SB45, s. 2250
11Section
2250. 146.50 (13) (d) of the statutes is created to read:
SB45,1051,1312
146.50
(13) (d) The department shall promulgate rules that prescribe all of the
13following:
SB45,1051,1414
1. The amounts for license renewal fees to be assessed under sub. (10) (a) 2.
SB45,1051,1615
2. The amounts for late fees to be assessed under sub. (10) (a) 3. against an
16applicant for untimely renewal of a license issued under sub. (5) or (7).
SB45,1051,1817
3. The amounts for forfeitures to be assessed under sub. (11m) against an
18ambulance service provider.
SB45, s. 2251
19Section
2251. 146.56 (1) of the statutes is amended to read:
SB45,1051,2320
146.56
(1) Not later than July 1,
2001 2002, the department shall develop and
21implement a statewide trauma care system
. The department shall seek the advice
22of the statewide trauma advisory council under s. 15.197 (25) in developing and
23implementing the system.
SB45, s. 2252
24Section
2252. 146.819 (4) (e) of the statutes is repealed.
SB45, s. 2253
25Section
2253. 146.82 (1) of the statutes is amended to read:
SB45,1052,6
1146.82
(1) Confidentiality. All patient health care records shall remain
2confidential. Patient health care records may be released only to the persons
3designated in this section or to other persons with the informed consent of the patient
4or of a person authorized by the patient. This subsection does not prohibit reports
5made in compliance with s. 146.995
, 253.12 (2) or 979.01 or testimony authorized
6under s. 905.04 (4) (h).
SB45, s. 2254
7Section
2254. 146.93 (1) (a) of the statutes is amended to read:
SB45,1052,118
146.93
(1) (a) From the appropriation under s. 20.435
(1) (4) (gp), the
9department shall maintain a program for the provision of primary health care
10services based on the primary health care program in existence on June 30, 1987.
11The department may promulgate rules necessary to implement the program.
SB45, s. 2255
12Section
2255. 146.99 of the statutes is amended to read:
SB45,1052,20
13146.99 Assessments. The department shall, within 90 days after the
14commencement of each fiscal year, estimate the total amount of expenditures and the
15department shall assess the estimated total amount under s. 20.435
(1) (4) (gp) to
16hospitals, as defined in s. 50.33 (2), in proportion to each hospital's respective gross
17private-pay patient revenues during the hospital's most recently concluded entire
18fiscal year. Each hospital shall pay its assessment on or before December 1 for the
19fiscal year. All payments of assessments shall be deposited in the appropriation
20under s. 20.435
(1) (4) (gp).
SB45, s. 2256
21Section
2256. 149.12 (2) (d) of the statutes is renumbered 149.12 (2) (d) 1. and
22amended to read:
SB45,1052,2523
149.12
(2) (d) 1. Except
for a person who is an eligible individual as provided
24in subd. 2., no person who is 65 years of age or older is eligible for coverage under the
25plan.
SB45, s. 2257
1Section
2257. 149.12 (2) (d) 2. of the statutes is created to read:
SB45,1053,22
149.12
(2) (d) 2. Subdivision 1. does not apply to any of the following:
SB45,1053,33
a. A person who is an eligible individual.
SB45,1053,54
b. A person who has coverage under the plan on the date on which he or she
5attains the age of 65 years.
SB45, s. 2258
6Section
2258. 149.12 (3) (b) of the statutes is amended to read:
SB45,1053,127
149.12
(3) (b) Persons for whom deductible or coinsurance amounts are paid
8or reimbursed under ch. 47 for vocational rehabilitation, under s. 49.68 for renal
9disease, under s. 49.685 (8) for hemophilia, under s. 49.683 for cystic fibrosis
or, 10under s. 253.05 for maternal and child health services
or under s. 49.686 for the cost
11of drugs for the treatment of HIV infection or AIDS are not ineligible for coverage
12under the plan by reason of such payments or reimbursements.
SB45, s. 2259
13Section
2259. 149.14 (3) (intro.) of the statutes is amended to read:
SB45,1054,214
149.14
(3) Covered expenses. (intro.) Except as restricted by cost containment
15provisions under s. 149.17 (4) and except as reduced by the
board under s. 149.15 (3)
16(e) or by the department under
s. ss. 149.143
or, 149.144
and 149.15 (3) (e), covered
17expenses for the coverage under this section shall be the usual and customary
18charges for the services provided by persons licensed under ch. 446 and certified
19under s. 49.45 (2) (a) 11. Except as restricted by cost containment provisions under
20s. 149.17 (4) and except as reduced by the
board under s. 149.15 (3) (e) or by the 21department under
s. ss. 149.143
or, 149.144
and 149.15 (3) (e), covered expenses for
22the coverage under this section shall also be the usual and customary charges for the
23following services and articles if the service or article is prescribed by a physician
24who is licensed under ch. 448 or in another state and who is certified under s. 49.45
1(2) (a) 11. and if the service or article is provided by a provider certified under s. 49.45
2(2) (a) 11.:
SB45, s. 2260
3Section
2260. 149.14 (4) (g) of the statutes is amended to read:
SB45,1054,44
149.14
(4) (g) Dental care except as provided in sub. (3) (m)
and (q).
SB45, s. 2261
5Section
2261. 149.14 (6) (title) of the statutes is created to read:
SB45,1054,66
149.14
(6) (title)
Preexisting conditions.
SB45, s. 2262
7Section
2262. 149.143 (1) (a) of the statutes is amended to read:
SB45,1054,88
149.143
(1) (a) First from the appropriation under s. 20.435
(5) (4) (af).
SB45, s. 2263
9Section
2263. 149.143 (1) (b) 1. a. of the statutes is amended to read:
SB45,1054,1610
149.143
(1) (b) 1. a. First, from premiums from eligible persons with coverage
11under s. 149.14 set at 150% of the rate that a standard risk would be charged under
12an individual policy providing substantially the same coverage and deductibles as
13are provided under the plan, including amounts received for premium and deductible
14subsidies under ss. 20.435
(5) (4) (ah) and 149.144, and from premiums collected from
15eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2)
16(b).
SB45, s. 2264
17Section
2264. 149.143 (1) (b) 1. b. of the statutes is amended to read:
SB45,1054,2018
149.143
(1) (b) 1. b. Second, from the appropriation under s. 20.435
(5) (4) (gh),
19to the extent that the amounts under subd. 1. a. are insufficient to pay 60% of plan
20costs.
SB45, s. 2265
21Section
2265. 149.143 (1) (b) 1. c. of the statutes is amended to read:
SB45,1055,422
149.143
(1) (b) 1. c. Third, by increasing premiums from eligible persons with
23coverage under s. 149.14 to more than 150% but not more than 200% of the rate that
24a standard risk would be charged under an individual policy providing substantially
25the same coverage and deductibles as are provided under the plan, including
1amounts received for premium and deductible subsidies under ss. 20.435
(5) (4) (ah)
2and 149.144, and by increasing premiums from eligible persons with coverage under
3s. 149.146 in accordance with s. 149.146 (2) (b), to the extent that the amounts under
4subd. 1. a. and b. are insufficient to pay 60% of plan costs.
SB45, s. 2266
5Section
2266. 149.143 (2) (a) 1. a. of the statutes is amended to read:
SB45,1055,136
149.143
(2) (a) 1. a. Estimate the amount of enrollee premiums that would be
7received in the new plan year if the enrollee premiums were set at a level sufficient,
8when including amounts received for premium and deductible subsidies under ss.
920.435
(5) (4) (ah) and 149.144 and from premiums collected from eligible persons
10with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b), to cover 60%
11of the estimated plan costs for the new plan year, after deducting from the estimated
12plan costs the amount available in the appropriation under s. 20.435
(5) (4) (af) for
13that plan year.
SB45, s. 2267
14Section
2267. 149.143 (2) (a) 1. c. of the statutes is amended to read:
SB45,1055,2015
149.143
(2) (a) 1. c. If the amount estimated to be received under subd. 1. a. is
16less than the amount estimated to be received under subd. 1. b., direct the plan
17administrator to provide to the department, prior to the beginning of the plan year
18and according to procedures specified by the department, the amount of the
19difference. The department shall deposit all amounts received under this subd. 1.
20c. in the appropriation account under s. 20.435
(5)
(4) (gh).
SB45, s. 2268
21Section
2268. 149.144 of the statutes is amended to read:
SB45,1056,9
22149.144 Adjustments to insurer assessments and provider payment
23rates for premium and deductible reductions. If the moneys under s. 20.435
24(5) (4) (ah) are insufficient to reimburse the plan for premium reductions under s.
25149.165 and deductible reductions under s. 149.14 (5) (a), or the department
1determines that the moneys under s. 20.435
(5) (4) (ah) will be insufficient to
2reimburse the plan for premium reductions under s. 149.165 and deductible
3reductions under s. 149.14 (5) (a), the department shall, by rule, adjust in equal
4proportions the amount of the assessment set under s. 149.143 (2) (a) 3. and the
5provider payment rate set under s. 149.143 (2) (a) 4., subject to s. 149.143 (1) (b) 1.,
6sufficient to reimburse the plan for premium reductions under s. 149.165 and
7deductible reductions under s. 149.14 (5) (a). The department shall notify the
8commissioner so that the commissioner may levy any increase in insurer
9assessments.
SB45, s. 2269
10Section
2269. 149.146 (1) (a) of the statutes is amended to read:
SB45,1056,1411
149.146
(1) (a) Beginning on January 1, 1998, in addition to the coverage
12required under s. 149.14, the plan shall offer to all eligible persons
who are not
13eligible for medicare a choice of coverage, as described in section 2744 (a) (1) (
C), P.L.
14104-191. Any such choice of coverage shall be major medical expense coverage.
SB45, s. 2270
15Section
2270. 149.146 (1) (b) 2. of the statutes is amended to read:
SB45,1056,2416
149.146
(1) (b) 2. An eligible person
under par. (a) may elect once each year, at
17the time and according to procedures established by the department, among the
18coverages offered under this section and s. 149.14. If an eligible person elects new
19coverage, any preexisting condition exclusion imposed under the new coverage is met
20to the extent that the eligible person has been previously and continuously covered
21under this chapter. No preexisting condition exclusion may be imposed on an eligible
22person who elects new coverage if the person was an eligible individual when first
23covered under this chapter and the person remained continuously covered under this
24chapter up to the time of electing the new coverage.
SB45, s. 2271
25Section
2271. 149.146 (2) (am) of the statutes is created to read:
SB45,1057,4
1149.146
(2) (am) 1. For all eligible persons with coverage under this section,
2the deductible shall be $2,500. Expenses used to satisfy the deductible during the
3last 90 days of a calendar year shall also be applied to satisfy the deductible for the
4following calendar year.
SB45,1057,85
2. Except as provided in subd. 3., if the covered costs incurred by the eligible
6person exceed the deductible for major medical expense coverage in a calendar year,
7the plan shall pay at least 80% of any additional covered costs incurred by the person
8during the calendar year.
SB45,1057,139
3. If the aggregate of the covered costs not paid by the plan under subd. 2. and
10the deductible exceeds $3,500 for any eligible person during a calendar year or $7,000
11for all eligible persons in a family, the plan shall pay 100% of all covered costs
12incurred by the eligible person during the calendar year after the payment ceilings
13under this subdivision are exceeded.
SB45,1057,1814
4. Notwithstanding subds. 1. to 3., the department may establish different
15deductible amounts, a different coinsurance percentage and different covered costs
16and deductible aggregate amounts from those specified in subds. 1. to 3. in
17accordance with cost containment provisions established by the department under
18s. 149.17 (4).
SB45, s. 2272
19Section
2272. 149.15 (3) (intro.) of the statutes is amended to read:
SB45,1057,2120
149.15
(3) (intro.) The board shall
do
advise the department on all of the
21following:
SB45, s. 2273
22Section
2273. 149.15 (3) (a) of the statutes is amended to read:
SB45,1057,2523
149.15
(3) (a)
Establish Establishing procedures under which applicants and
24participants may have grievances reviewed by an impartial body and reported to the
25board.
SB45, s. 2274
1Section
2274. 149.15 (3) (c) of the statutes is amended to read:
SB45,1058,82
149.15
(3) (c)
Collect Determining assessments
to be collected from all insurers
3to provide for claims paid under the plan and for administrative expenses incurred
4or estimated to be incurred during the period for which the assessment is made. The
5level of payments shall be established as provided under s. 149.143. Assessment of
6the insurers shall occur at the end of each calendar year or other fiscal year end
7established by the board. Assessments are due and payable within 30 days of receipt
8by the insurer of the assessment notice.
SB45, s. 2275
9Section
2275. 149.15 (3) (d) of the statutes is amended to read:
SB45,1058,1210
149.15
(3) (d)
Develop and implement
Developing and implementing a
11program to publicize the existence of the plan, the eligibility requirements and
12procedures for enrollment, and to maintain public awareness of the plan.
SB45, s. 2276
13Section
2276. 149.15 (3) (e) of the statutes is amended to read:
SB45,1058,1614
149.15
(3) (e)
Establish Establishing for payment of covered expenses, a
15payment rate that is 10% less than the charges approved by the plan administrator
16for reimbursement of covered expenses under s. 149.14 (3).
SB45, s. 2277
17Section
2277. 149.15 (3) (f) of the statutes is amended to read:
SB45,1058,1918
149.15
(3) (f)
Advise the department on the The choice of coverage under s.
19149.146.
SB45, s. 2278
20Section
2278. 149.165 (4) of the statutes is amended to read:
SB45,1058,2321
149.165
(4) The department shall reimburse the plan for premium reductions
22under sub. (2) and deductible reductions under s. 149.14 (5) (a) with moneys from the
23appropriation under s. 20.435
(5) (4) (ah).
SB45, s. 2279
24Section
2279. 150.84 (2) of the statutes is amended to read:
SB45,1059,6
1150.84
(2) "Health care facility" means a facility, as defined in s. 647.01 (4), or
2any hospital, nursing home, community-based residential facility, county home,
3county infirmary, county hospital, county mental health center
, tuberculosis
4sanatorium or other place licensed or approved by the department under s. 49.70,
549.71, 49.72, 50.02, 50.03, 50.35, 51.08
, or 51.09
, 58.06, 252.073 or 252.076 or a
6facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.
SB45, s. 2280
7Section
2280. 153.05 (6m) of the statutes is amended to read:
SB45,1059,138
153.05
(6m) The department may contract with the group insurance board for
9the provision of data collection and analysis services related to health maintenance
10organizations and insurance companies that provide health insurance for state
11employes. The department shall establish contract fees for the provision of the
12services. All moneys collected under this subsection shall be credited to the
13appropriation under s. 20.435
(1) (4) (hg).
SB45, s. 2281
14Section
2281. 153.60 (1) of the statutes is amended to read:
SB45,1060,1015
153.60
(1) The department shall, by the first October 1 after the
16commencement of each fiscal year, estimate the total amount of expenditures under
17this chapter for the department and the board for that fiscal year for data collection,
18data base development and maintenance, generation of data files and standard
19reports, orientation and training provided under s. 153.05 (9) and maintaining the
20board. The department shall assess the estimated total amount for that fiscal year
21less the estimated total amount to be received for purposes of administration of this
22chapter under s. 20.435
(1) (4) (hi) during the fiscal year, the unencumbered balance
23of the amount received for purposes of administration of this chapter under s. 20.435
24(1) (4) (hi) from the prior fiscal year and the amount in the appropriation account
25under s. 20.435 (1) (dg) for the fiscal year, to health care providers who are in a class
1of health care providers from whom the department collects data under this chapter
2in a manner specified by the department by rule. The department shall obtain
3approval from the board for the amounts of assessments for health care providers
4other than hospitals and ambulatory surgery centers. The department shall work
5together with the department of regulation and licensing to develop a mechanism for
6collecting assessments from health care providers other than hospitals and
7ambulatory surgery centers. No health care provider that is not a facility may be
8assessed under this subsection an amount that exceeds $75 per fiscal year. Each
9hospital shall pay the assessment on or before December 1. All payments of
10assessments shall be deposited in the appropriation under s. 20.435
(1) (4) (hg).
SB45, s. 2282
11Section
2282. 153.60 (3) of the statutes is amended to read:
SB45,1060,2212
153.60
(3) The department shall, by the first October 1 after the
13commencement of each fiscal year, estimate the total amount of expenditures
14required for the collection, database development and maintenance and generation
15of public data files and standard reports for health care plans that voluntarily agree
16to supply health care data under s. 153.05 (6r). The department shall assess the
17estimated total amount for that fiscal year to health care plans in a manner specified
18by the department by rule and may enter into an agreement with the office of the
19commissioner of insurance for collection of the assessments. Each health plan that
20voluntarily agrees to supply this information shall pay the assessments on or before
21December 1. All payments of assessments shall be deposited in the appropriation
22under s. 20.435
(1) (4) (hg) and may be used solely for the purposes of s. 153.05 (6r).
SB45, s. 2283
23Section
2283. 153.65 of the statutes is amended to read:
SB45,1061,5
24153.65 Provision of special information; user fees. The department may,
25but is not required to, provide, upon request from a person, a data compilation or a
1special report based on the information collected by the department. The
2department shall establish user fees for the provision of these compilations or
3reports, payable by the requester, which shall be sufficient to fund the actual
4necessary and direct cost of the compilation or report. All moneys collected under
5this section shall be credited to the appropriation under s. 20.435
(1) (4) (hi).
SB45, s. 2284
6Section
2284. 155.01 (6) of the statutes is amended to read:
SB45,1061,127
155.01
(6) "Health care facility" means a facility, as defined in s. 647.01 (4), or
8any hospital, nursing home, community-based residential facility, county home,
9county infirmary, county hospital, county mental health center
, tuberculosis
10sanatorium or other place licensed or approved by the department under s. 49.70,
1149.71, 49.72, 50.02, 50.03, 50.35, 51.08
, or 51.09
, 58.06, 252.073 or 252.076 or a
12facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.
SB45, s. 2285
13Section
2285. 160.255 of the statutes is amended to read:
SB45,1061,18
14160.255 Exceptions for private certain sewage systems. (1) In this
15section, "
private exempt sewage system"
has the meaning given means a small
16sewage system, as defined in s. 145.01
(12) (14m), or a sewage system that is in
17existence on January 1, 2000, and that would be a small sewage system except that
18its design flow exceeds the maximum design flow specified under s. 145.02 (4) (c).
SB45,1061,22
19(2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not
20required to promulgate or amend rules that define design or management criteria
21for
private exempt sewage systems to minimize the amount of nitrate in
22groundwater or to maintain compliance with the preventive action limit for nitrate.
SB45,1062,2
23(3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules
24that define design or management criteria for
private
exempt sewage systems that
1permit the enforcement standard for nitrate to be attained or exceeded at the point
2of standards application.
SB45,1062,7
3(4) Notwithstanding s. 160.21, a regulatory agency is not required to
4promulgate rules that set forth responses that the agency may take, or require to be
5taken, when the preventive action limit or enforcement standard for nitrate is
6attained or exceeded at the point of standards application if the source of the nitrate
7is
a private an exempt sewage system.
SB45,1062,11
8(5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required
9to take any responses for a specific site at which the preventive action limit or
10enforcement standard for nitrate is attained or exceeded at the point of standards
11application if the source of the nitrate is
a private
an exempt sewage system.
SB45, s. 2286
12Section
2286. 165.017 (5) of the statutes is repealed.
SB45, s. 2287
13Section
2287. 165.25 (6) (f) of the statutes is created to read:
SB45,1063,314
165.25
(6) (f) Except as provided under ss. 49.49 (6), 100.263, 133.16, 281.98,
15283.91 (5), 289.96 (3), 292.99, 293.87 (4), 295.19 (3) (b), 299.95 and 299.97, any money
16that is received by the department of justice under this subsection as the result of a
17contract or understanding between the department of justice and another state
18agency that is approved under s. 16.505 or 16.515 or as part of the biennial budget
19act shall be credited to the appropriation under s. 20.455 (1) (km). If authority to
20spend the money that is received by the department of justice under this subsection
21as the result of a contract or understanding between the department of justice and
22another state agency is not approved under s. 16.505 or 16.515 or as part of the
23biennial budget act, the money received shall be paid into the general fund as
24provided under s. 20.001 (4) or 165.25 (4) (d). An agency that is not enumerated in
25this section and that does not have a contract or understanding with the department
1of justice that is approved under s. 16.505 or 16.515 or as part of the biennial budget
2act may not be charged for legal services provided to that agency by the department
3of justice.
SB45, s. 2288
4Section
2288. 165.76 (1) (a) of the statutes is amended to read:
SB45,1063,95
165.76
(1) (a) Is in prison
or, a secured correctional facility, as defined in s.
6938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g)
, or
7a secured group home, as defined in s. 938.02 (15p), or on probation, extended
8supervision, parole, supervision or aftercare supervision on or after
9August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.
SB45, s. 2289
10Section
2289. 165.76 (2) (b) 2. of the statutes is amended to read: