SB44-SSA1,1057,9
9(1)
Abolition of department of electronic government.
SB44-SSA1,1057,13
10(a) Assets and liabilities. Except as provided in
Section 9215 (1) of this act, on
11the effective date of this paragraph, the assets and liabilities of the department of
12electronic government shall become assets and liabilities of the department of
13administration.
SB44-SSA1,1057,14
14(b) Positions and employees.
SB44-SSA1,1057,19
151
. On the effective date of this subdivision, all full-time equivalent positions
16in the department of electronic government, except the positions occupied by the
17secretary, the deputy secretary, the executive assistant, and 2 division administrator
18positions determined by the secretary of administration, are transferred to the
19department of administration.
SB44-SSA1,1057,22
202
. All incumbent employees holding positions that are transferred under
21subdivision 1. are transferred on the effective date of this subdivision to the
22department of administration.
SB44-SSA1,1058,4
233. Employees transferred under subdivision 2
. have all of the rights and the
24same status under subch. V of ch. 111 and chapter 230 of the statutes in the
1department of administration that they enjoyed in the department of electronic
2government immediately before the transfer. Notwithstanding section 230.28 (4) of
3the statutes, no employee so transferred who has attained permanent status in class
4is required to serve a probationary period.
SB44-SSA1,1058,7
5(c) Tangible personal property. On the effective date of this paragraph, all
6tangible personal property, including records, of the department of electronic
7government is transferred to the department of administration.
SB44-SSA1,1058,13
8(d) Contracts. All contracts entered into by the department of electronic
9government that are in effect on the effective date of this paragraph remain in effect
10and are transferred to the department of administration. The department of
11administration shall carry out any contractual obligations under such a contract
12until the contract is modified or rescinded by the department of administration to the
13extent allowed under the contract.
SB44-SSA1,1058,20
14(e) Rules and orders. All rules promulgated by the department of electronic
15government that are in effect on the effective date of this paragraph remain in effect
16until their specified expiration dates or until amended or repealed by the department
17of administration. All orders issued by the department of electronic government that
18are in effect on the effective date of this paragraph remain in effect until their
19specified expiration dates or until modified or rescinded by the department of
20administration.
SB44-SSA1,1058,25
21(f) Pending matters. Any matter pending with the department of electronic
22government on the effective date of this paragraph is transferred to the department
23of administration, and all materials submitted to or actions taken by the department
24of electronic government with respect to the pending matter are considered as having
25been submitted to or taken by the department of administration.
SB44-SSA1,1059,11
1(2)
Funding of operations and programs at the department of electronic
2government. Notwithstanding the requirement under section 20.001 (3) (a) of the
3statutes that annual appropriations are expendable only up to the amount shown in
4the schedule and only for the fiscal year for which made, during the period that
5begins on the effective date of this subsection and ends on the 30th day after the
6effective date of this subsection, the annual appropriations to the department of
7electronic government under section 20.530 of the statutes provided for the 2002-03
8fiscal year shall remain in effect until the 30th day after the effective date of this
9subsection, except that the department of electronic government may not expend or
10encumber more than one-twelfth of the amounts appropriated for the 2002-03 fiscal
11year from each appropriation.
SB44-SSA1, s. 9117
13Section 9117.
Nonstatutory provisions; employment relations
commission.
SB44-SSA1, s. 9118
14Section 9118.
Nonstatutory provisions; employment relations
department.
SB44-SSA1,1059,15
15(1b)
Office of state human resources management.
SB44-SSA1,1059,1816
(a)
Assets and liabilities. On the effective date of this paragraph, all assets and
17liabilities of the department of employment relations shall become the assets and
18liabilities of the office of state human resources management.
SB44-SSA1,1059,2119
(b)
Tangible personal property. On the effective date of this paragraph, all
20tangible personal property, including records, of the department of employment
21relations is transferred to the office of state human resources management.
SB44-SSA1,1060,422
(c)
Contracts. All contracts entered into by the department of employment
23relations that are in effect on the effective date of this paragraph remain in effect and
1are transferred to the office of state human resources management. The office of
2state human resources management shall carry out any obligations under such a
3contract until the contract is modified or rescinded by the office of state human
4resources management to the extent allowed under the contract.
SB44-SSA1,1060,195
(d)
Employee transfers and status; position conversion. On the effective date
6of this paragraph, all incumbent employees holding classified positions in the
7department of employment relations are transferred to the office of state human
8resources management. Employees transferred under this paragraph have all of the
9rights and the same status under subchapter V of chapter 111 and chapter 230 of the
10statutes in the office of state human resources management that they enjoyed in the
11department of employment relations immediately before the transfer.
12Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who
13has attained permanent status in class may be required to serve a probationary
14period. Notwithstanding section 16.505 (1) of the statutes, the director of the office
15of state human resources management may, during the 2003-05 fiscal biennium,
16delete one vacant classified position authorized for the office and thereafter create
17one unclassified position in the office for the purpose of employing the executive
18assistant authorized under section 230.08 (2) (ya) of the statutes, as created by this
19act.
SB44-SSA1,1061,220
(e)
Rules and orders. All rules promulgated by the department of employment
21relations that are in effect on the effective date of this paragraph remain in effect
22until their specified expiration dates or until amended or repealed by the office of
23state human resources management. All orders issued by the department of
24employment relations that are in effect on the effective date of this paragraph remain
1in effect until their specified expiration dates or until modified or rescinded by the
2office of state human resources management.
SB44-SSA1,1061,83
(f)
Pending matters. Any matter pending with the department of employment
4relations on the effective date of this paragraph is transferred to the office of state
5human resources management and all materials submitted to or actions taken by the
6department of employment relations with respect to the pending matter are
7considered as having been submitted to or taken by the office of state human
8resources management.
SB44-SSA1,1061,19
9(2)
Funding of operations and programs at the department of employment
10relations. Notwithstanding the requirement under section 20.001 (3) (a) of the
11statutes that annual appropriations are expendable only up to the amount shown in
12the schedule and only for the fiscal year for which made, during the period that
13begins on the effective date of this subsection and ends on the 30th day after the
14effective date of this subsection, the annual appropriations to the department of
15employment relations under section 20.512 of the statutes provided for the 2002-03
16fiscal year shall remain in effect until the 30th day after the effective date of this
17subsection, except that the department of employment relations may not expend or
18encumber more than one-twelfth of the amounts appropriated for the 2002-03 fiscal
19year from each appropriation.
SB44-SSA1,1062,322
(1)
Limited liability company annual reports. Notwithstanding section
23183.0120 (3) of the statutes, as affected by this act, a domestic limited liability
24company in existence on the effective date of this subsection shall deliver its initial
25annual report under section 183.0120 of the statutes to the department of financial
1institutions during the calendar quarter occurring in 2004 during which the
2anniversary of the effective date of the limited liability company's articles of
3organization under section 183.0111 of the statutes occurs.
SB44-SSA1,1062,4
4(2)
Review board transitional provisions.
SB44-SSA1,1062,95
(a)
Current members of savings bank review board and savings and loan review
6board. Notwithstanding section 15.07 (1) (c) of the statutes and section 15.185 (3)
7and (4), 2001 stats., the terms of office of all members of the savings bank review
8board and all members of the savings and loan review board terminate on the
9effective date of this paragraph.
SB44-SSA1,1062,1310
(b)
Initial members of savings institutions review board. Notwithstanding
11section 15.185 (3) of the statutes, as affected by this act, the terms of office of the
12members initially appointed to the savings institutions review board terminate as
13follows:
SB44-SSA1,1062,14
141. Two members, on May 1, 2007.
SB44-SSA1,1062,15
152. Three members, on May 1, 2009.
SB44-SSA1,1062,2316
(c)
Rules and orders. All rules promulgated by the division of savings
17institutions that are in effect on the effective date of this paragraph shall become
18rules of the division of banking and shall remain in effect until their specified
19expiration dates or until amended or repealed by the division of banking. All orders
20issued by the division of savings institutions that are in effect on the effective date
21of this paragraph shall become orders of the division of banking and shall remain in
22effect until their specified expiration dates or until modified or rescinded by the
23division of banking.
SB44-SSA1,1063,324
(d)
Contracts. All contracts entered into by the division of savings institutions
25in effect on the effective date of this paragraph remain in effect and are transferred
1to the division of banking. The division of banking shall carry out any obligations
2under such a contract until the contract expires or is modified or rescinded by the
3division of banking to the extent allowed under the contract.
SB44-SSA1,1063,84
(e)
Pending matters. Any matter pending with the division of savings
5institutions on the effective date of this paragraph is transferred to the division of
6banking and all materials submitted to or actions taken by the division of savings
7institutions with respect to the pending matter are considered as having been
8submitted to or taken by the division of banking.
SB44-SSA1, s. 9121
9Section 9121.
Nonstatutory provisions; Fox River Navigational
System Authority.
SB44-SSA1, s. 9123
11Section 9123.
Nonstatutory provisions; Health and Educational
Facilities Authority.
SB44-SSA1,1063,18
13(1f) Dental clinic start-up costs. From the appropriation under section
1420.435 (5) (dm) of the statutes, as affected by this act, the department of health and
15family services shall distribute $50,000 in state fiscal year 2003-04 for payment to
16support one-time start-up costs for the tri-county dental clinic in the city of
17Appleton that will serve low-income persons in the counties of Winnebago, Calumet,
18and Outagamie.
SB44-SSA1,1063,20
19(2)
Mental health and alcohol or other drug abuse managed care
20demonstration projects.
SB44-SSA1,1064,421
(a) From the appropriation under section 20.435 (6) (jm) of the statutes, as
22affected by this act, the department of health and family services shall expend
23$362,100 in state fiscal year 2003-04 and $224,600 in state fiscal year 2004-05 to
1contract with counties to provide up to 6 demonstration projects. The demonstration
2projects shall be to provide mental health and alcohol or other drug abuse services
3under managed care programs to persons who suffer from mental illness, alcohol or
4other drug dependency, or both mental illness and alcohol or other drug dependency.
SB44-SSA1,1064,115
(b) The department of health and family services shall submit for approval by
6the secretary of the federal department of health and human services any requests
7for waiver of federal medical assistance laws that are necessary to secure federal
8financial participation for the managed care demonstration projects under this
9subsection. Regardless of whether a waiver is approved, the department of health
10and family services may contract for the provision of the managed care
11demonstration projects under this subsection.
SB44-SSA1,1064,12
12(3)
Assessment of facility licensed beds; revised rules.
SB44-SSA1,1064,1613
(a) The department of health and family services shall submit in proposed form
14a revision of rules required under section 50.14 (5) (b) of the statutes to the legislative
15council staff under section 227.15 (1) of the statutes no later than the first day of the
164th month beginning after the effective date of this paragraph.
SB44-SSA1,1065,217
(b) Using the procedure under section 227.24 of the statutes, the department
18of health and family services may promulgate as emergency rules a revision of rules
19required under section 50.14 (5) (b) of the statutes for the period before the effective
20date of the revised rules submitted under paragraph (a), but not to exceed the period
21authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
22section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health and
23family services is not required to provide evidence that promulgating a rule under
24this paragraph as an emergency rule is necessary for the preservation of the public
1peace, health, safety, or welfare and is not required to provide a finding of emergency
2for a rule promulgated under this paragraph.
SB44-SSA1,1065,11
3(4)
Medical Assistance managed care waiver request. By January 1, 2004, the
4department of health and family services shall request from the secretary of the
5federal department of health and human services, under
42 USC 1396n (c), any
6waivers of federal Medical Assistance Program laws necessary to authorize the
7department of health and family services to require that those recipients of Medical
8Assistance who are eligible for the Supplemental Security Income Program under
42
9USC 1382 to
1383f enroll for services in managed care plans, including recipients
10who are in a geographic service region that contains no more than a single managed
11care organization as service provider.
SB44-SSA1,1065,12
12(5)
Transfer of grade A dairy operations certification.
SB44-SSA1,1065,1713
(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
14liabilities of the department of health and family services primarily related to the
15certification of grade A dairy operations, as determined by the secretary of
16administration, shall become the assets and liabilities of the department of
17agriculture, trade and consumer protection.
SB44-SSA1,1065,2218
(b)
Employee transfers. All positions and all incumbent employees holding
19those positions in the department of health and family services performing duties
20primarily related to the certification of grade A dairy operations, as determined by
21the secretary of administration, are transferred on the effective date of this
22paragraph to the department of agriculture, trade and consumer protection.
SB44-SSA1,1066,423
(c)
Employee status. Employees transferred under paragraph (b
) have all the
24rights and the same status under subchapter V of chapter 111 and chapter 230 of the
25statutes in the department of agriculture, trade and consumer protection that they
1enjoyed in the department of health and family services immediately before the
2transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so
3transferred who has attained permanent status in class is required to serve a
4probationary period.
SB44-SSA1,1066,95
(d)
Tangible personal property. On the effective date of this paragraph, all
6tangible personal property, including records, of the department of health and family
7services that is primarily related to the certification of grade A dairy operations, as
8determined by the secretary of administration, is transferred to the department of
9agriculture, trade and consumer protection.
SB44-SSA1,1066,1710
(e)
Contracts. All contracts entered into by the department of health and family
11services in effect on the effective date of this paragraph that are primarily related
12to the certification of grade A dairy operations, as determined by the secretary of
13administration, remain in effect and are transferred to the department of
14agriculture, trade and consumer protection. The department of agriculture, trade
15and consumer protection shall carry out any obligations under such a contract until
16the contract is modified or rescinded by the department of agriculture, trade and
17consumer protection to the extent allowed under the contract.
SB44-SSA1,1066,2418
(f)
Pending matters. Any matter pending with the department of health and
19family services on the effective date of this paragraph that is primarily related to the
20certification of grade A dairy operations is transferred to the department of
21agriculture, trade and consumer protection and all materials submitted to or actions
22taken by the department of health and family services with respect to the pending
23matter are considered as having been submitted to or taken by the department of
24agriculture, trade and consumer protection.
SB44-SSA1,1067,5
1(5x) Tobacco control advisory committee; initial appointments. 2Notwithstanding the length of terms specified in section 255.15 (2m) (a) (intro.) of
3the statutes, as created by this act, the initial members of the tobacco control
4advisory committee shall be appointed by the first day of the 4th month beginning
5after the effective date of this subsection for the following terms:
SB44-SSA1,1067,7
6(a) The members specified in section 255.15 (2m) (a) 1. to 3. of the statutes, as
7created by this act, for terms expiring on July 1, 2008.
SB44-SSA1,1067,9
8(b) The members specified in section 255.15 (2m) (a) 4. to 7. of the statutes, as
9created by this act, for terms expiring on July 1, 2007.
SB44-SSA1,1067,11
10(c) The members specified in section 255.15 (2m) (a) 8. to 10. and 14. of the
11statutes, as created by this act, for terms expiring on July 1, 2006.
SB44-SSA1,1068,9
12(7c) Payment increases for health maintenance organizations. If before July
131, 2005, the department of health and family services determines that supplemental
14rebate agreements entered into, or prior authorization requirements imposed, in
15accordance with section 49.45 (49m) of the statutes, as created by this act, generate
16more rebate earnings or more savings in spending on prescription drugs under the
17Medical Assistance program or the Badger Care health care program or under the
18program under section 49.688 of the statutes, as affected by this act, than are
19allocated for expenditure under the 2003-05 biennial budget act, as determined by
20the department of health and family services, the department of health and family
21services shall submit a plan, including any proposed appropriation transfers that are
22necessary to implement the plan, to the secretary of administration to use the
23additional earnings or savings to fund increases in rates paid to health maintenance
24organizations under the Medical Assistance program and the Badger Care health
25care program. If the secretary approves the plan, the secretary shall submit the plan
1to the joint committee on finance. If the cochairpersons of the committee do not notify
2the secretary within 14 working days after the date of the secretary's submittal that
3the committee has scheduled a meeting for the purpose of reviewing the plan, the
4department of health and family services may implement the plan as proposed by the
5secretary. If, within 14 working days after the date of the secretary's submittal, the
6cochairpersons of the committee notify the secretary that the committee has
7scheduled a meeting for the purpose of reviewing the proposed plan, the department
8of health and family services may implement the plan only upon approval of the
9committee.
SB44-SSA1,1068,11
10(8)
County department and local health department operating deficit
11reduction.
SB44-SSA1,1068,1812
(a) If an amendment to the state medical assistance plan that provides for a
13revised payment methodology for medical assistance services that are provided by
14a local government is approved by the federal center for medicare and medicaid
15services before July 1, 2005, no county department under section 46.215, 46.22,
1646.23, or 51.42 of the statutes and no local health department, as defined in section
17250.01 (4) of the statutes, may receive a distribution of an allocation under section
1849.45 (6t) of the statutes, as affected by this act.
SB44-SSA1,1068,2319
(b) If paragraph (a
) applies, any county department or local health department
20that has received distribution of an allocation under section 49.45 (6t) of the statutes,
21as affected by this act, for any year after 2002 shall, upon demand by the department
22of health and family services, return to the department of health and family services
23all those moneys so distributed.
SB44-SSA1,1069,4
24(8c) Autism spectrum disorder waiver. As part of waivers requested under
252001 Wisconsin Act 16, section
9123 (16rs) (b), the department of health and family
1services may, by January 1, 2004, seek a waiver under
42 USC 1396n (c) permitting
2Medical Assistance reimbursement on a statewide basis for certain in-home
3habilitation services specified in the waiver request for children who are diagnosed
4with an autism spectrum disorder.
SB44-SSA1,1069,9
5(8w) Prescription drug prior authorization report. By January 1, 2004, the
6department of health and family services shall report to the governor, the members
7of the joint committee on finance, and, in the manner provided under section 13.172
8(3) of the statutes, the appropriate standing committees of the legislature on all of
9the following:
SB44-SSA1,1069,12
10(a) The name and therapeutic class of each prescription drug for which the
11department requires prior authorization under the Medical Assistance program or
12the program under section 49.665 or 49.668 of the statutes, as affected by this act.
SB44-SSA1,1069,14
13(b) The criteria for approving prior authorization requests for each prescription
14drug identified under paragraph (a).
SB44-SSA1,1069,15
15(9c) Use of income augmentation revenue.
SB44-SSA1,1069,18
16(a) Subject to paragraph (b), from the appropriation account under section
1720.435 (8) (mb) of the statutes, the department of health and family services shall
18support the costs of all of the following:
SB44-SSA1,1069,20
191. Compliance with the federal Health Insurance Portability and
20Accountability Act,
42 USC 300gg to
300gg-92.
SB44-SSA1,1069,22
212. Implementation and operation of the statewide automated child welfare
22information system established under section 46.03 (7) (g) of the statutes.
SB44-SSA1,1069,24
233. Activities to reduce errors in the payment of benefits under the federal Food
24Stamp Program under
7 USC 2011 to
2036.
SB44-SSA1,1070,4
1(b) In supporting the costs specified in paragraph (a), the department of health
2and family services shall expend revenues received under
42 USC 670 to
679a,
42
3USC 1395 to
1395dd, and
42 USC 1396 to
1396v received before July 1, 2002, before
4expending revenues received from those sources after June 30, 2002.
SB44-SSA1,1070,8
5(10c) Primary health care program claims. Before July 1, 2004, from the
6appropriation account under section 20.435 (4) (gp) of the statutes, as affected by this
7act, the department of health and family services may pay outstanding claims for
8services provided under section 146.93, 2001 stats.
SB44-SSA1,1070,9
9(10f) Report on Medical Assistance benefits and financing.
SB44-SSA1,1070,1110
(a) In this subsection, "Medical Assistance" means services or items provided
11as a benefit under subchapter IV of chapter 49 of the statutes.
SB44-SSA1,1070,1312
(b) By December 1, 2003, the department of administration shall submit to the
13joint committee on finance a report that includes all of the following:
SB44-SSA1,1070,1614
1. A comparison of the amount of state funding that is budgeted for Medical
15Assistance under 2003 Wisconsin Act .... (this act) with projected expenditures for
16Medical Assistance in the 2003-05 state fiscal biennium.
SB44-SSA1,1070,2217
2. Identification of all federal funding that is available to support Medical
18Assistance in the 2003-05 state fiscal biennium, including any supplemental
19funding that this state may receive as the result of federal legislation, any approval
20by the federal department of health and human services of waivers of federal Medical
21Assistance Program laws, and any creation or expansion of claims for federal Medical
22Assistance Program moneys under
42 CFR 433.51.
SB44-SSA1,1070,2423
3. Proposals and recommendations, including proposed statutory changes, to
24reduce Medical Assistance costs if projected expenditures exceed projected revenues.
SB44-SSA1,1071,14
1(10h) Request for proposals for plan administrator. Not later than the first
2day of the 7th month beginning after the effective date of this subsection, the
3department of health and family services shall have prepared, and shall submit to
4the cochairpersons of the joint committee on finance, a request for proposals for
5administration of the Health Insurance Risk-Sharing Plan. If the cochairpersons
6of the joint committee on finance do not notify the secretary of health and family
7services within 14 working days after receiving the request for proposals that the
8cochairpersons have scheduled a meeting for the purpose of reviewing the request
9for proposals, the department of health and family services may issue the request for
10proposals. If within 14 working days after receiving the request for proposals the
11cochairpersons notify the secretary of health and family services that the
12cochairpersons have scheduled a meeting for the purpose of reviewing the request
13for proposals, the department of health and family services may issue the request for
14proposals only upon approval of the committee.
SB44-SSA1,1071,15
15(10k) Transfer of health care information to entity; transition assistance.
SB44-SSA1,1071,21
16(a) Before 12 months have elapsed after a contract is agreed upon under section
17153.05 (2m) of the statutes, as created by this act, the department of health and
18family services shall provide to the entity under that contract all health care
19information databases and computer software related to hospitals and ambulatory
20surgery centers, including manuals, documentation, and program codes, that the
21department possesses under chapter 153 of the statutes, as affected by this act.
SB44-SSA1,1072,2
22(b) The department of health and family services shall provide the entity under
23contract under section 153.05 (2m) (a) of the statutes, as created by this act, with
24transition assistance concerning health care data collection and dissemination to
1assist the entity in ensuring that the entity's program under the contract is
2functioning by January 1, 2004.
SB44-SSA1,1072,14
3(10m) Emergency rules for coverage of psychosocial services. Using the
4procedure under section 227.24 of the statutes, the department of health and family
5services may promulgate the rules required under section 49.45 (30e) (b) 1. to 3. of
6the statutes and under section 49.45 (30e) (b) 4. of the statutes, as created by this act,
7for the period before the effective date of the permanent rules promulgated under
8section 49.45 (30e) (b) 1. to 3. of the statutes and under section 49.45 (30e) (b) 4. of
9the statutes, as created by this act, but not to exceed the period authorized under
10section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a),
11(2) (b), and (3) of the statutes, the department is not required to provide evidence that
12promulgating a rule under this subsection as an emergency rule is necessary for the
13preservation of the public peace, health, safety, or welfare and is not required to
14provide a finding of emergency for a rule promulgated under this subsection.
SB44-SSA1,1072,21
15(11f) Medical Assistance federal funding report. If, before July 1, 2005,
16sufficient federal Medical Assistance Program moneys are available to support any
17of the following state Medical Assistance programs or services at the level of funding
18recommended by the governor in 2003 Senate Bill 44, the department of health and
19family services shall so report to the legislature in the manner provided under
20section 13.172 (2) of the statutes and include in the report any proposed legislation
21necessary for implementation:
SB44-SSA1,1072,2322
(a) Administrative costs for implementing created or expanded claims for
23federal Medical Assistance Program moneys under
42 CFR 433.51.
SB44-SSA1,1072,2424
(b) Noninstitutional Medical Assistance service provider rates.
SB44-SSA1,1072,2525
(c) Reduction in the use of nursing homes for the provision of long-term care.
SB44-SSA1,1073,2
1(d) Expanded services and increased rates for services under sections 46.27
2(11), 46.277, and 46.278 of the statutes, as affected by this act.
SB44-SSA1,1073,33
(e) Community support programs under section 51.421 (3) (e) of the statutes.