Amendment ASA1-AB40

AB40-ASA1,1105,18 2. The owner receives a grant under this section.

AB40-ASA1,1105,21 3. The owner's annual family income, as determined by the department under sub. (5) (c) 2. to 4., exceeds 300 percent of the federal poverty line, as defined under 42 USC 9902 (2), for a family the size of the owner's family.

AB40-ASA1,1105,22 4. The owner is transferring ownership of the property.

AB40-ASA1,1106,2 (b) For a failing private sewage system to which subd. 1. applies, if the owner will be rehabilitating the system, the owner need rehabilitate the system only to the extent that is necessary to prevent the discharge from reaching property owned by a person other that the owner.

AB40-ASA1, s. 2641d Section 2641d. 145.245 (5) (a) 1. of the statutes is amended to read:

AB40-ASA1,1106,11 145.245 (5) (a) 1. A person is eligible for grant funds under this section if he or she owns a principal residence which is served by a category 1 or 2 failing private sewage system, if the private sewage system was installed before July 1, 1978, if the family income of the person does not exceed the income limitations under par. (c), if the amount of the grant determined under sub. (7) is at least $100, if the principal residence is not located in an area served by a sewer and if determination of failure is made prior to the rehabilitation or replacement of the failing private sewage system.

AB40-ASA1, s. 2641e Section 2641e. 145.245 (5) (c) 1. of the statutes is amended to read:

AB40-ASA1,1106,17 145.245 (5) (c) 1. In order to be eligible for grant funds under this section to rehabilitate or replace a private sewage system for a principal residence, the owner's annual family income of the person who owns the principal residence may not exceed $45,000 300 percent of the federal poverty line, as defined under 42 USC 9902 (2), for a family the size of the owner's family.

AB40-ASA1, s. 2641f Section 2641f. 145.245 (7) (bn) of the statutes is created to read:

AB40-ASA1,1106,22 145.245 (7) (bn) Except as provided in par. (e), the state grant share under this section for each participating governmental unit shall equal 75 percent of allowable costs for rehabilitating or replacing the private sewage systems that serve principal residences for which grant applications are received by the governmental unit.

AB40-ASA1, s. 2641g Section 2641g. 145.245 (7) (c) of the statutes is amended to read:

AB40-ASA1,1107,17 145.245 (7) (c) Except as provided in pars. (d) and par. (e), the state grant share under this section for each participating governmental unit is limited to $7,000 for each principal residence or small commercial establishment to be served by the private sewage system that is regulated by the participating governmental unit or to the amount determined by the department based upon private sewage system grant funding tables, whichever is less. The department shall prepare and publish these private sewage system grant funding tables for small commercial establishments which specify the maximum state grant share limitation for various components and costs involved in the rehabilitation or replacement of a private sewage system based upon minimum size and other requirements specified in the state plumbing code promulgated under s. 145.02. The maximum state grant share limitations for small commercial establishments shall be designed to pay approximately 60% of the average allowable cost of private sewage system rehabilitation or replacement based upon estimated or actual costs of that rehabilitation or replacement. The department shall revise the grant funding tables when it determines that 60% of current costs of private sewage system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10%, except that the department may not revise the grant funding tables more often than once every 2 years.

AB40-ASA1, s. 2641h Section 2641h. 145.245 (7) (d) of the statutes is repealed.

AB40-ASA1, s. 2641j Section 2641j. 145.245 (8) (title) of the statutes is amended to read:

AB40-ASA1,1107,20 145.245 (8) (title) Application; Governmental units.

AB40-ASA1, s. 2641k Section 2641k. 145.245 (9) (g) of the statutes is amended to read:

AB40-ASA1,1108,2 145.245 (9) (g) Establish a system which provides for the distribution of grant funds received among eligible applicants based on the amount requested in the application as approved by the department. If the amount received by a county is insufficient to fully fund all grants, the county shall prorate grant funds on the same basis as sub. (11m).

AB40-ASA1, s. 2641m Section 2641m. 145.245 (11) (c) of the statutes is amended to read:

AB40-ASA1,1108,10 145.245 (11) (c) Allocation. The department shall allocate available funds for grants to each participating governmental unit according to the total amount of the state grant share for all eligible applications received by that participating governmental unit. In making this allocation for each participating governmental unit, the department shall determine the amount of grant funding that will be available for principal residences and the amount that will be available for small commercial establishments.

