8. Meaningful involvement of consumers, family members and guardians in the design, implementation and ongoing policy direction of the long-term care system.
9. The right of a county or tribe to opt or decline the option to be the single entry point for long-term care services or a care management organization for the area of the county's or tribe's jurisdiction, if the county or tribe meets established performance standards.
(b) The department of health and family services shall in an expeditious manner, request any waivers of federal laws that would be necessary to effectively implement, on July 1, 2000, the long-term care system described in paragraph (a).
(c) In preparing drafting instructions for proposed legislation, as specified in paragraph (a
), the department of health and family services shall take into consideration the recommendations of a steering committee that is appointed by the secretary of health and family services. The steering committee shall include long-term care consumers, family members of elderly and disabled adult individuals and leaders from state governmental, advocacy and long-term care service provider organizations.
(3t) Rules for expediting medical assistance eligibility determinations. Using the procedure under section 227.24 of the statutes, the department of health and family services shall promulgate rules required under section 49.45 (2) (a) 24. of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.45 (2) (a) 24. of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.
(3ty) Neonatal intensive care unit training grants.
(a) In this subsection:
1. “Developmentally supportive and family-centered care" includes all of the following:
a. Caregiving that is individualized, flexible and responsive to each infant, based on continuous skillful monitoring of the infant's behavioral and physiologic responses.
b. Modifications to the caregiving environment to minimize infant stress and promote optimal infant adjustment to his or her neonatal intensive care unit experience.
c. Support of the developing parent or family and infant relationship throughout the infant's neonatal intensive care unit stay and after discharge, using strategies that focus on developing parental competence in infant care through parental education, support and guidance in the practice of appropriate care.
2. “High-risk infant" means a neonatal child who has or is at risk of having serious physical disorders, biological complications or developmental impairment.
3. “Hospital" has the meaning given in section 50.33 (2) of the statutes.
4. “Neonatal" means within 4 weeks after birth.
5. “Neonatal intensive care unit" means a hospital unit in which are concentrated special equipment and skilled medical personnel for the care of high-risk infants requiring immediate or continuous attention.
(b) From the appropriation under section 20.435 (5) (er) of the statutes, the department of health and family services shall distribute up to $170,000 in each fiscal year to provide up to 10 grants to applying public or private hospitals to pay for specialized training and on-site consultation and support of medical personnel of neonatal intensive care units in the principles and practice of developmentally supportive and family-centered care for high-risk infants and their families. An individual who has demonstrated proficiency in training professional caregivers in developmentally supportive and family-centered care shall provide the training and consultation.
(c) The department of health and family services shall promulgate all of the following rules to implement this section:
1. Establishing the criteria and procedures for the awarding of grants under paragraph (b).
2. Defining “specialized training and on-site consultation and support". The rule shall include a minimum of 40 hours of formal training and 160 hours of practice work.
(3tz) Emergency rules for neonatal intensive care unit training grants. Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules defining “specialized training and on-site consultation and support" and regarding criteria and procedures for awarding grants under the neonatal intensive care unit training grant program under subsection (3ty) for the period before the effective date of the permanent rules promulgated under subsection (3ty) (c), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.
(4) Pilot project for county or tribal management of long-term care programs. From the appropriation under section 20.435 (6) (a) of the statutes, the department of health and family services shall contract in fiscal year 1998-99 with counties or tribes under a pilot project to demonstrate the ability of counties or tribes to manage all long-term care programs under a long-term care management organization.
(4d) Kinship care eligibility rules. The department of health and family services shall submit in proposed form the rules required under section 48.57 (3m) (ar) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than January 1, 1999.
(4e) Caretaker supplement for recipients of supplemental security income.
(a) Restriction on use of funds. The department of health and family services may not expend any moneys from the appropriation account under section 20.435 (7) (ed) of the statutes, as affected by this act, for the purpose of providing payments under section 49.775 of the statutes, as affected by this act, unless the department of health and family services receives official notification from the federal social security administration that states all of the following:
1. The portion of the payments made under section 49.775 of the statutes, as affected by this act, from general purpose revenue are considered state supplemental payments for the purpose of satisfying the maintenance-of-effort requirement under 42 USC 1382g.
2. The portion of the payments made under section 49.775 of the statutes, as affected by this act, from federal funds received under the federal temporary assistance for needy families block grant are not considered income for recipients of federal supplemental security income.
(b) Request for funds. If the department of health and family services determines that it does not have sufficient funds available to make payments under section 49.775 of the statutes, as affected by this act, the secretary of health and family services shall submit to the secretary of administration a request to transfer funds from the appropriation account under section 20.445 (3) (md) of the statutes to the appropriation account under section 20.435 (7) (ky) of the statutes in an amount sufficient to make the payments required under section 49.775 of the statutes, as affected by this act. The secretary of administration shall submit the request to the cochairpersons of the joint committee on finance. If within 14 days after the submittal of the request the cochairpersons do not notify the secretary of administration in writing that a meeting has been scheduled for the purpose of reviewing the request, the secretary of administration shall transfer the requested funds from the appropriation account under section 20.445 (3) (md) of the statutes to the appropriation account under section 20.435 (7) (ky) of the statutes.
(5k) Nursing home surveillance. The authorized FTE positions for the department of health and family services are increased by 0.5 FED position on January 1, 1999, to be funded from the appropriation under section 20.435 (6) (n) of the statutes, for the purpose of performing nursing home surveillance.
(5t)
Provision of dental services by the Marquette University School of Dentistry. The department of health and family services may not expend or encumber from the appropriation account under section 20.435 (5) (de) of the statutes $60,500 in each of fiscal years 1997-98 and 1998-99 for the provision of dental services by the Marquette University School of Dentistry under section 250.10 of the statutes in the Southside Guadalupe Dental Clinic. The department of health and family services shall, instead, expend from that appropriation account up to $60,500 in fiscal year 1997-98, and $60,500 in fiscal year 1998-99, for the provision of dental services by the Marquette University School of Dentistry under section 250.10 of the statutes in any other dental clinic in the city of Milwaukee.
237,9124
Section 9124.2
Nonstatutory provisions; historical society.
(1c) Director of H.H. Bennett Studios. The authorized FTE positions for the historical society are increased by 1.0 GPR position on January 1, 1999, to be funded from the appropriation under section 20.245 (2) (bj) of the statutes, as created by this act, for the directorship of the H.H. Bennett Studios. The historical society may not expend funds from the appropriation specified in this subsection in fiscal year 1998-99 without the approval of the secretary of administration.
237,9128
Section 9128.
Nonstatutory provisions; joint committee on finance.
(1x) Wisconsin sesquicentennial commission supplement. Notwithstanding section 13.101 (3) (a) of the statutes, the joint committee on finance is not required to find that an emergency exists to supplement the appropriation under section 20.395 (5) (qt) of the statutes, as created by this act.
237,9131
Section 9131.1
Nonstatutory provisions; legislature.
(1p) Audit of nonpoint source program. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial audit of the nonpoint source water pollution abatement program under section 281.65 of the statutes and of the long-term state financial obligations related to the program. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described under section 13.94 (1) (b) of the statutes by January 1, 2000.
(1z) Legislative reference bureau. Notwithstanding section 20.923 (6) (gm) of the statutes, as created by this act, and section 230.08 (2) (fc) of the statutes, as affected by this act, all employes who hold positions in the classified service of the state at the legislative reference bureau on the day before the effective date of this subsection shall remain in the classified service of the state until July 1, 1999, while holding a position at the legislative reference bureau.
(2k) Audit of responses to nursing home staffing complaints. The legislative audit bureau is requested to perform a performance evaluation audit of the adequacy of responses by the department of health and family services to complaints concerning inadequate staffing in particular nursing homes. If the legislative audit bureau performs the audit, the bureau shall begin the audit before July 1, 2000, and shall file its report as described under section 13.94 (1) (b) of the statutes by December 31, 2000.
(2t) Joint survey committee on retirement systems.
(a) In this subsection, “
eligible employe" means an employe of the University of Wisconsin System described under section 20.923 (4g), (4m), (5) or (6) (m) or 230.08 (2) (d) of the statutes, as affected by this act.
(b) The joint survey committee on retirement systems shall contract for an actuarial study of the impact of the creation of a University of Wisconsin optional retirement system for eligible employes on the Wisconsin retirement system.
(c) The joint survey committee on retirement systems shall report the results of the actuarial study to the president of the senate, the speaker of the assembly and the board of regents of the University of Wisconsin System no later than January 1, 1999.
237,9134
Section 9134.
Nonstatutory provisions; Medical College of Wisconsin.
(1) Family practice residency program. Of the moneys appropriated to the Medical College of Wisconsin, Inc., under section 20.250 (1) (b) of the statutes, $181,900 in fiscal year 1998-99 may be expended only to fund 2 additional family practice physicians for the family practice residency program. The 2 family practice physicians shall be allocated to maximize the number of family practice residents in the program.
237,9135
Section 9135.2
Nonstatutory provisions; military affairs.
(1d) Youth Challenge program. The authorized FTE positions for the department of military affairs are increased by 10.75 GPR positions to be funded from the appropriation under section 20.465 (4) (c) of the statutes for the purpose of administering the Youth Challenge program.
(2b) Youth Challenge program, federal. The authorized FTE positions for the department of military affairs are increased by 32.25 FED positions to be funded from the appropriation under section 20.465 (4) (m) of the statutes for the purpose of administering the Youth Challenge program.
(3c) Badger challenge program. The department of military affairs shall submit the proposed rules required under section 21.25 (1) of the statutes, as created by this act, to the legislative council staff for review under section 227.15 (1) of the statutes no later than September 1, 1998.
237,9136
Section 9136.
Nonstatutory provisions; natural resources.
(1) Snowmobile trail use stickers.
(a) Beginning on May 1, 1998, and ending on April 30, 1999, the procedures and fees specified in paragraphs (b) to (g) shall be used for the issuance of snowmobile trail use stickers in lieu of the procedure to be established under section 350.12 (3j) (e) of the statutes, as created in this act.
(b) The department of natural resources shall issue snowmobile trail use stickers.
(c) The clerk of each county shall also issue snowmobile trail use stickers. The department of natural resources shall provide each county clerk with forms for issuing these stickers. The county clerk shall only use these forms and shall retain a record of each sticker issued in the county clerk's office. The department of natural resources or its wardens may examine these records at any time.
(d) The department of natural resources and each county clerk shall collect an issuing fee of 75 cents for each snowmobile trail use sticker issued. The county clerk may keep the issuing fee to compensate the clerk for the clerk's services in issuing the sticker.
(e) The department of natural resources and each county clerk may appoint persons who are not employes of the department or the county to issue snowmobile trail use stickers. The appointee may retain 50 cents of each issuing fee collected to compensate the appointee for the appointee's services in issuing the sticker. The appointee shall remit the balance of the issuing fee not retained together with the fee collected for the sticker to the department of natural resources or the appointing county clerk, whichever is applicable. An appointing county clerk may retain the balance of the issuing fee not retained by the appointee.
(f) Each county clerk shall establish a procedure under which the clerk deposits the fees collected for snowmobile trail use stickers, other than issuing fees that are being retained, with the county treasurer within one week after the county clerk or the clerk's appointees receive the fees. Upon written order of the county clerk, the county treasurer shall remit to the department of natural resources by the 20th of each month for the preceding month the collected fees together with a statement showing the total amount remitted and the number of stickers issued.
(g) The department of natural resources may establish additional procedures for issuing snowmobile trail use stickers under this subsection. Notwithstanding section 227.10 (1) of the statutes, these procedures need not be promulgated as rules under chapter 227 of the statutes.
(1c) Hydrogeologist positions. The authorized FTE positions for the department of natural resources, funded from the appropriation under section 20.370 (2) (dh) of the statutes, are decreased by 3.0 PR hydrogeologist positions on July 1, 1998.
(1t) Gasoline vapor recovery grants.
(a) The owner or operator of a gasoline dispensing facility who is eligible for financial assistance under section 285.31 (5), 1995 stats., shall submit reimbursement requests and any other information required by the department of natural resources to the department no later than April 30, 1999.
(b) On July 1, 1999, the unexpended balance of the appropriation under section 20.370 (6) (cq) of the statutes, as created by this act, shall lapse to the petroleum inspection fund, including, notwithstanding section 20.002 (3m) of the statutes, any amount encumbered but unexpended on that date.
(2) Southeastern Wisconsin Fox River commission. The department of natural resources shall set aside in fiscal year 1997-98, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $75,000 for the Southeastern Wisconsin Fox River commission. The commission may use these funds for its activities authorized under subchapter VI of chapter 33 of the statutes and for providing matching funding for any grants that the commission may be able to obtain. This subsection does not apply after June 30, 2000.
(2d) Study of landfill remediation. The department of natural resources shall enter into a contract for a study of the landfill cleanup issue in this state. The study shall identify all closed landfills and estimate the cost of remedial action at all of those landfills. The department of natural resources shall also identify potential mechanisms for funding that remedial action, including mechanisms used successfully in other states. The department shall report the results of the study to the legislature in the manner provided under section 13.172 (2) of the statutes no later than January 15, 2000.
(2f) Miscellaneous recycling grants. On July 1, 1998, the department of natural resources shall award from the appropriation account under section 20.370 (6) (br) of the statutes, as affected by this act, the following grants:
(a) A grant of $100,000 to the Wheelchair Recycling Project, a part of the Madison chapter of the National Spinal Cord Injury Association for the purpose of refurbishing used wheelchairs and other mobility devices and returning them to use by persons who otherwise would not have access to needed or appropriate equipment.
(b) A grant of $409,800 to the department of corrections to be credited to the appropriation account under section 20.410 (1) (kx) of the statutes, as affected by this act, for the purpose of refurbishing and recycling used computers.
(2v) Nonpoint source project funding. The department of natural resources shall provide funding from the program under section 281.65 of the statutes, in an amount not to exceed $33,000, for the Sugar-Honey Creek priority watershed project in Racine and Walworth counties for cost-sharing grants to landowners. The department shall provide the funding from unencumbered
1998 calendar year program funds or, if insufficient 1998 calendar year funds remain, from program funds for the first 6 months of calendar year 1999.
(3c) Project position excluded from base. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1999 - 2001 biennial budget bill, the department of natural resources shall submit a dollar amount for the appropriation under section 20.370 (9) (mu) of the statutes that is $85,000 less than the total amount appropriated under section 20.370 (9) (mu) of the statutes for the 1998-99 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 1999-2001 fiscal biennium.
(3d) Proposed legislation on sustainable forestry practices.
(a) In this subsection, “
sustainable forestry" has the meaning given under section 28.04 (1) (e) of the statutes.
(b) No later than the first day of the 13th month beginning on the day after publication, the department of natural resources shall submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section 13.172 (3) of the statutes, proposed legislation in proper form to encourage the practice of sustainable forestry. The proposed legislation shall do all of the following:
1. Minimize constraints placed by state and local governments on the ability of private and public landowners to practice sustainable forestry.
2. Establish standards by which state and local governments can evaluate and make findings on the impact of the following on sustainable forestry:
a. Regulations.
b. Permit and license applications.
c. Ordinances.
d. Zoning variances.
e. Other administrative actions not covered under subdivisions 2. a. to d.
237,9138
Section 9138.3
Nonstatutory provisions; public defender board.
(1d) Private bar costs. The public defender board may request that the joint committee on finance supplement the appropriation under section 20.550 (1) (d) of the statutes from the appropriation under section 20.865 (4) (a) of the statutes for the 1998-99 fiscal year in an amount not to exceed $987,600 to pay for costs to the public defender board for reimbursement of private attorneys appointed to act as counsel for a child or an indigent person and for reimbursement for services of private investigators. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the appropriation under section 20.550 (1) (d) of the statutes may be supplemented under this subsection from the appropriation under section 20.865 (4) (a) of the statutes without a finding that an emergency exists.
(1z) Salary costs for staff attorneys. The public defender board may request that the joint committee on finance supplement, from the appropriation under section 20.865 (4) (a) of the statutes, staff attorney salary costs of the board for the 1997-98 fiscal year in an amount not to exceed $242,800 and for the 1998-99 fiscal year in an amount not to exceed $524,400. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the date of the board's submission, the appropriations shall be supplemented as provided in the request. If, within 14 working days after the date of the board's submission, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the request, the appropriations shall be supplemented only upon approval of the committee. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the joint committee on finance may supplement, from the appropriation under section 20.865 (4) (a) of the statutes, staff attorney salary costs of the public defender board for the 1997-98 and 1998-99 fiscal years without a finding that an emergency exists.
237,9139
Section 9139.4
Nonstatutory provisions; public instruction.
(1) Study of the Wisconsin School for the Visually Handicapped. The joint legislative council shall study the current mission of the Wisconsin School for the Visually Handicapped and the impact that closing that school would have on the lives of blind and visually impaired citizens and shall report its findings, conclusions and recommendations to the 1999 legislature when it convenes.
237,9141
Section 9141.5
Nonstatutory provisions; regulation and licensing.
(1g) Pharmacy examining board rules; administration of vaccines.
(a) Definitions. In this subsection:
1. “Administer" has the meaning given in section 450.01 (1) of the statutes.
2. “Board" means the pharmacy examining board.
3. “Department" means the department of regulation and licensing.
4. “Vaccination protocol" means a written protocol agreed to by a physician, as defined in section 448.01 (5) of the statutes, and a pharmacist that establishes procedures and record-keeping and reporting requirements for the administration of a vaccine by a pharmacist for a period specified in the protocol that may not exceed 2 years.
