Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,227,3 49.496 (3) (a) 3. Any medical assistance services that are required to be recovered under 42 USC 1396p.

SB55-SSA1-SA2, s. 1834k Section 1834k. 49.496 (3) (b) of the statutes is amended to read:

SB55-SSA1-SA2,227,7 49.496 (3) (b) A Notwithstanding par. (a), a claim under par. (a) is not allowable if the decedent has a surviving child who is under age 21 or disabled or a surviving spouse.".

SB55-SSA1-SA2,227,8 867. Page 646, line 22: after that line insert:

SB55-SSA1-SA2,227,9 " Section 1838gb. 49.688 of the statutes is created to read:

SB55-SSA1-SA2,227,11 49.688 Prescription drug assistance for elderly persons. (1) In this section:

SB55-SSA1-SA2,227,12 (a) "Generic name" has the meaning given in s. 450.12 (1) (b).

SB55-SSA1-SA2,227,14 (b) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under 42 USC 9902 (2).

SB55-SSA1-SA2,227,18 (c) "Prescription drug" means a prescription drug, as defined in s. 450.01 (20), that is included in the drugs specified under s. 49.46 (2) (b) 6. h. and that is manufactured by a drug manufacturer that enters into a rebate agreement in force under sub. (6).

SB55-SSA1-SA2,227,19 (d) "Prescription order" has the meaning given in s. 450.01 (21).

SB55-SSA1-SA2,227,23 (e) "Program payment rate" means the rate of payment made for the identical drug specified under s. 49.46 (2) (b) 6. h., plus 5%, plus a dispensing fee that is equal to the dispensing fee permitted to be charged for prescription drugs for which coverage is provided under s. 49.46 (2) (b) 6. h.

SB55-SSA1-SA2,228,2 (2) (a) A person to whom all of the following applies is eligible to purchase a prescription drug for the amounts specified in sub. (5) (a) 1. and 2.:

SB55-SSA1-SA2,228,3 1. The person is a resident, as defined in s. 27.01 (10) (a), of this state.

SB55-SSA1-SA2,228,4 2. The person is at least 65 years of age.

SB55-SSA1-SA2,228,5 3. The person is not a recipient of medical assistance.

SB55-SSA1-SA2,228,8 4. The person's annual household income, as determined by the department, does not exceed 300% of the federal poverty line for a family the size of the person's eligible family.

SB55-SSA1-SA2,228,9 5. The person pays the program enrollment fee specified in sub. (3) (a).

SB55-SSA1-SA2,228,16 (b) A person to whom par. (a) 1. to 3. and 5. applies, but whose annual household income, as determined by the department, exceeds 300% of the federal poverty line for a family the size of the persons' eligible family, is eligible to purchase a prescription drug at the amounts specified in sub. (5) (a) 4. only during the remaining amount of any 12-month period in which the person has first paid the annual deductible specified in sub. (3) (b) 2. a. in purchasing prescription drugs at the retail price and has then paid the annual deductible specified in sub. (3) (b) 2. b.

SB55-SSA1-SA2,228,17 (3) Program participants shall pay all of the following:

SB55-SSA1-SA2,228,18 (a) For each 12-month benefit period, a program enrollment fee of $20.

SB55-SSA1-SA2,228,22 (b) 1. For each 12-month benefit period, for a person specified in sub. (2) (a), a deductible for prescription drugs of $500, except that a person whose annual household income, as determined by the department, is 175% or less of the federal poverty line for a family the size of the person's eligible family pays no deductible.

SB55-SSA1-SA2,228,24 2. For each 12-month benefit period, for a person specified in sub. (2) (b), a deductible for prescription drugs that equals all of the following:

SB55-SSA1-SA2,229,2 a. The difference between the person's annual household income and 300% of the federal poverty line for a family the size of the person's eligible family.

SB55-SSA1-SA2,229,3 b. Five hundred dollars.

SB55-SSA1-SA2,229,5 (c) After payment of any applicable deductible under par. (b), all of the following:

SB55-SSA1-SA2,229,6 1. A copayment of $5 for each prescription drug that bears only a generic name.

SB55-SSA1-SA2,229,8 2. A copayment of $10 for each prescription drug that does not bear only a generic name.

SB55-SSA1-SA2,229,12 (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 that are not covered under the person's other available coverage.

SB55-SSA1-SA2,229,18 (4) The department shall devise and distribute a form for application for the program under sub. (2), shall determine eligibility for each 12-month benefit period of applicants and shall issue to eligible persons a prescription drug card for use in purchasing prescription drugs, as specified in sub. (5). The department shall promulgate rules that specify the criteria to be used to determine household income under sub. (2) (a) 4. and (b) and (3) (b) 1.

SB55-SSA1-SA2,229,23 (5) (a) Beginning September 1, 2002, as a condition of participation by a pharmacy or pharmacist in the program under s. 49.45, 49.46, or 49.47, the pharmacy or pharmacist may not charge a person who presents a valid prescription order and a card indicating that he or she meets eligibility requirements under sub. (2) an amount for a prescription drug under the order that exceeds the following:

SB55-SSA1-SA2,229,25 1. For a deductible, as specified in sub. (3) (b) 1. and 2. b., the program payment rate.

SB55-SSA1-SA2,230,3 2. After any applicable deductible under subd. 1. is charged, the copayment, as applicable, that is specified in sub. (3) (c) 1. or 2. No dispensing fee may be charged to a person under this subdivision.

SB55-SSA1-SA2,230,4 3. For a deductible, as specified in sub. (3) (b) 2. a., the retail price.

SB55-SSA1-SA2,230,7 4. After the deductible under subd. 3. is charged, the copayment, as applicable, that is specified in sub. (3) (c) 1. or 2. No dispensing fee may be charged to a person under this subdivision.

SB55-SSA1-SA2,230,11 (b) The department shall calculate and transmit to pharmacies and pharmacists that are certified providers of medical assistance amounts that may be used in calculating charges under par. (a). The department shall periodically update this information and transmit the updated amounts to pharmacies and pharmacists.

SB55-SSA1-SA2,230,17 (6) The department, or an entity with which the department contracts, shall provide to a drug manufacturer that sells drugs for prescribed use in this state documents designed for use by the manufacturer in entering into a rebate agreement with the department or entity that is modeled on the rebate agreement specified under 42 USC 1396r-8. A rebate agreement under this subsection shall include all of the following as requirements:

SB55-SSA1-SA2,230,23 (a) That the manufacturer shall make rebate payments for each prescription drug of the manufacturer that is prescribed for and purchased by persons who meet criteria under sub. (2) (a) and persons who meet criteria under sub. (2) (b) and have paid the deductible under sub. (3) (b) 2. a., to the state treasurer to be credited to the appropriation account under s. 20.435 (4) (j), each calendar quarter or according to a schedule established by the department.

SB55-SSA1-SA2,230,25 (b) That the amount of the rebate payment shall be determined by a method specified in 42 USC 1396r-8 (c).

SB55-SSA1-SA2,231,16 (7) From the appropriation accounts under s. 20.435 (4) (bv) and (j), beginning September 1, 2002, the department shall, under a schedule that is identical to that used by the department for payment of pharmacy provider claims under medical assistance, provide to pharmacies and pharmacists payments for prescription drugs sold by the pharmacies or pharmacists to persons eligible under sub. (2) who have paid the deductible specified under sub. (3) (b) 1. or 2. or who, under sub. (3) (b) 1., are not required to pay a deductible. The payment for each prescription drug under this subsection shall be at the program payment rate, minus any copayment paid by the person under sub. (5) (a) 2. or 4., and plus, if applicable, incentive payments that are similar to those provided under s. 49.45 (8v). The department shall devise and distribute a claim form for use by pharmacies and pharmacists under this subsection and may limit payment under this subsection to those prescription drugs for which payment claims are submitted by pharmacists or pharmacies directly to the department. The department may apply to the program under this section the same utilization and cost control procedures that apply under rules promulgated by the department to medical assistance under subch. IV of ch. 49.

SB55-SSA1-SA2,231,23 (8) The department shall, under methods promulgated by the department by rule, monitor compliance by pharmacies and pharmacists that are certified providers of medical assistance with the requirements of sub. (5) and shall annually report to the legislature under s. 13.172 (2) concerning the compliance. The report shall include information on any pharmacies or pharmacists that discontinue participation as certified providers of medical assistance and the reasons given for the discontinuance.

SB55-SSA1-SA2,231,25 (9) (a) The department shall promulgate rules relating to prohibitions on fraud that are substantially similar to applicable provisions under s. 49.49 (1) (a).

SB55-SSA1-SA2,232,4 (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 may be fined not more than $25,000, or imprisoned for not more than 7 years and 6 months, or both.

SB55-SSA1-SA2,232,7 (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 for not more than one year, or both.

SB55-SSA1-SA2,232,13 (10) If federal law is amended to provide coverage for prescription drugs for outpatient care as a benefit under medicare or to provide similar coverage under another program, the department shall submit to appropriate standing committees of the legislature under s. 13.172 (3) a report that contains an analysis of the differences between such a federal program and the program under this section and that provides recommendations concerning alignment, if any, of the differences.

SB55-SSA1-SA2,232,17 (11) Except as provided in subs. (8) to (10) and except for the department's rule-making requirements and authority, the department may enter into a contract with an entity to perform the duties and exercise the powers of the department under this section.".

SB55-SSA1-SA2,232,18 868. Page 656, line 10: after that line insert:

SB55-SSA1-SA2,232,19 " Section 1966v. 51.30 (4) (b) 10m. of the statutes is amended to read:

SB55-SSA1-SA2,232,24 51.30 (4) (b) 10m. To the department of justice or a district attorney under s. 980.015 (3) (b), if the treatment records are maintained by an agency with jurisdiction, as defined in s. 980.015 (1) 980.01 (1d), that has control or custody over a person who may meet the criteria for commitment as a sexually violent person under ch. 980.".

SB55-SSA1-SA2,233,1 869. Page 656, line 11: delete lines 11 to 22 and substitute:

SB55-SSA1-SA2,233,2 " Section 1968d. 51.42 (3) (ar) 4m. of the statutes is amended to read:

SB55-SSA1-SA2,233,9 51.42 (3) (ar) 4m. If state, federal, and county funding for alcohol and other drug abuse treatment services provided under subd. 4. are insufficient to meet the needs of all eligible individuals, ensure that first priority for services is given to pregnant women who suffer from alcoholism or alcohol abuse or are drug dependent and that second priority be given to individuals who are 20 years of age were eligible for the medical assistance program under s. 49.46 (1) (a) 5m. but became ineligible for the program solely because they attained the age of 20.

SB55-SSA1-SA2, s. 1968dh Section 1968dh. 51.42 (3) (ar) 4p. of the statutes is created to read:

SB55-SSA1-SA2,233,15 51.42 (3) (ar) 4p. If state, federal, and county funding for mental health services provided under subd. 4. are insufficient to meet the needs of all eligible individuals, ensure that first priority for services is given to individuals who are 20 years of age and were eligible for the medical assistance program under s. 49.46 (1) (a) 5m. but became ineligible for the program solely because they attained the age of 20.".

SB55-SSA1-SA2,233,16 870. Page 665, line 20: after that line insert:

SB55-SSA1-SA2,233,17 " Section 2001r. 59.52 (29) (c) of the statutes is created to read:

SB55-SSA1-SA2,233,21 59.52 (29) (c) If a county enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under par. (a), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-SA2, s. 2002j Section 2002j. 59.57 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,234,4 59.57 (1) (b) If a county with a population of 500,000 or more appropriates money under par. (a) to fund nonprofit agencies, the county shall have a goal of expending 20% of the money appropriated for this purpose to fund a nonprofit agency that is actively managed by minority group members, as defined in s. 560.036 (1) (f), a minority business certified by the department of commerce under s. 560.036 (2) and that principally serves minority group members.".

SB55-SSA1-SA2,234,5 871. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,234,6 " Section 2003t. 60.61 (2) (j) of the statutes is created to read:

SB55-SSA1-SA2,234,7 60.61 (2) (j) Authorize burials under s. 157.066.

SB55-SSA1-SA2, s. 2003x Section 2003x. 62.23 (7) (c) of the statutes is amended to read:

SB55-SSA1-SA2,234,21 62.23 (7) (c) Purposes in view. Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to encourage the protection of groundwater resources; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to authorize burials if an ordinance is enacted under s. 157.066; and to preserve burial sites, as defined in s. 157.70 (1) (b). Such regulations shall be made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city.".

SB55-SSA1-SA2,234,22 872. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,234,23 " Section 2003s. 60.23 (32) of the statutes is created to read:

SB55-SSA1-SA2,235,5 60.23 (32) Town tax increment powers. If the town is located in a county which does not have any cities or villages, exercise all powers of cities under s. 66.1105. If the town board exercises the powers of a city under s. 66.1105, it is subject to the same duties as a common council under s. 66.1105 and the town is subject to the same duties and liabilities as a city under s. 66.1105.".

SB55-SSA1-SA2,235,6 873. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,235,7 " Section 2003t. 60.47 (7) of the statutes is created to read:

SB55-SSA1-SA2,235,12 60.47 (7) Minority contracting. If a town board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under subs. (2) and (3), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-SA2, s. 2003up Section 2003up. 61.55 of the statutes is renumbered 61.55 (1) and amended to read:

SB55-SSA1-SA2,235,20 61.55 (1) All contracts for public construction, in any such village, exceeding $15,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.0901 insofar as said that section may be is applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $15,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

SB55-SSA1-SA2,236,4 (2) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers, and this provision and s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

SB55-SSA1-SA2, s. 2003uq Section 2003uq. 61.55 (3) of the statutes is created to read:

SB55-SSA1-SA2,236,9 61.55 (3) If a village board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under sub. (1), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-SA2, s. 2003vp Section 2003vp. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended to read:

SB55-SSA1-SA2,236,18 62.15 (1) Contracts; how let; exception for donated materials and labor. (a) All public construction, the estimated cost of which exceeds $15,000, shall be let by contract to the lowest responsible bidder; all. All other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $15,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

SB55-SSA1-SA2,236,23 (b) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

SB55-SSA1-SA2, s. 2003vq Section 2003vq. 62.15 (1) (c) of the statutes is created to read:

SB55-SSA1-SA2,237,4 62.15 (1) (c) If a council enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under par. (a), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-SA2,237,5 874. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,237,6 " Section 2003v. 60.24 (3) (a) of the statutes is amended to read:

SB55-SSA1-SA2,237,10 60.24 (3) (a) Nominate individuals for service as election officials to the town board whenever the town board disapproves the nominee of a party committee under s. 7.30 (4) and the names of additional nominees are not available or whenever the town board determines to appoint reserve inspectors under s. 7.30 (1).".

SB55-SSA1-SA2,237,11 875. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,237,12 " Section 2003v. 62.13 (5) (c) of the statutes is amended to read:

SB55-SSA1-SA2,237,20 62.13 (5) (c) A subordinate may be suspended for just cause, as described in par. (em), by the chief or the board as a penalty. The chief shall file a report of such the suspension with the commission immediately upon issuing the suspension. No hearing on such the suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the chief requests a hearing before the board or before an arbitrator appointed by the Wisconsin employment relations commission, the chief shall be required to file the charges with the board or arbitrator upon which such suspension was based.

SB55-SSA1-SA2, s. 2003vb Section 2003vb. 62.13 (5) (d) of the statutes is amended to read:

SB55-SSA1-SA2,238,6 62.13 (5) (d) Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The board shall set date for hearing not less than 10 days nor more than 30 days following service of charges. The hearing on the charges shall be public, and both the accused and the complainant may be represented by an attorney and may compel the attendance of witnesses by subpoenas which shall be issued by the president of the board on request and be served as are subpoenas under ch. 885. The board or arbitrator shall render a final decision on the charges no later than 180 days after the date on which the hearing commences.

SB55-SSA1-SA2, s. 2003vd Section 2003vd. 62.13 (5) (e) of the statutes is amended to read:

SB55-SSA1-SA2,238,12 62.13 (5) (e) If the board determines that the charges are not sustained, the accused, if suspended, shall be immediately reinstated and all lost pay restored. If the board determines that the charges are sustained, the accused, by order of the board, may be suspended or reduced in rank, or suspended and reduced in rank, or removed, as the good of the service may require.