Wisconsin Legislature: 9,9123

(6e) Computer recycling program. The authorized FTE positions for the department of corrections are increased by 4.0 SEG project positions for the period ending on June 30, 2001, to be funded from the appropriation under section 20.410 (1) (qm) of the statutes, as created by this act, for the purpose of the department's computer recycling program.

9,9113 Section 9113. Nonstatutory provisions; educational communications board.

(1mm) Restructuring public broadcasting and funding digital television transition committee. There is created a restructuring public broadcasting and funding digital television transition committee, which shall consist of 6 members appointed by the governor, one member appointed by the senate majority leader and one member appointed by the speaker of the assembly. Of the members appointed by the governor, one member shall be appointed from a list of nominees submitted by the Friends of WHA-TV, one member shall be appointed from a list of nominees submitted by the president of the University of Wisconsin System or his or her designee, one member shall be appointed from a list of nominees submitted by the educational communications board, one member shall be appointed from a list of nominees submitted by the state superintendent of public instruction or his or her designee and one member shall be appointed from a list of nominees submitted by the director of the technical college system or his or her designee. The governor shall designate one of the members of the committee as the chairperson. The committee shall recommend legislation for restructuring the organization of public broadcasting in this state and funding the transition to digital television for public broadcasting in this state. On or before January 15, 2000, the committee shall submit the proposed legislation to the governor, and to the legislature for distribution to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes. The committee shall cease to exist when the committee has submitted the proposed legislation required under this subsection , or on January 15, 2000, whichever occurs sooner.

9,9115 Section 9115. Nonstatutory provisions; employe trust funds.

(1g) Private employer health care coverage board. Notwithstanding the length of terms specified for the members of the private employer health care coverage board under section 15.165 (5) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

(a) The members specified under section 15.165 (5) (a) 1., 3. and 7. of the statutes, as created by this act, for terms expiring on May 1, 2002.

(b) The members specified under section 15.165 (5) (a) 2., 5. and 8. of the statutes, as created by this act, for terms expiring on May 1, 2003.

(c) The members specified under section 15.165 (5) (a) 4. and 6. of the statutes, as created by this act, for terms expiring on May 1, 2004.

(1h) Position authorization for provision of benefits. The authorized FTE positions for the department of employe trust funds are increased by 19 SEG project positions for the period ending on June 30, 2001, to be funded from the appropriation under section 20.515 (1) (v) of the statutes, as created by this act, for the purpose of providing benefits under the Wisconsin retirement system.

(2) Position authorizations for the department of employe trust funds. The authorized FTE positions for the department of employe trust funds are increased by 3.5 GPR positions on the effective date of this subsection, to be funded from the appropriation under section 20.515 (2) (a) of the statutes, as created by this act, for the purpose of designing and contracting for administrative services for the private employer health care coverage program under subchapter X of chapter 40 of the statutes, as created by this act.

(3) Grant for administration of program.

(a) In this subsection:

1. "Administrator" means the administrator selected by the department under section 40.98 (2) (a) 2. of the statutes, as created by this act.

2. "Department" means the department of employe trust funds.

3. "Secretary" means the secretary of employe trust funds.

(b) The department shall make a grant of $200,000 from the appropriation under section 20.515 (2) (b) of the statutes, as created by this act, to the administrator for costs associated with administering the health care coverage plans under the program under subchapter X of chapter 40 of the statutes, as created by this act, if all of the following apply:

1. The administrator submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

2. The administrator enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

3. The administrator agrees in writing to submit to the department the report required under paragraph (c) by the time required under paragraph (c).

(c) If the administrator receives a grant under this subsection, the administrator shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

9,9117 Section 9117. Nonstatutory provisions; employment relations department.

(1w) Training programs. The authorized FTE positions for the department of employment relations are increased by 0.5 PR position, to be funded from the appropriation under section 20.512 (1) (jm) of the statutes, for the purpose of providing training services.

9,9121 Section 9121. Nonstatutory provisions; governor.

(1c) Position authorizations. The authorized FTE positions for the office of the governor are increased by 2.0 GPR policy analyst positions on January 1, 2000, to be funded from the appropriation under section 20.525 (1) (a) of the statutes.

(1w) Dane County regional planning commission. The governor shall appoint a task force, consisting of 15 members, which shall study, and make recommendations regarding, the creation of a multicounty regional planning commission to replace the Dane County regional planning commission after its dissolution.

