Amendment ASA1-AB100

AB100-ASA1, s. 2050m Section 2050m. 149.14 (8) of the statutes is repealed and recreated to read:

AB100-ASA1,809,15 149.14 (8) Subsidies. The board shall provide for subsidies for premiums, deductibles, and copayments for eligible persons with household incomes below a level established by the board.

AB100-ASA1, s. 2051c Section 2051c. 149.141 of the statutes is created to read:

AB100-ASA1,809,19 149.141 Premiums. The board shall set premiums for coverage under the plan at a level that is sufficient to cover 60 percent of plan costs, as provided in s. 149.143 (1).

AB100-ASA1, s. 2051m Section 2051m. 149.142 (1) (a) of the statutes is renumbered 149.142 (1) and amended to read:

AB100-ASA1,810,7 149.142 (1) Establishment of rates. Except as provided in par. (b), the department The board shall establish provider payment rates for covered expenses that consist of the allowable charges paid under s. 49.46 (2) for the services and articles provided plus an enhancement determined by the department board. The rates shall be based on the allowable charges paid under s. 49.46 (2), projected plan costs, and trend factors. Using the same methodology that applies to medical assistance under subch. IV of ch. 49, the department board shall establish hospital outpatient per visit reimbursement rates and hospital inpatient reimbursement rates that are specific to diagnostically related groups of eligible persons. The adjustments to the usual and customary rates shall be sufficient to cover 20 percent of plan costs, as provided in s. 149.143 (3).

AB100-ASA1, s. 2052c Section 2052c. 149.142 (1) (b) of the statutes is repealed.

AB100-ASA1, s. 2052m Section 2052m. 149.142 (2) of the statutes is repealed.

AB100-ASA1, s. 2053c Section 2053c. 149.143 of the statutes is repealed and recreated to read:

AB100-ASA1,810,12 149.143 Payment of plan costs. The board shall pay plan costs, including any premium, deductible, and copayment subsidies, as follows:

AB100-ASA1,810,13 (1) Sixty percent from premiums paid by eligible persons.

AB100-ASA1,810,14 (2) Twenty percent from insurer assessments under s. 149.13.

AB100-ASA1,810,16 (3) Twenty percent from adjustments to provider payment rates under s. 149.142.

AB100-ASA1, s. 2053m Section 2053m. 149.144 of the statutes is repealed.

AB100-ASA1, s. 2054c Section 2054c. 149.145 of the statutes is repealed.

AB100-ASA1, s. 2054m Section 2054m. 149.146 (1) (a) and (b) of the statutes are consolidated, renumbered 149.14 (2) (c) and amended to read:

AB100-ASA1,811,9 149.14 (2) (c) Beginning on January 1, 1998, in In addition to the coverage required under s. 149.14 pars. (a) and (b), the plan shall offer to all eligible persons who are not eligible for medicare Medicare a choice of coverage, as described in section 2744 (a) (1) (C), P.L. 104-191. Any such choice of coverage shall be major medical expense coverage. (b) An eligible person under par. (a) who is not eligible for Medicare may elect once each year, at the time and according to procedures established by the department board, among the coverages offered under this section and s. 149.14. If an eligible person elects new coverage, any preexisting condition exclusion imposed under the new coverage is met to the extent that the eligible person has been previously and continuously covered under this chapter. No preexisting condition exclusion may be imposed on an eligible person who elects new coverage if the person was an eligible individual when first covered under this chapter and the person remained continuously covered under this chapter up to the time of electing the new coverage paragraph and par. (a).

AB100-ASA1, s. 2055c Section 2055c. 149.146 (2) of the statutes is repealed.

AB100-ASA1, s. 2055m Section 2055m. 149.15 of the statutes is repealed.

AB100-ASA1, s. 2056c Section 2056c. 149.155 of the statutes is created to read:

AB100-ASA1,811,13 149.155 Additional duties of board. The board shall do all of the following:

AB100-ASA1,811,15 (1) Adopt policies for the administration of this chapter, including delegation of any part of its powers and its own procedures.

AB100-ASA1,811,17 (5) Seek to qualify the plan as a state pharmacy assistance program, as defined in 42 CFR 423.464.

AB100-ASA1,811,19 (6) Annually submit a report to the legislature under s. 13.172 (2) and to the governor on the operation of the plan.

AB100-ASA1, s. 2056m Section 2056m. 149.16 (title) of the statutes is repealed.

AB100-ASA1, s. 2057c Section 2057c. 149.16 (1m) of the statutes is repealed.

AB100-ASA1, s. 2057m Section 2057m. 149.16 (3) (a) of the statutes is renumbered 149.155 (2) and amended to read:

AB100-ASA1,811,25 149.155 (2) The plan administrator shall perform Perform all eligibility and administrative claims payment functions relating to the plan.

AB100-ASA1, s. 2058c Section 2058c. 149.16 (3) (b) of the statutes is renumbered 149.155 (3) and amended to read:

AB100-ASA1,812,5 149.155 (3) The plan administrator shall establish Establish a premium billing procedure for collection of premiums from insured persons. Billings shall be made on a periodic basis as determined by the department board.

AB100-ASA1, s. 2058m Section 2058m. 149.16 (3) (c) of the statutes is renumbered 149.155 (4), and 149.155 (4) (intro.), as renumbered, is amended to read:

AB100-ASA1,812,10 149.155 (4) (intro.) The plan administrator shall perform Perform all necessary functions to assure timely payment of benefits to covered persons under the plan, including:

AB100-ASA1, s. 2059c Section 2059c. 149.16 (3) (e) of the statutes is repealed.

AB100-ASA1, s. 2059m Section 2059m. 149.16 (4) of the statutes is repealed.

AB100-ASA1, s. 2060c Section 2060c. 149.16 (5) of the statutes is repealed.

AB100-ASA1, s. 2060m Section 2060m. 149.165 of the statutes is repealed.

AB100-ASA1, s. 2061c Section 2061c. 149.17 (1) of the statutes is amended to read:

AB100-ASA1,812,17 149.17 (1) Subject to ss. 149.14 (5m), s. 149.143 and 149.146 (2) (b), a rating plan calculated in accordance with generally accepted actuarial principles.

AB100-ASA1, s. 2061m Section 2061m. 149.17 (2) of the statutes is repealed.

AB100-ASA1, s. 2062c Section 2062c. 149.17 (4) of the statutes is repealed.

AB100-ASA1, s. 2062m Section 2062m. 149.175 of the statutes is repealed.

AB100-ASA1, s. 2063c Section 2063c. 149.20 of the statutes is repealed.

AB100-ASA1, s. 2065 Section 2065. 149.25 of the statutes is repealed.

AB100-ASA1, s. 2067 Section 2067. 153.05 (6m) of the statutes is amended to read:

AB100-ASA1,813,4 153.05 (6m) The department may contract with the group insurance board for the provision of data collection and analysis services related to health maintenance organizations and insurance companies that provide health insurance for state employees. The department shall establish contract fees for the provision of the services. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (4) (1) (hg).

AB100-ASA1, s. 2067g Section 2067g. 153.05 (14) of the statutes is created to read:

AB100-ASA1,813,8 153.05 (14) With respect to health care information required to be collected under this section from health care providers that are not hospitals or ambulatory surgery centers, the department shall do all of the following:

AB100-ASA1,813,11 (a) Develop procedures to ensure that data are submitted consistently and accurately, including clarifying the place-of-service codes and types of ancillary services that are required to be reported.

AB100-ASA1,813,13 (b) Work directly with individual physician practice groups to identify and correct data submission errors.

AB100-ASA1,813,15 (c) Develop and publish standard reports under s. 153.45 (1) (a) that are understandable by individuals other than medical professionals.

AB100-ASA1,813,16 (d) Make program data available in a timely fashion.

AB100-ASA1,813,19 (e) Enter into a memorandum of understanding with the department of regulation and licensing to improve the timeliness of updating physician information and to improve the assessment process under s. 153.60 (1).

AB100-ASA1, s. 2074 Section 2074. 153.60 (1) of the statutes is amended to read:

AB100-ASA1,814,17 153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and maintaining the board. The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (4) (1) (hi) during the fiscal year, and the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (4) (1) (hi) from the prior fiscal year and the amount in the appropriation account under s. 20.435 (1) (dg), 1997 stats., for the fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (4) (1) (hg).

AB100-ASA1, s. 2075 Section 2075. 153.60 (3) of the statutes is amended to read:

AB100-ASA1,815,4 153.60 (3) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures required for the collection, database development and maintenance and generation of public data files and standard reports for health care plans that voluntarily agree to supply health care data under s. 153.05 (6r). The department shall assess the estimated total amount for that fiscal year to health care plans in a manner specified by the department by rule and may enter into an agreement with the office of the commissioner of insurance for collection of the assessments. Each health plan that voluntarily agrees to supply this information shall pay the assessments on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (4) (1) (hg) and may be used solely for the purposes of s. 153.05 (6r).

AB100-ASA1, s. 2076 Section 2076. 153.65 (1) of the statutes is amended to read:

AB100-ASA1,815,12 153.65 (1) The department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (4) (1) (hi).

AB100-ASA1, s. 2081na Section 2081na. 157.061 (2g) of the statutes is created to read:

AB100-ASA1,815,14 157.061 (2g) "Cemetery board" means the board created in s. 15.405 (3m).

AB100-ASA1, s. 2081nb Section 2081nb. 157.08 (2) (b) of the statutes is amended to read:

AB100-ASA1,816,9 157.08 (2) (b) Before a cemetery authority sells or encumbers any cemetery land, except for a sale described in par. (a), the cemetery authority shall notify the department cemetery board in writing of the proposed sale or encumbrance. If within 60 days after the department cemetery board is notified of the proposed sale or encumbrance the department cemetery board notifies the cemetery authority in writing that the department cemetery board objects to the sale or encumbrance the cemetery authority may not sell or encumber the cemetery land unless the department cemetery board subsequently notifies the cemetery authority in writing that the objection is withdrawn. The department cemetery board may object to a sale or encumbrance only if it determines that the cemetery authority will not be financially solvent or that the rights and interests of owners of cemetery lots and mausoleum spaces will not be adequately protected if the sale or encumbrance occurs. The department cemetery board may, before the expiration of the 60-day period, notify the cemetery authority in writing that the department cemetery board approves of the sale or encumbrance. Upon receipt of the department's cemetery board's written approval, the cemetery authority may sell or encumber the cemetery land and is released of any liability under this paragraph. The department cemetery board shall make every effort to make determinations under this paragraph in an expeditious manner.

AB100-ASA1, s. 2081nc Section 2081nc. 157.08 (5) of the statutes is amended to read:

AB100-ASA1,816,14 157.08 (5) Subsections (1) and (2) (b) do not apply to a religious society organized under ch. 187, and sub. (2) (b) does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

AB100-ASA1, s. 2081nd Section 2081nd. 157.11 (11) of the statutes is amended to read:

AB100-ASA1,816,18 157.11 (11) Exemption for certain nonprofit cemeteries. Subsection (9g) does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

AB100-ASA1, s. 2081ne Section 2081ne. 157.128 (3) (b) of the statutes is amended to read:

AB100-ASA1,816,22 157.128 (3) (b) A cemetery consisting of less than 20 contiguous acres may be dedicated by a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

AB100-ASA1, s. 2081ng Section 2081ng. 157.19 (5) (a) of the statutes is amended to read:

AB100-ASA1,817,5 157.19 (5) (a) This section does not apply to care funds under s. 157.11 (9g) that are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds of a cemetery for which a certification under s. 157.63 is effective, to preneed trust funds of a cemetery for which a certification under s. 440.92 (9) is effective, or to care funds or preneed trust funds of a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

AB100-ASA1, s. 2081ni Section 2081ni. 157.625 (3) of the statutes is amended to read:

AB100-ASA1,817,9 157.625 (3) Section 157.62 does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

AB100-ASA1, s. 2081s Section 2081s. 157.65 (2) of the statutes is amended to read:

AB100-ASA1,817,21 157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of regulation and licensing board described in s. 15.405 (3m) or the department of commerce to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

AB100-ASA1, s. 2086 Section 2086. 165.755 (1) (a) of the statutes is amended to read:

AB100-ASA1,818,2 165.755 (1) (a) Except as provided in par. (b), a court shall impose under ch. 814 a crime laboratories and drug law enforcement surcharge of $7 $8 if the court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

AB100-ASA1, s. 2086s Section 2086s. 165.89 (title) and (4) of the statutes are created to read:

AB100-ASA1,818,4 165.89 (title) Grants to certain counties for law enforcement programs.

AB100-ASA1,818,8 (4) Notwithstanding subs. (1) and (2) and any criteria and procedures developed under sub. (3), the department shall allocate $300,000 to Forest County each fiscal year from the appropriation account under s. 20.455 (2) (kq) to fund law enforcement services.

AB100-ASA1, s. 2088m Section 2088m. 165.91 (title) of the statutes is created to read:

AB100-ASA1,818,10 165.91 (title) Grants to tribes for law enforcement programs.

AB100-ASA1, s. 2094 Section 2094. 168.01 (2) of the statutes is amended to read:

AB100-ASA1,818,25 168.01 (2) "Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. "Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. "Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. "Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement or by a 2-party exchange under section 4105 of the Internal Revenue Code. "Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.

AB100-ASA1, s. 2094f Section 2094f. 168.12 (1) of the statutes is amended to read:

AB100-ASA1,819,8 168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 2 cents per gallon on all petroleum products that are received by a supplier for sale in this state or for sale for export to this state. The department of revenue shall determine when a petroleum product is received under this subsection in the same manner that it determines under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

AB100-ASA1, s. 2094m Section 2094m. 180.0122 (1) (u) of the statutes is amended to read:

AB100-ASA1,819,13 180.0122 (1) (u) Application for certificate of authority, $100, and $2 $3 for every $1,000 or fraction thereof of the foreign corporation's capital exceeding $60,000 employed or to be employed in this state, computed as provided in s. 180.1503, as shown by the application.

AB100-ASA1, s. 2095 Section 2095. 180.0122 (1) (w) of the statutes is amended to read:

AB100-ASA1,819,20 180.0122 (1) (w) Application for certificate of withdrawal, $40, and in case that application shows that the foreign corporation employs in this state capital in excess of the amount of capital on which a fee has previously been paid, computed as provided in s. 180.1520 (2) (f), an additional fee which, with previous payments made on account of capital employed in this state, will amount to $2 $3 for each $1,000 or fraction thereof of the excess.