Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,1038,22 1663. Page 1332, line 3: after that line insert:

SB55-SSA1-CA1,1039,4 "(6e) Report regarding gender-specific treatment program. The department of corrections and the department of health and family services shall jointly prepare a report that includes a program plan regarding the gender-specific treatment program required under section 301.03 (25) of the statutes, as created by this act, and shall submit the report to the legislature under section 13.172 (2) of the statutes by July 1, 2002.".

SB55-SSA1-CA1,1039,5 1664. Page 1332, line 3: after that line insert:

SB55-SSA1-CA1,1039,10 "(7d) Report regarding services for alcohol and other drug abuse based on gender. The department of corrections shall submit a report to the joint committee on finance no later than 6 months after the effective date of this subsection comparing the evaluation and treatment services for alcohol and other drug abuse that it provides to women to those that it provides to men.".

SB55-SSA1-CA1,1039,11 1665. Page 1332, line 3: after that line insert:

SB55-SSA1-CA1,1039,19 "(9q) Carrying costs for the correctional facility at Stanley. Of the amount appropriated under section 20.410 (1) (a) of the statutes, the department of corrections shall pay the owners of the correctional facility at Stanley $650,000 per month for carrying costs for the period beginning on July 1, 2001, and ending on the earlier of October 31, 2001, or the date on which the building commission purchases the correctional facility. If the building commission purchases the correctional facility before October 31, 2001, the carrying costs for the month in which the purchase takes place shall be prorated.".

SB55-SSA1-CA1,1039,20 1666. Page 1332, line 3: after that line insert:

SB55-SSA1-CA1,1040,2 "(6d) Placement of persons under 18 years of age in maximum security prison located near Boscobel. If on the effective date of this subsection any person under 18 years of age is incarcerated in the correctional institution authorized under section 301.16 (1n) of the statutes, the department of corrections shall transfer that person out of that correctional institution within 30 days after the effective date of this subsection.".

SB55-SSA1-CA1,1040,3 1667. Page 1332, line 3: after that line insert:

SB55-SSA1-CA1,1040,4 "(6c) Juvenile justice system study.

SB55-SSA1-CA1,1040,11 (a) There is created a committee to study the costs of the state assuming from the counties responsibility for the operation of the juvenile justice system. The committee shall consist of the secretary of administration or the secretary's designee, the secretary of corrections or the secretary's designee, the secretary of health and family services or the secretary's designee, a representative of the Wisconsin Counties Association, and a representative of Milwaukee County, with the governor to appoint the chairperson of the committee.

SB55-SSA1-CA1,1040,16 (b) Beginning on January 1, 2002, each county shall adopt a uniform system of accounts prescribed by the committee for the recording of all revenues and expenditures relating to the operation of the juvenile justice system in the county. By March 15, 2003, each county shall report those revenues and expenditures for 2002 to the committee.

SB55-SSA1-CA1,1040,20 (c) By May 1, 2003, the committee shall report its findings, conclusions, and recommendations to the legislature in the manner provided in section 13.172 (2) of the statutes and to the governor. The report shall include proposed legislation for all of the following:

SB55-SSA1-CA1,1040,22 1. The assumption by the state of all or part of the operating costs of the juvenile justice system, beginning on January 1, 2004.

SB55-SSA1-CA1,1041,4 2. The elimination of youth aids payments to counties under section 301.26 of the statutes, as affected by this act, and a reduction in the amount of shared revenue payments and mandate relief payments to counties under sections 79.03, 79.058, 79.06, and 79.08 of the statutes and under section 79.04 of the statutes, as affected by this act, as a result of the state's assumption of the costs of operating the juvenile justice system.".

SB55-SSA1-CA1,1041,5 1668. Page 1332, line 5: after that line insert:

SB55-SSA1-CA1,1041,13 "(1q) District attorney position reallocations. Notwithstanding sections 978.03 and 978.04 of the statutes, effective January 1, 2002, the department of administration shall reduce Rock County's allocation of FTE PR assistant district attorney positions funded from the appropriation account under section 20.475 (1) (g) of the statutes, as created by this act, by 0.25 position and shall increase Ashland County's allocation of FTE PR assistant district attorney positions funded from the appropriation account under section 20.475 (1) (g) of the statutes, as created by this act, by 0.25 position.".

SB55-SSA1-CA1,1041,14 1669. Page 1332, line 5: after that line insert:

SB55-SSA1-CA1,1041,22 "(2m) Assistant district attorneys for restorative justice services. The authorized FTE positions for district attorneys are increased by 2.0 PR project positions for the period beginning on July 1, 2001, and ending on June 30, 2005, to be funded from the appropriation under section 20.475 (1) (k) of the statutes, for the purpose of providing one assistant district attorney for Milwaukee County and one assistant district attorney for the county selected under section 978.044 (4) of the statutes, as created by this act, to perform restorative justice services under section 978.044 of the statutes, as created by this act.".

SB55-SSA1-CA1,1041,23 1670. Page 1332, line 8: after that line insert:

SB55-SSA1-CA1,1042,7 "(1x) Sublease of electronic voting equipment. The elections board shall make the payments required under the master lease for electronic voting system equipment entered into under Section 9101 (20x) of this act and shall sublease the equipment to any county in which municipalities using that equipment are wholly or partly contained at nominal cost to the county. The elections board shall make the payments required under this subsection from the appropriation under section 20.510 (1) (c) of the statutes, as created by this act.".

SB55-SSA1-CA1,1042,8 1671. Page 1333, line 4: after that line insert:

SB55-SSA1-CA1,1042,19 "(1d) Emergency rules; rental-purchase companies. Using the procedure under section 227.24 of the statutes, the division of banking may promulgate rules authorized under section 218.63 (3) of the statutes, as created by this act, prescribing the fees under sections 218.618 (2), 218.622 (4), and 218.626 (1) of the statutes, as created by this act, for the period before the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the division of banking is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.".

SB55-SSA1-CA1,1042,20 1672. Page 1334, line 7: after that line insert:

SB55-SSA1-CA1,1043,8 "(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.".

SB55-SSA1-CA1,1043,9 1673. Page 1335, line 7: after "to" insert "attempt to".

SB55-SSA1-CA1,1043,10 1674. Page 1335, line 11: delete lines 11 to 17 and substitute:

SB55-SSA1-CA1,1043,11 "(8kk) Study of vital records on-line electronic filing system.

SB55-SSA1-CA1,1043,19 (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:

SB55-SSA1-CA1,1043,20 1. The state registrar of vital statistics.

SB55-SSA1-CA1,1043,24 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.

SB55-SSA1-CA1,1044,1 3. Three representatives of the department of health and family services.

SB55-SSA1-CA1,1044,2 4. One genealogist.

SB55-SSA1-CA1,1044,4 (b) By July 1, 2002, the committee appointed under paragraph (a) shall develop an outline of its proposals.

SB55-SSA1-CA1,1044,10 (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.".

SB55-SSA1-CA1,1044,16 1675. Page 1336, line 2: delete lines 2 to 4 and substitute "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".

SB55-SSA1-CA1,1044,19 1676. Page 1336, line 12: after "administration." insert "The department of health and family services may propose expending or encumbering no more than $2,933,700 under this subsection.".

SB55-SSA1-CA1,1044,20 1677. Page 1336, line 23: after that line insert:

SB55-SSA1-CA1,1045,2 "(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.".

SB55-SSA1-CA1,1045,3 1678. Page 1337, line 15: delete "2002" and substitute "2003".

SB55-SSA1-CA1,1045,4 1679. Page 1338, line 2: after that line insert:

SB55-SSA1-CA1,1045,10 "(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.".

SB55-SSA1-CA1,1045,11 1680. Page 1338, line 20: after that line insert:

SB55-SSA1-CA1,1045,18 "(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-SSA1-CA1,1045,24 (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-SSA1-CA1,1046,6 (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-SSA1-CA1,1046,14 (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-SSA1-CA1,1046,19 (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-SSA1-CA1,1046,20 (16rs) Pilot program for long-term care of children with disabilities.

SB55-SSA1-CA1,1046,21 (a) In this subsection:

SB55-SSA1-CA1,1046,24 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-SSA1-CA1,1047,2 2. "Program" means a pilot program that provides a system of long-term care for children with disabilities and their families.

SB55-SSA1-CA1,1047,7 (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-SSA1-CA1,1047,13 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-SSA1-CA1,1047,15 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-SSA1-CA1,1047,19 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-SSA1-CA1,1047,22 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-SSA1-CA1,1047,23 5. The lead agency for the program shall be an administering agency.

SB55-SSA1-CA1,1048,3 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-SSA1-CA1,1048,5 7. Information and assistance services operated under the program shall provide, contract, or arrange for the provision of all of the following:

SB55-SSA1-CA1,1048,7 a. Information and referral services and other assistance at hours that are convenient for the public.

SB55-SSA1-CA1,1048,8 b. Within the limits of available funding, prevention and intervention services.

SB55-SSA1-CA1,1048,9 c. Counseling concerning public and private benefits programs.

SB55-SSA1-CA1,1048,11 d. Assistance with understanding rights of children and parents within the long-term care system.

SB55-SSA1-CA1,1048,14 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-SSA1-CA1,1048,16 a. A determination of functional eligibility for the children's long-term support benefit.

SB55-SSA1-CA1,1048,19 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-SSA1-CA1,1048,22 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-SSA1-CA1,1048,24 d. Assistance in enrolling in the program, for families who choose to enroll their children.

SB55-SSA1-CA1,1049,2 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-SSA1-CA1,1049,5 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-SSA1-CA1,1049,7 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-SSA1-CA1,1049,9 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-SSA1-CA1,1049,13 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-SSA1-CA1,1049,16 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-SSA1-CA1,1049,20 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-SSA1-CA1,1050,3 (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-SSA1-CA1,1050,4 1681. Page 1338, line 20: after that line insert:

SB55-SSA1-CA1,1050,8 "(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-SSA1-CA1,1050,9 1682. Page 1338, line 20: after that line insert:

SB55-SSA1-CA1,1051,6 "(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-SSA1-CA1,1051,7 1683. Page 1338, line 20: after that line insert:

SB55-SSA1-CA1,1051,11 "(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-SSA1-CA1,1051,12 1684. Page 1338, line 20: after that line insert:

SB55-SSA1-CA1,1051,17 "(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-SSA1-CA1,1051,18 1685. Page 1338, line 20: after that line insert:

SB55-SSA1-CA1,1052,2 "(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-SSA1-CA1,1052,3 1686. Page 1338, line 20: after that line insert:

SB55-SSA1-CA1,1052,9 "(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.