Amendment JR2 AA1-ASA1-AB1

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:

AB1-ASA1-AA1,90,23 59.69 (3) (a) The county zoning agency may direct the preparation of a county development plan or parts of the plan for the physical development of the unincorporated territory within the county and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county's development plan. The plan may be adopted in whole or in part and may be amended by the board and endorsed by the governing bodies of incorporated jurisdictions included in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan. Beginning on January 1, 2010 2014, if the county engages in any program or action described in s. 66.1001 (3), the development plan shall contain at least all of the elements specified in s. 66.1001 (2).

AB1-ASA1-AA1, s. 150deg Section 150deg. 62.23 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 30, is amended to read:

AB1-ASA1-AA1,91,17 62.23 (3) (b) The commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may from time to time by resolution adopt a part or parts of a master plan. Beginning on January 1, 2010 2014, if the city engages in any program or action described in s. 66.1001 (3), the master plan shall contain at least all of the elements specified in s. 66.1001 (2). The adoption of the plan or any part, amendment, or addition, shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the city plan commission. The resolution shall refer expressly to the elements under s. 66.1001 and other matters intended by the commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part of the plan by the identifying signature of the secretary of the commission, and a copy of the plan or part of the plan shall be certified to the common council. The purpose and effect of the adoption and certifying of the master plan or part of the plan shall be solely to aid the city plan commission and the council in the performance of their duties.".

AB1-ASA1-AA1,91,18 114. Page 48, line 10: after that line insert:

AB1-ASA1-AA1,91,19 " Section 150kd. 59.08 (7) (b) of the statutes is amended to read:

AB1-ASA1-AA1,92,6 59.08 (7) (b) The question of the consolidation of the counties shall be submitted to the voters at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on the day fixed in a date specified in the order which shall be no sooner than 45 days after the date of the order issued under par. (a), which day date shall be the same in each of the counties proposing to consolidate. A copy of the order shall be filed with the county clerk of each of the counties as provided in s. 8.37. If the question of consolidation is submitted at a special election, it shall be held not less than 42 days nor more than 60 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.

AB1-ASA1-AA1, s. 150kf Section 150kf. 59.605 (3) (a) 1. of the statutes is amended to read:

AB1-ASA1-AA1,92,20 59.605 (3) (a) 1. If the governing body of a county wishes to exceed the operating levy rate limit otherwise applicable to the county under this section, it shall adopt a resolution to that effect. The resolution shall specify either the operating levy rate or the operating levy that the governing body wishes to impose for either a specified number of years or an indefinite period. The governing body shall call a special referendum for the purpose of submitting the resolution to the electors of the county for approval or rejection. In lieu of a special referendum, the governing body may specify that provide for the referendum to be held at the next succeeding spring primary or election or September primary or general election to be held authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs not earlier than 42 days after the adoption of the resolution of the governing body. The governing body shall file the resolution to be submitted to the electors as provided in s. 8.37.

AB1-ASA1-AA1, s. 150kh Section 150kh. 60.62 (2) of the statutes is amended to read:

AB1-ASA1-AA1,93,2 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town to be held at the time of any regular or special election in accordance with s. 8.065. The question for the referendum vote shall be filed as provided in s. 8.37.

AB1-ASA1-AA1, s. 150kj Section 150kj. 60.74 (5) (b) of the statutes is amended to read:

AB1-ASA1-AA1,93,15 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by qualified electors of the district equal to at least 20% of the vote cast for governor in the district at the last gubernatorial election, requesting a change to appointment of commissioners, may be submitted to the town board, subject to sub. (5m) (a). The petition shall be filed as provided in s. 8.37. Upon receipt of the petition, the town board shall submit the question to a referendum at the next regular spring election or general election, or shall call a special election for that purpose authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the petition by the town board. The inspectors shall count the votes and submit a statement of the results to the commission. The commission shall canvass the results of the election and certify the results to the town board which has authority to appoint commissioners.