AB40: Bill Text

AB40,567,4 (b) The board shall use any penalties assessed and collected under this subsection for the program under this section.

AB40,567,5 (8) Administration. The board shall do all of the following:

AB40,567,7 (b) Identify eligible practice areas and rural areas with an extremely high need for medical care.

AB40,567,9 (d) Publicize the program under this section to physicians and eligible communities.

AB40,567,11 (e) Assist physicians who are interested in applying for the program under this section.

AB40,567,13 (f) Assist communities in obtaining physicians' services through the program under this section.

AB40,567,14 (g) Make recommendations to the governor on all of the following:

AB40,567,16 1. Ways to improve the delivery of health care to persons living in rural areas of the state that constitute shortage areas.

AB40,567,18 2. Ways to help communities evaluate and utilize the linkage between rural health facilities and economic development.

AB40,567,20 3. Coordination of state and federal programs available to assist rural health care service delivery.

AB40,567,22 4. Strengthening coordination and maintenance of rural services and the delivery system.

AB40,567,24 5. Development of mechanisms to reduce shortages of health care providers in rural areas.

AB40,568,3 (h) Notwithstanding subs. (3) (b) and (5) (a) and (b), ensure that moneys appropriated under s. 20.280 (1) (qj) are used under this section only to repay loans on behalf of physicians who agree to practice in a rural area.

AB40,568,9 (9) Expanded loan assistance program. The board may agree to repay loans as provided under this section on behalf of a physician under an expanded physician loan assistance program that is funded through federal funds in addition to state matching funds. To be eligible for loan repayment under the expanded physician loan assistance program, a physician must fulfill all of the requirements for loan repayment under this section, as well as all of the following:

AB40,568,10 (a) The physician must be a U.S. citizen.

AB40,568,12 (b) The physician may not have a judgment lien against his or her property for a debt to the United States.

AB40,568,13 (c) The physician must agree to do all of the following:

AB40,568,15 1. Accept medicare assignment as payment in full for services or articles provided.

AB40,568,18 2. Use a sliding fee scale or a comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the physician's services.

AB40,568,20 3. Practice at a public or private nonprofit entity in a health professional shortage area.

AB40,568,22 37.61 Health care provider loan assistance program. (1) Definitions. In this section:

AB40,568,23 (ac) "Clinic hours" has the meaning given in s. 37.60 (1) (ac).

AB40,568,24 (ad) "Council" means the rural health development council.

AB40,568,25 (e) "Rural area" has the meaning given in s. 37.63 (1) (c).

AB40,569,4 (2) Eligibility. The board may repay, on behalf of a health care provider, up to $25,000 in educational loans obtained by the health care provider from a public or private lending institution for education related to the health care provider's field of practice, as determined by the board with the advice of the council.

AB40,569,10 (3) Agreement. (a) The board shall enter into a written agreement with the health care provider. In the agreement, the health care provider shall agree to practice at least 32 clinic hours per week for 3 years in one or more eligible practice areas in this state or in a rural area, except that a health care provider in the expanded loan assistance program under sub. (8) may only agree to practice at a public or private nonprofit entity in a health professional shortage area.

AB40,569,14 (b) The agreement shall specify that the responsibility of the board to make the payments under the agreement is subject to the availability of funds in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b).

AB40,569,16 (4) Loan repayment. Principal and interest due on loans, exclusive of any penalties, may be repaid by the board at the following rate:

AB40,569,18 (a) Up to 40 percent of the principal of the loan or $10,000, whichever is less, during the first year of participation in the program under this section.

AB40,569,21 (b) Up to an additional 40 percent of the principal of the loan or $10,000, whichever is less, during the 2nd year of participation in the program under this section.

AB40,569,24 (c) Up to an additional 20 percent of the principal of the loan or $5,000, whichever is less, during the 3rd year of participation in the program under this section.

AB40,570,4 (5) Availability of funds; right of action against state. (a) The obligation of the board to make payments under an agreement entered into under sub. (3) is subject to the availability of funds in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b).

AB40,570,10 (b) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b), the board shall establish priorities among the eligible applicants based upon the following considerations:

AB40,570,13 1. The degree to which there is an extremely high need for medical care in the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.

AB40,570,16 2. The likelihood that an eligible applicant will remain in the eligible practice area, health professional shortage area, or rural area in which he or she desires to practice after the loan repayment period.

AB40,570,18 3. The per capita income of the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.

AB40,570,22 4. The financial or other support for health care provider recruitment and retention provided by individuals, organizations, or local governments in the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.

AB40,571,2 5. The geographic distribution of the health care providers who have entered into loan repayment agreements under this section and the geographic location of the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.

AB40,571,3 6. Other considerations that the board may specify.

AB40,571,7 (c) An agreement under sub. (3) does not create a right of action against the state, the university, or other instrumentalities of the state on the part of the health care provider or the lending institution for failure to make the payments specified in the agreement.

AB40,571,9 (6) Local participation. The board shall encourage contributions to the program under this section by counties, cities, villages, and towns.

AB40,571,12 (6m) Penalties. (a) The board shall establish requirements for penalties to be assessed by the board against health care providers who breach an agreement entered into under sub. (3) (a). The requirements shall do all of the following:

AB40,571,13 1. Specify what actions constitute a breach of the agreement.

AB40,571,14 2. Provide specific penalty amounts for specific breaches.

AB40,571,16 3. Provide exceptions for certain actions, including breaches resulting from death or disability.

AB40,571,18 (b) The board shall use any penalties assessed and collected under this subsection for the program under this section.

AB40,571,19 (7) Administration. The board shall do all of the following:

AB40,571,20 (a) Identify communities with an extremely high need for health care.

AB40,571,22 (b) Publicize the program under this section to health care providers and eligible communities.

AB40,571,24 (c) Assist health care providers who are interested in applying for the program under this section.

AB40,572,2 (d) Assist communities in obtaining the services of health care providers through the program under this section.

AB40,572,5 (e) Notwithstanding subs. (3) (b) and (5) (a) and (b), ensure that moneys appropriated under s. 20.280 (1) (qj) are used under this section only to repay loans on behalf of health care providers who agree to practice in a rural area.

AB40,572,12 (8) Expanded loan assistance program. The board may agree to repay loans as provided under this section on behalf of a health care provider under an expanded health care provider loan assistance program that is funded through federal funds in addition to state matching funds. To be eligible for loan repayment under the expanded health care provider loan assistance program, a health care provider must fulfill all of the requirements for loan repayment under this section, as well as all of the following:

AB40,572,13 (a) The health care provider must be a U.S. citizen.

AB40,572,15 (b) The health care provider may not have a judgment lien against his or her property for a debt to the United States.

AB40,572,16 (c) The health care provider must agree to do all of the following:

AB40,572,18 1. Accept medicare assignment as payment in full for services or articles provided.

AB40,572,21 2. Use a sliding fee scale or a comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the health care provider's services.

AB40,572,23 3. Practice at a public or private nonprofit entity in a health professional shortage area.

AB40,572,25 37.62 Rural health development council. The rural health development council created under s. 15.917 (1) shall do all of the following:

AB40,573,3 (1) Advise the board on matters related to the physician loan assistance program under s. 37.60 and the health care provider loan assistance program under s. 37.61.

AB40,573,6 (2) Advise the board on the amount, up to $25,000, to be repaid on behalf of each health care provider who participates in the health care provider loan assistance program under s. 37.61.

AB40, s. 1088 Section 1088. 38.04 (1m) (b) (intro.) of the statutes is amended to read:

AB40,573,10 38.04 (1m) (b) (intro.) The board, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the board:

AB40, s. 1089 Section 1089. 38.04 (4) (a) of the statutes is amended to read:

AB40,573,16 38.04 (4) (a) Except as provided in par. (ag), the The qualifications of educational personnel and the courses of study for each program offered in district schools shall be approved by the board. The board may charge the districts for the full costs associated with certification of educational personnel. Such certification expenses shall not be included in the district aidable cost.

AB40, s. 1090 Section 1090. 38.04 (4) (ag) of the statutes is repealed.

AB40, s. 1091 Section 1091. 38.04 (8) (a) of the statutes is amended to read:

AB40,573,20 38.04 (8) (a) In this subsection, "minority group member" has the meaning given in s. 560.036 490.04 (1) (f).

AB40, s. 1092 Section 1092. 38.04 (10m) (title) of the statutes is amended to read:

AB40,573,23 38.04 (10m) (title) Economic development assistance coordination and reporting.

AB40, s. 1093 Section 1093. 38.04 (10m) of the statutes is renumbered 38.04 (10m) (b) and amended to read:

AB40,574,8 38.04 (10m) (b) Annually, no later than October 1, the board shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (1m) (a), administered by the board. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The board shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

AB40, s. 1094 Section 1094. 38.04 (10m) (a) of the statutes is created to read:

AB40,574,11 38.04 (10m) (a) The board shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40, s. 1095 Section 1095. 38.16 (3) of the statutes is created to read:

AB40,574,13 38.16 (3) (a) In this subsection:

AB40,574,14 1. "Department" means the department of revenue.

AB40,574,16 2. "Excess levy" means the amount by which a district board's tax levy exceeds the limit under par. (b).

AB40,574,18 3. "Tax levy" excludes taxes levied for the purpose of paying principal and interest on valid bonds and notes.

AB40,574,20 (b) Notwithstanding sub. (1), a district board's tax levy in 2011 and in 2012 may not exceed the district board's tax levy in 2010.

AB40,574,22 (c) Except as provided in par. (d), if the board determines that a district board imposed an excess levy in 2011 or 2012, the board shall do all of the following:

AB40,574,25 1. Reduce the amount of state aid payments to the district board in the school year in which the district board imposed the excess levy by an amount equal to the amount of the excess levy.

AB40,575,2 2. Ensure that the amount of any reductions in state aid under subd. 1. lapses to the general fund.

AB40,575,4 3. Ensure that the amount of the excess levy is not included in determining the limit described under par. (b) for the district board for the following year.

AB40,575,8 4. Ensure that, if a district board's excess levy exceeds the amount of state aid that may be reduced under subd. 1., the excess amount is subtracted from state aid payments in the following years until the total amount of the excess levy is subtracted from the state aid payments.

AB40,575,12 (d) The department may issue a finding that a district board is not liable for a penalty that would otherwise be imposed under par. (c) if the department determines that the district board's excess levy is caused by one of the following clerical errors:

AB40,575,16 1. The department, through mistake or inadvertence, has assessed to any county or taxation district, in the current year or in the previous year, a greater or lesser valuation for any year than should have been assessed, causing the district board's levy to be erroneous in a way that directly causes an excess levy.