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(b) The record of the public meeting under sub. (9) (a).
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1(c) The commission's analysis of the project and its compliance with the criteria
2specified in sub. (8).
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(d) The record of the hearing held under sub. (9) (c).
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4(e) The commission's decision and analysis issued under sub. (9) (b) or (c) 3.
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5(11) Validity and contents of an approval. (a) An approval is valid for one
6year from the date of issuance. The commission may grant a single extension of up
7to 6 months.
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8(b) The commission shall specify the maximum expenditure that may be
9obligated for a project.
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10(c) Each approval shall include the proposed timetable for implementing and
11completing the project and, for the 3-year period following completion of the project,
12the project's depreciation and interest schedule, staff required for the project, the
13proposed per diem rate needed to pay capital costs and the proposed per diem rate
14needed to pay operating costs.
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15(12) Rate approval. Rate reimbursement to cover the cost of the project
16established for medical assistance under s. 49.45 (3) (e) may not exceed the rates
17proposed in the approval under sub. (11) (c) by more than 5% during the 3-year
18period following completion of the project. This subsection does not apply if the
19hospital demonstrates to the satisfaction of the commission that the excess was due
20to conditions beyond its control.
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21(13) Capital budget reporting. Each hospital shall annually, by January 1,
22beginning January 1, 1998, report to the commission a proposed capital budget for
23the 5-year period that begins with July 1, 1998. This budget shall specify all
24anticipated capital expenditures subject to this section and anticipated application
25dates, if any. This requirement does not apply to the purchase or other acquisitions
1of a hospital under sub. (1) (d). An application under sub. (5) from a hospital to
2approve a project is not complete until the commission receives this information.
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3(14) Rule making. The commission shall promulgate all of the following rules:
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(a) Establishing review requirements under sub. (7) (b).
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5(b) Establishing procedures and standards under sub. (9) (c) 2.
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6(c) Establishing a method for defining an acute care service area under sub. (16)
7(b).
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8(d) Establishing appropriate fees for applications, as specified in sub. (6).
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9(15) Enforcement. (a) No person may recover through charges or rates any
10depreciation, interest or principal payments or any operating expenses associated
11with a project subject to this section that does not have the commission's approval.
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12(b) 1. If a project whose cost falls below the minimum threshold specified in sub.
13(1) (a), (b) or (c) incurs costs exceeding the threshold, the person who operates the
14project shall submit an application for the commission's approval under sub. (1).
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152. If a project that has received the commission's approval incurs a cost overrun,
16the person who operates the project shall submit another application for the
17commission's approval under sub. (1).
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18(c) No person may subdivide a project to avoid the requirements of this section.
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19(d) The commission's approval of any project is revoked if the capital
20expenditures specified in the approval have not been obligated, if financing in an
21amount sufficient to complete the project has not been obtained or if substantial and
22continuing progress has not been undertaken within the period specified in the
23approval. In addition, the commission's approval of any project is revoked if the
24person who operates a project misses any other deadlines specified in the approval
25and fails to make a good faith effort to meet these deadlines.
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1(e) The commission may reject the application for approval of a project operated
2by any person who has repeatedly been subject to the penalties specified in this
3subsection or may impose restrictions as part of its approval to ensure compliance
4with this section.
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5(16) State health services plan. (a) The commission shall adopt a state health
6services plan using information provided by the office of health care information in
7the office of the commissioner of insurance, at least once every 3 years that includes
8a description of the hospital system in the state and identifies health care needs and
9surpluses with respect to existing health care services, facilities and equipment and
10other components the commission finds useful.
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11(b) The commission may not accept any application for a project under this
12section for the addition of hospital beds that would exceed the number of beds
13described by the state health services plan for the acute care service area where the
14project would be located. The commission shall establish its method for defining an
15acute care service area by rule.
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16Section
14. 632.75 (5) of the statutes is amended to read:
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632.75
(5) Payments for hospital services. No insurer may reimburse a
18hospital for patient health care costs at a rate exceeding the rate established under
19ch. 54, 1985 stats., or s. 146.60, 1983 stats., for care provided prior to July 1, 1987 20subch. II of ch. 196.
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(1)
Public service commission; hospital rate setting.
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(a) By October 1, 1997, the public service commission shall submit, under
24section 16.515 of the statutes, a request to supplement the appropriation under
25section 20.155 (3) (gm) of the statutes, as created by this act, that details a proposed
1budget for activities of the public service commission under subchapter II of chapter
2196 of the statutes, as created by this act.
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(b)
1. The public service commission shall submit proposed rules required
4under section 196.993 of the statutes, as created by this act, to the legislative council
5staff for review under section 227.15 (1) of the statutes no later than January 1, 1998.
6These rules may not take effect before July 1, 1998.
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72. Using the procedure under section 227.24 of the statutes, the public service
8commission shall promulgate rules required under section 196.993 (2) of the
9statutes, as created by this act, for the period prior to the effective date of the rules
10submitted under subdivision 1., but not to exceed the period authorized under
11section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a)
12and (2) (b) of the statutes, the public service commission need not provide evidence
13of the necessity of preservation of the public peace, health, safety or welfare in
14promulgating the rules under this paragraph.
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(c) By January 1, 1998, the public service commission shall do all of the
16following:
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171. Estimate the total amount of revenue required for fiscal year 1997-98 for
18administration by the commission of subchapter II of chapter 196 of the statutes, as
19created by this act.
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202. Assess the estimated total amount under subdivision 1
. to hospitals, as
21defined in section 150.01 (12) of the statutes, under the rates established by rule
22under paragraph (b) 2. and in proportion to each hospital's respective net income, as
23defined in section 196.9996 (1) (e) of the statutes, as created by this act, during the
24hospital's most recently concluded entire fiscal year, except that the public service
1commission may not assess a hospital that has a net income of 3% or less over the
2net income for the hospital's next most recently concluded entire fiscal year.
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33. Credit all payments of assessments to the appropriation under section
420.155 (3) (gm) of the statutes, as created by this act.
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(d) Every hospital that is assessed under paragraph (c
) 2. shall, by April 1,
61998, pay the entire amount assessed the hospital.
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(1)
Public service commission; hospital rate setting. This act first applies to
9requests for rate changes submitted under subchapter II of chapter 196 of the
10statutes, as created by this act, on July 1, 1998.
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11Section
17.
Effective dates. This act takes effect on September 1, 1997, or
12on the day after publication, whichever is later, except as follows:
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(1)
Hospital rate setting. The repeal of section 20.155 (3) (a) of the statutes
14takes effect on January 1, 1999.