AB100, s. 2984
14Section
2984. 146.0255 (3) (b) of the statutes is amended to read:
AB100,1257,1815
146.0255
(3) (b) A statement of explanation that the test results must be
16disclosed to a county department under s.
46.215, 46.22 or 46.23
or, in a county
17having a population of 500,000 or more, to the county department under s. 51.42 or
1851.437 in accordance with s. 46.238 if the test results are positive.
AB100, s. 2986
20Section
2986. 146.19 (2) (intro.) of the statutes is amended to read:
AB100,1258,321
146.19
(2) Cooperative American Indian health project grants. (intro.) From
22the appropriation under s. 20.435
(1) (5) (ek), the department shall award grants for
23cooperative American Indian health projects in order to promote cooperation among
24tribes, tribal agencies, inter-tribal organizations and other agencies and
25organizations in addressing specific problem areas in the field of American Indian
1health. A tribe, tribal agency or inter-tribal organization may apply, in the manner
2specified by the department, for a grant of up to $10,000 to conduct a cooperative
3American Indian health project, which meets all of the following requirements:
AB100, s. 2987
4Section
2987. 146.40 (3) of the statutes is amended to read:
AB100,1258,165
146.40
(3) The Except as provided in sub. (4d), the department shall certify
6instructional and competency evaluation programs for nurse's assistants, for home
7health aides and for hospice aides that apply for certification and satisfy standards
8for certification promulgated by rule by the department. The department shall
9review the curriculum of each certified instructional and competency evaluation
10program at least once every 36 months following the date of certification to determine
11whether the program satisfies the standards for certification.
The Under this
12subsection, the department may, after providing notice, suspend or revoke the
13certification of an instructional and competency evaluation program or impose a plan
14of correction on the program if the program does not satisfy the standards for
15certification or operates under conditions that are other than those contained in the
16application approved by the department.
AB100, s. 2988
17Section
2988. 146.40 (3m) of the statutes is amended to read:
AB100,1259,218
146.40
(3m) The department shall review competency evaluation programs for
19nurse's assistants, for home health aides and for hospice aides and
, except as
20provided in sub. (4d), may approve those competency evaluation programs that
21satisfy standards for approval that are specified in rules of the department.
The 22Under this subsection, the department may, after providing notice, suspend or
23revoke approval of a competency evaluation program or impose a plan of correction
24if the competency evaluation program fails to satisfy the standards or operates under
1conditions that are other than those contained in the application approved by the
2department.
AB100, s. 2989
3Section
2989. 146.40 (4d) of the statutes is created to read:
AB100,1259,84
146.40
(4d) (a) The department shall require each applicant to provide the
5department with his or her social security number, if the applicant is an individual,
6or the applicant's federal employer identification number, if the applicant is not an
7individual, as a condition of issuing a certification under sub. (3) or an approval
8under sub. (3m).
AB100,1259,119
(b) The department may not disclose any information received under par. (a)
10to any person except to the department of revenue for the sole purpose of requesting
11certifications under s. 73.0301.
AB100,1259,1412
(c) The department shall deny an application for the issuance of a certification
13or approval specified in par. (a) if the applicant does not provide the information
14specified in par. (a). A denial under this paragraph is subject to review under ch. 227.
AB100,1259,1815
(d) The department shall deny an application for the issuance of a certification
16or approval specified in par. (a) or shall revoke a certification or approval if the
17department of revenue certifies under s. 73.0301 that the applicant for or holder of
18a certification or approval is liable for delinquent taxes.
AB100, s. 2990
19Section
2990. 146.40 (4m) of the statutes is amended to read:
AB100,1260,1020
146.40
(4m) An instructional and competency evaluation program under sub.
21(3) for which the department has suspended or revoked certification or imposed a
22plan of correction or a competency evaluation program under sub. (3m) for which the
23department has suspended or revoked approval or imposed a plan of correction may
24contest the department's action by sending, within 10 days after receipt of notice of
25the contested action, a written request for hearing under s. 227.44 to the division of
1hearings and appeals created under s. 15.103 (1). The administrator of the division
2may designate a hearing examiner to preside over the case and recommend a decision
3to the administrator under s. 227.46. The decision of the administrator of the
4division shall be the final administrative decision. The division shall commence the
5hearing within 30 days after receipt of the request for hearing and shall issue a final
6decision within 15 days after the close of the hearing. Proceedings before the division
7are governed by ch. 227. In any petition for judicial review of a decision by the
8division, the party, other than the petitioner, who was in the proceeding before the
9division shall be the named respondent.
This subsection does not apply to a
10revocation of certification under sub. (4d) (d).
