SB70-AA3,188,1815 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
16(1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all
17violations may be prosecuted as a single crime if the violations were pursuant to a
18single intent and design.
SB70-AA3,215 19Section 215. 971.365 (1) (c) of the statutes is amended to read:
SB70-AA3,188,2320 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
21(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
22one violation, all violations may be prosecuted as a single crime if the violations were
23pursuant to a single intent and design.
SB70-AA3,216 24Section 216. 971.365 (2) of the statutes is amended to read:
SB70-AA3,189,6
1971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
2prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
3(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
4or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g),
5or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial
6on the original charge.
SB70-AA3,217 7Section 217. 973.016 of the statutes is created to read:
SB70-AA3,189,11 8973.016 Special disposition for marijuana-related crimes. (1)
9Resentencing persons serving a sentence or probation. (a) A person serving a
10sentence or on probation may request resentencing or dismissal as provided under
11par. (b) if all of the following apply:
SB70-AA3,189,1312 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
13(h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.
SB70-AA3,189,1414 2. One of the following applies:
SB70-AA3,189,1615 a. The person would not have been guilty of a crime had the violation occurred
16on or after the effective date of this subd. 2. a. .... [LRB inserts date].
SB70-AA3,189,1817 b. The person would have been guilty of a lesser crime had the violation
18occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
SB70-AA3,189,2019 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
20court to request resentencing, adjustment of probation, or dismissal.
SB70-AA3,190,321 2. If the court receiving a petition under subd. 1. determines that par. (a)
22applies, the court shall schedule a hearing to consider the petition. At the hearing,
23if the court determines that par. (a) 2. b. applies, the court shall resentence the person
24or adjust the probation and change the record to reflect the lesser crime, and, if the
25court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and

1expunge the record. Before resentencing, adjusting probation, or dismissing a
2conviction under this subdivision, the court shall determine that the action does not
3present an unreasonable risk of danger to public safety.
SB70-AA3,190,54 3. If the court resentences the person or adjusts probation, the person shall
5receive credit for time or probation served for the relevant offense.
SB70-AA3,190,9 6(2) Redesignating offense for persons who completed a sentence or
7probation.
(a) A person who has completed his or her sentence or period of probation
8may request under par. (b) expungement of the conviction because the conviction is
9legally invalid or redesignation to a lesser crime if all of the following apply:
SB70-AA3,190,1110 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
11(h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.
SB70-AA3,190,1212 2. One of the following applies:
SB70-AA3,190,1413 a. The person would not have been guilty of a crime had the violation occurred
14on or after the effective date of this subd. 2. a. .... [LRB inserts date].
SB70-AA3,190,1615 b. The person would have been guilty of a lesser crime had the violation
16occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
SB70-AA3,190,1817 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
18court to request expungement or redesignation.
SB70-AA3,190,2519 2. If the court receiving a petition under subd. 1. determines that par. (a)
20applies, the court shall schedule a hearing to consider the petition. At the hearing,
21if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime
22to a lesser crime and change the record to reflect the lesser crime, and if the court
23determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before
24redesignating or expunging under this subdivision, the court shall determine that
25the action does not present an unreasonable risk of danger to public safety.
SB70-AA3,191,4
1(3) Effect of resentencing, dismissal, redesignation, or expungement. If the
2court changes or expunges a record under this section, a conviction that was changed
3or expunged is not considered a conviction for any purpose under state or federal law,
4including for purposes of s. 941.29 or 18 USC 921.
SB70-AA3,9128 5Section 9128. Nonstatutory provisions; Legislature.
SB70-AA3,191,116 (1) Joint legislative council study. The joint legislative council shall study
7the implementation of the marijuana tax and regulation provided under subch. IV
8of ch. 139 and identify uses for the revenues generated by the tax. The joint
9legislative council shall report its findings, conclusions, and recommendations to the
10joint committee on finance no later than 2 years after the effective date of this
11subsection.”.
SB70-AA3,191,12 12225. Page 374, line 11: after that line insert:
SB70-AA3,191,13 13 Section 218. 49.45 (30e) (a) 2. of the statutes is repealed.
SB70-AA3,219 14Section 219. 49.45 (30e) (b) 3. of the statutes is amended to read:
SB70-AA3,191,1715 49.45 (30e) (b) 3. Requirements for certification of community-based
16psychosocial service programs. The department may certify county-based providers
17and providers that are not county-based providers.
SB70-AA3,220 18Section 220. 49.45 (30e) (c) of the statutes is renumbered 49.45 (30e) (c) 1. and
19amended to read:
SB70-AA3,192,220 49.45 (30e) (c) 1. A For a county that elects to make provide the services under
21s. 49.46 (2) (b) 6. Lm. available shall reimburse a provider of the services for the
22amount of the allowable charges for those services under the medical assistance
23program that is not provided by the federal government. The
, the department shall
24reimburse the provider county only for the amount of the allowable charges for those

1services under the medical assistance Medical Assistance program that is provided
2by the federal government.
SB70-AA3,221 3Section 221. 49.45 (30e) (c) 2. of the statutes is created to read:
SB70-AA3,192,64 49.45 (30e) (c) 2. The department shall reimburse a provider that is not a
5county-based provider for services under s. 49.46 (2) (b) 6. Lm. for both the federal
6and nonfederal share of a fee schedule that is determined by the department.
SB70-AA3,222 7Section 222. 49.45 (30e) (d) of the statutes is amended to read:
SB70-AA3,192,158 49.45 (30e) (d) Provision of services on regional basis. Notwithstanding par.
9(c) 1. and subject to par. (e), in counties that elect to deliver provide the services under
10s. 49.46 (2) (b) 6. Lm. through the Medical Assistance program on a regional basis
11according to criteria established by the department, the department shall reimburse
12a provider of the services for the amount of the allowable charges for those services
13under the Medical Assistance program that is provided by the federal government
14and for the amount of the allowable charges that is not provided by the federal
15government.
SB70-AA3,9119 16Section 9119. Nonstatutory provisions; Health Services.
SB70-AA3,192,2317 (1) Community-based psychosocial services. The department of health
18services may promulgate rules, including amending rules promulgated under s.
1949.45 (30e) (b), update Medical Assistance program policies, and request any state
20plan amendment or waiver of federal Medicaid law from the federal government
21necessary to provide reimbursement to providers who are not county-based
22providers for psychosocial services provided to Medical Assistance recipients under
23s. 49.45 (30e).”.
SB70-AA3,192,24 24226. Page 374, line 11: after that line insert:
SB70-AA3,193,1
1 Section 223. 46.48 (37) of the statutes is created to read:
SB70-AA3,193,42 46.48 (37) Peer recovery centers. The department may distribute not more
3than $260,000 in each fiscal year to regional peer recovery centers for individuals
4experiencing mental health and substance abuse issues.”.
SB70-AA3,193,5 5227. Page 374, line 11: after that line insert:
SB70-AA3,193,6 6 Section 9119. Nonstatutory provisions; Health Services
SB70-AA3,193,107 (2u) Health care workforce pilot project. The department of health services
8shall distribute $621,000 in fiscal year 2024-25 to support a pilot project in Dane
9County relating to the impact of the COVID-19 pandemic on the health care
10workforce.”.
SB70-AA3,193,11 11228. Page 374, line 11: after that line insert:
SB70-AA3,193,12 12 Section 224. 20.145 (1) (km) of the statutes is repealed.”.
SB70-AA3,193,13 13229. Page 374, line 11: after that line insert:
SB70-AA3,193,14 14 Section 225. 632.895 (6) (title) of the statutes is amended to read:
SB70-AA3,193,1515 632.895 (6) (title) Equipment and supplies for treatment of diabetes; insulin.
SB70-AA3,226 16Section 226. 632.895 (6) of the statutes is renumbered 632.895 (6) (a) and
17amended to read:
SB70-AA3,194,418 632.895 (6) (a) Every disability insurance policy which that provides coverage
19of expenses incurred for treatment of diabetes shall provide coverage for expenses
20incurred by the installation and use of an insulin infusion pump, coverage for all
21other equipment and supplies, including insulin or any other prescription
22medication, used in the treatment of diabetes, and coverage of diabetic
23self-management education programs. Coverage Except as provided in par. (b),
24coverage
required under this subsection shall be subject to the same exclusions,

1limitations, deductibles, and coinsurance provisions of the policy as other covered
2expenses, except that insulin infusion pump coverage may be limited to the purchase
3of one pump per year and the insurer may require the insured to use a pump for 30
4days before purchase.
SB70-AA3,227 5Section 227. 632.895 (6) (b) of the statutes is created to read:
SB70-AA3,194,66 632.895 (6) (b) 1. In this paragraph:
SB70-AA3,194,87 a. “Cost sharing” means the total of any deductible, copayment, or coinsurance
8amounts imposed on a person covered under a policy or plan.
SB70-AA3,194,99 b. “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
SB70-AA3,194,1210 2. Every disability insurance policy and self-insured health plan that cover
11insulin and impose cost sharing on prescription drugs may not impose cost sharing
12on insulin in an amount that exceeds $35 for a one-month supply of insulin.
SB70-AA3,194,1713 3. Nothing in this paragraph prohibits a disability insurance policy or
14self-insured health plan from imposing cost sharing on insulin in an amount less
15than the amount specified under subd. 2. Nothing in this paragraph requires a
16disability insurance policy or self-insured health plan to impose any cost sharing on
17insulin.
SB70-AA3,9423 18Section 9423. Effective dates; Insurance.
SB70-AA3,194,2219 (1) Cost-sharing cap on insulin. The treatment of ss. 609.83 and 632.895 (6)
20(title), the renumbering and amendment of s. 632.895 (6), and the creation of s.
21632.895 (6) (b) take effect on the first day of the 4th month beginning after
22publication.”.
SB70-AA3,194,23 23230. Page 374, line 11: after that line insert:
SB70-AA3,194,24 24 Section 228. 20.435 (4) (bm) of the statutes is amended to read:
SB70-AA3,195,18
120.435 (4) (bm) Medical Assistance, food stamps, and Badger Care
2administration; contract costs, insurer reports, and resource centers.
Biennially, the
3amounts in the schedule to provide a portion of the state share of administrative
4contract costs for the Medical Assistance program under subch. IV of ch. 49 and the
5Badger Care health care program under s. 49.665 and to provide the state share of
6administrative costs for the food stamp program under s. 49.79, other than payments
7under s. 49.78 (8), to develop and implement a registry of recipient immunizations,
8to reimburse 3rd parties for their costs under s. 49.475, for costs associated with
9outreach activities, for state administration of state supplemental grants to
10supplemental security income recipients under s. 49.77, for grants under s. 46.73,
11and for services of resource centers under s. 46.283. No state positions may be funded
12in the department of health services from this appropriation, except positions for the
13performance of duties under a contract in effect before January 1, 1987, related to
14the administration of the Medical Assistance program between the subunit of the
15department primarily responsible for administering the Medical Assistance
16program and another subunit of the department. Total administrative funding
17authorized for the program under s. 49.665 may not exceed 10 percent of the amounts
18budgeted under pars. (p) and (x).
SB70-AA3,229 19Section 229. 20.435 (4) (pa) of the statutes is amended to read:
SB70-AA3,195,2520 20.435 (4) (pa) Federal aid; Medical Assistance and food stamp contracts
21administration.
All federal moneys received for the federal share of the cost of
22contracting for payment and services administration and reporting, other than
23moneys received under pars. (nn) and (np), to reimburse 3rd parties for their costs
24under s. 49.475, for administrative contract costs for the food stamp program under
25s. 49.79, for grants under s. 46.73, and for services of resource centers under s. 46.283.
SB70-AA3,230
1Section 230. 46.73 of the statutes is created to read:
SB70-AA3,196,4 246.73 Community dental health coordinators. From the appropriations
3under s. 20.435 (4) (bm) and (pa), the department shall award grants to support
4community dental health coordinators.”.
SB70-AA3,196,5 5231. Page 374, line 11: after that line insert:
SB70-AA3,196,6 6 Section 231. 46.482 (1) (a) of the statutes is renumbered 46.482 (1) (bm).
SB70-AA3,232 7Section 232. 46.482 (1) (am) of the statutes is created to read:
SB70-AA3,196,108 46.482 (1) (am) “Certified peer specialist” means an individual described under
9s. 49.45 (30j) (a) 1m. who has met the certification requirements established by the
10department.
SB70-AA3,233 11Section 233. 46.482 (1) (b) of the statutes is renumbered 46.482 (1) (c) and
12amended to read:
SB70-AA3,196,1513 46.482 (1) (c) “Peer recovery coach” means an individual described under s.
1449.45 (30j) (a) 2. 3. who has completed the training requirements specified under
15s. 49.45 (30j) (b) 4.
SB70-AA3,234 16Section 234. 46.482 (2) (a) of the statutes is amended to read:
SB70-AA3,196,1917 46.482 (2) (a) Use peer recovery coaches and certified peer specialists to
18encourage individuals to seek treatment for a substance use disorder following an
19overdose.
SB70-AA3,235 20Section 235. 46.482 (2) (f) of the statutes is amended to read:
SB70-AA3,196,2321 46.482 (2) (f) Collect and evaluate data on the outcomes of patients receiving
22peer recovery coach or certified peer specialist services and coordination and
23continuation of care services under this section.
SB70-AA3,236 24Section 236. 49.45 (30j) (title) of the statutes is amended to read:
SB70-AA3,197,2
149.45 (30j) (title) Reimbursement for peer recovery coach and certified peer
2specialist
services.
SB70-AA3,237 3Section 237. 49.45 (30j) (a) 1. and 2. of the statutes are renumbered 49.45 (30j)
4(a) 2m. and 3.
SB70-AA3,238 5Section 238. 49.45 (30j) (a) 1m. of the statutes is created to read:
SB70-AA3,197,96 49.45 (30j) (a) 1m. “Certified peer specialist” means an individual who has
7experience in the mental health and substance use services system, who is trained
8to provide support to others, and who has received peer specialist or parent peer
9specialist certification under the rules established by the department.
SB70-AA3,239 10Section 239. 49.45 (30j) (bm) of the statutes is created to read:
SB70-AA3,197,1311 49.45 (30j) (bm) The department shall reimburse under the Medical Assistance
12program under this subchapter any service provided by a certified peer specialist if
13the service satisfies all of the following conditions:
SB70-AA3,197,1514 1. The recipient of the service provided by a certified peer specialist is in
15treatment for or recovery from a mental illness or a substance use disorder.
SB70-AA3,197,1716 2. The certified peer specialist provides the service under the supervision of a
17competent mental health professional.
SB70-AA3,197,2018 3. The certified peer specialist provides the service in coordination with the
19Medical Assistance recipient's individual treatment plan and in accordance with the
20recipient's individual treatment goals.
SB70-AA3,197,2321 4. The certified peer specialist providing the service has completed training
22requirements, as established by the department by rule, after consulting with
23members of the recovery community.
SB70-AA3,240 24Section 240. 49.45 (30j) (c) of the statutes is amended to read:
SB70-AA3,198,3
149.45 (30j) (c) The department shall certify under Medical Assistance peer
2recovery coaches and certified peer specialists to provide services in accordance with
3this subsection.
SB70-AA3,241 4Section 241. 49.46 (2) (b) 14p. of the statutes is amended to read:
SB70-AA3,198,65 49.46 (2) (b) 14p. Subject to s. 49.45 (30j), services provided by a peer recovery
6coach or a certified peer specialist.
Loading...
Loading...