Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1413,8 (17h) Badger care health care program waiver; eligibility. Not later than January 1, 2002, the department of health and family services shall request a waiver from the federal secretary of health and human services to increase the period of time that a family, or a child who does not reside with a parent, is required to be without employer-subsidized health care coverage before the family or child is eligible for the badger care health care program under section 49.665 of the statutes, as affected by this act. The waiver shall request that the period of time be increased to all of the following:

SB55-ASA1-AA1,1413,10 (a) Except as provided in paragraphs (), (), and ( ), 6 months.

SB55-ASA1-AA1,1413,16 (b) If the family or child had employer-subsidized health care coverage during the 6 months immediately preceding the date on which the family or child applies for the badger care health care program, but the family or child no longer has the health care coverage because the coverage was terminated, and the termination was not the fault of the family or child, as determined by the department of heath and family services, 45 days.

SB55-ASA1-AA1,1413,22 (c) If the family or child had employer-subsidized health care coverage during the 6 months immediately preceding the date on which the family or child applies for the badger care health care program, but the family or child no longer has the health care coverage because the family or child has exhausted the health care coverage available under 42 USC 300bb-1 to 300bb-8 as provided in 29 CFR 2590.701-2 (4), at least 3 months.

SB55-ASA1-AA1,1414,2 (d) If the family or child had employer-subsidized health care coverage during the 6 months immediately preceding the date on which the family or child applies for the badger care health care program, but the family or child no longer has that health care coverage because of the termination of employment, at least 3 months.".

SB55-ASA1-AA1,1414,3 1924. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1414,18 "(19g) Comprehensive quality assessment pilot project. By January 1, 2002, the department of health and family services shall submit for review by the appropriate standing committees of each house of the legislature, as determined by the presiding officer of each house, a request to the federal department of health and human services for a waiver, under 42 USC 1315 (a), of federal medical assistance laws to permit nursing facilities, as approved by the department of health and family services, to participate in the counties of Brown, Grant, Polk, and Waukesha in a pilot project under section 49.4981 of the statutes, as created by this act, under which comprehensive assessments of the quality of care provided to residents of the nursing facilities that are conducted by a private entity would, if approved by the department of health and family services, be used in lieu of annual surveys conducted by the department. The department of health and family services may not submit the request for a waiver, as specified in this subsection, to the federal department of health and human services unless the request is approved by the appropriate standing committees of the legislature that review the request.".

SB55-ASA1-AA1,1414,19 1925. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1415,2 "(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:

SB55-ASA1-AA1,1415,8 (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.

SB55-ASA1-AA1,1415,14 (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.

SB55-ASA1-AA1,1415,22 (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).

SB55-ASA1-AA1,1416,2 (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.

SB55-ASA1-AA1,1416,3 (16rs) Pilot program for long-term care of children with disabilities.

SB55-ASA1-AA1,1416,4 (a) In this subsection:

SB55-ASA1-AA1,1416,7 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.

SB55-ASA1-AA1,1416,9 2. "Program" means a pilot program that provides a system of long-term care for children with disabilities and their families.

SB55-ASA1-AA1,1416,14 (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:

SB55-ASA1-AA1,1416,20 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.

SB55-ASA1-AA1,1416,22 2. The administration of the program shall be consistent with section 46.985 of the statutes, including a family-centered assessment and planning process.

SB55-ASA1-AA1,1417,2 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.

SB55-ASA1-AA1,1417,5 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.

SB55-ASA1-AA1,1417,6 5. The lead agency for the program shall be an administering agency.

SB55-ASA1-AA1,1417,9 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.

SB55-ASA1-AA1,1417,11 7. Information and assistance services operated under the program shall provide, contract, or arrange for the provision of all of the following:

SB55-ASA1-AA1,1417,13 a. Information and referral services and other assistance at hours that are convenient for the public.

SB55-ASA1-AA1,1417,14 b. Within the limits of available funding, prevention and intervention services.

SB55-ASA1-AA1,1417,15 c. Counseling concerning public and private benefits programs.

SB55-ASA1-AA1,1417,17 d. Assistance with understanding rights of children and parents within the long-term care system.

SB55-ASA1-AA1,1417,20 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:

SB55-ASA1-AA1,1417,22 a. A determination of functional eligibility for the children's long-term support benefit.

SB55-ASA1-AA1,1417,25 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.

SB55-ASA1-AA1,1418,3 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.

SB55-ASA1-AA1,1418,5 d. Assistance in enrolling in the program, for families who choose to enroll their children.

SB55-ASA1-AA1,1418,7 9. The cost of the program may not exceed the cost of existing services under sections 46.27 (11), 46.275, 46.277, 46.278, 46.985, and 51.44 of the statutes.

SB55-ASA1-AA1,1418,10 10. The program shall blend the costs per child served in the areas of the sites in which services are provided under sections 46.27 (11), 46.275, 46.277, 46.278, 46.985, and 51.44 of the statutes.

SB55-ASA1-AA1,1418,12 11. The department of health and family services may develop a methodology to distribute funding under the program on a per child per month basis.

SB55-ASA1-AA1,1418,14 12. The department of health and family services shall reinvest into the children's long-term support system any funding saved by this new methodology.

SB55-ASA1-AA1,1418,18 13. The department of health and family services shall equitably assign priority on any necessary waiting lists, consistent with criteria prescribed by that department, for children who are eligible for the program, but for whom resources are not available.

SB55-ASA1-AA1,1418,21 14. The department of health and family services shall provide transitional services to families whose children with physical or developmental disabilities are preparing to enter the adult service system.

SB55-ASA1-AA1,1418,25 15. The department of health and family services shall determine eligibility for program applicants for state supplemental payments under section 49.77 of the statutes, medical assistance under section 49.46 of the statutes, and the federal food stamp program under 7 USC 2011 to 2029.

SB55-ASA1-AA1,1419,8 (c) If the federal waivers specified under paragraph (b) are approved, the department of health and family services shall, as soon as possible before July 1, 2002, seek enactment of statutory language, including appropriation of necessary funding, to implement the model described under paragraph (b), as approved under the federal waivers. Any new resources for supports and services for long-term care for children with disabilities and their families shall be managed under the program after approval of the federal waivers specified in paragraph (b) and enactment of necessary statutory language to implement the model under paragraph (b).".

SB55-ASA1-AA1,1419,9 1926. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1419,13 "(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.".

SB55-ASA1-AA1,1419,14 1927. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1420,16 "(10q) 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 under section 20.865 (4) of the statutes to the appropriation 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 under section 20.865 (4) 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.".

SB55-ASA1-AA1,1420,17 1928. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1421,14 "(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.".

SB55-ASA1-AA1,1421,15 1929. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1421,19 "(18f) Respite facilities; rules. The department of health and family services shall submit in proposed form the rules required under section 50.85 (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than October 31, 2002.".

SB55-ASA1-AA1,1421,20 1930. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1422,2 "(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.".

SB55-ASA1-AA1,1422,3 1931. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1422,11 "(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.".

SB55-ASA1-AA1,1422,12 1932. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1422,18 "(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.

SB55-ASA1-AA1,1423,2 (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.".

SB55-ASA1-AA1,1423,3 1933. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1423,10 "(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.".

SB55-ASA1-AA1,1423,11 1934. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1423,12 "(14k) Immunization registry.

SB55-ASA1-AA1,1423,23 (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.

SB55-ASA1-AA1,1424,14 (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.

SB55-ASA1-AA1,1424,17 (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.

SB55-ASA1-AA1,1424,19 (14L) Winnebago Mental Health Institute and Mendota Mental Health Institute position authorizations.

SB55-ASA1-AA1,1424,23 (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.

SB55-ASA1-AA1,1425,3 (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.".

SB55-ASA1-AA1,1425,4 1935. Page 1338, line 22: after that line insert:

SB55-ASA1-AA1,1425,11 "(1z) Report on student loan forgiveness to attract workers. By January 1, 2002, the higher educational aids board shall study and report to the legislature and to the appropriate standing committees of the legislature, in the manner provided under section 13.172 (2) and (3) of the statutes, and to the governor on the cost, desirability, and effectiveness of creating a general program of student loan forgiveness for attracting workers to and retaining workers in this state. The report shall include legislative recommendations.".

SB55-ASA1-AA1,1425,12 1936. Page 1338, line 24: delete "(1)mk)" and substitute "(1mk)".

SB55-ASA1-AA1,1425,13 1937. Page 1340, line 17: after that line insert:

SB55-ASA1-AA1,1425,24 "(1x) Voting system transitional assistance. Notwithstanding section 13.101 (3) (a) of the statutes, if the elections board requests a supplemental appropriation from the joint committee on finance for the purpose of providing voting system transitional assistance under section 7.08 (7) of the statutes, as created by this act, or Section 9115 (1x) of this act, no finding of emergency is required. Notwithstanding sections 13.10 and 13.101 (3) of the statutes, if the elections board requests a supplemental appropriation under this subsection, and the cochairpersons of the joint committee on finance do not notify the elections board that a meeting of the committee has been scheduled to discuss the request within 14 working days of the date that the request is made, the request is considered to be approved by the committee.".

SB55-ASA1-AA1,1426,1 1938. Page 1340, line 19: after that line insert:

SB55-ASA1-AA1,1426,5 "(1w) Minority business grant repayment. The attorney general shall vigorously prosecute and pursue the repayment of a loan for a trade mission to Africa made from the minority business development finance and education and training grants program under section 560.837 of the statutes.".

SB55-ASA1-AA1,1426,6 1939. Page 1340, line 19: after that line insert:

SB55-ASA1-AA1,1426,8 "(1q) Transfer of department of justice consumer protection legal services to the department of agriculture, trade and consumer protection.

SB55-ASA1-AA1,1426,13 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of justice that are primarily related to the provision of consumer protection legal services, as determined by the secretary of administration, shall become the assets and liabilities of the department of agriculture, trade and consumer protection.

SB55-ASA1-AA1,1426,17 (b) Position decreases. The authorized FTE positions for the department of justice are decreased by 9.30 GPR positions, funded from the appropriation under section 20.455 (1) (a) of the statutes, for the performance of duties primarily related to consumer protection legal services.

SB55-ASA1-AA1,1426,21 (c) Employee transfers. There are transferred from the department of justice to the department of agriculture, trade and consumer protection 9.30 FTE incumbent employees holding positions in the department of justice performing duties primarily related to consumer protection legal services.

SB55-ASA1-AA1,1427,3 (d) Employee status. Employees transferred under paragraph (c) have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of agriculture, trade and consumer protection that they enjoyed in the department of justice immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB55-ASA1-AA1,1427,8 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of justice that is primarily related to the provision of consumer protection legal services, as determined by the secretary of administration, shall be transferred to the department of agriculture, trade and consumer protection.

SB55-ASA1-AA1,1427,16 (f) Contracts. All contracts entered into by the department of justice in effect on the effective date of this paragraph that are primarily related to the provision of consumer protection legal services, as determined by the secretary of administration, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any such contractual obligations unless modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

SB55-ASA1-AA1,1428,2 (g) Rules and orders. All rules promulgated by the department of justice that are primarily related to the provision of consumer protection legal services, as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of agriculture, trade and consumer protection. All orders issued by the department of justice that are primarily related to the provision of consumer protection legal services, as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of agriculture, trade and consumer protection.

SB55-ASA1-AA1,1428,9 (h) Pending matters. Any matter pending with the department of justice on the effective date of this paragraph that is primarily related to the provision of consumer protection legal services, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the department of justice with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.".

SB55-ASA1-AA1,1428,10 1940. Page 1341, line 9: after that line insert:

SB55-ASA1-AA1,1428,12 "(1k) High-capacity well study. The joint legislative council shall study the issues raised by high-capacity wells in this state.".

SB55-ASA1-AA1,1428,13 1941. Page 1343, line 5: after that line insert:

SB55-ASA1-AA1,1428,20 "(3y) Audit of state aircraft usage. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of aircraft usage by state agencies. If the legislative audit bureau performs the audit, the bureau is requested to include an evaluation of whether the current number of aircraft owned by the state is appropriate. If the legislative audit bureau performs the audit, it shall file its report as described under section 13.94 (1) (b) of the statutes by January 1, 2003.".