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
Public assistance
Currently, DHFS must annually report to the legislature concerning compliance by pharmacies and pharmacists that are certified providers of Medical Assistance (MA) with requirements of the Senior Care Program, which provides prescription drug assistance for elderly persons. This bill eliminates this reporting requirement.
Medical Assistance
Currently, DHFS administers several programs under waivers of federal Medicaid laws under which MA recipients who reside in certain institutions or who meet certain levels of care requirements are relocated into their communities and provided home and community-based services and long-term care support services. DHFS must annually report to JCF and the legislature concerning the previous year's impact on state employees of the community integration program for residents of state centers for the developmentally disabled (known as "CIP 1A"). This bill eliminates this reporting requirement.
Currently, DHFS must annually report to the legislature concerning enrollment in and costs of the Badger Care Program. This bill eliminates this reporting requirement.
Children
Currently, DHFS must report annually to JCF on the number of children placed for adoption by DHFS during the previous year and the costs to the state for services relating to the adoptions. This bill eliminates this reporting requirement.
Health
Currently, the Council on Birth Defect Prevention and Surveillance must biennially report to the legislature on the registry of infants or children with birth defects in this state. DHFS must make all of the following reports:
1. To the Board on Aging and Long-Term Care quarterly, on complaints, investigations, enforcement actions, and other matters concerning nursing homes and other facilities, and annually, on implementation of rules for admission, evaluation, and care procedures for short-term care nursing home residents.
2. To the legislature annually on violations by and forfeiture assessments to nursing homes under conditions of substantial probability of death or serious mental or physical harm to nursing home residents.
3. To the legislature annually on rehabilitation and licensure as caregivers or entity operators of persons who have been found to have abused or neglected children or facility clients or to have been convicted of certain serious crimes.
4. To the legislature biennially on the state emergency medical services plan.
5. To the legislature annually on the success of the statewide immunization program to eliminate certain diseases and protect against tetanus.
6. To the legislature annually on the percentage of deliveries in this state that are performed in hospitals with newborn hearing screening programs.
7. To the governor and the legislature annually on grants awarded under the Statewide Tobacco Use Control Program, including donations and grants accepted by DHFS.
This bill eliminates these reporting requirements.
Mental illness, alcoholism, and developmental disabilities
Currently, DHFS must annually report to the legislature on progress toward full implementation of the program of early intervention services for children and families (known as the "Birth to Three Program"). DHFS also must annually report to the governor or the state health planning and development agency on the DHFS activities relating to treatment of alcoholism. This bill eliminates these reporting requirements.
Other health and human services
Under current law, the Council on Physical Disabilities must advise the secretary of health and family services and make recommendations to various state officers on physically disabled persons and must biennially report to the legislature concerning time limitations imposed by city ordinances on parking spaces reserved for physically disabled persons. This bill eliminates these requirements.
Currently, DHFS must annually report to the governor, the superintendent of public instruction, and the legislature on a plan that documents hunger in this state and recommends strategies to address this issue. This bill eliminates this reporting requirement.
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. 46.03 (18) (a) of the statutes is amended to read:
46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of health and family services shall establish a uniform system of fees for services provided or purchased by the department of health and family services, or a county department under s. 46.215, 46.22, 51.42 or 51.437, except for services provided under subch. III of ch. 49; services relating to adoption; services provided to courts; outreach, information and referral services; or where, as determined by the department of health and family services, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42 or 51.437 shall apply the fees which it collects under this program to cover the cost of such services. The department of health and family services shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department of health and family services during the previous year and the costs to the state for services relating to such adoptions.
SECTION 2. 46.275 (5m) of the statutes is repealed.
SECTION 3. 46.29 (1) (c) of the statutes is repealed.
SECTION 4. 46.29 (1) (fm) of the statutes is repealed.
SECTION 5. 46.76 (4) of the statutes is repealed.
SECTION 6. 46.76 (5) of the statutes is repealed.
SECTION 7. 49.665 (6) of the statutes is repealed.
SECTION 8. 49.688 (8) of the statutes is amended to read:
49.688 (8) The department shall, under methods promulgated by the department by rule, monitor compliance by pharmacies and pharmacists that are certified providers of medical assistance with the requirements of sub. (5) and shall annually report to the legislature under s. 13.172 (2) concerning the compliance. The report shall include information on any pharmacies or pharmacists that discontinue participation as certified providers of medical assistance and the reasons given for the discontinuance.
SECTION 9. 50.02 (4) of the statutes is repealed.
SECTION 10. 50.04 (5) (fr) of the statutes is repealed.
SECTION 11. 50.065 (5d) (a) 4. of the statutes is amended to read:
50.065 (5d) (a) 4. The manner in which the tribe will submit information relating to a rehabilitation review to the department so that the department may include that information in its report to the legislature required under sub. (5g).
SECTION 12. 50.065 (5g) of the statutes is repealed.
SECTION 13. 51.44 (5) (c) of the statutes is repealed.
SECTION 14. 51.45 (4) (p) of the statutes is repealed.
SECTION 15. 146.53 (2) (c) of the statutes is repealed.
SECTION 16. 252.04 (11) of the statutes is repealed.
SECTION 17. 253.115 of the statutes is repealed.
SECTION 18. 253.12 (4) (d) of the statutes is repealed.
SECTION 19. 255.15 (4) of the statutes is repealed.
SECTION 20. 255.15 (5) of the statutes is amended to read:
255.15 (5) FUNDS. The department may accept for any of the purposes under this section any donations and grants of money, equipment, supplies, materials and services from any person. The department shall include in the report under sub. (4) any donation or grant accepted by the department under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.
SECTION 21. 346.50 (3m) (b) 5. of the statutes is amended to read:
346.50 (3m) (b) 5. The ordinance shall require the city to submit a report by December 31 of each odd-numbered year to the council on physical disabilities under s. 46.29 (1) (fm) on implementation and administration of the ordinance, including an evaluation of the effectiveness of time limitations imposed by the ordinance. With respect to spaces reserved by the city for use by a motor vehicle used by a physically disabled person upon any portion of a street, highway or parking facility, the report shall include the total number of spaces; the total number of spaces in a parking facility and the number of those spaces that are subject to a time limitation, and the duration of any such limitation; and the total number of spaces upon a street or highway and the number of those spaces that are subject to a time limitation, and the duration of any such limitation.
(End)
LRB-0243LRB-0243/2
DAK:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Jablonsky, BB0023 - Audit limit
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
Under current law, each provider of care or services exceeding $25,000 purchased by DHFS or by a county department of social services, human services, developmental disabilities services, or community programs, except a family-operated group home, must provide the purchaser with a certified financial and compliance audit report annually, or if required by federal law, biennially. DHFS may waive this requirement.
This bill changes the audit report requirement so that it applies to care and services that exceed $100,000, or any higher threshold amount determined by DHFS.
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. 46.036 (4) (c) of the statutes is amended to read:
46.036 (4) (c) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000 $100,000 or any higher threshold amount determined by the department. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this paragraph for any family-operated group home, as defined under par. (a), from which it purchases services.
SECTION 2. 301.08 (2) (d) 3. of the statutes is amended to read:
301.08 (2) (d) 3. Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $100,000 or any higher threshold amount determined by the department. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this subdivision as provided in s. 46.036 (4) (c).
SECTION 9321. Initial applicability; Health and Family Services.
(1) SERVICE PROVIDER AUDIT REQUIREMENT. The treatment of sections 46.036 (4) (c) (by SECTION 1) and 301.08 (2) (d) 3. (by SECTION 2) of the statutes first applies to contracts entered into or renewed on the effective date of this subsection.
****NOTE: This is reconciled SECTION 9321 (1). This subsection has been affected by drafts with the following LRB numbers: -0243/1 and -1261/2.
(End)
LRB-0244LRB-0244/1
DAK:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Milioto, BB0027 - Nursing home and C-BRF licensure law changes
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
Health
Currently, DHFS may issue to nursing homes notices of violations of licensure laws and notations in biennial reports; may impose a plan of correction or reject a nursing home's plan of correction; and may assess forfeitures to nursing homes. A nursing home contests these actions by sending, within ten days after receipt of notice, a written request for a hearing to the Division of Hearings and Appeals that is attached to DOA. This bill changes the time period within which a nursing home may contest these DHFS actions to 60 days.
Currently, DHFS may place a monitor in, and the secretary of health and family services may petition for appointment of a receiver for, a nursing home or community-based residential facility (C-BRF) when any of several conditions (for example, operating without a license or in the event of an emergency) exist. This bill specifies two additional conditions for placement of a monitor or petitioning for appointment of a receiver: 1) DHFS or the nursing home or C-BRF determines that estimated operating expenses of the nursing home or C-BRF significantly exceed anticipated revenues; and 2) the nursing home or C-BRF or its operator has been charged with or convicted of Medical Assistance (MA) fraud, fraud under the federal Medicare Program, or the abuse or neglect of patients or residents of the nursing home or C-BRF. The bill also permits a monitor placed in a nursing home or C-BRF to assist in financial management.
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. 50.04 (4) (e) 1. of the statutes is amended to read:
