For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: grants for food distribution programs.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
This bill moves the appropriation to DHFS for food distribution grants from the Division of Children and Family Services to the Division of Public Health.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (3) (dn) of the statutes is renumbered 20.435 (5) (dn).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 46.75 (2) (a) of the statutes is amended to read:
46.75 (2) (a) From the appropriation under s. 20.435 (3) (5) (dn), the department shall award grants to agencies to operate food distribution programs that qualify for participation in the emergency food assistance program under P.L. 98-8, as amended.
SECTION 3. 46.77 of the statutes is amended to read:
46.77 Food distribution administration. From the appropriation under s. 20.435 (3) (5) (dn), the department shall allocate funds to eligible recipient agencies, as defined in the emergency food assistance act, P.L. 98-8, section 201A, as amended, for the storage, transportation and distribution of commodities provided under the hunger prevention act of 1988, P.L. 100-435, as amended.
(End)
LRB-0314LRB-0314/1
RLR:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Blaine, BB0012 - Senior Care 5% Rate Enhancement
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
Other health and human services
Under current law, DHFS reimburses pharmacists and pharmacies for prescription drugs purchased by persons enrolled in Senior Care, a prescription drug assistance program for low-income elderly persons. The reimbursement rate is equal to 105 percent of the prescription drug reimbursement rate under the Medical Assistance (MA) program, plus a dispensing fee, and minus a copayment paid by the Senior Care enrollee.
This bill reduces the reimbursement rate under Senior Care to 100 percent of the prescription drug reimbursement rate under MA, plus the dispensing fee, and minus the copayment.
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. 49.688 (1) (e) of the statutes is amended to read:
49.688 (1) (e) "Program payment rate" means the rate of payment made for the identical drug specified under s. 49.46 (2) (b) 6. h., plus 5%, plus a dispensing fee that is equal to the dispensing fee permitted to be charged for prescription drugs for which coverage is provided under s. 49.46 (2) (b) 6. h.
SECTION 9321. Initial applicability; health and family services.
(1) PRESCRIPTION DRUG ASSISTANCE REIMBURSEMENT RATE. The treatment of section 49.688 (1) (e) of the statutes first applies to reimbursement for prescription drugs purchased on October 1, 2005.
(End)
LRB-0315LRB-0315/2
RLR:wlj:ch
2005 - 2006 LEGISLATURE
DOA:......Jablonsky, BB0033 - Lead Registry
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: investigation and remediation of lead hazards.
Analysis by the Legislative Reference Bureau
health and human services
Health
Current law requires DHFS to implement a statewide lead poisoning or lead exposure prevention and treatment program. DHFS may designate local health departments as DHFS's agents for administering and enforcing elements of the program.
Under current law if DHFS is notified that a child under six years of age has an elevated blood lead level, DHFS must ensure that an investigation is conducted of the dwelling where the child resides and of any educational or child care facility the child attends. DHFS may also investigate a dwelling or educational or child care facility if a child under six years of age who resides in the dwelling or attends the facility has blood lead poisoning or lead exposure. If DHFS determines that a lead hazard is present in a dwelling or educational or child care facility, DHFS may take a variety of actions, including notifying the occupants of the dwelling or facility, notifying the owner of the dwelling or facility, posting notice of the lead hazard, or ordering the owner of the dwelling or facility to reduce or eliminate the hazard. If DHFS notifies an owner of a dwelling that a child under six years of age who resides in the dwelling has an elevated blood lead level, the owner must obtain either a certificate of lead-free status or a certificate of lead-safe status for the dwelling. DHFS must promulgate rules specifying the standards for obtaining certificates of lead-free or lead-safe status and the duration for which such certificates are valid. DHFS may not authorize issuance of successive certificates of lead-safe status valid for less than 12 months unless the applicant for the certificate makes a special showing of need for a certificate that is valid for less than 12 months. Finally, DHFS must promulgate rules for maintaining a statewide registry of all certificates of lead-free or lead-safe status that have been issued.
This bill provides that if DHFS determines that a lead hazard is present in any dwelling or educational or child care facility, the local health department must issue and DHFS may issue an order requiring the owner of the premises to reduce or eliminate the lead hazard. The bill eliminates the requirement that the owner of a dwelling obtain a certificate of lead-free or lead-safe status if DHFS notifies the owner that a child under six years of age who resides in the dwelling has an elevated blood lead level. Finally, the bill eliminates the requirement that DHFS promulgate rules related to issuing certificates of lead-safe status that are valid for less than 12 months.
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. 254.15 (1) of the statutes is amended to read:
254.15 (1) Develop and implement a comprehensive statewide lead poisoning or lead exposure prevention and treatment program that includes lead poisoning or lead exposure prevention grants under s. 254.151; any childhood lead poisoning screening requirement under rules promulgated under ss. 254.158 and 254.162; any requirements regarding care coordination and follow-up for children with lead poisoning or lead exposure required under rules promulgated under s. 254.164; departmental responses to reports of lead poisoning or lead exposure under s. 254.166; any lead investigation requirements under rules promulgated under ss. 254.167; any lead inspection requirements under rules promulgated under 254.168; any lead hazard reduction requirements under rules promulgated under s. 254.172; certification, accreditation and approval requirements under ss. 254.176 and 254.178; any certification requirements and procedures under rules promulgated under s. 254.179; and any fees imposed under s. 254.181.
SECTION 2. 254.166 (title) of the statutes is amended to read:
254.166 (title) Departmental response Response to reports of lead poisoning or lead exposure.
SECTION 3. 254.166 (2) (d) of the statutes is amended to read:
254.166 (2) (d) Notify the owner of the dwelling or premises of the presence of a lead hazard. The
(2m) If the department determines that a lead hazard is present in any dwelling or premises, the local health department shall and the department may issue an order that requires reduction or elimination of an imminent lead hazard within 5 days after the order's issuance and reduction or elimination of other lead hazards within 30 days after the order's issuance, except that, for orders that are issued between October 1 and May 1 and that relate only to exterior lead hazards that are not imminent lead hazards, the order may require elimination or reduction of the lead hazard no earlier than the June 1 immediately following the order's issuance. If the department agency that issued the order determines that the owner has good cause for not complying with the order within the 5-day or 30-day time period, the department the agency may extend the time period within which the owner is required to comply with the order. The failure to comply with the department's an order within the time prescribed or as extended by the department shall be prima facie evidence of negligence in any action brought to recover damages for injuries incurred after the time period expires. If an order to conduct lead hazard reduction is issued by the department or by a local health department and if the owner of the dwelling or premises complies with that order, there is a rebuttable presumption that the owner of the dwelling or premises has exercised reasonable care with respect to lead poisoning or lead exposure caused, after the order has been complied with, by lead hazards covered by the order, except that with respect to interim control activities the rebuttable presumption continues only for the period for which the interim control activity is reasonably expected to reduce or eliminate the lead hazard.
SECTION 4. 254.166 (2) (e) of the statutes is renumbered 254.166 (2r) and amended to read:
254.166 (2r) If an order is issued under par. (d), The department may conduct or require a certified lead risk assessor or other person certified under s. 254.176 to conduct a lead investigation, a check of work completed, and dust tests for the presence of hazardous levels of lead to ensure compliance with the an order issued under sub. (2m).
SECTION 5. 254.171 of the statutes is repealed.
SECTION 6. 254.173 (3) (c) 1. of the statutes, as affected by 1999 Wisconsin Act 113, is amended to read:
254.173 (3) (c) 1. The owner receives an order under s. 254.166 (2) (d) (2m) and fails to comply with the order.
SECTION 7. 254.179 (1) (c) 2. (intro.) of the statutes is amended to read:
254.179 (1) (c) 2. (intro.) The standards limiting the length of validity of a certificate of lead-safe status, including the condition of a premises, dwelling, or unit of a dwelling, the type of lead hazard reduction activity that was performed, if any, and any other requirements that must be met to maintain certification, unless the certificate is earlier revoked because of erroneous issuance or because the premises, dwelling, or unit of the dwelling is not safe from lead-bearing paint hazards. The rules shall specify that the face of the certificate shall indicate the certificate's length of validity. The rules shall further specify that applications for certificates of lead-safe status for identical premises may be made only as follows:
SECTION 8. 254.179 (1) (c) 2. a., b. and c. of the statutes are repealed.
(End)
LRB-0316LRB-0316/4
RLR/DAK:wlj:pg
2005 - 2006 LEGISLATURE
DOA:......Jablonsky, BB0031 - Transfer Bureau of Health Information
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: appropriations concerning vital statistics and health care information.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
This bill moves from the Division of Health Care Financing to the Division of Public Health several appropriations to DHFS related to the collection of vital statistics and the collection and analysis of health care information.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (1) (gm) of the statutes is amended to read:
20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 146.50 (8), 250.05 (6), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2) and ch. 69, for the purchase and distribution of medical supplies and to analyze and provide data under s. 250.04. All moneys received under ss. 146.50 (5) (f) and (8) (d), 250.04 (3m), 250.05 (6), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2) (b) and ch. 69, other than s. 69.22 (1m), and as reimbursement for medical supplies shall be credited to this appropriation account.
****NOTE: This is reconciled s. 20.435 (1) (gm). This SECTION has been affected by drafts with the following LRB numbers: 0316/2 and 0347/1.
SECTION 2. 20.435 (4) (gm) of the statutes is amended to read:
20.435 (4) (gm) Health services regulation and vital statistics. The amounts in the schedule for the purposes specified in chs. 69 and ch. 150. All moneys received under ch. 69 and s. 150.13 shall be credited to this appropriation account. From the fees collected under s. 50.135 (2), $334,800 in fiscal year 2003-04 and $338,200 in fiscal year 2004-05 shall be credited to this appropriation account.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.435 (4) (hi) of the statutes is renumbered 20.435 (1) (hi).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 50.135 (2) (c) of the statutes is amended to read:
50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriations appropriation account under s. 20.435 (4) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.
SECTION 5. 153.05 (6m) of the statutes is amended to read:
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).
SECTION 6. 153.60 (1) of the statutes is amended to read:
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).
SECTION 7. 153.60 (3) of the statutes is amended to read:
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).
SECTION 8. 153.65 (1) of the statutes is amended to read:
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).
(End)
LRB-0317LRB-0317/2
RLR&DAK:kjf:pg
2005 - 2006 LEGISLATURE
DOA:......Jablonsky, BB0030 - Dental grants
For 2005-07 Budget -- Not Ready For Introduction
