Amendment ASA1-AB40

AB40-ASA1,1449,8 1. "Department" means the department of health services.

AB40-ASA1,1449,11 2. "Family care partnership program" means an integrated health and long-term care program operated under an amendment to the state medical assistance plan, as authorized in 42 USC 1396n (i).

AB40-ASA1,1449,13 3. "Family care program" means the benefit program under section 46.286 of the statutes.

AB40-ASA1,1449,17 4. "Institutional facility" means a nursing home under section 50.01 (3) of the statutes, an intermediate care facility for persons with mental retardation under section 50.14 (1) (b) of the statutes, or a center for the developmentally disabled under section 51.01 (3) of the statutes.

AB40-ASA1,1449,19 5. "Long-term care program" means any of the following that are available in a county on June 30, 2011, or the effective date of this subdivision, whichever is later:

AB40-ASA1,1449,20 a. The family care program.

AB40-ASA1,1449,21 b. The self-directed services option.

AB40-ASA1,1449,22 c. The family care partnership program.

AB40-ASA1,1449,23 d. The program for all-inclusive care for the elderly under 42 USC 1396u-4.

AB40-ASA1,1450,2 6. "Resource center" has the meaning given under section 46.2805 (10) of the statutes.

AB40-ASA1,1450,4 7. "Resource center service area" means the geographical area prescribed for a resource center by the department.

AB40-ASA1,1450,8 8. "Self-directed services option" means the program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) that allows participants to self-manage publicly funded long-term care services.

AB40-ASA1,1450,9 (b) Enrollment cap.

AB40-ASA1,1450,17 1. Notwithstanding section 46.286 (3) of the statutes and subject to subdivision 2. and paragraph (c), the department may not enroll more individuals in long-term care programs in a resource center service area than the number of individuals enrolled in long-term care programs in that resource center service area on June 30, 2011, or the effective date of this subdivision, whichever is later. This subdivision does not authorize the department to enroll an individual in a long-term care program that is not available in the individual's county of residence. This subdivision does not apply after June 30, 2013.

AB40-ASA1,1450,20 2. Individuals enrolled in a long-term care program under paragraph (c) are not counted for the purpose of determining the number of individuals enrolled in long-term care programs in a resource center service area under subdivision 1.

AB40-ASA1,1450,24 3. A month during which subdivision 1. is in effect is not counted for purposes of determining the date under section 46.286 (3) (c) of the statutes by which the department must assure that there is sufficient capacity in care management organizations to provide the family care benefit to all entitled individuals in a county.

AB40-ASA1,1451,3 (c) Exception to the enrollment cap. The department may enroll an individual who is relocating from an institutional facility in a long-term care program if any of the following applies:

AB40-ASA1,1451,4 1. The individual has resided at the institutional facility for at least 90 days.

AB40-ASA1,1451,6 2. The department removes the individual from the institutional facility under section 50.03 (5m) (a) of the statutes.

AB40-ASA1,1451,8 3. The institutional facility is closing or relocating residents under section 50.03 (14) of the statutes.

AB40-ASA1,1451,9 4. The institutional facility is not licensed to operate in this state.

AB40-ASA1,1451,11 5. The individual is relocated due to an emergency, as determined by the department.

AB40-ASA1,1451,12 (2g) Family care benefit emergency funding.

AB40-ASA1,1451,19 (a) 2011-13 biennium. The department may expend $12,639,000 in fiscal year 2011-12 and $12,600,800 in fiscal year 2012-13 to provide the long-term care services and support items that are offered under the family care program to individuals who are on a waiting list for a long-term care program and who are in urgent need of long-term care services, as determined by the department. The department may provide services and support items to an individual under this paragraph until the individual is permanently enrolled in a long-term care program.

AB40-ASA1,1451,25 (b) 2013-15 biennium. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2013-15 biennial budget bill, the department shall submit information concerning the appropriation under section 20.435 (4) (b) of the statutes as though the increases in the dollar amounts of that appropriation for the purposes of paragraph (a) had not been made.

AB40-ASA1,1452,11 (3g) Long-term care cost-effectiveness study. The secretary of the department shall study the cost-effectiveness of the family care program, the family care partnership program, the self-directed services option, and the program for all-inclusive care for the elderly under 42 USC 1396u-4. The study shall compare the cost-effectiveness of each program to each of the other programs; the cost-effectiveness of each program to the benefits provided to medical assistance recipients under section 49.46 (2) (a) and (b) of the statutes; and the cost-effectiveness of the care that individuals receive before they enroll in a long-term care program to the care that the individuals receive in a long-term care program. The department shall submit the findings of its study to the joint committee on finance by March 1, 2012.

AB40-ASA1,1452,18 (5) Expansion of Family Care. Beginning on July 1, 2011, and ending on June 30, 2013, the department of health services may not propose to contract with entities to administer the family care benefit, as described in section 46.286 of the statutes, in a county in which the family care benefit is not available on July 1, 2011, unless the department of health services determines that administering the family care benefit in such a county would be more cost-effective than the county's current mechanism for delivering long-term care services.

AB40-ASA1,1452,19 (6u) Income maintenance program administration; multicounty consortia.

AB40-ASA1,1452,20 (a) In this subsection:

AB40-ASA1,1452,21 1. "Department" means the department of health services.

AB40-ASA1,1452,23 2. "Income maintenance program" has the meaning given in section 49.78 (1) (b) of the statutes.

AB40-ASA1,1452,25 3. "Multicounty consortium" has the meaning given in section 49.78 (1) (br) of the statutes, as created by this act.

AB40-ASA1,1453,3 (b) Counties with a population of less than 750,000 shall organize themselves into no more than 10 consortia and notify the department of the composition of the organized consortia no later than October 1, 2011.

AB40-ASA1,1453,9 (c) In each of calendar years 2012 and 2013, a county that is part of a multicounty consortium shall contribute funds to its multicounty consortium in an amount that is not less than the amount the county expended for the administration of income maintenance programs in calendar year 2009. For the purposes of this paragraph, Kenosha County expended $673,000 for the administration of income maintenance programs in calendar year 2009.

AB40-ASA1,1453,12 (6v) Income maintenance program administration; data processing unit. The department of health services shall relocate the document processing unit to a location that is outside of Dane County no later than July 1, 2012.

AB40-ASA1,1453,18 (7u) Milwaukee County enrollment services unit. No later than 30 days after the effective date of this subsection, the department of health services shall discuss with Milwaukee County any issues relating to the employment of county employees with the state to provide services for the Milwaukee County enrollment services unit. The department of health services shall submit a report to the joint committee on finance on this issue no later than 60 days after the effective date of this subsection.

AB40-ASA1,1453,23 (8r) Veterans home exemption from nursing home bed assessment. Notwithstanding section 50.14 (2) of the statutes, the Wisconsin veterans homes under section 45.50 of the statutes, as affected by this act, are not required to pay the per-bed assessment on nursing homes under section 50.14 (2) (am) of the statutes during the fiscal biennium in which this subsection takes effect.

AB40-ASA1,1454,10 (9) Congenital disorder testing fees; rules. Using the procedure under section 227.24 of the statutes, the department of health services shall promulgate rules required under section 253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40-ASA1,1454,15 (10q) Medical Assistance nursing home payment base funding. For the purpose of submitting information under section 16.42 of the statutes for purposes of preparing the 2013-15 biennial budget bill, the department of health services shall increase its adjusted base year funding for nursing home payments by $415,600 in general purpose revenue moneys and by $925,100 in federal moneys.

AB40-ASA1,1454,23 (10x) Audit of statewide income maintenance program administration. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the statewide administration of income maintenance programs, as defined in section 49.78 (1) (b) of the statutes. If conducted, the audit shall address timeliness, program integrity, and efficiency. If the committee directs the legislative audit bureau to conduct the audit, the bureau shall file its reports in the manner described under section 13.94 (1) (b) of the statutes by March 1, 2013.

AB40-ASA1,1455,5 (11i) Study on purchase of generic drugs for Medical Assistance. The department of health services shall conduct a study to determine whether the use of a competitive bidding process for the purchase of generic drug equivalents that are provided to recipients under the Medical Assistance program would generate cost savings in the Medical Assistance program. No later than December 31, 2011, the department of health services shall submit a report of its findings under the study to the joint committee on finance.

AB40-ASA1,1455,6 (12b) Study on Medical Assistance and Food Share changes.

AB40-ASA1,1455,8 (a) The department of health services shall conduct a study to estimate the costs and determine the feasibility of the following policies:

AB40-ASA1,1455,13 1. Implementing photo identification requirements for beneficiaries of the Medical Assistance program and beneficiaries of the Food Share program by requiring a Medical Assistance enrollment card to contain a photograph of the beneficiary and a Food Share electronic benefit transfer card to contain a photograph of the beneficiary.

AB40-ASA1,1455,16 2. Promoting the purchase of nutritional foods and beverages among Food Share beneficiaries and requiring a beneficiary to purchase nutritional foods and beverages under the program.

AB40-ASA1,1455,17 (b) The study must address all of the following issues:

AB40-ASA1,1455,20 1. Any potential costs associated with the implementation of the changes and any potential savings due to fraud reduction as a result of implementing the requirement for photo identification.

AB40-ASA1,1455,22 2. How to accommodate the photo identification requirement in households comprised of multiple individuals.

AB40-ASA1,1455,23 3. The need for federal approval to implement the changes.

AB40-ASA1,1456,2 (c) No later than December 31, 2011, the department of health services shall submit to the joint committee on finance a report that includes the department's recommendations for implementing the policies under paragraph (a) and that analyzes the feasibility of implementing those changes by April 1, 2012.

AB40-ASA1,1456,20 (12f) Seal-a-smile dental sealant program. The department of health services may submit a request to the joint committee on finance under section 13.10 of the statutes to provide supplemental funding under section 13.101 (3) of the statutes for the appropriation under section 20.435 (1) (de) of the statutes for use by the department to award a grant under section 250.10 (1m) (b) of the statutes for a school-based dental sealant program. Any request submitted under this subsection shall include a statement as to whether a private entity has agreed to provide matching funds for the grant for a school-based dental sealant program under section 250.10 (1m) (b) of the statutes. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's request that the committee has scheduled a meeting for the purpose of reviewing the request, the request is granted. If, within 14 working days after the date of the request, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the request, the request may be granted only upon approval of the committee. Notwithstanding section 13.101 (3) of the statutes, the joint committee on finance is not required to find that an emergency exists prior to making the supplementation under this subsection.

AB40-ASA1, s. 9122 Section 9122. Nonstatutory provisions; Higher Educational Aids Board.

AB40-ASA1,1457,5 (1d) Board of trustees of the Medical College of Wisconsin, Inc. Notwithstanding the requirement specified in section 39.15 (1) (a) of the statutes, as affected by this act, that 2 of the members of the board of trustees of the Medical College of Wisconsin, Inc., must be nominated by the governor, and with the advice and consent of the senate, appointed, that board may consist of more than 2 members so nominated and appointed until such time as through term expiration, resignation, removal, death, or other cause the membership of that board so nominated and appointed is reduced to 2 members.

AB40-ASA1, s. 9123 Section 9123. Nonstatutory provisions; Historical Society.

AB40-ASA1, s. 9124 Section 9124. Nonstatutory provisions; Housing and Economic Development Authority.

AB40-ASA1, s. 9125 Section 9125. Nonstatutory provisions; Insurance.

AB40-ASA1, s. 9126 Section 9126. Nonstatutory provisions; Investment Board.

AB40-ASA1,1457,18 (1f) Rights of certain investment board employees. Notwithstanding section 230.08 (2) (p) of the statutes, as affected by this act, all of the employees holding blue collar and clerical positions in the classified service at the investment board on the day before the effective date of this subsection, who have achieved permanent status in class on or before that date, shall retain, while serving in the unclassified service, those protections afforded employees in the classified service under sections 230.34 (1) (a) and 230.44 (1) (c) of the statutes relating to demotion, suspension, discharge, layoff, or reduction in base pay and shall also have reinstatement privileges to the classified service as provided under section 230.33 (1) of the statutes.

AB40-ASA1, s. 9127 Section 9127. Nonstatutory provisions; Joint Committee on Finance.

AB40-ASA1, s. 9128 Section 9128. Nonstatutory provisions; Judicial Commission.

AB40-ASA1, s. 9129 Section 9129. Nonstatutory provisions; Justice.

AB40-ASA1, s. 9130 Section 9130. Nonstatutory provisions; Legislature.

AB40-ASA1,1457,23 (1u) Open enrollment program report.

AB40-ASA1,1458,3 (a) The legislative audit bureau shall prepare a report on the state aid transfer amount under the open enrollment program. The report shall discuss all of the following:

AB40-ASA1,1458,4 1. The history of the transfer amount.

AB40-ASA1,1458,7 2. Alternatives for increasing the transfer amount based on the costs to nonresident school districts of educating transfer pupils and the amount of funding the resident school districts retain for their fixed costs.

AB40-ASA1,1458,9 3. Alternatives for transferring the resident school district's revenue limit amount or state aid amount to the nonresident school district.

AB40-ASA1,1458,12 (b) The report shall discuss the issues and alternatives under paragraph (a) with respect to school districts that either gain or lose a relatively large proportion of pupils under the program.

AB40-ASA1,1458,18 (c) By January 1, 2012, the legislative audit bureau shall submit the report to the governor; to the cochairpersons of the joint committee on finance; to the cochairpersons of the joint legislative audit committee under section 13.172 (3) of the statutes; and to the chairpersons of the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under section 13.172 (3) of the statutes.

AB40-ASA1, s. 9131 Section 9131. Nonstatutory provisions; Lieutenant Governor.

AB40-ASA1, s. 9132 Section 9132. Nonstatutory provisions; Local Government.

AB40-ASA1,1458,22 (1d) Collective bargaining agreements covering certain municipal district employees.

AB40-ASA1,1459,13 (a) A school district and the representative of a collective bargaining unit containing employees of that school district may enter into one memorandum of understanding that modifies compensation or fringe benefit requirements in the collective bargaining agreement under subchapter IV of chapter 111 of the statutes that covers the school district employees, that was entered into before February 1, 2011, and that is in effect on the effective date of this paragraph. Such a modification is not a modification of the collective bargaining agreement for purposes of 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), or any provisions that are substantially similar to 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), that may be enacted under separate legislation. The memorandum of understanding entered into under this paragraph remains effective for the duration of the current collective bargaining agreement and continues to be effective after the collective bargaining agreement expires until a new collective bargaining agreement takes effect except that, if the memorandum contains a provision addressing a subject that, at the expiration of the collective bargaining agreement, becomes a prohibited subject of bargaining, that provision is no longer effective.

AB40-ASA1,1460,5 (b) A technical college district board and the representative of a collective bargaining unit containing employees of that technical college district may enter into one memorandum of understanding that modifies compensation or fringe benefit requirements in the collective bargaining agreement under subchapter IV of chapter 111 of the statutes that covers the technical college district employees, that was entered into before February 1, 2011, and that is in effect on the effective date of this paragraph. Such a modification is not a modification of the collective bargaining agreement for purposes of 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), or any provisions that are substantially similar to 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), that may be enacted under separate legislation. The memorandum of understanding entered into under this paragraph remains effective for the duration of the current collective bargaining agreement and continues to be effective after the collective bargaining agreement expires until a new collective bargaining agreement takes effect except that, if the memorandum contains a provision addressing a subject that, at the expiration of the collective bargaining agreement, becomes a prohibited subject of bargaining, that provision is no longer effective.

AB40-ASA1,1460,7 (c) No memorandum of understanding as described in paragraph (a) or (b) may be entered into later than 90 days after the effective date of this paragraph.

AB40-ASA1, s. 9133 Section 9133. Nonstatutory provisions; Medical College of Wisconsin.

AB40-ASA1, s. 9134 Section 9134. Nonstatutory provisions; Military Affairs.

AB40-ASA1, s. 9135 Section 9135. Nonstatutory provisions; Natural Resources.

AB40-ASA1,1460,11 (2) Commercial construction site erosion control.

AB40-ASA1,1460,13 (a) In this subsection, "commercial building site" means a building site for construction of public buildings and buildings that are places of employment.

AB40-ASA1,1460,23 (b) All rules promulgated by the department of natural resources under section 281.33 (3m), 2009 stats., related to erosion control for commercial building sites that are in effect on the effective date of this paragraph, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of natural resources that are in effect on the effective date of this paragraph and that are primarily related to erosion control for commercial building sites, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

AB40-ASA1,1461,6 (c) Any matter pending with the department of natural resources on the effective date of this paragraph that is primarily related to its commercial building site erosion control responsibilities under section 281.33 (3m), 2009 stats., as determined by the secretary of administration, is transferred to the department of safety and professional services and all materials submitted to or actions taken by the department of natural resources with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

AB40-ASA1,1461,10 (d) Any delegation of the authority to act under section 281.33 (3m), 2009 stats., made by the department of natural resources to a county, city, village, or town that is in effect on the effective date of this paragraph remains in effect until revoked by the department of safety and professional services.

AB40-ASA1,1461,11 (e) 1. In this paragraph:

AB40-ASA1,1461,13 a. "Commercial building" means a public building or a building that is a place of employment.

AB40-ASA1,1461,15 b. "Place of employment" has the meaning given in section 101.01 (11) of the statutes.

AB40-ASA1,1461,16 c. "Public building" has the meaning given in section 101.01 (12) of the statutes.

AB40-ASA1,1461,19 2. On or before October 1, 2011, the department of natural resources and the department of safety and professional services shall enter into a memorandum of understanding that does all of the following:

AB40-ASA1,1461,24 a. Delineates the responsibilities of the department of natural resources under section 281.33 of the statutes, as affected by this act, and the department of safety and professional services under section 101.1206 of the statutes, as affected by this act, in administering erosion control activities at construction sites during and after construction.