49.688 (7) (a) Except as provided in par. (b), from the appropriation accounts under s. 20.435 (4) (bv), (j), and (pg), and (xh), beginning on September 1, 2002, the department shall, under a schedule that is identical to that used by the department for payment of pharmacy provider claims under medical assistance, provide to pharmacies and pharmacists payments for prescription drugs sold by the pharmacies or pharmacists to persons eligible under sub. (2) who have paid the deductible specified under sub. (3) (b) 1. or 2. or who, under sub. (3) (b) 1., are not required to pay a deductible. The payment for each prescription drug under this paragraph shall be at the program payment rate, minus any copayment paid by the person under sub. (5) (a) 2. or 4., and plus, if applicable, incentive payments that are similar to those provided under s. 49.45 (8v). The department shall devise and distribute a claim form for use by pharmacies and pharmacists under this paragraph and may limit payment under this paragraph to those prescription drugs for which payment claims are submitted by pharmacists or pharmacies directly to the department. The department may apply to the program under this section the same utilization and cost control procedures that apply under rules promulgated by the department to medical assistance under subch. IV of ch. 49.
SECTION 39. 49.688 (7) (b) of the statutes is amended to read:
49.688 (7) (b) During any period in which funding under s. 20.435 (4) (bv) and, (pg), and (xh) is completely expended for the payments specified in par. (a), the requirements of par. (a) and subs. (3) (c), (5), and (6) (a) and (b) do not apply to drugs purchased during that period, but the department shall continue to accept applications and determine eligibility under sub. (4) and shall indicate to applicants that the eligibility of program participants to purchase prescription drugs as specified in sub. (3), under the requirements of sub. (5), is conditioned on the availability of funding under s. 20.435 (4) (bv) and, (pg), and (xh).
SECTION 40. 50.375 of the statutes is created to read:
50.375 Assessment. (1) Beginning in 2007, for the privilege of doing business in this state, there is imposed on each hospital an annual assessment, based on the hospital's gross revenue that each hospital shall pay before December 1. The assessments shall be deposited into the health care quality fund.
(2) The department shall verify the amount of each hospital's gross revenue and determine the amount of each hospital's assessment, based on claims information that shall be provided to the department under s. 153.46 (5).
(3) Although the department may consider the revenue received by a hospital for services or items provided as benefits under subch. IV of chapter 49, the department's determination under sub. (2) shall be based on a rate not to exceed 1 percent of the hospital's gross revenue, as adjusted by the department.
(4) Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to (7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment collected under sub. (1) shall be deposited in the health care quality fund.
(5) The department shall levy, enforce, and collect the assessment under this section and shall develop and distribute forms necessary for levying and collection.
(6) An affected hospital may contest an action by the department of health and family services under this section by submitting a written request for a hearing to the division of hearings and appeals in the department of administration within 30 days after the date of the department's action.
(7) Any order or determination made by the division of hearings and appeals in the department of administration under a hearing as specified in sub. (6) is subject to judicial review as prescribed under ch. 227.
SECTION 41. 139.31 (1) (a) of the statutes is amended to read:
139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 38.5 101 mills on each cigarette.
SECTION 42. 139.31 (1) (b) of the statutes is amended to read:
139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 77 202 mills on each cigarette.
SECTION 43. 139.315 (1) of the statutes is amended to read:
139.315 (1) INVENTORY TAX IMPOSED. On the effective date of any increase in the sum of the rates under s. 139.31 (1) (a) and (c) or in the sum of the rates under s. 139.31 (1) (b) and (d), an inventory tax is imposed upon cigarettes held in inventory for sale or resale on which the cigarette tax has been paid at the prior rate and upon unaffixed stamps in the possession of distributors. Any person who is in possession of any such cigarettes or unaffixed stamps shall pay the tax imposed under this section. Any person liable for this tax shall determine the number of cigarettes and unaffixed stamps in the person's possession on the effective date of the increase, and by the 15th 30th day after the effective date of the increase the person shall file a return and shall by that date pay the tax due.
SECTION 44. 139.32 (5) of the statutes is amended to read:
139.32 (5) Manufacturers, bonded direct marketers, and distributors who are authorized by the department to purchase tax stamps shall receive a discount of 1.6% 0.7 percent of the tax paid on stamp purchases.
SECTION 45. 139.455 of the statutes is created to read:
139.455 Revenue distribution. From the taxes collected under this subchapter, in fiscal year 2007-08, the department shall deposit no more than $304,000,000 into the general fund and the remainder into the health care quality fund. From the taxes collected under this subchapter, in fiscal year 2008-09, and in each subsequent fiscal year thereafter, the department shall deposit no more than $305,000,000 into the general fund and the remainder into the health care quality fund.
SECTION 46. 139.76 (1) of the statutes is amended to read:
139.76 (1) An excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for any purpose of tobacco products by any person engaged as a distributor of them at the rate of 25% 65.6 percent of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. On products imported from another country the rate of tax is 25% 65.6 percent of the amount obtained by adding the manufacturer's list price to the federal tax, duties and transportation costs to the United States. The tax attaches at the time the tobacco products are received by the distributor in this state. The tax shall be passed on to the ultimate consumer of the tobacco products. All tobacco products received in this state for sale or distribution within this state, except tobacco products actually sold as provided in sub. (2), shall be subject to such tax.
SECTION 47. 139.78 (1) of the statutes is amended to read:
139.78 (1) A tax is imposed upon the use or storage by consumers of tobacco products in this state at the rate of 25% 65.6 percent of the cost of the tobacco products. The tax does not apply if the tax imposed by s. 139.76 (1) on the tobacco products has been paid or if the tobacco products are exempt from the tobacco products tax under s. 139.76 (2).
SECTION 48. 139.865 of the statutes is created to read:
139.865 Revenue distribution. From the taxes collected under this subchapter, in fiscal year 2007-08, the department shall deposit no more than $18,400,000 into the general fund and the remainder into the health care quality fund. From the taxes collected under this subchapter, in fiscal year 2008-09, and in each subsequent fiscal year thereafter, the department shall deposit no more than $19,300,000 into the general fund and the remainder into the health care quality fund.
SECTION 49. 146.99 of the statutes is repealed.
SECTION 50. 255.15 (3) (b) (intro.) of the statutes is amended to read:
255.15 (3) (b) (intro.) From the appropriation accounts under s. 20.435 (5) (fm) and (r), the department may distribute grants for any of the following:
SECTION 9225. Fiscal changes; Insurance.
(1) HEALTH CARE QUALITY FUND. Notwithstanding section 655.27 (6) of the statutes, there is transferred from the injured patients and families compensation fund to the health care quality fund $175,000,000 in fiscal year 2007-08.
SECTION 9441. Effective dates; Revenue.
(1) CIGARETTE AND TOBACCO PRODUCTS TAX RATES. The treatment of sections 139.31 (1) (a) and (b), 139.315 (1), 139.32 (5), 139.455, 139.76 (1), 139.78 (1), and 139.865 of the statutes takes effect on September 1, 2007, or on the first day of the 3rd month beginning after publication, whichever is later.
(End)
LRB-0904LRB-0904/2
DAK:jld:rs
2007 - 2008 LEGISLATURE
DOA:......Johnston, BB0187 - Health Care Quality and Patient Safety Council
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
This bill creates a health care quality and patient safety council, attached to DHFS, which must, among other things, consider the most cost-effective means of implementing a statewide integrated or interoperable health care information system.
Under current law, the Wisconsin Health and Educational Facilities Authority (WHEFA) provides financial assistance to health facilities and participating health institutions. This bill prohibits WHEFA from providing such financial assistance unless the health facility or participating health institution seeking assistance demonstrates to the secretary of health and family services progress in improving medical information systems technology. In making a determination as to whether the progress is demonstrated, the secretary of health and family services must consider advice of the health care quality and patient safety council.
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. 15.07 (2) (k) of the statutes is created to read:
15.07 (2) (k) The secretary of health and family services, or his or her designee, shall serve as chairperson of the health care quality and patient safety council and shall appoint chairpersons for subcommittees on patient care, consumer interest and privacy, public health, and statewide health information exchange and interoperability.
SECTION 2. 15.197 (6) of the statutes is created to read:
15.197 (6) HEALTH CARE QUALITY AND PATIENT SAFETY COUNCIL. There is created a health care quality and patient safety council, attached to the department of health and family services under s. 15.03. The health care quality and patient safety council shall consist of the following members that, except for the members specified in pars. (a) to (c), are appointed by the governor for 2-year terms:
(a) The secretary of administration or his or her designee.
(b) The secretary of health and family services or his or her designee.
(c) The secretary of employee trust funds or his or her designee.
(d) An employer who purchases health care for employees.
(e) A representative of the Wisconsin Health and Hospital Association.
(f) A physician, as defined in s. 448.01 (5).
(g) A representative of the health insurance industry.
(h) A representative of a major health care provider system.
(i) A health care consumer advocate.
SECTION 3. 146.75 of the statutes is created to read:
146.75 Health care quality and patient safety council. (1) In this section:
(a) "American Health Information Community" means a panel that is advisory on information technology to the federal department of health and human services.
(b) "Council" means the health care quality and patient safety council.
(2) Acting in an advisory capacity, the council shall lead implementation efforts for an action plan for health care quality and patient safety by doing all of the following:
(a) Identifying strategies and actions necessary to do all of the following:
1. Attempt to achieve goals established by the Institute of Medicine of the National Academy of Sciences for health care that is safe, effective, patient-centered, timely, efficient, and equitable.
2. Extend health care information systems statewide so as to optimize the improvement of health care quality, safety, and efficiency within a reasonable period of time and with reasonable financial investment.
(b) Considering the most cost-effective means of implementing a statewide integrated or interoperable health care information system, including all of the following:
1. Assessing the benefits of an integrated or interoperable system for supporting rapid deployment of health care providers.
2. Promoting accurate and appropriate shared information about individual patients among health care providers.
3. Creating points of reference for performance indicators among health care provider organizations for organizational performance improvement.
4. Reporting to the public on health care quality, safety, and efficiency data for consumer and purchaser decision making.
(3) The council shall advise the secretary on all of the following:
(a) A communication and marketing plan.
(b) Annually, on recommendations to improve the committee organizational structure of the council.
(c) The distribution of funding to entities to promote the health information technology agenda of the governor.
(d) Whether a health facility, as defined in s. 231.01 (5), or a participating health institution, as defined in s. 231.01 (6), that seeks financial assistance from the Wisconsin Health and Educational Facilities Authority under s. 231.03 demonstrates progress in improving medical information systems technology.
(4) By January 1, 2008, and at least annually thereafter, the council shall report to the legislature under s. 13.172 (3) and to the governor on the council's plans, activities, accomplishments, and recommendations.
(5) Any subcommittee of the council shall align its work with recommendations of the American Health Information Community.
SECTION 4. 146.76 of the statutes is created to read:
146.76 Approval of certain financial assistance. The secretary shall determine whether a health facility, as defined in s. 231.01 (5), or a participating health institution, as defined in s. 231.01 (6), that seeks financial assistance from the Wisconsin Health and Educational Facilities Authority under s. 231.03 demonstrates progress in improving medical information systems technology and shall inform the Wisconsin Health and Educational Facilities Authority of his or her determination. In making a determination under this section, the secretary shall consider as a factor the advice of the health care quality and patient safety council, as provided under s. 146.75 (3) (d).
SECTION 5. 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 6. 231.035 of the statutes is created to read:
231.035 Approval by secretary of health and family services. Beginning on the effective date of this section .... [revisor inserts date], the authority shall inform the secretary of health and family services of any health facility or participating health institution that seeks financial assistance under s. 231.03. The authority may not provide any financial assistance to such a health facility or participating health institution unless the secretary of health and family services determines, under s. 146.76, that the health facility or participating health institution demonstrates progress in improving medical information systems technology.
SECTION 9101. Nonstatutory provisions; Administration.
(1) HEALTH CARE QUALITY AND PATIENT SAFETY COUNCIL MEMBERSHIP. Notwithstanding the length of terms specified in section 15.197 (6) (intro.) of the statutes, as created by this act, the initial terms of the members specified in section 15.197 (6) (d) to (f) of the statutes, as created by this act, shall expire on July 1, 2009, and the initial terms of the members specified in section 15.197 (6) (g) to (i) of the statutes, as created by this act, shall expire on July 1, 2011.
SECTION 9321. Initial applicability; Health and Family Services.
