AB68: Bill Text

AB68,1785,13 (9) Statewide minimum rate band for home and community-based long-term care supports.

AB68,1785,16 (a) The department of health services shall develop a statewide minimum rate band for home and community-based long-term care supports to establish equitable and sustainable minimum rates.

AB68,1785,18 (b) The department of health services shall include in its 2023-25 budget request a proposal to implement the rate band developed under par. (a).

AB68,1786,18 (10) Option to purchase publicly administered coverage. During the 2021-23 fiscal biennium, the department of health services, the office of the commissioner of insurance, or the department of health services in consultation with the office of the commissioner of insurance shall conduct an analysis and actuarial study of the creation of an option for individuals to purchase health coverage that is publicly provided or administered. The analysis under this subsection shall incorporate input from a variety of persons and entities, including consumers, that have an interest in health insurance and health coverage, including Medical Assistance program coverage, and an analysis of any other health care affordability initiatives. If the department of health services or the office of the commissioner of insurance determines that the option to purchase public coverage or any other health care affordability initiatives are feasible, the department or office may submit to the federal government any requests for a waiver of federal law or other federal approval necessary to implement the public coverage option or any other health care affordability initiatives. If the department of health services or office of the commissioner of insurance obtains the necessary federal approval or determines that no federal approval is necessary and if the department or office continues to determine that the option to purchase public coverage or any other health care affordability initiative is feasible, the department or office shall implement the option to purchase public coverage or other health care affordability initiative by January 1, 2025, or earlier if possible, except that if the commissioner of insurance determines the provisions of title I of the federal Patient Protection and Affordable Care Act, P.L. 111-148, are no longer enforceable, the department or office shall implement the public option or other affordability initiatives by January 1, 2022, or as soon as possible.

AB68,1787,2 (11) Medical Assistance reimbursement for direct care. From the increase in reimbursement paid by the department of health services under the Medical Assistance program to nursing facilities and to intermediate care facilities for persons with an intellectual disability, increase by $15,000,000 as the state share of payments, plus the matching federal share of payments, in fiscal year 2021-22 and by $15,000,000 as the state share of payments, plus the matching federal share of payments, in fiscal year 2022-23 payments to support the staff in those facilities who perform direct care to residents.

AB68,1787,9 (12) Home care provider registry. The department of health services shall conduct a one-year pilot program to create a home care provider registry that supports home and community-based long-term care support programs, clients that pay for home care privately, independent care workers, and vendors of the care service industry. The department of health services shall use a software platform for the registry and shall select a vendor for the software platform using its competitive request-for-proposals procedures.

AB68,1787,14 (13) Initial training for guardians. The grantee selected under s. 46.977 to administer and conduct training shall, no later than one year after the effective date of this subsection and in coordination with the department of health services, develop the content for the initial training to be provided to guardians under s. 54.26 and implement the program.

AB68,1787,20 (14) Surgical quality improvement grant. From the appropriation under s. 20.435 (1) (b), the department of health services may award a onetime grant of $335,000 in fiscal year 2021-22 to support surgical quality improvement activities. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of health services may transfer moneys appropriated for the purpose described under this subsection from fiscal year 2021-22 to fiscal year 2022-23.

AB68,1788,3 (15) Health information exchange. From the appropriation under s. 20.435 (1) (b), the department of health services shall provide a grant of $655,000 in fiscal year 2021-22 and a grant of $655,000 in fiscal year 2022-23 to support health information exchange activities. The department of health services may not encumber moneys from the appropriation under s. 20.435 (1) (b) for a grant under this subsection after June 30, 2023. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer moneys appropriated for the purpose described under this subsection between fiscal years.

AB68,1788,6 (16) Spinal cord injury council; initial appointments. Notwithstanding the length of terms specified for the members of the spinal cord injury council under s. 15.197 (20) (a) (intro.), initial appointments to the council shall be made as follows:

AB68,1788,9 (a) The members appointed under s. 15.197 (20) (a) 1., 3., 5., and 7., or in lieu of those members under s. 15.197 (20) (b), shall be appointed for terms expiring on July 1, 2024.

AB68,1788,12 (b) The members appointed under s. 15.197 (20) (a) 2., 4., 6., and 8., or in lieu of those members under s. 15.197 (20) (b), shall be appointed for terms expiring on July 1, 2025.

AB68,1788,19 (17) Black women's health. The department of health services shall award a grant of $500,000 in fiscal year 2021-22 and a grant of $500,000 in fiscal year 2022-23 to an entity to connect and convene efforts between state agencies, public and private sector organizations, and community organizations to support a statewide public health strategy to advance Black women's health. The department of health services may award the grants from the appropriation under s. 20.435 (1) (b).

AB68,1789,2 (18) Crisis urgent care and observation center emergency rules. The department of health services may promulgate rules allowed under s. 51.036 related to crisis urgent care and observation centers as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), 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.

AB68,1789,8 (19) Addiction treatment platform. From the appropriation under s. 20.435 (5) (a), the department of health services shall contract in fiscal year 2022-23 for the development of a substance use disorder treatment platform that allows for the comparison of substance use disorder treatment programs in the state. The department of health services may expend no more than $300,000 in fiscal year 2022-23 under this subsection.

AB68,9120 Section 9120. Nonstatutory provisions; Higher Educational Aids Board.

AB68,1789,17 (1) Minnesota-Wisconsin tuition reciprocity agreement. The higher educational aids board shall provide to the designated body representing the state of Minnesota notice of the termination of the agreement under s. 39.47, 2019 stats., with the agreement's termination to become effective on July 1, 2022. The higher educational aids board and the Board of Regents of the University of Wisconsin System shall negotiate new agreements to replace the agreement under s. 39.47, 2019 stats., with these new agreements to become effective on July 1, 2022.

AB68,9121 Section 9121. Nonstatutory provisions; Historical Society.

AB68,9122 Section 9122. Nonstatutory provisions; Housing and Economic Development Authority.

AB68,1790,2 (1) Pilot program for homeless children and youths. The Wisconsin Housing and Economic Development Authority shall develop policies and procedures for and implement a 2-year pilot program that gives priority to individuals who are included in the category of homeless children and youths, as defined in 42 USC 11434a (2), and families with at least one individual included in that category on the waiting list that the authority, or a public housing agency or other entity that contracts with the authority, maintains for vouchers under the federal housing choice voucher program.

AB68,9123 Section 9123. Nonstatutory provisions; Insurance.

AB68,1790,8 (1) Pharmacy benefit manager regulation. A pharmacy benefit manager that is not required to be licensed as an administrator is not required to be licensed under s. 633.14 and a pharmacy benefit manager is not required to comply with s. 632.865 (3) to (7) until the effective date of this subsection, unless the commissioner of insurance specifies a later date on which registration or compliance is required.

AB68,1790,15 (2) Prescription drug importation program. The commissioner of insurance shall submit the first report required under s. 601.575 (5) by the next January 1 or July 1, whichever is earliest, that is at least 180 days after the date the prescription drug importation program is fully operational under s. 601.575 (4). The commissioner of insurance shall include in the first 3 reports submitted under s. 601.575 (5) information on the implementation of the audit functions under s. 601.575 (1) (n).

AB68,1790,19 (3) Prescription drug cost survey. The commissioner of insurance shall conduct a statistically valid survey of pharmacies in this state regarding whether the pharmacy agreed to not disclose that customer drug benefit cost sharing exceeds the cost of the dispensed drug.

AB68,1790,23 (4) Public option health insurance plan. The office of the commissioner of insurance may expend from the appropriation under s. 20.145 (1) (a) in fiscal year 2021-22 not more than $900,000 for the development of a public option health insurance plan.

AB68,1791,12 (5) Health insurance premium assistance program. The commissioner of insurance shall develop a program to provide, beginning no later than plan year 2024, health insurance premium assistance to any resident of this state who purchases a silver level plan on the exchange, as defined in s. 628.90 (1), and whose household income exceeds 133 percent of the poverty line before application of the 5 percent income disregard as described in 42 CFR 435.603 (d), but does not exceed 250 percent of the poverty line. The assistance shall equal the difference between the lowest-cost silver level plan and lowest-cost bronze level plan in the individual's county of residence. The commissioner of insurance shall include a cost estimate of the program with the 2023-24 biennial budget submission for the office of the commissioner of insurance. In this subsection, “bronze level plan” means a plan described in 42 USC 18022 (d) (1) (A), “poverty line” means the poverty line as defined and revised annually under 42 USC 9902 (2) for a family the size of the individual's family, and “silver level plan” means a plan described in 42 USC 18022 (d) (1) (B).

AB68,1791,15 (6) Prescription drug purchasing entity. During the 2021-2023 fiscal biennium, the office of the commissioner of insurance shall conduct a study on the viability of creating or implementing a state prescription drug purchasing entity.

AB68,1791,16 (7) School district group health insurance task force.

AB68,1791,19 (a) The commissioner of insurance shall establish a committee called the “School District Group Health Insurance Task Force.” The task force shall consist of the following members appointed by the governor:

AB68,1791,20 1. One representative from the office of the commissioner of insurance.

AB68,1791,21 2. One representative from the department of administration.

AB68,1791,22 3. One representative from the department of public instruction.

AB68,1791,23 4. One representative from the department of employee trust funds.

AB68,1791,24 5. One administrator of a school district.

AB68,1791,25 6. One business official of a school district.

AB68,1792,1 7. One member of a school board.

AB68,1792,2 8. One official of a public employee union.

AB68,1792,3 9. Three employees of public schools.

AB68,1792,4 10. One representative of a health plan.

AB68,1792,6 (b) The representative from the office of the commissioner of insurance shall be the chairperson of the task force.

AB68,1792,11 (c) Based on consultation with the task force, and review of the actuarial report required under Section 9113 (7 ) of this act, the commissioner of insurance and the secretary of employee trust funds shall develop an implementation plan, which, if enacted, would require all school districts in this state to participate in a group health insurance program offered by the group insurance board by January 1, 2024.

AB68,1792,14 (d) The commissioner of insurance and the secretary of employee trust funds shall submit the implementation plan to the governor and the joint committee of finance by December 31, 2022.

AB68,1792,20 (8) Prescription drug affordability review board. Notwithstanding the length of terms specified for the members of the board under s. 15.735 (1) (b) to (e), 2 of the initial members shall be appointed for terms expiring on May 1, 2023; 2 of the initial members shall be appointed for terms expiring on May 1, 2024; 2 of the initial members shall be appointed for terms expiring on May 1, 2025, and 2 of the initial members shall be appointed for terms expiring on May 1, 2026.

AB68,9124 Section 9124. Nonstatutory provisions; Investment Board.

AB68,9125 Section 9125. Nonstatutory provisions; Joint Committee on Finance.

AB68,9126 Section 9126. Nonstatutory provisions; Judicial Commission.

AB68,9127 Section 9127. Nonstatutory provisions; Justice.

AB68,1793,9 (1) Sexual assault kits. Within 180 days of the effective date of this subsection, the department of justice shall promulgate emergency rules under s. 227.24 to implement s. 165.775 for the period before the effective date of the permanent rules but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department 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.

AB68,1793,13 (2) Sentencing review council; report. No later than July 1, 2022, the sentencing review council shall submit a report on its findings and recommendations under s. 165.27 (1) to (4) to the attorney general under s. 15.09 (7) and to the appropriate standing committees of the legislature under s. 13.172 (3).

AB68,9128 Section 9128. Nonstatutory provisions; Legislature.

AB68,1793,15 (1) Redistricting.

AB68,1793,16 (a) Definitions. In this subsection:

AB68,1793,18 1. “Commission” means the People's Maps Commission created by the governor on January 27, 2020, under executive order 66.

AB68,1793,19 2. “Legislature” means the legislature instituted on January 5, 2021.

AB68,1793,25 (b) Preparation of legislation. The legislative reference bureau shall prepare in proper form legislation that gives effect to the congressional redistricting plan proposed by the commission for consideration by the legislature and separate legislation that gives effect to the state assembly and senate redistricting plan proposed by the commission for consideration by the legislature. The bureau shall deliver the legislation to the governor for approval.

AB68,1794,1 (c) Introduction, consideration, and vote.

AB68,1794,5 1. The governor shall deliver the bills prepared under par. (b) to the joint committee on legislative organization, which shall introduce the bills without change in each house of the legislature. The bills shall then be referred to the appropriate standing committees of each house.

AB68,1794,8 2. The legislature shall take final action on either the assembly version or the senate version of the bills introduced under subd. 1 . no later than the 60th day after the bill is introduced.

AB68,1794,12 3. The legislature may not take action on congressional redistricting legislation not introduced under subd. 1. until after either the assembly version or the senate version of the congressional redistricting bill introduced under subd. 1. has been voted on by each house of the legislature.

AB68,1794,16 4. The legislature may not take action on legislative redistricting legislation not introduced under subd. 1. until after either the assembly version or the senate version of the legislative redistricting bill introduced under subd. 1. has been voted on by each house of the legislature.

AB68,1794,17 (d) Public records.

AB68,1794,21 1. Notwithstanding s. 16.61 (2) (b) 1., all public records, as defined in s. 16.61 (2) (b), created or maintained by each house, committee, and member of the legislature that relate to congressional or legislative redistricting may not be destroyed until after December 31, 2030.

AB68,1795,3 2. Notwithstanding ss. 13.91 to 13.96, 19.36 (1), and 905.03, all records, as defined in s. 19.32 (2), created or maintained by each house, committee, and member of the legislature that relate to congressional or legislative redistricting are subject to inspection and copying under s. 19.35 and may not be withheld from public access on the basis of any claim of confidentiality or privilege, except for records containing communications that are privileged under s. 905.03 and that concern a previously drafted congressional or legislative redistricting plan.

AB68,1795,8 (e) Open meetings. Notwithstanding ss. 13.91 to 13.96 and 905.03, each meeting related to congressional or legislative redistricting shall be preceded by public notice, as provided in s. 19.84, and shall be held in a place reasonably accessible to members of the public and open to all citizens at all times, if the meeting includes any of the following:

AB68,1795,9 1. Two or more members of the legislature.

AB68,1795,10 2. Members of the partisan staff of 2 or more legislative offices.

AB68,1795,11 3. A member of the legislature and nonpartisan legislative staff.

AB68,1795,13 4. A member of the legislature and a person retained by the legislature to assist with congressional or legislative redistricting.

AB68,1795,19 (2) Joint legislative council study. The joint legislative council shall study the implementation of the marijuana tax and regulation provided under subch. IV of ch. 139 and identify uses for the revenues generated by the tax. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance no later than 2 years after the effective date of this subsection.

AB68,9129 Section 9129. Nonstatutory provisions; Lieutenant Governor.

AB68,9130 Section 9130. Nonstatutory provisions; Local Government.

AB68,1796,2 (1) Levy limit exception for regional planning commission charges. For the purposes of a levy imposed by a city, village, town, or county in December 2021, the base amount to which s. 66.0602 (2) applies does not include any amount that the city, village, town, or county levied in the immediately preceding year to pay for the city's, village's, town's, or county's share of a regional planning commission's budget as charged by the commission under s. 66.0309 (14) (a) to (c).

AB68,9131 Section 9131. Nonstatutory provisions; Military Affairs.

AB68,1796,13 (1) Truax Field electrical micro grid system. In fiscal year 2022-23, the department of military affairs shall conduct a study to determine whether construction of an electrical micro grid system at Truax Field is feasible. The department may expend from the appropriation under s. 20.465 (1) (b) in fiscal year 2022-23 not more than $64,000 to support the study under this subsection. If, based on the study, the adjutant general determines that construction of an electrical micro grid system at Truax Field is feasible, the department may expend from the appropriation under s. 20.465 (1) (b) in fiscal year 2022-23 not more than $296,000 for schematic designs related to the construction of an electrical micro grid system at Truax Field.

AB68,9132 Section 9132. Nonstatutory provisions; Natural Resources.

AB68,1797,2 (1) Emergency rule-making authority; Great Lakes erosion control program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules under s. 23.199 for the period before the date on which permanent rules under s. 23.199 take effect. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until the first day of the 25th month beginning after the effective date of the emergency rules, the date on which the permanent rules take effect, or the effective date of the repeal of the emergency rules, whichever is earlier. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as emergency rules 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.

AB68,1797,6 (2) Transfer of land recycling loan program balance. All moneys appropriated for the land recycling loan program under s. 281.60, 2019 stats., that are unallocated on the effective date of this subsection shall be transferred to the environmental improvement fund for the clean water fund program under s. 281.58.

AB68,1797,17 (3) Emergency rules for PFAS municipal grant program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the municipal grant program under s. 292.66. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department 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 s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

AB68,1797,19 (4) Emergency rules for PFAS in drinking water, groundwater, surface water, solid waste, beds of navigable waters, and contaminated soil and sediment.

AB68,1797,25 (a) The department of natural resources shall promulgate emergency rules under s. 227.24 establishing acceptable levels and standards, performance standards, monitoring requirements, and required response actions for any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health or the environment in the following:

AB68,1798,1 1. Drinking water under s. 281.17 (8).

AB68,1798,2 2. Groundwater under ss. 160.07 (5) and 160.15.

AB68,1798,4 3. Surface water from point sources under ss. 283.11 (4) and 283.21 and from nonpoint sources under s. 281.16.

AB68,1798,6 4. Air under s. 285.27 (2) (bm), if the standards are needed to provide adequate protection for public health or welfare.

AB68,1798,7 5. Solid waste and solid waste facilities under chs. 289 and 291.

AB68,1798,8 6. Beds of navigable waters under s. 30.20.

AB68,1798,9 7. Soil and sediment under chs. 289 and 292.

AB68,1798,11 (b) The department of natural resources shall promulgate emergency rules under s. 227.24 to do all of the following: