(4) Adolescent pregnancy prevention and pregnancy services board.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services that are primarily related to the functions of the adolescent pregnancy prevention and pregnancy services board, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.
(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the functions of the adolescent pregnancy prevention and pregnancy services board, as determined by the secretary of administration, is transferred to the department of administration.
(4h) Plan for distribution of food pantry grants. Notwithstanding section 46.766 of the statutes, as created by this act, no later than 90 days after the effective date of this subsection, the department of health and family services shall submit to the joint committee on finance a plan for distributing the grants to food pantries under section 46.766 of the statutes, as created by this act. If the cochairpersons of the committee do not notify the department of health and family services within 14 working days after the date on which the department submitted the plan that the committee intends to schedule a meeting to review the plan, the department shall implement the plan. If, within 14 working days after the date on which the department submitted the plan, the cochairpersons of the committee notify the department that the committee intends to schedule a meeting to review the plan, the department may implement the plan only as approved by the committee.
(5)
Kinship care background reviews. The repeal of
1997 Wisconsin Act 27, sections
1622d,
1623d,
1624d, and
9423 (10f) and
1997 Wisconsin Act 252, sections
51,
53, and
201 (1), by this act applies notwithstanding section 990.03 (3) of the statutes.
(6) Medical assistance eligibility position increases.
(a) On the effective date of this paragraph, the authorized FTE positions for the department of health and family services are increased by 5.18 GPR positions, to be funded from the appropriation under section 20.435 (4) (a) of the statutes, as affected by the acts of 2001.
(b) On the effective date of this paragraph, the authorized FTE positions for the department of health and family services are increased by 1.82 FED positions, to be funded from the appropriation under section 20.435 (4) (n) of the statutes, as affected by the acts of 2001.
(8d) Report on medical assistance psychosocial services. By the first day of the 6th month after the effective date of this subsection, the department of health and
family services shall submit a report to the joint committee on finance on the status of the implementation, under section 49.45 (30e) of the statutes, of the medical assistance benefit on psychosocial services, including case management services, provided by the staff of a community-based psychosocial service program.
(8e)
Transfer for outpatient hospital reimbursement under badger care. In each of state fiscal years 2001-02 and 2002-03, the department of health and family services may transfer moneys from the appropriation account under section 20.435 (4) (w) of the statutes, as created by this act, to the appropriation account under section 20.435 (4) (x) of the statutes, as created by this act, to attempt to ensure that sufficient reimbursement for outpatient hospital services is available under section 49.665 of the statutes, as affected by this act, at the rate of reimbursement under section 49.45 of the statutes.
(8kk) Study of vital records on-line electronic filing system.
(a) By January 1, 2002, the secretary of health and family services shall appoint a committee to develop recommended guidelines for an on-line electronic filing system for vital records in Wisconsin that incorporates privacy, flexibility, and productivity; to study methods employed by other states to protect against identity theft in on-line electronic filing systems; to recommend increases, if necessary, in vital records fees for implementation of an on-line electronic filing system; and to recommend allocation of revenues resulting from the fee increases. The members of the committee shall include all of the following:
1. The state registrar of vital statistics.
2. Three local registrars, including one from a county with a population that does not exceed 22,000; one from a county with a population that exceeds 22,000 but does not exceed 300,000; and one from a county with a population that exceeds 300,000.
3. Three representatives of the department of health and family services.
4. One genealogist.
(b) By July 1, 2002, the committee appointed under paragraph (a) shall develop an outline of its proposals.
(c) By January 1, 2003, the committee appointed under paragraph (a) shall report its findings and recommendations, including a proposed schedule of fees chargeable for vital records that supports implementation of an on-line electronic filing system and security measures to protect against identity theft, to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor.
(8r) Use of nursing home penalty assessments and interest. The department of health and family services shall request approval from the health care financing administration of the federal department of health and human services to use nursing home penalty assessments and interest imposed under section 49.498 of the statutes for coordination of volunteer ombudsmen directed by the board on aging and long-term care.
(8z) Use of income augmentation receipts for Milwaukee child welfare services. If after supporting the costs specified in section 46.46 of the statutes, as affected by this act, and lapsing the amounts specified in Section 9223 (4z) (b) and (5zk) of this act there remain any moneys in the appropriation account under section 20.435 (8) (mb) of the of the statutes, as affected by this act, those remaining moneys are allocated for costs associated with transferring cases of children in out-of-home care who are under the supervision of a county department under section 46.215 of the statutes, as affected by this act, to the supervision of a licensed child welfare agency in the event that any contracts between the county department and the department of health and family services under section 48.48 (17) (a) 11. of the statutes to provide services for those children are not renewed. The department of health and family services may not expend or encumber any moneys allocated under this subsection unless the department submits a plan for the proposed use of those moneys to the secretary of administration. The department of health and family services may propose expending or encumbering no more than $2,933,700 under this subsection. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of the secretary's submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department of health and family services may implement the plan as proposed by the department of health and family services and approved by the secretary of administration. If, within 14 working days after the date of the secretary's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department of health and family services may implement the plan only upon the approval of the committee.
(9bk) Income augmentation activities. The authorized FTE positions for the department of health and family services are increased by 1.0 FED position on October 1, 2001, to be funded from the appropriation under section 20.435 (8) (mb) of the statutes, for the purpose of performing income augmentation activities under section 46.46 of the statutes.
(9h) Study on electronic benefits transfer systems under the supplemental food program for women, infants, and children.
(a) The department of health and family services shall study all of the following:
1. Information system requirements for administering an electronic benefit transfer system under the supplemental food program for women, infants, and children.
2. Compatibility of an electronic benefit transfer system under the supplemental food program for women, infants, and children with existing electronic benefit transfer systems.
3. 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.
4. Possible funding sources for the implementation of an electronic benefit transfer system under the supplemental food program for women, infants, and children.
(b) Not later than January 1, 2003, 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.
(9w) Rules on drug copayments and coinsurance under the health insurance risk-sharing plan. The department of health and family services may use the procedure under section 227.24 of the statutes to promulgate rules authorized under section 149.14 (5) (e) of the statutes, as affected by this act, and section 149.146 (2) (am) 5. of the statutes, as created by this act. 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 public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(9wo) Report on potential badger care health care programs savings. The department of health and family services shall study the potential for long-term savings under the badger care health care program under section 49.665 of the statutes, as affected by this act.
No later than January 1, 2002, the department of health and family services shall report the results of the study, together with its findings and recommendations, to the joint committee on finance.
(9x) Preexisting condition exclusions under the health insurance risk-sharing plan. An eligible individual, as defined in section 149.14 (6) (b) 1., 1999 stats., who has coverage under the health insurance risk-sharing plan on the effective date of this subsection may not be subject to any preexisting condition exclusion under section 149.14 (6) (a) of the statutes, regardless of how long the individual has been covered under the plan. An eligible individual, as defined in section 149.14 (6) (b) 1., 1999 stats., who has coverage under the health insurance risk-sharing plan on the effective date of this subsection and who elects new coverage under section 149.146 (1) (b) of the statutes, as affected by this act, may not be subject to any preexisting condition exclusion if he or she was an eligible individual, as defined in section 149.14 (6) (b) 1., 1999 stats., when he or she first obtained coverage under the plan and he or she has remained continuously covered under the plan up to the time of electing new coverage.
(12r) Statewide trauma care system; positions. The authorized FTE positions for the department of health and family services are increased by 2.0 PR project positions, to be funded from the appropriation account under section 20.435 (1) (kx) of the statutes, for the purposes of the statewide trauma care system under section 146.56 of the statutes, as affected by this act, for the period beginning on July 1, 2001, and ending on June 30, 2003.
(12s) Statewide trauma care system; regional advisory trauma councils. From the appropriation account under section 20.435 (1) (kx) of the statutes, the department of health and family services shall expend $25,000 in state fiscal year 2001-02 and $50,000 in state fiscal year 2002-03 for expenses of the regional advisory trauma councils under section 146.56 (1) of the statutes, as affected by this act, and shall distribute $290,000 in state fiscal year 2002-03 as grants to regional advisory trauma councils for performance of activities under the statewide trauma system.
(12zk) Milwaukee child welfare administration; rules. The department of health and family services shall submit in proposed form the rules required under section 48.48 (17) (e) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than the first day of the 9th month beginning after the effective date of this subsection.
(13b) Durable medical equipment; customized wheelchair. From the appropriations under section 20.435 (4) (b) and (o) of the statutes, as affected by this act, notwithstanding the denial of a request for prior authorization for durable medical equipment for a customized wheelchair, the department of health and family services shall purchase a customized wheelchair for a resident of the Vernon Manor nursing home in Vernon County who has cerebral palsy and for whom a physician has determined that a customized wheelchair is necessary.
(13d) Plan for regional labor cost variations for nursing home reimbursement. For purposes of determining medical assistance reimbursement for allowable direct care costs for facilities with respect to adjustments for regional labor cost variations under section 49.45 (6m) (ar) 1. a. of the statutes, the department of health and family services, together with representative of the nursing home industry and organized labor, shall develop a comprehensive plan that specifies varying regions of the state of Wisconsin with respect to labor costs for nursing home staff. The department of health and family services shall submit the plan, by September 1, 2001, or by the first day of the 2nd month beginning after the effective date of this subsection, whichever is later, to the joint committee on finance for review. If the cochairpersons of the joint committee on finance do not notify the secretary of health and family services within 14 working days after the date on which the plan is submitted that the committee intends to schedule a meeting to review the plan, the department of health and family services shall implement the plan in adjusting standards for medical assistance reimbursement of allowable direct care costs for facilities under section 49.45 (6m) (ar) 1. a. of the statutes. If, within 14 working days after the date on which the plan is submitted, the cochairpersons of the committee notify the secretary of health and family services that the committee intends to schedule a meeting to review the plan, the department of health and family services may implement the plan only upon approval by the committee.
(13dd) Increase in hospital and health maintenance organization rates of reimbursement. No later than 90 days after the effective date of this subsection, the department of health and family services shall submit to the joint committee on finance a plan for distributing the moneys appropriated in the 2001-03 fiscal biennium under section 20.435 (4) (o) and (w) of the statutes, as affected by this act, for increasing the maximum rate of reimbursement paid to hospitals and health maintenance organizations for outpatient services provided under the medical assistance program under subchapter IV of chapter 49 of the statutes. The plan may not increase the maximum rate of reimbursement paid to hospitals for outpatient services so that the increase results in an increase in the discount rate, which is shown as the difference between the rate of reimbursement paid to fee-for-service providers for the same services that are provided by health maintenance organizations and the rate of payment made to health maintenance organizations for those services, of more than $2,500,000 in each of calendar years 2002 and 2003. If the cochairpersons of the committee do not notify the secretary of health and family services within 14 working days after receiving the plan that the cochairpersons have scheduled a meeting for the purpose of reviewing the plan, the department of health and family services shall implement the plan. If, within 14 working days after receiving the plan, the cochairpersons notify the secretary of health and family services that the cochairpersons have scheduled a meeting for the purpose of reviewing the plan, the department of health and family services may implement the plan only as approved by the committee.
(13k) Expansion of program of all-inclusive care of the elderly. From the appropriation under section 20.435 (7) (bc) of the statutes, the department of health and family services shall provide $60,000 for start-up costs to expand to Racine County the program of all-inclusive care for persons aged 65 or older authorized under
42 USC 1395 to
1395gg.
(13q) Health insurance supplement for community disability service providers. From the appropriation under section 20.435 (4) (bu) of the statutes, as created by this act, the department of health and family services shall in state fiscal year 2001-02 distribute moneys to applying providers of services under home and community-based waiver programs under
42 USC 1396n (c), including the long-term support community options program under section 46.27 of the statutes and the community integration programs under sections 46.275, 46.277, and 46.278 of the statutes, to offset costs of providing health insurance to employees of the providers. Moneys distributed under this subsection to an applying provider are limited to the amount the provider expends for employee health care insurance costs or $50,000, whichever is less.
(14b) Sudden infant death syndrome prevention training; rules. The department of health and family services shall submit in proposed form the rules required under section 48.67 of the statutes, as affected by this act, to the legislature under section 227.19 of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.
(14e) Milwaukee health clinics grants. In fiscal year 2001-02, from the appropriation account under section 20.435 (5) (fh) of the statutes, as affected by this act, the department of health and family services shall provide all of the following:
(a) One grant in the amount of $273,300 to the Milwaukee Immediate Care Center to allow continued operation of the facility.
(b) One grant in the amount of $226,700 to the Martin Luther King Heritage Health Center to expand primary care examination rooms and to create an emergency care clinic at the Isaac Coggs Community Health Center.
(14g) Fees for patient health care records; rules.
(a) The department of health and family services shall submit in proposed form the rules required under section 146.83 (3m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this subsection.
(b) To develop the rules under paragraph (a), the secretary of health and family services shall establish an advisory committee composed of members who represent a balance of persons who maintain patient health care records and persons who request patient health care records.
(14k) Immunization registry.
(a) The department of health and family services shall submit to the joint committee on finance a request to supplement the appropriation account under section 20.435 (4) (bm) of the statutes, as affected by this act, for the purpose of developing and implementing a statewide immunization registry. The request shall include a memorandum of understanding between the department of health and family services and the Marshfield Clinic, on behalf of the Regional Early Childhood Immunization Network, that specifies the amount of moneys allocated under section 49.175 (1) (ze) 9. of the statutes that will be used to support immunization data collection by the Regional Early Childhood Immunization Network, outside of the area currently served by the immunization registry system of the Marshfield Clinic and that results in a savings for the department's immunization registry.
(b) If the cochairpersons of the committee do not notify the secretary of health and family services within 14 working days after receiving the memorandum of understanding and request under paragraph (a) that the cochairpersons have scheduled a meeting for the purpose of reviewing the request, the appropriation account under section 20.435 (4) (bm) of the statutes, as affected by this act, shall be supplemented from the appropriation account under section 20.865 (4) (a) of the statutes, as provided in the request. If, within 14 working days after receiving the proposal, the cochairpersons notify the secretary that the cochairpersons have scheduled a meeting for the purpose of reviewing the request, the appropriation account may be supplemented from the appropriation account under section 20.865 (4) (a) of the statutes only as approved by the committee. Notwithstanding section 13.101 (3) of the statutes, the committee is not required to find that an emergency exists prior to supplementing the appropriation account under section 20.435 (4) (bm) of the statutes, as affected by this act.
(c) Not later than January 1, 2003, the department of health and family services shall submit a report on the immunization registry to the legislature in the manner provided under section 13.172 (2) of the statutes.
(14L) Winnebago Mental Health Institute and Mendota Mental Health Institute position authorizations.
(a) The authorized FTE positions for the department of health and family services are decreased by 1.58 GPR positions, funded from the appropriation under section 20.435 (2) (a) of the statutes, for the purpose of providing care to residents of the Winnebago Mental Health Institute and Mendota Mental Health Institute.
(b) The authorized FTE positions for the department of health and family services are increased by 1.58 PR positions, to be funded from the appropriation under section 20.435 (2) (gk) of the statutes, as affected by this act, for the purpose of providing care to residents of the Winnebago Mental Health Institute and Mendota Mental Health Institute.