AB100, s. 2991
11Section
2991. 146.50 (5) (a) of the statutes is amended to read:
AB100,1260,1612
146.50
(5) (a)
The Except as provided in s. 146.51, the department shall license
13qualified applicants as ambulance service providers or emergency medical
14technicians. The department shall, from the information on the certification form
15specified under sub. (6) (c) 2., establish in each ambulance service provider's biennial
16license the primary service or contract area of the ambulance service provider.
AB100, s. 2992
17Section
2992. 146.50 (5) (b) of the statutes is amended to read:
AB100,1260,2018
146.50
(5) (b) The department shall promulgate rules establishing a system
19and qualifications for issuance of training permits
, except as provided in s. 146.51, 20and specifying the period for which an individual may hold a training permit.
AB100, s. 2993
21Section
2993. 146.50 (5) (g) of the statutes is amended to read:
AB100,1261,222
146.50
(5) (g)
An Except as provided in s. 146.51, an emergency medical
23technician license shall be issued to the individual licensed, and the department may
24not impose a requirement that an individual be affiliated with an ambulance service
1provider in order to receive an emergency medical technician license or to have an
2emergency medical technician license renewed.
AB100, s. 2994
3Section
2994. 146.50 (6) (a) (intro.) of the statutes is amended to read:
AB100,1261,54
146.50
(6) (a) (intro.)
To Except as provided in s. 146.51, to be eligible for an
5initial license as an emergency medical technician, an individual shall:
AB100, s. 2995
6Section
2995. 146.50 (6) (b) 1. of the statutes is amended to read:
AB100,1261,107
146.50
(6) (b) 1.
To Except as provided in s. 146.51, to be eligible for a renewal
8of a license as an emergency medical technician, the licensee shall, in addition to
9meeting the requirements of par. (a) 1., complete the training, education or
10examination requirements specified in rules promulgated under subd. 2.
AB100, s. 2996
11Section
2996. 146.50 (6) (c) (intro.) of the statutes is amended to read:
AB100,1261,2112
146.50
(6) (c) (intro.)
To Except as provided in s. 146.51, to be eligible for a
13license as an ambulance service provider, an individual shall be 18 years of age or
14older and have such additional qualifications as may be established in rules
15promulgated by the department, except that no ambulance service provider may be
16required to take training or an examination or receive education to qualify for
17licensure or for renewal of licensure. An ambulance service provider shall, as a
18condition of licensure, provide medical malpractice insurance sufficient to protect all
19emergency medical technicians who perform for compensation as employes of the
20ambulance service provider. For renewal of a biennial license as an ambulance
21service provider, an applicant shall also provide all of the following:
AB100, s. 2997
22Section
2997. 146.50 (6g) (a) of the statutes is amended to read:
AB100,1261,2523
146.50
(6g) (a)
The Except as provided in s. 146.51, the department shall certify
24qualified applicants for the performance of defibrillation, under certification
25standards that the department shall promulgate as rules.
AB100, s. 2998
1Section
2998. 146.50 (7) of the statutes is amended to read:
AB100,1262,82
146.50
(7) Licensing in other jurisdictions. The Except as provided in s.
3146.51, the department may issue a license as an emergency medical technician,
4without examination, to any individual who holds a current license or certificate as
5an emergency medical technician from another jurisdiction if the department finds
6that the standards for licensing or issuing certificates in the other jurisdiction are
7at least substantially equivalent to those in this state, and that the applicant is
8otherwise qualified.
AB100, s. 2999
9Section
2999. 146.50 (8) (a) of the statutes is amended to read:
AB100,1262,1110
146.50
(8) (a)
The Except as provided in s. 146.51, the department shall certify
11qualified applicants as first responders—defibrillation.
AB100, s. 3000
12Section
3000. 146.50 (8) (b) of the statutes is amended to read:
AB100,1262,1513
146.50
(8) (b) To be eligible for initial certification as a first
14responder—defibrillation,
except as provided in s. 146.51, an individual shall meet
15requirements specified in rules promulgated by the department.
AB100, s. 3001
16Section
3001. 146.50 (8) (c) of the statutes is amended to read:
AB100,1262,2017
146.50
(8) (c) To be eligible for a renewal of a certificate as a first
18responder—defibrillation,
except as provided in s. 146.51, the holder of the
19certificate shall satisfactorily complete any requirements specified in rules
20promulgated by the department.
AB100, s. 3002
21Section
3002. 146.50 (8) (f) of the statutes is amended to read:
AB100,1263,422
146.50
(8) (f)
The Except as provided in s. 146.51, the department may issue
23a certificate as a first responder—defibrillation, without requiring satisfactory
24completion of any instruction or training that may be required under par. (b), to any
25individual who holds a current license or certificate as a first responder from another
1jurisdiction if the department finds that the standards for licensing or issuing
2certificates in the other jurisdiction are at least substantially equivalent to the
3standards for issuance of certificates for first responders—defibrillation in this state,
4and that the applicant is otherwise qualified.
AB100, s. 3003
5Section
3003. 146.51 of the statutes is created to read:
AB100,1263,10
6146.51 Denial, nonrenewal and suspension of license, training permit
7or certification based on certain delinquency in payment. (1) The
8department shall require each applicant to provide the department with the
9applicant's social security number, if the applicant is an individual, as a condition of
10issuing or renewing any of the following:
AB100,1263,1111
(a) A license under s. 146.50 (5) (a).
AB100,1263,1212
(b) A training permit under s. 146.50 (5) (b).
AB100,1263,1313
(c) A certification under s. 146.50 (6g) (a) or (8) (a).
AB100,1263,16
14(2) The department may not disclose any information received under sub. (1)
15to any person except to the department of industry, labor and job development for the
16purpose of making certifications required under s. 49.857.
AB100,1263,25
17(3) The department shall deny an application for the issuance or renewal of a
18license, training permit or certification specified in sub. (1), shall suspend a license,
19training permit or certification specified in sub. (1) or may, under a memorandum of
20understanding under s. 49.857 (2), restrict a license, training permit or certification
21specified in sub. (1) if the department of industry, labor and job development certifies
22under s. 49.857 that the applicant for or holder of the license, training permit or
23certification is delinquent in the payment of court-ordered payments of child or
24family support, maintenance, birth expenses, medical expenses or other expenses
25related to the support of a child or former spouse.
AB100, s. 3004
1Section
3004. 146.55 (4) (a) of the statutes is amended to read:
AB100,1264,92
146.55
(4) (a) From the appropriation under s. 20.435
(1) (5) (rm), the
3department shall annually distribute funds for ambulance service vehicles or vehicle
4equipment, emergency medical services supplies or equipment or emergency
5medical training for personnel to an ambulance service provider that is a public
6agency, a volunteer fire department or a nonprofit corporation, under a funding
7formula consisting of an identical base amount for each ambulance service provider
8plus a supplemental amount based on the population of the ambulance service
9provider's primary service or contract area, as established under s. 146.50 (5).
AB100, s. 3005
10Section
3005. 146.55 (5) of the statutes is amended to read:
AB100,1264,1811
146.55
(5) Emergency medical technician training and examination aid. From
12the appropriation under s. 20.435
(1) (5) (rm), the department shall annually
13distribute funds to entities, including technical college districts, whose courses or
14instructional programs are approved by the department under s. 146.50 (9), to assist
15the entities in providing the training required for licensure and renewal of licensure
16as an emergency medical technician—basic under s. 146.50 (6), and to fund each
17examination administered by the entity for licensure or renewal of licensure as an
18emergency medical technician—basic under s. 146.50 (6) (a) 3. and (b) 1.
AB100, s. 3006
19Section
3006. 146.57 (3) (a) of the statutes is amended to read:
AB100,1265,220
146.57
(3) (a) The department shall implement a statewide poison control
21program. From the appropriation under s. 20.435
(1)
(5) (ds), the department shall,
22if the requirement under par. (b) is met, distribute total funding of not more than
23$187,500 in each fiscal year to supplement the operation of the program and to
24provide for the statewide collection and reporting of poison control data. The
1department may, but need not, distribute all of the funds in each fiscal year to a single
2poison control center.
AB100, s. 3007
3Section
3007. 146.58 (8) of the statutes is amended to read:
AB100,1265,54
146.58
(8) Review the annual budget prepared by the department for the
5expenditures under s. 20.435
(1) (5) (rm).
AB100, s. 3008
6Section
3008. 146.70 (1) (f) of the statutes is amended to read:
AB100,1265,107
146.70
(1) (f) "Public agency" means any
municipality local governmental unit, 8as defined in s. 345.05 (1)
(c) (bg), or any state agency which provides or is authorized
9by statute to provide fire fighting, law enforcement, ambulance, medical or other
10emergency services.
AB100, s. 3009
11Section
3009. 146.81 (1) (hm) of the statutes is amended to read:
AB100,1265,1412
146.81
(1) (hm) A speech-language pathologist or audiologist licensed under
13subch. II of ch. 459 or a speech and language pathologist licensed by the department
14of
education public instruction.
AB100, s. 3010
15Section
3010. 146.82 (2) (a) 9. e. of the statutes is amended to read:
AB100,1266,1216
146.82
(2) (a) 9. e. The restrictions on information that is obtainable by staff
17members of the protection and advocacy agency or private, nonprofit corporation
18that are specified in subd. 9. c. and d. do not apply if the custodian of the record fails
19to promptly provide the name and address of the parent or guardian; if a complaint
20is received by the agency or nonprofit corporation about a patient, or if the agency
21or nonprofit corporation determines that there is probable cause to believe that the
22health or safety of the patient is in serious and immediate jeopardy, the agency or
23nonprofit corporation has made a good-faith effort to contact the parent or guardian
24upon receiving the name and address of the parent or guardian, the agency or
25nonprofit corporation has either been unable to contact the parent or guardian or has
1offered assistance to the parent or guardian to resolve the situation and the parent
2or guardian has failed or refused to act on behalf of the patient;
or if a complaint is
3received by the agency or nonprofit corporation about a patient or there is otherwise
4probable cause to believe that the patient has been subject to abuse or neglect
by a
5parent or guardian; or if the patient is a minor whose custody has been transferred
6to a legal custodian, as defined in s. 48.02 (11) or for whom, the patient is unable by
7reason of his or her mental or physical condition to authorize the agency or nonprofit
8corporation to have access and the patient, if an adult, does not have a guardian
9appointed under s. 880.33 or, if a minor, has had appointed a guardian that is an
10agency of the state or a county
has been appointed
or does not have a parent, a
11guardian appointed under s. 48.831, a legal custodian, as defined in s. 48.02 (11), or
12a guardian appointed under s. 880.33.
AB100, s. 3011
13Section
3011. 146.93 (1) (a) of the statutes is amended to read:
AB100,1266,1714
146.93
(1) (a) From the appropriation under s. 20.435
(1) (5) (gp), the
15department shall maintain a program for the provision of primary health care
16services based on the primary health care program in existence on June 30, 1987.
17The department may promulgate rules necessary to implement the program.
AB100, s. 3012
18Section
3012. 146.99 of the statutes is amended to read:
AB100,1267,2
19146.99 Assessments. The department shall, within 90 days after the
20commencement of each fiscal year, estimate the total amount of expenditures and the
21department shall assess the estimated total amount under s. 20.435
(1) (5) (gp) to
22hospitals, as defined in s. 50.33 (2), in proportion to each hospital's respective gross
23private-pay patient revenues during the hospital's most recently concluded entire
24fiscal year. Each hospital shall pay its assessment on or before December 1 for the
1fiscal year. All payments of assessments shall be deposited in the appropriation
2under s. 20.435
(1) (5) (gp).
AB100, s. 3013
3Section
3013. Chapter 149 (title) of the statutes is created to read:
AB100,1267,44
Chapter 149
AB100,1267,65
Mandatory health insurance
6
risk-sharing plan
AB100, s. 3014
7Section
3014. 149.10 (2c) of the statutes is created to read:
AB100,1267,88
149.10
(2c) "Commissioner" means the commissioner of insurance.
AB100, s. 3015
9Section
3015. 149.10 (2m) of the statutes is created to read:
AB100,1267,1110
149.10
(2m) "Department" means the department of health and family
11services.
AB100, s. 3016
12Section
3016. 149.10 (4c) of the statutes is created to read:
AB100,1267,1413
149.10
(4c) "Health maintenance organization" has the meaning given in s.
14609.01 (2).
AB100, s. 3017
15Section
3017. 149.10 (4p) of the statutes is created to read:
AB100,1267,1616
149.10
(4p) (a) "Insurance" includes any of the following:
AB100,1267,1917
1. Risk distributing arrangements providing for compensation of damages or
18loss through the provision of services or benefits in kind rather than indemnity in
19money.
AB100,1267,2120
2. Contracts of guaranty or suretyship entered into by the guarantor or surety
21as a business and not as merely incidental to a business transaction.
AB100,1267,2222
3. Plans established and operated under ss. 185.981 to 185.985.
AB100,1267,2423
(b) "Insurance" does not include a continuing care contract, as defined in s.
24647.01 (2).
AB100, s. 3018
25Section
3018. 149.10 (5m) of the statutes is created to read:
AB100,1268,2
1149.10
(5m) "Limited service health organization" has the meaning given in
2s. 609.01 (3).
AB100, s. 3019
3Section
3019. 149.10 (8b) of the statutes is created to read:
AB100,1268,54
149.10
(8b) "Plan administrator" means the fiscal agent specified under s.
5149.16.
AB100, s. 3020
6Section
3020. 149.10 (8c) of the statutes is created to read:
AB100,1268,97
149.10
(8c) "Policy" means any document other than a group certificate used
8to prescribe in writing the terms of an insurance contract, including endorsements
9and riders and service contracts issued by motor clubs.
AB100, s. 3021
10Section
3021. 149.10 (8m) of the statutes is created to read:
AB100,1268,1111
149.10
(8m) "Preferred provider plan" has the meaning given in s. 609.01 (4).
AB100, s. 3022
12Section
3022. 149.10 (8p) of the statutes is created to read: