(1) WITHHOLDING TAX FOR PASS-THROUGH ENTITIES. The repeal of section 71.775 (4) (b) and (f) of the statutes, the renumbering of section 71.775 (4) (c) and (e) of the statutes, the renumbering and amendment of section 71.775 (4) (d) of the statutes, the amendment of section 71.775 (4) (a) (intro.) of the statutes, and the creation of section 71.775 (4) (bm) 1., (bn), (cm), (dm), (em), (fm), (g), (h), and (L) of the statutes first apply to taxable years beginning on January 1, 2009.
(End)
LRB-0372LRB-0372/P1
JK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0103 - Consolidated tax statements
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Income taxation
Under current law, if a corporation that must file a state income or franchise tax return is affiliated with any other corporation, DOR may require that the corporation submit a consolidated statement to DOR so that DOR may determine the taxable income received by any affiliated corporation. Under this bill, DOR may also require a corporation to submit a consolidated statement in order for DOR to determine whether the corporation and any affiliated corporation are a unitary business.
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. 71.30 (8) (b) of the statutes is amended to read:
71.30 (8) (b) For the purpose of this chapter, if a corporation which is required to file an income or franchise tax return is affiliated with or related to any other corporation through stock ownership by the same interests or as parent or subsidiary corporations or has income that is regulated through contract or other arrangement, the department of revenue may require such consolidated statements as in its opinion are necessary in order to determine the taxable income received by any one of the affiliated or related corporations or to determine whether the corporations are a unitary business.
SECTION 2. 71.74 (6) of the statutes is amended to read:
71.74 (6) CONSOLIDATED STATEMENTS. For the purpose of this chapter, whenever a corporation which is required to file an income or franchise tax return is affiliated with or related to any other corporation through stock ownership by the same interests or as parent or subsidiary corporations, or whose income is regulated through contract or other arrangement, the department may require such consolidated statements as in its opinion are necessary in order to determine the taxable income received by any one of the affiliated or related corporations or to determine whether the corporations are a unitary business.
(End)
LRB-0373LRB-0373/1
TJD:jld:ph
2009 - 2010 LEGISLATURE
DOA:......Willing, BB0088 - Family planning waiver for men
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, the Medical Assistance (MA) program provides family planning as a benefit to its recipients. DHS is required to request and has received a waiver of federal Medicaid laws to conduct a demonstration project to provide family planning services under MA to women between the ages of 15 and 44 with family incomes of not more than 200 percent of the federal poverty level.
This bill allows DHS to request an amended waiver from the federal Department of Health and Human Services to expand the current family planning demonstration project to include men, as well as women, between the ages of 15 and 44 whose family incomes are not more than 200 percent of the federal poverty level.
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 (24r) of the statutes is renumbered 49.45 (24r) (a) and amended to read:
49.45 (24r) (a) The department shall request a implement any waiver from granted by the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide family planning, as defined in s. 253.07 (1) (a), under medical assistance to any woman between the ages of 15 and 44 whose family income does not exceed 200% of the poverty line for a family the size of the woman's family. The department shall implement any waiver granted.
SECTION 2. 49.45 (24r) (b) of the statutes is created to read:
49.45 (24r) (b) The department may request an amended waiver from the secretary to permit the department to conduct a demonstration project to provide family planning to any man between the ages of 15 and 44 whose family income does not exceed 200 percent of the poverty line for a family the size of the man's family. If the amended waiver is granted, the department may implement the waiver.
(End)
LRB-0375LRB-0375/P1
TJD:cjs:jf
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0080 - Medicaid targeted case management
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, certain Medical Assistance beneficiaries may receive case management services. These services, when provided by independent living centers, are funded in part by the federal Medical Assistance program with the remainder funded by a county, city, village, or town or by a grant from DHS. Independent living centers may receive a grant from DHS to provide nonresidential services to severely disabled people. To receive a grant from DHS, the independent living center must satisfy certain conditions including complying with federal regulations to obtain federal funding.
This bill clarifies that only independent living centers satisfying the criteria to receive a grant from DHS may be reimbursed for case management services through the Medical Assistance program.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.96 (1) (ap) of the statutes is amended to read:
46.96 (1) (ap) "Independent living services" has the meaning given under 29 USC 706 (30) 29 USC 705 (18).
SECTION 2. 46.96 (1) (at) of the statutes is amended to read:
46.96 (1) (at) "Individual with a disability" has the meaning given under 29 USC 706 (8) (B) 29 USC 705 (20).
SECTION 3. 49.45 (25) (bg) of the statutes is amended to read:
49.45 (25) (bg) An independent living center, as defined in s. 46.96 (1) (ah), that is a certified case management provider and satisfies the criteria in s. 46.96 (3m) (a) 1. to 3. and (am) may elect to provide case management services to one or more of the categories of medical assistance beneficiaries specified under par. (am). The amount of allowable charges for the services under the medical assistance program that is not provided by the federal government shall be paid from nonfederal, public funds received by the independent living center from a county, city, village or town or from funds distributed as a grant under s. 46.96.
(End)
LRB-0376LRB-0376/P4
TJD:wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Willing, BB0090 - Family care eligibility, disability ombudsman, intensive treatment program charge-backs, rule-making changes
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
Long-term care
Under current law, in certain counties, a person who meets certain functional and financial criteria and who is either a frail elder or a person who is at least 18 years old with a physical disability or a developmental disability is eligible for and may obtain the family care benefit. The family care benefit is financial assistance for long-term care.
Also, currently, an individual may be eligible for the family care benefit if he or she does not meet the functional eligibility requirements for the family care benefit but he or she 1) has a condition that is expected to last at least 90 days or result in death within 12 months, 2) applies within 36 months after the date on which the family care benefit is available in the individual's county of residence, and 3) on the date the family care benefit became available in the individual's county of residence, was a resident of a nursing home or had been receiving long-term care services under certain programs for at least 60 days. This bill eliminates this provision, thus requiring that all individuals meet the functional eligibility requirements to be eligible for family care.
Under current law, a care management organization administers the family care benefit under a contract with DHS. DHS must ensure that care management organizations have the capacity to provide the family care benefit within 24 months to all persons in the county who are entitled to it. This bill lengthens the period for ensuring the entitled benefit to 36 months.
Under current law, the Board on Aging and Long-Term Care must contract to provide advocacy services to actual or potential recipients of the family care benefit in a ratio of one advocate to every 2,500 individuals under age 60 who receive the family care benefit. DHS must allot $525,000 for the contract to provide advocacy services in each fiscal year. This bill decreases the ratio to one advocate to every 3,500 individuals under age 60 who receive the family care benefit. The bill eliminates the requirement for DHS to allot money for the contract.
Under current law, the county pays for services for a developmentally disabled individual if those services are not paid for by the federal government. The county also pays for certain mental health services that are not paid for by the federal government. If the individual receiving services is eligible for medical assistance, DHS will pay for the services not paid for by the federal government. This bill requires that, for individuals receiving the family care benefit, the care management organization pay for services provided to developmentally disabled individuals, including mental health services covered by family care.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.281 (1n) (e) of the statutes is amended to read:
46.281 (1n) (e) Contract with a person to provide the advocacy services described under s. 16.009 (2) (p) 1. to 5. to actual or potential recipients of the family care benefit who are under age 60 or to their families or guardians. The department may not contract under this paragraph with a county or with a person who has a contract with the department to provide services under s. 46.283 (3) and (4) as a resource center or to administer the family care benefit as a care management organization. The contract under this paragraph shall include as a goal that the provider of advocacy services provide one advocate for every 2,500 3,500 individuals under age 60 who receive the family care benefit. The department shall allocate $190,000 for the contract under this paragraph in fiscal year 2007-08 and $525,000 in each subsequent fiscal year.
SECTION 2. 46.286 (1) (a) (intro.) and 1. (intro.) of the statutes are consolidated, renumbered 46.286 (1) (a) (intro.) and amended to read:
46.286 (1) (a) Functional eligibility. (intro.) A person is functionally eligible if any of the following applies the person's level of care need, as determined by the department or its designee: 1. (intro.) The person's level of care need, is either of the following:
SECTION 3. 46.286 (1) (a) 1. a. of the statutes is renumbered 46.286 (1) (a) 1m.
SECTION 4. 46.286 (1) (a) 1. b. of the statutes is renumbered 46.286 (1) (a) 2m.
SECTION 5. 46.286 (1) (a) 2. (intro.) of the statutes is repealed.
SECTION 6. 46.286 (1) (a) 2. a. of the statutes is renumbered 46.286 (3) (b) 2. a.
SECTION 7. 46.286 (1) (a) 2. b. of the statutes is renumbered 46.286 (3) (b) 2. b.
SECTION 8. 46.286 (1) (a) 2. c. of the statutes is renumbered 46.286 (3) (b) 2. c.
SECTION 9. 46.286 (1) (a) 2. d. of the statutes is renumbered 46.286 (3) (b) 2. d.
SECTION 10. 46.286 (1) (a) 2. e. of the statutes is renumbered 46.286 (3) (b) 2. e.
SECTION 11. 46.286 (3) (b) 2. of the statutes is renumbered 46.286 (3) (b) 2. (intro.) and amended to read:
46.286 (3) (b) 2. (intro.) If the contract between the care management organization and the department is canceled or not renewed. If this circumstance occurs, the department shall assure that enrollees continue to receive needed services through another care management organization or through the medical assistance fee-for-service system or any of the following programs specified under sub. (1) (a) 2. a. to d.:
SECTION 12. 46.286 (3) (c) of the statutes is amended to read:
46.286 (3) (c) Within each county and for each client group, par. (a) shall first apply on the effective date of a contract under which a care management organization accepts a per person per month payment to provide services under the family care benefit to eligible persons in that client group in the county. Within 24 36 months after this date, the department shall assure that sufficient capacity exists within one or more care management organizations to provide the family care benefit to all entitled persons in that client group in the county.
SECTION 13. 46.288 (2) (intro.) of the statutes is amended to read:
46.288 (2) (intro.) Criteria and procedures for determining functional eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under s. 46.286 (2) (a). The rules for determining functional eligibility under s. 46.286 (1) (a) 1. a. 1m. shall be substantially similar to eligibility criteria for receipt of the long-term support community options program under s. 46.27. Rules under this subsection shall include definitions of the following terms applicable to s. 46.286:
SECTION 14. 46.288 (2) (a) of the statutes is repealed.
SECTION 15. 46.288 (2) (b) of the statutes is repealed.
SECTION 16. 46.288 (2) (c) of the statutes is repealed.
SECTION 17. 49.45 (30m) (am) of the statutes is renumbered 49.45 (30m) (am) 1.
