SB21: Bill Text

SB21,1757,14 (3) Transfer of body art and tanning facility regulation functions to the department of financial institutions and professional standards.

SB21,1757,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., become the assets and liabilities of the department of financial institutions and professional standards.

SB21,1757,25 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards.

SB21,1758,9 (c) Pending matters. Any matter pending with the department of health services that is primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., on the effective date of this paragraph is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., are considered as having been submitted to or taken by the department of financial institutions and professional standards.

SB21,1758,17 (d) Contracts. All contracts entered into by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., in effect on the effective date of this paragraph remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

SB21,1759,4 (e) Rules and orders. All rules in chapters DHS 161 and DHS 173, Wisconsin Administrative Code, and any other rules promulgated by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., 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 financial institutions and professional standards. All orders issued by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., 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 financial institutions and professional standards.

SB21,1759,8 (f) Credential fees. Notwithstanding sections 463.10 (3), 463.12 (3), and 463.25 (2) (b) of the statutes, fees for the issuance and renewal of licenses and permits issued under sections 463.10, 463.12, and 463.25 of the statutes shall, for years 2015 and 2016, be according to the rules described under paragraph (e).

SB21,1759,13 (4) Prescription drug assistance for elderly eligibility. Notwithstanding section 49.688 (2) of the statutes, as affected by this act, a person who is participating in the program under section 49.688 of the statutes on the effective date of this subsection is not required to comply with section 49.688 (2) (a) 6. of the statutes, as created by this act, before January 1, 2016.

SB21,1759,20 (5) Requirements for FoodShare employment and training program drug screening. If, during the 2015-17 fiscal biennium, the secretary of the federal department of agriculture approves the waiver requested under section 49.79 (9) (d) 1. of the statutes, as created by this act, the department of health services shall address, in the department's biennial budget request under section 16.42 of the statutes for the 2017-19 fiscal biennium, any future fiscal impact resulting from actions taken under section 49.79 (9) (d) 2. of the statutes, as created by this act.

SB21,1760,2 (6) Requirements for assistance for childless adults demonstration project. If, during the 2015-17 fiscal biennium, the secretary of the federal department of health and human services approves, in whole or in part, the amendment to the waiver under section 49.45 (23) (a) of the statutes that is requested under section 49.45 (23) (g) 1. of the statutes, as created by this act, the department of health services shall do all of the following:

SB21,1760,7 (a) Identify, in its quarterly report to the joint committee on finance under section 49.45 (2n) of the statutes, any costs incurred or savings realized in the 2015-17 fiscal biennium as a result of actions taken under section 49.45 (23) (g) 1. a. to e. of the statutes, as created by this act, as approved by the secretary of the federal department of health and human services.

SB21,1760,12 (b) Address, in the department's biennial budget request under section 16.42 of the statutes for the 2017-19 fiscal biennium, any future fiscal impact resulting from actions taken under section 49.45 (23) (g) 1. a. to e. of the statutes, as created by this act, as approved by the secretary of the federal department of health and human services.

SB21,1760,16 (7) Mental health crisis services grants. From the appropriation account under section 20.435 (2) (gk) of the statutes, the department of health services shall award a total of $1,500,000 in fiscal year 2015-16 as onetime grants to counties for mental health crisis services.

SB21,1760,17 (8) Disproportionate share hospital payments.

SB21,1760,24 (a) Subject to paragraph (c) and notwithstanding section 49.45 (3) (e) of the statutes, from the appropriation accounts in section 20.435 (4) (b) and (o) of the statutes, the department of health services shall pay to hospitals that serve a disproportionate share of low-income patients a total of $35,910,900 in fiscal year 2015-16 and $35,842,300 in fiscal year 2016-17. The department of health services may make a payment to a hospital under this subsection under the calculation method described in paragraph (b ) if the hospital meets all of the following criteria:

SB21,1760,25 1. The hospital is located in this state.

SB21,1761,2 2. The hospital provides a wide array of services, including services provided through an emergency department.

SB21,1761,5 3. The inpatient days for Medical Assistance recipients at the hospital was at least 6 percent of the total inpatient days at that hospital during the most recent year for which such information is available.

SB21,1761,8 4. The hospital meets applicable, minimum requirements to be a disproportionate share hospital under 42 USC 1396r-4 and any other applicable federal law.

SB21,1761,10 (b) The department of health services shall comply with all of the following when making payments to hospitals described in paragraph (a):

SB21,1761,13 1. The department of health services shall distribute the total amount of moneys described under paragraph (a ) to be paid to hospitals with a disproportionate share of low-income patients by doing all of the following:

SB21,1761,16 a. Dividing the number of Medical Assistance recipient inpatient days at a hospital by the number of total inpatient days at the hospital to obtain the percentage of Medical Assistance recipient inpatient days at that hospital.

SB21,1761,21 b. Subject to subdivisions 2. and 3 ., providing an increase to the inpatient fee-for-service base rate for each hospital that qualifies for a disproportionate share hospital payment such that the hospital's overall fee-for-service add-on percentage under this subsection increases as the hospital's percentage of Medical Assistance recipient inpatient days increases.

SB21,1761,25 2. The department of health services shall set the addition to the supplemental funding at a level that ensures the total amount of moneys available to pay hospitals with a disproportionate share of low-income patients is distributed in each fiscal year.

SB21,1762,3 3. The department of health services shall limit the maximum payment to hospitals such that at least one of the following is true for disproportionate share hospital payments under this subsection in a fiscal year:

SB21,1762,4 a. No single hospital receives more than $2,500,000.

SB21,1762,6 b. The amount of payment is in accordance with federal rules concerning the hospital specific limit.

SB21,1762,11 (c) If the department of health services needs data to calculate the payments under this subsection other than the data available from the Medicaid Management Information System, the fiscal survey data, or the federal centers for Medicare and Medicaid services public records, the department of health services shall collect the necessary data from hospitals.

SB21,1763,7 (d) The department of health services shall seek any necessary approval from the federal department of health and human services to implement the hospital payment methodology described under paragraphs (a ) and (b). If approval is necessary and approval from the federal department of health and human services is received, the department of health services shall implement the payment methodology described under paragraphs (a ) and (b). If approval is necessary and the department of health services and the federal department of health and human services negotiate a methodology for making payments to hospitals with a disproportionate share of low-income patients that is different from the methodology described under paragraphs (a ) and (b), the department of health services, before implementing the negotiated payment methodology, shall submit to the joint committee on finance the negotiated payment methodology. If the cochairpersons of the committee do not notify the department of health services within 14 working days after the date of the submittal by the department of health services that the committee has scheduled a meeting for the purpose of reviewing the negotiated payment methodology, the department of health services may implement the negotiated payment methodology. If, within 14 working days after the date of the submittal by the department of health services, the cochairpersons of the committee notify the department of health services that the committee has scheduled a meeting for the purpose of reviewing the negotiated payment methodology, the negotiated payment methodology may be implemented only on approval of the committee.

SB21,1763,8 (9) Changes to family care program.

SB21,1763,9 (a) Definitions. In this subsection:

SB21,1763,10 1. "Department" means the department of health services.

SB21,1763,13 2. "Family Care Partnership Program" means an integrated health and long-term care program operated under an amendment to the state Medical Assistance plan under 42 USC 1396u-2 and a waiver under 42 USC 4396n (c).

SB21,1763,16 3. "Family care program" means the program under sections 46.2805 to 46.2895 of the statutes that provides the family care benefit as defined in section 46.2805 (4) of the statutes.

SB21,1763,18 4. "Program of all-inclusive care for the elderly" means an integrated health and long-term care program operated under 42 USC 1395eee or 1396u-4.

SB21,1763,23 (b) Waiver request; generally. The department shall request any approval from and shall submit any amendments or waiver requests to the federal department of health and human services that are necessary to implement changes to the family care program, the program of all-inclusive care for the elderly, or the Family Care Partnership Program, including all of the following:

SB21,1764,2 1. Administration by care management organizations of the family care program statewide instead of by geographic region, unless the department allows the care management organization a waiver to administer the family care benefit in a specific geographic region.

SB21,1764,4 2. Addition of any primary and acute health care services selected by the department as a benefit under the family care program.

SB21,1764,7 3. Selection under section 46.284 (2) (bm) of the statutes as a care management organization of any applicant that the department certifies meets the qualifications instead of using the competitive procurement process.

SB21,1764,10 4. Requirement under section 46.286 (3g) of the statutes that an enrollee change care management organizations only during an open enrollment period specified by the department.

SB21,1764,12 5. Prevention of the creation of new long-term care districts and dissolution of existing long-term care districts under section 46.2895 of the statutes.

SB21,1764,14 6. Elimination of the insurance requirements for care management organizations under chapter 648 of the statutes.

SB21,1764,23 (c) Family care in all counties. The department shall request any approval or submit any waiver request necessary to the federal department of health and human services to administer the family care program in every county in the state. If the federal department of health and human services does not disapprove the request, the department shall ensure that the family care program is available to eligible residents of every county in the state by January 1, 2017, or by a date specified by the department, whichever is later. If the department specifies a later date than January 1, 2017, it shall submit a notice of that date to the legislative reference bureau for publication in the Wisconsin Administrative Register.

SB21,1765,3 (d) Waiver request not approved; saving provision. If the federal department of health and human services does not approve of any request or submission of waiver request under paragraph (b ) or (c) the department may administer that portion of the family care program under the applicable provision of sections 46.2805 to 46.2895, 2013 stats.

SB21,1765,10 (e) Other long-term care programs discontinued. If the federal department of health and human services does not disapprove the request to administer the family care program in every county in the state, the department may elect to discontinue enrollment of participants in or administration of any of the programs under sections 46.271, 46.275, 46.277, 46.278, or 46.2785 of the statutes at any time determined by the department that is after the date that the family care program is available to eligible residents of every county in the state under paragraph (c).

SB21,1765,17 (10) Merger of divisions into Medicaid services division. Before March 31, 2016, the department of health services shall submit to the state budget office in the department of administration a report of the final organization of the merger of the division of the department of health services relating to long-term care and the division of the department of health services relating to health care access and accountability into a single division of the department of health services relating to Medicaid services.

SB21,9119 Section 9119. Nonstatutory provisions; Higher Educational Aids Board.

SB21,9120 Section 9120. Nonstatutory provisions; Historical Society.

SB21,9121 Section 9121. Nonstatutory provisions; Housing and Economic Development Authority.

SB21,9122 Section 9122. Nonstatutory provisions; Insurance.

SB21,9123 Section 9123. Nonstatutory provisions; Investment Board.

SB21,9124 Section 9124. Nonstatutory provisions; Joint Committee on Finance.

SB21,9125 Section 9125. Nonstatutory provisions; Judicial Commission.

SB21,9126 Section 9126. Nonstatutory provisions; Justice.

SB21,9127 Section 9127. Nonstatutory provisions; Legislature.

SB21,9128 Section 9128. Nonstatutory provisions; Lieutenant Governor.

SB21,9129 Section 9129. Nonstatutory provisions; Local Government.

SB21,1766,10 (1) Crime prevention funding board. Upon the creation of a crime prevention funding board, the initial members of the board specified under section 59.54 (28) (c) of the statutes shall declare that they are serving on the board, or appoint their designees, not later than the first day of the 4th month beginning after a board is created.

SB21,1766,11 (2) Local sports and entertainment district.

SB21,1766,16 (a) Appointment of district board members. Not later than 90 days after the effective date of this paragraph, the governor shall notify the senate of his or her initial appointments to the district board under section 229.859 of the statutes, as created by this act, and not later than 30 days after the governor notifies the senate of the appointments, the senate shall confirm or reject the governor's appointees.

SB21,1766,19 (b) Staggering of terms. Notwithstanding the 7-year terms specified under section 229.859 of the statutes, as created by this act, the initial appointees of the governor under paragraph (a) shall have terms that expire as follows:

SB21,1766,21 1. The terms of 3 members, as determined by the governor, shall expire on July 1, 2020.

SB21,1766,23 2. The terms of 3 members, as determined by the governor, shall expire on July 1, 2021.

SB21,1766,25 3. The terms of 3 members, as determined by the governor, shall expire on July 1, 2022.

SB21,9130 Section 9130. Nonstatutory provisions; Medical College of Wisconsin.

SB21,9131 Section 9131. Nonstatutory provisions; Military Affairs.

SB21,9132 Section 9132. Nonstatutory provisions; Natural Resources.

SB21,1767,11 (1) Relocation of division of forestry headquarters. The department of natural resources shall develop a plan to move the headquarters of the division of forestry from the city of Madison to a northern location in this state. In the plan, the department of natural resources shall provide in detail the costs of relocating the headquarters, a timeline for implementing the relocation, and a list of options for northern locations in this state. The department of natural resources shall complete the plan in time for the plan to be included in the department of natural resources' 2017-19 biennial budget request.

SB21,1767,16 (2) Natural resources council. The individuals who are members of the natural resources board on the day before the effective date of this subsection are the initial members of the natural resources council. An initial member shall serve for a term on the council ending on July 1 of the year in which his or her term on the board would have expired.

SB21,1767,23 (3) Petroleum storage remedial action program revenue obligation retirement. If moneys lapse from the appropriation under section 20.370 (6) (fr) of the statutes at the end of fiscal year 2017, the secretary of administration shall ensure that an amount equal to the amount of the lapse is expended from the appropriation under section 20.370 (7) (dr) of the statutes, no later than December 31, 2017, to pay outstanding principal on variable rate obligations issued under section 292.63 (9m) of the statutes.

SB21,9133 Section 9133. Nonstatutory provisions; Public Defender Board

SB21,1768,5 (1) State public defender Conflicts Office. The state public defender shall establish and administer, as a 2-year pilot program beginning on the effective date of this subsection, a conflicts office to represent clients in conflict of interest cases in Milwaukee County, Waukesha County, and Racine County. The state public defender shall administer the conflicts office within Milwaukee County.

SB21,9134 Section 9134. Nonstatutory provisions; Public Instruction.

SB21,1768,10 (1) Charter school oversight board. Notwithstanding section 15.375 (1) of the statutes, as created by this act, the initial members appointed to the charter school oversight board under section 15.375 (1) (a) of the statutes, as created by this act, shall be appointed as follows:

SB21,1768,13 (a) One member under section 15.375 (1) (a) 1. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2018, and one member shall be appointed for a term expiring on May 1, 2019.

SB21,1768,16 (b) One member under section 15.375 (1) (a) 2. a. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2017, and one member shall be appointed for a term expiring on May 1, 2019.

SB21,1768,18 (c) The member under section 15.375 (1) (a) 2. b. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2018.

SB21,1768,21 (d) One member under section 15.375 (1) (a) 2. c. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2017, and one member shall be appointed for a term expiring on May 1, 2019.

SB21,1768,23 (e) The member under section 15.375 (1) (a) 2. d. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2020.

SB21,1769,3 (f) One member under section 15.375 (1) (a) 3. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2018, and one member shall be appointed for a term expiring on May 1, 2020.

SB21,1769,8 (2) Optional participation in cooperative educational service agencies. Notwithstanding section 116.065 (2) of the statutes, if a school board adopts a resolution to withdraw from a cooperative education service agency under section 116.065 (1) of the statutes, as affected by this act, by no later than 30 days after the effective date of this subsection, the resolution is effective July 1, 2015.

SB21,1769,16 (3) Enrollment in the statewide parental choice program in the 2015-16 school year. Neither the department of public instruction nor a participating private school may require a pupil who was awarded a slot in a participating private school under section 118.60 (3) (ar) of the statutes for the 2015-16 school year or was placed on a waiting list for a slot at a participating private school under section 118.60 (3) (ar) of the statutes for the 2015-16 school year to reapply to attend the private school in the 2015-16 school year under the parental choice program under section 118.60 of the statutes, as affected by this act.

SB21,1769,24 (4) September 2015 payment for incoming choice pupils in the Racine and statewide parental choice programs. The department of public instruction shall base the portion of the September payment under section 118.60 (4) (c) 1. of the statutes made for the 2015-16 school year that is for an incoming choice pupil under section 118.60 (4) (bk) of the statutes, as created by this act, on the amount the department estimates will be paid under section 118.60 (4) (bk) 2. of the statutes, as created by this act, in the 2015-16 school year using the most accurate data available.

SB21,1770,5 (5) Per pupil aid. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2017-19 biennial budget bill, the department of public instruction shall submit information concerning the appropriation under section 20.255 (2) (aq) of the statutes as though the amount of that appropriation for fiscal year 2016-17 was zero.

SB21,9135 Section 9135. Nonstatutory provisions; Public Lands, Board of Commissioners of.

SB21,9136 Section 9136. Nonstatutory provisions; Public Service Commission.

SB21,1770,16 (1) Wind energy health study. From the appropriation account under section 20.155 (1) (g) of the statutes for the 2015-16 fiscal year, the public service commission shall allocate no more than $250,000 to study health issues related to wind energy systems, as defined in section 66.0403 (1) (m) of the statutes. The study may consider, but not replicate, the surveys made by the wind siting council under section 196.378 (4g) (e) of the statutes. No later than the first day of the 13th month beginning after the effective date of this subsection, the commission shall submit a report on the study to the governor and to the legislature in the manner provided under section 13.172 (3) of the statutes.

SB21,9137 Section 9137. Nonstatutory provisions; Revenue.

SB21,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.