For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
commerce and economic development
Economic development
Currently DOA may not allocate more than $3.2 million of federal funds for the payment of assistance to meet weather-related or fuel supply shortage emergencies. This bill eliminates this $3.2 million restriction.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 16.27 (3) (e) 2. of the statutes is repealed.

SECTION 2. 16.27 (3) (e) 3. of the statutes is amended to read:

16.27 (3) (e) 3. Except as provided under subd. 6., allocate the balance of funds received under 42 USC 8621 to 8629 in a federal fiscal year, after making the allocations under pars. (c) and (d) and subds. 1. and 2. subd. 1., for the payment of heating assistance or for the payment of crisis assistance under sub. (6).

SECTION 3. 16.54 (2) (b) of the statutes is amended to read:

16.54 (2) (b) Upon presentation by the department to the joint committee on finance of alternatives to the provisions under s. 16.27, the joint committee on finance may revise the eligibility criteria under s. 16.27 (5), or benefit payments under s. 16.27 (6) or the amount allocated for crises under s. 16.27 (3) (e) 2., and the department shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department shall submit to the joint committee on finance a plan for expenditure of the funds. The department may not use the funds unless the committee approves the plan.
(End)
LRB-0745LRB-0745/2
RCT:wlj:rs
2005 - 2006 LEGISLATURE

DOA:......Dombrowski, BB0250 - Waste facility siting board changes
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Other environment
Under current law, the Waste Facility Siting Board (WFSB) facilitates negotiation and arbitration between local governments and persons who want to establish or expand solid waste disposal facilities. WFSB is attached to DOA for administrative purposes. Current law authorizes WFSB to appoint an executive director in the unclassified service.
This bill authorizes WFSB to appoint the executive director in the classified service or in the unclassified service. The bill authorizes WFSB to contract with any state agency to provide assistance necessary for WFSB to fulfill its duties. The bill also provides for the lapse of the unencumbered balance in WFSB's appropriation to the general fund at the end of the fiscal year. The appropriation is funded by a fee imposed on persons who dispose of solid and hazardous waste.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 15.105 (12) (e) of the statutes is amended to read:

15.105 (12) (e) Executive director. The board shall appoint an executive director under or outside of the classified service to serve at its pleasure.

SECTION 2. 15.105 (12) (f) of the statutes is amended to read:

15.105 (12) (f) Assistance. The executive director board may request contract with any state agency to provide assistance necessary for the board to fulfill its duties.

SECTION 3. 20.505 (4) (k) of the statutes is amended to read:

20.505 (4) (k) Waste facility siting board; general program operations. The amounts in the schedule for the general program operations of the waste facility siting board. All moneys transferred from the appropriation account under s. 20.370 (2) (eg) shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance of this appropriation account at the end of each fiscal year shall lapse to the general fund.

SECTION 4. 230.08 (2) (x) of the statutes is amended to read:

230.08 (2) (x) The executive director of the waste facility siting board, unless the board chooses to appoint the executive director under the classified service.
(End)
LRB-0746LRB-0746/4
DAK:wlj:rs
2005 - 2006 LEGISLATURE

DOA:......Blaine, BB0247 - Remove sunset on supplemental MA payments made from community aids
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Medical Assistance
Under current law, DFHS administers Medical Assistance (MA), which is a joint federal-state program under which persons with low income and few assets are provided health care services. The Community Aids Program (CAP) is funded from state general purpose revenues and federal block grant moneys; under it, DHFS distributes to county departments of social services, human services, community programs, and developmental disabilities services moneys for community social, mental health, developmental disabilities, and alcohol and other drug abuse services and certain other services. Until January 1, 2006, DHFS may make, from general purpose revenues for CAP, payment for MA services provided by the county departments and by local health departments. The MA services for which these payments may be made include early and periodic screening and diagnosis; home health services; services and supplies for family planning; physical and occupational therapy; speech, hearing, and language disorder services; medical day treatment services; certain mental health and alcohol and other drug abuse services; certain nursing services; personal care services; respiratory care services; care coordination for high-risk pregnancies; prenatal, postpartum, and young child care coordination; lead poisoning and lead exposure services; mental health crisis intervention services; and certain case management services. Also until January 1, 2006, DHFS may make, from the general purpose revenues for CAP, MA payments to providers of personal care, home health, and respiratory care services.
This bill eliminates the January 1, 2006, sunset on the payment, from general purpose revenues for CAP, of MA payments to county departments and local health departments and to providers of personal care home health, and respiratory care services.
Under current law, during 2006, DHFS must make payments from the MA trust fund to hold county departments and local health departments harmless for the elimination, from July 26, 2003, to January 1, 2006, of the community services deficit reduction benefit (CSDRB), under which counties and local health departments could claim federal Medicaid matching funds to cover costs for MA services provided that were not fully reimbursed.
This bill eliminates the requirement that DHFS make payments in 2006 from the MA trust fund to hold county departments and local health departments harmless for the elimination of CSDRB during the period from July 26, 2003, to January 1, 2006, authorizes payments from the general purpose revenues for CAP to city health departments for this purpose, and eliminates the recommencement of CSDRB.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.45 (6t) of the statutes, as affected by 2003 Wisconsin Act 318, is repealed.

SECTION 2. 2003 Wisconsin Act 318, section 3 is repealed.

SECTION 3. 2003 Wisconsin Act 318, section 4 is repealed.

SECTION 4. 2003 Wisconsin Act 318, section 6 is repealed.

SECTION 5. 2003 Wisconsin Act 318, section 11 is repealed.

SECTION 6. 2003 Wisconsin Act 318, section 13 is repealed.

SECTION 7. 2003 Wisconsin Act 318, section 14 is repealed.

SECTION 8. 2003 Wisconsin Act 318, section 15 is repealed.

SECTION 9. 2003 Wisconsin Act 318, section 17 is repealed.

SECTION 10. 2003 Wisconsin Act 318, section 18 is repealed.

SECTION 11. 2003 Wisconsin Act 318, section 20 is repealed.

SECTION 12. 2003 Wisconsin Act 318, section 22 is repealed.

SECTION 13. 2003 Wisconsin Act 318, section 25 (3) is renumbered 49.45 (6tw) of the statutes and amended to read:

49.45 (6tw) PAYMENTS TO CITY HEALTH DEPARTMENTS. From the appropriation account under section s. 20.435 (7) (b) of the statutes, as affected by this act, in state fiscal year 2004-05, the department of health and family services may make payments to local health departments, as defined under s. 250.02 (4) (a) 3. of the statutes. Payment under this subsection to such a local health department may not exceed on an annualized basis payment made by the department of health and family services to the local health department under section s. 49.45 (6t) of the statutes, 2003 stats., for services provided by the local health department in 2002.

SECTION 14. 2003 Wisconsin Act 318, section 27 is repealed.

SECTION 9121. Nonstatutory provisions; health and family services.

(1) 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.
(End)
LRB-0747LRB-0747/1
DAK:jld:rs
2005 - 2006 LEGISLATURE

DOA:......Blaine, BB0242 - MA supplemental payments for school-based services
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Medical Assistance
Under current law, DHFS reimburses school districts, cooperative educational service agencies (CESAs), or DPI 60 percent of the amount that the state receives as federal Medicaid reimbursement for health care services that school districts, CESAs, or DPI provide in schools to pupils who are eligible for the Medical Assistance (MA) program. DHFS may make supplemental MA payments for these services if the total of the reimbursement and the supplements does not exceed federal Medicaid payment limitations. The amounts of any supplemental MA payments made by DHFS must be decreased from the DPI general purpose revenues appropriation account for payment to counties, CESAs, and school districts for special education services and must be lapsed to the general fund.
This bill eliminates the authority for DHFS to make supplemental MA payments for school-based services provided to pupils who are eligible for MA and eliminates the requirement that the amounts of these supplements be lapsed to the general fund from DPI's general purpose revenues appropriation for special education.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.255 (2) (b) of the statutes is amended to read:

20.255 (2) (b) Aids for special education and school age parents programs. The amounts in the schedule for the payment of aids for special education and school age parents programs under ss. 115.88, 115.93 and 118.255. On dates determined by the secretary of administration, amounts equal to the amounts paid by the department of health and family services under s. 49.45 (39) (b) 1m. shall lapse from this appropriation account to the general fund.

SECTION 2. 49.45 (39) (b) 1. of the statutes is amended to read:

49.45 (39) (b) 1. 'Payment for school medical services.' If a school district or a cooperative educational service agency elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the school district or the cooperative educational service agency for 60% of the federal share of allowable charges for the school medical services that it provides and, as specified in subd. 2., for allowable administrative costs. If the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the department of public instruction for 60% of the federal share of allowable charges for the school medical services that the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing provides and, as specified in subd. 2., for allowable administrative costs. A school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, claims for common carrier transportation costs as a school medical service unless the department receives notice from the federal health care financing administration that, under a change in federal policy, the claims are not allowed. If the department receives the notice, a school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, unreimbursed claims for common carrier transportation costs incurred before the date of the change in federal policy. The department shall promulgate rules establishing a methodology for making reimbursements under this paragraph. Except as provided in subd. 1m., all All other expenses for the school medical services provided by a school district or a cooperative educational service agency shall be paid for by the school district or the cooperative educational service agency with funds received from state or local taxes. The school district, the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the cooperative educational service agency shall comply with all requirements of the federal department of health and human services for receiving federal financial participation.

SECTION 3. 49.45 (39) (b) 1m. of the statutes is repealed.

SECTION 4. 49.45 (39) (b) 2. of the statutes is amended to read:

49.45 (39) (b) 2. 'Payment for school medical services administrative costs.' The department shall reimburse a school district or a cooperative educational service agency specified under subds. subd. 1. and 1m. and shall reimburse the department of public instruction on behalf of the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing for 90% of the federal share of allowable administrative costs, using time studies, beginning in fiscal year 1999-2000. A school district or a cooperative educational service agency may submit, and the department of health and family services shall allow, claims for administrative costs incurred during the period that is up to 24 months before the date of the claim, if allowable under federal law.

SECTION 5. 115.882 of the statutes is amended to read:

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