AB43: Bill Text

AB43,1755,23 (4) Rules regarding training of certified peer specialists. The department of health services may promulgate the rules required under s. 49.45 (30j) (bm) 4. 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. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until January 1, 2025, or the date the permanent rules take effect, whichever is sooner.

AB43,1756,3 (5) Early intervention services. The department of health services may develop a methodology to allocate moneys under s. 20.435 (7) (bt) across county programs.

AB43,1756,16 (6) Emergency rules on psychiatric residential treatment facilities. The department of health services may promulgate emergency rules under s. 227.24 implementing certification of psychiatric residential treatment facilities under s. 51.044, including development of a new provider type and a reimbursement model for psychiatric residential treatment facilities under the Medical Assistance program under subch. IV of ch. 49. 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. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2025, or the date on which permanent rules take effect, whichever is sooner.

AB43,1757,5 (7) Low-value care analysis grant. From the appropriation under s. 20.435 (1) (b), in the 2023-24 and 2024-25 fiscal years, the department of health services shall award a grant in an amount not to exceed $900,000 in each fiscal year to an organization for the purpose of conducting a data analysis of claims under the medical assistance program administered by the department of health services and claims under health care coverage plans offered by the state under s. 40.51 (6) to identify low-value care. The recipient of the grant under this subsection shall report the organization's findings, including any recommendations for providing effective and efficient care, to the department of health services and the department of employee trust funds. The department of health services and the department of employee trust funds shall distribute the findings reported under this subsection to health care providers that provide services covered by the medical assistance program or a health care coverage plan and to health maintenance organizations and insurance companies that provide health insurance to state employees.

AB43,1757,15 (8) Medical Assistance hospital reimbursement. The department of health services shall increase the Medical Assistance rates paid to hospitals by a budgeted sum of $7,605,400 as the state share of payments, and provide the matching share of payments, in fiscal year 2023-24, and by a budgeted sum of $15,506,100 as the state share of payments, and provide the matching share of payments, in fiscal year 2024-25. The increases under this subsection may apply only if the department has expanded eligibility under section 2001 (a) (1) (C) of the Patient Protection and Affordable Care Act, P.L. 111-148, for the Medical Assistance program under subch. IV of ch. 49. The department shall limit payments to hospitals under this subsection at the upper payment limit as required under 42 CFR 447.272.

AB43,1757,24 (9) Primary care reimbursement under Medical Assistance. The department of health services shall increase the Medical Assistance rates paid for primary care services by a budgeted sum of $21,110,400 as the state share of payments, and provide the matching federal share of payments, in fiscal year 2023-24, and by a budgeted sum of $43,040,400 as the state share of payments, and provide the matching federal share of payments, in fiscal year 2024-25. The increases under this subsection may apply only if the department of health services has expanded eligibility under section 2001 (a) (1) (C) of the Patient Protection and Affordable Care Act, P.L. 111-148, for the Medical Assistance program under subch. IV of ch. 49.

AB43,1758,3 (10) 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:

AB43,1758,6 (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, 2025.

AB43,1758,9 (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, 2026.

AB43,1758,17 (11) Electrocardiogram screening pilot program. The department of health services shall develop a pilot program to provide electrocardiogram screenings for participants in middle school and high school athletics programs in Milwaukee and Waukesha Counties. From the appropriation under s. 20.435 (1) (b), in fiscal year 2024-25, the department shall award $4,172,000 in grants to local health departments, as defined under s. 250.01 (4), to implement the pilot program under this subsection. Participation in the pilot program by participants in middle school and high school athletics programs shall be optional.

AB43,1758,21 (12) Health care workforce pilot project. The department of health services shall distribute $621,000 in fiscal year 2024-25 to support a pilot project in Dane County relating to the impact of the COVID-19 pandemic on the health care workforce.

AB43,1758,22 (13) Complex patient pilot program.

AB43,1758,23 (a) In this subsection, “department” means the department of health services.

AB43,1759,3 (b) The department shall form an advisory group to assist with development and implementation of a complex patient pilot program. The secretary of health services, or his or her designee, shall be the chair of the advisory group. Members of the advisory group under this paragraph shall have clinical, financial, or administrative expertise in government programs, acute care, or post-acute care.

AB43,1759,6 (c) The department shall use its request-for-proposal procedure to select partnership groups to be designated as participating sites for the complex patient pilot program under this subsection.

AB43,1759,12 (d) The advisory group formed under this subsection shall develop a request for proposal for the complex patient pilot program that includes eligibility requirements. For purposes of the pilot program under this subsection, only partnerships of hospitals and post-acute facilities are eligible to submit proposals. An eligible partnership shall include at least one hospital and at least one post-acute facility, but may include more than one hospital or post-acute facility.

AB43,1759,15 (e) Each partnership group that applies to the department to be designated as a site for the complex patient pilot program shall specifically address all of the following issues:

AB43,1759,16 1. The number of beds that would be set aside in the post-acute facility.

AB43,1759,18 2. The goals of the partnership during the pilot program and after the pilot program.

AB43,1759,19 3. The types of complex patients for whom care would be provided.

AB43,1759,21 4. Expertise to successfully implement the proposal, including a discussion of at least all of the following issues:

AB43,1759,22 a. Experience of the partners working together.

AB43,1759,23 b. Plan for staffing the unit.

AB43,1759,24 c. Ability to electronically exchange health information.

AB43,1759,25 d. Clinical expertise.

AB43,1760,1 e. Hospital and post-acute facility survey history over the past 3 years.

AB43,1760,2 f. Acute care partner readmissions history over the past 3 years.

AB43,1760,3 g. Discharge planning and patient intake resources.

AB43,1760,8 h. Stability of finances to support the proposal, including matching funds that could be dedicated to the pilot program under this subsection. No applicant is required to provide matching funds or a contribution, but the advisory group and the department of health services may take into consideration the availability of matching funds or a contribution in evaluating an application.

AB43,1760,10 5. The per diem rate requested to adequately compensate the hospital or hospitals and the post-acute facility or facilities.

AB43,1760,11 6. A post-acute bed reserve rate.

AB43,1760,13 7. Anticipated impediments to successful implementation and how the applicant partnership group intends to overcome the anticipated impediments.

AB43,1760,14 (f) The advisory group formed under this subsection shall do all of the following:

AB43,1760,18 1. Determine and recommend to the department an amount of the funding budgeted for the complex patient pilot program under s. 20.435 (7) (d) to be reserved for reconciliation to ensure that participants in the pilot program are held harmless from unanticipated financial loss.

AB43,1760,25 2. Develop a methodology to evaluate the complex patient pilot program, including a recommendation on whether the department should contract with an independent organization to evaluate the complex patient pilot program. The department may contract with an independent organization to complete the evaluation described under this subdivision and, if the department does so, the department may pay the fee of the organization selected from the appropriation under s. 20.435 (7) (d).

AB43,1761,3 3. Make recommendations to the secretary of health services regarding which partnership groups should receive designation as a participating site for the complex patient pilot program.

AB43,1761,7 (g) 1. No later than 90 days after the effective date of this subdivision, the advisory group shall complete development of the request for proposal for partnership groups to be designated as participating sites in the complex patient pilot program and provide its recommendations to the secretary of health services.

AB43,1761,12 2. No later than 150 days after the effective date of this subdivision, the advisory group shall review all applications submitted in response to the request for proposal and select up to 4 partnership groups to recommend to the secretary of health services for designation as participating sites for the complex patient pilot program under this subsection.

AB43,1761,21 3. Between 6 months and 18 months after the effective date of this subdivision, the partnership groups designated by the department as participating sites in the complex patient pilot program shall implement the pilot program and meet quarterly with both the department and the advisory group or any independent organization hired by the department for the purpose of evaluating the pilot program to discuss experiences relating to the pilot program. From the appropriation under s. 20.435 (7) (d), the department shall provide payments to partnership groups designated as participating sites for care provided during the course of the pilot program under this subsection.

AB43,1762,2 4. No later than June 30, 2025, the advisory group or any independent organization hired by the department for the purpose of evaluating the complex patient pilot program shall complete and submit to the secretary of health services an evaluation of the complex patient pilot program under this subsection, including a written report and recommendations.

AB43,9120 Section 9120. Nonstatutory provisions; Higher Educational Aids Board.

AB43,9121 Section 9121. Nonstatutory provisions; Historical Society.

AB43,9122 Section 9122. Nonstatutory provisions; Housing and Economic Development Authority.

AB43,9123 Section 9123. Nonstatutory provisions; Insurance.

AB43,1762,14 (1) Staggered terms for 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, 2025; 2 of the initial members shall be appointed for terms expiring on May 1, 2026; 2 of the initial members shall be appointed for terms expiring on May 1, 2027; and 2 of the initial members shall be appointed for terms expiring on May 1, 2028.

AB43,1762,21 (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).

AB43,1762,25 (3) 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 2023-24 not more than $1,000,000 for the development of a public option health insurance plan.

AB43,1763,3 (4) Prescription drug purchasing entity. During the 2023-25 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.

AB43,9124 Section 9124. Nonstatutory provisions; Investment Board.

AB43,9125 Section 9125. Nonstatutory provisions; Joint Committee on Finance.

AB43,9126 Section 9126. Nonstatutory provisions; Judicial Commission.

AB43,9127 Section 9127. Nonstatutory provisions; Justice.

AB43,9128 Section 9128. Nonstatutory provisions; Legislature.

AB43,1763,14 (1) 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.

AB43,9129 Section 9129. Nonstatutory provisions; Lieutenant Governor.

AB43,9130 Section 9130. Nonstatutory provisions; Local Government.

AB43,1763,22 (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 2023, 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).

AB43,9131 Section 9131. Nonstatutory provisions; Military Affairs.

AB43,1764,3 (1) Payment to town of Silver Cliff to rebuild public safety building destroyed by a tornado. Notwithstanding the requirements under s. 323.31, from the appropriation under s. 20.465 (3) (b), in the 2023-24 fiscal year, the department of military affairs shall provide a payment of $1,000,000 to the town of Silver Cliff for the town to rebuild its public safety building that was destroyed by a tornado.

AB43,9132 Section 9132. Nonstatutory provisions; Natural Resources.

AB43,1764,17 (1) Emergency rule-making authority; Great Lakes erosion control revolving loan program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules under s. 23.1991 for the period before the date on which permanent rules under s. 23.1991 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 earliest. 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.

AB43,1765,5 (2) Emergency rule-making authority; Mississippi River erosion control revolving loan program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules under s. 23.1993 for the period before the date on which permanent rules under s. 23.1993 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 earliest. 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.

AB43,1765,7 (3) Emergency rules for PFAS in drinking water, groundwater, surface water, solid waste, beds of navigable waters, and contaminated soil and sediment.

AB43,1765,13 (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:

AB43,1765,14 1. Drinking water under s. 281.17 (8).

AB43,1765,15 2. Groundwater under ss. 160.07 (5) and 160.15.

AB43,1765,17 3. Surface water from point sources under ss. 283.11 (4) and 283.21 and from nonpoint sources under s. 281.16.

AB43,1765,19 4. Air under s. 285.27 (2) (bm), if the standards are needed to provide adequate protection for public health or welfare.

AB43,1765,20 5. Solid waste and solid waste facilities under chs. 289 and 291.

AB43,1765,21 6. Beds of navigable waters under s. 30.20.

AB43,1765,22 7. Soil and sediment under chs. 289 and 292.

AB43,1765,24 (b) The department of natural resources shall promulgate emergency rules under s. 227.24 to do all of the following:

AB43,1766,4 1. Add 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 to the list of toxic pollutants under s. 283.21 (1) (a) for purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4).

AB43,1766,8 2. Add to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances for which the department determines that the listing is necessary to protect public health, safety, or welfare.

AB43,1766,10 3. Administer and enforce ch. 292 in relation to remedial actions involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such substances.

AB43,1766,16 (c) Notwithstanding any finding required under par. (a) or (b), emergency rules promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, and perfluorobutane sulfonic acid and shall include provisions for enforcing these standards, including requiring sampling, monitoring, testing, and response actions.

AB43,1766,23 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under pars. (a) and (b) remain in effect until July 1, 2024, or the date on which permanent rules take effect, whichever is sooner. 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 an emergency rule 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.

AB43,1767,5 (4) Water quality standards for PFAS. The department of natural resources shall promulgate, under s. 281.15, water quality standards for perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, and perfluorobutane sulfonic acid and any other perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health and necessary to protect a water's designated use.

AB43,1767,11 (5) List of groundwater contaminants. The department of natural resources shall add to the list of groundwater contaminants under s. 160.05 any perfluoroalkyl and polyfluoroalkyl substance or group or class of such substances that is shown to involve public health concerns and that has a reasonable probability of entering the groundwater and shall categorize and rank those substances according to the provisions of s. 160.05.

AB43,1767,12 (6) Testing laboratories; emergency rules.

AB43,1767,23 (a) The department of natural resources shall promulgate emergency rules under s. 227.24 establishing criteria for certifying laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including the standards and methods for such testing, and shall certify laboratories that meet these criteria. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2024, or the date on which permanent rules take effect, whichever is sooner. 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 an emergency rule 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.

AB43,1768,3 (b) Before emergency rules are promulgated under par. (a ), the department of natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl substance to be done according to any nationally recognized procedures.

AB43,1768,13 (7) 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. 292.67. Notwithstanding s. 227.24 (1) (a) 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. 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.

AB43,1768,19 (8) Notification of U.S. Coast Guard rules for vessel discharge. When the department of natural resources determines that the secretary of the U.S. department of homeland security has promulgated final, effective, and enforceable rules under 33 USC 1322 (p) (5), the department shall notify the legislative reference bureau. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies that date.

AB43,1768,24 (9) Municipal flood control aid. Notwithstanding eligibility requirements for receiving aid or limitations on the amount and use of aid provided under s. 281.665, from the appropriation under s. 20.370 (6) (dq), the department of natural resources shall award $1,000,000 in fiscal year 2023-24 and $1,000,000 in fiscal year 2024-25 for the preparation of flood insurance studies and other flood mapping projects.

AB43,1769,5 (10) Forestry-industry-wide strategic plan. From the appropriation under s. 20.370 (2) (jq), the department of natural resources shall develop a forestry-industry-wide strategic plan and road map. The department shall submit the final report on this plan and road map to the council on forestry no later than September 16, 2024.

AB43,1769,18 (11) Emergency rules for notification of water permit violations. The department of natural resources may use the procedure under s. 227.24, to promulgate rules under s. 283.90. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2025, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) 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. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of scope of the rules promulgated under this subsection and is not required to present the rules promulgated under this subsection to the governor for approval.

AB43,1769,22 (12) Sheboygan River dam grant. Notwithstanding s. 31.385 (2), the department of natural resources shall award a dam safety grant under s. 31.385 in the amount of $500,000 to Sheboygan County for the removal and reconstruction of a dam on the Sheboygan River at the Sheboygan Marsh.

AB43,9133 Section 9133. Nonstatutory provisions; Public Defender Board.