(14q) Marriage counseling. The authorized FTE positions for the department of health and family services, funded from the appropriation under section 20.435 (3) (kx) of the statutes, are decreased by 1.0 PR position for the provision of marriage counseling services.
(15e) Fifth standard for emergency detention and civil commitment. The repeal of
1995 Wisconsin Act 292, sections
5,
12,
14,
16,
20,
22,
24,
28,
30,
30h,
32, and
37 (1), and the repeal of
1997 Wisconsin Act 35, sections
141,
144,
147, and
605 (1), apply notwithstanding section 990.03 (3) of the statutes.
(15j) Assistive technology and adaptive equipment.
(a) From the appropriation account under section 20.435 (6) (a) of the statutes, the subunit in the department of health and family services that deals with physical disabilities shall expend $15,000 in each of state fiscal years 2001-02 and 2002-03 to administer funding for assistive technology and adaptive equipment for persons with physical disabilities; develop statewide reporting mechanisms, contract performance evaluation, and training; and work with vendors to obtain updated assistive technology and adaptive equipment.
(b) From the appropriation account under section 20.435 (7) (bc) of the statutes, the department of health and family services shall distribute $15,000 in each of state fiscal years 2001-02 and 2002-03 to the Easter Seals Society of Wisconsin, Inc., to provide persons with disabilities in the agricultural industry with specialized assistance regarding adaptations or modifications of agricultural equipment.
(c)
From the appropriation account under section 20.435 (7) (bc) of the statutes, the department of health and family services shall expend $20,000 in each of state fiscal years 2001-02 and 2002-03 to provide recycled medical equipment, including wheelchairs, and equipment parts, maintenance, and distribution costs to persons with disabilities.
(d) From the appropriation account under section 20.435 (7) (c) of the statutes, the department of health and family services shall award grants of $18,750 in each of state fiscal years 2001-02 and 2002-03 to each of the eight independent living centers for the severely disabled, to provide information, resources, and assessments for the needs for assistive technology and adaptive equipment of persons with disabilities who are residents of the independent living centers.
(15k) Medical assistance provider fraud and abuse; rules. The department of health and family services shall submit in proposed form the rules required under section 49.45 (2) (a) 10. c., 11. b., and 12. b. and (b) 6m., 7., 8., and 9., (3) (g) 2. and (h) 1n., and (21) (e) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this subsection.
(16h) Prescription drug assistance for elderly; administration. Before July 1, 2002, the department of health and family services may develop and submit to the department of administration a proposal for expenditure of the funds appropriated under section 20.865 (4) (a) of the statutes for administration of the prescription drug assistance for elderly program under section 49.688 of the statutes, as created by this act. The department of administration may approve, disapprove, or modify and approve any proposal it receives under this subsection. If the department of administration approves the proposal, the department shall submit the proposal, together with any modifications, to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretaries of administration and health and family services within 14 working days after receiving the proposal that the cochairpersons have scheduled a meeting for the purpose of reviewing the proposal, the secretary of administration may transfer from the appropriation account under section 20.865 (4) (a) of the statutes to the appropriation account under section 20.435 (4) (a) of the statutes the amount specified in the proposal or any proposed modifications of the proposal for expenditure as specified in the proposal or any proposed modifications of the proposal and may approve any position authority specified in the proposal or any proposed modifications of the proposal. If, within 14 working days after receiving the proposal, the cochairpersons notify the secretaries of administration and health and family services that the cochairpersons have scheduled a meeting for the purpose of reviewing the proposal, the secretary of administration may not transfer any amount specified in the proposal or any proposed modifications of the proposal from the appropriation account under section 20.865 (4) (a) of the statutes and may not approve any position authority specified in the proposal or any proposed modifications of the proposal, except as approved by the committee.
(16mn) Study on funding the health insurance risk-sharing plan. The board of governors of the health insurance risk-sharing plan under chapter 149 of the statutes, as affected by this act, shall conduct a study on alternative funding sources for the health insurance risk-sharing plan. No later than January 1, 2002, the board of governors shall report the results of the study, together with its findings and recommendations, to the standing committees of the legislature on health in the manner provided under section 13.172 (3) of the statutes and to the members of the joint committee on finance.
(16r) Plan for services for persons with developmental disabilities. The department of health and family services shall develop a plan to administer and fund services for persons with developmental disabilities. The plan, which shall include any recommended statutory language changes that are needed to implement the plan, shall be included in that department's budget request that is submitted to the department of administration for the 2003-05 biennium. The plan shall include the following components:
(a) Institutional and community-based services for persons with developmental disabilities shall be administered within one administrative subunit of the department of health and family services. The subunit that is designated to administer these services shall be the subunit that is administering community-based services for persons with developmental disabilities on the effective date of this paragraph.
(b) Funding under the medical assistance program for institutional services and home and community-based waiver services for persons with developmental disabilities shall be combined into one appropriation, to the extent permissible under federal law. The funding in this appropriation may not be tied to any specific program or service setting, but shall be individually tailored to enable the person to live in the least restrictive setting appropriate to his or her needs and preferences.
(16rq) Medical assistance waivers for developmental disabilities services. The department of health and family services shall determine whether any new waivers under the medical assistance program are necessary to administer funding for medical assistance services as described in subsection (16r) (b). That department shall apply for any waivers of federal medical assistance statutes and regulations from the federal department of health and human services that the department of health and family services determines are necessary to administer funding for medical assistance services as described in subsection (16r) (b).
(16rr) Written plans of care for personal care services; rules. The department of health and family services shall submit in proposed form the rules required under section 49.45 (2) (a) 24. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the fourth month beginning after the effective date of this subsection.
(16rs) Pilot program for long-term care of children with disabilities.
(a) In this subsection:
1. "Administering agency" means a county department under section 46.23, 51.42, or 51.437 of the statutes or a human services agency that administers the program under a contract with such a county department.
2. "Program" means a pilot program that provides a system of long-term care for children with disabilities and their families.
(b) 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 pilot sites, the program. If the waivers are granted, the program shall have all of the following characteristics:
1. Eligibility under sections 46.27 (11), 46.275, 46.277, 46.278, 46.985, and 51.44 of the statutes shall be expanded to include children with severe disabilities and
long-term care needs and children eligible for medical assistance with high medical costs, and medical assistance coverage of services shall be expanded to include services focused on the needs of children with developmental disabilities and their families.
2. The administration of the program shall be consistent with section 46.985 of the statutes, including a family-centered assessment and planning process.
3. The program shall operate within rate settings based upon a child's level of care and support needs. The department of health and family services shall promulgate rules that specify rates that are consistent with federal medical assistance home and community-based waiver regulations.
4. The department of health and family services shall coordinate supports and services under the program with the medical assistance fee-for-service system, including the prior authorization process.
5. The lead agency for the program shall be an administering agency.
6. Counties in which the program is located shall provide, contract for the provision of, organize, or arrange for long-term care supports for eligible children up to age 24 years, consistent with section 46.985 (1) (b) and (6) (f) of the statutes.
7. Information and assistance services operated under the program shall provide, contract, or arrange for the provision of all of the following:
a. Information and referral services and other assistance at hours that are convenient for the public.
b. Within the limits of available funding, prevention and intervention services.
c. Counseling concerning public and private benefits programs.
d. Assistance with understanding rights of children and parents within the long-term care system.
8. The administering agency shall determine functional and financial eligibility for the program by coordinating with the department of health and family services in completing all of the following:
a. A determination of functional eligibility for the children's long-term support benefit.
b. A determination of financial eligibility and of the maximum amount of cost sharing required for a family who is seeking long-term care services, under standards prescribed by the department of health and family services.
c. Assistance to a child who is eligible for a long-term support benefit and to the child's family with respect to the choice of whether or not to participate in the waiver pilot.
d. Assistance in enrolling in the program, for families who choose to enroll their children.
