49.45 (24m) HOME HEALTH CARE AND PERSONAL CARE PILOT PROGRAM. (intro.) From the appropriation accounts under s. 20.435 (4) (b), (gp), (o), (r), (rg), and (w), in order to test the feasibility of instituting a system of reimbursement for providers of home health care and personal care services for medical assistance recipients that is based on competitive bidding, the department shall:
SECTION 62. 49.45 (24m) (intro.) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:
49.45 (24m) HOME HEALTH CARE AND PERSONAL CARE PILOT PROGRAM. (intro.) From the appropriation accounts under s. 20.435 (4) (b), (gp), (o), (r), (rg), and (w), in order to test the feasibility of instituting a system of reimbursement for providers of home health care and personal care services for medical assistance recipients that is based on competitive bidding, the department shall:
SECTION 63. 49.472 (6) (a) of the statutes is amended to read:
49.472 (6) (a) Notwithstanding sub. (4) (a) 3., from the appropriation account under s. 20.435 (4) (b), (gp), (r), (rg), or (w), the department shall, on the part of an individual who is eligible for medical assistance under sub. (3), pay premiums for or purchase individual coverage offered by the individual's employer if the department determines that paying the premiums for or purchasing the coverage will not be more costly than providing medical assistance.
SECTION 64. 49.472 (6) (a) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:
49.472 (6) (a) Notwithstanding sub. (4) (a) 3., from the appropriation account under s. 20.435 (4) (b), (gp), (r), (rg), or (w), the department shall, on the part of an individual who is eligible for medical assistance under sub. (3), pay premiums for or purchase individual coverage offered by the individual's employer if the department determines that paying the premiums for or purchasing the coverage will not be more costly than providing medical assistance.
SECTION 65. 49.472 (6) (b) of the statutes is amended to read:
49.472 (6) (b) If federal financial participation is available, from the appropriation account under s. 20.435 (4) (b), (gp), (r), (rg), or (w), the department may pay medicare Medicare Part A and Part B premiums for individuals who are eligible for medicare Medicare and for medical assistance under sub. (3).
SECTION 66. 49.472 (6) (b) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:
49.472 (6) (b) If federal financial participation is available, from the appropriation account under s. 20.435 (4) (b), (gp), (r), (rg), or (w), the department may pay Medicare Part A and Part B premiums for individuals who are eligible for Medicare and for medical assistance under sub. (3).
SECTION 67. 49.473 (5) of the statutes is amended to read:
49.473 (5) The department shall audit and pay, from the appropriation accounts under s. 20.435 (4) (b), (gp), and (o), (r), and (rg) allowable charges to a provider who is certified under s. 49.45 (2) (a) 11. for medical assistance Medical Assistance on behalf of a woman who meets the requirements under sub. (2) for all benefits and services specified under s. 49.46 (2).
SECTION 68. 49.473 (5) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:
49.473 (5) The department shall audit and pay, from the appropriation accounts under s. 20.435 (4) (b), (gp), (o), and (r), and (rg) allowable charges to a provider who is certified under s. 49.45 (2) (a) 11. for medical assistance on behalf of a woman who meets the requirements under sub. (2) for all benefits and services specified under s. 49.46 (2).
SECTION 69. 139.02 (1) of the statutes is amended to read:
139.02 (1) TAX IMPOSED; RATE; LIMITATION. An occupational excise tax is imposed upon the removal for consumption or sale or selling of fermented malt beverages at the rate of $2 per barrel of 31 gallons and at a proportionate rate for any other quantity or fractional parts thereof. Not more than one occupational excise tax shall be required to be paid on any one container of fermented malt beverages.
SECTION 70. 139.03 (intro.) of the statutes is amended to read:
139.03 Liquor tax. (intro.) An occupational excise tax is imposed upon the selling of intoxicating liquor as follows:
SECTION 71. 139.03 (3) of the statutes is amended to read:
139.03 (3) Not more than one occupational excise tax shall be required to be paid on any one container of intoxicating liquor.
SECTION 72. 139.05 (2) of the statutes is amended to read:
139.05 (2) Each brewer and bottler in this state and each wholesaler of malt beverages within this state to whom malt beverages are shipped from outside this state shall on or before the fifteenth day of each month file with the secretary on forms prescribed by the secretary a verified return containing such information as may be required to compute and show the amount of occupational excise tax payable by the brewer, bottler or wholesaler or by the shipper for the next preceding calendar month on malt beverages.
SECTION 73. 139.05 (3) of the statutes is amended to read:
139.05 (3) The amount of the occupational excise tax disclosed by the return shall accompany the return and shall be paid to the department.
SECTION 74. 139.09 of the statutes is amended to read:
139.09 Registration. Every brewer, bottler, manufacturer, rectifier, wholesaler or retailer liable for payment of the occupational excise tax imposed in ss. 139.01 to 139.25 shall hold a valid certificate under s. 73.03 (50). The secretary shall assign the person a registration number.
SECTION 75. 153.01 (2) of the statutes is amended to read:
153.01 (2) "Board" means the health care quality and patient safety board on health care information.
SECTION 76. 153.07 (5) of the statutes is created to read:
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.
SECTION 77. 153.07 (6) of the statutes is created to read:
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.
SECTION 78. 153.07 (7) of the statutes is created to read:
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.
SECTION 79. 153.07 (8) of the statutes is created to read:
153.07 (8) The board shall administer the health care quality improvement fund.
SECTION 80. 153.07 (9) of the statutes is created to read:
153.07 (9) The board may accept gifts, grants, bequests, and devises to be used in the execution of its functions.
SECTION 81. 153.076 of the statutes is created to read:
153.076 Grants and loans. (1) In this section:
(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.
(b) "Health maintenance organization" has the meaning given in s. 609.01 (2).
(c) "Hospital" has the meaning given in s. 50.33 (2).
(d) "Physician" has the meaning given in s. 448.01 (5).
(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:
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.
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.
3. Demonstration, through pilot projects, of rapid cycle improvement in quality, safety, and efficiency of care.
4. Facilitation of group purchases of medical technology systems by assisting health care providers in forming collaborative agreements for technology.
(b) Repayment of any loans made under par. (a) shall be deposited into the health care quality improvement fund.
SECTION 82. 153.75 (title) of the statutes is amended to read:
153.75 (title) Rule making and enforcement.
SECTION 83. 153.75 (3) of the statutes is created to read:
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.
SECTION 84. 153.75 (4) of the statutes is created to read:
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:
(a) The collection, from physicians, of health care plan affiliations and updating information, hospital privileges updating information, and workforce and practice information.
(b) The collection, from dentists, chiropractors, and podiatrists, of workforce and practice information.
(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.
SECTION 85. 153.75 (5) of the statutes is created to read:
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.
SECTION 86. 153.76 of the statutes is amended to read:
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.
SECTION 87. 231.03 (intro.) of the statutes is amended to read:
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:
SECTION 88. 231.035 of the statutes is created to read:
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.
SECTION 89. 655.27 (6) of the statutes is amended to read:
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.
SECTION 9101. Nonstatutory provisions; administration.
(1) 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:
(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.
(b) The physician, the representative of health maintenance organizations, and the member who represents the public interest, for terms expiring on May 1, 2011.
(2) 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.
(3) 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:
(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.
(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.
(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.
(4) 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.
SECTION 9121. Nonstatutory provisions; health and family services.
(1) TRANSFER OF FUNCTIONS OF THE BOARD ON HEALTH CARE INFORMATION.
(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.
(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.
(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.
(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.
(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.
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.
(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.
