SB45: Bill Text

SB45, s. 2392 Section 2392. 234.905 (3) (d) of the statutes is amended to read:

SB45,1116,2 234.905 (3) (d) The authority has not received a certification under s. 49.855 (7) that the farmer is delinquent in making child support or maintenance payments or owes past support, medical expenses or birth expenses farmer's name does not appear on the statewide support lien docket under s. 49.854 (2) (b). The condition under this paragraph is met for a farmer whose name does appear if the farmer provides to the authority a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SB45, s. 2393 Section 2393. 234.91 (2) (c) of the statutes is amended to read:

SB45,1116,7 234.91 (2) (c) The total outstanding guaranteed principal amount of all loans made to the borrower that are guaranteed under this section will not exceed $100,000 $200,000, or $50,000 $100,000 if any of the loans is affected by any other state or federal credit assistance program.

SB45, s. 2394 Section 2394. 234.93 (1) (cm) of the statutes is created to read:

SB45,1116,11 234.93 (1) (cm) Any moneys transferred under s. 234.51 (2) (b), or under 1999 Wisconsin Act .... (this act), section 9125 (1 ), from the housing rehabilitation loan program administration fund.

SB45, s. 2395 Section 2395. 234.93 (1) (f) of the statutes is created to read:

SB45,1116,15 234.93 (1) (f) To be used for guaranteeing loans under s. 234.83 (4) (am) and paying interest subsidies under s. 234.83 (5), moneys appropriated to the authority under s. 20.490 (5) (kp).

SB45, s. 2396 Section 2396. 234.93 (4) (a) 2. of the statutes is amended to read:

SB45,1116,21 234.93 (4) (a) 2. To fund guarantees under all of the programs guaranteed by funds from the Wisconsin development reserve fund, except for the program under s. 234.935, 1997 stats., at a ratio of $1 of reserve funding to $4.50 of total outstanding principal and outstanding guaranteed principal that the authority may guarantee under all of those programs.

SB45, s. 2397 Section 2397. 234.93 (4) (a) 3. of the statutes is amended to read:

SB45,1116,25 234.93 (4) (a) 3. To fund guarantees under the program under s. 234.935, 1997 stats., at a ratio of $1 of reserve funding to $4 of total principal and outstanding guaranteed principal that the authority may guarantee under that program.

SB45, s. 2398 Section 2398. 234.935 of the statutes is repealed.

SB45, s. 2399 Section 2399. 236.16 (3) (d) (intro.) of the statutes is amended to read:

SB45,1117,14 236.16 (3) (d) (intro.) All of the owners of all of the land adjacent to a public access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may petition the city, village, town or county that owns the public access to construct shoreline erosion control measures. Subject to par. (e), the city, village, town or county shall construct the requested shoreline erosion control measures or request the department of natural resources to determine the need for shoreline erosion control measures. Upon receipt of a request under this paragraph from a city, village, town or county, the department of natural resources shall follow the procedures in s. 30.02 (3) and (4) sub. (3m). Subject to par. (e), the city, village, town or county shall construct shoreline erosion control measures as required by the department of natural resources if the department of natural resources determines all of the following:

SB45, s. 2400 Section 2400. 236.16 (3m) of the statutes is created to read:

SB45,1118,4 236.16 (3m) Notice and hearing requirements. (a) Upon receipt of a request for a determination under sub. (3) (d), the department of natural resources shall either order a public hearing or provide notice stating that it will proceed on the request without a hearing if, within 30 days after the publication of the notice, no request for a hearing concerning the determination under sub. (3) (d) is received. The department of natural resources shall provide the notice to the clerk of each municipality in which the proposed shoreline erosion control measures are located and to any other person required by law to receive notice. The department of natural resources may provide notice to other persons as it considers appropriate. The department of natural resources shall provide a copy of the notice to the city, village, town or county that requested the determination. The city, village, town or county shall publish it as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The city, village, town or county shall file proof of publication with the department of natural resources.

SB45,1118,8 (b) If the department of natural resources orders a public hearing, the division of hearings and appeals shall mail a written notice at least 10 days before the hearing to each person given a copy of the notice under par. (a) and to each person requesting the hearing.

SB45,1118,13 (c) The city, village, town or county requesting the determination shall publish a class 1 notice under ch. 985 of the public hearing in a newspaper designated by the department of natural resources that is likely to give notice in the area affected. The city, village, town or county shall file proof of publication under this paragraph with the hearing examiner at or prior to the hearing.

