(End)
LRB-1300LRB-1300/1
RAC:wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Hummert, BB0317 - Equal Rights Division duties
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
State employment
The bill makes technical changes to provisions in the state's civil service law relating to the equal rights division in DWD.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 230.85 (3) (b) of the statutes is amended to read:
230.85 (3) (b) If, after hearing, the division of equal rights finds that the respondent did not engage in or threaten a retaliatory action it shall order the complaint dismissed. The division of equal rights shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. If the division of equal rights finds by unanimous vote that the employee filed a frivolous complaint it may order payment of the respondent's reasonable actual attorney fees and actual costs. Payment may be assessed against either the employee or the employee's attorney, or assessed so that the employee and the employee's attorney each pay a portion. To find a complaint frivolous the division of equal rights must find that either s. 814.025 (3) (a) or (b) applies or that both s. 814.025 (3) (a) and (b) apply.
SECTION 2. 230.89 (1) of the statutes is renumbered 230.89.
SECTION 3. 230.89 (2) of the statutes is repealed.
(End)
LRB-1302LRB-1302/3
DAK:kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Milioto, BB0329 - Acuity-based direct care reimbursement for nursing homes
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
Health
Under current law, DHFS provides Medical Assistance (MA) payment to nursing homes and some community-based residential facilities (facilities) under a detailed formula that assigns cost-based payment for certain items and flat-rate payment for others. Currently, support services (dietary services, environmental services, fuel and utilities, administrative, and general costs) and direct care costs (personal comfort supplies, medical supplies, over-the-counter drugs, and nonbillable services for ancillary nursing home personnel) are paid on a flat-rate basis. Beginning July 1, 2006, this bill changes payment from cost based to flat rate for nonbillable direct care costs for registered nurses, licensed practical nurses, and nurse's assistants.
Currently, in calculating amounts payable for direct care costs, DHFS must establish standards for facilities that do not primarily serve the developmentally disabled separately from standards for facilities that primarily serve the developmentally disabled and must, for each type of facility, take into account direct care costs for a sample of all such facilities in Wisconsin. Further, DHFS must establish the direct care component of the facility payment rate for each facility by comparing actual allowable direct care cost information for that facility, as adjusted for inflation, to the standard. If a facility has an approved program to provide services to developmentally disabled residents, residents dependent on ventilators, or residents requiring supplemental skilled care because of complex medical conditions, DHFS may provide the facility with a supplement to the direct care component. Beginning July 1, 2006, this bill eliminates differences in standards for payment of direct care costs between facilities that primarily serve the developmentally disabled and those that do not, and eliminates the requirement that DHFS establish a direct care component of the payment rate for each facility by comparing the facility's actual allowable direct care costs to the standard.
Lastly, the bill requires DHFS to issue inquiries, before July 1, 2006, concerning the existence of managed care organizations that are capable of developing the provision of primary, acute, and long-term managed care, on a regional basis, to elderly and disabled MA recipients.
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 (6m) (ag) 3m. of the statutes is amended to read:
49.45 (6m) (ag) 3m. For each state fiscal year, rates that shall be set by the department based on information from cost reports for costs specified under par. (am) 1. bm., 4., 5m., and 6. for the most recently completed fiscal year of the facility.
SECTION 2. 49.45 (6m) (ag) 3r. of the statutes is amended to read:
49.45 (6m) (ag) 3r. Flat-rate payment for all costs specified under par. (am) 1. a. and 2.
SECTION 3. 49.45 (6m) (ar) 1. a. of the statutes is amended to read:
49.45 (6m) (ar) 1. a. The department shall establish standards for payment of allowable direct care costs under par. (am) 1. bm., for facilities that do not primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state and separate standards for payment of allowable direct care costs, for facilities that primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state. The standards shall be adjusted by the department for regional labor cost variations. For facilities in Douglas, Pierce, and St. Croix counties, the department shall perform the adjustment by use of the wage index that is used by the federal department of health and human services for hospital reimbursement under 42 USC 1395 to 1395ggg.
SECTION 4. 49.45 (6m) (ar) 1. b. of the statutes is repealed.
SECTION 5. 49.45 (6m) (ar) 1. c. of the statutes is amended to read:
49.45 (6m) (ar) 1. c. If a facility has an approved program for provision of service to mentally retarded residents, residents dependent upon ventilators, or residents requiring supplemental skilled care due to complex medical conditions, a supplement to the direct care component of the facility rate under subd. 1. b. may be made to that facility according to a method developed by the department.
SECTION 9121. Nonstatutory provisions; health and family services.
(1) INQUIRIES CONCERNING MANAGED CARE ORGANIZATIONS. Before July 1, 2006, the department of health and family services shall issue inquiries concerning the existence of managed care organizations that have capability to develop the provision of primary, acute, and long-term managed care, on a regional basis, to elderly and disabled Medical Assistance recipients. The department of health and family services shall consult with the department of administration in connection with the inquiries issued under this subsection and the responses received.
SECTION 9421. Effective dates; health and family services.
(1) DIRECT CARE NURSING HOME REIMBURSEMENT. The treatment of section 49.45 (6m) (ag) 3m. and 3r. and (ar) 1. a., b., and c. of the statutes takes effect on July 1, 2006.
(End)
LRB-1305LRB-1305/1
GMM:jld:ch
2005 - 2006 LEGISLATURE
DOA:......Hummert, BB0318 - Prevailing wage records
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
employment
Under current law, certain laborers, workers, mechanics, and truck drivers employed on a state or local project of public works must be paid at the rate paid for a majority of the hours worked in the person's trade or occupation in the county in which the project is located (prevailing wage law). Current law requires each contractor, subcontractor, and contractor's or subcontractor's agent performing work on a project that is subject to the prevailing wage law to keep records indicating the name and trade or occupation of every person performing work that is subject to the prevailing wage law and an accurate record of the number of hours worked by each of those persons and the actual wages paid for those hours worked. This bill requires a contractor, subcontractor, or agent performing work on a project that is subject to the prevailing wage law, other than a state highway project, to submit, on a weekly basis, to the contracting local governmental unit or state agency authorizing the work a certified record indicating for the preceding week the name and trade or occupation of every person performing work that is subject to the prevailing wage law and an accurate record of the number of hours worked by each of those persons and the actual wages paid for those hours worked.
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. 66.0903 (10) (a) of the statutes is amended to read:
66.0903 (10) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. By no later than the end of the week following a week in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project that is subject to this section, the contractor, subcontractor, or agent shall submit to the contracting local governmental unit a certified record of the information specified in the preceding sentence for that preceding week.
SECTION 2. 103.49 (5) (a) of the statutes is amended to read:
103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. By no later than the end of the week following a week in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project that is subject to this section, the contractor, subcontractor, or agent shall submit to the state agency authorizing the work a certified record of the information specified in the preceding sentence for that preceding week.
SECTION 9354. Initial applicability; workforce development.
(1) PREVAILING WAGE RECORDS. The treatment of sections 66.0903 (10) (a) and 103.49 (5) (a) of the statutes first applies to work performed on the effective date of this subsection, except that, if that worked is performed under a contract that contains provisions that are inconsistent with those sections, the treatment of those sections first applies to work performed on the day on which that contract expires or is extended, modified, or renewed.
(End)
LRB-1306LRB-1306/2
GMM:lmk:rs
2005 - 2006 LEGISLATURE
DOA:......Hummert, BB0321 - Administration of school-to-work and work-based learning programs
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
employment
Under current law, the Wisconsin Technical College System (WTCS) Board is required to provide a school-to-work program that includes a school-to-work program for children-at-risk in Milwaukee County and a work-based learning program under which the WTCS Board awards grants to tribal colleges for programs that provide occupational training and work-base learning experiences to youths and adults. This bill transfers administration of those programs to the Governor's Work-Based Learning Board.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.143 (1) (kj) of the statutes is amended to read:
20.143 (1) (kj) Gaming economic development and diversification; grants and loans. Biennially, the amounts in the schedule for grants and loans under ss. 560.137 and 560.138, for the grants under s. 560.139 (1) (a) and (2), for the grants under 2001 Wisconsin Act 16, section 9110 (2k), (11pk), and (11zx), and for transfer to the appropriation account under s. 20.292 (1) 20.445 (7) (kd) of the amount in the schedule under s. 20.292 (1) 20.445 (7) (kd). Of the amounts in the schedule, $500,000 shall be allocated in each fiscal year for the grants under s. 560.137 (3m). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 6j. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each odd-numbered year shall revert to the appropriation account under s. 20.505 (8) (hm).
SECTION 2. 20.292 (1) (ef) of the statutes is renumbered 20.445 (7) (ef) and amended to read:
20.445 (7) (ef) School-to-work programs for children at risk. The amounts in the schedule for grants to nonprofit organizations under s. 38.40 106.13 (4m).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.292 (1) (kd) of the statutes is renumbered 20.445 (7) (kd).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 20.445 (1) (e) of the statutes is renumbered 20.445 (7) (b) and amended to read:
20.445 (7) (b) Local youth apprenticeship grants. The Biennially, the amounts in the schedule for local youth apprenticeship grants under s. 106.13 (3m).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 20.445 (7) (a) of the statutes is created to read:
20.445 (7) (a) General program operations. The amounts in the schedule for the general program operations of the governor's work-based learning board under s. 106.12.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 6. 20.445 (7) (em) (title) of the statutes is amended to read:
20.445 (7) (em) (title) Youth apprenticeship On-the-job training grants for employers.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 7. 38.40 (title) of the statutes is repealed.
SECTION 8. 38.40 (1) of the statutes is repealed.
SECTION 9. 38.40 (1m) (intro.) of the statutes is repealed.
SECTION 10. 38.40 (1m) (b) of the statutes is renumbered 106.13 (1) (b).
SECTION 11. 38.40 (1m) (c) of the statutes is renumbered 106.13 (1) (c).
SECTION 12. 38.40 (2) of the statutes is repealed.
SECTION 13. 38.40 (2m) of the statutes is repealed.
SECTION 14. 38.40 (4m) (title) of the statutes is repealed.
SECTION 15. 38.40 (4m) (a) of the statutes is renumbered 106.13 (4m) (a) and amended to read:
