AB64: Bill Text

AB64,69 Section 69 . 15.945 of the statutes is repealed.

AB64,70 Section 70. 16.004 (15) (b) 1. of the statutes is amended to read:

AB64,66,11 16.004 (15) (b) 1. At its own discretion, the The department may provide legal services to any state agency that has a secretary who serves at the pleasure of the governor and shall assess the state agency for legal services provided by the division of legal services.

AB64,71 Section 71. 16.004 (15) (b) 2. of the statutes is repealed.

AB64,72 Section 72. 16.004 (16) of the statutes is created to read:

AB64,66,18 16.004 (16) Printing and mailing services. The department shall administer all printing and mailing services for each agency, as defined in s. 16.70 (1e), excluding the Board of Regents of the University of Wisconsin System. The secretary may grant an agency a partial or total exemption if the agency demonstrates to the satisfaction of the secretary that a valid business reason exists for the exemption.

AB64,73 Section 73. 16.004 (20) of the statutes is created to read:

AB64,66,21 16.004 (20) Shared services agencies. (a) In this subsection, “shared services agency” means any of the following:

AB64,66,23 1. A department created in subch. II of ch. 15 except the department of justice and the department of public instruction.

AB64,67,3 2. An independent agency created under subch. III of ch. 15 except the Board of Regents of the University of Wisconsin System and the technical college system board.

AB64,67,8 (b) The division of personnel management in the department shall administer for each shared services agency its responsibilities to provide human resources services and payroll and benefit services. The department may charge shared services agencies for services provided under this paragraph in accordance with a methodology determined by the department.

AB64,74 Section 74. 16.004 (23) of the statutes is created to read:

AB64,67,12 16.004 (23) State agency mailing, publishing, and printing. (a) In this subsection, “state agency” means any office, department, or independent agency in the executive branch of state government.

AB64,67,16 (b) The secretary may waive in whole or in part any statutory requirement for a state agency to mail, publish, or print any document, as defined in s. 990.09 (1) (a), if the secretary determines that the waiver will reduce spending while keeping information accessible to the public and protecting public health and welfare.

AB64,75 Section 75. 16.009 (1) (a) of the statutes is repealed.

AB64,76 Section 76. 16.009 (1) (ac) of the statutes is created to read:

AB64,67,21 16.009 (1) (ac) “Access” means the ability to have contact with a person or to obtain, examine, or retrieve information or data pertinent to the activities of the board with respect to a person.

AB64,77 Section 77. 16.009 (1) (ar) of the statutes is amended to read:

AB64,67,24 16.009 (1) (ar) “Client" means an individual who requests or is receiving services of the office, or a resident on whose behalf a request is made.

AB64,78 Section 78. 16.009 (1) (b) of the statutes is repealed.

AB64,79 Section 79. 16.009 (1) (br) of the statutes is created to read:

AB64,68,4 16.009 (1) (br) “Disclosure” means the release, the transfer, the provision of access to, or divulging in any manner of information outside the entity holding the information.

AB64,80 Section 80. 16.009 (1) (c) of the statutes is repealed.

AB64,81 Section 81. 16.009 (1) (cg) of the statutes is created to read:

AB64,68,10 16.009 (1) (cg) “Enrollee” means an enrollee, as defined in s. 46.2805 (3), an individual receiving services under the Family Care Partnership Program or the program of all-inclusive care for the elderly, or an individual receiving long-term care benefits as a veteran.

AB64,82 Section 82. 16.009 (1) (cm) of the statutes is created to read:

AB64,68,15 16.009 (1) (cm) “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 1396n (c).

AB64,83 Section 83. 16.009 (1) (cr) of the statutes is created to read:

AB64,68,18 16.009 (1) (cr) “Family care program” means the program under ss. 46.2805 to 46.2895 that provides the family care benefit, as defined in s. 46.2805 (4).

AB64,84 Section 84. 16.009 (1) (d) of the statutes is repealed.

AB64,85 Section 85. 16.009 (1) (e) of the statutes is repealed.

AB64,86 Section 86. 16.009 (1) (ef) of the statutes is created to read:

AB64,68,24 16.009 (1) (ef) “Immediate family member” means a member of a client's household or a relative of a client with whom the client has a close personal or significant financial relationship.

AB64,87 Section 87. 16.009 (1) (gr) of the statutes is amended to read:

AB64,69,4 16.009 (1) (gr) “Ombudsman" means the state long-term care ombudsman, as specified in sub. (4) (a), or any employee or volunteer who is a representative of the office and who is designated by the state long-term care ombudsman to fulfill the duties under this section, 42 USC 3058g, and 45 CFR 1324.

AB64,88 Section 88. 16.009 (1) (gv) of the statutes is created to read:

AB64,69,8 16.009 (1) (gv) “Program of all-inclusive care for the elderly” means in integrated health and long-term care program operated under 42 USC 1395eee or 1396u-4.

AB64,89 Section 89. 16.009 (1) (h) of the statutes is repealed.

AB64,90 Section 90 . 16.009 (1) (k) of the statutes is created to read:

AB64,69,12 16.009 (1) (k) “Self-directed services option” has the meaning given in s. 46.2899 (1).

AB64,91 Section 91 . 16.009 (2) (a) of the statutes is amended to read:

AB64,69,16 16.009 (2) (a) Appoint an executive director within the classified service who shall serve as the state long-term care ombudsman as specified under sub. (4) (a) and who shall employ staff within the classified service.

AB64,92 Section 92. 16.009 (2) (b) 1. of the statutes is amended to read:

AB64,69,24 16.009 (2) (b) 1. Investigate complaints from any person concerning improper conditions or treatment of aged or disabled persons who are 60 years of age or older and who receive long-term care in certified or licensed long-term care facilities or under programs administered by state or federal governmental agencies or concerning noncompliance with or improper administration of federal statutes or regulations or state statutes or rules related to long-term care for the aged or disabled persons who are 60 years of age or older.

AB64,93 Section 93. 16.009 (2) (b) 2. of the statutes is amended to read:

AB64,70,3 16.009 (2) (b) 2. Serve as mediator or advocate to resolve any problem or dispute relating to long-term care for the aged or disabled persons who are 60 years of age or older.

AB64,94 Section 94. 16.009 (2) (b) 3. of the statutes is created to read:

AB64,70,6 16.009 (2) (b) 3. Comply with the requirements of 42 USC 3058f to 3058h and 45 CFR 1321 and 1324.

AB64,95 Section 95. 16.009 (2) (d) of the statutes is amended to read:

AB64,70,10 16.009 (2) (d) Promote public education, planning , and voluntary acts to resolve problems and improve conditions involving long-term care for the aged or disabled persons who are 60 years of age or older.

AB64,96 Section 96. 16.009 (2) (e) of the statutes is amended to read:

AB64,70,15 16.009 (2) (e) Monitor, evaluate, and make recommendations concerning the development and implementation of federal, state, and local laws, regulations, rules, ordinances, and policies that relate to long-term care facilities and programs for the aged or disabled persons who are 60 years of age or older.

AB64,97 Section 97. 16.009 (2) (em) of the statutes is amended to read:

AB64,70,20 16.009 (2) (em) Monitor, evaluate, and make recommendations concerning long-term community support services received by clients of the long-term support community options program under s. 46.27, the family care program, the Family Care Partnership Program, and the program of all-inclusive care for the elderly.

AB64,98 Section 98. 16.009 (2) (f) of the statutes is amended to read:

AB64,71,4 16.009 (2) (f) As a result of information received while investigating complaints and resolving problems or disputes, publish material that assesses collect and publish materials that assess existing inadequacies in federal and state laws, regulations, and rules concerning long-term care for the aged or disabled persons who are 60 years of age or older. The board shall initiate legislation as a means of correcting collaborate with appropriate state agencies on efforts to resolve systemic concerns and shall recommend to the governor and the legislature legislation to remedy these inadequacies.

AB64,99 Section 99. 16.009 (2) (h) of the statutes is amended to read:

AB64,71,8 16.009 (2) (h) Conduct statewide hearings on issues of concern to aged or disabled persons who are 60 years of age or older and who are receiving or who may receive long-term care.

AB64,100 Section 100. 16.009 (2) (i) of the statutes is amended to read:

AB64,71,17 16.009 (2) (i) Report annually to the governor and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall set forth the scope of the programs for providing long-term care for the aged or disabled persons who are 60 years of age or older developed in the state, the findings regarding the state's activities in the field of long-term care for the aged and disabled persons who are 60 years of age or older, any recommendations for a more effective and efficient total program, and the actions taken by the agencies of the state to carry out the board's recommendations.

AB64,101 Section 101. 16.009 (2) (p) (intro.) of the statutes is amended to read:

AB64,72,7 16.009 (2) (p) (intro.) Employ staff within the classified service or contract with one or more organizations to provide advocacy services to potential or actual recipients enrollees of the family care benefit, as defined in s. 46.2805 (4), or their families or guardians program, the Family Care Partnership Program, or the program of all-inclusive care for the elderly or potential or actual recipients of the self-directed services option. The board and contract organizations under this paragraph shall assist these persons in protecting their rights under all applicable federal statutes and regulations and state statutes and rules. An organization with which the board contracts for these services may not be a provider, nor an affiliate of a provider, of long-term care services, a resource center under s. 46.283 or a care management organization under s. 46.284. For potential or actual recipients of the self-directed services option who are 60 years of age or older and for enrollees of the family care benefit program who are 60 years of age or older, advocacy services required under this paragraph shall include all of the following:

AB64,102 Section 102 . 16.009 (2) (p) 5. of the statutes is amended to read:

AB64,72,11 16.009 (2) (p) 5. Providing individual case advocacy services in administrative hearings and legal representation for judicial proceedings regarding self-directed services option or family care services or benefits.

AB64,103 Section 103. 16.009 (3) (intro.) of the statutes is amended to read:

AB64,72,13 16.009 (3) (intro.) The board may shall:

AB64,104 Section 104. 16.009 (3) (a) of the statutes is amended to read:

AB64,72,18 16.009 (3) (a) Contract with any state agency to carry Carry out the board's long-term care ombudsman activities, as described in 42 USC 3058g (a) (2) and 45 CFR 1321 and 1324, and the activities of the Medigap Helpline program as specified in sub. (2) (j).

AB64,105 Section 105. 16.009 (3) (bm) of the statutes is amended to read:

AB64,72,22 16.009 (3) (bm) Employ an attorney for provision of legal services in accordance with requirements of the long-term care ombudsman program under 42 USC 3027 (a) (12) and 42 USC 3058g (g), as specified in 45 CFR 1324.15 (j).

AB64,106 Section 106. 16.009 (4) (a) of the statutes is amended to read:

AB64,73,5 16.009 (4) (a) The board shall operate the office in order to carry out the requirements of the long-term care ombudsman program, as defined in 42 USC 3058g (a) (2), under 42 USC 3027 (a) (12) (A) and 42 USC 3058f to 3058h and in compliance with 42 CFR 1321 and 1324. The executive director of appointed by the board shall serve as the state long-term care ombudsman under the office. The executive director of the board may delegate operation of the office to the staff employed under sub. (2) (a), as designated representatives of the ombudsman.

AB64,107 Section 107. 16.009 (4) (b) (intro.) of the statutes is amended to read:

AB64,73,9 16.009 (4) (b) (intro.) The ombudsman or his or her designated representative may have the following access to clients, residents, enrollees, and long-term care facilities:

AB64,108 Section 108. 16.009 (4) (d) of the statutes is amended to read:

AB64,73,15 16.009 (4) (d) An ombudsman acting as specified under 45 CFR 1324.11 (e) (2) (vii) is not subject to the provisions of the federal privacy rule under 45 CFR 160.101 to 164.534. A long-term care facility or personnel of a long-term care facility that disclose information make a disclosure as authorized under this subsection are not liable for that disclosure.

AB64,109 Section 109. 16.009 (4) (e) (intro.) of the statutes is amended to read:

AB64,73,22 16.009 (4) (e) (intro.) Information A disclosure of information of the office relating to a client, complaints, or investigations under the program may be disclosed made only at the discretion of the ombudsman or his or her designated representative. The identity of A disclosure of information relating to a client or named witness or of a resident who is not a client may be revealed made under this paragraph only if one of the following conditions is met:

AB64,110 Section 110 . 16.009 (5) (a) 3. of the statutes is created to read:

AB64,74,2 16.009 (5) (a) 3. Willfully interfere with the actions of an ombudsman by acting or attempting to act to intentionally prevent, interfere with, or impede the ombudsman from performing any of the functions or responsibilities under this section.

AB64,111 Section 111. 16.047 of the statutes is created to read:

AB64,74,4 16.047 Volkswagen settlement funds. (1) Definitions. In this section:

AB64,74,5 (a) “Settlement funds” means moneys received by the state from the trustee.

AB64,74,7 (b) “Settlement guidelines” means the eligible mitigation actions established under the partial consent decree specified in par. (d), as approved by the trustee.

AB64,74,8 (c) “State agency” has the meaning given in s. 20.001 (1).

AB64,74,12 (d) “Trustee” means the trustee of the environmental mitigation trust required to be established under the partial consent decree entered on October 25, 2016, by the United States District Court for the Northern District of California, San Francisco Division, Case No: MDL No. 2672 CRB (JSC).

AB64,74,16 (2) Replacement of state vehicles. (a) From the appropriation under s. 20.855 (4) (h), the department may use settlement funds for the payment of all costs incurred in accordance with the settlement guidelines to replace vehicles in the state fleet.

AB64,74,18 (b) Any use of settlement funds under par. (a) shall take precedence over any distribution under sub. (4).

AB64,74,20 (c) The department may expend no more than $16,000,000 under par. (a) during the 2017-19 fiscal biennium.