Amendment AA9-ASA1-AB100

AB100-ASA1-AA9,34,13 153.07 (5) By January 1, 2006, and at least annually thereafter, the board shall report to the governor on the plans, activities, accomplishments, and recommendations of the board.

AB100-ASA1-AA9, s. 2068m Section 2068m. 153.07 (6) of the statutes is created to read:

AB100-ASA1-AA9,34,17 153.07 (6) The board shall annually assess the extent to which automated information and decision support systems are used by health care providers in this state.

AB100-ASA1-AA9, s. 2068p Section 2068p. 153.07 (7) of the statutes is created to read:

AB100-ASA1-AA9,34,21 153.07 (7) The board shall annually assess options and develop a plan and specific strategies to achieve automation of all health care systems in the state by 2010 or as soon as practicable.

AB100-ASA1-AA9, s. 2068r Section 2068r. 153.07 (8) of the statutes is created to read:

AB100-ASA1-AA9,34,24 153.07 (8) The board shall administer the health care quality improvement fund.

AB100-ASA1-AA9, s. 2068t Section 2068t. 153.07 (9) of the statutes is created to read:

AB100-ASA1-AA9,35,3 153.07 (9) The board may accept gifts, grants, bequests, and devises to be used in the execution of its functions.

AB100-ASA1-AA9, s. 2068v Section 2068v. 153.076 of the statutes is created to read:

AB100-ASA1-AA9,35,5 153.076 Grants and loans. (1) In this section:

AB100-ASA1-AA9,35,8 (a) "Clinic" means a place, other than a residence, that is used primarily for the provision of nursing, medical, podiatric, dental, chiropractic, or optometric care and treatment.

AB100-ASA1-AA9,35,9 (b) "Health maintenance organization" has the meaning given in s. 609.01 (2).

AB100-ASA1-AA9,35,10 (c) "Hospital" has the meaning given in s. 50.33 (2).

AB100-ASA1-AA9,35,11 (d) "Physician" has the meaning given in s. 448.01 (5).

AB100-ASA1-AA9,35,15 (2) (a) From the appropriation under s. 20.505 (4) (qb), the board may make grants or loans, under procedures and criteria determined by the board, to clinics, health maintenance organizations, or other health care systems, hospitals, or physicians for any of the following projects:

AB100-ASA1-AA9,35,18 1. Installation of computer-assisted physician order entry, electronic medical records, or other information system infrastructure, including clinical decision support systems, to improve the quality, safety, and efficiency of patient care.

AB100-ASA1-AA9,35,22 2. Development of health information exchanges, integrated health care data repositories, and interoperable systems to facilitate the reporting of quality, safety, and efficiency information for purposes of health care system improvement or related purposes by informing consumers and health care purchasers.

AB100-ASA1-AA9,35,24 3. Demonstration, through pilot projects, of rapid cycle improvement in quality, safety, and efficiency of care.

AB100-ASA1-AA9,36,2 4. Facilitation of group purchases of medical technology systems by assisting health care providers in forming collaborative agreements for technology.

AB100-ASA1-AA9,36,4 (b) Repayment of any loans made under par. (a) shall be deposited into the health care quality improvement fund.".

AB100-ASA1-AA9,36,5 55. Page 815, line 12: after that line insert:

AB100-ASA1-AA9,36,6 " Section 2077h. 153.75 (title) of the statutes is amended to read:

AB100-ASA1-AA9,36,7 153.75 (title) Rule making and enforcement.

AB100-ASA1-AA9, s. 2077i Section 2077i. 153.75 (3) of the statutes is created to read:

AB100-ASA1-AA9,36,14 153.75 (3) Notwithstanding sub. (1) (a), (b), (f), (m), (n), (o), (s), (t), and (u) and ss. 153.05 (1), (5), and (8) and 153.45, after June 30, 2007, the department may not enforce rules promulgated under this chapter before July 1, 2007, relating to claims data to be submitted by physicians, to procedures for verification, review, and comment on the claims data, to adjustment of the data, and to waiver of the data submission requirement.

AB100-ASA1-AA9, s. 2077j Section 2077j. 153.75 (4) of the statutes is created to read:

AB100-ASA1-AA9,36,20 153.75 (4) Notwithstanding sub. (1) (a), (b), (f), (m), (n), (o), (q), (t), and (u), and ss. 153.05 (1), (5) and (8), 153.21, and 153.45, after the effective date of this subsection .... [revisor inserts date], the department may not enforce rules promulgated under this chapter before the effective date of this subsection .... [revisor inserts date], relating to any of the following:

AB100-ASA1-AA9,36,23 (a) The collection, from physicians, of health care plan affiliations and updating information, hospital privileges updating information, and workforce and practice information.

AB100-ASA1-AA9,37,2 (b) The collection, from dentists, chiropractors, and podiatrists, of workforce and practice information.

AB100-ASA1-AA9,37,5 (c) Procedures for verification, review, and comment on the information specified under pars. (a) and (b), to adjustment of the information, and to waiver of the information collection requirement.

AB100-ASA1-AA9, s. 2077L Section 2077L. 153.75 (5) of the statutes is created to read:

AB100-ASA1-AA9,37,10 153.75 (5) After the effective date of this subsection .... [revisor inserts date], notwithstanding ss. 227.10 (1) and 227.11 (2) (a) and (d), the department may promulgate under this chapter only rules that are first approved by the health care quality and patient safety board.

AB100-ASA1-AA9, s. 2077n Section 2077n. 153.76 of the statutes is amended to read:

AB100-ASA1-AA9,37,15 153.76 Rule-making by the independent review board. Notwithstanding s. 15.01 (1r), the independent review board may promulgate only those rules that are first reviewed and approved by the health care quality and patient safety board on health care information.".

AB100-ASA1-AA9,37,16 56. Page 823, line 23: after that line insert:

AB100-ASA1-AA9,37,17 " Section 2112j. 231.03 (intro.) of the statutes is amended to read:

AB100-ASA1-AA9,37,21 231.03 Powers. (intro.) The authority has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, subject to s. 231.035 the authority may:

AB100-ASA1-AA9, s. 2112m Section 2112m. 231.035 of the statutes is created to read:

AB100-ASA1-AA9,38,4 231.035 Health care quality and patient safety board approval. Beginning on the effective date of this section .... [revisor inserts date], the authority may not provide any financial assistance to a health facility, hospital, or participating health institution unless the health facility, hospital, or participating health institution demonstrates to the health care quality and patient safety board that it is making progress to improve medical information systems technology.".

AB100-ASA1-AA9,38,5 57. Page 831, line 4: after that line insert:

AB100-ASA1-AA9,38,6 " Section 2144n. 254.42 of the statutes is created to read:

AB100-ASA1-AA9,38,10 254.42 State vehicle use. The department of administration shall assign from the state vehicle fleet 2 vehicles for use by the department of health and family services for inspections, monitoring, enforcement, and other activities required of the department of health and family services under this subchapter.".

AB100-ASA1-AA9,38,11 58. Page 908, line 18: after that line insert:

AB100-ASA1-AA9,38,12 " Section 2430k. 655.27 (6) of the statutes is amended to read:

AB100-ASA1-AA9,38,23 655.27 (6) Purpose and integrity of fund. The fund is established to ensure the availability of health care providers in this state, to curb the rising costs of health care by financing part of the liability incurred by health care providers as a result of medical malpractice claims and, to ensure that proper claims are satisfied, and to enable the deployment of health care information systems technology for health care quality, safety, and efficiency, as specified in s. 153.076 (2). The fund, including any net worth of the fund, is held in irrevocable trust for the sole benefit of health care providers participating in the fund and proper claimants and for the deployment of health care information systems technology for health care quality, safety, and efficiency by the health care quality and patient safety board. Moneys in the fund may not be used for any other purpose of the state.".

AB100-ASA1-AA9,38,24 59. Page 934, line 6: after that line insert:

AB100-ASA1-AA9,39,5 "(13v) Health care quality and patient safety board; initial appointments. Notwithstanding the length of terms specified in section 15.105 (13) (b) of the statutes, as created by this act, the initial members of the health care quality and patient safety board shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:

AB100-ASA1-AA9,39,7 (a) The representative of hospitals, the employer purchaser of health care, and the representative of the insurance industry, for terms expiring on May 1, 2009.

AB100-ASA1-AA9,39,9 (b) The physician, the representative of health maintenance organizations, and the member who represents the public interest, for terms expiring on May 1, 2011.

AB100-ASA1-AA9,39,14 (13w) Health care quality and patient safety board; study of physician information database. By March 1, 2006, the health care quality and patient safety board shall study and make recommendations to the governor concerning the feasibility of creating a centralized physician information database, including through a joint public and private effort.

AB100-ASA1-AA9,39,17 (13x) Health care quality and patient safety board; study of rules. By October 1, 2006, the health care quality and patient safety board shall do all of the following:

AB100-ASA1-AA9,39,20 (a) Study and make recommendations to the governor concerning the rules required and authorized to be promulgated by the department of health and family services under section 153.75 of the statutes.

AB100-ASA1-AA9,39,23 (b) Promote the collection and availability of information regarding the quality and price of health care required to enable consumers and health care purchasers to make wise health care choices.

AB100-ASA1-AA9,40,2 (c) Foster the creation and evolution of public-private health care partnerships, agreements on standard health care data sets and reporting protocols, and transparency of health care information for purchasing purposes, including the development of an integrated health care data repository.

AB100-ASA1-AA9,40,15 (13y) Health care quality and patient safety board; plan and strategies. By January 1, 2007, develop a plan and specific strategies, including awarding grants or making loans under section 153.076 (2) of the statutes, as created by this act, to deploy health care information systems technology for health care quality, safety, and efficiency, within a reasonable time and using reasonable financial investments. The plan shall consider the extent to which an integrated or interoperable system or underlying technology may be most cost effective, including by assessing benefits of the system for supporting rapid deployment for supporting medical care practitioners, promoting accurate and appropriate shared information about individual patients among health care providers, standardizing performance indicators among health care provider organizations to improve organization performance, and public reporting of quality, safety, and efficiency data for consumer and health care purchaser decision making.".

AB100-ASA1-AA9,40,16 60. Page 980, line 9: after that line insert:

AB100-ASA1-AA9,40,17 "(16v) Transfer of functions of the board on health care information.

AB100-ASA1-AA9,40,22 (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 the functions of the board on health care information, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB100-ASA1-AA9,41,3 (b) Position and employee transfers. All incumbent employees holding positions in the department of health and family services performing duties primarily related to the functions of the board on health care information, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of administration.

AB100-ASA1-AA9,41,9 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they 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.

AB100-ASA1-AA9,41,14 (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 the functions of the board on health care information, as determined by the secretary of administration, is transferred to the department of administration.

AB100-ASA1-AA9,41,20 (e) Contracts. 1. All contracts entered into by the board on health care information in effect on the effective date of this subdivision remain in effect and are transferred to the health care quality and patient safety board. The health care quality and patient safety board shall carry out any obligations under such a contract until the contract is modified or rescinded by the health care quality and patient safety board to the extent allowed under the contract.

AB100-ASA1-AA9,42,2 2. All contracts entered into by the department of health and family services in effect on the effective date of this subdivision that are primarily related to the functions of the board on health care information, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB100-ASA1-AA9,42,6 (f) Rules and orders. All rules promulgated by the board on health care information that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until amended or repealed by the health care quality and patient safety board.

AB100-ASA1-AA9,42,12 (g) Pending matters. Any matter pending with the board on health care information on the effective date of this paragraph is transferred to the health care quality and patient safety board and all materials submitted to or actions taken by the board on health care information with respect to the pending matter are considered as having been submitted to or taken by the health care quality and patient safety board.

AB100-ASA1-AA9,42,18 (16w) Health care information; rule making. Notwithstanding the requirement and authorization for the department of health and family services to promulgate rules under section 153.75 of the statutes, as affected by this act, before July 1, 2007, the department of health and family services may promulgate under section 153.75 of the statutes only rules that are first approved by the health care quality and patient safety board.".

AB100-ASA1-AA9,42,19 61. Page 1019, line 20: after that line insert:

AB100-ASA1-AA9,43,2 "(4g) Community Integration Program rate increase. (a) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2005, the dollar amount is increased by $4,868,600 for fiscal year 2005-06 and the dollar amount is increased by $9,737,100 for fiscal year 2006-07 to increase the reimbursement rate for the Community Integration Program under section 46.278 of the statutes to $74.67 per day beginning January 1, 2006.

