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SECTION 2. 46.275 (5m) of the statutes is repealed.
SECTION 3. 46.29 (1) (c) of the statutes is repealed.
SECTION 4. 46.29 (1) (fm) of the statutes is repealed.
SECTION 5. 46.76 (4) of the statutes is repealed.
SECTION 6. 46.76 (5) of the statutes is repealed.
SECTION 7. 49.665 (6) of the statutes is repealed.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SECTION 9. 50.02 (4) of the statutes is repealed.
SECTION 10. 50.04 (5) (fr) of the statutes is repealed.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:
50.04 (4) (e) 1. If a nursing home desires to contest any department action under this subsection, it shall send a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1) within 10 60 days of receipt of notice of the contested action. Department action that is subject to a hearing under this subsection includes service of a notice of a violation of this subchapter or rules promulgated under this subchapter, a notation in the report under sub. (3) (b), imposition of a plan of correction and rejection of a nursing home's plan of correction, but does not include a correction order. Upon the request of the nursing home, the division shall grant a stay of the hearing under this paragraph until the department assesses a forfeiture, so that its hearing under this paragraph is consolidated with the forfeiture appeal hearing held under sub. (5) (e). All agency action under this subsection arising out of a violation, deficiency or rejection and imposition of a plan of correction shall be the subject of a single hearing. Unless a stay is granted under this paragraph, the division shall commence the hearing within 30 days of the request for hearing, within 30 days of the department's acceptance of a nursing home's plan of correction or within 30 days of the department's imposition of a plan of correction, whichever is later. The division shall send notice to the nursing home in conformance with s. 227.44. Issues litigated at the hearing may not be relitigated at subsequent hearings under this paragraph arising out of the same violation or deficiency.
SECTION 2. 50.04 (5) (e) of the statutes is amended to read:
50.04 (5) (e) Forfeiture appeal hearing. A nursing home may contest an assessment of forfeiture by sending, within 10 60 days after receipt of notice of a contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.
SECTION 3. 50.05 (1) (dg) of the statutes is created to read:
50.05 (1) (dg) "Medicare" means 42 USC 1395 to 1395hhh.
SECTION 4. 50.05 (2) (g) of the statutes is created to read:
50.05 (2) (g) The department or the facility determines that estimated operating expenditures of the facility significantly exceed anticipated revenues for the facility.
SECTION 5. 50.05 (2) (h) of the statutes is created to read:
50.05 (2) (h) The facility or facility's operator has been charged with or convicted of an offense specified under s. 49.49 or 940.295, or a Medicare violation under 42 USC 1320a-7a, 1320a-7b, or 1320a-8.
SECTION 6. 50.05 (3) of the statutes is amended to read:
50.05 (3) MONITOR. In any situation described in sub. (2), the department may place a person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with state regulations, and shall submit a written report periodically to the department on the operation of the facility. The monitor may assist in the financial management of the facility. The department may require payment by the operator or controlling person of the facility for the costs of placement of a person to act as monitor in the facility.
SECTION 9321. Initial applicability; Health and Family Services.
(1) NURSING HOME CONTESTED ACTION OR FORFEITURE TIME LIMITS. The treatment of section 50.04 (4) (e) 1. and (5) (e) of the statutes first applies to a violation of subchapter I of chapter 50 of the statutes or of a rule promulgated under subchapter I of chapter 50 of the statutes that is committed on the effective date of this subsection.
(End)
LRB-0246LRB-0246/2
DAK:jld:jf
2007 - 2008 LEGISLATURE
DOA:......Rhodes, BB0006 - Birth to 3 Program carry-over
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
Mental illness, alcoholism, and developmental disabilities
Currently, the general purpose revenues (GPR) appropriation account from which DHFS provides moneys for early intervention services for infants and toddlers with disabilities (commonly known as the "Birth to Three Program") is an annual appropriation but permits transfer of funds between fiscal years. Funds distributed by DHFS to counties but not encumbered by December 31 of each year must lapse to the general fund on the next January 1 unless carried forward to the next calendar year by JCF.
This bill deletes from the DHFS appropriation account for the Birth to Three Program the requirement that funds distributed but not encumbered by December 31 of each year lapse to the general fund on the next January 1; deletes the fiscal year transfer authorization; and makes the appropriation account continuing.
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. 20.435 (7) (bt) of the statutes is amended to read:
20.435 (7) (bt) Early intervention services for infants and toddlers with disabilities. The As a continuing appropriation, the amounts in the schedule for the early intervention services under s. 51.44. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All funds distributed by the department under s. 51.44 but not encumbered by December 31 of each year shall lapse to the general fund on the next January 1 unless carried forward to the next calendar year by the joint committee on finance.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0247LRB-0247/1
DAK:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Rhodes, BB0007 - Group home revolving loan fund repeal