AB40-ASA1, s. 2641n Section 2641n. 145.245 (11g) of the statutes is created to read:

AB40-ASA1,1108,16 145.245 (11g) Priority system; principal residences. The department shall promulgate rules to establish a priority system for grants under this section to owners of principal residences under which the highest priority is given to grants for the rehabilitation or replacement of failing private sewage systems for which written enforcement orders, as specified in sub. (1) (a) 2. or 3., have been issued.

AB40-ASA1, s. 2641p Section 2641p. 145.245 (11m) (title) of the statutes is amended to read:

AB40-ASA1,1108,18 145.245 (11m) (title) Prorating small commercial establishments.

AB40-ASA1, s. 2641r Section 2641r. 145.245 (11m) (e) of the statutes is created to read:

AB40-ASA1,1108,22 145.245 (11m) (e) This subsection does not apply to grants for the rehabilitation or replacement of failing private sewage systems that serve principal residences.

AB40-ASA1, s. 2641s Section 2641s. 145.245 (12) (title) of the statutes is amended to read:

AB40-ASA1,1108,25 145.245 (12) (title) Determination of eligibility; disbursement of grants; governmental units.

AB40-ASA1, s. 2641t Section 2641t. 145.245 (12m) (a) of the statutes is amended to read:

AB40-ASA1,1109,5 145.245 (12m) (a) A governmental unit to which the department allocates funds under sub. (11) for a fiscal year may apply to the department for a loan under this subsection if the department prorates funds under sub. (11m) funds are not sufficient to fully fund all applications for that fiscal year. A

AB40-ASA1,1109,12 (ar) For grants to rehabilitate or replace private sewage systems that serve small commercial establishments, a governmental unit may only use a loan under this subsection to increase the amounts of grants to persons eligible under sub. (5) above the amounts that would be provided without a loan under this subsection or to provide grants to persons eligible under sub. (5) who would otherwise not receive grants, because of the operation of sub. (11m) (c), but the total amount provided to a person under this section may not exceed the amount authorized under sub. (7) (c).

AB40-ASA1, s. 2641u Section 2641u. 145.245 (12m) (ag) of the statutes is created to read:

AB40-ASA1,1109,19 145.245 (12m) (ag) For grants to rehabilitate or replace private sewage systems that serve principal residences, a governmental unit may only use a loan under this subsection to increase the number of grants to persons eligible under sub. (5) above the number of grants that would be provided without a loan under this subsection or to provide grants to persons eligible under sub. (5) who would otherwise not receive grants under the priority system established under sub. (11g).

AB40-ASA1, s. 2642 Section 2642. 145.245 (12m) (e) of the statutes is amended to read:

AB40-ASA1,1109,25 145.245 (12m) (e) The department of commerce safety and professional services and the department of administration may enter into a financial assistance agreement with a governmental unit that applies for a loan under this subsection and meets the eligibility requirements for a loan, including the requirements under par. (d).

AB40-ASA1, s. 2643 Section 2643. 145.245 (12m) (f) of the statutes is amended to read:

AB40-ASA1,1110,9 145.245 (12m) (f) The department of administration, in consultation with the department of commerce safety and professional services, may establish those terms and conditions of a financial assistance agreement that relate to its financial management, including what type of municipal obligation is required for the repayment of the financial assistance. In setting the terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of obligation evidencing the loan, the pledge of security for the obligation and the applicant's creditworthiness.

AB40-ASA1, s. 2644 Section 2644. 145.245 (12m) (g) of the statutes is amended to read:

AB40-ASA1,1110,15 145.245 (12m) (g) The department of administration shall make and disburse a loan to an applicant that has entered into a financial assistance agreement under par. (e). The department of administration, in consultation with the department of commerce safety and professional services, shall establish procedures for disbursing loans.

AB40-ASA1, s. 2645 Section 2645. 145.245 (12m) (h) of the statutes is amended to read:

AB40-ASA1,1111,2 145.245 (12m) (h) If a governmental unit fails to make a principal repayment after its due date, the department of administration shall place on file a certified statement of all amounts due under this subsection. After consulting the department of commerce safety and professional services, the department of administration may collect all amounts due by deducting those amounts from any state payments due the governmental unit or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. If the department of administration collects amounts due, it shall remit those amounts to the fund to which they are due and notify the department of commerce safety and professional services of that action.

AB40-ASA1, s. 2646 Section 2646. 146.085 (3) of the statutes is amended to read:

AB40-ASA1,1111,6 146.085 (3) Enforcement. The department, the department of commerce safety and professional services, and the public service commission shall enforce this section within their respective jurisdictions.

AB40-ASA1, s. 2646t Section 2646t. 146.38 (1) (b) 2. of the statutes, as created by 2011 Wisconsin Act 2, is amended to read:

AB40-ASA1,1111,11 146.38 (1) (b) 2. A facility, association, or business entity, as specified in s. 146.81 (1) (i) to (q) and including a residential care apartment complex, as defined in s. 50.01 (1d).

AB40-ASA1, s. 2647 Section 2647. 146.40 (4r) (em) of the statutes is amended to read:

AB40-ASA1,1111,17 146.40 (4r) (em) If the department receives a report under par. (a) or (am) and determines that an individual who is the subject of the report holds a credential that is related to the individual's employment at, or contract with, the entity, the department shall refer the report to the department of regulation and licensing safety and professional services.

AB40-ASA1, s. 2648L Section 2648L. 146.66 of the statutes is created to read:

AB40-ASA1,1111,22 146.66 Low-income dental clinics . (1) From the appropriation account under s. 20.435 (1) (dk), in each fiscal year, the department shall award grants to no fewer than 9 nonprofit dental clinics that meet the eligibility requirements under sub. (2) and are located in this state.

AB40-ASA1,1111,24 (2) To be eligible for a grant under sub. (1), a nonprofit dental clinic must satisfy all of the following requirements:

AB40-ASA1,1111,25 (a) The clinic does not receive federal funds under 42 USC 254b.

AB40-ASA1,1112,2 (b) The clinic's primary purpose is to provide dental care to low-income patients, which may include any of the following individuals:

AB40-ASA1,1112,3 1. Recipients of medical assistance, as defined in s. 49.43 (8).

AB40-ASA1,1112,5 2. Low-income individuals who do not qualify for medical assistance, as defined in s. 49.43 (8).

AB40-ASA1,1112,6 3. Individuals under the age of 18.

AB40-ASA1,1112,7 4. Individuals over the age of 65.

AB40-ASA1,1112,8 5. Individuals with disabilities.

AB40-ASA1,1112,13 (3) The department shall seek federal funding to support the operations of dental clinics that receive grants under sub. (1) and shall request that the federal department of health and human services encourage collaborative arrangements between private dentists and health centers that receive federal funds under 42 USC 254b.

AB40-ASA1, s. 2648q Section 2648q. 146.82 (2) (a) 22. of the statutes is created to read:

AB40-ASA1,1112,23 146.82 (2) (a) 22. By a person specified in subd. 21. to a correctional officer of the department of corrections who has custody of or is responsible for the supervision of a prisoner, to a person designated by a jailer to have custodial authority over a prisoner, or to a law enforcement officer or other person who is responsible for transferring a prisoner to or from a prison or jail, if the patient health care record indicates that the prisoner has a communicable disease and disclosure of that information is necessary for the health and safety of the prisoner or of other prisoners, of the person whom the information is disclosed, or of any employee of the prison or jail.

AB40-ASA1, s. 2649x Section 2649x. 146.83 (1d) of the statutes is renumbered 146.83 (1c) and amended to read:

AB40-ASA1,1113,9 146.83 (1c) Except as provided in s. 51.30 or 146.82 (2), any patient or person authorized by the patient may, upon submitting a statement of informed consent, inspect the health care records of a health care provider pertaining to that patient. Except as provided in sub. (1g), the health care provider shall make the records available for inspection by the patient or person authorized by the patient during regular business hours, after the health care provider receives notice from the patient or person authorized by the patient. A health care provider may not charge a fee for inspection under this subsection at any time during regular business hours, upon reasonable notice.

AB40-ASA1, s. 2653 Section 2653. 146.83 (1f) (a) of the statutes is repealed.

AB40-ASA1, s. 2654 Section 2654. 146.83 (1f) (b) of the statutes is repealed.

AB40-ASA1, s. 2655 Section 2655. 146.83 (1f) (c) of the statutes is repealed.

AB40-ASA1, s. 2656 Section 2656. 146.83 (1f) (d) 1. of the statutes is renumbered 146.83 (1f) (am) and amended to read:

AB40-ASA1,1113,21 146.83 (1f) (am) If a patient or person authorized by the patient requests copies of the patient's health care records under this subsection section for use in appealing a denial of social security disability insurance, under 42 USC 401 to 433, or supplemental security income, under 42 USC 1381 to 1385, the health care provider may charge the patient or person authorized by the patient no more than the amount that the federal social security administration reimburses the department for copies of patient health care records.

AB40-ASA1, s. 2657 Section 2657. 146.83 (1f) (d) 2. of the statutes is renumbered 146.83 (1f) (cm) and amended to read:

AB40-ASA1,1114,8 146.83 (1f) (cm) Except as provided in sub. (1g), a health care provider may not charge a patient or a person authorized by the patient more than 25 percent of the applicable fee under sub. (3f) for providing one set of copies of a patient's health care records under this subsection section if the patient is eligible for medical assistance, as defined in s. 49.43 (8). A health care provider may require that a patient or person authorized by the patient provide proof that the patient is eligible for medical assistance before providing copies under this subdivision without paragraph at a reduced charge. A health care provider may charge the fees 100 percent of the applicable fee under par. (c) sub. (3f) for providing a 2nd or additional set of copies of patient health care records for a patient who is eligible for medical assistance.

AB40-ASA1, s. 2658x Section 2658x. 146.83 (1g) of the statutes is amended to read:

AB40-ASA1,1114,15 146.83 (1g) The time limit for making records available for inspection under sub. (1d), the time limits for providing copies of records under sub. (1f) (a) and (b), and the requirement under sub. (1f) (d) 2. (cm) to provide one set of copies of records without at a reduced charge if the patient is eligible for medical assistance do does not apply if the health care provider is the department or the department of corrections.

AB40-ASA1, s. 2659x Section 2659x. 146.83 (1h) (a) of the statutes is repealed.

AB40-ASA1, s. 2659y Section 2659y. 146.83 (1h) (b) of the statutes is repealed.

AB40-ASA1, s. 2659z Section 2659z. 146.83 (1h) (c) of the statutes is renumbered 146.83 (1f) (bm).

AB40-ASA1, s. 2660 Section 2660. 146.83 (1k) of the statutes is repealed.

AB40-ASA1, s. 2661 Section 2661. 146.83 (1m) of the statutes is renumbered 146.83 (1m) (a).

AB40-ASA1, s. 2662 Section 2662. 146.83 (1m) (b) of the statutes is created to read:

AB40-ASA1,1114,23 146.83 (1m) (b) The health care provider under par. (a) may be charged reasonable costs for the provision of the patient's health care records.

AB40-ASA1, s. 2663m Section 2663m. 146.83 (3f) of the statutes is created to read:

AB40-ASA1,1115,4 146.83 (3f) (a) Except as provided in sub. (1f) or s. 51.30 or 146.82 (2), if a person requests copies of a patient's health care records, provides informed consent, and pays the applicable fees under par. (b), the health care provider shall provide the person making the request copies of the requested records.

AB40-ASA1,1115,7 (b) Except as provided in sub. (1f), a health care provider may charge no more than the total of all of the following that apply for providing the copies requested under par. (a):

AB40-ASA1,1115,10 1. For paper copies: $1 per page for the first 25 pages; 75 cents per page for pages 26 to 50; 50 cents per page for pages 51 to 100; and 30 cents per page for pages 101 and above.

AB40-ASA1,1115,11 2. For microfiche or microfilm copies, $1.50 per page.

AB40-ASA1,1115,12 3. For a print of an X-ray, $10 per image.

AB40-ASA1,1115,14 4. If the requester is not the patient or a person authorized by the patient, for certification of copies, a single $8 charge.

AB40-ASA1,1115,16 5. If the requester is not the patient or a person authorized by the patient, a single retrieval fee of $20 for all copies requested.

AB40-ASA1,1115,17 6. Actual shipping costs and any applicable taxes.

AB40-ASA1,1115,20 (c) 1. In this paragraph, "consumer price index" means the average of the consumer price index for all urban consumers, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB40-ASA1,1116,3 2. On each July 1, beginning on July 1, 2012, the department shall adjust the dollar amounts specified under par. (b) by the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for the 12-month period ending on December 31 of the year before the preceding year. The department shall notify the legislative reference bureau of the adjusted amounts and the legislative reference bureau shall publish the adjusted amounts in the Wisconsin Administrative Register.

AB40-ASA1, s. 2664 Section 2664. 146.84 (2) (a) 1. of the statutes is amended to read: