(1) The department obtains any authorization from a federal agency that is required under federal law to deliver the benefits by an electronic benefit transfer system.
(2) The department promulgates an administrative rule to deliver the benefits by an electronic benefits transfer system.
(3) The department does not require a county or tribal governing body to use the electronic benefit transfer system if the costs to the county or tribal government of delivering the benefits by the electronic benefit transfer system would be greater than the costs to the county or tribal government of delivering the benefits by means other than an electronic benefit transfer system.
SECTION 5. 49.143 (2) (b) of the statutes is amended to read:
49.143 (2) (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 49.17 253.06; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.
SECTION 6. 49.17 of the statutes is renumbered 253.06, and 253.06 (2) and (5) (e), as renumbered, are amended to read:
253.06 (2) USE OF FUNDS. From the appropriation under s. 20.437 (2) 20.435 (5) (em), the department shall supplement the provision of supplemental foods, nutrition education, and other services, including nutritional counseling, to low-income women, infants, and children who meet the eligibility criteria under the federal special supplemental food program for women, infants, and children authorized under 42 USC 1786. To the extent that funds are available under this section and to the extent that funds are available under 42 USC 1786, the department shall provide the supplemental food, nutrition education, and other services authorized under this section and shall administer that provision in every county. The department may enter into contracts for this purpose.
(5) (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.437 (2) 20.435 (1) (gr).
SECTION 7. 49.171 of the statutes is renumbered 46.75, and 46.75 (2) (a), as renumbered, is amended to read:
46.75 (2) (a) From the appropriation under s. 20.437 (2) 20.435 (5) (dn), the department shall award grants to agencies to operate food distribution programs that qualify for participation in the emergency food assistance program under P.L. 98-8, as amended 7 USC ch. 102.
****NOTE: I replaced the public law citation with a citation to the U.S. Code. Please verify that it is correct.
SECTION 8. 49.1715 of the statutes is renumbered 46.77 and amended to read:
46.77 Food distribution administration. From the appropriation under s. 20.437 (2) 20.435 (5) (dn), the department shall allocate funds to eligible recipient agencies, as defined in the emergency food assistance act, P.L. 98-8, section 201A, as amended 7 USC 7501 (3), for the storage, transportation, and distribution of commodities provided under the hunger prevention act of 1988, P.L. 100-435, as amended 7 USC ch. 102.
SECTION 9. 49.172 (title) of the statutes is renumbered 49.76 (title).
SECTION 10. 49.172 (intro.) of the statutes is renumbered 49.76 (intro.).
SECTION 11. 49.172 (1) of the statutes is renumbered 49.76 (1).
SECTION 12. 49.172 (2) of the statutes is renumbered 49.76 (2).
****NOTE: This is reconciled s. 49.172 (title), (intro.), (1), and (2). These SECTIONS have been affected by drafts with the following LRB numbers: LRB-0394/1 and LRB-1458/2.
SECTION 13. 49.797 (2) (a) of the statutes is amended to read:
49.797 (2) (a) Except Notwithstanding s. 46.028 and except as provided in par. (b) and sub. (8), the department shall administer a statewide program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system. All suppliers, as defined in s. 49.795 (1) (d), may participate in the delivery of food stamp benefits under the electronic benefit transfer system. The department shall explore methods by which nontraditional retailers, such as farmers' markets, may participate in the delivery of food stamp benefits under the electronic benefit transfer system.
SECTION 14. 227.54 of the statutes is amended to read:
227.54 Stay of proceedings. The institution of the proceeding for review shall not stay enforcement of the agency decision. The reviewing court may order a stay upon such terms as it deems proper, except as otherwise provided in ss. 49.17 (7), 96.43 196.43, 253.06, and 448.02 (9).
SECTION 15. 814.75 (22m) of the statutes is amended to read:
814.75 (22m) The supplemental food enforcement surcharge under s. 49.17 253.06 (4) (c).
SECTION 16. 814.76 (15m) of the statutes is amended to read:
814.76 (15m) The supplemental food enforcement surcharge under s. 49.17 253.06 (4) (c).
SECTION 17. 814.80 (11) of the statutes is amended to read:
814.80 (11) The supplemental food enforcement surcharge under s. 49.17 253.06 (4) (c).
SECTION 18. 973.05 (2m) (r) of the statutes is amended to read:
973.05 (2m) (r) To payment of the enforcement surcharge under s. 49.17 253.06 (4) (c) until paid in full.
SECTION 9122. Nonstatutory provisions; Health Services.
(1) TRANSFER OF FOOD AND HUNGER PREVENTION PROGRAMS.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(End)
LRB-0395LRB-0395/2
RLR:nwn&jld:rs
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0082 - Assisted living licensing and certification fees
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, DHS licenses community-based residential facilities (CBRFs) and adult family homes (AFHs), and, for purposes of reimbursement under the Medical Assistance program, certifies adult day care centers (ADCCs). The licensure fees for CBRFs and AFHs, as well as the certification fee for ADCCs, are established by statute. In addition, current law authorizes DHS to increase the certification fee for ADCCs by rule.
This bill increases the licensure fees for CBRFs and AFHs and the certification fee for ADCCs. In addition, the bill grants DHS authority to increase the licensure fees for CBRFs and AFHs by rule.
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. 49.45 (47) (c) of the statutes is amended to read:
49.45 (47) (c) The biennial fee for the certification required under par. (b) of an adult day care center is $100 $127. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.435 (6) (jm).
SECTION 2. 50.033 (2) of the statutes is amended to read:
50.033 (2) REGULATION. Standards Except as provided in sub. (2d), standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $135 $171, except that the department may, by rule, increase the amount of the fee. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department, on a schedule determined by the department if the department licenses the adult family home under sub. (1m) (b).
****NOTE: This is reconciled s. 50.033 (2). This SECTION has been affected by drafts with the following LRB numbers: -0395/1 and -1308/P3.
SECTION 3. 50.037 (2) (a) of the statutes is renumbered 50.037 (2) (a) 1. and amended to read:
50.037 (2) (a) 1. The Except as provided in subd. 2., the biennial fee for a community-based residential facility is $306 $389, plus a biennial fee of $39.60 $50.25 per resident, based on the number of residents that the facility is licensed to serve.
SECTION 4. 50.037 (2) (a) 2. of the statutes is created to read:
50.037 (2) (a) 2. The department may, by rule, increase the amount of the fee under subd. 1.
(End)
LRB-0396LRB-0396/2
RLR:bjk:md
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0081 - Fee for follow-up inspections of health care and long-term care facilities and providers
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
Other health and human services
Under current law, DHS regulates a variety of health care and long-term care facilities and providers. DHS may inspect these facilities and providers and take enforcement action against them. This bill authorizes DHS to assess a $200 fee against certain facilities and providers if DHS takes enforcement action against the facility or provider and subsequently conducts an on-site inspection to review the facility's or provider's action to correct the violation. Under the bill, DHS may assess the $200 inspection fee against a hospital, nursing home, community-based residential facility, residential care apartment complex, adult family home, hospice, home health agency, and adult day care center.
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. 49.45 (47) (e) of the statutes is created to read:
49.45 (47) (e) If the department takes enforcement action against an adult day care center for violating a certification requirement established under s. 49.45 (2) (a) 11., and the department subsequently conducts an on-site inspection of the adult day care center to review the adult day care center's action to correct the violation, the department may impose a $200 inspection fee on the adult day care center.
SECTION 2. 50.03 (5g) (cm) of the statutes is created to read:
50.03 (5g) (cm) If the department imposes a sanction on or takes other enforcement action against a community-based residential facility for a violation of this subchapter or rules promulgated under it, and the department subsequently conducts an on-site inspection of the community-based residential facility to review the community-based residential facility's action to correct the violation, the department may impose a $200 inspection fee on the community-based residential facility.
SECTION 3. 50.033 (3) of the statutes is amended to read:
50.033 (3) INVESTIGATION OF ALLEGED VIOLATIONS. If the department or a licensing county department under sub. (1m) (b) is advised or has reason to believe that any person is violating this section or the rules promulgated under s. 50.02 (2) (am) 2., the department or the licensing county department shall make an investigation to determine the facts. For the purposes of this investigation, the department or the licensing county department may inspect the premises where the violation is alleged to occur. If the department or the licensing county department finds that the requirements of this section and of rules under s. 50.02 (2) (am) 2. are met, the department or the licensing county department may, if the premises are not licensed, license the premises under this section. If the department or the licensing county department finds that a person is violating this section or the rules under s. 50.02 (2) (am) 2., the department or the licensing county department may institute an action under sub. (5). If the department takes enforcement action against an adult family home for violating this section or rules promulgated under s. 50.02 (2) (am) 2., and the department subsequently conducts an on-site inspection of the adult family home to review the adult family home's action to correct the violation, the department may impose a $200 inspection fee on the adult family home.
SECTION 4. 50.034 (10) of the statutes is created to read:
50.034 (10) INSPECTION FEE. If the department takes enforcement action against a residential care apartment complex for a violation of this section or rules promulgated under sub. (2), and the department subsequently conducts an on-site inspection of the residential care apartment complex to review the residential care apartment complex's action to correct the violation, the department may impose a $200 inspection fee on the residential care apartment complex.
SECTION 5. 50.04 (4) (dm) of the statutes is created to read:
50.04 (4) (dm) Inspection fee. If the department takes enforcement action against a nursing home, including an intermediate care facility for the mentally retarded, as defined in 42 USC 1396d (d), for a violation of this subchapter or rules promulgated under it or for a violation of a requirement under 42 USC 1396r, and the department subsequently conducts an on-site inspection of the nursing home to review the nursing home's action to correct the violation, the department may, unless the nursing home is operated by the state, impose a $200 inspection fee on the nursing home.
SECTION 6. 50.36 (4) of the statutes is amended to read:
50.36 (4) The department shall make or cause to be made such inspections and investigation, as are reasonably deemed necessary to obtain compliance with the rules and standards. It shall afford an opportunity for representatives of the hospitals to consult with members of the staff of the department concerning compliance and noncompliance with rules and standards. If the department takes enforcement action against a hospital for a violation of ss. 50.32 to 50.39, or rules promulgated or standards adopted under ss. 50.32 to 50.39, and the department subsequently conducts an on-site inspection of the hospital to review the hospital's action to correct the violation, the department may, unless the hospital is operated by the state, impose a $200 inspection fee on the hospital.
SECTION 7. 50.49 (4) of the statutes is amended to read:
50.49 (4) LICENSING, INSPECTION AND REGULATION. Except as provided in sub. (6m), the department may register, license, inspect and regulate home health agencies as provided in this section. The department shall ensure, in its inspections of home health agencies, that a sampling of records from private pay patients are reviewed. The department shall select the patients who shall receive home visits as a part of the inspection. Results of the inspections shall be made available to the public at each of the regional offices of the department. If the department takes enforcement action against a home health agency for a violation of this section or rules promulgated under this section, and the department subsequently conducts an on-site inspection of the home health agency to review the home health agency's action to correct the violation, the department may impose a $200 inspection fee on the home health agency.
SECTION 8. 50.93 (5) of the statutes is created to read:
50.93 (5) INSPECTION FEE. If the department takes enforcement action against a hospice for a violation of this subchapter or rules promulgated under this subchapter, and the department subsequently conducts an on-site inspection of the hospice to review the hospice's action to correct the violation, the department may impose a $200 inspection fee on the hospice.
SECTION 9322. Initial applicability; Health Services.
(1) INSPECTION FEES. The treatment of sections 49.45 (47) (e), 50.03 (5g) (cm), 50.033 (3), 50.034 (10), 50.04 (4) (dm), 50.36 (4), 50.49 (4), and 50.93 (5) of the statutes first applies to enforcement actions taken on the effective date of this subsection.
(End)
