22. Tasko Systems, Inc. of Eau Claire, Wisconsin, claims $115,335.00 for damages related to an alleged breach of contract by the Department of Health and Family Services. In July 1993 the Department of Health and Family Services solicited bids for Pre-admission Screenings and Annual Resident Reviews (PASARR). PASARR is required by the federal government to be provided by the state for its participation in the Medical Assistance program and is used to screen nursing home applicants and residents for serious mental illness and developmental disabilities. The Department contracted with the claimant to provide these services. As part of the contract, the Department agreed to pay the claimant within four weeks of the receipt of an invoice. On June 15, 1995, the claimant was notified by the Bureau of Management and Operations that the first year audits of the PASARR program would not be used to determine allowable/reimbursable expenditures under the 1994 and 1995 contract periods. The claimant submitted an invoice for $115,335 for December 1995. On February 9, 1996, the Department of Health and Family Services informed the claimant that this invoice would not be paid due to unresolved audit issues. The claimant requests payment of their December 1995 invoice in the amount of $115,335. The claimants have filed a Notice of Claim with the Attorney General's office under s.
893.80(1), Stats. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
The Board concludes:
1. The claims of the following claimants should be denied:
John Niglis Lois Brucek
Flambeau Paper Corp. Levi Boettcher
Kimberly-Clark Tissue Co. Terry & Buffy Gottowske
Nekoosa Papers, Inc. Fen-Tech, Inc.
Niagara of Wisconsin Nitty Gritty Dirt Band
Northern States Power Co. Tracy Oates
Weyerhaeuser Paper Co. Tasko Systems, Inc.
Consolidated Water Power Co.
Wisconsin Valley Improvement Co.
Wisconsin Power & Light Co.
Wisconsin Public Service Corp.
Wisconsin River Power Co.
2. Payment of the following amounts to the following claimants is justified under s.
16.007, Stats.:
Mark Shepard $93.60
John Stiefel $250.00
Kenneth Vosekuil $183.20
Dated at Madison, Wisconsin this 11th day of September, 1996.
Brian Burke
Senate Finance Committee
Ben Brancel
Assembly Finance Committee
Alan Lee
Representative of the Attorney General
Edward D. Main, Representative of the
Secretary of Administration
Stewart Simonson
Representative of the Governor
executive order #298
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Late Spiro T. Agnew, Former Vice President of the United States
WHEREAS, on September 17, 1996, Spiro T. Agnew died at the age of seventy-seven; and
WHEREAS, Spiro Agnew served as Vice President of the United States from 1969 to 1973; and
WHEREAS, Federal law provides that the flag of the United States shall be flown at half-staff from the day of death until the day of interment for a former vice president of the United States (see 36 USCS s. 175 (m);
NOW, THEREFORE, I, TOMMY G. THOMPSON, Governor of the State of Wisconsin, by the authority vested in me by the Federal and State law, do hereby order that the flag of the United States and the flag of the State of Wisconsin shall be flown at half-staff at all buildings, grounds and military installations of the State of Wisconsin equipped with such flags beginning forthwith until sunset on the day of former Vice President Agnew's interment.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Wisconsin to be affixed. Done at the Capitol in the city of Madison this eighteenth day of September in the year one thousand nine hundred and ninety-six.
TOMMY G. THOMPSON
Governor
By the governor:
DOUGLAS LA FOLLETTE
Secretary of State
executive order #299
Relating to the Transfer of the Neurointerventional Angiography Program to the University of Wisconsin Hospitals and Clinics
WHEREAS, nearly all necessary neurointerventional angiography service has been provided to University of Wisconsin Hospitals and Clinics (UWHC) patients by the adjoining Middleton Veterans Administration Hospital (VA Hospital) since UWHC's move to the University of Wisconsin Clinical Science Center in 1979; and
WHEREAS, The University of Wisconsin Hospital and Clinics Authority will re-establish a complete neurointerventional angiography program at the University of Wisconsin Clinical Science Center to provide patient access to necessary new technology and to integrate neuroimaging and neurosurgery programs; and
WHEREAS, part of the program to be re-established includes the need for qualified neuroangiography technologists to be employed by the University of Wisconsin Hospitals and Clinics Board (UWHC Board); and
WHEREAS, there is a shortage of qualified neuroangiography technologists; and
WHEREAS, the individuals working in the neurointerventional angiography program were and continue to be under the direction of Dr. Donald R. Yandow, M.D., a University of Wisconsin Medical School faculty member; and
WHEREAS, the transfer of neurointerventional angiography technologist staff will provide a smooth transition and uninterupted quality patient care;
NOW, THEREFORE, I, TOMMY G. THOMPSON, Governor of the State of Wisconsin, by virtue of the authority vested in me by the Constitution and laws of the State of Wisconsin, and in accordance with Secs.111.93(3), 230.15(1m) and 230.15(2), Wis. Stats., and the contract between the State of Wisconsin and the Wisconsin State Employees Union in Article V, Section 1, do hereby direct that:
All employees of the adjoining Middleton VA Hospital neurointerventional angiography program who the Department of Employment Relations determines are eligible for accretion into the classified service of the State of Wisconsin at the UWHC Board shall be given seniority based on their service with the adjoining MIddleton VA Hospital.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Wisconsin to be affixed. Done at the Capitol in the city of Madison this twentieth day of September in the year one thousand nine hundred and ninety-six.
TOMMY G. THOMPSON
Governor
By the governor:
DOUGLAS LA FOLLETTE
Secretary of State
__________________
Relating to Wisconsin sales and use taxes.
Submitted by Department of Revenue.
Report received from Agency, September 19, 1996.
Referred to committee on Economic Development, Housing, Government Operations and Cultural Affairs, September 25, 1996.
Relating to review of plans for constructing or remodeling a hospital, nursing home or facility for the developmentally disabled (FDD), including review for compliance with the state building code, and fees for plan review.
Submitted by Department of Health and Social Services.
Report received from Agency, September 24, 1996.
Referred to committee on Health, Human Services, Aging and Corrections, September 25, 1996.
__________________
The committee on Agriculture, Transportation, Utilities and Financial Institutions reports and recommends:
Relating to egg grading, handling and labeling.
No action taken.
Relating to soil and water resource management.
No action taken.
Relating to standards for water public utility service.
No action taken.
Relating to CDL waivers for snowplow operators employed by local units of government with populations of less than 3,000.
No action taken.
