Noes, 0 - None.
Passage as amended.
Ayes, 5 - Senators
Carpenter, Coggs, Kreitlow, Schultz and Cowles.
Noes, 0 - None.
Senate Bill 394
Relating to: licensure of dietitians and requiring the exercise of rule-making authority.
Adoption of Senate Amendment 1.
Ayes, 5 - Senators
Carpenter, Coggs, Kreitlow, Schultz and Cowles.
Noes, 0 - None.
Introduction of Senate Amendment 2.
Ayes, 5 - Senators
Carpenter, Coggs, Kreitlow, Schultz and Cowles.
Noes, 0 - None.
S576
Adoption of Senate Amendment 2.
Ayes, 5 - Senators
Carpenter, Coggs, Kreitlow, Schultz and Cowles.
Noes, 0 - None.
Passage as amended.
Ayes, 4 - Senators
Carpenter, Coggs, Kreitlow and Schultz.
Noes, 1 - Senator
Cowles.
Tim Carpenter
Chairperson
__________________
State of Wisconsin
Office of the Secretary of State
February12
, 2008
The Honorable, the Legislature:
Bill Number Act Number Publication Date
Senate Bill 280 Act 49
February 22
, 2008
Senate Bill 264 Act 53
February 22
, 2008
Joint Enrolled
Resolution Number
Publication Date
SJR 4
27
Not Published
Sincerely,
DOUGLAS LA FOLLETTE
Secretary of State
__________________
State of Wisconsin
Office of the Senate President
February12
, 2008
The Honorable, the Senate:
Pursuant to Senate Rule
46 (2)(c), I am writing to inform you that I have directed the following proposal(s) to be withdrawn from committee and rereferred. I have obtained the consent of the appropriate standing committee chairperson and the chairperson of the committee on
Senate Organization.
Senate Bill
425
withdrawn from committee on Tax Fairness and Family Prosperity and rereferred to committee on Agriculture and Higher Education
.
Sincerely,
FRED A. RISSER
Senate President
__________________
State of Wisconsin
Senate
February12
, 2008
The Honorable, the Senate:
Pursuant to Senate Rule
20 (2) (a), I have appointed Senator Cowles and Kanavas as the minority party appointments to the Joint Committee on Information Policy and Technology. These appointments were based upon nominations of the Minority Leader and are effective immediately.
Please let me know if you have any questions.
Sincerely,
RUSS DECKER
Majority Leader
__________________
State of Wisconsin
Gathering Waters Conservancy
February 8, 2008
It is my pleasure to share with you a report on Gathering Waters Conservancy's activities and accomplishments for Fiscal Year 2007. This report is being submitted in accordance with the statutory requirements of s.23.0955(2)(b)5. Gathering Waters Conservancy has had an extremely successful year, thanks to the ongoing support of the state legislature and the Department of Natural Resources.
The more than 50 land trusts in Wisconsin have together permanently protected over 200,000 acres in communities across Wisconsin. Land trusts in Wisconsin have a combined membership of close to 50,000 individuals and thousands of local volunteers; they have raised millions of dollars to protect critical lands that benefit the public; and they work with private landowners every day to promote stewardship and protection of our natural resources.
We look forward to continuing to work with the Department and the state legislature to achieve our mutual conservation goals. Please do not hesitate to contact me for additional information. I have enclosed Gathering Waters Conservancy's audited financial reports for FY 2007 for your review.
Sincerely,
Michael strigel
Executive Director
__________________
State of Wisconsin
Claims Board
February 6, 2008
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on January 24, 2008.
Those claims in this report approved for payment pursuant to the provisions of ss.
16.007 and
775.05, Stats., have been paid directly by the Board.
The Board is preparing the bill(s) on any claim(s) recommended to the Legislature and will submit such to the Joint Finance Committee for legislative introduction.
This report is for the information of the Legislature. The Board would appreciate your acceptance and publication of it in the Journal to inform the members of the Legislature.
Sincerely,
Cari Anne Renlund
Secretary
The State of Wisconsin Claims Board conducted hearings at the State Capitol Building in Madison, Wisconsin, on January 24, 2008, upon the following claims:
Claimant Agency
Amount
1. David Sanders Innocent Convict,
§
775.05, Wis. Stats
$23,240.00
2. Jennifer Addis Health & Family
Services $2,260.00
3. Antonio Perkins Corrections $2,467.90
The following claims were considered and decided without hearings:
Claimant Agency
Amount
4. Allen Tony Davis Corrections $479.83
5. Nancy Severson Commerce $5,400.00
6. John & Judy Davis Agriculture, Trade &
Consumer Protection $997.17
7. Sandra L. Hay-Doxtater Revenue $291.70
8. Christopher N. Jacques Natural Resources $500.09
9. Richard Seiberlich Revenue $5,551.59
1. David Sanders of Louisville, Kentucky, claims $23,240.00 compensation for Innocent Convict pursuant to §
775.05, Stats. The claimant, a Catholic Brother, was convicted of sexually assaulting a minor. The victim told police he had been assaulted by a man named "Brother David" and identified the claimant as his assailant. While the case was pending, the victim's grandmother maintained that the claimant was the wrong "Brother David" and that there was a different Brother David who had assaulted the victim. However, the grandmother was not able to provide any additional information to identify the other Brother David and the case proceeded against the claimant. He was convicted in December 2006. In May 2007, the victim's grandmother found a letter written by David Nickerson, a brother of the victim's father. David Nickerson was also a Catholic Brother and was also known as Brother David. The letter was dated during the time period of the assault and thanked the victim's father for allowing the child to come visit him in Delaware, the location where the assault had taken place. Milwaukee Police also determined that the address on the letter was across the street from a park, which matched another detail provided by the victim. Milwaukee Police located David Nickerson in California and he confessed to the crime. On June 22, 2007, based on the new evidence, the Court vacated the jury verdict and dismissed the charges against the claimant with prejudice. The claimant incurred $18,240 in legal defense costs, as well as substantial additional debt when he was unable to pay his rent or taxes. The claimant requests payment of $5,000 for his time in prison and reimbursement for his legal fees.
The Milwaukee County District Attorney's Office does not object to payment of this claim in the amount requested. Although this office believes that the prosecution of the claimant was handled in a thoughtful and responsible fashion, when evidence came to light that the claimant was innocent, the Milwaukee County District Attorney's Office acted in the interest of justice in deciding to dismiss the matter. The District Attorney's Office believes that clear and convincing evidence exists to support this claim and that the claimant should be compensated in the amount requested.
The Board concludes that there is clear and convincing evidence that the claimant is innocent of the crime for which he was convicted. The Board concludes the claim should be paid in the amount of $5,000, plus attorney's fees in the amount of $18,240, for a total award of $23,240. The Board further concludes, under authority of §
16.007 (6m), Stats., payment should be made from the Claims Board appropriation §
20.505(4)(d), Stats. (Member Hunter dissents in part and concurs in part. He concurs that the claimant has proven his innocence and should be awarded $5,000. He dissents with the payment of pre-conviction attorney's fees.)
2. Jennifer Addis of Hancock, Wisconsin, claims $2,260.00 reimbursement for out-of-pocket cost of a wheelchair seat not covered by Wisconsin Medicaid. The claimant is a quadriplegic and is on Social Security Disability. In 2006, she was covered by the Wisconsin Health Insurance Risk Sharing Plan (HIRSP). She requested prior approval from HIRSP for a power wheelchair with attendant features. HIRSP granted full approval for the chair in August 2006. Shortly after receiving the approval, the claimant was hospitalized and remained so until September 26, 2006. During that time, the wheelchair was prepared pursuant to the approved specifications and was ready for delivery upon the claimant's discharge from the hospital. While she was hospitalized, the claimant received notification that she was Medicaid eligible retroactive to June 1, 2006. On September 18, 2006, HIRSP notified her that, due to her Medicaid eligibility, she was no longer eligible for HIRSP and that her coverage would end on September 29, 2006. On September 26, 2006, the wheelchair provider submitted a prior authorization request to Medicaid. On October 12, 2006, Medicaid approved the wheelchair, with the exception of the power adjustable seat, which was disallowed. In order to receive the wheelchair, the claimant was required to pay for the power adjustable seat out-of-pocket. The claimant acknowledges that she received the October 10, 2006, written notice of her Medicaid appeal rights. However, she points to the fact that the appeal instructions notified her to either call the County Human Services office or write a letter to the Division of Hearings and Appeals. The claimant chose the first option and contacted Waushara County Human Services (WCHS) about the denial. WCHS responded that HIRSP had told them that the retroactive Medicaid would not be an issue. The WCHS employee went on to encourage the claimant to file a grievance against HIRSP. The claimant believes that WCHS should have also advised her to file a Medicaid appeal but instead, erroneously steered her away from appealing to Medicaid in a timely fashion and that she therefore lost her right to a Medicaid appeal. The claimant believes that she could have won a Medicaid appeal by proving that, in her case, the power seat is medically necessary and not a "comfort and convenience" item. The claimant's grievance to HIRSP was denied and the claimant was left with no other recourse but to borrow money to pay for the power seat in order to receive her wheelchair. She requests reimbursement of that expense in the amount of $2,260.
The Department of Health & Family Services recommends denial of this claim. In accordance with Medicaid regulations, the provider of the claimant's wheelchair correctly requested prior approval from Medicaid because the order fell within the retroactive Medicaid approval period. Medicaid denied coverage of the power lift adjustable seat pursuant to section HSF 107.24(5)(f), Wis. Adm. Code, which provides that comfort and convenience items such as "cushion lift power seats or elevators, or luxury features which do not contribute to the improvement of the recipient's medical condition" are not covered by Medicaid. DHFS believes that the claimant's power lift adjustable seat falls into this category of comfort and convenience items and cannot be covered by Medicaid. The claimant was notified of her Medicaid appeal rights in the October 10, 2006, notice of denial, which she acknowledges receiving. DHFS states that, even if the claimant had pursued a Medicaid appeal, the outcome would have been the same. Exceptions cannot be made to the rule regarding comfort and convenience items and the seat was appropriately denied. Finally, in regards to any dispute the claimant may have with HIRSP, DHFS points to the fact that HIRSP is no longer part of any state agency as of July 1, 2006. Any claim against HIRSP is not a claim against the state and therefore is not an appropriate claim before the Claims Board.
