Amendment ASA1-AB75

AB75-ASA1,596,2 49.25 Incentive payments for identifying children with health insurance. From the appropriation under s. 20.437 (2) (e), the department may provide incentive payments to county child support agencies under s. 59.53 (5) for identifying children who are receiving medical assistance benefits and who have health insurance coverage or access to health insurance coverage. The department of children and families may disclose to the department of health services information that it possesses or obtains that would assist in identifying children with medical assistance coverage who have health insurance coverage or access to health insurance coverage.

AB75-ASA1, s. 1269 Section 1269. 49.26 of the statutes is repealed.

AB75-ASA1, s. 1270 Section 1270. 49.32 (6) of the statutes is amended to read:

AB75-ASA1,596,14 49.32 (6) Welfare reform studies. The department shall request proposals from persons in this state for studies of the effectiveness of various program changes, referred to as welfare reform, to the aid to families with dependent children program, including the requirement that certain recipients of aid to families with dependent children with children under age 6 participate in training programs, the learnfare school attendance requirement under s. 49.26 (1) (g) and the modification of the earned income disregard under s. 49.19 (5) (am). The studies shall evaluate the effectiveness of the various efforts, including their cost-effectiveness, in helping individuals gain independence through the securing of jobs and providing financial incentives and in identifying barriers to independence.

AB75-ASA1, s. 1271 Section 1271. 49.32 (9) (a) of the statutes is amended to read:

AB75-ASA1,597,2 49.32 (9) (a) Each county department under s. 46.215, 46.22, or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving aid to families with dependent children together with the amount paid during the preceding month. Each Wisconsin Works agency administering Wisconsin Works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names of all persons receiving benefits under s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 48.645 or 49.19 (10).

AB75-ASA1, s. 1272 Section 1272. 49.32 (10m) (a) of the statutes is amended to read:

AB75-ASA1,598,9 49.32 (10m) (a) A county department, relief agency under s. 49.01 (3m), 2009 stats., or Wisconsin works Works agency shall, upon request, and after providing the notice to the recipient required by this paragraph, release the current address of a recipient of relief under s. 49.01 (3), 2009 stats., aid to families with dependent children, or benefits under s. 49.148 to a person, the person's attorney, or an employee or agent of that attorney, if the person is a party to a legal action or proceeding in which the recipient is a party or a witness, unless the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127. If the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127, the county department, relief agency, or Wisconsin works Works agency may not release the current address of the recipient. No county department, relief agency, or Wisconsin works Works agency may release an address under this paragraph until 21 days after the address has been requested. A person requesting an address under this paragraph shall be required to prove his or her identity and his or her participation as a party in a legal action or proceeding in which the recipient is a party or a witness by presenting a copy of the pleading or a copy of the subpoena for the witness. The person shall also be required to sign a statement setting forth his or her name, address , and the reasons for making the request and indicating that he or she understands the provisions of par. (b) with respect to the use of the information obtained. The statement shall be made on a form prescribed by the department and shall be sworn and notarized. Within 7 days after an address has been requested under this paragraph, the county department, relief agency, or Wisconsin works Works agency shall mail to each recipient whose address has been requested a notification of that fact on a form prescribed by the department. The form shall also include the date on which the address was requested, the name and address of the person who requested the disclosure of the address, the reason that the address was requested, and a statement that the address will be released to the person who requested the address no sooner than 21 days after the date on which the request for the address was made. County departments, relief agencies, and Wisconsin works Works agencies shall keep a record of each request for an address under this paragraph.

AB75-ASA1, s. 1273 Section 1273. 49.34 (1) of the statutes is amended to read:

AB75-ASA1,598,20 49.34 (1) All services under this subchapter and ch. 48 purchased by the department or by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

AB75-ASA1, s. 1274 Section 1274. 49.343 (title) of the statutes is amended to read:

AB75-ASA1,598,23 49.343 (title) Rates for residential care centers and, group homes, and child welfare agencies.

AB75-ASA1, s. 1275 Section 1275. 49.343 (1) of the statutes is renumbered 49.343 (1g) and amended to read:

AB75-ASA1,599,9 49.343 (1g) Establishment of rates. Subject to sub. (1m), each residential care center for children and youth, as defined in s. 48.02 (15d), and each group home, as defined in s. 48.02 (7), that is incorporated under ch. 180, 181, 185, or 193 shall establish a per client rate for its services and each child welfare agency shall establish a per client administrative rate for the administrative portion of its treatment foster care services. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services.

AB75-ASA1, s. 1276 Section 1276. 49.343 (1d) of the statutes is created to read:

AB75-ASA1,599,11 49.343 (1d) Definitions. In this section:

AB75-ASA1,599,15 (a) "Administrative rate" means the difference between the rate charged by a child welfare agency to a purchaser of treatment foster care services and the rate paid by the child welfare agency to a treatment foster parent for the care and maintenance of a child.

AB75-ASA1,599,17 (b) "Child welfare agency" means a child welfare agency that is authorized under s. 48.61 (7) to license treatment foster homes.

AB75-ASA1,599,18 (c) "Group home" has the meaning given in s. 48.02 (7).

AB75-ASA1,599,20 (d) "Residential care center for children and youth" has the meaning given in s. 48.02 (15d).

AB75-ASA1, s. 1276g Section 1276g. 49.343 (1d) (a) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,600,2 49.343 (1d) (a) "Administrative rate" means the difference between the rate charged by a child welfare agency to a purchaser of treatment foster care services and the rate paid by the child welfare agency to a treatment foster parent for the care and maintenance of a child.

AB75-ASA1, s. 1276j Section 1276j. 49.343 (1d) (b) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,600,6 49.343 (1d) (b) "Child welfare agency" means a child welfare agency that is authorized under s. 48.61 (7) to license treatment foster homes.

AB75-ASA1, s. 1276m Section 1276m. 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 1275, is amended to read:

AB75-ASA1,600,17 49.343 (1g) Establishment of rates. Subject to sub. (1m), each residential care center for children and youth and each group home shall establish a per client rate for its services and each child welfare agency shall establish a per client administrative rate for the administrative portion of its treatment foster care services. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

AB75-ASA1, s. 1277 Section 1277. 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), sections 1275 and 1276m, is repealed and recreated to read:

AB75-ASA1,601,6 49.343 (1g) Establishment of rates. For services provided beginning on January 1, 2011, the department shall establish the per client rate that a residential care center for children and youth or a group home may charge for its services, and the per client administrative rate that a child welfare agency may charge for the administrative portion of its foster care services, as provided in this section. In establishing rates for a placement specified in s. 938.357 (4) (c) 1. or 2., the department shall consult with the department of corrections. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

AB75-ASA1, s. 1278 Section 1278. 49.343 (1m) of the statutes is amended to read:

AB75-ASA1,602,3 49.343 (1m) Negotiation of rates. Notwithstanding sub. (1) (1g), the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a residential care center for children and youth or group home, as described in sub. (1), may negotiate a per client rate for the services of that residential care center for children and youth or group home, and the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a child welfare agency may negotiate a per client administrative rate for the administrative portion of the treatment foster care services of that child welfare agency, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential care center for children and youth or group home or of the treatment foster homes operated by that child welfare agency during the period for which that rate is effective. A residential care center for children and youth or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services the same rate for the same services and a child welfare agency that negotiates a per client administrative rate under this subsection shall charge all purchasers of its treatment foster care services the same administrative rate for the same treatment foster care services.

AB75-ASA1, s. 1278g Section 1278g. 49.343 (1m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 1278, is amended to read:

AB75-ASA1,602,25 49.343 (1m) Negotiation of rates. Notwithstanding sub. (1g), the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a residential care center for children and youth or group home may negotiate a per client rate for the services of that residential care center for children and youth or group home, and the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a child welfare agency may negotiate a per client administrative rate for the administrative portion of the treatment foster care services of that child welfare agency, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential care center for children and youth or group home or of the treatment foster homes operated by that child welfare agency during the period for which that rate is effective. A residential care center for children and youth or group home that negotiates a per client rate under this subsection shall charge all purchasers of its services the same rate for the same services and a child welfare agency that negotiates a per client administrative rate under this subsection shall charge all purchasers of its treatment foster care services the same administrative rate for the same treatment foster care services.

