Amendment JR2 ASA1-AB1

AB1-ASA1, s. 125 Section 125. 49.49 (2) (b) of the statutes is amended to read:

AB1-ASA1,40,17 49.49 (2) (b) Offer or payment of remuneration. Whoever offers or pays any remuneration including any kickback, bribe, or rebate directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1-ASA1, s. 126 Section 126. 49.49 (3) of the statutes is amended to read:

AB1-ASA1,41,3 49.49 (3) Fraudulent certification of facilities. No person may knowingly and wilfully make or cause to be made, or induce or seek to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify either upon initial certification or upon recertification as a hospital, skilled nursing facility, intermediate care facility, or home health agency. Violators of A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1-ASA1, s. 127 Section 127. 49.49 (3m) (b) of the statutes is amended to read:

AB1-ASA1,41,8 49.49 (3m) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1-ASA1, s. 128 Section 128. 49.49 (4) (b) of the statutes is amended to read:

AB1-ASA1,41,13 49.49 (4) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1-ASA1, s. 128m Section 128m. 49.665 (4) (at) 1. b. of the statutes is amended to read:

AB1-ASA1,41,25 49.665 (4) (at) 1. b. The department may not lower the maximum income level for initial eligibility unless the department first submits to the joint committee on finance its plans a plan for lowering the maximum income level and the committee approves the plan. If, within 14 days after submitting the plan the date on which the plan is submitted to the joint committee on finance, the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department shall implement the plan is considered approved by the committee as proposed. If, within 14 days after the date on which the plan is submitted to the committee, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting to review the plan, the department may implement the plan only as approved by the committee.

AB1-ASA1, s. 128n Section 128n. 49.665 (4) (at) 1. cm. of the statutes is created to read:

AB1-ASA1,42,12 49.665 (4) (at) 1. cm. Notwithstanding s. 20.001 (3) (b), if, after reviewing the plan submitted under subd. 1. b., the joint committee on finance determines that the amounts appropriated under s. 20.435 (4) (bc), (jz), (p), and (x) are insufficient to accommodate the projected enrollment levels, the committee may transfer appropriated moneys from the general purpose revenue appropriation account of any state agency, as defined in s. 20.001 (1), other than a sum sufficient appropriation account, to the appropriation account under s. 20.435 (4) (bc) to supplement the health care program under this section if the committee finds that the transfer will eliminate unnecessary duplication of functions, result in more efficient and effective methods for performing programs, or more effectively carry out legislative intent, and that legislative intent will not be changed by the transfer.

AB1-ASA1, s. 128p Section 128p. 49.665 (5m) of the statutes is created to read:

AB1-ASA1,42,14 49.665 (5m) Information about badger care recipients. (a) In this subsection:

AB1-ASA1,42,15 1. "Disability insurance policy" has the meaning given in s. 632.895 (1) (a).

AB1-ASA1,42,16 2. "Insurer" has the meaning given in s. 600.03 (27).

AB1-ASA1,42,20 (b) An insurer that issues or delivers a disability insurance policy that provides coverage to a resident of this state shall provide to the department, upon the department's request, information contained in the insurer's records regarding all of the following:

AB1-ASA1,42,22 1. Information that the department needs to identify recipients of badger care who satisfy any of the following:

AB1-ASA1,42,23 a. Are eligible for benefits under a disability insurance policy.

AB1-ASA1,43,3 b. Would be eligible for benefits under a disability insurance policy if the recipient were enrolled as a dependent of a person insured under the disability insurance policy.

AB1-ASA1,43,5 2. Information required for submittal of claims under the insurer's disability insurance policy.

AB1-ASA1,43,6 3. The types of benefits provided by the disability insurance policy.

AB1-ASA1,43,9 (c) Upon requesting an insurer to provide the information under par. (b), the department shall enter into a written agreement with the insurer that satisfies all of the following:

AB1-ASA1,43,10 1. Identifies in detail the information to be disclosed.

AB1-ASA1,43,12 2. Includes provisions that adequately safeguard the confidentiality of the information to be disclosed.

AB1-ASA1,43,15 (d) 1. An insurer shall provide the information requested under par. (b) within 180 days after receiving the department's request if it is the first time that the department has requested the insurer to disclose information under this subsection.

AB1-ASA1,43,18 2. An insurer shall provide the information requested under par. (b) within 30 days after receiving the department's request if the department has previously requested the insurer to disclose information under this subsection.

AB1-ASA1,43,21 3. If an insurer fails to comply with subd. 1. or 2., the department may notify the commissioner of insurance, and the commissioner of insurance may initiate enforcement proceedings against the insurer under s. 601.41 (4) (a).

AB1-ASA1, s. 140p Section 140p. 49.688 (2) (a) 3. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,43,25 49.688 (2) (a) 3. The person is not a recipient of medical assistance or, as a recipient, does not receive prescription drug coverage.

AB1-ASA1, s. 140q Section 140q. 49.688 (3) (d) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,44,6 49.688 (3) (d) Notwithstanding s. 49.002, if a person who is eligible under this section has other available coverage for payment of a prescription drug, this section applies only to costs for prescription drugs for the persons person that are not covered under the person's other available coverage.

AB1-ASA1, s. 140r Section 140r. 49.688 (8m) of the statutes is created to read:

AB1-ASA1,44,8 49.688 (8m) (a) In this subsection:

AB1-ASA1,44,9 1. "Disability insurance policy" has the meaning given in s. 632.895 (1) (a).

AB1-ASA1,44,10 2. "Insurer" has the meaning given in s. 600.03 (27).

AB1-ASA1,44,14 (b) An insurer that issues or delivers a disability insurance policy that provides coverage to a resident of this state shall provide to the department, upon the department's request, information contained in the insurer's records regarding all of the following:

AB1-ASA1,44,16 1. Information that the department needs to identify eligible persons under this section who satisfy any of the following:

AB1-ASA1,44,17 a. Are eligible for benefits under a disability insurance policy.

AB1-ASA1,44,20 b. Would be eligible for benefits under a disability insurance policy if the eligible person were enrolled as a dependent of a person insured under the disability insurance policy.

AB1-ASA1,44,22 2. Information required for submittal of claims under the insurer's disability insurance policy.

AB1-ASA1,44,23 3. The types of benefits provided by the disability insurance policy.

AB1-ASA1,45,3 (c) Upon requesting an insurer to provide the information under par. (b), the department shall enter into a written agreement with the insurer that satisfies all of the following:

AB1-ASA1,45,4 1. Identifies in detail the information to be disclosed.

AB1-ASA1,45,6 2. Includes provisions that adequately safeguard the confidentiality of the information to be disclosed.

AB1-ASA1,45,9 (d) 1. An insurer shall provide the information requested under par. (b) within 180 days after receiving the department's request if it is the first time that the department has requested the insurer to disclose information under this subsection.

AB1-ASA1,45,12 2. An insurer shall provide the information requested under par. (b) within 30 days after receiving the department's request if the department has previously requested the insurer to disclose information under this subsection.

AB1-ASA1,45,15 3. If an insurer fails to comply with subd. 1. or 2., the department may notify the commissioner of insurance, and the commissioner of insurance may initiate enforcement proceedings against the insurer under s. 601.41 (4) (a).

AB1-ASA1, s. 141 Section 141. 49.688 (9) (b) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,45,22 49.688 (9) (b) A person who is convicted of violating a rule promulgated by the department under par. (a) in connection with that person's furnishing of prescription drugs under this section is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000, or imprisoned for not more than 7 years and 6 months, or both.

AB1-ASA1, s. 142 Section 142. 49.688 (9) (c) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,46,4 49.688 (9) (c) A person other than a person specified in par. (b) who is convicted of violating a rule promulgated by the department under par. (a) may be fined not more than $10,000, or imprisoned in the county jail for not more than one year, or both.

AB1-ASA1, s. 143 Section 143. 49.795 (8) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,46,9 49.795 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.

AB1-ASA1, s. 144 Section 144. 49.795 (8) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,46,15 49.795 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 145 Section 145. 49.795 (8) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,46,20 49.795 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.

AB1-ASA1, s. 146 Section 146. 49.95 (1) of the statutes is renumbered 49.95 (1) (intro.) and amended to read:

AB1-ASA1,46,25 49.95 (1) (intro.) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, wilfully makes any false representations may, if is subject to the following penalties:

AB1-ASA1,47,2 (a) If the value of the assistance so secured does not exceed $300, the person may be required to forfeit not more than $1,000; if.

AB1-ASA1,47,5 (b) If the value of the assistance exceeds $300 but does not exceed $1,000, the person may be fined not more than $250 or imprisoned for not more than 6 months or both; if.

AB1-ASA1,47,8 (c) If the value of the assistance exceeds $1,000 but does not exceed $2,500, $2,000, the person may be fined not more than $500 $10,000 or imprisoned for not more than 7 years and 6 9 months or both; and if.

AB1-ASA1,47,11 (d) If the value of the assistance exceeds $2,500, be punished as prescribed under s. 943.20 (3) (c) $2,000 but does not exceed $5,000, the person is guilty of a Class I felony.

AB1-ASA1, s. 147 Section 147. 49.95 (1) (e) and (f) of the statutes are created to read:

AB1-ASA1,47,14 49.95 (1) (e) If the value of the assistance exceeds $5,000 but does not exceed $10,000, the person is guilty of a Class H felony.

AB1-ASA1,47,16 (f) If the value of the assistance exceeds $10,000, the person is guilty of a Class G felony.

AB1-ASA1, s. 148 Section 148. 50.065 (1) (e) 1. of the statutes is amended to read:

AB1-ASA1,47,25 50.065 (1) (e) 1. "Serious crime" means a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 or 948.03 (2) (a), or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 940.19 (3), 1999 stats., or a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 or 948.03 (2) (a) if committed in this state.

AB1-ASA1, s. 149 Section 149. 51.15 (12) of the statutes is amended to read:

AB1-ASA1,48,5 51.15 (12) Penalty. Whoever signs a statement under sub. (4), (5) or (10) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 150 Section 150. 55.06 (11) (am) of the statutes is amended to read:

AB1-ASA1,48,10 55.06 (11) (am) Whoever signs a statement under par. (a) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 151 Section 151. 66.0143 of the statutes is created to read:

AB1-ASA1,48,13 66.0143 Local appeals for exemption from state mandates. (1) Definitions. In this section:

AB1-ASA1,48,14 (a) "Political subdivision" means a city, village, town, or county.

AB1-ASA1,48,17 (b) "State mandate" means a state law that requires a political subdivision to engage in an activity or provide a service, or to increase the level of its activities or services.

AB1-ASA1,48,20 (2) Appeals for exemptions. (a) A political subdivision may file a request with the department of revenue for a waiver from a state mandate, except for a state mandate that is related to any of the following:

AB1-ASA1,48,21 1. Health.

AB1-ASA1,48,22 2. Safety.

AB1-ASA1,48,24 (b) An administrative agency, or the department of revenue, may grant a political subdivision a waiver from a state mandate as provided in par. (c).

AB1-ASA1,49,8 (c) The political subdivision shall specify in its request for a waiver its reason for requesting the waiver. Upon receipt of a request for a waiver, the department of revenue shall forward the request to the administrative agency which is responsible for administrating the state mandate. The agency shall determine whether to grant the waiver and shall notify the political subdivision and the department of revenue of its decision in writing. If no agency is responsible for administrating the state mandate, the department of revenue shall determine whether to grant the waiver and shall notify the political subdivision of its decision in writing.

AB1-ASA1,49,12 (3) Duration of waivers. A waiver is effective for 4 years. The administrative agency may renew the waiver for additional 4-year periods. If a waiver is granted by the department of revenue, the department may renew the waiver under this subsection.

AB1-ASA1,49,18 (4) Evaluation. By July 1, 2004, the department of revenue shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3). The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request, and the financial effects on the political subdivision of each waiver that was granted.

AB1-ASA1, s. 152 Section 152. 66.0602 of the statutes is created to read:

AB1-ASA1,49,20 66.0602 Limit on operating levy increase. (1) Definitions. In this section:

AB1-ASA1,49,23 (a) "Debt levy" means the political subdivision levy for debt service on loans under subch. II of ch. 24, bonds issued under s. 67.05, and promissory notes issued under s. 67.12 (12), less any revenues that abate the levy.

AB1-ASA1,50,2 (b) "Inflation" means a percentage equal to the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on September 30 of the year of the operating levy.

AB1-ASA1,50,3 (c) "Municipality" means a city, village, or town.