9,9123 Section 9123. Nonstatutory provisions; health and family services.

(1) Rules for family care benefit. Using the procedure under section 227.24 of the statutes, the department of health and family services shall promulgate the rules required under sections 46.286 (4) to (7), 46.288 (1) to (3) and 50.02 (2) (d) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under sections 46.286 (4) to (7), 46.288 (1) to (3) and 50.02 (2) (d) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

(1m) Report on family care. Notwithstanding section 16.42 (1) of the statutes, by November 1, 2000, the department of health and family services shall submit to the governor, as part of the department's 2001-03 biennial budget request, a report that describes the implementation and outcomes of the pilot projects under section 46.281 (1) (d) of the statutes, as created by this act, and that makes recommendations on the family care program under sections 46.2805 to 46.2895 of the statutes, as created by this act.

(1n) Alternative to family care.

(a) The department of health and family services shall, as soon as possible before July 1, 2002, seek waivers of federal medical assistance statutes and regulations from the federal department of health and human services that are necessary to implement in up to 3 pilot sites a model for the provision of long-term care that is an alternative to the family care program under sections 46.2805 to 46.2895 of the statutes, as created by this act, that would have all of the following characteristics:

1. Medical assistance coverage of services under waiver programs under sections 46.27 (11), 46.275, 46.277 and 46.278 of the statutes would be expanded to include selected services specified under section 49.46 (2) (b) of the statutes, including personal care and home health care.

2. Counties in which the pilot sites are located would provide or contract for the provision of, organize or arrange for long-term care services to eligible persons, but would not be required to compete with private or nonprofit organizations for contracts to provide the long-term care.

3. Counties in which the pilot sites are located would provide services of a resource center, as specified under section 46.283 (4) of the statutes, as created by this act. However, the entity providing the services need not be separate from an entity that provides, contracts for the provision of, organizes or arranges for long-term care services under subdivision 2., except that a county may contract for the provision of functions if necessary to obtain federal waiver approval.

4. The cost of the program would not exceed the cost of relevant aspects of the family care program.

5. Pilot sites would be required to reduce average costs per person served in the areas of the sites under sections 46.27 (11), 46.275, 46.277 and 46.278 of the statutes as compared to those costs for the calendar year preceding implementation of the alternative model, in order to serve additional persons on waiting lists for the services.

6. The department of health and family services would distribute funding to the pilot sites on a per person per month payment basis using the same methodology as that used under section 46.284 (5) (a) of the statutes, as created by this act, as adjusted for the specific services provided.

7. The risk-sharing provisions specified under section 46.284 (5) of the statutes, as created by this act, would apply to pilot sites.

8. Resource centers operated by pilot sites would be required to provide or contract for the provision of services similar to those specified under section 46.283 (3) (a), (b), (e), (f), (g), (i) and (k) of the statutes, as created by this act.

(b) If the federal waivers specified under paragraph (a) are approved, the department of health and family services shall as soon as possible before July 1, 2002, seek enactment of statutory language, including appropriation of necessary funding, to implement the model described under paragraph (a), as approved under the federal waivers.

(2) Health insurance risk-sharing plan and medical assistance purchase plan. The department of health and family services shall evaluate how to coordinate the health insurance risk-sharing plan under chapter 149 of the statutes, as affected by this act, and the medical assistance purchase plan under section 49.472 of the statutes, as created by this act. If necessary, the department shall develop proposed legislation that coordinates the programs and that addresses the provision of health care coverage for individuals who are eligible for both programs.

(3) Mental health and alcohol or other drug abuse managed care demonstration projects.

(a) From the appropriations under section 20.435 (6) (a) of the statutes, as affected by this act, and section 20.435 (6) (n) of the statutes, the department of health and family services shall contract with counties or federally recognized American Indian tribes or bands to provide up to 4 demonstration projects in state fiscal year 2000-01. The demonstration projects shall be to provide mental health and alcohol or other drug abuse services under managed care programs to persons who suffer from mental illness, alcohol or other drug dependency or both mental illness and alcohol or other drug dependency.

(b) The department of health and family services shall submit for approval by the secretary of the federal department of health and human services any requests for waiver of federal medical assistance laws that are necessary to secure federal financial participation for the managed care demonstration projects under this subsection. Regardless of whether a waiver is approved, the department of health and family services may contract for the provision of the managed care demonstration projects under this subsection.

(5) Preliminary breath screening instruments. From the appropriation account under section 20.435 (6) (hx) of the statutes, as affected by this act, the secretary of administration shall transfer $290,900 to the appropriation account under section 20.395 (5) (ci) of the statutes not later than 30 days after the effective date of this subsection.

(6tt) Badger Care premiums for Native Americans. If the department of health and family services receives notification from the federal department of health and human services that Native Americans may not be required to contribute to the cost of health care coverage under the badger care program under section 49.665 of the statutes, as affected by this act, the department shall request the joint committee on finance to supplement the appropriation account under section 20.435 (4) (bc) of the statutes, as affected by this act, from the appropriation account under section 20.865 (4) (a) of the statutes for the 1999-2001 fiscal biennium. Notwithstanding section 13.101 (3) of the statutes, if, within 14 days after receiving the request, the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of approving the request for supplementation, the request shall be considered approved and the appropriation account under section 20.435 (4) (bc) of the statutes, as affected by this act, shall be supplemented from the appropriation account under section 20.865 (4) (a) of the statutes in the amount requested.

(6tu) Grants to tribal health centers. No later than the first day of the 2nd month beginning after the effective date of this subsection, the department of health and family services shall submit a plan to the joint committee on finance that specifies the distribution formula for grants under section 146.19 (2m) of the statutes, as created by this act. If, within 14 days after receiving the plan, the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department shall distribute the grants under section 146.19 (2m) of the statutes, as created by this act, in accordance with the plan. If, within 14 days after receiving the plan, the cochairpersons notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may not distribute the grants except as approved by the committee.

(7) Report to legislature regarding hunger prevention grants. The department of health and family services shall, by June 30, 2000, submit a report to the governor, and to the legislature in the manner provided under section 13.172 (2) of the statutes, on grants made under section 46.765, 1997 stats., and the community-based hunger prevention activities conducted using those grants.

(7t) Nocturnal enuresis study. The department of health and family services shall conduct a study of the efficacy of urine alarms used in conjunction with behavior modification therapy and case management, including bimonthly visits with a specialist, as a treatment for nocturnal enuresis. Not later than January 1, 2000, the department shall report its findings to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes. The department shall include in its report the estimated costs of covering under the medical assistance program the treatment studied.

(7w) Client assistance for reemployment and economic support. The departments of health and family services and workforce development shall jointly develop a plan to modify the client assistance for reemployment and economic support system such that an individual may have his or her eligibility for any public assistance program determined independently of his or her eligibility for any other public assistance program. The departments shall submit their plan to the joint committee on finance not later than November 1, 1999.

(8d) Study on electronic benefits transfer systems under the supplemental food program for women, infants and children.

(a) The department of health and family services shall study all of the following:

1. The program and operational requirements of establishing an electronic benefit transfer system under the supplemental food program for women, infants and children.

2. Information system requirements for administering an electronic benefit transfer system under the supplemental food program for women, infants and children.

3. Compatibility of an electronic benefit transfer system under the supplemental food program for women, infants and children with existing electronic benefit transfer systems.

4. The costs and benefits of implementing an electronic benefit transfer system to the department of health and family services, participants and vendors under the supplemental food program for women, infants and children.

5. Possible funding sources for the implementation of an electronic benefit transfer system under the supplemental food program for women, infants and children.

(b) Not later than January 1, 2002, the department of health and family services shall report the findings of the study under paragraph (a) to the cochairpersons of the joint committee on finance. The report shall also include recommendations for fraud reduction under the supplemental food program for women, infants and children.

(8gm) DNA probe machine. From the appropriation under section 20.435 (1) (a) of the statutes, the department of health and human services shall allocate $250,000 during the fiscal year 1999-2000 to the City of Milwaukee for the purchase of a DNA probe machine.

(8mx) Health care information proposal.

(a) By June 30, 2001, the department of health and family services may develop and submit a proposal to the department of administration for supplemental expenditure and position authority for the conduct of health care data collection activities, except as provided in paragraph (b), by the subunit of the department of health and family services that deals with health care information. If submitted, the proposal shall identify potential sources of revenue to support proposed health care data collection activities. The department of administration may submit the proposal, together with any proposed legislation required to implement the proposal, to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after receiving the proposal that the cochairpersons have scheduled a meeting for the purpose of reviewing the proposal, the department of administration may approve the proposed expenditure and position authority, as authorized under current law. If, within 14 working days after receiving the proposal, the cochairpersons notify the secretary of administration that the cochairpersons have scheduled a meeting for the purpose of reviewing the proposal, the department of administration may not approve the proposed expenditure and position authority, except as approved by the committee and as authorized under current law.

(b) By June 30, 2000, the department of health and family services, the subunit of the department of employe trust funds that deals with health care financing and the office of the commissioner of insurance shall together develop a proposal for consolidation of voluntarily provided health plan data collected by those agencies and a detailed memorandum of understanding for implementing the proposal. If the proposal is acceptable to each agency, the secretary of health and family services, the secretary of employe trust funds and the commissioner of insurance shall sign the memorandum of understanding and submit the proposal, the memorandum of understanding, a report concerning any potential cost savings from the consolidated collection of voluntarily provided health plan data and any proposed legislation required to implement the proposal to the department of administration. The department of administration may approve, disapprove or modify and approve any proposal it receives under this paragraph. If the department of administration approves the proposal, the department shall submit the proposal, together with any modifications the memorandum of understanding, the report and any proposed legislation to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after receiving the proposal that the cochairpersons have scheduled a meeting for the purpose of reviewing the proposal, the department of administration may approve any proposed expenditure and position authority contained in the proposal and any modifications of the proposal to the extent authorized under current law. If, within 14 working days after receiving the proposal, the cochairpersons notify the secretary of administration that the cochairpersons have scheduled a meeting for the purpose of reviewing the proposal, the department of administration may not approve the proposed expenditure and position authority contained in the proposal any proposed modifications of the proposal, except as approved by the committee and to the extent authorized under current law. If the proposal, as approved by the department of administration and the committee, if the committee approves the proposal, is not consistent with the memorandum of understanding, the department of health and human services, the subunit of the department of employe trust funds and the commissioner of insurance shall enter into a revised memorandum of understanding that is consistent with the approved proposal.

(8t) Report on Huntington's disease.

(a) In this subsection, "Huntington's disease" means an inherited, degenerative disease that usually begins during mid-life, is characterized by intellectual decline and irregular and involuntary movement of the limbs or facial muscles and may include personality change, memory disturbance, slurred speech, impaired judgment and psychiatric disorders.

(b) By January 1, 2000, the department of health and family services shall submit to the joint committee on finance a report on service provided to individuals with Huntington's disease that includes information on all of the following:

1. In each county of the state, the number of individuals with any type of disability who receive services under any of the following:

a. The long-term support community options program under section 46.27 (7) of the statutes.

b. The long-term support community options program under section 46.27 (11) of the statutes.

c. The community integration program under section 46.277 of the statutes.

d. County revenues.

2. In each county of the state, the number and percentage of individuals with Huntington's disease who receive services under the programs or source specified in subdivision 1. a. to d.

3. The type of services that individuals with any type of disability, including Huntington's disease, receive under the programs or source specified in subdivision 1. a. to d.

(9k) Grant to community health center.

(a) Subject to paragraph (b), the department of health and family services shall award $1,000,000 in fiscal year 1999-2000 as a grant to a community health center that is located in a 1st class city and that emphasizes the health care needs of minority group members, as defined in section 146.185 (1) (f) of the statutes, as created by this act, high-risk pregnant women, infants, children and the elderly.

(b) The department of health and family services may not award the grant under paragraph (a) unless the department submits to the cochairpersons of the joint committee on finance a report that details the amount of the proposed grant and the services to be provided under the grant by the community health center. If the cochairpersons of the committee do not notify the secretary of health and family services within 14 working days after receiving the report that the committee has scheduled a meeting for the purpose of reviewing the report, the department of health and family services shall award the grant under paragraph (a). If, within 14 working days after receiving the report, the cochairpersons notify the secretary of health and family services that the committee has scheduled a meeting for the purpose of reviewing the report, the department of health and family services may award the grant under paragraph (a) only if, and to the extent that, it is approved by the committee.

(9m) Facility payments; wage or salary and fringe benefits supplements.

(a) In addition to any facility payment rate increases for state fiscal years 1999-2000 and 2000-01, in order to permit a facility, as defined in section 49.45 (6m) (a) 3. of the statutes, to increase, beginning July 1, 1999, wages or salaries and fringe benefits for or increase staff hours of nurse's assistants, as determined by the department of health and family services, from the appropriations under section 20.435 (4) (b) and (o) of the statutes the department shall, beginning October 1, 1999, supplement facility payment rates under section 49.45 (6m) (av) of the statutes by an amount not to exceed $8,309,000 in state fiscal year 1999-2000 and $11,078,600 in state fiscal year 2000-01, or by 5% of the total amount of wages reported in the 1998 cost reports of facilities, whichever is less. The department shall calculate each facility's maximum payment per patient day under this paragraph by multiplying by 5% the amount obtained by dividing the total of nurse's assistants' wages or salaries of the facility by the total number of patient days of the facility, as indicated by the facility's 1998 cost reports. Each facility may apply to the department for up to the total maximum amount per patient day calculated for the facility and receive that supplemental amount for each medical assistance day of service provided.

(am) In order to ensure that a supplement provided to a facility under paragraph (a) was expended in accordance with the purpose specified in paragraph (a), the department of health and family services shall prepare a supplemental application form for completion by facilities in applying for the supplement, to determine whether the facility's nurse's assistants' wage or salary and fringe benefits costs per patient day have increased during the period after June 30, 1999, and before July 1, 2000, by a percentage that is at least equal to the percentage of increase under the supplement under paragraph (a). The department shall adjust the required percentage increase to account for all of the following:

1. Any payment rate increase or decrease applicable to the facility that is in effect beginning July 1, 1999, and is other than the supplement under paragraph (a).

2. The fact that the wage supplement percentage increase is based only on wages and salaries, while the cost comparison also includes fringe benefits.

3. Any decrease or increase in the facility's expenditures for contracted labor services.

4. Any change in the facility's patient acuity levels.

5. Whether or not the facility's reporting period corresponds to the supplement payment period.

6. Any other factor that the department determines is relevant and that is readily available in the data base of the department.

(b) In addition to any facility payment rate increases for state fiscal years 1999-2000 and 2000-01, in order to permit a facility, as defined in section 49.45 (6m) (a) 3. of the statutes, to increase, beginning July 1, 1999, wages or salaries and fringe benefits for or increase staff hours of housekeeping and laundry workers, dietitians and food workers, as determined by the department of health and family services, from the appropriations under section 20.435 (4) (b) and (o) of the statutes the department shall, beginning October 1, 1999, supplement facility payment rates under section 49.45 (6m) (av) of the statutes by an amount not to exceed $3,562,300 in state fiscal year 1999-2000 and $4,749,800 in state fiscal year 2000-01, or by multiplying the total amount of the wages reported in the 1998 cost reports of facilities by the percentage obtained under paragraph (bg), whichever is less. The department shall calculate each facility's maximum payment per patient day under this paragraph by multiplying by the percentage obtained under paragraph (bg) the amount obtained by dividing the total of the facility's housekeeping and laundry workers', dieticians' and food workers' wages or salaries by the total number of patient days of the facility, as indicated by the facility's 1998 cost reports. Each facility may apply to the department for up to the total maximum amount per patient day calculated for the facility and receive that supplemental amount for each medical assistance day of service provided.

(bg) The department of health and family services shall determine what percentage of the total amount of facilities' wages for housekeeping and laundry workers, dietitians and food workers reported in the 1998 cost reports of facilities will, in the best estimation of the department, most nearly equal the specified amounts of moneys under paragraph (b).

(bm) In order to ensure that a supplement provided to a facility under paragraph (b) was expended in accordance with the purpose specified in paragraph (b), the department of health and family services shall prepare a supplemental application form for completion by facilities in applying for the supplement, to determine whether the facility's housekeeping and laundry workers', dietitians' and food workers', wage or salary and fringe benefits costs per patient day have increased during the period after June 30, 1999, and before July 1, 2000, by a percentage that is at least equal to the percentage of increase obtained under paragraph (bg). The department shall adjust the required percentage increase to account for all of the following:

1. Any payment rate increase or decrease applicable to the facility that is in effect beginning July 1, 1999, and is other than the supplement under paragraph (b).

2. The fact that the wage supplement percentage increase is based only on wages and salaries, while the cost comparison also includes fringe benefits.

3. Any decrease or increase in the facility's expenditures for contracted labor services.