2015 Wisconsin Act 55

2. Wisconsin Trust Account Foundation, Inc., enters into an agreement with the department that specifies the conditions for the use of the grant proceeds, and the conditions conform to the requirements under paragraph (c) and include training, reporting, and auditing requirements.

3. Wisconsin Trust Account Foundation, Inc., agrees in writing to submit to the department the reports required under paragraph (d) by the times required under paragraph (d).

(c) A grant under this subsection may be used only as follows:

1. Subject to subdivision 3., the grant may be used only to provide legal services in civil matters related to domestic abuse, sexual abuse, or restraining orders or injunctions for individuals at risk under section 813.123 of the statutes.

2. The recipients of the legal services must be individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose gross incomes are at or below 200 percent of the poverty line, as defined in section 49.001 (5) of the statutes. For purposes of this subdivision, gross income shall be determined in the same way as gross income is determined for purposes of eligibility for a Wisconsin Works employment position, as defined in section 49.141 (1) (r) of the statutes, including the exclusion of any payments or benefits made under any federal law that exempts those payments or benefits from consideration in determining eligibility for any federal means-tested program.

3. The legal services may be provided only in matters for which federal Temporary Assistance for Needy Families block grant funds under 42 USC 601 et seq. may be used.

4. The grant proceeds may not be used for legal services for litigation against the state.

(d) 1. If the department makes a grant under this subsection in fiscal year 2015-16, Wisconsin Trust Account Foundation, Inc., shall submit to the department, within 3 months after spending the full amount of that grant, a report detailing how the grant proceeds were used. The department may not make a grant in fiscal year 2016-17 unless Wisconsin Trust Account Foundation, Inc., submits the report under this subdivision within the time required and the department determines that the grant proceeds were used in accordance with the approved plan under paragraph (b) 1., the agreement under paragraph (b) 2., and the requirements under paragraph (c).

2. If the department makes a grant under this subsection in fiscal year 2016-17, Wisconsin Trust Account Foundation, Inc., shall submit to the department, within 6 months after spending the full amount of that grant, a report detailing how the grant proceeds were used.

(e) The department may not pay grant proceeds under this subsection after June 30, 2017.

(2r) Milwaukee child welfare employee retention plan. The department of children and families shall submit to the joint committee on employment relations an employee retention plan for the subunit of that department responsible for administering child welfare services in a county having a population of 750,000 or more. If the joint committee on employment relations approves that plan, the appropriation under section 20.437 (1) (cw) of the statutes shall be supplemented from the appropriation under section 20.865 (4) (a) of the statutes by $500,000 in each of fiscal years 2015-16 and 2016-17 for the purpose of implementing that plan and the department of children and families shall use those moneys to implement that plan.

55,9108 Section 9108. Nonstatutory provisions; Corrections.

(1) Transfer of youth aids, community-based juvenile delinquency-related services, and services provided for juveniles in need of protection or services.

(a) Definitions. In this section:

1. "Community-based juvenile delinquency-related services" has the meaning given in section 49.11 (1c) of the statutes, as created by this act.

2. "Youth aids" means community youth and family aids allocated under section 48.526 of the statutes, as affected by this act.

(b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of corrections that are primarily related to the allocation of youth aids, the supervision of community-based juvenile delinquency-related services, or the supervision of services provided for juveniles in need of protection or services, as determined by the secretary of administration, shall become the assets and liabilities of the department of children and families.

(c) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of corrections performing duties that are primarily related to the allocation of youth aids, the supervision of community-based juvenile delinquency-related services, or the supervision of services provided for juveniles in need of protection or services, as determined by the secretary of administration, are transferred to the department of children and families.

(d) Employee status. Employees transferred under paragraph (c) have all the rights and the same status under chapter 230 of the statutes in the department of children and families that they enjoyed in the department of corrections immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

(e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of corrections that is primarily related to the allocation of youth aids, the supervision of community-based juvenile delinquency-related services, or the supervision of services provided for juveniles in need of protection or services, as determined by the secretary of administration, is transferred to the department of children and families.

(f) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to the allocation of youth aids, the supervision of community-based juvenile delinquency-related services, or the supervision of services provided for juveniles in need of protection or services, as determined by the secretary of administration, is transferred to the department of children and families. All materials submitted to or actions taken by the department of corrections with respect to the pending matter are considered as having been submitted to or taken by the department of children and families.

(g) Contracts. All contracts entered into by the department of corrections in effect on the effective date of this paragraph that are primarily related to the allocation of youth aids, the supervision of community-based juvenile delinquency-related services, or the supervision of services provided for juveniles in need of protection or services, as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any obligations under those contracts unless modified or rescinded by the department of children and families to the extent allowed under the contract.

(h) Rules and orders. All rules promulgated by the department of corrections in effect on the effective date of this paragraph that are primarily related to the allocation of youth aids, the supervision of community-based juvenile delinquency-related services, or the supervision of services provided for juveniles in need of protection or services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of corrections in effect on the effective date of this paragraph that are primarily related to the allocation of youth aids, the supervision of community-based juvenile delinquency-related services, or the supervision of services provided for juveniles in need of protection or services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.

(1d) Opioid addiction treatment pilot program.

(a) Department to submit plan. Before January 1, 2016, the department of corrections shall submit to the joint committee on finance a request for the release of funds from the appropriation under section 20.865 (4) (a) of the statutes and a detailed plan for implementing a pilot program for treating offenders who have been assessed with an opiate addiction.

(b) Passive review. If, within 14 working days after the date on which the joint committee on finance receives the plan submitted under paragraph (a), the cochairpersons of the committee do not notify the department of corrections that the committee has scheduled a meeting to review the plan, the funding shall be released and the department of corrections may implement the plan. If, within 14 working days after the date on which the committee receives the plan, the cochairpersons of the committee notify the department of corrections that the committee has scheduled a meeting to review the plan, the funding may be released, and the department of corrections may implement the plan, only upon approval by the committee.

55,9112 Section 9112. Nonstatutory provisions; Employee Trust Funds.

(1c) Appointments to group insurance board. Notwithstanding section 15.07 (1) (c) of the statutes, the terms of the 6 members of the group insurance board appointed by the governor under section 15.165 (2), 2013 stats., shall terminate on the effective date of this subsection. Each appointed member may continue to hold office and exercise the powers and duties of that office until his or her successor under section 15.165 (2) (j) of the statutes, as affected by this act, is appointed and qualified.

(3j) Submission of proposed changes to group health insurance programs for 2016 calendar year coverage. Notwithstanding section 40.03 (6) (L) of the statutes, as created by this act, the group insurance board shall submit proposed changes to the group health insurance programs under subchapter IV of chapter 40 of the statutes, other than programs under sections 40.51 (7) and 40.55 of the statutes, for the 2016 calendar year to the joint committee on employment relations. The group insurance board shall submit the proposed changes no later than 30 days after the effective date of this subsection. The group insurance board may not implement any changes in the group health insurance programs for the 2016 calendar year unless approved by the joint committee on employment relations. The joint committee on employment relations shall hold a public hearing on the proposed changes. No later than 30 days after the group insurance board has submitted the proposed changes to the joint committee on employment relations, the joint committee on employment relations shall approve, disapprove, or approve with modifications the proposed changes and shall notify the governor of its actions. Within 10 calendar days of the notification under this subsection, the governor shall approve or reject in its entirety the proposed changes approved by the joint committee on employment relations. A vote of 6 members of the joint committee on employment relations may override any rejection of the governor.

55,9118 Section 9118. Nonstatutory provisions; Health Services.

(1) Community mental health allocation. Notwithstanding section 46.40 (7m) of the statutes, as created by this act, the department of health services may distribute one-half of the amount allocated for community mental health services in fiscal year 2015-16 after the effective date of this subsection.

(1q) Community mental health services funds. Before developing a method for distributing community mental health services funds under section 46.40 (7m) of the statutes, as created by this act, for 2016 and thereafter, the department of health services shall consult with the Wisconsin Counties Association and other persons and organizations with an interest in mental health services on the distribution method. The department of health services before implementing the distribution method shall submit the proposed distribution method to the joint committee on finance. If the cochairpersons of the committee do not notify the department of health services within 14 working days after the date of the submittal of the proposed distribution method by the department of health services that the committee has scheduled a meeting for the purpose of reviewing the proposed distribution method, the department of health services shall implement the proposed distribution method as submitted to the committee. If, within 14 working days after the date of the submittal of the proposed distribution method by the department of health services, the cochairpersons of the committee notify the department of health services that the committee has scheduled a meeting for the purpose of reviewing the proposed distribution method, the department of health services may implement the proposed distribution method only as approved by, or as modified and approved by, the committee.

(2) Transfer of food safety, recreational facilities, and lodging.

(a) Assets and liabilities. The assets and liabilities of the department of health services that the secretary of administration determines to be primarily related to food, lodging, and recreation oversight under sections 252.18, 254.47, and 254.61 to 254.87, 2013 stats., become the assets and liabilities of the department of agriculture, trade and consumer protection on the effective date of this paragraph.

(b) Employee transfer. All incumbent employees who hold positions in the department of health services performing duties that the secretary of administration determines to be primarily related to sections 252.18, 254.47, and 254.61 to 254.87, 2013 stats., and the full-time equivalent positions held by those employees, are transferred to the department of agriculture, trade and consumer protection on the effective date of this paragraph.

(c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under chapter 230 of the statutes in the department of agriculture, trade and consumer protection that they enjoyed in the department of health services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health services that the secretary of administration determines to be primarily related to food, lodging, and recreation oversight under sections 252.18, 254.47, and 254.61 to 254.87, 2013 stats., is transferred to the department of agriculture, trade and consumer protection.

(e) Contracts. All contracts that were entered into by the department of health services that the secretary of administration determines to be primarily related to food, lodging, and recreation oversight under sections 252.18, 254.47, and 254.61 to 254.87, 2013 stats., and that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

(f) Rules and orders. All rules in chapters DHS 172, 175, 178, 192, 195, 196, 196 appendix, 197, and 198, Wisconsin administrative code, and all other rules promulgated, and all orders issued, by the department of health services that the secretary of administration determines to be primarily related to sections 252.18, 254.47, and 254.61 to 254.87, 2013 stats., and that are in effect on the effective date of this paragraph shall remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

(g) Pending matters. Any matter pending with the department of health services on the effective date of this paragraph that the secretary of administration determines to be related to food, lodging, and recreation oversight under section 252.18 or 254.47, or sections 254.61 to 254.87, 2013 stats., is transferred to the department of agriculture, trade and consumer protection, and all materials submitted to or actions taken by the department of health services with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

(3) Transfer of body art and tanning facility regulation functions to the department of safety and professional services.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., become the assets and liabilities of the department of safety and professional services.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., as determined by the secretary of administration, is transferred to the department of safety and professional services.

(c) Pending matters. Any matter pending with the department of health services that is primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., on the effective date of this paragraph is transferred to the department of safety and professional services. All materials submitted to or actions taken by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., are considered as having been submitted to or taken by the department of safety and professional services.

(d) Contracts. All contracts entered into by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., in effect on the effective date of this paragraph remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

(e) Rules and orders. All rules in chapters DHS 161 and DHS 173, Wisconsin Administrative Code, and any other rules promulgated by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

(f) Credential fees. Notwithstanding sections 463.10 (3), 463.12 (3), and 463.25 (2) (b) of the statutes, fees for the issuance and renewal of licenses and permits issued under sections 463.10, 463.12, and 463.25 of the statutes shall, for years 2015 and 2016, be according to the rules described under paragraph (e).

(3g) Nursing home bed transfer.

(a) In this section, "nursing home" has the meaning given in section 50.01 (3) of the statutes.

(b) Notwithstanding sections 150.33, 150.35, and 150.39 of the statutes, from the nursing home beds that are available under section 150.31 of the statutes, the department of health services shall, following submission of the application under paragraph (c), redistribute 3 beds to a nursing home that satisfies all of the following:

1. On the effective date of this subdivision, it has a licensed bed capacity of no more than 75.

2. On the effective date of this subdivision, it is covered by a permit under section 647.02 of the statutes.

3. On the effective date of this subdivision, it is located in a county that has a population of at least 380,000 and that is adjacent to a county that has a population of at least of 750,000.

(c) A person may not receive approval for the beds unless the person submits to the department of health services, on a form provided by the department, an application that meets the requirements under section 150.33 (2) of the statutes.

(3q) Advanced life support training grant. From the appropriation account under section 20.435 (1) (ch) of the statutes the department of health services shall allocate as a grant to an entity that provides or facilitates advanced life support training to physicians, physician's assistants, nurse practitioners, registered nurses, and emergency medical technicians — paramedics, who work in rural areas in this state, $20,000 in each fiscal year of the 2015-2017 fiscal biennium.

(4f) Healthy aging grant. From the appropriation account under section 20.435 (7) (cx) of the statutes the department of health services shall allocate as a grant $200,000 in each fiscal year of the 2015-17 fiscal biennium to a private, nonprofit entity that conducts all of the following activities:

(a) Coordinating the implementation of evidence-based health promotion

programs in healthy aging.

(b) Coordinating with academic and research institutes regarding research on healthy aging.

(c) Serving as a statewide clearinghouse on evidence-based disease prevention and health promotion programs.

(d) Providing training and technical assistance to the staff of county departments, administering agencies, and other providers of services to aging populations.

(e) Collecting and disseminating information on disease prevention and health promotion in healthy aging populations.

(f) Coordinating public awareness activities related to disease prevention and health promotion in aging populations.

(g) Advising the department of health services on public policy issues concerning disease prevention and health promotion in aging.

(4u) Labor region methodology study. The department of health services shall study the labor region methodology, including the methodology under section 49.45 (6m) (ar) of the statutes, used to assist with the determination of Medical Assistance reimbursement rates, and no later than July 1, 2016, shall submit to the legislature under section 13.172 (2) of the statutes an implementation plan for incorporating any necessary changes to labor region methodology such that the proposed labor region methodology results in adjustments to direct care costs that reflect labor costs for nursing homes in each county. The department of health services may not implement any proposed changes to labor region methodology without the enactment of legislation.

(5) Requirements for FoodShare employment and training program drug screening. The department of health services shall address, in the department's biennial budget request under section 16.42 of the statutes for the 2017-19 fiscal biennium, any future fiscal impact resulting from actions taken under section 49.79 (9) (d) of the statutes, as created by this act.

(6) Requirements for assistance for childless adults demonstration project. If, during the 2015-17 fiscal biennium, the secretary of the federal department of health and human services approves, in whole or in part, the amendment to the waiver under section 49.45 (23) (a) of the statutes that is requested under section 49.45 (23) (g) 1. of the statutes, as created by this act, the department of health services shall do all of the following:

(a) Identify, in its quarterly report to the joint committee on finance under section 49.45 (2n) of the statutes, any costs incurred or savings realized in the 2015-17 fiscal biennium as a result of actions taken under section 49.45 (23) (g) 1. a. to e. of the statutes, as created by this act, as approved by the secretary of the federal department of health and human services.

(b) Address, in the department's biennial budget request under section 16.42 of the statutes for the 2017-19 fiscal biennium, any future fiscal impact resulting from actions taken under section 49.45 (23) (g) 1. a. to e. of the statutes, as created by this act, as approved by the secretary of the federal department of health and human services.

(7) Mental health crisis services grants. From the appropriation account under section 20.435 (2) (gk) of the statutes, the department of health services shall award a total of $1,500,000 in fiscal year 2015-16 as onetime grants to counties for mental health crisis services.

(7g) County-to-county nursing home bed transfers. The department of health services shall develop a policy that specifies procedures for applying for, and receiving approval of, the transfer of available, licensed nursing home beds among counties under section 150.345 of the statutes. The department of health services shall submit a report on the resulting policy to the joint committee on finance no later than July 1, 2016.

(9) Changes to family care program.

(a) Definitions. In this subsection:

1. "Department" means the department of health services.

2. "Family care program" means the program under sections 46.2805 to 46.2895 of the statutes that provides the family care benefit as defined in section 46.2805 (4) of the statutes.

3. "IRIS" means the self-directed services option program, known as Include, Respect, I Self-direct, operated by the department under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c).

(b) Family care in all counties. The department shall request any approval or submit any waiver request necessary to the federal department of health and human services to administer the family care program in every county in the state. If the federal department of health and human services does not disapprove the request, the department shall ensure that the family care program is available to eligible residents of every county in the state by January 1, 2017, or by a date specified by the department, whichever is later. If the department specifies a later date than January 1, 2017, it shall submit a notice of that date to the legislative reference bureau for publication in the Wisconsin Administrative Register. If the federal department of health and human services does not disapprove the request, the department is not required to comply with section 46.281 (1g) (b) of the statutes to expand the family care program to every county in the state.

(c) Waiver request; generally. Subject to paragraphs (d) and (e), the department shall request from the federal department of health and human services a state plan amendment or an amendment to the waiver under which the family care program and IRIS operate that includes all of the following:

1. Providing both long-term care and primary and acute care services through integrated health agencies to long-term care consumers whose care is reimbursed by the Medical Assistance program and including, to the extent allowable by the federal department of health and human services, long-term care consumers who receive both Medical Assistance and Medicare funded services.

2. Increasing the size of regions currently served by care management organizations under the family care program such that each region has sufficient population to allow for adequate risk management by integrated health agencies.

3. Subject to subdivision 2., designating no fewer than 5 regions in the state.

4. Specifying that each one of the regions under subdivision 3. is served by multiple integrated health agencies.

5. Requiring integrated health agencies to make available a consumer-directed option under the long-term care program in which the integrated health agency would assist individuals in developing individualized support and services plans, ensure that all services are paid according to the plan, and assist enrollees in managing all fiscal requirements, including the ability to select, direct, and employ persons offering any of the services available under the IRIS program as of July 1, 2015, and the ability to manage, using the services of an integrated health agency serving as a fiscal intermediary, an individual home and community-based services budget allowance based on a functional assessment performed by a qualified entity and the availability of family and other caregivers who can help provide needed support.

6. Modifying the state's long-term care program, including allowing for audits of providers, in order to improve accountability in the provision of services.

7. Establishing an open enrollment period for the state's long-term care program that coincides with the open enrollment period for the Medicare program .

8. Requiring that rates paid to integrated health agencies for services are set through an independent, actuarial study.

9. Preserving, for a minimum of 3 years in each region after the date of implementation of the waiver under this paragraph in that region, the requirement that an integrated health agency contract for long-term care services with any long-term care service provider that agrees to accept the reimbursement rate that the integrated health agency pays to similar providers for the same services and satisfies any quality of care, utilization, or other criteria that the integrated health agency requires of other providers with which it contracts to provide the same long-term care services.

(d) Consultation with stakeholders; key principles. Before developing its final waiver or state plan amendment request to be submitted to the joint committee on finance under paragraph (e), the department shall do all of the following:

1. Consult with persons interested in the long-term care program, including representatives of consumers of long-term care and long-term care providers and the public.