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. SB44, s. 1346
23Section
1346
. 49.45 (6m) (ar) 1. a. of the statutes, as affected by 2003
24Wisconsin Act .... (this act), is amended to read:
SB44,604,8
149.45
(6m) (ar) 1. a. The department shall establish standards for payment of
2allowable direct care costs
under par. (am) 1. bm., for facilities that do not primarily
3serve the developmentally disabled, that take into account direct care costs for a
4sample of all of those facilities in this state and separate standards for payment of
5allowable direct care costs, for facilities that primarily serve the developmentally
6disabled, that take into account direct care costs for a sample of all of those facilities
7in this state. The standards shall be adjusted by the department for regional labor
8cost variations.
SB44, s. 1347
9Section
1347. 49.45 (6m) (ar) 2. (intro.) and 2. a. of the statutes are
10consolidated, renumbered 49.45 (6m) (ar) 2. and amended to read:
SB44,604,1311
49.45
(6m) (ar) 2. For support service costs
: 2. a. The , the department shall
12establish one or more standards for the payment of support service costs that take
13into account support service costs for a sample of all facilities within the state.
SB44, s. 1348
14Section
1348. 49.45 (6m) (ar) 2. b. of the statutes is repealed.
SB44, s. 1349
15Section
1349. 49.45 (6m) (ar) 2. d. of the statutes is repealed.
SB44, s. 1350
16Section
1350. 49.45 (6m) (ar) 3. of the statutes is repealed.
SB44, s. 1351
17Section
1351. 49.45 (6m) (ar) 5. of the statutes is repealed.
SB44, s. 1352
18Section
1352. 49.45 (6m) (av) 1. of the statutes is renumbered 49.45 (6m) (av)
19and amended to read:
SB44,604,2420
49.45
(6m) (av) The department shall calculate a payment rate for a facility by
21applying the criteria set forth under pars. (ag) 1. to 5. and 7., (am) 1.
to 5. bm., 4., 5m.
22and 6., and (ar) 1.
to 5. , 4., and 6. to information from cost reports submitted by the
23facility
, as affected by any adjustment for ancillary services and materials under par.
24(b).
SB44, s. 1353
25Section
1353. 49.45 (6m) (av) 2. of the statutes is repealed.
SB44, s. 1354
1Section
1354. 49.45 (6m) (av) 3. of the statutes is repealed.
SB44, s. 1355
2Section
1355. 49.45 (6m) (av) 4. of the statutes is repealed.
SB44, s. 1356
3Section
1356. 49.45 (6m) (av) 5. of the statutes is repealed.
SB44, s. 1357
4Section
1357. 49.45 (6m) (av) 5m. of the statutes is repealed.
SB44, s. 1358
5Section
1358. 49.45 (6m) (av) 6. of the statutes is repealed.
SB44, s. 1359
6Section
1359. 49.45 (6m) (bc) of the statutes is repealed.