1999 - 2000 LEGISLATURE
December 30, 1999 - Introduced by Representatives Meyer, Krusick, Plouff,
Waukau, Balow, Black, Schooff, Schneider, Travis, Meyerhofer, Lassa,
Gunderson, Johnsrud, Colon, Berceau, Huebsch, Hebl, Huber, Musser,
Young, Riley, Sykora, Olsen, Turner, La Fave, Bock, Ott, Kreibich, Boyle,
Albers, Carpenter, Kreuser, J. Lehman, Handrick, Gronemus, Hasenohrl,
Miller, Pocan, Ryba, Richards, Sinicki, Plale, Reynolds, Steinbrink, Krug,
Wasserman, Cullen, Coggs, Hubler, Sherman, Staskunas, Ziegelbauer,
Williams
and Rhoades, cosponsored by Senators Moen, Wirch, Clausing,
Erpenbach, Plache, Rude, Robson, Risser, Burke, Drzewiecki, Grobschmidt,
Breske, Roessler, Shibilski, Rosenzweig
and George. Referred to Committee
on Health.
AB630,1,7 1An Act to renumber and amend 49.45 (6t); and to create 49.45 (6t) (b) and
249.45 (24p) of the statutes; relating to: designating personal care shortage
3areas, reimbursement for losses in the provision of personal care services,
4providing a supplement for hourly medical assistance reimbursement rates for
5in-home personal care services workers, providing an exemption from
6emergency rule procedures, requiring the exercise of rule-making authority
7and making appropriations.
Analysis by the Legislative Reference Bureau
This bill requires the department of health and family services (DHFS) to
designate personal care shortage areas in the state and to reimburse providers of
personal care services in those areas, from general program revenues, at 125% of the
medical assistance reimbursement rate for the provision of personal care services in
areas of the state that are not designated as personal care shortage areas. The bill
requires DHFS to specify criteria, by rule, for the designation of areas as personal
care shortage areas and authorizes DHFS to promulgate the rules as emergency
rules without providing evidence of necessity for the preservation of the public peace,
health, safety or welfare and without providing a finding of emergency.
Under current law, as affected by 1999 Wisconsin Act 9 (the biennial budget
act), the hourly medical assistance reimbursement rate for workers providing

in-home personal care services is $12.25. The bill increases the reimbursement rate
by $3.25, to $15.50 per hour.
Under current law, county departments of social services, human services and
community programs and local health departments provide certain services,
including personal care services, to medical assistance recipients. DHFS distributes
to these county departments and local health departments up to $4,500,000 of
federal medicaid moneys in each fiscal year, under a method developed by DHFS, to
reduce losses incurred by the county departments and local health departments in
providing the services. The bill requires that DHFS annually distribute general
purpose revenues to supplement by 15% each of those distributions, in order to
additionally reimburse county departments and local health departments for a
portion of losses incurred in providing personal care services to medical assistance
recipients after December 31, 1999.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB630, s. 1 1Section 1. 49.45 (6t) of the statutes is renumbered 49.45 (6t) (a), and 49.45 (6t)
2(a) 2. (intro.), 3. and 4., as renumbered, are amended to read:
AB630,2,73 49.45 (6t) (a) 2. (intro.) Based on the amount estimated to be available under
4par. (a) subd. 1., develop a method, which need not be promulgated as rules under
5ch. 227, to distribute this allocation to the individual county departments under s.
646.215, 46.22, 46.23 or 51.42 or to local health departments that have incurred
7operating deficits that shall include all of the following:
AB630,2,98 3. Except as provided in par. (d) subd. 4., distribute the allocation under the
9distribution method that is developed.
AB630,2,1410 4. If the federal department of health and human services approves for state
11expenditure in a fiscal year amounts under s. 20.435 (5) (o) that result in a lesser
12allocation amount than that allocated under this subsection or disallows use of the
13allocation of federal medicaid funds under par. (c) subd. 3., reduce allocations under
14this subsection and distribute on a prorated basis, as determined by the department.
AB630, s. 2
1Section 2. 49.45 (6t) (b) of the statutes is created to read:
AB630,3,92 49.45 (6t) (b) From the appropriation under s. 20.435 (5) (b), the department
3shall annually distribute moneys for reduction of operating deficits, as determined
4under criteria developed under par. (a) 2. a., incurred by a county department under
5s. 46.215, 46.22, 46.23 or 51.42 or by a local health department, as defined in s. 250.01
6(4), for services provided under s. 49.46 (2) (b) 6. j. The department shall distribute
7the moneys specified in this paragraph as a supplement of 15% to each distribution
8made under the method specified under par. (a) 2., for services provided under s.
949.46 (2) (b) 6. j. after December 31, 1999.
AB630, s. 3 10Section 3. 49.45 (24p) of the statutes is created to read:
AB630,3,1711 49.45 (24p) Personal care shortage areas. (a) The department shall
12designate as a personal care shortage area any area that meets criteria that the
13department specifies by rule. From the appropriation under s. 20.435 (5) (b), the
14department shall reimburse providers of personal care services under s. 49.46 (2) (b)
156. j. in personal care shortage areas at 125% of the reimbursement for the provision
16of personal care services in areas of the state that are not designated as personal care
17shortage areas.
AB630,3,2018 (b) The department shall by rule specify criteria for the designation of an area
19as a personal care shortage area, including a criterion concerning the maximum
20number of personal care workers per area population.
AB630,3,2321 (c) If an area designated as a personal care shortage area under par. (a) no
22longer meets criteria specified under par. (b), the department shall dissolve the
23designation.
AB630, s. 4 24Section 4. Nonstatutory provisions.
AB630,3,2525 (1) Personal care shortage areas; rules.
AB630,4,4
1(a) The department of health and family services shall submit in proposed form
2the rules required under section 49.45 (24p) (b) of the statutes, as created by this act,
3to the legislative council staff under section 227.15 (1) of the statutes no later than
4the first day of the 4th month beginning after the effective date of this paragraph.
AB630,4,145 (b) Using the procedure under section 227.24 of the statutes, the department
6of health and family services may promulgate rules required under section 49.45
7(24p) (b) of the statutes, as created by this act, for the period before the effective date
8of the rules submitted under paragraph (a ), but not to exceed the period authorized
9under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24
10(1) (a), (2) (b) and (3) of the statutes, the department is not required to provide
11evidence that promulgating a rule under this paragraph as an emergency rule is
12necessary for the preservation of the public peace, health, safety or welfare and is not
13required to provide a finding of emergency for a rule promulgated under this
14paragraph.
AB630, s. 5 15Section 5. Appropriation changes.
AB630,4,2216 (1) Personal care shortage areas. In the schedule under section 20.005 (3) of
17the statutes for the appropriation to the department of health and family services
18under section 20.435 (5) (b) of the statutes, as affected by the acts of 1999, the dollar
19amount is increased by $-0- for fiscal year 1999-00 and the dollar amount is
20increased by $-0- for fiscal year 2000-01 to provide increased medical assistance
21reimbursement for the provision of personal care services in personal care shortage
22areas.
AB630,5,423 (2) Supplement; in-home personal care workers. In the schedule under section
2420.005 (3) of the statutes for the appropriation to the department of health and family
25services under section 20.435 (5) (b) of the statutes, as affected by the acts of 1999,

1the dollar amount is increased by $5,800,000 for fiscal year 1999-00 and the dollar
2amount is increased by $13,800,000 for fiscal year 2000-01 to supplement, beginning
3July 1, 1999, the hourly medical assistance reimbursement rates for workers
4providing in-home personal care services by $3.25.
AB630, s. 6 5Section 6. Effective date.
AB630,5,66 (1) This act takes effect on January 1, 2000.
AB630,5,77 (End)
Loading...
Loading...