Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1, s. 100ix Section 100ix. 40.98 (6m) of the statutes is created to read:

AB1-ASA1-AA1,82,6 40.98 (6m) The secretary of administration shall lapse from the appropriation under s. 20.515 (2) (g) to the general fund the amounts necessary to repay the loan under s. 601.34 when the secretary of administration, after consulting with the board, determines that funds in the appropriation under s. 20.515 (2) (g) are sufficient to make the lapse. The amounts that are required to be lapsed under s. 20.515 (2) (g) shall equal the amount necessary to pay all principal and interest costs on the loan, less any amount that is lapsed to the general fund under s. 20.515 (2) (a) at the end of the 2001-03 fiscal biennium. The secretary of administration may lapse the amounts under s. 20.515 (2) (g) in installments.".

AB1-ASA1-AA1,82,7 99. Page 32, line 23: after that line insert:

AB1-ASA1-AA1,82,8 " Section 100iL. 43.52 (2) of the statutes is repealed.

AB1-ASA1-AA1, s. 100kL Section 100kL. 43.57 (5) (e) of the statutes is repealed.".

AB1-ASA1-AA1,82,10 100. Page 32, line 23: after that line insert:

AB1-ASA1-AA1,82,11 " Section 100hm. 40.05 (4) (a) 1. of the statutes is amended to read:

AB1-ASA1-AA1,82,17 40.05 (4) (a) 1. For Beginning on January 1, 2003, for health insurance, each insured employee shall contribute $10 per month for single coverage or $20 per month for family coverage, whichever is applicable, and shall contribute the balance of the required premium amounts after applying required employer contributions, if any, and each insured retired employee shall contribute the balance of the required premium amounts after applying required employer contributions, if any.".

AB1-ASA1-AA1,82,18 101. Page 33, line 2: after that line insert:

AB1-ASA1-AA1,82,19 " Section 100n. 46.03 (18) (am) of the statutes is amended to read:

AB1-ASA1-AA1,82,24 46.03 (18) (am) Paragraph (a) does not prevent the department from charging and collecting the cost of adoptive placement investigations and child care as authorized under s. 48.837 (7). Paragraph (a) also does not prevent a county department under s. 51.42 or 51.437 from charging and collecting the cost of an examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).".

AB1-ASA1-AA1,83,1 102. Page 38, line 20: after that line insert:

AB1-ASA1-AA1,83,2 " Section 121t. 49.45 (6m) (ar) 1. a. of the statutes is amended to read:

AB1-ASA1-AA1,83,12 49.45 (6m) (ar) 1. a. The department shall establish standards for payment of allowable direct care costs, for facilities that do not primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state and separate standards for payment of allowable direct care costs, for facilities that primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state. The standards shall be adjusted by the department for regional labor cost variations. For facilities in Pierce and St. Croix counties, the department shall perform the adjustment by use of the wage index that is used by the federal department of health and human services for hospital reimbursement under 42 USC 1395 to 1395ggg.".

AB1-ASA1-AA1,83,13 103. Page 38, line 20: after that line insert:

AB1-ASA1-AA1,83,14 " Section 121m. 49.45 (18) (d) of the statutes is amended to read:

AB1-ASA1-AA1,83,18 49.45 (18) (d) No person who designates a pharmacy or pharmacist as his or her sole provider of prescription drugs and who so uses that pharmacy or pharmacist is liable under this subsection for more than $5 $10 per month for prescription drugs received.".

AB1-ASA1-AA1,83,19 104. Page 38, line 21: delete lines 21 and 22 and substitute:

AB1-ASA1-AA1,83,20 " Section 122b. 49.45 (49) of the statutes is created to read:

AB1-ASA1-AA1,83,24 49.45 (49) Prescription drug prior authorization. (a) In this subsection, "prescription drug" means a prescription drug, as defined in s. 450.01 (20), that is included in the legend drugs under s. 49.46 (2) (b) 6. h. and that may be prescribed for a medical assistance recipient.

AB1-ASA1-AA1,84,2 (b) The department may not establish prior authorization policies for a prescription drug that is used to treat respiratory illness, mental illness, or diabetes.

AB1-ASA1-AA1,84,5 (c) Before the department establishes a requirement for prior authorization for a prescription drug, the department shall hold a public meeting concerning the prior authorization, for which the department shall do all of the following:

AB1-ASA1-AA1,84,6 1. Send written notice of the public meeting to all of the following:

AB1-ASA1-AA1,84,8 a. The revisor of statutes, for publication in the Wisconsin Administrative Register under s. 35.93.

AB1-ASA1-AA1,84,9 b. The secretary of administration.

AB1-ASA1-AA1,84,11 c. Appropriate standing committees of the legislature, in the manner provided under s. 13.172 (3).

AB1-ASA1-AA1,84,13 2. Take any action that the department considers necessary to provide notice of the public meeting to other interested persons.

AB1-ASA1-AA1,84,17 3. At the beginning of the public meeting, present a summary of the medical, pharmacological, or economic rationale on which the prior authorization requirement is based, including any information obtained from the prescription drug prior authorization committee under par. (e).

AB1-ASA1-AA1,84,19 4. Afford each interested person or a representative the opportunity to present oral or written facts, opinion, or argument.

AB1-ASA1-AA1,84,21 5. Keep a record of the meeting in a manner that the department considers desirable and feasible.

AB1-ASA1-AA1,84,23 6. Limit oral presentations if the meeting would be unduly lengthened by repetitious testimony.

AB1-ASA1-AA1,84,24 7. If appropriate, question the persons presenting facts, opinion, or argument.

AB1-ASA1-AA1,85,5 (d) By October 1, 2002, and every 6 months thereafter, the department shall review and reconsider prior authorization policies for each prescription drug that is subject to prior authorization requirements. The department shall hold a public meeting concerning the review and reconsideration, for which the department shall do all of the following:

AB1-ASA1-AA1,85,6 1. Send written notice of the public meeting to all of the following:

AB1-ASA1-AA1,85,8 a. The revisor of statutes, for publication in the Wisconsin Administrative Register under s. 35.93.

AB1-ASA1-AA1,85,9 b. The secretary of administration.

AB1-ASA1-AA1,85,11 c. Appropriate standing committees of the legislature, in the manner provided under s. 13.172 (3).

AB1-ASA1-AA1,85,13 2. Take any action that the department considers necessary to provide notice of the public meeting to other interested persons.

AB1-ASA1-AA1,85,17 3. At the beginning of the public meeting, present a summary of the medical, pharmacological, or economic rationale on which the prior authorization requirement is based, including any information obtained from the prescription drug prior authorization committee under par. (e).

AB1-ASA1-AA1,85,19 4. Afford each interested person or a representative the opportunity to present oral or written facts, opinion, or argument.

AB1-ASA1-AA1,85,21 5. Keep a record of the meeting in a manner that the department considers desirable and feasible.

AB1-ASA1-AA1,85,23 6. Limit oral presentations if the meeting would be unduly lengthened by repetitious testimony.

AB1-ASA1-AA1,85,24 7. If appropriate, question the persons presenting facts, opinion, or argument.

AB1-ASA1-AA1,85,25 (e) The secretary shall".

AB1-ASA1-AA1,86,1 105. Page 39, line 8: delete "(b)" and substitute "(f)".

AB1-ASA1-AA1,86,2 106. Page 39, line 10: after that line insert:

AB1-ASA1-AA1,86,3 " Section 122c. 49.45 (50) of the statutes is created to read:

AB1-ASA1-AA1,86,7 49.45 (50) Disease management. (a) In this subsection, "disease management" means an integrated and systematic approach for managing the health care needs of patients who are at risk of or are diagnosed with a specific disease, using all of the following:

AB1-ASA1-AA1,86,8 1. Best practices.

AB1-ASA1-AA1,86,9 2. Prevention strategies.

AB1-ASA1-AA1,86,10 3. Clinical practice improvement.

AB1-ASA1-AA1,86,11 4. Clinical interventions and protocols.

AB1-ASA1-AA1,86,12 5. Outcomes research, information, and technology.

AB1-ASA1-AA1,86,14 6. Other tools and resources to reduce overall costs and improve measurable outcomes.

AB1-ASA1-AA1,86,17 (b) The department may contract with an entity, under the department's request-for-proposal procedures, to engage in disease management activities on behalf of recipients of medical assistance.".

AB1-ASA1-AA1,86,18 107. Page 41, line 13: after that line insert:

AB1-ASA1-AA1,86,19 " Section 128g. 49.49 (6) of the statutes is amended to read:

AB1-ASA1-AA1,87,5 49.49 (6) Recovery. In addition to other remedies available under this section, the court may award the department of justice the reasonable and necessary costs of investigation, an amount reasonably necessary to remedy the harmful effects of the violation and the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this section. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).".

AB1-ASA1-AA1,87,6 108. Page 41, line 13: after that line insert:

AB1-ASA1-AA1,87,7 " Section 128k. 49.665 (2m) of the statutes is created to read:

AB1-ASA1-AA1,87,12 49.665 (2m) Unborn children. (a) If the secretary determines that federal law under 42 USC 1397aa to 1397jj authorizes the department to allow a woman and her unborn child, as defined in s. 48.02 (19), to be considered a family for the purpose of determining eligibility for the program under this section, the department shall do so.

AB1-ASA1-AA1,87,20 (b) If the secretary of health and family services determines that federal law under 42 USC 1397aa to 1397jj does not authorize the expansion of eligibility described under par. (a), the department shall request a waiver from the federal secretary of health and human services that would permit the department to allow a woman and her unborn child, as defined in s. 48.02 (19), to be considered a family for the purpose of determining eligibility for the program under this section. If the waiver is granted and in effect, the department shall administer the program as permitted in the waiver.".

AB1-ASA1-AA1,87,21 109. Page 47, line 25: after that line insert:

AB1-ASA1-AA1,87,22 " Section 148n. 50.36 (3d) of the statutes is created to read:

AB1-ASA1-AA1,88,3 50.36 (3d) (a) A hospital shall develop and maintain a system under which the hospital may grant emergency staff privileges to a health care provider, as defined in s. 146.81 (1), to whom all of the following apply:

AB1-ASA1-AA1,88,6 1. The health care provider seeks to provide care at the hospital during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1.

AB1-ASA1-AA1,88,9 2. The health care provider does not have staff privileges at the hospital at the time that the state of emergency related to public health is declared by the governor under s. 166.03 (1) (b) 1.

AB1-ASA1-AA1,88,10 3. The health care provider has staff privileges at another hospital.

AB1-ASA1-AA1,88,13 (b) A hospital that grants emergency staff privileges under par. (a) has immunity from civil liability for acts or omissions by a health care provider who is granted emergency staff privileges under par. (a).".

AB1-ASA1-AA1,88,14 110. Page 48, line 5: after that line insert:

AB1-ASA1-AA1,88,15 " Section 149m. 51.20 (13) (ct) 1m. of the statutes is amended to read:

AB1-ASA1-AA1,88,23 51.20 (13) (ct) 1m. Except as provided in subd. 2m., if the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed any violation, or to have solicited, conspired, or attempted to commit any violation, of ch. 940, 944, or 948 or ss. 942.08 or 943.01 to 943.15, the court may require the subject individual to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the subject individual report under s. 301.45.".

AB1-ASA1-AA1,88,24 111. Page 48, line 10: after that line insert:

AB1-ASA1-AA1,89,1 " Section 150cm. 60.55 (1) (a) 4. of the statutes is amended to read:

AB1-ASA1-AA1,89,2 60.55 (1) (a) 4. Utilizing a fire company organized under ch. 180, 181, or 213.

AB1-ASA1-AA1, s. 150cn Section 150cn. 61.65 (2) (a) 4. of the statutes is amended to read:

AB1-ASA1-AA1,89,6 61.65 (2) (a) 4. Utilizing a fire company organized under ch. 180, 181, or 213, except that this subdivision does not apply in a village that provides fire protection services under subd. 1. on December 9, 1993.".

AB1-ASA1-AA1,89,7 112. Page 48, line 10: after that line insert:

AB1-ASA1-AA1,89,8 " Section 150d. 60.10 (2) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1,89,18 60.10 (2) Directives or grants of authority to town board. (intro.) Except as provided under par. (c), directives Directives or grants of authority to the town board under this subsection may be general and continuing or may be limited as to purpose, effect, or duration. A resolution adopted under this subsection shall specify whether the directive or grant is general and continuing or whether it is limited as to purpose, effect, or duration. A resolution that is continuing remains in effect until rescinded at a subsequent town meeting by a number of electors equal to or greater than the number of electors who voted for the original resolution. This subsection does not limit any authority otherwise conferred on the town board by law. By resolution, the town meeting may:

AB1-ASA1-AA1, s. 150db Section 150db. 60.10 (2) (c) of the statutes is repealed.

AB1-ASA1-AA1, s. 150de Section 150de. 60.22 (3) of the statutes is amended to read:

AB1-ASA1-AA1,89,23 60.22 (3) Village powers. If authorized under s. 60.10 (2) (c), may May exercise powers relating to villages and conferred on village boards under ch. 61, except those powers which conflict with statutes relating to towns and town boards.

AB1-ASA1-AA1, s. 150dem Section 150dem. 60.23 (19) of the statutes is amended to read:

AB1-ASA1-AA1,90,5 60.23 (19) Fences in subdivisions. If authorized under s. 60.10 (2) (c) to exercise exercising village powers, by ordinance require a subdivider to construct a fence under s. 90.02 on the boundary of a subdivision, as defined under s. 236.02 (8), as a condition of plat approval by the town. The fence shall be maintained under s. 90.05 (2) and repaired under ss. 90.10 and 90.11.

AB1-ASA1-AA1, s. 150h Section 150h. 60.62 (1) of the statutes is amended to read:

AB1-ASA1-AA1,90,9 60.62 (1) Subject to subs. (2), (3), and (4), if a town board has been granted authority to exercise exercises village powers under s. 60.10 (2) (c) 60.22 (3), the board may adopt zoning ordinances under s. 61.35.".

AB1-ASA1-AA1,90,10 113. Page 48, line 10: after that line insert:

AB1-ASA1-AA1,90,12 " Section 150c. 59.69 (3) (a) of the statutes, as affected by 2001 Wisconsin Act 30, is amended to read: