AB75-SSA1,638,1917
(c) A county shall perform all administrative tasks related to payroll and
18benefits for the county employees performing services under this section in the
19county for the unit.
AB75-SSA1,638,24
20(4) Treatment of former county employees appointed to state employee
21positions in the unit. All of the following shall apply to an employee who is appointed
22to a state employee position in the unit after the effective date of this subsection ....
23[LRB inserts date], and who, immediately prior to his or her appointment, was a
24county employee:
AB75-SSA1,639,3
1(a) The employee shall serve any applicable probationary period under s.
2230.28, but shall have his or her seniority with the state computed by treating the
3employee's total service with the county as state service.
AB75-SSA1,639,54
(b) Annual leave for the employee shall accrue at the rate provided in s. 230.35
5using the employee's state service computed under par. (a).
AB75-SSA1,639,146
(c) 1. The employee may remain a participating employee in the retirement
7system established under chapter 201, laws of 1937. To remain under the retirement
8system established under chapter 201, laws of 1937, the employee must exercise this
9option in writing, on a form provided by the department, at the time the employee
10is appointed to a state employee position. The employee shall exercise this option,
11in writing, no later than 10 days after the employee is appointed to a state employee
12position. An employee's decision to remain a participating employee in the
13retirement system established under chapter 201, laws of 1937, is irrevocable during
14the period that the employee is holding a state employee position in the unit.
AB75-SSA1,639,1715
2. The secretary shall pay, on behalf of the employee, all required employer
16contributions under the retirement system established under chapter 201, laws of
171937.
AB75-SSA1,640,218
(d) The employee shall have his or her sick leave accrued with the state
19computed by treating the employee's unused balance of sick leave accrued with the
20county as sick leave accrued in state service, but not to exceed the amount of sick
21leave the employee would have accrued in state service for the same period, if the
22employee is able to provide adequate documentation in accounting for sick leave used
23during the accrual period with the county. Sick leave that transfers under this
24paragraph is not subject to a right of conversion, under s. 40.05 (4) or otherwise, upon
1death or termination of creditable service for payment of health insurance benefits
2on behalf of the employee or the employee's dependents.
AB75-SSA1,640,14
449.83 Limitation on giving information. Except as provided under
s. ss. 549.25 and 49.32 (9), (10), and (10m), no person may use or disclose information
6concerning applicants and recipients of relief funded by a relief block grant, aid to
7families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social
8services, child and spousal support and establishment of paternity and medical
9support liability services under s. 49.22, or supplemental payments under s. 49.77
10for any purpose not connected with the administration of the programs, except that
11the department of children and families may disclose such information to the
12department of revenue for the sole purpose of administering state taxes. Any person
13violating this section may be fined not less than $25 nor more than $500 or
14imprisoned in the county jail not less than 10 days nor more than one year or both.
AB75-SSA1,640,18
1849.895 Insurance claim intercept. (1) In this section:
AB75-SSA1,640,2119
(a) "Medical assistance liability" means an amount that the department of
20health services may recover under s. 49.497, 49.847, or 49.89, excluding an amount
21under s. 49.497 (1r).
AB75-SSA1,640,2322
(b) "Support liability" means an amount that is entered in the statewide
23support lien docket under s. 49.854.
AB75-SSA1,641,3
1(2) Subject to sub. (5), before paying an insurance claim of $500 or more to any
2individual, an insurer that is authorized to do business in this state shall do all of
3the following:
AB75-SSA1,641,64
(a) Verify with the department of health services, in the manner required by
5that department, whether the individual to whom the claim is to be paid has a
6medical assistance liability.
AB75-SSA1,641,87
(b) Check the statewide support lien docket to determine whether the
8individual to whom the claim is to be paid has a support liability.
AB75-SSA1,641,11
9(3) If an individual to whom a claim of $500 or more is to be paid has a support
10liability or a medical assistance liability, or both, the insurer shall distribute the
11claim proceeds as follows:
AB75-SSA1,641,1412
(a) First, if there is a support liability, to the department of children and
13families to pay the support liability, up to the amount of the support liability or the
14amount of the claim, whichever is less.
AB75-SSA1,641,1715
(b) Next, if there is a medical assistance liability, to the department of health
16services to pay the medical assistance liability, up to the amount of the medical
17assistance liability or the amount of the claim proceeds remaining, whichever is less.
AB75-SSA1,641,1818
(c) Last, to the individual, the remainder of the claim proceeds, if any.
AB75-SSA1,641,23
19(4) The department of health services shall promulgate rules for the
20administration of this section, including procedures for insurers to follow and any
21notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this
22subsection may be promulgated as emergency rules under s. 227.24 without a finding
23of emergency.
AB75-SSA1,641,25
24(5) (a) Except as provided in par. (b), this section applies only to the following
25types of insurance payments:
AB75-SSA1,641,26
11. Motor vehicle insurance payments.
AB75-SSA1,642,22
2. Casualty insurance payments.
AB75-SSA1,642,33
3. Liability insurance payments.
AB75-SSA1,642,44
4. Malpractice insurance payments.
AB75-SSA1,642,55
5. Worker's compensation insurance payments.
AB75-SSA1,642,66
(b) This section does not apply to the following types of insurance payments:
AB75-SSA1,642,77
1. Life insurance payments.
AB75-SSA1,642,98
2. Property insurance payments, including homeowner's and renter's
9insurance payments.
AB75-SSA1,642,1010
3. Long-term care insurance payments.
AB75-SSA1,642,1111
4. Health insurance payments.
AB75-SSA1,642,18
1349.96 Assistance grants exempt from levy. All grants of aid to families with
14dependent children, payments made under ss.
48.57 (3m) or (3n), 49.148 (1) (b) 1. or
15(c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid
16by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are
17exempt from every tax, and from execution, garnishment, attachment
, and every
18other process and shall be inalienable.
AB75-SSA1,642,2120
50.01
(1) (intro.) "Adult family home" means one of the following
and does not
21include a place that is specified in sub. (1g) (a) to (d), (f), or (g):
AB75-SSA1,643,723
50.01
(1) (a) 1. Care and maintenance above the level of room and board but
24not including nursing care are provided in the private residence by the care provider
25whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the
1adults are siblings, each of whom has a developmental disability, as defined in s.
251.01 (5), or, if the residence is licensed as a foster home, care and maintenance are
3provided to children, the combined total of adults and children so served being no
4more than 4, or more adults or children if all of the adults or all of the children are
5siblings
, or, if the residence is licensed as a treatment foster home, care and
6maintenance are provided to children, the combined total of adults and children so
7served being no more than 4.
AB75-SSA1,643,119
50.01
(1) (a) 2. The private residence was licensed under s. 48.62 as a
foster
10home or treatment foster home for the care of the adults specified in subd. 1. at least
1112 months before any of the adults attained 18 years of age.
AB75-SSA1,643,1713
50.01
(1) (b) A place where 3 or 4 adults who are not related to the operator
14reside and receive care, treatment or services that are above the level of room and
15board and that may include up to 7 hours per week of nursing care per resident.
16"Adult family home" does not include a place that is specified in sub. (1g) (a) to (d),
17(f) or (g).
AB75-SSA1,643,2019
50.01
(1) (c) A place in which the operator provides care, treatment, support,
20or service above the level of room and board to up to 2 adults.
AB75-SSA1,644,1022
50.02
(1) Departmental authority. The department may provide uniform,
23statewide licensing, inspection
, and regulation of community-based residential
24facilities and nursing homes as provided in this subchapter. The department shall
25certify, inspect
, and otherwise regulate adult family homes, as specified under
s. ss.
150.031 and 50.032 and shall license adult family homes, as specified under s. 50.033.
2Nothing in this subchapter may be construed to limit the authority of the department
3of commerce or of municipalities to set standards of building safety and hygiene, but
4any local orders of municipalities shall be consistent with uniform, statewide
5regulation of community-based residential facilities. The department may not
6prohibit any nursing home from distributing over-the-counter drugs from bulk
7supply. The department may consult with nursing homes as needed and may provide
8specialized consultations when requested by any nursing home, separate from its
9inspection process, to scrutinize any particular questions the nursing home raises.
10The department shall, by rule, define "specialized consultation".
AB75-SSA1,644,1812
50.03
(5g) (cm) If the department imposes a sanction on or takes other
13enforcement action against a community-based residential facility for a violation of
14this subchapter or rules promulgated under it, and the department subsequently
15conducts an on-site inspection of the community-based residential facility to review
16the community-based residential facility's action to correct the violation, the
17department may impose a $200 inspection fee on the community-based residential
18facility.
AB75-SSA1,644,22
2050.031 Certification of 1-bed and 2-bed adult family homes. (1) 21Definition. In this section, "adult family home" has the meaning given in s. 50.01
22(1) (c).
AB75-SSA1,645,6
23(2) Certification. (a) After the date on which the family care benefit under
24s. 46.286 is first made available in a county, no person may operate an adult family
25home in that county that provides residential care to a recipient of supplemental
1security income under
42 USC 1381 to
1383c, a recipient of the family care benefit
2under s. 46.286, or a recipient of services under s. 46.27 (11), 46.275, 46.277, 46.278,
3or 46.2785, or under any other program operated under a waiver authorized by the
4secretary at the U.S. department of health and human services under
42 USC 1396n 5(b) or (c), unless the adult family home is certified by the department under par. (b)
6or (c).
AB75-SSA1,645,87
(b) The department shall certify an adult family home upon determining that
8the adult family home satisfies standards established under sub. (3).
AB75-SSA1,645,129
(c) The department shall certify an adult family home that was certified to
10receive payment for residential care under s. 46.27 (11), 46.275, 46.277, 46.278, or
1146.2785 by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 if the
12operator of the adult family home attests to all of the following:
AB75-SSA1,645,1413
1. That the adult family home was certified by the county department and is
14at the same location as when certified by the county department.
AB75-SSA1,645,1515
2. That the adult family home satisfies standards established under sub. (3).
AB75-SSA1,645,1716
(d) Certification under par. (b) or (c) shall be valid until revoked by the
17department.
AB75-SSA1,645,19
18(3) Standards. The department shall establish standards for certification
19under this section.
AB75-SSA1,645,22
20(4) Investigation. The department may investigate complaints that an adult
21family home certified under this section violated a standard for certification under
22sub. (3).
AB75-SSA1,645,25
23(5) Revocation. The department may revoke the certification of an adult
24family home that is certified under this section if the adult family home violates a
25standard established under sub. (3).
AB75-SSA1,646,2
1(6) Fee. The department may charge a fee for certification under sub. (2) (a)
2and a fee for a certification under sub. (2) (b).
AB75-SSA1,646,94
50.032
(2) Regulation. Standards Except as provided in sub. (2d), standards 5for operation of certified adult family homes and procedures for application for
6certification, monitoring, inspection, decertification and appeal of decertification
7under this section shall be under rules promulgated by the department under s.
850.02 (2) (am) 1. An adult family home certification is valid until decertified under
9this section. Certification is not transferable.
AB75-SSA1,646,1411
50.032
(2d) Accompaniment or visitation. If an adult family home has a policy
12on who may accompany or visit a patient, the adult family home shall extend the
13same right of accompaniment or visitation to a patient's domestic partner under
14ch.770 as is accorded the spouse of a patient under the policy.
AB75-SSA1,647,216
50.033
(2) Regulation. Standards Except as provided in sub. (2d), standards 17for operation of licensed adult family homes and procedures for application for
18licensure, monitoring, inspection, revocation and appeal of revocation under this
19section shall be under rules promulgated by the department under s. 50.02 (2) (am)
202. An adult family home licensure is valid until revoked under this section.
21Licensure is not transferable. The biennial licensure fee for a licensed adult family
22home is
$135 $171, except that the department may, by rule, increase the amount of
23the fee. The fee is payable to the county department under s. 46.215, 46.22, 46.23,
2451.42 or 51.437, if the county department licenses the adult family home under sub.
1(1m) (b), and is payable to the department, on a schedule determined by the
2department if the department licenses the adult family home under sub. (1m) (b).
AB75-SSA1,647,74
50.033
(2d) Accompaniment or visitation. If an adult family home has a policy
5on who may accompany or visit a patient, the adult family home shall extend the
6same right of accompaniment or visitation to a patient's domestic partner under ch.
7770 as is accorded the spouse of a patient under the policy.
AB75-SSA1,647,259
50.033
(3) Investigation of alleged violations. If the department or a
10licensing county department under sub. (1m) (b) is advised or has reason to believe
11that any person is violating this section or the rules promulgated under s. 50.02 (2)
12(am) 2., the department or the licensing county department shall make an
13investigation to determine the facts. For the purposes of this investigation, the
14department or the licensing county department may inspect the premises where the
15violation is alleged to occur. If the department or the licensing county department
16finds that the requirements of this section and of rules under s. 50.02 (2) (am) 2. are
17met, the department or the licensing county department may, if the premises are not
18licensed, license the premises under this section. If the department or the licensing
19county department finds that a person is violating this section or the rules under s.
2050.02 (2) (am) 2., the department or the licensing county department may institute
21an action under sub. (5).
If the department takes enforcement action against an
22adult family home for violating this section or rules promulgated under s. 50.02 (2)
23(am) 2., and the department subsequently conducts an on-site inspection of the adult
24family home to review the adult family home's action to correct the violation, the
25department may impose a $200 inspection fee on the adult family home.
AB75-SSA1,648,52
50.034
(3) (e) If a residential care apartment complex has a policy on who may
3accompany or visit a patient, the residential care apartment complex shall extend
4the same right of accompaniment or visitation to a patient's domestic partner under
5ch. 770 as is accorded the spouse of a patient under the policy.
AB75-SSA1,648,117
50.034
(5t) Notice of Long-Term Care Ombudsman Program. A residential
8care complex shall post in a conspicuous location in the residential care apartment
9complex a notice, provided by the board on aging and long-term care, of the name,
10address, and telephone number of the Long-Term Care Ombudsman Program under
11s. 16.009 (2) (b).
AB75-SSA1,648,1813
50.034
(10) I
nspection fee. If the department takes enforcement action
14against a residential care apartment complex for a violation of this section or rules
15promulgated under sub. (2), and the department subsequently conducts an on-site
16inspection of the residential care apartment complex to review the residential care
17apartment complex's action to correct the violation, the department may impose a
18$200 inspection fee on the residential care apartment complex.
AB75-SSA1,648,2420
50.035
(2d) Accompaniment or visitation. If a community-based residential
21facility has a policy on who may accompany or visit a patient, the community-based
22residential facility shall extend the same right of accompaniment or visitation to a
23patient's domestic partner under ch. 770 as is accorded the spouse of a patient under
24the policy.
AB75-SSA1, s. 1400
1Section
1400. 50.037 (2) (a) of the statutes is renumbered 50.037 (2) (a) 1. and
2amended to read:
AB75-SSA1,649,63
50.037
(2) (a) 1.
The Except as provided in subd. 2., the biennial fee for a
4community-based residential facility is
$306 $389, plus a biennial fee of
$39.60 5$50.25 per resident, based on the number of residents that the facility is licensed to
6serve.
AB75-SSA1,649,98
50.037
(2) (a) 2. The department may, by rule, increase the amount of the fee
9under subd. 1.
AB75-SSA1,649,1411
50.04
(2d) Accompaniment or visitation. If a nursing home has a policy on who
12may accompany or visit a patient, the nursing home shall extend the same right of
13accompaniment or visitation to a patient's domestic partner under ch. 770 as is
14accorded the spouse of a patient under the policy.
AB75-SSA1,649,2316
50.04
(4) (dm)
Inspection fee. If the department takes enforcement action
17against a nursing home, including an intermediate care facility for the mentally
18retarded, as defined in
42 USC 1396d (d), for a violation of this subchapter or rules
19promulgated under it or for a violation of a requirement under
42 USC 1396r, and
20the department subsequently conducts an on-site inspection of the nursing home to
21review the nursing home's action to correct the violation, the department may, unless
22the nursing home is operated by the state, impose a $200 inspection fee on the
23nursing home.
AB75-SSA1, s. 1411
24Section
1411. 50.06 (2) (am) 2. b. of the statutes is amended to read: