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)
LRB-0397LRB-0397/4
RLR:cjs&wlj:md
2009 - 2010 LEGISLATURE
DOA:......Fox, BB0091 - Eliminate nursing home appeals board
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
Currently, the state imposes a monthly, per-bed assessment on nursing homes in an amount that may not exceed $75. This bill increases the maximum amount of the monthly, per-bed assessment imposed on nursing homes to $150 in state fiscal year 2009-10, and $170 in each year thereafter.
Medical assistance
Under current law, people generally have a right to an administrative appeal of actions by state agencies. Current law also specifically requires that DHS establish a mechanism for reviewing petitions from nursing homes for modification of MA payments and develop criteria for granting modifications. Upon conducting a review, DHS may modify an MA payment to a nursing home, as long as the modified payment does not exceed federal maximum reimbursement levels. The bill repeals the requirement that DHS establish a mechanism for reviewing petitions from nursing homes to modify MA payments.
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. 20.435 (4) (d) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 49.45 (6m) (e) of the statutes is repealed.
SECTION 3. 50.14 (2) (am) of the statutes is amended to read:
