SECTION 9. 50.02 (1) of the statutes is amended to read:
50.02 (1) DEPARTMENTAL AUTHORITY. The department may provide uniform, statewide licensing, inspection, and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect, and otherwise regulate adult family homes, as specified under s. ss. 50.031 and 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of commerce or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define "specialized consultation".
SECTION 10. 50.031 of the statutes is created to read:
50.031 Certification of 1-bed and 2-bed adult family homes. (1) DEFINITION. In this section, "adult family home" has the meaning given in s. 50.01 (1) (c).
(2) CERTIFICATION. (a) After the date on which the family care benefit under s. 46.286 is first made available in a county, no person may operate an adult family home in that county that provides residential care to a recipient of supplemental security income under 42 USC 1381 to 1383c, a recipient of the family care benefit under s. 46.286, or a recipient of services under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785, or under any other program operated under a waiver authorized by the secretary at the U.S. department of health and human services under 42 USC 1396n (b) or (c), unless the adult family home is certified by the department under par. (b) or (c).
(b) The department shall certify an adult family home upon determining that the adult family home satisfies standards established under sub. (3).
(c) The department shall certify an adult family home that was certified to receive payment for residential care under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785 by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 if the operator of the adult family home attests to all of the following:
1. That the adult family home was certified by the county department and is at the same location as when certified by the county department.
2. That the adult family home satisfies standards established under sub. (3).
(d) Certification under par. (b) or (c) shall be valid until revoked by the department.
(3) STANDARDS. The department shall establish standards for certification under this section.
(4) INVESTIGATION. The department may investigate complaints that an adult family home certified under this section violated a standard for certification under sub. (3).
(5) REVOCATION. The department may revoke the certification of an adult family home that is certified under this section if the adult family home violates a standard established under sub. (3).
(6) FEE. The department may charge a fee for certification under sub. (2) (a) and a fee for a certification under sub. (2) (b).
SECTION 11. 59.69 (15) (intro.) of the statutes is amended to read:
59.69 (15) COMMUNITY AND OTHER LIVING ARRANGEMENTS. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any municipality, shall be subject to the following criteria:
SECTION 12. 60.63 (intro.) of the statutes is amended to read:
60.63 Community and other living arrangements. (intro.) For purposes of s. 60.61, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any town shall be subject to the following criteria:
SECTION 13. 62.23 (7) (i) (intro.) of the statutes is amended to read:
62.23 (7) (i) Community and other living arrangements. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 55(1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any city shall be subject to the following criteria:
SECTION 14. 563.03 (1) of the statutes is amended to read:
563.03 (1) "Adult family home" has the meaning given in s. 50.01 (1) (a) or (b).
(End)
LRB-0660LRB-0660/3
TJD:bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Fox, BB0192 - Personal care service agencies
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, personal care services are a covered benefit for certain beneficiaries of the Medical Assistance Program. This bill allows DHS to charge a fee to certify providers of personal care services and allows DHS to promulgate emergency rules for certification of providers of personal care services.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.45 (42) of the statutes is renumbered 49.45 (42) (d).
SECTION 2. 49.45 (42) (c) of the statutes is created to read:
49.45 (42) (c) The department may charge a fee to certify a provider of personal care services described under par. (d) 3. e. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.435 (6) (jm).
SECTION 3. 49.45 (42) (d) 3. of the statutes is created to read:
49.45 (42) (d) 3. The provider of the personal care services is one of the following:
a. An independent living center meeting the criteria to receive a grant under s. 46.96.
b. A county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.
c. A federally recognized American Indian tribe or band certified to provide services to medical assistance beneficiaries.
d. A home health agency licensed under s. 50.49.
e. Any other entity certified under sub. (2) (a) 11. to provide personal care services under s. 49.46 (2) (b) 6. j.
SECTION 9122. Nonstatutory provisions; Health Services.
(1) 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.
(End)
LRB-0669LRB-0669/1
GMM:jld:md
2009 - 2010 LEGISLATURE
DOA:......Dombrowski, BB0196 - TEACH telecommunications access by business entities
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Other educational and cultural agencies
Under current law, certain educational agencies, such as school districts, private schools, technical college districts, private colleges, and public library systems, may participate in the Educational Telecommunications Access Program, under which DOA provides, or contracts for the provision of, Internet access to the educational agencies. Currently, an educational agency that is provided with a data line for Internet access under the program may not provide access to the data line to any business entity that is operated for profit. This bill permits an educational agency to provide access to a data line provided under the program to a business entity if: 1) the business entity is broadcasting an event sponsored by the educational agency; 2) the business entity has the permission of the educational agency to record and broadcast the event; and 3) the business entity reimburses DOA for its proportionate share of the cost of the data line used to broadcast the event.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 16.997 (2g) (a) of the statutes is renumbered 16.997 (2g) (a) (intro.) and amended to read:
16.997 (2g) (a) (intro.) Provide access to the data line to any business entity, as defined in s. 13.62 (5)., unless the business entity complies with all of the following:
SECTION 2. 16.997 (2g) (a) 1. to 3. of the statutes are created to read:
16.997 (2g) (a) 1. The business entity is broadcasting an event sponsored by the educational agency.
2. The business entity has the permission of the educational agency to record and broadcast the event.
3. The business entity reimburses the department for its proportionate share of the cost of the data line used to broadcast the event.
SECTION 3. 20.505 (1) (is) of the statutes is amended to read:
20.505 (1) (is) Information technology and communications services; nonstate entities. From the sources specified in ss. 16.972 (2) (b) and (c), 16.974 (2) and (3), and 16.997 (2) (d) and (2g) (a) 3., to provide computer, telecommunications, electronic communications, and supercomputer services, but not integrated business information system services under s. 16.971 (2) (cf), to state authorities, units of the federal government, local governmental units, and entities in the private sector, the amounts in the schedule.
(End)
LRB-0670LRB-0670/2
PJK:jld&nwn:jf
2009 - 2010 LEGISLATURE
DOA:......Jablonsky, BB0198 - Eligibility of childless adults for HIRSP HIV/AIDS program
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
Under current law, DHS administers a program under which DHS reimburses eligible individuals who have a human immunodeficiency virus (HIV) infection for the cost of the drug azidothymidine (AZT) or other cost-effective alternatives. In addition, DHS is required to conduct a three-year pilot program under which DHS may pay premiums for coverage under the Health Insurance Risk-Sharing Plan (HIRSP), and copayments under HIRSP for drugs eligible for reimbursement under the AZT-reimbursement program, for up to 100 individuals at any given time who are eligible for the AZT-reimbursement program and who do not have health insurance coverage. HIRSP is, generally, a health insurance program administered by the HIRSP Authority that provides major medical health insurance coverage for persons who are covered under Medicare because they are disabled, persons who have tested positive for HIV, and persons who have been refused coverage, or coverage at an affordable price, in the private health insurance market because of their mental or physical health conditions.
This bill makes the pilot program under which DHS may pay premiums and drug copayments under HIRSP for persons with HIV a permanent program.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.686 (6) (title) of the statutes is amended to read:
49.686 (6) (title) HEALTH INSURANCE RISK-SHARING PLAN PILOT PROGRAM COVERAGE.
SECTION 2. 49.686 (6) (a) (intro.) of the statutes is amended to read:
49.686 (6) (a) (intro.) Subject to par. (b), the department shall conduct a 3-year pilot program, to begin on January 1, 2008, under which the department may pay premiums for coverage under the Health Insurance Risk-Sharing Plan under subch. II of ch. 149, and pay copayments under that plan for prescription drugs for which reimbursement may be provided under sub. (2), for individuals who satisfy all of the following:
SECTION 3. 49.686 (6) (b) of the statutes is amended to read:
49.686 (6) (b) The pilot program shall be open to a minimum of 100 participants at any given time, with more participants if the department determines that it is cost-effective.
SECTION 4. 49.686 (6) (c) of the statutes is amended to read:
49.686 (6) (c) The department may promulgate rules for the administration of the pilot program. Notwithstanding s. 227.24 (3), rules under this paragraph may be promulgated as emergency rules under s. 227.24 without a finding of emergency.
(End)
LRB-0671LRB-0671/2
ARG:nwn&bjk:md
2009 - 2010 LEGISLATURE
DOA:......Dombrowski, BB0197 - Securities fees