AB100-ASA1-AA9,43,9 (b) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (o) of the statutes, as affected by the acts of 2005, the dollar amount is increased by $6,723,200 for fiscal year 2005-06 and the dollar amount is increased by $13,446,500 for fiscal year 2006-07 to increase the reimbursement rate for the Community Integration Program under section 46.278 of the statutes to $74.67 per day beginning January 1, 2006.

AB100-ASA1-AA9,43,16 (4rv) Menomonie rural health dental clinic. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (5) (dm) of the statutes, as affected by the acts of 2005, the dollar amount is increased by $144,400 for fiscal year 2005-06 and the dollar amount is increased by $144,400 for fiscal year 2006-07 to provide funding to the rural health dental clinic specified under section 146.65 (1) (b) of the statutes, as affected by this act.

AB100-ASA1-AA9,44,2 (4w) Start-up funding for program to provide health care to uninsured in Milwaukee County. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (5) (am) of the statutes, as affected by the acts of 2005, the dollar amount is increased by $150,000 for fiscal year 2005-06 to provide funding to the medical society of Milwaukee and partnerships for healthy Milwaukee to develop a program for volunteer health care providers to provide health care services to low-income residents of Milwaukee County who do not have health insurance and are not eligible for the Medical Assistance program or the Milwaukee County General Assistance Medical Program.".

AB100-ASA1-AA9,44,3 62. Page 1020, line 10: after that line insert:

AB100-ASA1-AA9,44,7 "(3v) Health care quality improvement fund. There is transferred from the injured patients and families compensation fund to the health care quality improvement fund $169,703,400 in fiscal year 2005-06 and $9,714,000 in fiscal year 2006-07.".

AB100-ASA1-AA9,44,8 63. Page 1032, line 21: delete lines 21 to 23.

AB100-ASA1-AA9,44,9 64. Page 1042, line 14: after that line insert:

AB100-ASA1-AA9,44,13 "(3w) Creation of health care quality and patient safety board. The treatment of sections 15.07 (2) (n), 15.105 (13), 153.07 (5) to (9), 153.076, 231.03, and 231.035 of the statutes and Section 9101 (13v), (13w), (13x), and (13y) of this act take effect on October 1, 2005.".

AB100-ASA1-AA9,44,14 65. Page 1044, line 6: after that line insert:

AB100-ASA1-AA9,44,17 "(4q) Home visitation services. The treatment of sections 20.435 (5) (ab) (by Section 322g), 46.515 (1) (i) and (j), (2) (by Section 890g), (3) (title), (a), and (b), and 46.516 of the statutes takes effect on January 1, 2007.".

AB100-ASA1-AA9,44,18 66. Page 1045, line 21: after that line insert:

AB100-ASA1-AA9,44,21 "(13f) Physician order entry record system. The treatment of sections 20.435 (4) (b) and (7) (bd) and 49.45 (6ur) and (6v) (by Section 1133j) of the statutes takes effect on January 1, 2007.

AB100-ASA1-AA9,45,2 (13v) Elimination of board on health care information. The treatment of sections 15.07 (2) (b) and (3) (bm) 1., 15.195 (6), 16.03 (3), 20.435 (4) (hg), 153.01 (2), and 153.76 of the statutes and Section 9121 (16v) and (16w) of this act take effect on October 1, 2005.

AB100-ASA1-AA9,45,11 (13w) Medical Assistance payments. The repeal of sections 20.435 (4) (rg) and 25.775 (1) and (5) of the statutes and the amendment of sections 46.27 (9) (a) (by Section 857i) and (10) (a) 1. (by Section 857n), 46.275 (5) (a) (by Section 862y) and (c) (by Section 865q), 46.278 (6) (d) (by Section 870h), 46.283 (5) (by Section 873t), 46.284 (5) (a) (by Section 873v), 49.45 (2) (a) 17. (by (Section 1120s), (6m) (ag) (intro.) (by Section 1125y), (6L) (b) (by Section 1133g), (6y) (a) (by Section 1135q) and (am) (by Section 1135s), (6z) (a) (intro.) (by Section 1135u), (8) (b) (by Section 1136i), and (24m) (intro.) (by Section 1145i), 49.472 (6) (a) (by Section 1160i) and (b) (by Section 160n), and 49.473 (5) (by Section 1160q) of the statutes take effect on June 30, 2007.".

AB100-ASA1-AA9,45,12 (End)