1997 Wisconsin Act 237

237,383m Section 383m. 138.12 (4) (b) 5. of the statutes is created to read:

138.12 (4) (b) 5. Has not been certified by the department of revenue under s. 73.0301 as being liable for delinquent taxes.

237,384m Section 384m. 138.12 (5) (am) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

138.12 (5) (am) 1. The division shall deny an application for a license renewal if any of the following applies:

a. The applicant has failed to provide the information required under sub. (3) (d) 1.

b. The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes under s. 73.0301. An applicant whose renewal application is denied under this subd. 1. b. is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under par. (b).

c. In the case of a licensee who is an individual, the applicant fails to provide his or her social security number, fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).

2. The division shall restrict or suspend the license of any insurance premium   finance company if the division finds that, in the case of a licensee who is an individual, the licensee fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).

3. The division shall revoke the license of any insurance premium finance company if the department of revenue has certified under s. 73.0301 that the licensee is liable for delinquent taxes under s. 73.0301. A licensee whose license is revoked under this subdivision for delinquent taxes is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under par. (b).

237,385 Section 385 . 139.03 (2x) (c) of the statutes is amended to read:

139.03 (2x) (c) Administration. Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and (c) and (2) to (8) (7), 71.92, 73.01 and, 73.015 and 73.0301 apply to the administration of this subsection for the assessment and collection of additional taxes when tax rate changes become effective.

237,386 Section 386 . 139.03 (4) of the statutes is amended to read:

139.03 (4) Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and (c) and (2) to (8) (7), 71.92, 73.01 and, 73.015 and 73.0301 apply to the administration of this section for the assessment and collection of additional taxes when a tax rate change becomes effective.

237,387 Section 387 . 139.315 (3) of the statutes is amended to read:

139.315 (3) Administration. Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and (c) and (2) to (8) (7), 71.92, 73.01 and, 73.015 and 73.0301 apply to this section.

237,388 Section 388 . 139.39 (6) of the statutes is amended to read:

139.39 (6) Sections 71.74 (1), (2), (10), (11) and (14), 71.77, 71.80 (12), 71.91 (1) (a) and (c) and (2) to (8) and (7), 71.92 and 73.0301 as they apply to the taxes under ch. 71 apply to the taxes under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes under ch. 71 applies to the collection of the taxes under this subchapter, except that the period during which notice of an additional assessment shall be given begins on the due date of the report under this subchapter.

237,389 Section 389 . 146.40 (3) of the statutes is amended to read:

146.40 (3) The Except as provided in sub. (4d), the department shall certify instructional and competency evaluation programs for nurse's assistants, for home health aides and for hospice aides that apply for certification and satisfy standards for certification promulgated by rule by the department. The department shall review the curriculum of each certified instructional and competency evaluation program at least once every 36 months following the date of certification to determine whether the program satisfies the standards for certification. The Under this subsection, the department may, after providing notice, suspend or revoke the certification of an instructional and competency evaluation program or impose a plan of correction on the program if the program does not satisfy the standards for certification or operates under conditions that are other than those contained in the application approved by the department.

237,390 Section 390 . 146.40 (3m) of the statutes is amended to read:

146.40 (3m) The department shall review competency evaluation programs for nurse's assistants, for home health aides and for hospice aides and, except as provided in sub. (4d), may approve those competency evaluation programs that satisfy standards for approval that are specified in rules of the department. The Under this subsection, the department may, after providing notice, suspend or revoke approval of a competency evaluation program or impose a plan of correction if the competency evaluation program fails to satisfy the standards or operates under conditions that are other than those contained in the application approved by the department.

237,391 Section 391 . 146.40 (4d) of the statutes is created to read:

146.40 (4d) (a) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing a certification under sub. (3) or an approval under sub. (3m).

(b) The department may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

(c) The department shall deny an application for the issuance of a certification or approval specified in par. (a) if the applicant does not provide the information specified in par. (a).

(d) The department shall deny an application for the issuance of a certification or approval specified in par. (a) or shall revoke a certification or approval if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.

(e) An action taken under par. (c) or (d) is subject to review only as provided under s. 73.0301 (2) (b) and (5).

237,392 Section 392 . 146.40 (4m) of the statutes is amended to read:

146.40 (4m) An instructional and competency evaluation program under sub. (3) for which the department has suspended or revoked certification or imposed a plan of correction or a competency evaluation program under sub. (3m) for which the department has suspended or revoked approval or imposed a plan of correction may contest the department's action by sending, within 10 days after receipt of notice of the contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent. This subsection does not apply to a revocation of certification under sub. (4d) (d).

237,393 Section 393 . 146.40 (4r) (am) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

146.40 (4r) (am) 1. Except as provided in subd. 2., an entity shall report to the department any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if the person is under the control of the entity.

2. An entity shall report to the department of regulation and licensing any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if that person holds a credential that is related to the person's employment at, or contract with, the entity if the person is under the control of the entity.

3. An entity that intentionally fails to report an allegation of misappropriation of the property of a client or of neglect or abuse of a client may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

237,393d Section 393d. 146.50 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (5) (a) Except as provided in s. ss. 146.51 and 146.52, the department shall license qualified applicants as ambulance service providers or emergency medical technicians. The department shall, from the information on the certification form specified under sub. (6) (c) 2., establish in each ambulance service provider's biennial license the primary service or contract area of the ambulance service provider.

237,393e Section 393e. 146.50 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (5) (b) The department shall promulgate rules establishing a system and qualifications for issuance of training permits, except as provided in s. ss. 146.51 and 146.52, and specifying the period for which an individual may hold a training permit.

237,393f Section 393f. 146.50 (5) (g) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (5) (g) Except as provided in s. ss. 146.51 and 146.52, an emergency medical technician license shall be issued to the individual licensed, and the department may not impose a requirement that an individual be affiliated with an ambulance service provider in order to receive an emergency medical technician license or to have an emergency medical technician license renewed.

237,393g Section 393g. 146.50 (6) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (6) (a) (intro.) Except as provided in s. ss. 146.51 and 146.52, to be eligible for an initial license as an emergency medical technician, an individual shall:

237,393h Section 393h. 146.50 (6) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (6) (b) 1. Except as provided in s. ss. 146.51 and 146.52, to be eligible for a renewal of a license as an emergency medical technician, the licensee shall, in addition to meeting the requirements of par. (a) 1., complete the training, education or examination requirements specified in rules promulgated under subd. 2.

237,393i Section 393i. 146.50 (6) (c) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (6) (c) (intro.) Except as provided in s. ss. 146.51 and 146.52, to be eligible for a license as an ambulance service provider, an individual shall be 18 years of age or older and have such additional qualifications as may be established in rules promulgated by the department, except that no ambulance service provider may be required to take training or an examination or receive education to qualify for licensure or for renewal of licensure. An ambulance service provider shall, as a condition of licensure, provide medical malpractice insurance sufficient to protect all emergency medical technicians who perform for compensation as employes of the ambulance service provider. For renewal of a biennial license as an ambulance service provider, an applicant shall also provide all of the following:

237,393j Section 393j. 146.50 (6g) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (6g) (a) Except as provided in s. ss. 146.51 and 146.52, the department shall certify qualified applicants for the performance of defibrillation, under certification standards that the department shall promulgate as rules.

237,393k Section 393k. 146.50 (7) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (7) Licensing in other jurisdictions. Except as provided in s. ss. 146.51 and 146.52, the department may issue a license as an emergency medical technician, without examination, to any individual who holds a current license or certificate as an emergency medical technician from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to those in this state, and that the applicant is otherwise qualified.

237,393L Section 393L. 146.50 (8) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (8) (a) Except as provided in s. ss. 146.51 and 146.52, the department shall certify qualified applicants as first responders — defibrillation.

237,393m Section 393m. 146.50 (8) (b) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (8) (b) To be eligible for initial certification as a first responder — defibrillation, except as provided in s. ss. 146.51 and 146.52, an individual shall meet requirements specified in rules promulgated by the department.

237,393n Section 393n. 146.50 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (8) (c) To be eligible for a renewal of a certificate as a first responder — defibrillation, except as provided in s. ss. 146.51 and 146.52, the holder of the certificate shall satisfactorily complete any requirements specified in rules promulgated by the department.

237,393p Section 393p. 146.50 (8) (f) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

146.50 (8) (f) Except as provided in s. ss. 146.51 and 146.52, the department may issue a certificate as a first responder — defibrillation, without requiring satisfactory completion of any instruction or training that may be required under par. (b), to any individual who holds a current license or certificate as a first responder from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to the standards for issuance of certificates for first responders — defibrillation in this state, and that the applicant is otherwise qualified.

237,393q Section 393q. 146.52 of the statutes is created to read:

146.52 Denial, nonrenewal and revocation of license, certification or permit based on tax delinquency. (1) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

(a) A license under s. 146.50 (5) (a) or (7).

(b) A training permit under s. 146.50 (5) (b).

(c) A certificate under s. 146.50 (6g) (a) or (8) (a) or (f).

(2) The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

(3) The department shall deny an application for the issuance or renewal of a license, certificate or permit specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

(4) The department shall deny an application for the issuance or renewal of a license, certificate or permit specified in sub. (1) or shall revoke a license, certificate or permit specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the license, certificate or permit is liable for delinquent taxes.

(5)   An action taken under sub. (3) or (4) is subject to review only as provided under s. 73.0301 (2) (b) and (5).

237,393rb Section 393rb. 149.115 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

149.115 Rules relating to creditable coverage. The commissioner, in consultation with the department, shall promulgate rules that specify how creditable coverage is to be aggregated for purposes of s. ss. 149.10 (2t) (a) and 149.14 (6) (b) 1. a. and that determine the creditable coverage to which s. ss. 149.10 (2t) (b) and (d) applies and 149.14 (6) (b) 1. b. and d. apply. The rules shall comply with section 2701 (c) of P.L. 104-191.

237,393re Section 393re. 149.14 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 149.14 (6) (b) 2. and amended to read:

149.14 (6) (b) 2. An eligible individual who obtains coverage under the plan on or after October 14, 1997 the effective date of this subdivision .... [revisor inserts date], may not be subject to any preexisting condition exclusion under the plan. An eligible individual who is covered under the plan on October 14, 1997 the effective date of this subdivision .... [revisor inserts date], may not be subject to any preexisting condition exclusion on or after October 14, 1997 the effective date of this subdivision .... [revisor inserts date].

237,393rg Section 393rg. 149.14 (6) (b) 1. of the statutes is created to read:

149.14 (6) (b) 1. In this paragraph, “eligible individual" means an individual for whom all of the following apply:

a. The aggregate of the individual's periods of creditable coverage is 18 months or more.

b. The individual's most recent period of creditable coverage was under a group health plan, governmental plan, federal governmental plan or church plan, or under any health insurance offered in connection with any of those plans.

c. The individual does not have health insurance and is not eligible for coverage under a group health plan or a state plan under title XIX of the federal Social Security Act or any successor program.

d. The individual's most recent period of creditable coverage was not terminated for any reason related to fraud or intentional misrepresentation of material fact or a failure to pay premiums.

e. If the individual was offered the option of continuation coverage under a federal continuation provision or similar state program, the individual elected the continuation coverage.

f. The individual has exhausted any continuation coverage under subd. 1. e.

237,393rj Section 393rj. 149.146 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 149.146 (1) (b) 2.

237,393rm Section 393rm. 149.146 (1) (b) 1. of the statutes is created to read:

149.146 (1) (b) 1. In this paragraph, “eligible individual" has the meaning given in s. 149.14 (6) (b) 1.

237,393rp Section 393rp. 150.31 (2r) of the statutes is created to read:

150.31 (2r) (a) The department may, on July 1, 1998, increase the statewide bed limit in sub. (1) by not more than 6 beds to permit the permanent and complete closure of a hospital and its partial conversion to a nursing home if the hospital seeking partial conversion:

1. Had, on January 1, 1998, an approved bed capacity of not more than 50 beds.

2. Is located north of USH 8.

3. Ceases to exist as an acute care hospital by July 1, 1998.

(b) The department shall decrease the number of beds authorized for increase under par. (a) by the amount of any addition in the actual number of available beds within the limit specified in sub. (1), up to 6 beds, that exists on July 1, 1998.

(c) The application to the department governing the permanent and complete closure of a hospital and partial conversion to a nursing home under par. (a) is exempt from the procedural requirements of this chapter.

237,393sb Section 393sb. 153.07 (5) of the statutes, as created by 1997 Wisconsin Act 231, is repealed.