AB94: Bill Text

AB94,3,16 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Milwaukee River revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24, and the electronic recording council has the powers and duties specified in s. 706.25 (4), and the regional consumer health councils have the powers and duties specified in s. 152.30 (1).

AB94, s. 3 Section 3. 15.07 (1) (a) 7. of the statutes is created to read:

AB94,3,19 15.07 (1) (a) 7. Members of the health policy board elected under s. 15.20 (1) shall be elected as provided in that subsection.

AB94, s. 4 Section 4. 15.07 (2) (n) of the statutes is created to read:

AB94,3,22 15.07 (2) (n) The chairperson of the health policy board shall serve for a period of 3 years and may be reelected for 2 additional successive terms.

AB94, s. 5 Section 5. 15.07 (5) (m) of the statutes is created to read:

AB94,3,24 15.07 (5) (m) Members of the health policy board, $50 per day.

AB94, s. 6 Section 6. 15.07 (5m) (c) of the statutes is created to read:

AB94,4,4 15.07 (5m) (c) Health policy board. Members of the health policy board may be reimbursed for lost wages if required by their employers to use leave without pay in order to attend meetings of the health policy board, and they may be reimbursed for actual and necessary child care expenses without proof of financial hardship.

AB94, s. 7 Section 7. 15.20 of the statutes is created to read:

AB94,4,12 15.20 Department of health planning and finance. There is created a department of health planning and finance under the direction and supervision of the health policy board. The health policy board shall consist of the following members, each of whom is to serve for a 6-year term and, if reelected or reappointed, for an additional 6-year term and none of whom may be a health care provider, as defined in s. 152.01 (6), an administrator or owner of a health care facility or organization, or an elected public official:

AB94,4,14 (1) One member elected by and from the current membership of each of the 6 regional consumer health councils specified under s. 15.207 (1) (b).

AB94,4,18 (2) Five members, nominated by the governor and with the advice and consent of the senate appointed, who reflect as much as possible a balance of gender, race, age, sexual orientation, ethnicity, religion, geographic area, and the interests of management, labor, and individuals with disabilities.

AB94, s. 8 Section 8. 15.207 of the statutes is created to read:

AB94,4,23 15.207 Same; councils. (1) Regional consumer health councils. (a) There are created 6 regional consumer health councils that are attached to the department of health planning and finance under s. 15.03, one of which is established in each of the following areas of this state:

AB94,5,3 1. The northern region, consisting of Ashland, Bayfield, Douglas, Florence, Forest, Iron, Langlade, Lincoln, Marathon, Oneida, Portage, Price, Sawyer, Taylor, Vilas, and Wood counties.

AB94,5,6 2. The southern region, consisting of Adams, Columbia, Crawford, Dane, Dodge, Grant, Green, Iowa, Jefferson, Juneau, Lafayette, Richland, Rock, Sauk, and Vernon counties.

AB94,5,9 3. The western region, consisting of Barron, Burnett, Buffalo, Chippewa, Clark, Dunn, Eau Claire, Jackson, La Crosse, Monroe, Pepin, Pierce, Polk, Rusk, St. Croix, Trempealeau, and Washburn counties.

AB94,5,12 4. The northeastern region, consisting of Brown, Calumet, Door, Fond du Lac, Green Lake, Kewaunee, Manitowoc, Marinette, Marquette, Menominee, Oconto, Outagamie, Shawano, Sheboygan, Waupaca, Waushara, and Winnebago counties.

AB94,5,14 5. The southeastern region, consisting of Kenosha, Ozaukee, Walworth, Washington, Waukesha, and Racine counties.

AB94,5,15 6. The area within Milwaukee County.

AB94,5,19 (b) Each regional consumer health council shall consist of the following members, none of whom may be a health care provider, as defined in s. 152.01 (6), an administrator or owner of a health care facility or organization, or an elected public official, to serve for no more than 3 3-year terms:

AB94,5,22 1. In the northern region, a total of 16 members, consisting of one member from each county in that region. The county board of supervisors of each county in that region shall appoint one person from that county.

AB94,5,25 2. In the southern region, a total of 15 members, consisting of one member from each county in that region. The county board of supervisors of each county in that region shall appoint one person from that county.

AB94,6,3 3. In the western region, a total of 17 members, consisting of one member from each county in that region. The county board of supervisors of each county in that region shall appoint one person from that county.

AB94,6,6 4. In the northeastern region, a total of 17 members, consisting of one member from each county in that region. The county board of supervisors of each county in that region shall appoint one person from that county.

AB94,6,9 5. In the southeastern region, a total of 12 members, consisting of 2 members from each county in that region. The county board of supervisors of each county in that region shall appoint 2 persons from that county.