SB45, s. 2401 Section 2401. 252.07 (1) of the statutes is renumbered 252.07 (1m) and amended to read:

SB45,1118,21 252.07 (1m) Tuberculosis is a communicable disease caused by mycobacterium tuberculosis and is Infectious tuberculosis and suspect tuberculosis are subject to the reporting requirements specified in s. 252.05. Any laboratory that performs a test receives a specimen for tuberculosis testing shall report all positive results obtained by any appropriate procedure, including a procedure performed by an out-of-state laboratory, to the local health officer and to the department.

SB45, s. 2402 Section 2402. 252.07 (1g) of the statutes is created to read:

SB45,1118,23 252.07 (1g) In this section:

SB45,1119,2 (a) "Infectious tuberculosis" means tuberculosis disease of the respiratory tract, capable of producing infection or disease in others as demonstrated by the presence of acid-fast bacilli in the sputum or bronchial secretions or by chest radiograph and clinical findings.

SB45,1119,4 (b) "Isolate" means a population of mycobacterium tuberculosis bacteria that has been obtained in pure culture medium.

SB45,1119,7 (c) "Isolation" means the separation from other persons of a person with infectious tuberculosis in a place and under conditions that prevent the transmission of the infection.

SB45,1119,11 (d) "Suspect tuberculosis" means an illness marked by symptoms and laboratory tests that may be indicative of tuberculosis, such as a prolonged cough, prolonged fever, hemoptysis, compatible roentgenographic findings or other appropriate medical imaging findings.

SB45, s. 2403 Section 2403. 252.07 (1p) of the statutes is created to read:

SB45,1119,15 252.07 (1p) Any laboratory that performs primary culture for mycobacteria shall also perform organism identification for mycobacterium tuberculosis complex using an approved rapid testing procedure specified by the department by rule.

SB45, s. 2404 Section 2404. 252.07 (1t) of the statutes is created to read:

SB45,1119,20 252.07 (1t) Any laboratory that identifies mycobacterium tuberculosis shall ensure that antimicrobial drug susceptibility tests are performed on the initial isolate. The laboratory shall report the results of these tests to the local health officer and the department.

SB45, s. 2405 Section 2405. 252.07 (2) of the statutes is amended to read:

SB45,1120,2 252.07 (2) The department shall identify groups at risk for contracting or transmitting mycobacterium tuberculosis and shall recommend the protocol for screening members of those groups. If necessary to prevent or control the transmission of mycobacterium tuberculosis, the department may promulgate rules that require screening of members of specific groups that are at risk for contracting or transmitting mycobacterium tuberculosis.

SB45, s. 2406 Section 2406. 252.07 (4) of the statutes is repealed.

SB45, s. 2407 Section 2407. 252.07 (5) of the statutes is amended to read:

SB45,1120,9 252.07 (5) Upon report of any person under sub. (1) (1m) or (1t), the local health officer shall at once investigate and make and enforce the necessary orders. If any person does not voluntarily comply with any order made by the local health officer with respect to that person, the local health officer or the department may order a medical evaluation, directly observed therapy or home isolation of that person.

SB45, s. 2408 Section 2408. 252.07 (7) of the statutes is repealed.

SB45, s. 2409 Section 2409. 252.07 (8) of the statutes is created to read:

SB45,1120,14 252.07 (8) (a) The department or a local health officer may order the confinement to a facility of an individual who has a confirmed diagnosis of infectious tuberculosis or suspect tuberculosis if all of the following conditions are met:

SB45,1120,16 1. The department or local health officer notifies a court in writing of the confinement.

SB45,1120,19 2. The department or local health officer provides to the court a written statement from a physician that the individual has infectious tuberculosis or suspect tuberculosis.

SB45,1120,23 3. The department or local health officer provides to the court evidence that the individual has refused to follow a prescribed treatment regimen or, in the case of an individual with suspect tuberculosis, has refused to undergo a medical examination to confirm whether the individual has infectious tuberculosis.

SB45,1121,3 4. In the case of an individual with a confirmed diagnosis of infectious tuberculosis, the department or local health officer determines that the individual poses an imminent and substantial threat to himself or herself or to the public health. The department or local health officer shall provide to the court a written statement of that determination.

SB45,1121,8 (b) If the department or local health officer orders the confinement of an individual under this subsection, a law enforcement officer, or other person authorized by the local public health officer, shall transport the individual, if necessary, to a facility that the department or local health officer determines will meet the individual's need for medical evaluation, isolation and treatment.

SB45,1121,11 (c) No individual may be confined under this subsection for more than 72 hours, excluding Saturdays, Sundays and legal holidays, without a court hearing under sub. (9) to determine whether the confinement should continue.

SB45, s. 2410 Section 2410. 252.07 (9) of the statutes is created to read:

SB45,1121,18 252.07 (9) (a) The department or a local health officer may petition any court for a hearing to determine whether an individual with infectious or suspect tuberculosis should be confined for longer than 72 hours in a facility where proper care and treatment will be provided and spread of the disease will be prevented. The department or local health officer shall include in the petition documentation that demonstrates all of the following:

SB45,1121,21 1. That the individual named in the petition has infectious tuberculosis; that the individual has noninfectious tuberculosis but is at high risk of developing infectious tuberculosis; or that the individual has suspect tuberculosis.

SB45,1121,24 2. That the individual has failed to comply with the prescribed treatment regimen or with any rules promulgated by the department under sub. (11); or that the disease is resistant to the medication prescribed to the individual.

SB45,1122,3 3. That all other reasonable means of achieving voluntary compliance with treatment have been exhausted and no less restrictive alternative exists; or that no other medication to treat the resistant disease is available.

SB45,1122,5 4. That the individual poses an imminent and substantial threat to himself or herself or to the public health.

SB45,1122,8 (b) The department or local health officer shall give the individual written notice of a hearing at least 48 hours before a scheduled hearing is to be held. Notice of the hearing shall include all of the following information:

SB45,1122,9 1. The date, time and place of the hearing.

SB45,1122,11 2. The grounds, and underlying facts, upon which confinement of the individual is being sought.

SB45,1122,12 3. An explanation of the individual's rights specified under par. (d).

SB45,1122,13 4. The proposed actions to be taken and the reasons for each action.

SB45,1122,19 (c) If the court orders confinement of an individual under this subsection, the individual shall remain confined until the department or local health officer, with the concurrence of a treating physician, determines that treatment is complete or that the individual is no longer a substantial threat to himself or herself or to the public health. If the individual is to be confined for more than 6 months, the court shall review the confinement every 6 months.

SB45,1123,5 (d) An individual who is the subject of a petition for a hearing under this subsection has the right to appear at the hearing, the right to present evidence and cross-examine witnesses and the right to be represented by adversary counsel. At the time of the filing of the petition the court shall assure that the individual who is the subject of the petition is represented by adversary counsel. If the individual claims or appears to be indigent, the court shall refer the individual to the authority for indigency determinations specified under s. 977.07 (1). If the individual is a child, the court shall refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in s. 48.23 (4). Unless good cause is shown, a hearing under this subsection may be conducted by telephone or live audiovisual means, if available.

SB45,1123,8 (e) An order issued by the court under this subsection may be appealed as a matter of right. An appeal shall be heard within 30 days after the appeal is filed. An appeal does not stay the order.

SB45, s. 2411 Section 2411. 252.07 (11) of the statutes is created to read:

SB45,1123,14 252.07 (11) The department may promulgate any rules necessary for the administration and enforcement of this section, including, if necessary to prevent or control the transmission of mycobacterium tuberculosis, rules that require screening of members of specific groups that are at risk for contracting or transmitting mycobacterium tuberculosis.

SB45, s. 2412 Section 2412. 252.073 of the statutes is repealed.

SB45, s. 2413 Section 2413. 252.076 of the statutes is repealed.

SB45, s. 2414 Section 2414. 252.08 (1) of the statutes is repealed.

SB45, s. 2415 Section 2415. 252.08 (2) of the statutes is repealed.

SB45, s. 2416 Section 2416. 252.08 (3) of the statutes is renumbered 252.07 (10) and amended to read:

SB45,1124,2 252.07 (10) Inpatient care for isolated pulmonary tuberculosis patients, and inpatient care exceeding 30 days for other pulmonary tuberculosis patients, who are not eligible for federal medicare benefits, for medical assistance under subch. V IV of ch. 49 or for health care services funded by a relief block grant under subch. II of ch. 49 may be reimbursed if provided by a facility contracted by the department. If the patient has private health insurance, the state shall pay the difference between health insurance payments and total charges.

SB45, s. 2417 Section 2417. 252.08 (4) of the statutes is repealed.

SB45, s. 2418 Section 2418. 252.08 (5) of the statutes is repealed.

SB45, s. 2419 Section 2419. 252.08 (6) of the statutes is repealed.

SB45, s. 2420 Section 2420. 252.09 of the statutes is repealed.

SB45, s. 2421 Section 2421. 252.10 (1) of the statutes is amended to read:

SB45,1125,5 252.10 (1) Counties with populations of more than 25,000 may establish and maintain public health dispensaries and, where necessary, branches of the dispensaries A local health department may request from the department certification to establish and maintain a public health dispensary for the diagnosis and treatment of persons suffering from or suspected of having mycobacterium tuberculosis or other pulmonary diseases. Two or more counties local health departments may jointly establish, operate and maintain public health dispensaries in order to serve a total population of not less than 25,000. Counties. The department shall certify a local health department to establish and maintain a public health dispensary if the local health department meets the standards established by the department by rule. The department of health and family services may withhold, suspend or revoke a certification if the local health department fails to comply with any rules promulgated by the department. The department shall provide the local health department with reasonable notice of the decision to withhold, suspend or revoke certification. The department shall offer the local health department an opportunity to comply with the rules and an opportunity for a fair hearing. Certified local health departments may contract with each other for public health dispensary services. The department and department of revenue shall be notified of the establishment of public health dispensaries and any contracts pertaining to the dispensaries. If the provider of those services fails to comply, the department may suspend or revoke the local health department's certification. The department may establish, operate and maintain public health dispensaries and branches in areas of the state where local authorities have not provided public health dispensaries.

SB45, s. 2422 Section 2422. 252.10 (3) of the statutes is repealed.

SB45, s. 2423 Section 2423. 252.10 (5) of the statutes is repealed.

SB45, s. 2424 Section 2424. 252.10 (6) (a) of the statutes is amended to read:

SB45,1125,12 252.10 (6) (a) The state shall credit or reimburse each dispensary on an annual or quarterly basis for the operation of public health dispensaries established and maintained in accordance with this section and rules promulgated by the department.

SB45, s. 2425 Section 2425. 252.10 (6) (b) of the statutes is amended to read:

SB45,1126,2 252.10 (6) (b) The state department shall determine by rule the reimbursement for each visit rate under par. (a) for services as ordered by a physician shall be $6 or a greater amount prescribed in rules promulgated by the department. If an X-ray is taken, an additional $6 or any greater amount prescribed in rules promulgated by the department will be credited. Any X-ray taken outside a facility under this section or outside a facility approved under s. 252.08 on individuals who have a significant reaction to a test for mycobacterium tuberculosis shall qualify for state aid in the same manner as an X-ray taken inside a facility, and the X-ray shall take the place of the first X-ray eligible for reimbursement as part of a case finding and preventive program under par. (e). The administration and reading of the test for mycobacterium tuberculosis for diagnostic purposes shall be considered one visit. Tests for mycobacterium tuberculosis given in school programs, employment health programs, community preventive and case finding programs are not reimbursable as a clinic visit.

SB45, s. 2426 Section 2426. 252.10 (6) (c) of the statutes is repealed.

SB45, s. 2427 Section 2427. 252.10 (6) (d) of the statutes is repealed.

SB45, s. 2428 Section 2428. 252.10 (6) (e) of the statutes is repealed.

SB45, s. 2429 Section 2429. 252.10 (6) (f) of the statutes is repealed.

SB45, s. 2430 Section 2430. 252.10 (6) (g) of the statutes is amended to read:

SB45,1126,10 252.10 (6) (g) The reimbursement by the state under pars. (a) to (f) and (b) shall apply only to funds that the department allocates for the reimbursement under the appropriation under s. 20.435 (5) (e).

SB45, s. 2431 Section 2431. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

SB45,1126,22 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (5) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than massage therapists or bodyworkers issued a license of registration under subch. X of ch. 440, social workers, marriage and family therapists or professional counselors certified under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of public instruction or dietitians certified under subch. V of ch. 448, local health departments, physicians or advanced practice nurse prescribers.

SB45, s. 2432 Section 2432. 252.10 (9) of the statutes is amended to read:

SB45,1127,4 252.10 (9) Public health dispensaries shall maintain such records as are required by the department to enable them to carry out their responsibilities designated in this section and in rules promulgated by the department. Records shall be submitted annually to the department as soon as possible after the close of each fiscal year and not later than August 15 following may be audited by the department.