106.50 (6) (c) 2. At the conclusion of the investigation of the allegations, the department shall make a determination as to whether probable cause exists to believe that discrimination has occurred or is about to occur. In making a determination of probable cause, the department shall consider whether the facts concerning the alleged discrimination are sufficient to warrant the initiation of a civil action. If the department determines that probable cause exists, the department shall immediately issue a charge on behalf of the aggrieved person and refer the charge to the attorney general. If the attorney general concurs in the department's determination of probable cause, the attorney general shall represent the aggrieved person at the hearing under par. (f) or, if an election is made under subd. 2m., shall commence a civil action in the name of the state on behalf of the aggrieved person under sub. (6m).
2m. Service of copies of the charge shall be made on the complainant, the respondent, and the aggrieved person by certified mail, return receipt requested. When a charge is filed, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action under sub. (6m) in lieu of a hearing under par. (f). The election shall be made no later than 20 days after the receipt by the electing person of service of the charge, along with information about how to make the election. If an election is made, the person making the election shall give notice of doing so to the department and to all other complainants and respondents to whom the charge relates. The department shall notify the aggrieved persons that an election is made.
SECTION 1839i. 106.50 (6) (d) of the statutes is amended to read:
106.50 (6) (d) Temporary judicial relief. At any time after a complaint is filed alleging discrimination in violation of sub. (2), (2m), or (2r), the department may request the attorney general to file a petition in the circuit court for the county in which the act of discrimination allegedly occurred or for the county in which a respondent resides or transacts business, seeking a temporary injunction or restraining order against the respondent to prevent the respondent from performing an act that would tend to render ineffectual an order that the department may enter with respect to the complaint, pending final determination of proceedings under this section. On receipt of the department's request, the attorney general shall promptly file the petition.
SECTION 1839k. 106.50 (6) (e) 4. of the statutes is amended to read:
106.50 (6) (e) 4. Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement, the department shall refer the matter to the department of justice attorney general with a recommendation that a civil action be filed for enforcement of the agreement.
SECTION 1839m. 106.50 (6) (f) 2. of the statutes is amended to read:
106.50 (6) (f) 2. If an election is not made under par. (c) 2. 2m., the hearing shall be conducted by a hearing examiner. A If the attorney general has concurred in the department's determination of probable cause under par. (c) 2., the aggrieved person on whose behalf the charge was issued shall be represented by the attorney general. Any other person who is aggrieved, with respect to the issues to be determined at the hearing, may be represented by private counsel.
SECTION 1839n. 106.50 (6) (f) 3. of the statutes is amended to read:
106.50 (6) (f) 3. The department, the attorney general, or a party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney shall be in substantially the same form as provided in s. 805.07 (4) and shall be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the hearing examiner who is responsible for conducting the hearing.
SECTION 1839p. 106.50 (6m) (a) of the statutes is amended to read:
106.50 (6m) (a) Any person, including the state, alleging a violation of sub. (2), (2m), or (2r), including the attorney general on behalf of an aggrieved person, may bring a civil action for injunctive relief, for damages, including punitive damages, and, in the case of a prevailing plaintiff, for court costs and reasonable attorney fees.".
2.
Page 1121, line 10: after that line insert:
"(3k) OPEN HOUSING ENFORCEMENT. The treatment of section 106.50 (6) (c) 2., (d), (e) 4., and (f) 2. and 3. and (6m) (a) of the statutes first applies to probable cause determinations under section 106.50 (6) (c) 2. of the statutes, as affected by this act, made on the effective date of this subsection.".
3.
Page 1132, line 10: after that line insert:
"(3k) OPEN HOUSING ENFORCEMENT. The treatment of section 106.50 (6) (c) 2., (d), (e) 4., and (f) 2. and 3. and (6m) (a) of the statutes and SECTION 9354 (3k) of this act take effect on January 1, 2006.".
(End)
LRBb0217LRBb0217/1
DAK:lmk:ch
2005 - 2006 LEGISLATURE
LFB:......Morgan - SSI managed care MA expansion
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1082, line 16: after that line insert:
"(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.".
(End)
LRBb0218LRBb0218/1
DAK:cjs:rs
2005 - 2006 LEGISLATURE
LFB:......Morgan - CIP II relocations and nursing home reimbursement
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 466, line 25: after "individual" insert "who has resided in a nursing home for at least 100 consecutive days and".
2.
Page 1082, line 16: after that line insert:
"(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.".
