SB84: Bill Text

SB84,7,9 20.9275 (2n) Except as provided in sub. (6), and subject to sub. (3p), none of the funds specified under sub. (2) (intro.) may be paid to an organization or affiliate of an organization that does any of the following:

SB84,7,10 (a) Engages in an activity that is specified under sub. (2) (a) 1. to 3.

SB84,7,13 (b) Receives funds from any source that requires, as a condition for receipt of the funds, that the organization or affiliate perform any of the activities specified in sub. (2) (a) 1. to 3.

SB84, s. 17 Section 17. 20.9275 (3) of the statutes is amended to read:

SB84,7,21 20.9275 (3) Subject to sub. (3m) Except as provided in s. 20.927 (2), as it applies to funding under Medical Assistance, as defined in s. 49.43 (8), and Badger Care under s. 49.665, and subject to sub. (3p), no organization that receives funds specified under sub. (2) (intro.) may use program funds for engage in an activity that is specified under sub. (2) (a) 1. to 3. No organization that receives funds specified under sub. (2) (intro.) may transfer any program funds or any other public funds to an organization or affiliate of an organization to which sub. (2n) (a) or (b) applies.

SB84, s. 18 Section 18. 20.9275 (3m) of the statutes is repealed.

SB84, s. 19 Section 19. 20.9275 (3p) of the statutes is created to read:

SB84,8,3 20.9275 (3p) The restrictions under subs. (2), (2n), and (3) on the authorization of payment and the payment and use of funds apply only to the extent that the application of the restrictions does not result in the loss, by a medical school or medical residency program in this state, of accreditation from a national accrediting organization or agency.

SB84, s. 20 Section 20. 20.9275 (6) of the statutes is created to read:

SB84,8,8 20.9275 (6) Subsection (2n) does not apply to an organization that otherwise is qualified to receive funding under sub. (2) and that is affiliated with an organization to which sub. (2n) (a) or (b) applies if the organizations are physically and financially independent from each other under all of the following criteria:

SB84,8,11 (a) The organization that receives funds specified under sub. (2) (intro.) and its independent affiliate to which sub. (2n) (a) or (b) applies are not located in the same building and do not share any of the following:

SB84,8,12 1. The same or a similar name.

SB84,8,14 2. Medical or nonmedical facilities, including treatment, consultation, examination, or waiting rooms or business offices.

SB84,8,16 3. Equipment or supplies, including computers, telephone systems, telecommunications equipment, vehicles, office supplies, or medical supplies.

SB84,8,18 4. Services, including management, accounting, or payroll services or equipment or facility maintenance.

SB84,8,19 5. Income, grants, donations of cash or property, in-kind gifts, or other revenue.

SB84,8,21 6. Financial accounts, including checking accounts, savings accounts, and investments.

SB84,8,22 7. Fund-raising activities.

SB84,8,23 8. Expenses.

SB84,8,24 9. Employees.

SB84,8,25 10. Employee wages or salaries.

SB84,9,1 11. Databases, including client lists.

SB84,9,2 12. Marketing materials and other promotional products.

SB84,9,5 (b) The organization that receives funds specified under sub. (2) (intro.) is separately incorporated from its independent affiliate to which sub. (2n) (a) or (b) applies.

SB84,9,11 (c) The organization that receives funds specified under sub. (2) (intro.) maintains financial records and database records that demonstrate that its independent affiliate to which sub. (2n) (a) or (b) applies receives no direct or indirect economic or marketing benefit from the program funds. Separation of program funds from other moneys by means of bookkeeping alone is not sufficient to meet the requirement of this paragraph.

SB84, s. 21 Section 21. 20.9275 (7) of the statutes is created to read:

SB84,9,19 20.9275 (7) At least once every 3 years, the legislative audit bureau shall conduct an audit of each organization that receives the funds specified under sub. (2) (intro.) and the state agency or local governmental unit that authorizes payment of the funds to the organization, to determine if the organization, state agency, or local governmental unit has strictly complied with this section. If the organization is an affiliate of an organization to which sub. (2n) (a) or (b) applies, the legislative audit bureau shall conduct the audit at least annually.

SB84, s. 22 Section 22. 20.9275 (8) of the statutes is created to read:

SB84,9,23 20.9275 (8) A person may file a petition for a writ of mandamus or prohibition with the circuit court for the county where a violation of this section is alleged to have occurred or is proposed to occur.

SB84, s. 23 Section 23. 253.02 (2m) (intro.) of the statutes is amended to read:

SB84,10,6 253.02 (2m) (intro.) Nothing in this section authorizes the performance, promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy. Nothing in this section prohibits the providing of nondirective information explaining promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, any of the following:

SB84, s. 24 Section 24. 253.02 (2m) (c) of the statutes is repealed.

SB84, s. 25 Section 25. 253.07 (1) (a) (intro.) of the statutes is amended to read:

SB84,10,15 253.07 (1) (a) (intro.) "Family planning" means voluntary action by individuals to prevent or aid conception. "Family planning" does not include the performance, promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include the providing of nondirective information explaining promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, any of the following:

SB84, s. 26 Section 26. 253.07 (1) (a) 3. of the statutes is repealed.

SB84, s. 27 Section 27. 253.07 (1) (b) (intro.) of the statutes is amended to read:

SB84,11,3 253.07 (1) (b) (intro.) "Family planning services" mean means counseling by trained personnel regarding family planning; distribution of information relating to family planning; and referral to licensed nurse practitioners within the scope of their practice, licensed physicians, or local health departments for consultation, examination, medical treatment, and prescriptions for the purpose of family planning. "Family planning" does not include the performance, promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include the providing of nondirective information explaining promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, any of the following:

SB84, s. 28 Section 28. 253.07 (1) (b) 3. of the statutes is repealed.

SB84, s. 29 Section 29. Initial applicability.

SB84,11,11 (1) Publicly funded organizations. The treatment of section 20.9275 (1), (1r) (am) and (em), (2) (intro.), (2m) (intro.) and (c), (2n), (3), (3m), (3p), (6), (7), and (8) of the statutes, the renumbering and amendment of section 20.9275 (2) (a) 2. of the statutes, and the creation of section 20.9275 (2) (a) 2. a., b., c., d., e., f., and g. of the statutes first apply to a contract on the day on which the contract expires or is extended, modified, or renewed, whichever first occurs.

SB84,11,12 (End)