SB44,590,2011
49.785
(2) From the
appropriations under s. 20.445 (3) (dz) and (md) 12appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or
13applicable tribal governing body or organization for any amount that the county or
14applicable tribal governing body or organization is required to pay under sub. (1).
15From the
appropriations under s. 20.445 (3) (dz) and (md) appropriation under s.
1620.435 (4) (bn), the department shall reimburse a county or applicable tribal
17governing body or organization for cemetery expenses or for funeral and burial
18expenses for persons described under sub. (1) that the county or applicable tribal
19governing body or organization is not required to pay under subs. (1) and (1m) only
20if the department approves the reimbursement due to unusual circumstances.
SB44, s. 1303
21Section
1303. 49.32 (2) (d) of the statutes is repealed.
SB44, s. 1304
22Section
1304. 49.32 (4) of the statutes is repealed.
SB44, s. 1305
23Section
1305. 49.32 (9) (a) of the statutes is amended to read:
SB44,591,1024
49.32
(9) (a) Each county department under s. 46.215, 46.22
, or 46.23
25administering aid to families with dependent children shall maintain a monthly
1report at its office showing the names of all persons receiving aid to families with
2dependent children together with the amount paid during the preceding month.
3Each Wisconsin
works Works agency administering Wisconsin
works Works under
4ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names
5of all persons receiving
stipends under s. 49.147 (3m) (g) or benefits
or wages under
6s. 49.148 together with the amount paid during the preceding month. Nothing in this
7paragraph shall be construed to authorize or require the disclosure in the report of
8any information
(, including names, amounts of aid
, or
otherwise) other information, 9pertaining to adoptions, or aid furnished for the care of children in foster homes or
10treatment foster homes under s. 46.261 or 49.19 (10).
SB44, s. 1306
11Section
1306. 49.32 (10) (b) of the statutes is amended to read:
SB44,591,1912
49.32
(10) (b) If a law enforcement officer believes, on reasonable grounds, that
13a warrant has been issued and is outstanding for the arrest of a Wisconsin
works 14Works participant, the law enforcement officer may request that a law enforcement
15officer be notified when the participant appears to obtain his or her
stipend or 16benefits under the Wisconsin
works Works program. At the request of a law
17enforcement officer under this paragraph, an employee of a Wisconsin
works Works 18agency who disburses
stipends or benefits may notify a law enforcement officer when
19the participant appears to obtain
Wisconsin works
his or her stipend or benefits.
SB44, s. 1307
20Section
1307. 49.32 (10m) (a) of the statutes is amended to read:
SB44,593,221
49.32
(10m) (a) A county department, relief agency under s. 49.01 (3m)
, or
22Wisconsin
works Works agency shall, upon request, and after providing the notice
23to the recipient required by this paragraph, release the current address of a recipient
24of relief under s. 49.01 (3), aid to families with dependent children
, a stipend under
25s. 49.147 (3m) (g), or benefits
or wages under s. 49.148 to a person, the person's
1attorney
, or an employee or agent of that attorney, if the person is a party to a legal
2action or proceeding in which the recipient is a party or a witness, unless the person
3is a respondent in an action commenced by the recipient under s. 813.12, 813.122,
4813.123, 813.125
, or 813.127. If the person is a respondent in an action commenced
5by the recipient under s. 813.12, 813.122, 813.123, 813.125
, or 813.127, the county
6department, relief agency
, or Wisconsin
works Works agency may not release the
7current address of the recipient. No county department, relief agency
, or Wisconsin
8works Works agency may release an address under this paragraph until 21 days after
9the address has been requested. A person requesting an address under this
10paragraph shall be required to prove his or her identity and his or her participation
11as a party in a legal action or proceeding in which the recipient is a party or a witness
12by presenting a copy of the pleading or a copy of the subpoena for the witness. The
13person shall also be required to sign a statement setting forth his or her name,
14address
, and the reasons for making the request and indicating that he or she
15understands the provisions of par. (b) with respect to the use of the information
16obtained. The statement shall be made on a form prescribed by the department and
17shall be sworn and notarized. Within 7 days after an address has been requested
18under this paragraph, the county department, relief agency
, or Wisconsin
works 19Works agency shall mail to each recipient whose address has been requested a
20notification of that fact on a form prescribed by the department. The form shall also
21include the date on which the address was requested, the name and address of the
22person who requested the disclosure of the address, the reason that the address was
23requested
, and a statement that the address will be released to the person who
24requested the address no sooner than 21 days after the date on which the request for
25the address was made. County departments, relief agencies
, and Wisconsin
works
1Works agencies shall keep a record of each request for an address under this
2paragraph.
SB44, s. 1308
3Section
1308. 49.33 of the statutes is renumbered 49.78, and 49.78 (1) (b), (2),
4(4), (7), (8) (a) and (10), as renumbered, are amended to read:
SB44,593,85
49.78
(1) (b) "Income maintenance program" means the
medical assistance 6Medical Assistance program under subch. IV of ch. 49, the
badger care Badger Care 7health care program under s. 49.665,
or the food stamp program under
7 USC 2011 8to
2036, or the cemetery, funeral, and burial expenses program under s. 49.785.
SB44,593,13
9(2) Contracts. Annually, the department
of health and family services shall
10contract with county departments under ss. 46.215, 46.22, and 46.23, and may
11contract with tribal governing bodies, to reimburse the county departments and
12tribal governing bodies for the reasonable cost of administering income maintenance
13programs.
SB44,593,20
14(4) Rules; merit system. The department
of workforce development shall
15promulgate rules for the efficient administration of aid to families with dependent
16children in agreement with the requirement for federal aid, including the
17establishment and maintenance of personnel standards on a merit basis. The
18provisions of this section relating to personnel standards on a merit basis supersede
19any inconsistent provisions of any law relating to county personnel. This subsection
20shall not be construed to invalidate the provisions of s. 46.22 (1) (d).
SB44,593,25
21(7) County personnel systems. Pursuant to rules promulgated under sub. (4),
22the department
of workforce development where requested by the county shall
23delegate to that county, without restriction because of enumeration, any or all of the
24department's department of workforce development's authority under sub. (4) to
25establish and maintain personnel standards including salary levels.
SB44,594,10
1(8) (a) From the appropriation accounts under s. 20.435 (4) (bn) and (nn) and
2subject to par. (b), the department
of health and family services shall reimburse each
3county and tribal governing body that contracts with the department under sub. (2)
4for reasonable costs of administering the income maintenance programs. The
5amount of each reimbursement paid under this paragraph shall be calculated using
6a formula based on workload within the limits of available state and federal funds
7under s. 20.435 (4) (bn) and (nn) by contract under
s. 49.33 sub. (2). The amount of
8reimbursement calculated under this paragraph and par. (b) is in addition to any
9reimbursement provided to a county or tribal governing body for fraud and error
10reduction under s. 49.197 (1m) and (4).
SB44,594,22
11(10) County certification. (a) Each county treasurer and director of a county
12department under s. 46.215, 46.22, or 46.23 and each tribal governing body shall
13certify monthly under oath to the department
of health and family services in such
14manner as the department
of health and family services prescribes the claim of the
15county for state reimbursement under sub. (8) (a). The department
of health and
16family services shall review each claim of reimbursement and, if the department
of
17health and family services approves the claim, the department
of health and family
18services shall certify to the department of administration for reimbursement to the
19county for amounts due under sub. (8) (a) and payment claimed to be made to the
20counties monthly. The department
of health and family services may make advance
21payments prior to the beginning of each month equal to one-twelfth of the contracted
22amount.
SB44,595,623
(b) To facilitate prompt reimbursement the certificate of the department
of
24health and family services may be based on the certified statements of the county
25officers or tribal governing body executives filed under par. (a). Funds recovered
1from audit adjustments from a prior fiscal year may be included in subsequent
2certifications only to pay counties owed funds as a result of any audit adjustment.
3By September 30 annually, the department
of health and family services shall
4submit a report to the appropriate standing committees under s. 13.172 (3) on funds
5recovered and paid out during the previous calendar year as a result of audit
6adjustments.
SB44, s. 1309
7Section
1309. 49.36 (2) of the statutes is amended to read:
SB44,595,168
49.36
(2) The department may contract with any county, tribal governing body,
9or Wisconsin
works Works agency to administer a work experience and job training
10program for parents who are not custodial parents and who fail to pay child support
11or to meet their children's needs for support as a result of unemployment or
12underemployment. The program may provide the kinds of work experience and job
13training services available from the program under s. 49.193, 1997 stats., or s. 49.147
14(3)
, (3m), or (4). The program may also include job search and job orientation
15activities. The department shall fund the program from the appropriation under s.
1620.445 (3) (dz).
SB44, s. 1310
17Section
1310. 49.45 (2) (a) 3. of the statutes is amended to read:
SB44,595,2218
49.45
(2) (a) 3. Determine the eligibility of persons for medical assistance,
19rehabilitative, and social services under ss. 49.46, 49.468, and 49.47 and rules and
20policies adopted by the department and
shall may, under a contract under s.
49.33 2149.78 (2),
designate delegate all, or any portion, of this function to the county
22department under s. 46.215, 46.22, or 46.23 or a tribal governing body.
SB44, s. 1311
23Section
1311. 49.45 (2) (a) 17. of the statutes is amended to read:
SB44,596,324
49.45
(2) (a) 17. Notify the governor, the joint committee on legislative
25organization, the joint committee on finance and appropriate standing committees,
1as determined by the presiding officer of each house, if the appropriation
accounts 2under s. 20.435 (4) (b)
is , (gp), and (r) are insufficient to provide the state share of
3medical assistance.
SB44, s. 1312
4Section
1312. 49.45 (2) (a) 25. of the statutes is created to read:
SB44,596,145
49.45
(2) (a) 25. a. For the privilege of doing business in this state, there is
6imposed on each health maintenance organization, as defined in s. 609.01 (2), an
7annual assessment of 1% of the health maintenance organization's gross revenues
8for the immediately preceding calendar year. The assessment shall be deposited into
9the Medical Assistance trust fund. The department shall determine the amount of
10each health maintenance organization's assessment, based on a statement that the
11health maintenance organization shall file annually, by March 1, with the office of
12the commissioner of insurance. Each health maintenance organization shall pay
13one-fourth of the total assessment quarterly, by March 31, June 30, September 30,
14and December 31 of each year.
SB44,596,1915
b. Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to
16(7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under
17subch. III of ch. 77, apply to the assessment under this section, except that the
18amount of any assessment collected under subd. 25. a. shall be deposited into the
19Medical Assistance trust fund.
SB44,596,2220
c. The department shall levy, enforce, and collect the assessment under this
21subdivision and shall develop and distribute forms necessary for levying and
22collection.
SB44,596,2423
d. The department shall promulgate rules that establish procedures and
24requirements for levying the assessment under this subdivision.
SB44,597,3
1e. An affected health maintenance organization may contest an action by the
2department under this subdivision by submitting a written request for a hearing to
3the department within 3 days after the date of the department's action.
SB44,597,54
f. Any order or determination made by the department under a hearing as
5specified in subd. 25. e. is subject to judicial review as prescribed under ch. 227.
SB44, s. 1313
6Section
1313. 49.45 (3) (a) of the statutes is amended to read:
SB44,597,127
49.45
(3) (a) Reimbursement shall be made to each county department under
8ss. 46.215, 46.22
, and 46.23 for
the
any administrative services performed in the
9medical assistance Medical Assistance program on the basis of s.
49.33 49.78 (8). For
10purposes of reimbursement under this paragraph, assessments completed under s.
1146.27 (6) (a) are administrative services performed in the
medical assistance Medical
12Assistance program.
SB44, s. 1314
13Section
1314. 49.45 (3) (am) of the statutes is repealed.
SB44, s. 1315
14Section
1315. 49.45 (5) (b) 1. (intro.) of the statutes is amended to read:
SB44,598,615
49.45
(5) (b) 1. (intro.) Upon receipt of a timely petition under par. (a) the
16department shall give the applicant or recipient reasonable notice and opportunity
17for a fair hearing. The department may make such additional investigation as it
18considers necessary. Notice of the hearing shall be given to the applicant or recipient
19and
to the county clerk or, if a Wisconsin works agency
, if a county department under
20s. 46.215, 46.22, or 46.23 is responsible for making the medical assistance
21determination,
the Wisconsin works agency to the county clerk of the county. The
22county
or the Wisconsin works agency may be represented at such hearing. The
23department shall render its decision as soon as possible after the hearing and shall
24send a certified copy of its decision to the applicant or recipient,
to the county clerk
, 25and to
the any county officer
or the Wisconsin works agency charged with
1administration of the
medical assistance
Medical Assistance program. The decision
2of the department shall have the same effect as an order of
the a county officer
or the 3Wisconsin works agency charged with the administration of the
medical assistance 4Medical Assistance program. The decision shall be final, but may be revoked or
5modified as altered conditions may require. The department shall deny a petition
6for a hearing or shall refuse to grant relief if:
SB44, s. 1316
7Section
1316. 49.45 (5) (b) 2. (intro.) of the statutes is amended to read:
SB44,598,188
49.45
(5) (b) 2. (intro.) If a recipient requests a hearing within the timely notice
9period specified in
42 CFR 431.231 (c), medical assistance coverage shall not be
10suspended, reduced
, or discontinued until a decision is rendered after the hearing
11but medical assistance payments made pending the hearing decision may be
12recovered by the department if the contested decision or failure to act is upheld.
The
13department shall promptly notify the county department or, if a Wisconsin works
14agency If a county department is responsible for making the medical assistance
15determination, the
Wisconsin works agency department shall notify the county
16department of the county in which the recipient resides that the recipient has
17requested a hearing. Medical assistance coverage shall be suspended, reduced
, or
18discontinued if:
SB44, s. 1317
19Section
1317. 49.45 (5m) (title) of the statutes is amended to read:
SB44,598,2020
49.45
(5m) (title)
Supplemental funding for rural critical access hospitals.
SB44, s. 1318
21Section
1318. 49.45 (5m) (am) of the statutes is amended to read:
SB44,599,522
49.45
(5m) (am) Notwithstanding sub. (3) (e), from the
appropriations 23appropriation accounts under s. 20.435 (4) (b),
(gp), (o),
(r), and (w), the department
24shall
distribute not more than $2,256,000 in each fiscal year, to provide
25supplemental funds to
rural hospitals that, as determined by the department, have
1high utilization of inpatient services by patients whose care is provided from
2governmental sources, and to provide supplemental funds to critical access
3hospitals, except that the department may not distribute funds to a
rural hospital
4or to a critical access hospital to the extent that the distribution would exceed any
5limitation under
42 USC 1396b (i) (3).
SB44, s. 1319
6Section
1319. 49.45 (5m) (b) of the statutes is repealed.
SB44, s. 1320
7Section
1320. 49.45 (6b) of the statutes is amended to read:
SB44,599,158
49.45
(6b) Centers for the developmentally disabled. From the
9appropriation under s. 20.435 (2) (gk), the department may reimburse the cost of
10services provided by the centers for the developmentally disabled. Reimbursement
11to the centers for the developmentally disabled shall be reduced following each
12placement made under s. 46.275 that involves a relocation from a center for the
13developmentally disabled, by
$200 per day, beginning in fiscal year 2001-02, and by 14$225 per day, beginning in fiscal year 2002-03
, and by $325 per day, beginning in
15fiscal year 2004-05.
SB44, s. 1321
16Section
1321. 49.45 (6c) (a) 6m. of the statutes is created to read:
SB44,599,1817
49.45
(6c) (a) 6m. "Intermediate facility" has the meaning given in s. 46.279
18(1) (a).
SB44, s. 1322
19Section
1322. 49.45 (6c) (b) of the statutes is amended to read:
SB44,600,920
49.45
(6c) (b)
Preadmission screening. Except as provided in par. (e),
beginning
21on August 9, 1989, every individual who applies for admission to a facility or to an
22institution for mental diseases shall be screened to determine if the individual has
23developmental disability or mental illness.
Beginning on August 9, 1989, the The 24department or an entity to which the department has delegated authority shall
25screen every individual who has been identified as having a developmental disability
1or mental illness to determine if the individual needs facility care. If the individual
2is determined to need facility care, the department or an entity to which the
3department has delegated authority shall also assess the individual to determine if
4he or she requires active treatment for developmental disability or active treatment
5for mental illness.
If the department or entity determines that the individual
6requires active treatment for developmental disability, the department or entity
7shall determine whether the level of care required by the individual that is provided
8by a facility could be provided safely in an intermediate facility or under a plan that
9is developed under s. 46.279 (4).
SB44, s. 1323
10Section
1323. 49.45 (6c) (c) (intro.) of the statutes is amended to read:
SB44,600,1611
49.45
(6c) (c)
Resident review. (intro.) Except as provided in par. (e), the
12department or an entity to which the department has delegated authority shall
13review every resident of a facility or institution for mental diseases who has a
14developmental disability or mental illness and who has experienced a significant
15change in his or her physical or mental condition to determine
if any all of the
16following
applies:
SB44, s. 1324
17Section
1324. 49.45 (6c) (c) 1. of the statutes is amended to read:
SB44,600,1818
49.45
(6c) (c) 1.
The Whether the resident needs facility care.
SB44, s. 1325
19Section
1325. 49.45 (6c) (c) 2. of the statutes is amended to read:
SB44,600,2120
49.45
(6c) (c) 2.
The Whether the resident requires active treatment for
21developmental disability or active treatment for mental illness.
SB44, s. 1326
22Section
1326. 49.45 (6c) (c) 3. of the statutes is created to read:
SB44,601,223
49.45
(6c) (c) 3. If the department or entity determines under subd. 1. that the
24resident needs facility care and under subd. 2. that the resident requires active
25treatment for developmental disability, whether the level of care required by the
1resident that is provided by a facility could be provided safely in an intermediate
2facility or under a plan that is developed under s. 46.279 (4).
SB44, s. 1327
3Section
1327. 49.45 (6m) (a) 4. of the statutes is repealed.
SB44, s. 1328
4Section
1328. 49.45 (6m) (ag) (intro.) of the statutes is amended to read:
SB44,601,115
49.45
(6m) (ag) (intro.) Payment for care provided in a facility under this
6subsection made under s. 20.435 (4) (b),
(gp), (pa), (o),
(r), (w), or (wm) shall, except
7as provided in pars. (bg), (bm), and (br), be determined according to a prospective
8payment system updated annually by the department. The payment system shall
9implement standards that are necessary and proper for providing patient care and
10that meet quality and safety standards established under subch. II of ch. 50 and ch.
11150. The payment system shall reflect all of the following:
SB44, s. 1329
12Section
1329. 49.45 (6m) (ag) 2. of the statutes is amended to read:
SB44,601,1613
49.45
(6m) (ag) 2.
Standards Except as provided in subd. 3r., standards 14established by the department that shall be based upon allowable costs incurred by
15facilities in the state as available from information submitted under par. (c) 3. and
16compiled by the department.
SB44, s. 1330
17Section
1330. 49.45 (6m) (ag) 3m. of the statutes is amended to read:
SB44,601,2218
49.45
(6m) (ag) 3m. For
each state fiscal year
1999-2000, rates that shall be
19set by the department based on information from cost reports for the
1998 most
20recently completed fiscal year of the facility
and for state fiscal year 2000-01, rates
21that shall be set by the department based on information from cost reports for the 221999 fiscal year of the facility.
SB44, s. 1331
23Section
1331
. 49.45 (6m) (ag) 3m. of the statutes, as affected by 2003
24Wisconsin Act .... (this act), is amended to read:
SB44,602,3
149.45
(6m) (ag) 3m. For each state fiscal year, rates that shall be set by the
2department based on information from cost reports
for costs specified under par. (am)
31. bm., 4., 5m., and 6. for the most recently completed fiscal year of the facility.
SB44, s. 1332
4Section
1332. 49.45 (6m) (ag) 3r. of the statutes is created to read:
SB44,602,65
49.45
(6m) (ag) 3r. Flat-rate payment, as determined by the department, for
6costs specified under par. (am) 1. a. and 2.
SB44, s. 1333
7Section
1333. 49.45 (6m) (ag) 3r. of the statutes, as created by 2003 Wisconsin
8Act .... (this act), is amended to read:
SB44,602,109
49.45
(6m) (ag) 3r. Flat-rate payment
, as determined by the department, for
10all costs specified under par. (am) 1. a. and 2.
SB44, s. 1334
11Section
1334. 49.45 (6m) (am) 1. a. of the statutes is amended to read:
SB44,602,1612
49.45
(6m) (am) 1. a. Personal comfort supplies
; medical supplies;
13over-the-counter drugs; and nonbillable services of a ward clerk, activity person,
14recreation person, social worker, volunteer coordinator, teacher for residents aged 22
15and older, vocational counselor for residents aged 22 and older, religious person,
16therapy aide, therapy assistant, and counselor on resident living.
SB44, s. 1335
17Section
1335. 49.45 (6m) (am) 1. b. of the statutes is repealed.
SB44, s. 1336
18Section
1336. 49.45 (6m) (am) 1. bm. of the statutes is created to read:
SB44,602,2019
49.45
(6m) (am) 1. bm. Nonbillable services of a registered nurse, licensed
20practical nurse and nurse's assistant.
SB44, s. 1337
21Section
1337. 49.45 (6m) (am) 1. d. of the statutes is repealed.
SB44, s. 1338
22Section
1338. 49.45 (6m) (am) 1. e. of the statutes is repealed.
SB44, s. 1339
23Section
1339. 49.45 (6m) (am) 3. (intro.) of the statutes is renumbered 49.45
24(6m) (am) 2. c. and amended to read:
SB44,603,3
149.45
(6m) (am) 2. c. Allowable fuel and utility costs, including the facility
2expenses that the department determines are allowable for the provision of
: 3electrical service, water and sewer services, and heat.
SB44, s. 1340
4Section
1340. 49.45 (6m) (am) 3. a. of the statutes is repealed.
SB44, s. 1341
5Section
1341. 49.45 (6m) (am) 3. b. of the statutes is repealed.
SB44, s. 1342
6Section
1342. 49.45 (6m) (am) 3. c. of the statutes is repealed.
SB44, s. 1343
7Section
1343. 49.45 (6m) (am) 4. of the statutes is amended to read:
SB44,603,98
49.45
(6m) (am) 4.
Net property Property tax or
allowable municipal service
9costs
incurred paid by the owner of the facility for the facility.
SB44, s. 1344
10Section
1344. 49.45 (6m) (am) 5. of the statutes is renumbered 49.45 (6m) (am)
112. d.
SB44, s. 1345
12Section
1345
. 49.45 (6m) (ar) 1. a. of the statutes is amended to read:
SB44,603,2213
49.45
(6m) (ar) 1. a. The department shall establish standards for payment of
14allowable direct care costs, for facilities that do not primarily serve the
15developmentally disabled, that take into account direct care costs for a sample of all
16of those facilities in this state and separate standards for payment of allowable direct
17care costs, for facilities that primarily serve the developmentally disabled, that take
18into account direct care costs for a sample of all of those facilities in this state. The
19standards shall be adjusted by the department for regional labor cost variations.
For
20facilities in Douglas, Pierce, and St. Croix counties, the department shall perform the
21adjustment by use of the wage index that is used by the federal department of health
22and human services for hospital reimbursement under 42 USC 1395 to 1395ggg.