(End)
LRBb0219LRBb0219/1
DAK:cjs:jf
2005 - 2006 LEGISLATURE
LFB:......Morgan - Nursing home reimbursement; delete flat rate payment
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 553, line 17: delete the material beginning with that line and ending with page 554, line 18.
2.
Page 1078, line 20: delete the material beginning with that line and ending with page 1079, line 2.
3.
Page 1125, line 10: delete lines 10 to 12.
(End)
LRBb0220LRBb0220/1
DAK:cjs:jf
2005 - 2006 LEGISLATURE
LFB:......Morgan - Construction costs under CIP IA
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 465, line 25: delete the material beginning with that line and ending with page 466, line 2.
(End)
LRBb0221LRBb0221/1
DAK:cjs:pg
2005 - 2006 LEGISLATURE
LFB:......Morgan - Prohibit use of functional screen for MA nursing home levels of care
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 554, line 18: after that line insert:
"SECTION 1132f. 49.45 (6m) (m) of the statutes is created to read:
49.45 (6m) (m) The department may not use the criteria for functional eligibility specified in s. 46.286 (1) (a) to determine rates of payment to facilities under this subsection.".
2.
Page 591, line 2: after that line insert:
"SECTION 1217r. 50.04 (2d) of the statutes is created to read:
50.04 (2d) RESIDENT LEVELS OF CARE. The department may not require a nursing home to use the criteria for functional eligibility specified in s. 46.286 (1) (a) to determine resident levels of care under sub. (2) (d).".
(End)
LRBb0222LRBb0222/1
DAK:kjf:rs
2005 - 2006 LEGISLATURE
LFB:......Morgan - Acuity-based MA nursing home rate payment system
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 552, line 23: after that line insert:
"SECTION 1125s. 49.45 (6m) (a) 6. of the statutes is created to read:
49.45 (6m) (a) 6. "Resource Utilization Groupings III" means a comparative resource utilization grouping that classifies each facility resident based on information obtained from performing, for the resident, a minimum data set assessment developed by the federal Centers for Medicare and Medicaid Services.".
2.
Page 553, line 20: after that line insert:
"SECTION 1128m. 49.45 (6m) (ag) 3p. of the statutes is created to read:
49.45 (6m) (ag) 3p. For all costs specified under par. (am) 1. bm., an acuity-based payment rate system to which all of the following applies:
a. The system shall incorporate acuity measurements under the most recent Resource Utilization Groupings III methodology to determine factors for case-mix adjustment.
b. Four times annually, for each facility resident who is a Medical Assistance recipient on March 31, June 30, September 30, or December 31, as applicable, the system shall determine the average case-mix index by use of the factors specified under subd. 3p. a.
c. The system shall incorporate payment adjustments for dementia, behavioral needs, or other complex medical conditions.
d. The system may include incentives for providing high quality of care.
e. The system shall identify the extent to which payment is made to facilities, under the system, for facilities' direct care nursing costs allowable under Medical Assistance.".
(End)
LRBb0223LRBb0223/1
DAK:kjf:pg
2005 - 2006 LEGISLATURE
LFB:......Morgan - ICFMR downsizing--Jefferson County
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 469, line 5: after that line insert:
"SECTION 872p. 46.279 (4n) of the statutes is created to read:
46.279 (4n) CONTRACT FOR PLAN PAYMENT. The department and the county specified in sub. (4m) (a) shall negotiate a contract under which the department shall provide payment, from the appropriation account under s. 20.435 (4) (b), to implement a plan to provide care in a noninstitutional community setting to an individual who has established residence in the county in order to be admitted to an intermediate facility in the county. The contract may provide for the negotiation of a memorandum of understanding between the parties that identifies the relative functions and duties of the department and the county in implementing plans under sub. (4) for residents of intermediate facilities in the county.".
(End)
LRBb0224LRBb0224/1
RPN:jld:rs
2005 - 2006 LEGISLATURE
LFB:......Onsager (Paul) - Crime victim and witness surcharge on certain forfeitures
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1047, line 21: after that line insert:
"SECTION 2450d. 814.77 (3m) of the statutes is created to read:
814.77 (3m) The crime victim and witness assistance surcharge under s. 973.045 (1m).
SECTION 2450g. 814.78 (4m) of the statutes is created to read:
814.78 (4m) The crime victim and witness assistance surcharge under s. 973.045 (1m).
SECTION 2450m. 814.79 (3m) of the statutes is created to read:
