2009 Wisconsin Act 28

252.16 (2) Subsidy program. From the appropriation account under s. 20.435 (5) (1) (am), the department shall distribute funding in each fiscal year to subsidize the premium costs under s. 252.17 (2) and, under this subsection, the premium costs for health insurance coverage available to an individual who has HIV infection and who is unable to continue his or her employment or must reduce his or her hours because of an illness or medical condition arising from or related to HIV infection.

28,2534 Section 2534. 252.16 (4) (b) of the statutes is amended to read:

252.16 (4) (b) The obligation of the department to make payments under this section is subject to the availability of funds in the appropriation account under s. 20.435 (5) (1) (am).

28,2535 Section 2535. 252.17 (2) of the statutes is amended to read:

252.17 (2) Subsidy program. The department shall establish and administer a program to subsidize, from the appropriation under s. 20.435 (5) (am), as provided in s. 252.16 (2), the premium costs for coverage under a group health plan that are paid by an individual who has HIV infection and who is on unpaid medical leave from his or her employment because of an illness or medical condition arising from or related to HIV infection.

28,2536 Section 2536. 252.17 (3) (d) of the statutes is amended to read:

252.17 (3) (d) Is covered under a group health plan through his or her employment and pays part or all of the premium for that coverage, including any premium for coverage of the individual's spouse or domestic partner under ch. 770 and dependents.

28,2537 Section 2537. 252.17 (4) (a) of the statutes is amended to read:

252.17 (4) (a) Except as provided in pars. (b), (c) , and (d), if an individual satisfies sub. (3), the department shall pay the amount of each premium payment for coverage under the group health plan under sub. (3) (d) that is due from the individual on or after the date on which the individual becomes eligible for a subsidy under sub. (3). The department may not refuse to pay the full amount of the individual's contribution to each premium payment because the coverage that is provided to the individual who satisfies sub. (3) includes coverage of the individual's spouse or domestic partner under ch. 770 and dependents. Except as provided in par. (b), the department shall terminate the payments under this section when the individual's unpaid medical leave ends, when the individual no longer satisfies sub. (3) or upon the expiration of 29 months after the unpaid medical leave began, whichever occurs first.

28,2538 Section 2538. 252.17 (4) (b) of the statutes is amended to read:

252.17 (4) (b) The obligation of the department to make payments under this section is subject to the availability of funds in the appropriation account under s. 20.435 (5) (1) (am).

28,2539 Section 2539. 252.17 (4) (d) of the statutes is amended to read:

252.17 (4) (d) For an individual who satisfies sub. (3) and who has a family income, as defined by rule under sub. (6) (a), that exceeds 200% but does not exceed 300% of the federal poverty line, as defined under 42 USC 9902 (2), for a family the size of the individual's family, the department shall pay a portion of the amount of each premium payment for the individual's coverage under the group health plan under sub. (3) (d). The portion that the department pays shall be determined according to a schedule established by the department by rule under sub. (6) (c). The department shall pay the portion of the premium determined according to the schedule regardless of whether the individual's coverage under the group health plan under sub. (3) (d) includes coverage of the individual's spouse or domestic partner under ch. 770 and dependents.

28,2540 Section 2540. 253.07 (4) (intro.) of the statutes is amended to read:

253.07 (4) Family planning services. (intro.) From the appropriation account under s. 20.435 (5) (1) (f), the department shall allocate distribute funds in the following amounts, for the following services:

28,2541 Section 2541. 253.08 of the statutes is amended to read:

253.08 Pregnancy counseling services. The department shall make award grants from the appropriation account under s. 20.435 (5) (1) (eg) to individuals and organizations to provide pregnancy counseling services. For a program to be eligible under this section, an applicant must demonstrate that moneys provided in a grant under s. 20.435 (5) (eg) this section will not be used to engage in any activity specified in s. 20.9275 (2) (a) 1. to 3.

28,2542 Section 2542. 253.085 (2) of the statutes is amended to read:

253.085 (2) In addition to the amounts appropriated under s. 20.435 (5) (1) (ev), the department shall allocate distribute $250,000 for each fiscal year from moneys received under the maternal and child health services block grant program, 42 USC 701 to 709, for the outreach program under this section.

28,2543 Section 2543. 253.10 (3) (c) 2. c. of the statutes is amended to read:

253.10 (3) (c) 2. c. That the woman has a legal right to continue her pregnancy and to keep the child; to place the child in a foster home or treatment foster home for 6 months or to petition a court for placement of the child in a foster home, treatment foster home or group home or with a relative; or to place the child for adoption under a process that involves court approval both of the voluntary termination of parental rights and of the adoption.

28,2545d Section 2545d. 253.12 (7) of the statutes is created to read:

253.12 (7) Funding. From the appropriation account under s. 20.435 (1) (gm), the department shall allocate $95,000 annually for the birth defect prevention and surveillance system under this section.

28,2546 Section 2546. 253.13 (2) of the statutes is amended to read:

253.13 (2) Tests; diagnostic, dietary and follow-up counseling program; fees. The department shall contract with the state laboratory of hygiene to perform the tests specified under this section and to furnish materials for use in the tests. The department shall provide necessary diagnostic services, special dietary treatment as prescribed by a physician for a patient with a congenital disorder as identified by tests under sub. (1) or (1m) and follow-up counseling for the patient and his or her family. The state laboratory of hygiene board, on behalf of the department, shall impose a fee for tests performed under this section sufficient to pay for services provided under the contract. The state laboratory of hygiene board shall include as part of this fee amounts the department determines are sufficient to fund the provision of diagnostic and counseling services, special dietary treatment, and periodic evaluation of infant screening programs, the costs of consulting with experts under sub. (5), and the costs of administering the congenital disorder program under this section and shall credit these amounts to the appropriations appropriation accounts under s. 20.435 (1) (ja) and (jb) and (5) (ja).

28,2547 Section 2547. 253.15 (2) of the statutes is amended to read:

253.15 (2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to day care providers under sub. (4), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 48.983 (4) (b) 1. or 2. and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.

28,2548d Section 2548d. 253.15 (4) of the statutes is amended to read:

253.15 (4) Training for day care providers. Before an individual may obtain a license to operate a day care center under s. 48.65 for the care and supervision of children under 5 years of age or enter into a contract to provide a day care program under s. 120.13 (14) for the care and supervision of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or that is provided by a nonprofit organization arranged by the department to provide that training. Before an individual may be certified under s. 48.651 as a day care provider of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the certifying department in a county having a population of 500,000 or more, county department, or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by that department, county department, or contracted agency to provide that training. Before an employee or volunteer of a day care center licensed under s. 48.65, a day care provider certified under s. 48.651, or a day care program established under s. 120.13 (14) may provide care and supervision for children under 5 years of age, the employee or volunteer shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or the certifying county department or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by the department or that county department or contracted agency to provide that training. The person conducting the training shall provide to the individual receiving the training, without cost to the individual, a copy of the written materials purchased or prepared under sub. (2), a presentation of the audiovisual materials purchased or prepared under sub. (2), and an oral explanation of those written and audiovisual materials.

28,2549 Section 2549. 253.15 (6) of the statutes is amended to read:

253.15 (6) Information to home visitation or care coordination services recipients. A county department or Indian tribe that is providing home visitation services under s. 48.983 (4) (b) 1. or 2. and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) shall provide to a recipient of those services, without cost, a copy of the written materials purchased or prepared under sub. (2) and an oral explanation of those materials.

28,2550 Section 2550. 253.15 (7) (e) of the statutes is amended to read:

253.15 (7) (e) A county department or Indian tribe that is providing home visitation services under s. 48.983 (4) (b) 1. or 2. and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) is immune from liability for any damages resulting from any good faith act or omission in providing or failing to provide the written materials and oral explanation specified in sub. (6).

28,2550d Section 2550d. 253.16 (2m) of the statutes is created to read:

253.16 (2m) (a) At least 90 percent of the moneys awarded under sub. (2) and distributed under 2009 Wisconsin Act .... (this act), section 9122 (5v) (j), shall be used for direct services provided to families participating in the program under sub. (2).

(b) The moneys referenced in par. (a) may be used as the state share of Medical Assistance for case management services provided under s. 49.45 (25).

28,2550f Section 2550f. 253.16 (3) (f) of the statutes is created to read:

253.16 (3) (f) Maximize and leverage additional resources, including the maximum allowable Medical Assistance reimbursement for services provided under the program under sub. (2).

28,2550h Section 2550h. 253.16 (5) of the statutes is created to read:

253.16 (5) The department shall do all of the following:

(a) Work with the city and the city health department by providing oversight and approval of the program under sub. (2).

(b) Explore ways to maximize the use of federally qualified health centers for the program under sub. (2).

28,2551 Section 2551. 254.151 (intro.) of the statutes is amended to read:

254.151 Lead poisoning or lead exposure prevention grants. (intro.) From the appropriation account under s. 20.435 (5) (1) (ef), the department shall award the following grants under criteria that the department shall establish in rules promulgated under this section:

28,2552 Section 2552. 254.34 (1) (h) 5. of the statutes is amended to read:

254.34 (1) (h) 5. Develop standards of performance for the regional radon centers and, from the appropriation account under s. 20.435 (5) (1) (ed), allocate distribute funds based on compliance with the standards to provide radon protection information dissemination from the regional radon centers.

28,2552g Section 2552g. 254.47 (7) of the statutes is created to read:

254.47 (7) The department may not require that a swimming pool be staffed by a lifeguard as a condition of receiving a permit under this section if the swimming pool is less than 2,500 square feet, the swimming pool is located in a private club in the city of Milwaukee, and the club has a policy that prohibits a minor from using the swimming pool when not accompanied by an adult.

28,2553 Section 2553. 255.01 (2m) of the statutes is created to read:

255.01 (2m) "Research" means a systematic investigation through scientific inquiry, including development, testing, and evaluation, that is designed to develop or contribute to generalizable knowledge.

28,2554 Section 2554. 255.01 (2n) of the statutes is created to read:

255.01 (2n) "Researcher" means a person who performs research.

28,2555 Section 2555. 255.04 (3) (c) of the statutes is created to read:

255.04 (3) (c) A researcher who proposes to conduct research, if all of the following conditions are met:

1. The researcher applies in writing to the department for approval of access to individually identifiable information under sub. (1) or (5) that is necessary for performance of the proposed research, and the department approves the application. An application under this subdivision shall include all of the following:

a. A written protocol to perform research.

b. The researcher's professional qualifications to perform the proposed research.

c. Documentation of approval of the research protocol by an institutional review board of a domestic institution that has a federalwide assurance approved by the office for human research protections of the federal department of health and human services.

d. Any other information requested by the department.

2. The proposed research is for the purpose of studying cancer, cancer prevention, or cancer control.

28,2556 Section 2556. 255.04 (6) of the statutes is created to read:

255.04 (6) The department may charge a reasonable fee for disclosing information to a researcher under sub. (3) (c).

28,2557 Section 2557. 255.04 (7) of the statutes is created to read:

255.04 (7) Information obtained by the department under sub. (1) or (5) or obtained by a person under sub. (3) (c) is not subject to inspection, copying, or receipt under s. 19.35 (1).

28,2558 Section 2558. 255.04 (8) of the statutes is created to read:

255.04 (8) No person to whom information is disclosed under sub. (3) (c) may do any of the following:

(a) Use the information for a purpose other than for the performance of research as specified in the application under sub. (3) (c) 1., as approved by the department.

(b) Disclose the information to a person who is not connected with performance of the research.

(c) Reveal in the final research product information that may identify an individual whose information is disclosed under sub. (3) (c).

28,2559 Section 2559. 255.04 (9) of the statutes is created to read:

255.04 (9) Whoever violates sub. (8) (a), (b), or (c) is liable to the subject of the information for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation.

28,2560 Section 2560. 255.04 (10) of the statutes is created to read:

255.04 (10) (a) Whoever intentionally violates sub. (8) (a), (b), or (c) may be fined not more than $15,000 or imprisoned for not more than one year in the county jail or both.

(b) Any person who violates sub. (8) (a), (b), or (c) may be required to forfeit not more than $100 for each violation. Each day of continued violation constitutes a separate offense, except that no day in the period between the date on which a request for a hearing is filed under s. 227.44 and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this paragraph constitutes a violation.

(c) The department may directly assess forfeitures under par. (b). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44.

28,2561 Section 2561. 255.05 (2) of the statutes is amended to read:

255.05 (2) From the appropriation account under s. 20.435 (5) (1) (cc), the department shall allocate award up to $400,000 in each fiscal year to provide as grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50%, and the grantee 50%, of the total grant funding.

28,2562 Section 2562. 255.06 (2) (intro.) of the statutes is amended to read:

255.06 (2) (intro.) From the appropriation account under s. 20.435 (5) (1) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, case management, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under s. 20.435 (5) (1) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:

28,2563 Section 2563. 255.15 (3) (b) (intro.) of the statutes is amended to read:

255.15 (3) (b) (intro.) From the appropriation account under s. 20.435 (5) (1) (fm), the department may distribute award grants for any of the following:

28,2564 Section 2564. 255.15 (3) (bm) of the statutes is amended to read:

255.15 (3) (bm) From the appropriation account under s. 20.435 (5) (1) (fm), the department shall distribute $96,000 annually for programs to discourage use of smokeless tobacco.

28,2567 Section 2567. 255.35 (3) (a) of the statutes is amended to read:

255.35 (3) (a) The department shall implement a statewide poison control system, which shall provide poison control services that are available statewide, on a 24-hour per day and 365-day per year basis and shall provide poison information and education to health care professionals and the public. From the appropriation account under s. 20.435 (5) (1) (ds), the department shall, if the requirement under par. (b) is met, distribute total funding of not more than $425,000 in each fiscal year to supplement the operation of the system and to provide for the statewide collection and reporting of poison control data. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.

28,2568 Section 2568. 256.04 (8) of the statutes is amended to read:

256.04 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (5) (1) (ch).

28,2570 Section 2570. 256.12 (2m) (a) of the statutes is amended to read:

256.12 (2m) (a) The department shall contract with a physician to direct the state emergency medical services program. The department may expend from the funding under the federal preventive health services project grant program under 42 USC 2476 under the appropriation account under s. 20.435 (1) (mc), $25,000 in each fiscal year for this purpose.