Amendment SSA1-AB133

AB133-SSA1,1508,12 (c) If the report under paragraph (b) states that less than two-thirds of prison contracts were profitable during calendar year 2000, the cochairpersons of the joint committee on finance shall certify that fact to the revisor of statutes no later than March 1, 2001. Upon the certification, the revisor of statutes shall publish notice in the Wisconsin Administrative Register of the report and that, as of March 1, 2001, the treatment of sections 20.410 (1) (gi), (hm) and (km), 108.07 (8) (b), 303.01 (8) (b), (c), (d) and (e), 303.06 (3) and 303.21 (1) (b) of the statutes and the repeal of section 303.01 (2) (em) and (11) of the statutes have taken effect.

AB133-SSA1,1508,16 (3z) Report on out-of-state inmate transfers. The department of corrections shall submit a report to the joint committee on finance by July 1, 2000, regarding Wisconsin inmates transferred to and confined in other states under section 301.21 (1m) and (2m) of the statutes. The report shall address all of the following:

AB133-SSA1,1508,18 (a) The overall impact that transfers have on prison populations in Wisconsin and projections regarding future out-of-state transfers.

AB133-SSA1,1508,20 (b) The total cost of out-of-state transfers to the department, including the cost of incarceration and transportation.

AB133-SSA1,1508,22 (c) The types of inmates being transferred based on the crimes for which the inmates have been sentenced.

AB133-SSA1,1508,24 (d) Department policies regarding how inmates are selected for out-of-state transfers.

AB133-SSA1,1508,25 (e) The average length of an inmate's stay in an out-of-state prison.

AB133-SSA1,1509,2 (f) The specific services, programs and treatment provided to inmates in out-of-state prisons compared to inmates confined in Wisconsin prisons.

AB133-SSA1,1509,6 (g) Complaint procedures for inmates in out-of-state prisons, the number of complaints that have been received, the types of complaints that have been submitted and the ways in which the out-of-state prisons have addressed the complaints.

AB133-SSA1,1509,9 (h) The rate of recidivism for inmates who have been confined in out-of-state prisons compared to those remaining in Wisconsin for the entire sentence, classified by the crimes for which the inmates have been sentenced.

AB133-SSA1,1509,12 (i) The impact of transfers on inmates' families in Wisconsin, the information that inmates' families receive on the treatment of inmates and the ways in which the department has attempted to respond to concerns of the families.

AB133-SSA1,1509,17 (j) The steps taken by the department to implement alternatives to prison transfers, the number of persons involved in enhanced community supervision programs, the success of those programs and the feasibility of reducing prison transfers through increasing the use of some combination of community supervision programs.

AB133-SSA1,1509,20 (k) The effects that the elimination of parole and probation would have on the number of prisoners who will be sentenced to a term of imprisonment by Wisconsin courts and on recidivism rates for all prisoners.

AB133-SSA1,1509,22 (L) An evaluation of the health of inmates in out-of-state prisons and the health care provided to them.

AB133-SSA1,1509,23 (4xt) Private correctional facilities.

AB133-SSA1,1510,3 (a) Definition. In this subsection, "private correctional facility" means, along with the land on which it is situated, a building, structure or facility meeting all of the following requirements:

AB133-SSA1,1510,5 1. The building, structure or facility has been or is being constructed on the effective date of this subdivision.

AB133-SSA1,1510,10 2. The building, structure or facility has been or is being constructed for the confinement of one or more individuals who, as a result of a court order from any jurisdiction, are in custody for the commission or alleged commission of a crime and who would be classified as medium or maximum security under the department of corrections' security classification system.

AB133-SSA1,1510,15 3. The building, structure or facility has not been and is not being constructed under a contract with the department of administration, a county, a group of counties acting under section 302.44 of the statutes, the department of corrections and any county or group of counties acting under section 302.45 of the statutes, the United States or a federally recognized American Indian tribe or band in this state.

AB133-SSA1,1511,3 (b) Acquisition or lease of private correctional facilities. The department of administration shall, no later than the 30th day after the effective date of this paragraph, commence efforts to negotiate with the owner of each private correctional facility located in this state to purchase the facility or to lease the facility. If the department reaches an agreement to purchase or lease the facility, the purchase or lease is subject to approval of the building commission and the joint committee on finance. If the department is unable to reach an agreement with the owner, the building commission may, notwithstanding section 13.48 (16) of the statutes, acquire the private correctional facility by condemnation under section 32.06 of the statutes, except that this paragraph constitutes the determination of the necessity of taking for the purposes of section 32.06 (1) of the statutes. Section 13.48 (19) (b) of the statutes, as created by this act, does not apply to the lease or acquisition of a private correctional facility under this paragraph.

AB133-SSA1,1511,9 (c) Returning prisoners from out-of-state facilities. The department of corrections shall use the increase in beds resulting from any lease or acquisition of private correctional facilities under paragraph (b) to reduce its reliance on contracts for the transfer and confinement of Wisconsin prisoners in other states under section 301.21 of the statutes and to return to correctional facilities in Wisconsin prisoners who are confined in other states under those contracts.

AB133-SSA1,1511,12 (d) Inapplicability to juvenile facilities. This subsection does not apply to a building, structure or facility that has been or is being constructed solely to confine juveniles alleged or found to be delinquent.

AB133-SSA1, s. 9112 Section 9112. Nonstatutory provisions; court of appeals.

AB133-SSA1, s. 9113 Section 9113. Nonstatutory provisions; educational communications board.

AB133-SSA1, s. 9114 Section 9114. Nonstatutory provisions; elections board.

AB133-SSA1, s. 9115 Section 9115. Nonstatutory provisions; employe trust funds.

AB133-SSA1, s. 9116 Section 9116. Nonstatutory provisions; employment relations commission.

AB133-SSA1, s. 9117 Section 9117. Nonstatutory provisions; employment relations department.

AB133-SSA1, s. 9118 Section 9118. Nonstatutory provisions; ethics board.

AB133-SSA1, s. 9119 Section 9119. Nonstatutory provisions; financial institutions.

AB133-SSA1, s. 9121 Section 9121. Nonstatutory provisions; governor.

AB133-SSA1, s. 9122 Section 9122. Nonstatutory provisions; Health and Educational Facilities Authority.

AB133-SSA1, s. 9123 Section 9123. Nonstatutory provisions; health and family services.

AB133-SSA1,1512,14 (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.

AB133-SSA1,1512,21 (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.

AB133-SSA1,1512,22 (1n) Alternative to family care.

AB133-SSA1,1513,5 (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:

AB133-SSA1,1513,9 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.

AB133-SSA1,1513,13 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.

AB133-SSA1,1513,19 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.

AB133-SSA1,1513,21 4. The cost of the program would not exceed the cost of relevant aspects of the family care program.

AB133-SSA1,1513,25 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 for the calendar year preceding implementation of the alternative model, in order to serve additional persons on waiting lists for the services.

AB133-SSA1,1514,4 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.

AB133-SSA1,1514,6 7. The risk-sharing provisions specified under section 46.284 (5) of the statutes, as created by this act, would apply to pilot sites.

AB133-SSA1,1514,9 8. Resource centers operated by pilot sites would be required to provide or contract for the provision of services specified under section 46.283 (3) (a), (b), (e), (f), (g), (i) and (k) of the statutes, as created by this act.

AB133-SSA1,1514,14 (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.

AB133-SSA1,1514,21 (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.

AB133-SSA1,1514,23 (3) Mental health and alcohol or other drug abuse managed care demonstration projects.

AB133-SSA1,1515,6 (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 2 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.

AB133-SSA1,1515,13 (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.

AB133-SSA1,1515,18 (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.

AB133-SSA1,1516,8 (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.

AB133-SSA1,1516,19 (6tu) Grants to tribal health centers. No later than September 1, 1999, 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.

AB133-SSA1,1516,24 (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.

AB133-SSA1,1517,8 (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.

AB133-SSA1,1517,15 (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.

AB133-SSA1,1517,17 (8d) Study on electronic benefits transfer systems under the supplemental food program for women, infants and children.

AB133-SSA1,1517,19 (a) The department of health and family services shall study all of the following:

AB133-SSA1,1517,22 1. The program and operational requirements of establishing an electronic benefit transfer system under the supplemental food program for women, infants and children.

AB133-SSA1,1517,25 2. Information system requirements for administering an electronic benefit transfer system under the supplemental food program for women, infants and children.

AB133-SSA1,1518,3 3. Compatibility of an electronic benefit transfer system under the supplemental food program for women, infants and children with existing electronic benefit transfer systems.

AB133-SSA1,1518,6 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.

AB133-SSA1,1518,9 5. Possible funding sources for the implementation of an electronic benefit transfer system under the supplemental food program for women, infants and children.

AB133-SSA1,1518,14 (b) Not later than January 1, 2001, 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.

AB133-SSA1,1518,15 (8t) Report on Huntington's disease.

AB133-SSA1,1518,20 (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.

AB133-SSA1,1518,23 (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:

AB133-SSA1,1518,25 1. In each county of the state, the number of individuals with any type of disability who receive services under any of the following:

AB133-SSA1,1519,2 a. The long-term support community options program under section 46.27 (7) of the statutes.

AB133-SSA1,1519,4 b. The long-term support community options program under section 46.27 (11) of the statutes.

AB133-SSA1,1519,5 c. The community integration program under section 46.277 of the statutes.

AB133-SSA1,1519,6 d. County revenues.

AB133-SSA1,1519,9 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.

AB133-SSA1,1519,12 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.

AB133-SSA1,1520,7 (8x) Health care information proposal. 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 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 modify any proposal received and 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, including any proposed modifications of the department of administration. 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, including any proposed modifications of the department of administration, except as approved by the committee.

AB133-SSA1,1520,16 (9i) Tobacco control council. Notwithstanding section 15.197 (28) (b) of the statutes, as created by this act, 4 of the initial members of the tobacco control council appointed under section 15.197 (28) (a) 5. to 12. of the statutes, as created by this act, shall serve for terms expiring on July 1, 2003; 5 of the initial members of the tobacco control council appointed under section 15.197 (28) (a) 5. to 12. of the statutes, as created by this act, shall serve for terms expiring on July 1, 2002; and 4 of the initial members of the tobacco control council appointed under section 15.197 (28) (a) 5. to 12. of the statutes, as created by this act, shall serve for a term expiring on July 1, 2001.

AB133-SSA1,1520,17 (9k) Grant to community health center.

AB133-SSA1,1520,22 (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.

AB133-SSA1,1521,10 (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.

AB133-SSA1,1521,11 (9m) Facility payment; wage or salary and fringe benefits supplement.

AB133-SSA1,1522,2 (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 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 subsection 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.

AB133-SSA1,1522,13 (b) 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 examine facility cost reports covering the period during state fiscal year 1999-2000, as compared with reports covering the period during state fiscal year 1998-99, and facility cost reports covering the period during state fiscal year 2000-01, as compared with reports covering the period during state fiscal year 1998-99, to determine whether the facility's nurse's assistants' wage or salary and fringe benefits costs per patient day have increased over the base year 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:

AB133-SSA1,1522,15 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).

AB133-SSA1,1522,17 2. The fact that the wage supplement percentage increase is based only on wages and salaries, while the cost comparison also includes fringe benefits.

AB133-SSA1,1522,19 3. Any decrease or increase in the facility's expenditures for contracted labor services.

AB133-SSA1,1522,20 4. Any change in the facility's patient acuity levels.

AB133-SSA1,1522,22 5. Whether or not the facility's reporting period corresponds to the supplement payment period.

AB133-SSA1,1522,24 6. Any other factor that the department determines is relevant and that is readily available in the data base of the department.

AB133-SSA1,1523,4 (c) If the department of health and family services determines that a supplement under paragraph (a) provided to a facility was not expended as required under paragraph (b), the department may recoup that part of the supplement that was not expended as required.