(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and social services primarily related to the functions of the low-income energy assistance program, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.
(b) Employe transfers. All incumbent employes holding positions in the department of health and social services performing duties primarily related to the low-income energy assistance program, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of administration.
(c) Employe status. Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the department of health and social services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and social services that is primarily related to the functions of the low-income energy assistance program, as determined by the secretary of administration, is transferred to the department of administration.
(e) Contracts. All contracts entered into by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the functions of the low-income energy assistance program, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any such contractual obligations until modified or rescinded by the department of administration to the extent allowed under the contract.
(f) Rules and orders. All rules promulgated by the department of health and social services that are primarily related to the functions of the low-income energy assistance program and that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of administration. All orders issued by the department of health and social services that are primarily related to the functions of the low-income energy assistance program and that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of administration.
(g) Pending matters. Any matter pending on the effective date of this paragraph with the department of health and social services that is primarily related to the functions of the low-income energy assistance program is transferred to the department of administration and all materials submitted to or actions taken by the department of health and social services that are primarily related to the functions of the low-income energy assistance program are considered as having been submitted to or taken by the department of administration.
(27q)
Transfer of older American community service employment program.
(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and social services that are primarily related to the older American community service employment program under section 46.80 (2m) (c) of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations.
(b)
Employe transfer. One FTE FED position in the department of health and social services performing duties primarily related to the older American community service employment program under section 46.80 (2m) (c) of the statutes, as affected by this act, as determined by the secretary of administration, and the incumbent employe holding that position are transferred on the effective date of this paragraph to the department of industry, labor and human relations.
(c) Employe status. The employe transferred under paragraph (b) has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of industry, labor and human relations that the employe enjoyed in the department of health and social services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and social services that is primarily related to the older American community service employment program under section 46.80 (2m) (c) of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of industry, labor and human relations.
(e) Contracts. All contracts entered into by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the older American community service employment program under section 46.80 (2m) (c) of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of industry, labor and human relations. The department of industry, labor and human relations shall carry out any such contractual obligations until modified or rescinded by the department of industry, labor and human relations to the extent allowed under the contracts.
(f) Rules and orders. All rules promulgated by the department of health and social services that are in effect on the effective date of this paragraph and that are primarily related to the older American community service employment program under section 46.80 (2m) (c) of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of industry, labor and human relations. All orders issued by the department of health and social services that are in effect on the effective date of this paragraph and that are primarily related to the older American community service employment program under section 46.80 (2m) (c) of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of industry, labor and human relations.
(g)
Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph that is primarily related to the older American community service employment program under section 46.80 (2m) (c) of the statutes, as affected by this act, is transferred to the department of industry, labor and human relations and all materials submitted to or actions taken by the department of health and social services with respect to the pending matter are considered as having been submitted to or taken by the department of industry, labor and human relations.
(h) Joint committee on finance review. After reviewing the proposed transfer of assets and liabilities under paragraph (a), employes under paragraph (b), tangible personal property under paragraph (d) and contracts under paragraph (e), the secretary of administration shall submit the proposals, including any suggested modifications to the proposals, no later than June 1, 1996, to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of the submittal that the committee has scheduled a meeting to take place in June 1996, for the purpose of reviewing the proposals, the secretary of administration shall proceed with the proposals, including the secretary's suggested modifications. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the proposals, the secretary of administration shall proceed with the proposals, after incorporating any changes to the proposals that are made by the joint committee on finance at the meeting.
(27t)
Report on data collection efforts. No later than July 1, 1996, the department of health and social services shall submit to the secretary of administration and to the cochairpersons of the joint committee on finance a report on data collection regarding county social and human services expenditures. The report shall include a description of current data collection efforts for social and human services expenditures and recommendations on how to modify current data collection efforts to ensure that information from counties is available to do all of the following:
(a) Accurately anticipate budget needs.
(b) Evaluate existing and proposed social and human services initiatives.
(c) Distribute additional funding for community aids received after the 1995-97 biennium based on the outcomes of county spending, rather than on across-the-board adjustments based on historical county allocations.
(27u)
Regional service delivery feasibility study. The department shall conduct a study of the feasibility of implementing a regional-based, rather than county-based, human and social services delivery sys
tem. In conducting the study, the department shall consult with representatives from the private and public sectors involved in the delivery of human and social services. The department shall report the results of its feasibility study to the joint committee on finance at its 4th regularly scheduled quarterly meeting under section 13.10 of the statutes in 1996.
(27x)
Rules on grants for lead poisoning or lead exposure.
(a) The department of health and social services shall submit proposed rules required under section 254.151 of the statutes, as affected by this act, to the legislative council staff for review under section 227.15 (1) of the statutes no later than November 1, 1995.
(b) Using the procedure under section 227.24 of the statutes, the department of health and social services shall promulgate rules required under section 254.151 of the statutes, as affected by this act, for the period after October 1, 1995, and prior to the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating the rules under this paragraph.
(28g) Study of consolidating alcohol and other drug abuse programs.
(a) In this subsection, “agency" has the meaning given in section 16.045 (1) (a) of the statutes.
(b) The department of health and social services shall study the feasibility of consolidating into a single, statewide program all programs having to do with alcohol or other drug abuse that are administered by agencies in this state.
(c) By January 1, 1996, the department of health and social services shall submit the results of the study to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor.
(28q)
Personal care benefit study. The department of health and social services shall conduct a study of the personal care benefit under the medical assistance program. The department shall submit the results of its study to the governor and to the joint committee on finance no later than January 1, 1996. The study shall consider the following:
(a) The effect of modifying the medical assistance personal care benefit to create incentives for agencies or county social services staff to limit the provision of personal care services, such as requiring that program monitoring and supervision be provided by individuals who are not employed by the agency that employs the personal care worker.
(b) The effect and administrative feasibility of providing some personal care services through individuals who are not employed by home health agencies or personal-care-only agencies, including family members and neighbors of the individual receiving the personal care services.
(c) The potential cost savings of limited eligibility for the services, the amount and scope of personal care services, and the effect such proposals would have on individuals currently receiving personal care services.
(d) The adequacy of current medical assistance reimbursement rates for personal care services, the effect of paying for personal care services on a per-visit basis and recommendations for changing the current rate structure.
(28x)
Managed care medical assistance forms working group. The department of health and social services shall convene a working group
no later than January 1, 1996, comprised of department employes and representatives of managed care providers under the medical assistance program. The working group shall study the development of standardized forms to be used by managed care providers under the medical assistance program, other than forms to be used for billing or obtaining medical assistance reimbursement. In particular, the working group shall study the development of standardized forms to be used to obtain referrals and prior authorization for care. The department of health and social services shall submit the results of the working group's study to the legislature in the manner provided under section 13.172 (2) of the statutes no later than
July 1, 1996.
(29g)
Report on limiting funding for certain care in community-based residential facilities. By October 1, 1995, the department of health and social services shall submit for review and approval a report to the governor and to the joint committee on finance concerning proposed standards for the granting of a waiver under sections 46.27 (3) (f) and 46.277 (3) (c) of the statutes, as created by this act, for provision of long-term community support services for persons who reside in community-based residential facilities. If the cochairpersons of the committee do not notify the department of health and social services that the committee has scheduled a meeting for the purpose of reviewing the proposed standards within 14 working days after the date of the submittal, the standards may be implemented as proposed by the department of health and social services. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of health and social services that the committee has scheduled a meeting for the purpose of reviewing the proposed standards, the proposed standards may be implemented only upon approval of the committee.
(29h)
Report on model contract for certain care in community-based residential facilities. By January 1, 1996, the department of health and social services shall submit a report to the governor and to the joint committee on finance concerning the model contract required to be developed and approved under section 46.27 (2) (j) of the statutes, as created by this act, for purchase of community options program services for persons who reside in community-based residential facilities.
(30g)
Community options program data collection.
(a) 1. The department of health and social services shall survey counties with respect to their needs and priorities for additional data on the long-term support community options program under section 46.27 of the statutes, as affected by this act, in order to best enhance efforts to coordinate the delivery and control the costs of the long-term community support services under the program.
2. The department of health and social services shall examine the benefits and costs of collecting all of the following data with respect to the long-term support community options program under section 46.27 of the statutes, as affected by this act:
a. Expenditure data, by type of service.
b. Cost-sharing by community options program clients.
c. Income and asset levels of community options program clients.
d. Costs of medical assistance benefits, by type of service, provided for community options program clients.
e. The amount and impact of informal support services provided to community options program clients by their families and friends.
f. A more detailed assessment of the needs of a community options program client for nursing care than is provided by the distinction between the level of care that is provided in a skilled nursing facility and that which is provided in an intermediate care facility.
(b) Based on the information obtained by the department of health and social services under paragraph (a), the department shall submit recommendations for consideration at the 4th quarterly 1995 meeting of the joint committee on finance under section 13.10 of the statutes for expenditure of $50,000 from the appropriation under section 20.865 (4) of the statutes to expand data collection for the long-term support community options program.
(31g)
Transfer of laboratory certification.
(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and social services that are primarily related to the certification of laboratories under section 252.22 of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of agriculture, trade and consumer protection.
(b) Employe transfer. On the effective date of this paragraph, 2.5 FTE PR positions in the department of health and social services performing duties primarily related to the certification of laboratories under section 252.22 of the statutes, as affected by this act, as determined by the secretary of administration, and the incumbent employes holding those positions are transferred to the department of agriculture, trade and consumer protection.
(c) Employe status. The employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of agriculture, trade and consumer protection that the employes enjoyed in the department of health and social services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and social services that is primarily related to the certification of laboratories under section 252.22 of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection.
(e) Contracts. All contracts entered into by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the certification of laboratories under section 252.22 of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any such contractual obligations until modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contracts.
(f) Rules and orders. All rules promulgated by the department of health and social services that are in effect on the effective date of this paragraph and that are primarily related to the certification of laboratories under section 252.22 of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection. All orders issued by the department of health and social services that are in effect on the effective date of this paragraph and that are primarily related to the certification of laboratories under section 252.22 of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of agriculture, trade and consumer protection.
(g) Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph that is primarily related to the certification of laboratories under section 252.22 of the statutes, as affected by this act, is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the department of health and social services with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.
(h) Joint committee on finance review. After reviewing the proposed transfer of assets and liabilities under paragraph (a), employes under paragraph (b), tangible personal property under paragraph (d) and contracts under paragraph (e), the secretary of administration shall submit the proposals, including any suggested modifications to the proposals, no later than June 1, 1996, to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of the submittal that the committee has scheduled a meeting to take place in June 1996, for the purpose of reviewing the proposals, the secretary of administration shall proceed with the proposals, including the secretary's suggested modifications. If, within 14 working days after the date of the plan's submittal, the cochairpersons of the committee notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the proposals, the secretary of administration shall proceed with the proposals, after incorporating any changes to the proposals that are made by the joint committee on finance at the meeting.
(32g)
Rules on estate recovery for disease aids costs.
(a) The department of health and social services shall submit proposed rules required under section 49.482 (5) of the statutes, as created by this act, to the legislative council staff for review under section 227.15 (1) of the statutes no later than January 1, 1996.
(b) Using the procedures under section 227.24 of the statutes, the department of health and social services shall promulgate rules required under section 49.482 (5) of the statutes, as created by this act, for the period prior to the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency.
27,9127
Section 9127.
Nonstatutory provisions; higher educational aids board.
(1)
Elimination of agency.
(a) Wherever the term “higher educational aids board" or “higher education aids board" appears in the statutes, as affected by the acts of 1995, the term “department of education" is substituted.
(b) Members of the council on financial aids in the higher educational aids board immediately prior to the effective date of this paragraph shall continue to serve as members of the council on financial aids in the department of education until they are removed by the secretary of education or their successors are appointed and qualify.
(c) On the effective date of this paragraph, the assets and liabilities of the higher educational aids board shall become the assets and liabilities of the department of education.
(d) All incumbent employes holding positions in the higher educational aids board, except the executive secretary of the board and the deputy to the executive secretary of the board, are transferred on the effective date of this paragraph to the department of education.
(e) Employes transferred under paragraph (d) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of education that they enjoyed in the higher educational aids board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(f) On the effective date of this paragraph, all tangible personal property, including records, of the higher educational aids board is transferred to the department of education.
(g) All contracts entered into by the higher educational aids board in effect on the effective date of this paragraph remain in effect and are transferred to the department of education. The department of education shall carry out any such contractual obligations until modified or rescinded by the department of education to the extent allowed under the contract.
(h) All rules promulgated by the higher educational aids board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of education. All orders issued by the higher educational aids board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the secretary of education.
(i) Any matter pending with the higher educational aids board on the effective date of this paragraph is transferred to the department of education and all materials submitted to or actions taken by the board with respect to the pending matter are considered as having been submitted to or taken by the department of education.
(1et)
Minority undergraduate grants. Subject to section 39.44 (3) of the statutes, as affected by this act, no minority undergraduate enrolled in an eligible private institution may have the amount of a grant awarded under section 39.44 of the statutes, as affected by this act, for the 1995-96 or 1996-97 academic year reduced from the amount of any grant awarded under section 39.44 of the statutes to the minority undergraduate for the 1994-95 academic year.
27,9128
Section 9128.(5)
Nonstatutory provisions; historical society.
(1x) Efficiency measures. By September 1, 1995, the historical society shall submit a report to the joint committee on finance recommending how savings in fiscal year 1995-96 of $49,000 and in fiscal year 1996-97 of $250,700 resulting from budgetary efficiency measures should be allocated among the historical society's general purpose revenue appropriations for state operations. If the cochairpersons of the committee do not notify the historical society that the committee has scheduled a meeting for the purpose of reviewing the report within 14 working days after the date of the submittal, the recommendation may be implemented as proposed by the historical society. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the historical society that the committee has scheduled a meeting for the purpose of reviewing the report, the recommendation may be implemented only upon approval of the committee.
27,9129
Section 9129.(4)
Nonstatutory provisions; housing and economic development authority.
(1g) Wisconsin development reserve fund transfer. On the effective date of this subsection, the Wisconsin Housing and Economic Development Authority shall transfer to the department of administration for deposit in the general fund $240,900 from the Wisconsin development reserve fund under section 234.93 of the statutes.
27,9130
Section 9130.
Nonstatutory provisions; industry, labor and human relations.
(1)
Hospital and nursing home plans review transfer.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of industry, labor and human relations primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes, as determined by the secretary of administration, shall become the assets and liabilities of the department of health and social services.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes is transferred to the department of health and social services.
(e) Contracts. All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this paragraph that are primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes, as determined by the secretary of administration, remain in effect and are transferred to the department of health and social services. The department of health and social services shall carry out any such contractual obligations until modified or rescinded by the department of health and social services to the extent allowed under the contract.
(f) Rules and orders. All rules promulgated by the department of industry, labor and human relations primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of health and social services. All orders issued by the department of industry, labor and human relations primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of health and social services.
(g) Pending matters. Any matter pending with the department of industry, labor and human relations on the effective date of this paragraph that is primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes is transferred to the department of health and social services and all materials submitted to or actions taken by the department of industry, labor and human relations with respect to the pending matter are considered as having been submitted to or taken by the department of health and social services.
(1g)
Transfer of positions and employes relating to code development. On the effective date of this subsection, 8.3 FTE PR and 0.2 FTE SEG positions having duties primarily related to the development of the codes and rules of the division of safety and buildings in the department of industry, labor and human relations, as determined by the secretary of administration, are transferred from the department of industry, labor and human relations to the department of development. Employes transferred under this subsection have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of development that they enjoyed in the department of industry, labor and human relations before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(1m) Efficiency study. The labor and industry review commission shall study its current procedures in all areas of its responsibility, identify areas that could become more efficient, develop recommendations to streamline its procedures and improve its operations and identify any positions that could be eliminated as a result of the efficiencies and improved procedures identified in the study. The labor and industry review commission shall submit its findings and recommendations to the secretary of administration and the joint committee on finance by October 31, 1996.
(2)
Transfer of safety and buildings functions.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of industry, labor and human relations primarily related to the functions of the division of safety and buildings, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.
(b)
Employe transfers.
1. All incumbent employes holding positions in the department of industry, labor and human relations performing duties primarily related to the functions of the division of safety and buildings, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of development.
2. Upon final determination of the personnel to be transferred to the department of development under subdivision 1., the secretary of industry, labor and human relations and the secretary of development shall, by the date that is established for submittal of requests for consideration at the 4th quarterly meeting for 1995 of the joint committee on finance under section 13.10 of the statutes, request the joint committee on finance to transfer moneys between the general purpose revenue appropriations for the department of industry, labor and human relations and the department of development, between the program revenue appropriations for the department of industry, labor and human relations and the department of development, between the program revenue-service appropriations for the department of industry, labor and human relations and the department of development and between the federal revenues appropriations for the department of industry, labor and human relations and the department of development, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.
(c) Employe status. Employes transferred under paragraph (b) 1. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of development that they enjoyed in the department of industry, labor and human relations before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
