Amendment ASA1-AB75

AB75-ASA1,1799,10 (2) District attorney position; Chippewa County. From the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration shall expend $24,750 in fiscal year 2009-10 and $25,400 in fiscal year 2010-11 to fund 0.25 assistant district attorney position in Chippewa County.

AB75-ASA1,1799,15 (3) Prosecution of drug crimes; St. Croix County. From the appropriation account under section 20.455 (2) (kp) of the statutes, the department of justice shall expend $103,000 in fiscal year 2009-10 and $106,000 in fiscal year 2010-11 to fund 1.0 assistant district attorney position in St. Croix County to prosecute criminal violations of chapter 961 of the statutes.

AB75-ASA1,1799,23 (4) Prosecution of drug crimes; Milwaukee County. From the appropriation account under section 20.455 (2) (kp) of the statutes, the department of justice, and from the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration, shall expend $153,250 in fiscal year 2009-10 and $158,250 in fiscal year 2010-11 to fund 2.0 assistant district attorney positions in Milwaukee County to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.

AB75-ASA1,1800,6 (5) Prosecution of drug crimes; Dane County. From the appropriation account under section 20.455 (2) (kp) of the statutes, the department of justice, and from the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration, shall expend $85,000 in fiscal year 2009-10 and $87,500 in fiscal year 2010-11 to fund 0.75 assistant district attorney position in Dane County to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.

AB75-ASA1, s. 9114 Section 9114. Nonstatutory provisions; Educational Communications Board.

AB75-ASA1, s. 9115 Section 9115. Nonstatutory provisions; Employee Trust Funds.

AB75-ASA1,1800,15 (1u) Treatment of survivor benefits for federal tax purposes. Before January 1, 2010, the department of employee trust funds shall determine whether survivor benefits under subchapter VI of chapter 40 of the statutes are subject to taxation under the Internal Revenue Code, as defined in section 40.02 (39m) of the statues, and shall ensure that survivor benefits are reported to the Internal Revenue Service in a manner that does not result in an erroneous tax liability for the recipient of the survivor benefits.

AB75-ASA1,1801,9 (1x) Supplemental appropriations for department of employee trust funds. During the 2009-11 fiscal biennium, the secretary of employee trust funds may submit one or more requests to the joint committee on finance to supplement the appropriation under section 20.515 (1) (w) of the statutes from the appropriation account under section 20.865 (4) (u) of the statutes for additional agency funding and authorized positions. Before submitting a request under this subsection, the secretary shall develop a methodology for determining the number of authorized positions the department of employee trust funds requires to exercise its powers and perform its duties under chapter 40 of the statutes. If the secretary intends to request additional authorized positions beyond the number derived from the methodology, the employee trust funds board must first approve the request before the secretary submits the request to the joint committee on finance. Any request submitted under this subsection shall be submitted by the applicable due date for agency requests for any of the joint committee on finance's quarterly meetings under section 13.10 of the statutes and shall also include the methodology used by the secretary. Notwithstanding section 13.101 (3) of the statutes, the joint committee on finance is not required to find that an emergency exists prior to making the supplementation under this subsection.

AB75-ASA1, s. 9116 Section 9116. Nonstatutory provisions; Employment Relations Commission.

AB75-ASA1,1801,11 (1x) Interest arbitration for school district employees.

AB75-ASA1,1801,19 (a) Notwithstanding section 111.70 (4) (cm) 5s. and 6. a. of the statutes, if a collective bargaining unit containing school district professional employees, as defined in section 111.70 (1) (ne) of the statutes, and a school district are deadlocked in a dispute over a collective bargaining agreement that is to begin on or after July 1, 2009, and the dispute is over wages, hours, or conditions of employment, the Employment Relations Commission may not initiate compulsory, final, and binding arbitration unless the parties to the dispute jointly petition the Employment Relations Commission in writing.

AB75-ASA1,1801,20 (b) Paragraph (a) does not apply after July 1, 2010.

AB75-ASA1, s. 9117 Section 9117. Nonstatutory provisions; Financial Institutions.

AB75-ASA1, s. 9118 Section 9118. Nonstatutory provisions; Fox River Navigational System Authority.

AB75-ASA1, s. 9119 Section 9119. Nonstatutory provisions; Government Accountability Board.

AB75-ASA1, s. 9120 Section 9120. Nonstatutory provisions; Governor.

AB75-ASA1, s. 9121 Section 9121. Nonstatutory provisions; Health and Educational Facilities Authority.

AB75-ASA1, s. 9122 Section 9122. Nonstatutory provisions; Health Services.

AB75-ASA1,1802,5 (1) Transfer of food and hunger prevention programs.

AB75-ASA1,1802,12 (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.

AB75-ASA1,1802,20 (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.

AB75-ASA1,1803,3 (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.

AB75-ASA1,1803,10 (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.

AB75-ASA1,1803,20 (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.

AB75-ASA1,1804,4 (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.

AB75-ASA1,1804,19 (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.

AB75-ASA1,1805,4 (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.

AB75-ASA1,1805,14 (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.

AB75-ASA1,1805,21 (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 health department 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.

AB75-ASA1,1805,22 (4) Federal Medical Assistance percentages.

AB75-ASA1,1806,5 (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:

AB75-ASA1,1806,9 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.

AB75-ASA1,1806,13 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.

AB75-ASA1,1806,17 (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.

AB75-ASA1,1806,18 (4f) Medical assistance transportation manager reports.

AB75-ASA1,1806,25 (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:

AB75-ASA1,1807,2 1. Coordinate management activities, on an ongoing basis, with existing local transit systems.

AB75-ASA1,1807,5 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.

AB75-ASA1,1807,9 (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.

AB75-ASA1,1807,11 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:

AB75-ASA1,1807,14 a. Whether, through December 31, 2010, the transportation manager achieved savings or other efficiencies in the delivery of transportation services to medical assistance recipients.

AB75-ASA1,1807,16 b. Whether the transportation manager helped enable the state to claim additional federal financial participation for common carrier services.

AB75-ASA1,1807,18 c. How the transportation manager affected access to services for medical assistance recipients statewide.

AB75-ASA1,1807,23 (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.

AB75-ASA1,1808,9 (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.

AB75-ASA1,1808,13 (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.

AB75-ASA1,1809,3 (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.

AB75-ASA1,1809,6 (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:

AB75-ASA1,1809,12 (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.

AB75-ASA1,1809,15 (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.

AB75-ASA1,1809,18 (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.

AB75-ASA1,1809,20 (d) To the AIDS Network in Madison, Wisconsin, $25,000 in each fiscal year of the fiscal biennium in which this paragraph takes effect.

AB75-ASA1,1810,2 (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.

AB75-ASA1,1810,5 (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.

AB75-ASA1,1810,8 (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.

AB75-ASA1,1810,10 (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.

AB75-ASA1,1810,14 (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.

AB75-ASA1,1810,17 (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.

AB75-ASA1,1810,24 (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.

AB75-ASA1,1811,7 (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.

AB75-ASA1,1811,14 (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:

AB75-ASA1,1811,16 (a) In the first fiscal year of the fiscal biennium in which this paragraph takes effect, $300,000.

AB75-ASA1,1811,18 (b) In the second fiscal year of the fiscal biennium in which this paragraph takes effect, $400,000.

AB75-ASA1,1811,24 (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.

AB75-ASA1,1812,11 (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.

AB75-ASA1,1812,17 (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.

AB75-ASA1,1812,21 (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:

AB75-ASA1,1812,23 (a) Recommendations for improving the birth defect prevention and surveillance system under section 253.12 of the statutes.

AB75-ASA1,1812,25 (b) Standards for measuring the birth defect prevention and surveillance system performance.

AB75-ASA1,1813,2 (c) Individual privacy considerations involved in any recommendations under paragraph (a).

AB75-ASA1,1813,4 (d) A review of potential federal and private funding sources for the birth defect prevention and surveillance system.

AB75-ASA1,1813,5 (10q) Medical Assistance quality and cost reduction report.

AB75-ASA1,1813,8 (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:

AB75-ASA1,1813,12 1. Requiring all managed care organizations that serve medical assistance recipients to provide or contract with a prenatal care coordination program and requiring that all pregnant medical assistance recipients be enrolled in that prenatal care coordination program.

AB75-ASA1,1813,16 2. Requiring all managed care organizations that serve medical assistance recipients to assign to each enrollee who receives medical assistance benefits a primary care provider who would receive a monthly payment for each patient for care coordination services.

AB75-ASA1,1813,22 3. Requiring all managed care organizations that serve medical assistance recipients to have a chronic disease management and case coordination program in place for every patient who receives medical assistance benefits and who is diagnosed with diabetes, asthma, congestive heart failure, coronary artery disease, or a primary or secondary behavioral health diagnosis, including substance abuse and depression.

AB75-ASA1,1813,25 4. Expanding the use of special needs programs to provide case management services for children who receive medical assistance benefits with medically complex conditions.

AB75-ASA1,1814,2 5. Creating a surveillance system for adverse events that result in poor patient outcomes and include reporting of health care associated infections.

AB75-ASA1,1814,4 6. Requiring all medical assistance providers to participate in care coordination incentive programs.

AB75-ASA1,1814,11 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.

AB75-ASA1,1814,14 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.

AB75-ASA1,1814,18 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.

AB75-ASA1,1814,25 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.

AB75-ASA1,1815,2 (b) The report under paragraph (a) shall include a discussion of all of the following for each proposal under paragraph (a) 1. to 10.:

AB75-ASA1,1815,4 1. The potential effect on improving the quality of care for medical assistance recipients.

AB75-ASA1,1815,5 2. The estimated savings that may result by implementation.

AB75-ASA1,1815,6 3. The feasibility of implementation.

AB75-ASA1, s. 9123 Section 9123. Nonstatutory provisions; Higher Educational Aids Board.

AB75-ASA1, s. 9124 Section 9124. Nonstatutory provisions; Historical Society.