AB94,6,14 6. In the area within Milwaukee County, a total of 12 members, consisting of 6 persons who are residents of the city of Milwaukee and are appointed by the mayor of the city of Milwaukee as provided under s. 62.09 (8) (cm), and 6 persons who are residents of Milwaukee County but are not residents of the city of Milwaukee and are appointed by the county executive of Milwaukee County.

AB94, s. 9 Section 9. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB94, s. 10 Section 10. 20.430 of the statutes is created to read:

AB94,7,3 20.430 Health planning and finance, department of. There is appropriated to the department of health planning and finance for the following program:

AB94,7,6 (1) Health planning and finance. (a) General program operations. The amounts in the schedule for the general program operations of the department of health planning and finance.

AB94,7,8 (b) Health plan services and benefits. The amounts in the schedule for health care services and benefits provided under s. 152.10 (4).

AB94,7,10 (c) Job retraining and placement. The amounts in the schedule for job retraining and placement services under s. 152.40 (6).

AB94,7,12 (i) Gifts and grants. All moneys received from gifts, grants, bequests, and devises to carry out the purposes for which made.

AB94,7,15 (m) Federal funds; state operations. All moneys received from the federal government, as authorized by the governor under s. 16.54, for the purposes for which made and received.

AB94, s. 11 Section 11. 59.17 (2) (c) of the statutes is amended to read:

AB94,7,21 59.17 (2) (c) Appoint the members of all boards and, commissions, and councils where appointments are required and where the statutes provide that the appointments are made by the county board or by the, chairperson of the county board, or county executive. All appointments to boards and, commissions, and councils by the county executive are subject to confirmation by the county board.

AB94, s. 12 Section 12. 59.53 (25) of the statutes is created to read:

AB94,7,25 59.53 (25) Regional consumer health council. The board shall appoint members of a regional consumer health council, as specified in s. 15.207 (1) (b) 1. to 5.

AB94, s. 13 Section 13. 62.09 (8) (cm) of the statutes is created to read:

AB94,8,4 62.09 (8) (cm) The mayor of the city of Milwaukee shall, with the advice and consent of the common council of that city, appoint 6 members of a regional consumer health council, as specified under s. 15.207 (1) (b) 6.

AB94, s. 14 Section 14. Chapter 152 of the statutes is created to read:

AB94,8,7 Chapter 152 health plan

AB94,8,8 152.01 Definitions. In this chapter:

AB94,8,9 (1) "Block grant" has the meaning given in s. 16.54 (2) (a) 3.

AB94,8,10 (2) "Board" means the health policy board.

AB94,8,11 (3) "Department" means the department of health planning and finance.

AB94,8,12 (4) "Disability insurance policy" has the meaning given in s. 632.895 (1) (a).

AB94,8,21 (5) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, community health center, primary health center, tuberculosis sanatorium, adult family home, assisted living facility, rural medical center, hospice, or other place licensed, certified, or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.032, 50.033, 50.034, 50.35, 50.52, 50.92 (2), 51.08, or 51.09 or a facility under s. 45.50, 51.05, 51.06, or 252.10 or ch. 233, or licensed or certified by a county department under s. 50.032 or 50.033.

AB94,8,23 (6) "Health care provider" means a provider of health care services or other benefits in this state that are specified under s. 152.10 (4).

AB94,8,25 (7) "Medicare" means coverage under part A or part B of Title XVIII of the federal Social Security Act, 42 USC 1395 to 1395hhh.

AB94,9,2 (8) "Reimbursement" means payment for the provision of services and other benefits that are specified under s. 152.10 (4).

AB94,9,3 (9) "Secretary" means the secretary of health planning and finance.

AB94,9,5 (10) "Veteran", except as otherwise provided, has the meaning given in 38 USC 101 (2).

AB94,9,13 152.10 Health plan. (1) There is created a health plan in this state, under which, beginning on July 1, 2010, each eligible person, regardless of any preexisting condition, shall receive reasonable medical service necessary to maintain health, enable diagnosis, or provide treatment or rehabilitation for an injury, condition, disability, or disease, for which reimbursement shall be made by the department. Coverage is provided under the health plan for orthodontia or for the performance of reconstructive or cosmetic surgery that is determined to be necessary under criteria that are promulgated as rules by the department.

AB94,9,17 (2) Each individual in this state who is not excluded from residency, as specified in sub. (3) (c), is eligible for coverage under the health plan, except as provided in sub. (5), and except that all of the following may be phased in for eligibility under this subsection, beginning no later than July 1, 2011:

AB94,9,19 (a) Individuals, other than those specified in par. (b), who have no coverage under disability insurance policies.

AB94,9,23 (b) Individuals who have no coverage under disability insurance policies and who receive health care, treatment for nervous or mental disorders, or treatment or prevention services for alcohol and other drug abuse that are funded by state or local funding.

AB94,9,25 (c) Individuals who are employees of the state or any county, city, village, or town, and who, as a benefit of the employment, have coverage for themselves and family members under provisions of group disability insurance policies or under self-insured health plans.

AB94,10,5 (d) Individuals, other than those specified in par. (c) or (h), who, by reason of their employment or as family members of individuals who are employed, have coverage under group disability insurance policies.

AB94,10,7 (e) Individuals who have coverage under individual disability insurance policies.

AB94,10,9 (f) Individuals who have coverage under the health insurance risk-sharing plan under subch. II of ch. 149.

AB94,10,12 (g) Individuals who are eligible for benefits or services under s. 49.46, 49.468, 49.47, 49.473, or 49.665, waiver programs under medical assistance, Medicare, or block grants that provide health care services.

AB94,10,15 (h) Individuals who are employees of self-insured employers, other than those specified in par. (c), and who receive health care benefits for themselves and family members under self-insured health plans.

AB94,10,16 (i) Individuals who receive medical benefits under worker's compensation.

AB94,10,21 (j) Veterans who receive medical benefits under 38 USC 1701 to 1754 and certain spouses and dependents of veterans who receive benefits under 38 USC 1781 to 1785 or 38 USC 1802 to 1834; and veterans, as defined in s. 45.01 (12), who receive medical benefits under s. 45.40 (2) and certain spouses and dependents of these veterans who receive medical benefits under s. 45.40 (2m).

AB94,10,23 (k) Members of federally-recognized American Indian tribes or bands who receive health and other services under 25 USC 1621 to 1683.

AB94,11,3 (3) (a) Any individual who is eligible under sub. (2) may receive services that are available under the health plan from any participating health care provider in this state. Services that correspond to those that are available under the health plan and that are provided to the individual in another state are reimbursable at rates under the health plan that are current at the time of service provision.

AB94,11,6 (b) No individual who is eligible under sub. (2) may under this section be required to pay an amount as a deductible or copayment as a condition for receipt of services under this section from a health care facility or health care provider.

AB94,11,10 (c) An individual who has a fixed habitation outside the state but not inside the state is not a resident for purposes of this chapter. Any reimbursement paid under the health plan for health care services rendered to an individual who is determined not to be a resident is a liability of the individual.

AB94,11,12 (4) Health care services and other benefits provided under the health plan shall include all of the following:

AB94,11,14 (a) Services of all persons licensed, certified, registered, or permitted to treat the sick under chs. 441, 446, 447, 448, 449, 450, 451, 455, 457, and 459.

AB94,11,16 (b) Health care services that are provided by health care facilities and the offices and clinics of persons under par. (a).

AB94,11,18 (c) Preventive health care services and health promotional programs, including well-child care, immunizations, screening, outreach, and education.

AB94,11,21 (d) Medical or surgical supplies and durable medical or surgical equipment, supplies and appliances, including valves, pacemakers, prostheses, eyeglasses, and hearing aids.

AB94,11,24 (e) Prescription drugs specified in the listing of approved medicinal substances and formulae under s. 152.40 (5) (n) and any other drugs specified by the department by rule.

AB94,11,25 (f) Blood and blood products.

AB94,12,5 (g) Long-term care services that are necessary for the physical health, mental and emotional well-being, and social and personal needs of individuals who have limited self-care capabilities, including services of health care facilities; home health care; hospice care; home-based and community-based services, including personal assistance and attendant care; and periodic needs assessments.

AB94,12,7 (h) Mental health treatment and services, including substance abuse and brain injury treatment.

AB94,12,8 (i) Dental services, as specified under s. 49.46 (2) (b) 1.

AB94,12,11 (5) The health plan is the payer of last resort, and coverage under the health plan is supplemental to any health care coverage in force that is held by an individual.

AB94,12,15 (6) As a condition of participation by a health care provider in the health plan, the health care provider shall accept reimbursement only under the health plan for all services or other benefits that the health care provider provides under the health plan.

AB94,12,18 152.20 Health policy board; powers and duties. (1) The board shall approve and continually evaluate the listing of approved medicinal substances and formulae that is required under s. 152.40 (5) (n).

AB94,12,21 (2) The board shall biennially evaluate and oversee cost containment guidelines and policies, including the evaluation of mechanisms used to contain costs of providing services, and shall revise the guidelines and policies as necessary.

AB94,12,23 (3) The board shall review all of the following issues and formulate or revise policies, as appropriate, with respect to the issues:

AB94,12,24 (a) Duties of the department that require policy determinations.

AB94,13,3 (b) The sources and amounts of revenues for the administration of the department and the board and for financing the payment of health care services that are provided to residents under the health plan.

AB94,13,4 (c) Information provided by the regional consumer health councils.