AB75-ASA1, s. 1279 Section 1279. 49.343 (1m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), sections 1278 and 1278g, is repealed.

AB75-ASA1, s. 1280 Section 1280. 49.343 (2) (title) of the statutes is created to read:

AB75-ASA1,603,4 49.343 (2) (title) Determination of rates.

AB75-ASA1, s. 1281 Section 1281. 49.343 (2) of the statutes is renumbered 49.343 (2) (a) and amended to read:

AB75-ASA1,603,18 49.343 (2) (a) A By October 1, 2010, and annually after that, a residential care center for children and youth or a group home, as described in sub. (1) or (1m), shall submit to the department the rate it charges and any change in that rate before a charge is made to any purchaser per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for foster care services provided in the next year. The department shall provide forms and instructions for the submission of rates and changes in proposed rates under this subsection paragraph and a residential care center for children and youth or a , group home, or child welfare agency that is required to submit a rate or a change in a proposed rate under this subsection paragraph shall submit that rate or change in a proposed rate using those forms and instructions.

AB75-ASA1, s. 1282 Section 1282. 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-ASA1,604,4 49.343 (2) (a) By October 1 annually, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.

AB75-ASA1, s. 1283 Section 1283. 49.343 (2) (b) of the statutes is created to read:

AB75-ASA1,604,13 49.343 (2) (b) The department shall review a proposed rate submitted under par. (a) and audit the residential care center for children and youth, group home, or child welfare agency submitting the proposed rate to determine whether the proposed rate is appropriate to the level of services to be provided, the qualifications of the residential care center for children and youth, group home, or child welfare agency to provide those services, and the reasonable and necessary costs of providing those services. In reviewing a proposed rate, the department shall consider all of the following factors:

AB75-ASA1,604,16 1. Changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.

AB75-ASA1,604,19 2. Changes in the allowable costs of the residential care center for children and youth, group home, or child welfare agency based on current actual cost data or documented projections of costs.

AB75-ASA1,604,21 3. Changes in program utilization that affect the per client rate or per client administrative rate.

AB75-ASA1,604,22 4. Changes in the department's expectations relating to service delivery.

AB75-ASA1,604,25 5. Changes in service delivery proposed by the residential care center for children and youth, group home, or child welfare agency and agreed to by the department.

AB75-ASA1,605,2 6. The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client rate or per client administrative rate for services.

AB75-ASA1,605,5 7. Changes in any state or federal laws, rules, or regulations that result in any change in the cost of providing services, including any changes in the minimum wage, as defined in s. 49.141 (1) (g).

AB75-ASA1,605,6 8. Competitive factors.

AB75-ASA1,605,8 9. The availability of funding to pay for the services to be provided under the proposed rate.

AB75-ASA1,605,10 10. Any other factor relevant to the setting of a rate that the department may determine by rule promulgated under sub. (4).

AB75-ASA1, s. 1284 Section 1284. 49.343 (2) (c) of the statutes is created to read:

AB75-ASA1,605,22 49.343 (2) (c) If the department determines under par. (b) that a proposed rate submitted under par. (a) is appropriate, the department shall approve the proposed rate. If the department does not approve a proposed rate, the department shall negotiate with the residential care center for children and youth, group home, or child welfare agency to determine an agreed to rate. If after negotiations a rate is not agreed to, the department and residential care center for children and youth, group home, or child welfare agency shall engage in mediation under the rate resolution procedure promulgated by rule under sub. (4) to arrive at an agreed to rate. If after mediation a rate is not agreed to, the residential care center for children and youth, group home, or child welfare agency may not provide the service for which the rate was proposed.

AB75-ASA1, s. 1285 Section 1285. 49.343 (3) of the statutes is amended to read:

AB75-ASA1,606,3 49.343 (3) Audit. The department may require an audit of any residential care center for children and youth or, group home, as described in sub. (1) or (1m), or child welfare agency for the purpose of collecting federal funds.

AB75-ASA1, s. 1286 Section 1286. 49.343 (4) of the statutes is created to read:

AB75-ASA1,606,6 49.343 (4) Rules. The department shall promulgate rules to implement this section. Those rules shall include rules providing for all of the following:

AB75-ASA1,606,10 (a) Standards for determining whether a proposed rate is appropriate to the level of services to be provided, the qualifications of a residential care center for children and youth, group home, or child welfare agency to provide those services, and the reasonable and necessary costs of providing those services.

AB75-ASA1,606,11 (b) Factors for the department to consider in reviewing a proposed rate.

AB75-ASA1,606,14 (c) Procedures for reviewing proposed rates, including rate resolution procedures for mediating an agreed to rate when negotiations fail to produce an agreed to rate.

AB75-ASA1, s. 1287 Section 1287. 49.345 (14) (a) of the statutes is amended to read:

AB75-ASA1,607,2 49.345 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 49.32 (1) for care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, subsidized guardianship homes, and residential care centers for children and youth is determined in accordance with the cost-based fee established under s. 49.32 (1). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay established by the department under s. 49.32 (1). Any liability of the person not payable by any other person terminates when the person reaches age 18, unless the liable person has prevented payment by any act or omission.

AB75-ASA1, s. 1288 Section 1288. 49.345 (14) (b) of the statutes is amended to read:

AB75-ASA1,607,11 49.345 (14) (b) Except as provided in par. (c), and subject to par. (cm), liability of a parent specified in sub. (2) or s. 49.32 (1) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

AB75-ASA1, s. 1289 Section 1289. 49.45 (3) (e) 7. of the statutes is amended to read:

AB75-ASA1,608,5 49.45 (3) (e) 7. The daily reimbursement or payment rate to a hospital for services provided to medical assistance recipients awaiting admission to a skilled nursing home, intermediate care facility, community-based residential facility, group home, foster home, treatment foster home or other custodial living arrangement may not exceed the maximum reimbursement or payment rate based on the average adjusted state skilled nursing facility rate, created under sub. (6m). This limited reimbursement or payment rate to a hospital commences on the date the department, through its own data or information provided by hospitals, determines that continued hospitalization is no longer medically necessary or appropriate during a period where when the recipient awaits placement in an alternate custodial living arrangement. The department may contract with a peer review organization, established under 42 USC 1320c to 1320c-10, to determine that continued hospitalization of a recipient is no longer necessary and that admission to an alternate custodial living arrangement is more appropriate for the continued care of the recipient. In addition, the department may contract with a peer review organization to determine the medical necessity or appropriateness of physician services or other services provided during the period when a hospital patient awaits placement in an alternate custodial living arrangement.

AB75-ASA1, s. 1289m Section 1289m. 49.45 (3) (e) 10r. of the statutes is created to read:

AB75-ASA1,608,13 49.45 (3) (e) 10r. All facilities listed in a certificate of approval issued to a free-standing pediatric teaching hospital under s. 50.35 are a hospital for purposes of reimbursement under this section. Notwithstanding this subdivision, the department shall use physician clinic reimbursement rates to reimburse the facilities under this section for types of services for which, before July 1, 2009, the department reimbursed the facilities using physician clinic reimbursement rates, as determined by the department.

AB75-ASA1, s. 1290 Section 1290. 49.45 (6b) of the statutes is amended to read:

AB75-ASA1,609,2 49.45 (6b) Centers for the developmentally disabled. From the appropriation under s. 20.435 (2) (gk), the department may reimburse the cost of services provided by the centers for the developmentally disabled. Reimbursement to the centers for the developmentally disabled shall be reduced following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, by $225 per day, beginning in fiscal year 2002-03, and by $325 per day, beginning in fiscal year 2004 Beginning in fiscal year 2009-10, following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, the department shall reduce the reimbursement to the center by an amount, as determined by the department for each placement, that is equal to the nonfederal share of the costs for the placement under s. 46.275.

AB75-ASA1, s. 1291 Section 1291. 49.45 (6m) (br) 1. of the statutes is amended to read:

AB75-ASA1,609,12 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435 (4) (bt) or (7) (b) or 20.437 (2) (dz), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.435 (4) (bt) or (7) (b), or the department shall direct the department of children and families to reduce allocations of funds to counties or Wisconsin Works agencies in the amount of the disallowance from the appropriation account under s. 20.437 (2) (dz) or direct the department of corrections to reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.410 (3) (cd), in accordance with s. 16.544 to the extent applicable.

AB75-ASA1, s. 1292 Section 1292. 49.45 (6m) (e) of the statutes is repealed.

AB75-ASA1, s. 1293 Section 1293. 49.45 (6u) (b) of the statutes is amended to read:

AB75-ASA1,609,22 49.45 (6u) (b) Notwithstanding the limitation on the amount of disbursements under par. (am) (intro.), from the appropriation under s. 20.435 (4) (wm), the department shall, using the criteria specified in par. (am) 1. to 7., disburse any federal medical assistance funds that are received by the state as matching funds to federal financial participation for operating deficits incurred by a facility that is operated by a county, city, village, or town and that are in excess of the amount of match federal financial participation anticipated and budgeted as revenue in the biennial budget act for the fiscal year in which the funds are received.

AB75-ASA1, s. 1294c Section 1294c. 49.45 (6y) (a) of the statutes, as affected by 2009 Wisconsin Act 2, is repealed.

AB75-ASA1, s. 1294d Section 1294d. 49.45 (6y) (am) of the statutes, as affected by 2009 Wisconsin Act 2, is repealed.

AB75-ASA1, s. 1294h Section 1294h. 49.45 (6y) (b) of the statutes is repealed.

AB75-ASA1, s. 1295 Section 1295. 49.45 (6z) of the statutes, as affected by 2009 Wisconsin Act 2, is repealed.

AB75-ASA1, s. 1296 Section 1296. 49.45 (8r) of the statutes is amended to read:

AB75-ASA1,610,13 49.45 (8r) Payment for certain obstetric and gynecological care. The rate of payment for obstetric and gynecological care provided in primary care shortage areas, as defined in s. 560.183 36.60 (1) (cm), or provided to recipients of medical assistance who reside in primary care shortage areas, that is equal to 125% of the rates paid under this section to primary care physicians in primary care shortage areas, shall be paid to all certified primary care providers who provide obstetric or gynecological care to those recipients.

AB75-ASA1, s. 1297 Section 1297. 49.45 (18) (am) of the statutes is renumbered 49.45 (18) (am) 1. and amended to read:

AB75-ASA1,610,19 49.45 (18) (am) 1. No Except as provided in subd. 2., no person is liable under this subsection for services provided through prepayment contracts. This paragraph does not apply to a person who is eligible for the benefits under s. 49.46 (2) (a) and (b) under s. 49.471.

AB75-ASA1, s. 1298 Section 1298. 49.45 (18) (am) 2. of the statutes is created to read:

AB75-ASA1,610,24 49.45 (18) (am) 2. A person who is eligible for the benefits under s. 49.46 (2) (a) and (b) under s. 49.471 is liable under this subsection for services provided through a prepayment contract in the amounts and according to the procedures specified by the department.

AB75-ASA1, s. 1299 Section 1299. 49.45 (18) (b) 2. of the statutes is amended to read:

AB75-ASA1,611,4 49.45 (18) (b) 2. Any service provided to a person who is less than 18 years old. This subdivision does not apply if the person's family income exceeds 100 percent of the poverty line and he or she is eligible for the benefits under s. 49.46 (2) (a) and (b) under s. 49.471.

AB75-ASA1, s. 1301 Section 1301. 49.45 (23) (b) of the statutes is amended to read:

AB75-ASA1,611,13 49.45 (23) (b) If the waiver is granted and in effect, the department may promulgate rules defining the health care benefit plan, including more specific eligibility requirements and cost-sharing requirements. Cost sharing may include an annual enrollment fee, which may not exceed $75 per year. Notwithstanding s. 227.24 (3), the plan details under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency. If the waiver is granted and in effect, the demonstration project under this subsection shall begin on January 1, 2009, or on the effective date of the waiver, whichever is later.