental screening, risk assessments, and preventive dental
10treatment to pregnant women; infants; preschoolers; persons with diabetes, heart
11disease, or lung disease; and persons using psychotropic medication.
Note: Sections 8 , 9, and 10 provide $1,600,000 GPR in each fiscal year of the
2001-03 biennium for grants for the provision of dental care services by entities to
provide or expand dental services to low-income individuals. Among other requirements,
the recipients of funds under this program must implement a sliding fee scale for their
patients, and must also be governed by a board representative of persons served by the
entity.
AB366, s. 11 12Section 11 . Nonstatutory provisions; health and family services. In
13state fiscal years 2001-02 and 2002-03, from the appropriation under section 20.435
14(4) (b) of the statutes, as affected by this act, the department of health and family
15services shall provide medical assistance coverage under the early and periodic
16screening, diagnosis and treatment program under 42 CFR 441 for topical fluoride
17varnish, for the purpose of preventing early childhood caries in eligible children 0 to
1860 months of age, when rendered by health care professionals providing services
19under the program and acting within their scope of practice and licensure. The
20department shall promulgate rules relating to coverage of fluoride varnish
21treatments under the early and periodic screening, diagnosis and treatment
22program that contain the following provisions:
AB366,10,2
1(1) The department shall provide payment for up to 3 applications per year of
2topical fluoride varnish per eligible child.
AB366,10,53 (2) Application of topical fluoride varnish may be, but is not required to be,
4provided in conjunction with an early and periodic screening, diagnosis and
5treatment examination that includes a limited oral screening.
AB366,10,86 (3) Health care professionals providing services under this program shall refer
7or facilitate referral of children receiving applications of topical fluoride varnish for
8comprehensive dental care rendered by a dental professional.
AB366, s. 12 9Section 12. Appropriation changes; health and family services.
AB366,10,1610 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
11to the department of health and family services under section 20.435 (4) (bm) of the
12statutes, as affected by the acts of 2001, the dollar amount is increased by $132,000
13for fiscal year 2001-02 and the dollar amount is increased by $132,000 for fiscal year
142002-03 to increase the authorized FTE positions for the department by 5.0 GPR
15positions on July 1, 2001, for a licensed dental health professional in each of the 5
16administrative regions of the state, as prescribed by the department.
Note: Provides funding for positions within DHFS for licensed dental health
professionals in each of the five DHFS administrative regions that would be funded
through the MA program to perform dental health outreach services and to provide
dental care primarily to persons eligible for MA.
AB366,11,217 (2) In the schedule under s. 20.005 (3) of the statutes for the appropriation to
18the department of health and family services under s. 20.435 (4) (b) of the statutes,
19as affected by the acts of 2001, the dollar amount is increased by $8,614,045 for fiscal
20year 2001-02 and the dollar amount is increased by $11,628,960 for fiscal year
212002-03 to increase the medical assistance reimbursement rates for dental services
22to equal the fee at which 75% of dentists in the east north central region charge equal
23or less amounts, as specified in the annual Survey of Dental Fees of the American

1Dental Association. For each fiscal year, reimbursement rates shall be set based on
2the most recently published American Dental Association fee survey for that year.
Note: Increases the MA reimbursement rate for dental services to the 75th
percentile of the fees from the most recently published ADA fee survey for the east north
central region.
AB366,11,73 (3) In the schedule under section 20.005 (3) of the statutes for the appropriation
4to the department of health and family services under section 20.435 (4) (b) of the
5statutes, as affected by the acts of 2001, the dollar amount is increased by $378,466
6for fiscal year 2001-02 and by $378,466 for fiscal year 2002-03 to provide medical
7assistance coverage for 2 dental cleanings per year for adults.
Note: Provides funds for two dental cleanings per year for adults under the MA
program.
AB366,11,138 (4) In the schedule under section 20.005 (3) of the statutes for the appropriation
9to the department of health and family services under section 20.435 (4) (b) of the
10statutes, as affected by the acts of 2001, the dollar amount is increased by $162,930
11for fiscal year 2001-02 and the dollar amount is increased by $325,859 for fiscal year
122002-03 to provide coverage of fluoride varnish treatments under Section 11 of this
13act.
Note: Provides funds for coverage of topical fluoride varnish through the EPSDT
program under MA.
AB366,11,1914 (5) In the schedule under section 20.005 (3) of the statutes for the appropriation
15to the department of health and family services under section 20.435 (5) (fh) of the
16statutes, as affected by the acts of 2001, the dollar amount is increased by $1,600,000
17for fiscal year 2001-02 and the dollar amount is increased by $1,600,000 for fiscal
18year 2002-03 for the purposes of funding dental services as specified in section
19250.15 (2) (d) of the statutes, as created by this act.
Note: Provides funds to entities that provide, or seek to provide, dental services
to low-income individuals.
AB366, s. 13
1Section 13. Appropriation changes; higher educational aids board.
AB366,12,82 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
3to the higher education aids board under section 20.235 (1) (d) of the statutes, as
4affected by the acts of 2001, the dollar amount is increased by $558,000 for fiscal year
52001-02 and the dollar amount is increased by $783,000 for fiscal year 2002-03 for
6the purpose of increasing the amount of assistance for Wisconsin residents pursuing
7a doctor of dental surgery degree and the maximum number of students who qualify
8for this assistance.
Note: Provides funds to increase the per-student tuition assistance for Wisconsin
residents attending the Marquette University School of Dentistry from $11,670 per year
to $15,000. Also provides funds to increase the total number of Wisconsin resident
students eligible for this assistance from 100 to a total of 160.
AB366, s. 14 9Section 14. Effective date.
AB366,12,1110 (1) This act takes effect on the 2nd day after publication of the 2001-03 biennial
11budget act.
AB366,12,1212 (End)
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