Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Under current law, an appropriation of general purpose revenue in DHFS funds competency examinations of criminal defendants in Milwaukee County. Inpatient competency examinations of criminal defendants are funded under an appropriation of program revenue for mental health institutional operations and charges.
This bill eliminates general purpose revenue funding by DHFS of competency examinations of criminal defendants in Milwaukee County and, instead, limits the DHFS general purpose revenue funding for competency examinations of criminal defendants to those outpatient competency examinations that are for criminal defendants who are in jails or in locked units of facilities.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (2) (bj) of the statutes is amended to read:
20.435 (2) (bj) Competency examinations and conditional and supervised release services. Biennially, the amounts in the schedule for outpatient competency examinations in a county with a population of 500,000 or more, conducted in a jail or locked unit under s. 971.14 (2) (am) and for payment by the department of costs for treatment and services for persons released under s. 980.06 (2) (c), 1997 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (5), for which the department has contracted with county departments under s. 51.42 (3) (aw) 1. d., with other public agencies, or with private agencies to provide the treatment and services.
SECTION 2. 971.14 (2) (am) of the statutes is amended to read:
971.14 (2) (am) Notwithstanding par. (a), if the court orders the defendant to be examined by the department or a department facility, the department shall determine where the examination will be conducted, who will conduct the examination and whether the examination will be conducted on an inpatient or outpatient basis. The department's responsibility for conducting examinations is limited to inpatient examinations and those outpatient examinations that are for defendants in custody in jail or in a locked unit of a facility. Any such outpatient examination shall be conducted in a jail or a locked unit of a facility. In any case under this paragraph in which the department determines that an inpatient examination is necessary, the 15-day period under par. (c) begins upon the arrival of the defendant at the inpatient facility. If an outpatient examination is begun by or through the department, and the department later determines that an inpatient examination is necessary, the sheriff shall transport the defendant to the inpatient facility designated by the department, unless the defendant has been released on bail.
(End)
LRB-0133LRB-0133/1
PJK:kmg:pg
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0022 Eliminate HIRSP administrator requirement
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the administrator of the health insurance risk-sharing plan.
Analysis by the Legislative Reference Bureau
Health and human services
Other health and human services
The health insurance risk-sharing plan (HIRSP) under current law provides major medical health insurance coverage for persons who are covered under Medicare because they are disabled, persons who have tested positive for the human immunodeficiency virus, and persons who have been refused coverage, or coverage at an affordable price, in the private health insurance market because of their mental or physical health condition. Also eligible for coverage are persons who currently do not have health insurance coverage, but who were covered under certain types of health insurance coverage for at least 18 months in the past and have exhausted any continuation coverage for which they were eligible.
HIRSP is administered by DHFS, in conjunction with a plan administrator and a board of governors. Current law provides that the plan administrator is the same fiscal agent with which DHFS contracts to administer the Medical Assistance (MA) Program. This bill eliminates the requirement that the plan administrator be the fiscal agent for the MA Program and provides that the plan administrator may be selected by DHFS in a competitive bidding process.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 149.10 (8b) of the statutes is repealed.
SECTION 2. 149.16 (1) of the statutes is repealed.
SECTION 3. 149.16 (1m) of the statutes is created to read:
149.16 (1m) The plan administrator may be selected by the department in a competitive bidding process.
SECTION 4. 149.16 (4) of the statutes is amended to read:
149.16 (4) The If the plan administrator is the fiscal agent under s. 49.45 (2) (b) 2., the plan administrator shall account for costs related to the plan separately from costs related to medical assistance under subch. IV of ch. 49.
(End)
LRB-0153LRB-0153/P1
PJK:kmg:rs
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0073 Eliminate OCI requirement for public official bond
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: elimination of bond requirement.
Analysis by the Legislative Reference Bureau
Insurance
Under current law, OCI is required to procure for the commissioner of insurance and for each employee of OCI a separate public officer's bond providing $100,000 of coverage. This bill eliminates that requirement.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 601.17 of the statutes is repealed.
(End)
LRB-0158LRB-0158/1
RCT:cjs:jf
2003 - 2004 LEGISLATURE
DOA:......Fath - BB0188, Denial of state-issued grants and loans, CREP
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: denial of Conservation Reserve Enhancement Program payments to person in arrears in child support payments.
Analysis by the Legislative Reference Bureau
Agriculture
Current law authorizes DATCP to participate in the federal Conservation Reserve Enhancement Program (CREP) under which payments are made to landowners for measures to improve water quality, erosion control, and wildlife habitat. Also under current law, if an individual who has a court-ordered obligation to make periodic payments of child or family support, maintenance, medical expenses of a child, or birth expenses (support) fails to make a payment, the amount of the delinquent support automatically becomes a lien against all of the individual's property. DWD maintains a statewide support lien docket that lists the delinquent individuals and the amount of support that each owes. DWD is required to provide a copy of the lien docket to each county register of deeds and each county child support agency.
This bill prohibits DATCP from making a CREP payment to an individual whose name is included on the statewide support lien docket unless the individual provides to DATCP a copy of a payment agreement that has been approved by the county child support agency.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 93.70 of the statutes is renumbered 93.70 (1).
SECTION 2. 93.70 (2) of the statutes is created to read:
93.70 (2) The department may not make a payment under sub. (1) to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the department a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).
(End)
LRB-0187LRB-0187/2
PJK:kjf&jld:jf
2003 - 2004 LEGISLATURE
DOA:......Fath - BB0026 MA and food stamp administration; appropriation
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: food stamp administration and making an appropriation.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
Currently, DHFS administers Medical Assistance (MA), Badger Care, and food stamps. The administrative contract costs for MA and Badger Care are paid out of the same DHFS general purpose and federal revenue appropriations. The administrative contract costs for food stamps are paid out of different DHFS general purpose revenue and federal revenue appropriations. Under this bill, administrative contract costs for food stamps are paid out of the same general purpose revenue and federal revenue appropriations as the administrative contract costs for MA and Badger Care.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (4) (bm) of the statutes is amended to read:
20.435 (4) (bm) Medical assistance and badger care Assistance, food stamps, and Badger Care administration; contract costs, insurer reports, and resource centers. Biennially, the amounts in the schedule to provide the state share of administrative contract costs for the medical assistance Medical Assistance program under s. 49.45, the food stamp program under s. 49.79, and the badger care Badger Care health care program under s. 49.665, other than payments to counties and tribal governing bodies under s. 49.33 49.78 (8), to develop and implement a registry of recipient immunizations, to reimburse insurers for their costs under s. 49.475, for costs associated with outreach activities, and for services of resource centers under s. 46.283. No state positions may be funded in the department of health and family services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the medical assistance Medical Assistance program between the subunit of the department primarily responsible for administering the medical assistance Medical Assistance program and another subunit of the department. Total administrative funding authorized for the program under s. 49.665 may not exceed 10% of the amounts budgeted under pars. (bc), (p), and (x).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
****NOTE: This is reconciled s. 20.435 (4) (bm). This SECTION is affected by LRB-0187 and LRB-0190.
SECTION 2. 20.435 (4) (n) of the statutes is amended to read:
20.435 (4) (n) Federal program operations. All moneys received from the federal government or any of its agencies for the state administration of continuing programs, other than moneys received under par. (pa), to be expended for the purposes specified.
SECTION 3. 20.435 (4) (pa) of the statutes is amended to read:
20.435 (4) (pa) Federal aid; medical assistance Medical Assistance and food stamp contracts administration. All federal moneys received for the federal share of the cost of contracting for payment and services administration and reporting, other than moneys received under par. (nn), to reimburse insurers for their costs under s. 49.475, for administrative contract costs for the food stamp program under s. 49.79, and for services of resource centers under s. 46.283.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0188LRB-0188/P1
RLR:cjs:jf
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0027 Alternative services provided by institutes and centers; appropriation
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: alternative services provided by mental health institutes and centers for the developmentally disabled, and making an appropriation.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
Under current law, the mental health institutes and the centers for the developmentally disabled may, in addition to providing inpatient and outpatient services, provide various alternative services under contract with entities such as counties, school districts, or other public or private entities. The alternative services are funded by an annual program revenue appropriation. This bill changes the appropriation that funds alternative services provided by the mental health institutes and the centers for the developmentally disabled to a continuing appropriation.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (2) (g) of the statutes is amended to read:
20.435 (2) (g) Alternative services of institutes and centers. The amounts in the schedule to provide services under ss. 46.043 and 51.06 (1r). All moneys received as payments for services under ss. 46.043 and 51.06 (1r) shall be credited to this appropriation account for provision of alternative services by mental health institutes under s. 46.043 and by centers for the developmentally disabled under s. 51.06 (1r).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
