(c) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services relating to the registration of sanitarians, as determined by the secretary of administration, shall become the assets and liabilities of the department of regulation and licensing.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services relating to the registration of sanitarians, as determined by the secretary of administration, is transferred to the department of regulation and licensing.
(e) Contracts. All contracts entered into by the department of health and family services relating to the registration of sanitarians in effect on the effective date of this paragraph remain in effect and are transferred to the department of regulation and licensing. The department of regulation and licensing shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of regulation and licensing to the extent allowed under the contract.
(f) Pending matters. Any matter pending with the department of health and family services relating to the regulation of sanitarians on the effective date of this paragraph is transferred to the department of regulation and licensing and all materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of regulation and licensing.
(4)
Medical Assistance and Community Aids Program funding and payments. The repeal of
2003 Wisconsin Act 318, sections
15,
18,
20,
22, and
27, by this act applies notwithstanding section 990.03 of the statutes.
(5)
Transfer of mental health services for homeless individuals.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of commerce.
(b) Position transfer.
1. On the effective date of this subdivision, the authorized FTE positions for the department of health and family services, funded from the appropriation under section 20.435 (6) (m) of the statutes, are decreased by 1.0 PR-F position having responsibility for a program to provide mental health services to homeless individuals with chronic mental illness.
2. On the effective date of this subdivision, the authorized FTE positions for the department of commerce, funded from the appropriation under section 20.143 (2) (m) of the statutes, are increased by 1.0 PR-F position having responsibility for a program to provide mental health services to homeless individuals with chronic mental illness.
3. On the effective date of this subdivision, the incumbent employee holding the position specified in subdivision 1. is transferred to the department of commerce.
(c) Employee status. The employee transferred under paragraph (b) 3. shall have all the same rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of commerce that he or she enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of commerce.
(e) Contracts. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of commerce. The department of commerce shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of commerce to the extent allowed under the contract.
(f) Rules and orders. All rules promulgated by the department of health and family services that are in effect on the effective date of this paragraph that are primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of commerce. All orders issued by the department of health and family services that are in effect on the effective date of this paragraph that are primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of commerce.
(10) Waiver for cost-saving measures under the Badger Care health care program.
(a) The department of health and family services shall request one or more waivers from the secretary of the federal department of health and human services to permit the department of health and family services to implement cost-saving measures under the Badger Care health care program, including any of the following:
1. Establishing a 3-tiered prescription drug copayment requirement that does not exceed the maximum copayment amount established by the group insurance board for state employees.
2. Establishing a benchmark plan, as described in
42 CFR 457.420.
3. Establishing mandatory copayments for benefits in addition to the copayments for prescription drug coverage.
(b) If a federal waiver under paragraph (a) is approved, the department of health and family services shall seek enactment of statutory language to implement cost-saving measures authorized under the waiver.
(12) Transfer of help desk and desktop support positions. All incumbent employees holding positions in the department of health and family services performing duties primarily related to information technology assistance services, as determined by the secretary of health and family services, are transferred on the effective date of this subsection to the department of administration. Employees transferred under this subsection have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the department of health and family services. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class may be required to serve a probationary period.
(12c) Benefit specialist funding. The department of health and family services shall inform aging units, as defined in section 46.81 (1) (a) of the statutes, that the funding increase for benefit specialist services as specified under section 46.81 (2) of the statutes, as affected by this act, is for state fiscal year 2006-07 only.
(12d) Child welfare caseworker retention activities. By January 1, 2006, the department of health and family services shall submit to the joint committee on finance a report regarding the activities conducted by the bureau of Milwaukee child welfare in that department to retain caseworkers providing services to children and families in Milwaukee County. If the department of health and family services contracts with an outside consultant to review the causes of turnover of those caseworkers and to identify and prioritize strategies to
improve the retention of those caseworkers, that department shall include the results of that review in the report under this subsection.
(12k) Contracts for new family care resource centers. Notwithstanding sections 46.281 (1) (e) 2. and 46.283 (2) (b) of the statutes, as affected by this act, the department of health and family services may during the 2005-07 fiscal biennium enter into contracts with 9 entities to provide services under section 46.283 (3) and (4) of the statutes in a total of 13 counties and may subsequently renew the contracts without submitting the contracts to the joint committee on finance or obtaining approval from the joint committee on finance of the contracts.
(12L) Budget request for operation of family care resource centers. The department of health and family services shall include a plan in its 2007-09 biennial budget request to reallocate funds in the department's base appropriations to support projected annual costs of operating resource centers under section 46.283 of the statutes, as affected by this act, which exceed the amount appropriated for the operation of resource centers in the 2006-07 fiscal year.
(12q) Joint services programs plan and report. By December 31, 2005, the department of health and family services, the department of veterans affairs, and the department of corrections shall together develop a plan and submit to the joint committee on finance a report on proposed programs for the joint provision of personnel, payroll, purchasing, custodianship, grounds and maintenance, distribution, warehouse, and security services at the Northern Center for the Developmentally Disabled and the Southern Center for the Developmentally Disabled, for all programs that each agency conducts at these places. The report shall also contain the projected impact of the proposed programs on expenditures and numbers of authorized positions for each agency.
(12r) Community integration program relocations from nursing homes; report. By January 1, 2007, the department of health and family services shall submit a report to the joint committee on finance that includes information collected for the 2005-07 fiscal biennium through at least July 1, 2006, and that identifies all of the following:
(a) The administration, housing, and services expenditures under the Community Integration Program that are associated with any relocations made under section 46.277 (5) (g) of the statutes, as affected by this act, including the average expenditures by individual and collective expenditures.
(b) The nature and duration of the community placements made under section 46.277 (5) (g) of the statutes, as affected by this act.
(c) The impact of the relocations made under section 46.277 (5) (g) of the statutes, as affected by this act, on the health and safety of individuals relocated, utilization of services allowable under the Medical Assistance Program, and the costs of providing Medical Assistance Program services per individual.
(d) The savings, if any, generated as the result of the relocations authorized under section 46.277 (5) (g) of the statutes, as affected by this act, including the average savings generated per relocation and total savings.
(12s) Transfer of alcohol and drug counselor certification.
(a) Certified alcohol and drug counselors. Except as provided in paragraph (am), all of the following individuals who are certified under the following titles under the requirements of section HFS 75.02 (84) (a) of the Wisconsin Administrative Code immediately before the effective date of this paragraph are certified as follows under section 440.75 of the statutes, as created by this act:
1. If certified as a registered alcohol and drug counselor I, certified as a basic substance abuse counselor.
2. If certified as a certified alcohol and drug counselor II, certified as an intermediate substance abuse counselor.
3. If certified as a certified alcohol and drug counselor III or as a certified alcohol and drug counselor-D, certified as an independent substance abuse counselor.
4. If certified as a registered clinical supervisor, certified as a basic clinical supervisor.
5. If certified as a certified clinical supervisor I, certified as an intermediate clinical supervisor.
6. If certified as a certified clinical supervisor II or certified clinical supervisor-G, certified as an independent clinical supervisor.
7. If certified as a certified prevention professional, certified as a prevention specialist.
(am) Exception. This subsection does not apply to a physician, as defined in section 448.01 (5) of the statutes,
who specializes in psychiatry, a clinical social worker, as defined in section 457.01 (1r) of the statutes, or a licensed psychologist, as defined in section 455.01 (4) of the statutes, who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.
(b) Rules and orders. All rules of the department of health and family services regulating certification of alcohol and drug counselors, as determined by the secretary of administration, that are in effect immediately before the effective date of this paragraph are void on the effective date of this paragraph. All orders of the department of health and family services regulating certified alcohol and drug counselors, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of regulation and licensing.
(c) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services relating to the certification of alcohol and drug counselors, as determined by the secretary of administration, shall become the assets and liabilities of the department of regulation and licensing.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services relating to the certification of alcohol and drug counselors, as determined by the secretary of administration, is transferred to the department of regulation and licensing.
(e) Contracts. All contracts entered into by the department of health and family services relating to the certification of alcohol and drug counselors in effect on the effective date of this paragraph remain in effect and are transferred to the department of regulation and licensing. The department of regulation and licensing shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of regulation and licensing to the extent allowed under the contract.
(f) Pending matters. Any matter pending with the department of health and family services relating to the regulation of alcohol and drug counselors on the effective date of this paragraph is transferred to the department of regulation and licensing and all materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of regulation and licensing.
(13f) Report on alternative funding for Refugee Family Strengthening Project. No later than January 1, 2006, the department of health and family services, in cooperation with the recipients under the Refugee Family Strengthening Project of grants under section 46.95 of the statutes, as affected by this act, in fiscal year 2004-05, shall report to the joint committee on finance on alternative funding sources for the Refugee Family Strengthening Project.
(13g) Report regarding evidence-based practices for treatment in drug offender diversion programs. By December 31, 2006, the department of health and family services shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section 13.172 (3) of the statutes, regarding how it determined, under section 16.964 (12) (c) 4. of the statutes, as created by this act, what are the evidence-based practices in substance abuse and mental health treatment.
(13n) Report on capping number of prescription drugs per recipient under public assistance programs. By July 1, 2006, the department of health and
family services shall submit a report to the joint committee on finance and, in the manner provided under section 13.172 (3) of the statutes, the appropriate standing committees of the legislature that includes an estimate of any savings that would accrue under the Medical Assistance program, the Badger Care health care program, and the program under section 49.688 of the statutes and any costs that would be incurred by the department or providers as a result of requiring prior authorization under these programs for a brand name prescription drug if the recipient has already received 5 or more covered brand name prescription drugs in the preceding 30 days.
(13p) Health Insurance Risk-Sharing Plan; administrator contract.
(a) Because the legislature has determined that it is in the best interest of the Health Insurance Risk-Sharing Plan to have the organization formed under section 149.11 (1) of the statutes, as affected by this act, administer the Health Insurance Risk-Sharing Plan, the department of health and family services shall immediately give written notice to the plan administrator under section 149.16, 2003 stats., terminating the contract between the department of health and family services and the plan administrator 180 days after the notice is given.
(b) Notwithstanding the treatment of sections 149.12 (1) and (1m) and 149.16 of the statutes, as affected by this act, the organization formed under section 149.11 (1) of the statutes, as affected by this act, shall enter into a contract with the plan administrator under section 149.16, 2003 stats., that has the same terms and conditions as the contract under paragraph (a) and under which the plan administrator has the same rights, duties, and obligations as it had under the contract under paragraph (a) and the organization has the same rights, duties, and obligations as the department of health and family services had under the contract under paragraph (a). The contract under this paragraph shall have a term beginning on the date on which the contract under paragraph (a) is terminated under paragraph (a). The department of health and family services, the plan administrator, and the organization shall cooperate with one another to ensure that the administration of the Health Insurance Risk-Sharing Plan continues without interruption after the termination of the contract under paragraph (a) and the commencement of the contract under this paragraph.
(13w) Managed care expansion; report. By January 1, 2007, the department of health and family services shall submit to the joint committee on finance a report that specifies all of the following:
(a) The status of the initiatives to enroll for services in managed care plans those recipients of Medical Assistance who are eligible for the Supplemental Security Income program and to expand managed care services for low-income families. The report shall include information that compares the assumptions regarding managed care plan enrollments and cost savings under the Medical Assistance program that are contained in the documents of the department of administration that accompany 2005 Assembly Bill 100 with the managed care plan enrollments and cost savings realized before July 1, 2006, and with the managed care plan enrollments and cost savings projected to occur before July 1, 2007.
(b) Any initiatives other than those specified in paragraph (a) that were assumed under the initiatives specified in paragraph (a) and that have been implemented by the department of health and family services to realize cost savings under the Medical Assistance program.
(14k) Prohibition against limitations on Medical Assistance reimbursement for psychotropic medications. During the 2005-07 fiscal biennium, the department of health and family services may not impose new limitations on reimbursement under the Medical Assistance Program, Badger Care, or the program under section 49.688 of the statutes for psychotropic medications, other than stimulants and related agents or selective serotonin reuptake inhibitors, that are prescribed to treat a mental illness.
(14p) Report on physician prescribing practices under Medical Assistance. By January 1, 2006, the department of health and family services shall submit to the joint committee on finance and, in the manner provided under section 13.172 (3) of the statutes, the appropriate standing committees of the legislature a report that includes the following information for each physician who is a certified provider of Medical Assistance, concerning prescriptions written by the physician in fiscal year 2004-05 for recipients of the Medical Assistance Program or Badger Care:
(a) The percentage of the prescriptions written for generic drugs and the percentage written for nongeneric drugs.
(b) The number and percentage of the prescriptions that required prior authorization.
(c) Of the prescriptions written for drugs for which a generic drug was available, the number and percentage that specified a nongeneric drug.
(14x)
Inmate mental health services pilot program.
(a) The department of health and family services shall in state fiscal year 2006-07 provide reimbursement for the provision of Medical Assistance-reimbursable services to up to 12 eligible inmates with severe and persistent mental illness following release from the Wisconsin Resource Center. Services provided to participants under the program under this subsection shall include all of the following:
1. Intensive case management, treatment, and support services.
2. Access to safe, secure residences.
3. Medication and medication monitoring.
4. Mental health counseling and other mental health treatment interventions, as appropriate.
5. Alcohol and other drug abuse treatment.
6. Vocational rehabilitation services.
7. Social skills training.
8. Educational and skill-based training, as appropriate.
(b) A program participant under this subsection shall be assigned a case manager 6 months before release, who will do all the following:
1. Apply for Medical Assistance on behalf of the participant 6 months before release.
2. Together with the participant's probation and parole agent, develop a comprehensive treatment and supervision plan for reentry into the community, under which all services will be available upon the participant's release and which shall be updated at least every 6 months and more frequently if necessary.
3. Complete progress notes every 3 months.
(c) Under the program under this subsection, the department of health and family services and the department of corrections shall seek to do all of the following:
1. Create programmatic continuity among institutional, community correctional, and community-based providers to enhance communication, coordination, and planning for offenders with severe and persistent mental illness who are scheduled for release from the Wisconsin Resource Center.
2. Ensure that mental health services that are necessary for successful reintegration are not interrupted.
3. Enhance the availability and coordination of community-based services.
4. Increase opportunities for employment and residential stability of released inmates.
5. Reduce reconvictions and rates of prison return.
(d) The department of corrections and the department of health and family services shall coordinate supervision services for participants in the program under this subsection.
(e) The department shall conduct a comprehensive evaluation of the program under this subsection, including data collection, analysis, and an annual report.
25,9122
Section 9122.
Nonstatutory provisions; higher educational aids board.
25,9123
Section 9123.
Nonstatutory provisions; historical society.
25,9124
Section 9124.
Nonstatutory provisions; Housing and Economic Development Authority.
25,9125
Section 9125.
Nonstatutory provisions; insurance.
25,9126
Section 9126.
Nonstatutory provisions; investment board.
25,9127
Section 9127.
Nonstatutory provisions; joint committee on finance.
