(d) Employee status. Employees transferred under paragraph (c) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the commission that they enjoyed in the department 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.
(e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department that is primarily related to the division, as determined by the secretary, is transferred to the commission.
(f) Contracts. All contracts entered into by the department in effect on the effective date of this paragraph that are primarily related to the division, as determined by the secretary, remain in effect and are transferred to the commission. The commission shall carry out any obligations under those contracts unless modified or rescinded by the commission to the extent allowed under the contract.
(g) Rules and orders. All rules promulgated by the department in effect on the effective date of this paragraph that are primarily related to the division remain in effect until their specified expiration dates or until amended or repealed by the commission. All orders issued by the department in effect on the effective date of this paragraph that are primarily related to the division remain in effect until their specified expiration dates or until modified or rescinded by the commission.
(h) Pending matters. Any matter pending with the department on the effective date of this paragraph that is primarily related to the division, as determined by the secretary, is transferred to the commission. All materials submitted to or actions taken by the department with respect to the pending matters are considered as having been submitted to or taken by the commission.
(2) LOW-INCOME ASSISTANCE FEE.
(a) Definitions. In this subsection:
1. "Federal economic stimulus funds" means federal moneys received by the state, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.
2. "Low-income assistance fee" means the fee that an electric utility, as defined in section 16.957 (1) (g) of the statutes is required to charge customers under section 16.957 (4) (a) of the statutes.
3. "Stimulus portion" means the portion of moneys received under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in a fiscal year that is attributable to, as determined by the secretary of administration, the federal economic stimulus funds received in that fiscal year.
(b) Fee calculation. Notwithstanding section 16.957 (4) (c) 1. of the statutes, in determining the amount of the low-income assistance fee for fiscal years 2009-10 and 2010-11, the stimulus portion received in the fiscal year shall be deducted from the sum of the amounts specified in section 16.957 (4) (c) 1. a. to c. of the statutes for that fiscal year.
(c) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration shall, no later than December 31, 2009, promulgate rules establishing the amount of the low-income assistance fee for fiscal years 2009-10 and 2010-11. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these emergency rules may remain in effect until the effective date of any permanent rules promulgated by the department to implement the requirements of paragraph (b). Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.
SECTION 9401. Effective dates; Administration.
(1) PUBLIC SERVICE COMMISSION TRANSFERS. The treatment of sections 16.26, 16.27 (title), (1), (2), (3) (am) (intro.), 2., 3., 4., and 5. (intro.), c., f., and g., and (bm), (4), (6), (7), (8), and (9), 16.54 (2) (b), 16.957 (title), (1) (intro.), (bm), (c) to (n), (o), (p), (q), (qm), and (s) to (x), (2) (intro.), (a) (by SECTION 28), (c), and (d), (3), (4) (a), (am), (b), and (c) (intro.) and 1., and (5), 20.155 (3) (title), (m), and (q) (title), 20.505 (1) (n) and (3) (title), (q), and (r), 25.96, 46.215 (1) (n), 46.22 (1) (b) 4m. c., d., and e., 76.28 (1) (d), (eg), and (gr), 76.48 (1g) (d), (dm), and (fm), 77.54 (44), 134.80, 196.025 (1) (ag) 2., 196.374 (1) (f), (h), (L), (n), and (o) and (3) (a), 196.378 (1) (p), 285.48 (4) (b), and 977.01 (2) of the statutes, the renumbering of sections 16.27 (5) and 16.957 (4) (c) 3. (intro.) and a. of the statutes, and the renumbering and amendment of section 16.957 (2) (d) 2m. and (4) (c) 3. b. of the statutes and SECTION 9101 (1) of this act take effect on January 1, 2010.
****NOTE: This is reconciled SECTION 9401 (1). This SECTION has been affected by drafts with the following LRB numbers: LRB-0967/1 and LRB-1261/P6.
(2) LOW-INCOME ENERGY ASSISTANCE. The repeal and recreation of section 196.3746 (2) (a) of the statutes and the repeal of section 196.3746 (2) (d) 2m. of the statutes take effect on June 30, 2012.
(End)
LRB-1265LRB-1265/4
RAC&RLR:jld&kjf:md
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0312 - Transfer BadgerRx Gold Program to DHS
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
Health
Under current law, the Group Insurance Board, attached to DETF, must develop and administer a pharmacy benefits purchasing program that is available for all public and private sector employers in this state, as well as all residents of this state. The program for private sector employers and other residents of this state, developed under contract with Navitus Health Solutions, is called "BadgerRx Gold." This bill transfers the BadgerRx Gold program to DHS.
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. 20.435 (4) (a) of the statutes is amended to read:
20.435 (4) (a) General program operations. The amounts in the schedule for general program operations, including health care financing regulation, administration, and field services and medical assistance eligibility determinations under s. 49.45 (2) (a) 3, and administration of the pharmacy benefits purchasing pool under s. 146.45.
SECTION 2. 20.435 (4) (bm) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
20.435 (4) (bm) Medical Assistance, food stamps, and Badger Care administration; contract costs, insurer reports, and resource centers. Biennially, the amounts in the schedule to provide a portion of the state share of administrative contract costs for the Medical Assistance program under subch. IV of ch. 49 and the Badger Care health care program under s. 49.665 and to provide the state share of administrative costs for the food stamp program under s. 49.79, other than payments to counties and tribal governing bodies under s. 49.78 (8), to develop and implement a registry of recipient immunizations, to reimburse 3rd parties for their costs under s. 49.475, for costs associated with outreach activities, for state administration of state supplemental grants to supplemental security income recipients under s. 49.77, to provide incentive payments to the department of children and families for identifying children with medical assistance coverage who have access to health insurance coverage, to administer the pharmacy benefits purchasing pool under s. 146.45, and for services of resource centers under s. 46.283. No state positions may be funded in the department of health services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the Medical Assistance program between the subunit of the department primarily responsible for administering the Medical Assistance program and another subunit of the department. Total administrative funding authorized for the program under s. 49.665 may not exceed 10% of the amounts budgeted under pars. (p) and (x).
****NOTE: This is reconciled s. 20.435 (4) (bm). This SECTION has been affected by drafts with the following LRB numbers: 0247/1, 1265/3, and 1482/1.
SECTION 3. 20.435 (4) (jw) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
20.435 (4) (jw) BadgerCare Plus and pharmacy benefits purchasing pool administrative costs. All moneys received from payment of enrollment fees under the program under s. 49.45 (23), all moneys transferred from the appropriation account under par. (jz), and 10 percent of all moneys received from penalty assessments under s. 49.471 (9) (c), for administration of the program under s. 49.45 (23) and, to provide a portion of the state share of administrative costs for the BadgerCare Plus Medical Assistance program under s. 49.471, and to administer a contract with an entity to operate the pharmacy benefits purchasing pool under s. 146.65.
****NOTE: This is reconciled s. 20.435 (4) jw). This SECTION has been affected by drafts with the following LRB numbers: 0368/3, 1232/1, and 1265/3.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 20.435 (4) (jz) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
20.435 (4) (jz) Medical Assistance and Badger Care cost sharing and, employer penalty assessments, and pharmacy benefits purchasing pool operations. All moneys received in cost sharing from medical assistance recipients, including payments under s. 49.665 (5), all moneys received from penalty assessments under s. 49.665 (7) (b) 2., and 90 percent of all moneys received from penalty assessments under s. 49.471 (9) (c), all moneys received from persons who join the pharmacy benefits purchasing pool under s. 146.45, and all moneys received as rebates from drug manufacturers for prescription drugs purchased under the pharmacy benefits purchasing pool under s. 146.45, to be used for the Badger Care health care program under s. 49.665 and, for the Medical Assistance program under subch. IV of ch. 49, to pay an entity to operate the pharmacy benefits purchasing pool under s. 146.45, to transfer the amount determined under s. 146.45 (4) to the appropriation account under par. (jw), and to transfer any amount credited to this appropriation account in excess of $27,785,500 in a fiscal year to the appropriation account under par. (jw).
****NOTE: This is reconciled s. 20.435 (4) (jz). This SECTION has been affected by drafts with the following LRB numbers: 1232/1 and 1265/3.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 40.53 of the statutes is renumbered 146.45, and 146.45 (2) and (3), as renumbered, are amended to read:
146.45 (2) The group insurance board department shall develop a purchasing pool for pharmacy benefits that uses a preferred list of covered prescription drugs. The pool shall consist of the state and any eligible party that satisfies the conditions established under sub. (3) for joining the pool. The group insurance board department shall seek to develop the preferred list of covered prescription drugs under an evidence-based analysis that first identifies the relative effectiveness of prescription drugs within therapeutic classes for particular diseases and conditions and next identifies the least costly prescription drugs, including prescription drugs with generic names that are alternatives to prescription drugs with brand names, among those found to be equally effective.
(3) The group insurance board department shall propose conditions that an eligible party must satisfy to join the purchasing pool established under sub. (2).
SECTION 6. 146.45 (4) of the statutes is created to read:
146.45 (4) In each fiscal year, there is transferred from the appropriation account under s. 20.435 (4) (jz) to the appropriation account under s. 20.435 (4) (jw) an amount, determined by the secretary, that is sufficient for the department to administer a contract with an entity to operate the purchasing pool established under sub. (2), but not more than 5 percent of the total amount paid by persons to purchase prescription drugs as members of the purchasing pool in the fiscal year.
SECTION 9215. Fiscal changes; Employee Trust Funds.
(1) TRANSFER OF CERTAIN MONEYS RELATING TO THE PHARMACY BENEFITS PROGRAM TO THE DEPARTMENT OF HEALTH SERVICES. Before July 1, 2011, the secretary of employee trust funds shall transfer from the employee trust fund to the appropriation account under section 20.435 (4) (jz) of the statutes any remaining moneys related to the pharmacy benefits program under section 40.53, 2007 stats. The secretary shall develop a methodology to determine the amount to be transferred.
SECTION 9422. Effective dates; Health Services.
(1) TRANSFER OF PHARMACY BENEFITS PROGRAM TO THE DEPARTMENT OF HEALTH SERVICES. The treatment of sections 20.435 (4) (a), (bm) (by SECTION 2), (jw) (by SECTION 3), and (jz) (by SECTION 4), 40.53, and 146.45 (4) of the statutes takes effect on January 1, 2011.
(End)
LRB-1270LRB-1270/1
GMM:jld:md
2009 - 2010 LEGISLATURE
DOA:......Stinebrink, BB0274 - Alternative responses for child protective services
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
Children
Under current law, immediately after receiving a report of suspected or threatened child abuse or neglect, a county department of human services or social services (county department) must evaluate the report to determine whether a caregiver of the child is suspected of the abuse or neglect. If a caregiver is suspected of the abuse or neglect, the county department must initiate a diligent investigation to determine whether the child is in need of protection or services. If a person who is not a caregiver is suspected of the abuse or neglect, the county department may initiate such an investigation. If the report is of suspected or threatened child sexual abuse, the county department must refer the report to the sheriff or police department. Within 60 days after receiving a report that it investigates, a county department must determine by a preponderance of the evidence whether abuse or neglect has occurred or is likely to occur. If a county department determines that a specific person has abused or neglected a child, that person may appeal that determination under procedures promulgated by DCF by rule.
This bill requires DCF to establish a pilot program under which a county department may employ alternative responses to a report of suspected or threatened child abuse or neglect. Under the pilot program, immediately after receiving such a report, a county department must, based on an evaluation of the report, respond as follows:
1. If the county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation of the report is otherwise necessary to ensure the safety of the child and his or her family, the county department must investigate the report as provided under current law. The bill defines "substantial abuse or neglect" as abuse or neglect or threatened abuse or neglect that under guidelines developed by DCF under the bill constitutes severe abuse or neglect or a threat of severe abuse or neglect and a significant threat to the safety of a child and his or her family.
2. If the county department determines that there is reason to suspect that abuse or neglect, other than substantial abuse or neglect, has occurred or is likely to occur, but that under the guidelines developed by DCF there is no immediate threat to the safety of the child and his or her family and intervention by the court assigned to exercise jurisdiction under the Children's Code is not necessary, the county department must conduct a comprehensive assessment of the safety of the child and his or her family, the risk of subsequent abuse or neglect, and the strengths and needs of the child's family to determine whether services are needed to address those issues. Based on the assessment, the county department must offer to provide appropriate services to the child's family on a voluntary basis or refer the child's family to a service provider in the community for the provision of those services. If the county department employs the assessment response, the county department is not required as under current law to refer the report to the sheriff or police department or determine by a preponderance of the evidence that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child.
3. If the county department determines that there is no reason to suspect that abuse or neglect has occurred or is likely to occur, the county department must refer the child's family to a service provider in the community for the provision of appropriate services on a voluntary basis. If the county department employs the community services response, the county department is not required to conduct an assessment under the bill and is not required as under current law to refer the report to the sheriff or police department or determine by a preponderance of the evidence that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child.
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. 48.981 (3) (a) 3. of the statutes is amended to read:
48.981 (3) (a) 3. A Except as provided in sub. (3m), a county department, the department, or a licensed child welfare agency under contract with the department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the sheriff or police department all cases of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), reported to it. For cases of suspected or threatened abuse, as defined in s. 48.02 (1) (a), (am), (g), or (gm), or neglect, each county department, the department, and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.
SECTION 2. 48.981 (3) (c) 1. a. of the statutes is amended to read:
48.981 (3) (c) 1. a. Immediately after receiving a report under par. (a), the agency shall evaluate the report to determine whether there is reason to suspect that a caregiver has abused or neglected the child, has threatened the child with abuse or neglect, or has facilitated or failed to take action to prevent the suspected or threatened abuse or neglect of the child. If Except as provided in sub. (3m), if the agency determines that a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of the child, determines that a caregiver is suspected of facilitating or failing to take action to prevent the suspected or threatened abuse or neglect of the child, or cannot determine who abused or neglected the child, within 24 hours after receiving the report the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child is in need of protection or services. If the agency determines that a person who is not a caregiver is suspected of abuse or of threatened abuse, the agency may, in accordance with that authority, initiate a diligent investigation to determine if the child is in need or protection or services. Within 24 hours after receiving a report under par. (a) of suspected unborn child abuse, the agency, in accordance with that authority, shall initiate a diligent investigation to determine if the unborn child is in need of protection or services. An investigation under this subd. 1. a. shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations.
SECTION 3. 48.981 (3m) of the statutes is created to read:
48.981 (3m) ALTERNATIVE RESPONSE PILOT PROGRAM. (a) In this subsection, "substantial abuse or neglect" means abuse or neglect or threatened abuse or neglect that under the guidelines developed by the department under par. (b) constitutes severe abuse or neglect or a threat of severe abuse or neglect and a significant threat to the safety of a child and his or her family.
(b) The department shall establish a pilot program under which a county department that is selected to participate in the pilot program may employ alternative responses to a report of abuse or neglect or of threatened abuse or neglect. The department shall select county departments to participate in the pilot program in accordance with the department's request-for-proposal procedures and according to criteria developed by the department. Those criteria shall include an assessment of a county department's plan for involving the community in providing services for a family that is participating in the pilot program and a determination whether a county department has an agreement with local law enforcement agencies and the representative of the public under s. 48.09 to ensure interagency cooperation in implementing the pilot program. To implement the pilot program, the department shall provide all of the following:
1. Guidelines for determining the appropriate alternative response to a report of abuse or neglect or of threatened abuse or neglect, including guidelines for determining what types of abuse or neglect or threatened abuse or neglect constitute substantial abuse or neglect. The department need not promulgate those guidelines as rules under ch. 227.
2. Training and technical assistance for a county department that is selected to participate in the pilot program.
(c) Immediately after receiving a report under sub. (3) (a), a county department that is participating in the pilot program shall evaluate the report to determine the most appropriate alternative response under subds. 1. to 3. to the report. Based on that evaluation, the county department shall respond to the report as follows:
1. If the county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation under sub. (3) is otherwise necessary to ensure the safety of the child and his or her family, the county department shall investigate the report as provided in sub. (3). If in conducting that investigation the county department determines that it is not necessary for the safety of the child and his or her family to complete the investigation, the county department may terminate the investigation and conduct an assessment under subd. 2. If the county department terminates an investigation, the county department shall document the reasons for terminating the investigation and notify any law enforcement agency that is cooperating in the investigation.
2. a. If the county department determines that there is reason to suspect that abuse or neglect, other than substantial abuse or neglect, has occurred or is likely to occur, but that under the guidelines developed by the department under par. (b) there is no immediate threat to the safety of the child and his or her family and court intervention is not necessary, the county department shall conduct a comprehensive assessment of the safety of the child and his or her family, the risk of subsequent abuse or neglect, and the strengths and needs of the child's family to determine whether services are needed to address those issues assessed and, based on the assessment, shall offer to provide appropriate services to the child's family on a voluntary basis or refer the child's family to a service provider in the community for the provision of those services.
b. If the county department employs the assessment response under subd. 2. a., the county department is not required to refer the report to the sheriff or police department under sub. (3) (a) 3. or determine by a preponderance of the evidence under sub. (3) (c) 4. that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child. If in conducting the assessment the county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation under sub. (3) is otherwise necessary to ensure the safety of the child and his or her family, the county department shall immediately commence an investigation under sub. (3).
3. If the county department determines that there is no reason to suspect that abuse or neglect has occurred or is likely to occur, the county department shall refer the child's family to a service provider in the community for the provision of appropriate services on a voluntary basis. If the county department employs the community services response under this subdivision, the county department is not required to conduct an assessment under subd. 2., refer the report to the sheriff or police department under sub. (3) (a) 3., or determine by a preponderance of the evidence under sub. (3) (c) 4. that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child.
(d) The department shall conduct an evaluation of the pilot program and, by July 1, 2012, shall submit a report of that evaluation to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3). The evaluation shall assess the issues encountered in implementing the pilot program and the overall operations of the pilot program, include specific measurements of the effectiveness of the pilot program, and make recommendations to improve that effectiveness. Those specific measurements shall include all of the following:
1. The turnover rate of the county department caseworkers providing services under the pilot program.
2. The number of families referred for each type of response specified in par. (c) 1. to 3.
3. The number of families that accepted, and the number of families that declined to accept, services offered under par. (c) 2. and 3.
4. The effectiveness of the evaluation under par. (c) (intro.) in determining the appropriate response under par. (c) 1. to 3.
5. The impact of the pilot program on the number of out-of-home placements of children by the county departments participating in the pilot program.
6. The availability of services to address the issues of child and family safety, risk of subsequent abuse or neglect, and family strengths and needs in the communities served under the pilot project.
(End)
LRB-1276LRB-1276/8
JTK:bjk:md
2009 - 2010 LEGISLATURE
DOA:......Thornton, BB0316 - State building construction procedures
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: state building construction procedures.
Analysis by the Legislative Reference Bureau
state government
