2017 Wisconsin Act 59

59,9110 Section 9110. Nonstatutory provisions; District Attorneys.

59,9111 Section 9111. Nonstatutory provisions; Educational Approval Board.

(1p) Temporary attachment of educational approval board to department of safety and professional services.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the technical college system board primarily related to the functions of the educational approval board, as determined by the secretary of administration, become the assets and liabilities of the department of safety and professional services.

(b) Positions and employees.

1. On the effective date of this subdivision, all FTE positions, and the incumbent employees holding those positions, in the technical college system board performing duties primarily related to the functions of the educational approval board, as determined by the secretary of administration, are transferred to the department of safety and professional services.

2. Employees transferred under subdivision 1. have all the rights and the same status under chapter 230 of the statutes in the department of safety and professional services that they enjoyed in the technical college system board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under subdivision 1. who has attained permanent status in class is required to serve a probationary period.

(c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the technical college system board that is primarily related to the functions of the educational approval board, as determined by the secretary of administration, is transferred to the department of safety and professional services.

(d) Contracts. All contracts entered into by the technical college system board in effect on the effective date of this paragraph that are primarily related to the functions of the educational approval board, as determined by the secretary of administration, remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of safety and professional services to the extent allowed under the contract.

(e) Pending matters. Any matter pending with the technical college system board that is primarily related to the functions of the educational approval board, as determined by the secretary of administration, is transferred to the department of safety and professional services. All materials submitted to or actions taken by the technical college system board with respect to the pending matter are considered as having been submitted to or taken by the department of safety and professional services.

(1q) Elimination of educational approval board and transfer of functions.

(a) Definition. In this subsection, “board” means the educational approval board.

(b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the board become the assets and liabilities of the department of safety and professional services.

(bm) Positions and employees.

1. On the effective date of this subdivision, all FTE positions , and the incumbent employees holding those positions, in the board are transferred to the department of safety and professional services.

2. Employees transferred under subdivision 1. have all the rights and the same status under chapter 230 of the statutes in the department of safety and professional services that they enjoyed in the board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under subdivision 1. who has attained permanent status in class is required to serve a probationary period.

(c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the board is transferred to the department of safety and professional services.

(d) Contracts. All contracts entered into by the board in effect on the effective date of this paragraph remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under those contracts unless modified or rescinded by the department to the extent allowed under the contract.

(e) Rules and orders.

1. All rules promulgated by the board in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services.

2. All orders issued by the board in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

(f) Pending matters. Any matter pending with the board on the effective date of this paragraph is transferred to the department of safety and professional services. All materials submitted to or actions taken by the board are considered as having been submitted to or taken by the department of safety and professional services.

59,9112 Section 9112. Nonstatutory provisions; Educational Communications Board.

59,9113 Section 9113. Nonstatutory provisions; Elections Commission.

(1) Depletion of federal Help America Vote Act funding for eligible election administration costs. During fiscal year 2018-19, the elections commission shall spend all available funds in the appropriation account under section 20.510 (1) (x) of the statutes prior to spending any funds appropriated to the elections commission under section 20.510 (1) (a) of the statutes for the purpose of replacing election administration funding received from the federal government under the federal Help America Vote Act, Public Law 107-252. The elections commission may spend moneys appropriated under section 20.510 (1) (x) of the statutes only on election administration costs permissible under the federal Help America Vote Act, Public Law 107-252.

59,9114 Section 9114. Nonstatutory provisions; Employee Trust Funds.

(1c) Consumer-driven health plan educational campaign.

(a) The department of employee trust funds shall develop a plan to conduct a consumer-driven health plan educational campaign before and during the annual enrollment period under the state health insurance plan for the 2019 calendar year. The educational campaign shall provide all of the following information:

1. The advantages of high-deductible health plans and health savings accounts.

2. Examples of individuals or families that may benefit from high-deductible health plans and health savings accounts.

3. Any consumer-driven health plan design changes or initiatives approved by the group insurance board for implementation by the department of employee trust funds.

(b) No later than January 1, 2018, the department of employee trust funds shall submit the plan developed under paragraph (a), along with a request for any funding needed to conduct the educational campaign described under paragraph (a), to the joint committee on finance under section 13.10 of the statutes. The department of employee trust funds may not conduct the educational campaign unless the committee approves the plan.

(1t) Group insurance board plan for state program reserves.

(a) No later than March 1, 2018, the group insurance board shall submit to the joint committee on finance for review a plan that includes all of the following:

1. The amount of state program reserves as of December 31, 2017.

2. The amount of state program reserves that will be used during calendar year 2018 to reduce state program costs.

3. A projection of 2018 year-end state program reserves prepared by the group insurance board's consulting actuary.

4. The group insurance board's planned utilization of state program reserves in calendar year 2019.

(b) If, within 21 working days after the date on which the group insurance board submitted the plan described under paragraph (a), the cochairpersons of the joint committee on finance do not notify the group insurance board that the joint committee on finance has scheduled a meeting for the purpose of reviewing the plan, the group insurance board may implement the plan. If, within 21 working days after the date on which the group insurance board submitted the plan, the cochairpersons of the joint committee on finance notify the group insurance board that the joint committee on finance has scheduled a meeting for the purpose of reviewing the plan, the group insurance board may implement the plan only upon approval of the joint committee on finance.

(2p) Group insurance board; group health program reserves.

(a) During the 2017-19 fiscal biennium, the group insurance board shall use $68,800,000 of the state group health program reserves established under section 40.03 (6) of the statutes to reduce state group health program costs.

(b) During the 2017-19 fiscal biennium, the group insurance board shall review its policies related to maintaining reserves for fully insured health plans. In conducting this review, the group insurance board shall review at least all of the following:

1. The history of changes in the participation of fully insured health plans in the group health insurance program.

2. The number of members affected by the discontinuation of fully insured health plans from year to year.

3. The dollar amount of claims or premiums associated with members that are affected by the discontinuation of fully insured health plans from year to year.

(2w) State employee group health program savings. The group insurance board shall attempt to ensure that state employee group health program costs, paid from general purpose revenues, are reduced by $63,900,000 during the 2017-19 fiscal biennium. The reductions shall be achieved through a combination of the following:

(a) Savings resulting from negotiations with insurers who provide health care coverage to state employees.

(b) Utilization of state group health program reserves.

(c) Increased use of tiers under section 40.51 (6) of the statutes for state employee health insurance premium costs.

(d) Additional utilization of state group health program reserves during 2018 and 2019 if the group insurance board revises its reserve policy.

(e) Health care plan design changes, with a focus on consumer-driven health care, provided that the changes do not increase total employee premium costs under the lowest tier plans under section 40.51 (6) of the statutes by more than 10 percent during 2018 and 2019. The costs include health insurance premiums, co-pays, deductibles, coinsurance, and out-of-pocket expenditures.

(f) Any other state employee health program or health care plan changes, provided that they do not increase total employee health insurance premium costs under the lowest tier plans under section 40.51 (6) of the statutes by more than 10 percent during 2018 and 2019. The costs include health insurance premiums, co-pays, deductibles, coinsurance, and out-of-pocket expenditures.

59,9115 Section 9115. Nonstatutory provisions; Employment Relations Commission.

(1) Elimination of offices of commissioner. On the effective date of this subsection, the 3 offices of commissioner at the Employment Relations Commission are eliminated.

59,9116 Section 9116. Nonstatutory provisions; Ethics Commission.

59,9117 Section 9117. Nonstatutory provisions; Financial Institutions.

59,9118 Section 9118. Nonstatutory provisions; Governor.

59,9119 Section 9119. Nonstatutory provisions; Health and Educational Facilities Authority.

59,9120 Section 9120. Nonstatutory provisions; Health Services.

(1) Emergency rules on youth crisis stabilization facilities. The department of health services may promulgate emergency rules under section 227.24 of the statutes implementing certification of youth crisis stabilization facilities under section 51.042 of the statutes. Notwithstanding section 227.24 (1) (a) 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2019, or the date on which permanent rules take effect, whichever is sooner.

(1b) Supplement for youth crisis stabilization facilities. During the 2017-19 fiscal biennium, the department of health services may submit one or more requests to the joint committee on finance under section 13.10 of the statutes to supplement the appropriation under section 20.435 (5) (kd) of the statutes in a total of no more than $1,245,500 from the appropriation account under section 20.435 (2) (gk) of the statutes for the purpose of providing one or more grants to a youth crisis stabilization facility under section 51.042 of the statutes. In a submission under this subsection, the department of health services shall describe its plan for distributing grant moneys, including the conditions the department would specify for the expenditure of grant moneys and the criteria the department proposes to use for selecting grantees. The department of health services may not issue a request for proposals to award grants to a youth crisis stabilization facility until the joint committee on finance approves or modifies and approves the department's plan under this subsection.

(1c) Youth crisis stabilization facility funding proposal. The department of health services shall include in its 2019-21 biennial budget request a proposal for funding grants to youth crisis stabilization facilities under section 51.042 of the statutes with general fund moneys.

(1g) Peer-run respite center for veterans. The department of health services shall include in its 2019-21 biennial budget request a proposal to provide ongoing general purpose revenue funding for a peer-run respite center that provides services to veterans.

(1t) Grace period for county reports. Notwithstanding sections 51.61 (1) (z) and 980.08 (4) (dm) 4. of the statutes, beginning on the effective date of this subsection and ending on the first day of the 13th month beginning after the effective date of this subsection, the county shall submit a report required under section 980.08 (4) (dm) of the statutes to the department of health services within 180 days, rather than 120 days, following the court order or be subject to action as provided in sections 51.61 (1) (z) and 980.08 (4) (dm) 4. of the statutes.

(2) FoodShare employment and training program requirement pilot program.

(a) The department of health services may implement a requirement for able-bodied adults to participate in the food stamp program's employment and training program under section 49.79 (9) of the statutes in no more than 2 vendor regions of the food stamp program's employment and training program beginning in April 2019 . The department may not impose the pilot program requirement under this paragraph after June 30, 2020.

(b) The department of health services shall evaluate the pilot program under paragraph (a) and, depending on the department's findings, submit a proposal for statewide expansion of the requirement to participate in the food stamp program's employment and training program in its 2021-23 biennial budget.

(c) During the 2017-19 fiscal biennium, the department of health services shall submit a detailed implementation plan for the pilot program under paragraph (a) and may submit one or more requests to the joint committee on finance under section 13.10 of the statutes to supplement the appropriations under section 20.435 (4) (a), (bm), (bn), and (bp) of the statutes from the appropriation under section 20.865 (4) (a) of the statutes for the purpose of implementing the pilot program under paragraph (a). The department of health services may only use moneys for the pilot program under paragraph (a) of the statutes if the joint committee on finance approves the request under this paragraph. Notwithstanding section 13.101 (3) of the statutes, the joint committee on finance is not required to find that an emergency exists before making a supplementation under this paragraph.

(2p) Supplement for FoodShare child support and paternity compliance. During the 2017-19 fiscal biennium, the department of health services or the department of children and families may submit one or more requests to the joint committee on finance to supplement the appropriations under section 20.435 (4) (a), (bm), and (bn) or 20.437 (2) (a) of the statutes from the appropriation under section 20.865 (4) (a) of the statutes for the purpose of implementing child support and paternity compliance for the food stamp program under section 49.79 (6m), (6q), or (6t) of the statutes, subject to section 49.79 (6u) of the statutes. If, within 14 days after the date of a department's submittal, the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting to review the request, the supplement is considered approved. If the cochairpersons notify the department that the committee has scheduled a meeting to review the request, the supplement may be made only upon the 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 before making a supplementation under this subsection.

(2s) FoodShare employment and training program outcomes report. By February 1, 2018, the department of health services shall provide to the joint committee on finance an outcome report on the food stamp program's employment and training program under section 49.79 (9) of the statutes. The report shall include any proposed program improvements and contract modifications necessary based on the reported outcomes.

(3t) Rate-based service contracts. If on the effective date of this subsection, the amount accumulated by a provider, as defined in section 46.036 (5m) (a) 1. of the statutes, from all contract periods ending before that date for all rate-based services, as defined in section 46.036 (5m) (a) 2. of the statutes, provided by the provider exceeds 10 percent of the provider's total contract amount for all rate-based services in the year before the effective date of this subsection, the provider shall provide written notice of that excess to all purchasers of that rate-based service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. If the department of health services under section 46.036 (5m) of the statutes determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department of health services may seek to recover funds after the 6-month period has expired. The department of health services shall commence any audit or fiscal review under this subsection within 6 years after the end of the contract period.

(4g) Physical medicine pilot program.

(a) Definitions. In this subsection:

1. “Department” means the department of health services.

2. “Medical Assistance program” means the program under subchapter IV of chapter 49 of the statutes.

3. “Physical medicine” means rehabilitation techniques that aim to enhance and restore functional ability and quality of life to persons with physical impairments, injuries, or disabilities.

(b) Study. The department shall study best practices for physical medicine and the impact the use of physical medicine has on the use and frequency of use of prescription and over-the-counter drugs and shall develop a proposal for a physical medicine pilot program to minimize prescription of addictive drugs for individuals who receive benefits under the Medical Assistance program by using chiropractic and physical and occupational therapy services that are reimbursed under the Medical Assistance program. In completing the study and developing the proposal under this paragraph, the department shall solicit input from persons that are interested in physical medicine, including those interested in chiropractic care and physical therapy.

(c) Report. No later than April 1, 2018, the department shall submit a report of the study and the proposal for the pilot program under paragraph (b) to the legislature under section 13.172 (2) of the statutes. The department may not implement the pilot program under paragraph (b) unless the legislature directs or explicitly authorizes the department to implement the pilot program.

(4j) Ambulatory surgical center reimbursement rates under Medical Assistance program. The department of health services shall consult with ambulatory surgical centers to develop a plan to increase reimbursement rates for ambulatory surgical centers for services provided to recipients of Medical Assistance under subchapter IV of chapter 49 of the statutes. During the 2017-19 fiscal biennium, the department of health services may submit one or more requests to the joint committee on finance to supplement the appropriation under section 20.435 (4) (b) of the statutes in a total of no more than $2,500,000 from the appropriation under section 20.865 (4) (a) of the statutes for the purpose of increasing reimbursement rates under the Medical Assistance program for ambulatory surgical centers in accordance with the plan established under this subsection. If, within 14 days after the date of the department's submittal, the cochairpersons of the committee do not notify the department of health services that the committee has scheduled a meeting to review the request, the supplement is considered approved. If the cochairpersons notify the department of health services that the committee has scheduled a meeting to review the request, the supplement may be made only upon the 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 before making a supplementation under this subsection.

(4k) Family Care Partnership program. By December 31, 2017, the department of health services shall submit a request for a waiver of federal Medicaid law to the federal department of health and human services to expand the Family Care Partnership program, as described in section 49.496 (1) (bk) 3. of the statutes, statewide. If the federal department of health and human services approves the request, the department of health services shall, within 60 days of receiving notice of the approval, submit a plan for expansion of the Family Care Partnership program following the guidelines in the waiver to the joint committee on finance for approval. The department of health services may expand the Family Care Partnership program only as approved by the joint committee on finance. If the federal department of health and human services disapproves the request, the department of health services shall submit a report to the joint committee on finance describing the reasons the request was disapproved.

(5b) Nursing home bed licenses.

(a) In this subsection, “nursing home" has the meaning given in section 50.01 (3) of the statutes.

(b) Notwithstanding sections 150.33, 150.35, and 150.39 of the statutes, from the nursing home beds that are available under section 150.31 of the statutes, the department of health services shall, following submission of the application under paragraph (c), redistribute 18 beds to a nursing home that satisfies all of the following:

1. On the effective date of this subdivision, it has a licensed bed capacity of no more than 30.

2. On the effective date of this subdivision, it is located in a county that has a population of at least 27,000, with the population of the county seat of no more than 9,200, and that is adjacent to a county with a population of at least 20,000.

3. It has requested the increase in the number of its licensed beds through a notice to the department of health services that includes its per diem operating and capital rates.

(c) The department of health services shall approve an application from a nursing home that meets the qualifications under paragraph (b) within 30 days after the department of health services receives the application.

(d) The department of health services shall develop a policy that specifies procedures for applying for, and receiving approval of, the transfer of available, licensed nursing home beds. The department of health services shall submit a report on the resulting policy to the joint committee on finance no later than July 1, 2018.

(5f) Emergency physician services and reimbursement workgroup.