2009 Wisconsin Act 28

(1) Transfer of food and hunger prevention programs.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of children and families that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of health services.

(b) Employee transfers. The classified positions, and incumbent employees holding positions, in the department of children and families that are funded with general purpose revenue or program revenue and are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, are transferred to the department of health services.

(c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of health services that they enjoyed in the department of children and families immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of children and families that is primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, shall be transferred to the department of health services.

(e) Contracts. All contracts entered into by the department of health and family services, before July 1, 2008, or by the department of children and families that are in effect on the effective date of this paragraph and that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of health services. The department of health services shall carry out any such contractual obligations unless modified or rescinded by the department of health services to the extent allowed under the contract.

(f) Pending matters. Any matter pending with the department of children and families on the effective date of this paragraph that is primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, is transferred to the department of health services and all materials submitted to or actions taken by the department of children and families with respect to the pending matter are considered as having been submitted to or taken by the department of health services.

(g) Rules and orders. All administrative rules that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of health services. All orders issued by the department of health and family services, before July 1, 2008, or by the department of children and families that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of health services.

(2) Personal care provider agency; rules. Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules establishing criteria for certification of agencies that provide personal care services under the Medical Assistance Program, which shall remain in effect until the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

(3) Quality home care; rules. Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules under section 46.2898 (7) of the statutes, as created by this act, which shall remain in effect until the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

(3f) Quality home care; county participation. For purposes of section 46.2898 (1) (cm) 1. a., (2) (b) and (c), and (4) of the statutes, as created by this act, a county in which an organization received a grant under section 46.48 (9), 2007 stats., is considered to act under section 46.2898 (2) (a) of the statutes, as created by this act, if the county department of human services notifies the Wisconsin Quality Home Care Authority of its intent to follow procedures under section 46.2898 of the statutes, as created by this act.

(4) Federal Medical Assistance percentages.

(a) If permitted under federal law, and notwithstanding section 49.45 (25) and (41) of the statutes, as affected by this act, and section 49.45 (30), (30e), (39) (b), and (45) of the statutes, for Medical Assistance services under section 49.45 (25) and (41) of the statutes, as affected by this act, and section 49.45 (30), (30e), (39) (b), and (45) of the statutes, for which the department of health services disburses to the provider the federal share, or a percentage of the federal share, of allowable costs for providing the service, the percentages used to determine the federal share shall be the following, regardless of whether the federal government increases the percentages:

1. For services provided during the period from October 1, 2008, through September 30, 2009, the federal Medical Assistance percentages for federal fiscal year 2009 that are published in the federal register on November 28, 2007, on pages 67304 to 67306.

2. For services provided during the period from October 1, 2009, through December 31, 2010, the federal Medical Assistance percentages for federal fiscal year 2010 that are published in the federal register on November 26, 2008, on pages 72051 to 72053.

(b) For services under section 49.45 (30m) (a) 1. of the statutes, the department of health services shall calculate the portion of the payment that is not provided by the federal government, and that the county shall provide, using the applicable federal Medical Assistance percentages under paragraph (a) 1. and 2.

(cq) For services under section 49.45 (30r) of the statutes, as created by this act, the department of health services shall calculate the portion of the payment that is not provided by the federal government, and that the county shall provide, using the federal Medical Assistance percentage that is applicable when the service is provided.

(4f) Medical assistance transportation manager reports.

(a) Before contracting with an entity to provide management services for transportation to obtain nonemergency medical care, as specified under section 49.46 (2) (b) 3. of the statutes, as affected by this act, the department of health services shall submit a report to the joint committee on finance that describes the steps taken by the department of health services to guarantee that the entity with which the department of health services contracts will be required to do all of the following:

1. Coordinate management activities, on an ongoing basis, with existing local transit systems.

2. Guarantee adequate access, as defined by the department of health services, to nonemergency medical transportation services for medical assistance recipients throughout the state, including in rural counties.

(b) 1. In this paragraph, "transportation manager" means the entity with which the department of health services contracts to provide management for transportation services under section 49.46 (2) (b) 3. of the statutes, as affected by this act.

2. Before January 31, 2011, the department of health services shall prepare and submit to the joint committee on finance a report that analyzes all of the following:

a. Whether, through December 31, 2010, the transportation manager achieved savings or other efficiencies in the delivery of transportation services to medical assistance recipients.

b. Whether the transportation manager helped enable the state to claim additional federal financial participation for common carrier services.

c. How the transportation manager affected access to services for medical assistance recipients statewide.

(4q) Family Care expansion to Langlade County. (a) The department of health services shall contract with an entity to provide the services under section 46.283 (3) of the statutes and section 46.283 (4) of the statutes, as affected by this act, as a resource center such that services of a resource center are available to residents of Langlade County on May 1, 2010.

(b) The department of health services shall contract with an entity as provided under section 46.284 (2) of the statutes to administer the family care benefit as a care management organization such that the family care benefit is available to residents of Langlade County on July 1, 2010.

(5d) Veterans homes exemption from nursing home bed assessment. Notwithstanding section 50.14 (2) of the statutes, the Wisconsin Veterans Home at King and the Wisconsin Veterans Home at Union Grove are not required to pay the per-bed assessment on nursing homes under section 50.14 (2) (am) of the statutes during the fiscal biennium in which this subsection takes effect.

(5f) Study of family child care provider health insurance coverage. The department of health services shall conduct a study of the health insurance coverage of child care providers certified under section 48.651 of the statutes, as affected by this act, and of child care providers licensed under section 48.65 of the statutes, as affected by this act, or under section 48.69 of the statutes who provide care and supervision for not more than 8 children who are not related to those child care providers to determine the efficacy of the legislature authorizing that department to request from the secretary of the federal department of health and human services a medical assistance waiver to expand eligibility for benefits under the BadgerCare Plus Medical Assistance program under section 49.471 of the statutes, as affected by this act, to those child care providers.

(5i) Hospital assessment payments. Notwithstanding 2009 Wisconsin Act 2, section 9122 (1) (a), the amounts of the 2 hospital assessment payments imposed on eligible hospitals under section 50.38 (2) of the statutes for the second fiscal year of the fiscal biennium in which this subsection takes effect need not be equal.

(5k) Dental health clinic grant. From the appropriation to the department of health services under section 20.435 (1) (dj) of the statutes, as created by this act, the department of health services shall award a grant to Milwaukee Health Services Incorporated for dental services and equipment at a clinic having an address with the zip code 53218.

(5u) Seal-a-smile dental sealant program. The department of health services shall determine whether any federal moneys are available in federal fiscal year 2009-10 for the school-based dental sealant program under section 250.10 (1m) (b) of the statutes, as affected by this act, and, if such moneys are available, shall apply for them. If the department receives federal moneys for the school-based dental sealant program, it shall allocate to the recipient of the grant for the school-based dental sealant program under section 250.10 (1m) (b) of the statutes, as affected by this act, an amount of the federal moneys that is equal to moneys donated to the grant recipient by individuals and organizations for the school-based dental sealant program. The grant recipient shall use moneys allocated by the department of health services under this subsection to make grants for dental services, and may not use the moneys for its administrative costs. Federal moneys allocated by the department of health services under this subsection for the school-based dental sealant program shall be in addition to moneys appropriated for the program under section 20.435 (1) (de) of the statutes, as affected by this act.

(5v) Short-term funding changes; grants. From the appropriation account under section 20.435 (1) (gm) of the statutes, as affected by this act, the department of health services shall allocate all of the following:

(a) To subsidize premium payments under sections 252.16 and 252.17 of the statutes, as affected by this act, for individuals with human immunodeficiency virus and for the reimbursement or supplement of the reimbursement of azidothymidine, pentamidine, and certain other drugs under section 49.686 of the statutes, as affected by this act, $363,100 in the second fiscal year of the fiscal biennium in which this paragraph takes effect.

(b) For the poison control program under section 255.35 of the statutes, as affected by this act, $102,200 in each fiscal year of the fiscal biennium in which this paragraph takes effect.

(c) For community health services grants under section 250.15 of the statutes, as affected by this act, $255,500 in each fiscal year of the fiscal biennium in which this paragraph takes effect.

(d) To the AIDS Network in Madison, Wisconsin, $25,000 in each fiscal year of the fiscal biennium in which this paragraph takes effect.

(e) To a health center located at Lincoln Plaza on South 108th Street in Milwaukee County that performs colposcopies for low-income women and performs loop electrosurgical excision procedures, $16,300 in each fiscal year of the fiscal biennium in which this paragraph takes effect to provide loop electrosurgical excision procedures and provide follow-up care, including hysterectomies, for patients treated for cervical cancer.

(f) To the Marquette University School of Dentistry, $8,800 in each fiscal year of the fiscal biennium in which this paragraph takes effect for clinical education under section 250.10 (1m) (a) of the statutes, as affected by this act.

(g) To Lakes Community Dental Center in Ashland County, $25,000 in each fiscal year of the fiscal biennium in which this paragraph takes effect for dental services.

(h) To La Crosse Community Dental, $25,000 in each fiscal year of the fiscal biennium in which this paragraph takes effect for dental services.

(i) To Health Care for the Homeless in Milwaukee, $25,000 in each fiscal year of the fiscal biennium in which this paragraph takes effect for primary health care services and other services described under section 46.972 of the statutes, as affected by this act.

(j) Twenty-five thousand dollars in each fiscal year of the fiscal biennium in which this paragraph takes effect, for services under section 253.16 of the statutes, as affected by this act, to reduce fetal and infant mortality and morbidity.

(5w) Independent living center appropriation base amount. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2011-13 biennial budget bill, the department of health services shall submit information concerning the appropriation under section 20.435 (7) (c) of the statutes as though the amount appropriated under that appropriation for the second fiscal year of the fiscal biennium in which this subsection takes effect had been $983,500.

(5x) Income maintenance management reports. The department of health services shall provide to the joint committee on finance copies of all reports documenting its management of the Milwaukee County income maintenance programs, including all monthly Milwaukee County Enrollment Services reports, that the department is required to provide to the plaintiffs in the litigation commenced against department officials and others, known as West v. Timberlake, under a settlement agreement entered into on April 16, 2009.

(6i) 2009-11 independent rural hospital supplements. From the appropriation account under section 20.435 (4) (b) of the statutes and, if the federal government authorizes federal financial participation under the federal Medicaid program for payments under this subsection, from the appropriation account under section 20.435 (4) (o) of the statutes, the department of health services shall pay each independent, rural, hospital that is located in a county that borders another state and that is not a critical access hospital the following amounts:

(a) In the first fiscal year of the fiscal biennium in which this paragraph takes effect, $300,000.

(b) In the second fiscal year of the fiscal biennium in which this paragraph takes effect, $400,000.

(6q) Grant for HIV infection services. From the appropriation account under section 20.435 (1) (ma) of the statutes, as created by this act, the department of health services shall provide to the Black Health Coalition of Wisconsin, Inc., $100,000 in the first fiscal year of the fiscal biennium in which this subsection takes effect as a grant to provide human immunodeficiency virus infection outreach, education, referral, and other services.

(6v) Poison control funding. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2011-13 biennial budget bill, the department of health services shall submit information concerning the appropriation under section 20.435 (1) (ds) of the statutes, as affected by this act, as though the amount in the schedule for fiscal year 2010-11 had been $425,000.

(7i) Committee on preservation of intermediate care facilities for the mentally retarded. The secretary of the department of health services shall appoint a committee to study and report on the need for existing intermediate care facilities for the mentally retarded in maintaining an effective, high-quality, planned system of services for persons with developmental disabilities. The membership of the committee shall include at least one member of the senate, at least one member of the assembly, representatives of operators and administrators of intermediate care facilities for the mentally retarded, and representatives of consumer advocates. The department of health services shall submit the committee's report, and any recommendations made by the committee, to the joint committee on finance by December 1, 2009.

(7v) Community health services grants funding. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2011-13 biennial budget bill, the department of health services shall submit information concerning the appropriation under section 20.435 (1) (fh) of the statutes, as affected by this act, as though the amount in the schedule for fiscal year 2010-11 had been $6,100,000.

(8v) Birth defect prevention and surveillance report. Before December 1, 2009, the department of health services shall prepare and submit to the appropriate standing committees of the legislature under section 13.172 (3) of the statutes, a report including all of the following:

(a) Recommendations for improving the birth defect prevention and surveillance system under section 253.12 of the statutes.

(b) Standards for measuring the birth defect prevention and surveillance system performance.

(c) Individual privacy considerations involved in any recommendations under paragraph (a).

(d) A review of potential federal and private funding sources for the birth defect prevention and surveillance system.

(10q) Medical Assistance quality and cost reduction report.

(a) Before January 1, 2010, the department of health services shall submit to the legislature in the manner provided under section 13.172 (2) of the statutes a report that discusses all of the following proposals:

5. Creating a surveillance system for adverse events that result in poor patient outcomes and include reporting of health care associated infections.

6. Requiring all medical assistance providers to participate in care coordination incentive programs.

7. Modifying how health maintenance organizations deliver services to medical assistance recipients, such as requiring health maintenance organizations to make available a toll-free, 24 hours per day, 7 days per week triage hotline and help desk staffed by nurses; provide prenatal case coordination; institute a chronic disease management program, including substance abuse screening and intervention and other lifestyle screening and intervention; report health care associated infections; and institute care coordination incentives.

8. Reducing funding to support the administrative component of the capitation payments the department of health services makes to health maintenance organizations for medical assistance recipients.

9. Reducing fee-for-service payments to health care providers in cases in which a patient, who receives medical assistance benefits, is readmitted to a hospital within 30 days of release from a hospital following treatment for the same condition, or following a preventable, adverse event.

10. Prohibiting inclusion of a provision in a contract between the department of health services and a managed care organization that would allow any managed care organization, or an agency with which the managed care organization contracts, to withhold, as confidential, proprietary, or a trade secret, information on provider payment rates pertaining to medical assistance recipients and modifying section 19.36 (5) of the statutes to specify that, in that subsection, information on provider payment rates is not a trade secret.

(b) The report under paragraph (a) shall include a discussion of all of the following for each proposal under paragraph (a) 5. to 10.:

1. The potential effect on improving the quality of care for medical assistance recipients.

2. The estimated savings that may result by implementation.

3. The feasibility of implementation.

(11q) Joint committee on finance review of medical assistance spending plan. The department of health services shall by August 1, 2009, submit a plan to the joint committee on finance for administering the Medical Assistance Program under subchapter IV of chapter 49 of the statutes and the prescription drug assistance program for the elderly under section 49.688 of the statutes in the 2009-11 fiscal biennium within the funding appropriated for these programs under this act. The plan shall include a description of the measures the department intends to implement to realize cost efficiencies and cost reductions in the Medical Assistance Program and the prescription drug assistance program for the elderly. The plan shall include an estimate of savings in state and federal expenditures, by fiscal year, for each component of the plan and for the plan as a whole. The department may implement the plan unless the committee, by September 1, 2009, approves an alternative plan for administering the Medical Assistance Program and the prescription drug assistance program for the elderly within the funding appropriated for these programs under this act. If the committee meets to review the department's plan and approves an alternative plan by September 1, 2009, the department shall implement the alternative plan.

(12u) Employment and training activities. The department of health services shall work with Portage, Adams, Wood, and Milwaukee counties to modify the employment and training program under section 49.79 (9) of the statutes in those counties for the purpose of increasing the amount of federal funding that the state receives under the program.

28,9125 Section 9125. Nonstatutory provisions; Housing and Economic Development Authority.

(1f) Grant to Household Abuse Victims Emergency Network of the city of Merrill. Notwithstanding section 234.165 (2) (c) (intro.) of the statutes, the Wisconsin Housing and Economic Development Authority shall pay, in fiscal year 2009-10, a grant in the amount of $25,000 from its actual surplus under section 234.165 of the statutes and, in fiscal year 2010-11, a grant in the amount of $25,000 from its actual surplus under section 234.165 of the statutes to the Household Abuse Victims Emergency Network of the city of Merrill for the purpose of renovating a domestic abuse shelter serving Langlade, Lincoln, Taylor, Vilas, and Oneida counties.

28,9126 Section 9126. Nonstatutory provisions; Insurance.

(1) Rules for uniform application. The commissioner of insurance shall submit in proposed form the rules required under section 601.41 (10) (a) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 12th month beginning after the effective date of this subsection.

28,9130 Section 9130. Nonstatutory provisions; Justice.

(1q) Request to investigate income maintenance fraud. It is requested that the department of justice investigate whether county administrative fraud was committed before May 1, 2009, in connection with the administration of any income maintenance program, as defined in section 49.78 (1) (b) of the statutes, in Milwaukee County.

28,9131 Section 9131. Nonstatutory provisions; Legislature.

(2f) Audit of Milwaukee child welfare program.

(a) Performance evaluation audit. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the programs administered by the bureau of Milwaukee child welfare in the department of children and families. If the committee directs the legislative audit bureau to conduct the audit, the audit shall address all of the following:

1. The timeliness of the bureau in investigating allegations of child abuse or neglect.

2. The effectiveness of the out-of-home care and in-home safety services provided by the bureau in achieving safety and permanence for children, including the effectiveness of the bureau in coordinating its services.

3. The effectiveness of the bureau in achieving the performance standards required under an agreement entered into to settle Jeanine B. et al. v. James Doyle et al., No. 93-C-547 (E.D. Wis.).

(b) Financial audit. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a financial audit of the bureau of Milwaukee child welfare in the department of children and families. If the committee directs the legislative audit bureau to conduct the audit, the audit shall address the funding of the programs administered by the bureau and the appropriateness of the expenditures made by the bureau and by contractors of the bureau. If conducted, the audit shall also address issues concerning turnover, qualifications, training, workloads, and salaries of the staff of the bureau.

(cm) Report. If an audit is conducted under paragraph (a) or (b), the legislative audit bureau shall file a report of the audit as described in section 13.94 (1) of the statutes by July 1, 2010.

(2g) Pension study. The joint survey committee on retirement systems is requested to study the impact of increasing the initial amount of the normal form annuity under section 40.23 (2m) (b) of the statues from 65 percent to 70 percent of the participant's final average earnings for participants whose formula rate is determined under section 40.23 (2m) (e) 3. of the statutes and to report its findings to the legislature before July 1, 2010.

(3q) Out-of-state travel by employees of legislative service agencies. During the 2009-11 fiscal biennium, no employee of the legislative reference bureau, the legislative fiscal bureau, the legislative audit bureau, the legislative technology services bureau, and the legislative council staff may be reimbursed for any out-of-state travel expenses without the written approval of the senate committee on organization and the speaker of the assembly.

28,9133 Section 9133. Nonstatutory provisions; Local Government.