SB45: Bill Text

SB45, s. 2238 Section 2238. 145.245 (12m) of the statutes is created to read:

SB45,1046,21 145.245 (12m) Loans to governmental units. (a) A governmental unit to which the department allocates funds under sub. (11) for a fiscal year may apply to the department for a loan under this subsection if the department prorates funds under sub. (11m) for that fiscal year. A governmental unit may only use a loan under this subsection to increase the amounts of grants to persons eligible under sub. (5) above the amounts that would be provided without a loan under this subsection or to provide grants to persons eligible under sub. (5) who would otherwise not receive grants, because of the operation of sub. (11m) (c), but the total amount provided to a person under this section may not exceed the amount authorized under sub (7).

SB45,1047,3 (b) A loan under this subsection bears no interest. A loan under this subsection may not exceed the difference between the amount of the grant that the governmental unit would have received if the department had not prorated grants under sub. (11) and the amount of the grant that the governmental unit did receive. If the amount available for loans under s. 20.320 (3) (q) in a fiscal year is not sufficient to provide loans to all eligible governmental units applying for loans, the department shall allocate the available funds in the same manner as in sub. (11) (c).

SB45,1047,6 (c) A loan approved under this subsection shall be for no longer than 20 years, as determined by the department of administration, and be fully amortized not later than 20 years after the original date of the note.

SB45,1047,8 (d) As a condition of receiving a loan under this subsection an applicant shall do all of the following:

SB45,1047,10 1. Pledge the security, if any, required by the department of administration under this subsection.

SB45,1047,12 2. Demonstrate to the satisfaction of the department of administration the financial capacity to assure sufficient revenues to repay the loan.

SB45,1047,16 (e) The department of commerce and the department of administration may enter into a financial assistance agreement with a governmental unit that applies for a loan under this subsection and meets the eligibility requirements for a loan, including the requirements under par. (d).

SB45,1047,24 (f) The department of administration, in consultation with the department of commerce, may establish those terms and conditions of a financial assistance agreement that relate to its financial management, including what type of municipal obligation is required for the repayment of the financial assistance. In setting the terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of obligation evidencing the loan, the pledge of security for the obligation and the applicant's creditworthiness.

SB45,1048,4 (g) The department of administration shall make and disburse a loan to an applicant that has entered into a financial assistance agreement under par. (e). The department of administration, in consultation with the department of commerce, shall establish procedures for disbursing loans.

SB45,1048,13 (h) If a governmental unit fails to make a principal repayment after its due date, the department of administration shall place on file a certified statement of all amounts due under this subsection. After consulting the department of commerce, the department of administration may collect all amounts due by deducting those amounts from any state payments due the governmental unit or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. If the department of administration collects amounts due, it shall remit those amounts to the fund to which they are due and notify the department of commerce of that action.

SB45, s. 2239 Section 2239. 145.245 (13) of the statutes is amended to read:

SB45,1048,19 145.245 (13) Inspection. Agents of the department or the governmental unit may enter premises where private small sewage systems are located pursuant to a special inspection warrant as required under s. 66.122, to collect samples, records and information and to ascertain compliance with the rules and orders of the department or the governmental unit.

SB45, s. 2240 Section 2240. 145.245 (14) (d) of the statutes is amended to read:

SB45,1048,25 145.245 (14) (d) Additional grants under this section to a governmental unit previously awarded a grant under this section may be suspended or terminated if the department finds that a private small sewage system previously funded in the governmental unit is not being or has not been properly rehabilitated, constructed, installed or maintained.

SB45, s. 2241 Section 2241. 146.19 (2) (intro.) of the statutes is amended to read:

SB45,1049,9 146.19 (2) Cooperative American Indian health project grants. (intro.) From the appropriation under s. 20.435 (5) (ek) (ke), the department shall award grants for cooperative American Indian health projects in order to promote cooperation among tribes, tribal agencies, inter-tribal organizations and other agencies and organizations in addressing specific problem areas in the field of American Indian health. A tribe, tribal agency or inter-tribal organization may apply, in the manner specified by the department, for a grant of up to $10,000 to conduct a cooperative American Indian health project, which meets all of the following requirements:

SB45, s. 2242 Section 2242. 146.50 (5) (f) of the statutes is amended to read:

SB45,1049,15 146.50 (5) (f) The department may charge a reasonable fee for a an initial license or training permit issued under this subsection, except that no fee may be charged to an individual who is an employe of a public agency and who works for volunteer or paid-on-call ambulance service providers and who is an applicant for a license as an emergency medical technician — basic or for a training permit.

SB45, s. 2243 Section 2243. 146.50 (10) of the statutes is renumbered 146.50 (10) (a) (intro.) and amended to read:

SB45,1050,2 146.50 (10) (a) (intro.) Every holder of a license issued under sub. (5) or (7) shall renew the license on July 1 of each even-numbered year by applying to the department on forms provided by the department. Upon receipt of an application for renewal containing documentation acceptable to the department that the requirements of sub. (6) have been met Unless the department finds that the applicant has acted in a manner or under circumstances constituting grounds for suspension or revocation of the license and except as provided in ss. 146.51 and 146.52, the department shall renew the license unless the department finds that the applicant has acted in a manner or under circumstances constituting grounds for suspension or revocation of the license. upon receipt of all of the following:

SB45, s. 2244 Section 2244. 146.50 (10) (a) 1. of the statutes is created to read:

SB45,1050,6 146.50 (10) (a) 1. An application for renewal containing documentation acceptable to the department that the applicable requirements of sub. (6) have been met.

SB45, s. 2245 Section 2245. 146.50 (10) (a) 2. of the statutes is created to read:

SB45,1050,9 146.50 (10) (a) 2. A reasonable fee prescribed by rule by the department for license renewal.

SB45, s. 2246 Section 2246. 146.50 (10) (a) 3. of the statutes is created to read:

SB45,1050,12 146.50 (10) (a) 3. If applicable, late fees prescribed by rule by the department for untimely license renewal.

SB45, s. 2247 Section 2247. 146.50 (10) (b) of the statutes is created to read:

SB45,1050,15 146.50 (10) (b) The department shall credit all late fees assessed under par. (a) 3. to the appropriation account under s. 20.435 (1) (gm).

SB45, s. 2248 Section 2248. 146.50 (11m) of the statutes is created to read:

SB45,1050,23 146.50 (11m) Forfeitures; ambulance service providers. (a) Any ambulance service provider who violates this section or any rule promulgated under the authority of this section shall forfeit not more than the amount specified by rule by the department. Each day of violation constitutes a separate offense, except that no day in the period between the date on which a request for hearing is filed under s. 227.44 and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this subsection constitutes a violation.

SB45,1051,4 (b) The department may directly assess forfeitures under par. (a). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute or rule and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44.

SB45,1051,9 (c) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested as specified in par. (b), within 10 days after receipt of the final decision, unless the final decision is appealed and the decision is in favor of the appellant. The department shall remit all forfeitures paid under this subsection to the state treasurer for deposit in the school fund.

SB45, s. 2249 Section 2249. 146.50 (13) (a) of the statutes is repealed.

SB45, s. 2250 Section 2250. 146.50 (13) (d) of the statutes is created to read:

SB45,1051,13 146.50 (13) (d) The department shall promulgate rules that prescribe all of the following:

SB45,1051,14 1. The amounts for license renewal fees to be assessed under sub. (10) (a) 2.

SB45,1051,16 2. The amounts for late fees to be assessed under sub. (10) (a) 3. against an applicant for untimely renewal of a license issued under sub. (5) or (7).

SB45,1051,18 3. The amounts for forfeitures to be assessed under sub. (11m) against an ambulance service provider.

SB45, s. 2251 Section 2251. 146.56 (1) of the statutes is amended to read:

SB45,1051,23 146.56 (1) Not later than July 1, 2001 2002, the department shall develop and implement a statewide trauma care system. The department shall seek the advice of the statewide trauma advisory council under s. 15.197 (25) in developing and implementing the system.

SB45, s. 2252 Section 2252. 146.819 (4) (e) of the statutes is repealed.

SB45, s. 2253 Section 2253. 146.82 (1) of the statutes is amended to read:

SB45,1052,6 146.82 (1) Confidentiality. All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient. This subsection does not prohibit reports made in compliance with s. 146.995, 253.12 (2) or 979.01 or testimony authorized under s. 905.04 (4) (h).

SB45, s. 2254 Section 2254. 146.93 (1) (a) of the statutes is amended to read:

SB45,1052,11 146.93 (1) (a) From the appropriation under s. 20.435 (1) (4) (gp), the department shall maintain a program for the provision of primary health care services based on the primary health care program in existence on June 30, 1987. The department may promulgate rules necessary to implement the program.

SB45, s. 2255 Section 2255. 146.99 of the statutes is amended to read:

SB45,1052,20 146.99 Assessments. The department shall, within 90 days after the commencement of each fiscal year, estimate the total amount of expenditures and the department shall assess the estimated total amount under s. 20.435 (1) (4) (gp) to hospitals, as defined in s. 50.33 (2), in proportion to each hospital's respective gross private-pay patient revenues during the hospital's most recently concluded entire fiscal year. Each hospital shall pay its assessment on or before December 1 for the fiscal year. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (4) (gp).

SB45, s. 2256 Section 2256. 149.12 (2) (d) of the statutes is renumbered 149.12 (2) (d) 1. and amended to read:

SB45,1052,25 149.12 (2) (d) 1. Except for a person who is an eligible individual as provided in subd. 2., no person who is 65 years of age or older is eligible for coverage under the plan.

SB45, s. 2257 Section 2257. 149.12 (2) (d) 2. of the statutes is created to read:

SB45,1053,2 149.12 (2) (d) 2. Subdivision 1. does not apply to any of the following:

SB45,1053,3 a. A person who is an eligible individual.

SB45,1053,5 b. A person who has coverage under the plan on the date on which he or she attains the age of 65 years.

SB45, s. 2258 Section 2258. 149.12 (3) (b) of the statutes is amended to read:

SB45,1053,12 149.12 (3) (b) Persons for whom deductible or coinsurance amounts are paid or reimbursed under ch. 47 for vocational rehabilitation, under s. 49.68 for renal disease, under s. 49.685 (8) for hemophilia, under s. 49.683 for cystic fibrosis or, under s. 253.05 for maternal and child health services or under s. 49.686 for the cost of drugs for the treatment of HIV infection or AIDS are not ineligible for coverage under the plan by reason of such payments or reimbursements.

SB45, s. 2259 Section 2259. 149.14 (3) (intro.) of the statutes is amended to read:

SB45,1054,2 149.14 (3) Covered expenses. (intro.) Except as restricted by cost containment provisions under s. 149.17 (4) and except as reduced by the board under s. 149.15 (3) (e) or by the department under s. ss. 149.143 or, 149.144 and 149.15 (3) (e), covered expenses for the coverage under this section shall be the usual and customary charges for the services provided by persons licensed under ch. 446 and certified under s. 49.45 (2) (a) 11. Except as restricted by cost containment provisions under s. 149.17 (4) and except as reduced by the board under s. 149.15 (3) (e) or by the department under s. ss. 149.143 or, 149.144 and 149.15 (3) (e), covered expenses for the coverage under this section shall also be the usual and customary charges for the following services and articles if the service or article is prescribed by a physician who is licensed under ch. 448 or in another state and who is certified under s. 49.45 (2) (a) 11. and if the service or article is provided by a provider certified under s. 49.45 (2) (a) 11.:

SB45, s. 2260 Section 2260. 149.14 (4) (g) of the statutes is amended to read:

SB45,1054,4 149.14 (4) (g) Dental care except as provided in sub. (3) (m) and (q).

SB45, s. 2261 Section 2261. 149.14 (6) (title) of the statutes is created to read:

SB45,1054,6 149.14 (6) (title) Preexisting conditions.

SB45, s. 2262 Section 2262. 149.143 (1) (a) of the statutes is amended to read:

SB45,1054,8 149.143 (1) (a) First from the appropriation under s. 20.435 (5) (4) (af).

SB45, s. 2263 Section 2263. 149.143 (1) (b) 1. a. of the statutes is amended to read:

SB45,1054,16 149.143 (1) (b) 1. a. First, from premiums from eligible persons with coverage under s. 149.14 set at 150% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as are provided under the plan, including amounts received for premium and deductible subsidies under ss. 20.435 (5) (4) (ah) and 149.144, and from premiums collected from eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b).

SB45, s. 2264 Section 2264. 149.143 (1) (b) 1. b. of the statutes is amended to read:

SB45,1054,20 149.143 (1) (b) 1. b. Second, from the appropriation under s. 20.435 (5) (4) (gh), to the extent that the amounts under subd. 1. a. are insufficient to pay 60% of plan costs.

SB45, s. 2265 Section 2265. 149.143 (1) (b) 1. c. of the statutes is amended to read:

SB45,1055,4 149.143 (1) (b) 1. c. Third, by increasing premiums from eligible persons with coverage under s. 149.14 to more than 150% but not more than 200% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as are provided under the plan, including amounts received for premium and deductible subsidies under ss. 20.435 (5) (4) (ah) and 149.144, and by increasing premiums from eligible persons with coverage under s. 149.146 in accordance with s. 149.146 (2) (b), to the extent that the amounts under subd. 1. a. and b. are insufficient to pay 60% of plan costs.

SB45, s. 2266 Section 2266. 149.143 (2) (a) 1. a. of the statutes is amended to read:

SB45,1055,13 149.143 (2) (a) 1. a. Estimate the amount of enrollee premiums that would be received in the new plan year if the enrollee premiums were set at a level sufficient, when including amounts received for premium and deductible subsidies under ss. 20.435 (5) (4) (ah) and 149.144 and from premiums collected from eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b), to cover 60% of the estimated plan costs for the new plan year, after deducting from the estimated plan costs the amount available in the appropriation under s. 20.435 (5) (4) (af) for that plan year.

SB45, s. 2267 Section 2267. 149.143 (2) (a) 1. c. of the statutes is amended to read:

SB45,1055,20 149.143 (2) (a) 1. c. If the amount estimated to be received under subd. 1. a. is less than the amount estimated to be received under subd. 1. b., direct the plan administrator to provide to the department, prior to the beginning of the plan year and according to procedures specified by the department, the amount of the difference. The department shall deposit all amounts received under this subd. 1. c. in the appropriation account under s. 20.435 (5) (4) (gh).

SB45, s. 2268 Section 2268. 149.144 of the statutes is amended to read:

SB45,1056,9 149.144 Adjustments to insurer assessments and provider payment rates for premium and deductible reductions. If the moneys under s. 20.435 (5) (4) (ah) are insufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a), or the department determines that the moneys under s. 20.435 (5) (4) (ah) will be insufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a), the department shall, by rule, adjust in equal proportions the amount of the assessment set under s. 149.143 (2) (a) 3. and the provider payment rate set under s. 149.143 (2) (a) 4., subject to s. 149.143 (1) (b) 1., sufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a). The department shall notify the commissioner so that the commissioner may levy any increase in insurer assessments.

SB45, s. 2269 Section 2269. 149.146 (1) (a) of the statutes is amended to read:

SB45,1056,14 149.146 (1) (a) Beginning on January 1, 1998, in addition to the coverage required under s. 149.14, the plan shall offer to all eligible persons who are not eligible for medicare a choice of coverage, as described in section 2744 (a) (1) (C), P.L. 104-191. Any such choice of coverage shall be major medical expense coverage.

SB45, s. 2270 Section 2270. 149.146 (1) (b) 2. of the statutes is amended to read:

SB45,1056,24 149.146 (1) (b) 2. An eligible person under par. (a) may elect once each year, at the time and according to procedures established by the department, among the coverages offered under this section and s. 149.14. If an eligible person elects new coverage, any preexisting condition exclusion imposed under the new coverage is met to the extent that the eligible person has been previously and continuously covered under this chapter. No preexisting condition exclusion may be imposed on an eligible person who elects new coverage if the person was an eligible individual when first covered under this chapter and the person remained continuously covered under this chapter up to the time of electing the new coverage.

SB45, s. 2271 Section 2271. 149.146 (2) (am) of the statutes is created to read:

SB45,1057,4 149.146 (2) (am) 1. For all eligible persons with coverage under this section, the deductible shall be $2,500. Expenses used to satisfy the deductible during the last 90 days of a calendar year shall also be applied to satisfy the deductible for the following calendar year.

SB45,1057,8 2. Except as provided in subd. 3., if the covered costs incurred by the eligible person exceed the deductible for major medical expense coverage in a calendar year, the plan shall pay at least 80% of any additional covered costs incurred by the person during the calendar year.

SB45,1057,13 3. If the aggregate of the covered costs not paid by the plan under subd. 2. and the deductible exceeds $3,500 for any eligible person during a calendar year or $7,000 for all eligible persons in a family, the plan shall pay 100% of all covered costs incurred by the eligible person during the calendar year after the payment ceilings under this subdivision are exceeded.

SB45,1057,18 4. Notwithstanding subds. 1. to 3., the department may establish different deductible amounts, a different coinsurance percentage and different covered costs and deductible aggregate amounts from those specified in subds. 1. to 3. in accordance with cost containment provisions established by the department under s. 149.17 (4).

SB45, s. 2272 Section 2272. 149.15 (3) (intro.) of the statutes is amended to read:

SB45,1057,21 149.15 (3) (intro.) The board shall do advise the department on all of the following:

SB45, s. 2273 Section 2273. 149.15 (3) (a) of the statutes is amended to read:

SB45,1057,25 149.15 (3) (a) Establish Establishing procedures under which applicants and participants may have grievances reviewed by an impartial body and reported to the board.