Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,328,15 b. Estimate the amount of enrollee premiums that will be received under sub. (1) (b) 1. a.

AB100-ASA1-AA8,328,21 c. If the amount estimated to be received under subd. 1. a. is less than the amount estimated to be received under subd. 1. b., direct the plan administrator to provide to the department, prior to the beginning of the plan year and according to procedures specified by the department, the amount of the difference. The department shall deposit all amounts received under this subd. 1. c. in the appropriation account under s. 20.435 (5) (gh).

AB100-ASA1-AA8,329,2 2. After making the determinations under subd. 1., by rule set premium rates for the new plan year, including the rates under s. 149.146 (2) (b), in the manner specified in sub. (1) (b) 1. a. and c. and such that a rate for coverage under s. 149.14 is not less than 150% nor more than 200% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as are provided under the plan.

AB100-ASA1-AA8,329,6 3. By rule set the total insurer assessments under s. 149.13 for the new plan year by estimating and setting the assessments at the amount necessary to equal the amounts specified in sub. (1) (b) 1. d. and 2. a. and notify the commissioner of the amount.

AB100-ASA1-AA8,329,9 4. By the same rule as under subd. 3. adjust the provider payment rate for the new plan year by estimating and setting the rate at the level necessary to equal the amounts specified in sub. (1) (b) 1. d. and 2. b. and as provided in s. 149.145.

AB100-ASA1-AA8,329,15 (b) In setting the premium rates under par. (a) 2., the insurer assessment amount under par. (a) 3. and the provider payment rate under par. (a) 4. for the new plan year, the department shall include any increase or decrease necessary to reflect the amount, if any, by which the rates and amount set under par. (a) for the current plan year differed from the rates and amount which would have equaled the amounts specified in sub. (1) (b) in the current plan year.

AB100-ASA1-AA8,329,25 (3) (a) If, during a plan year, the department determines that the amounts estimated to be received as a result of the rates and amount set under sub. (2) (a) 2. to 4. and any adjustments in insurer assessments and the provider payment rate under s. 149.144 will not be sufficient to cover plan costs, the department may by rule increase the premium rates set under sub. (2) (a) 2. for the remainder of the plan year, subject to s. 149.146 (2) (b) and the maximum specified in sub. (2) (a) 2., by rule increase the assessments set under sub. (2) (a) 3. for the remainder of the plan year, subject to sub. (1) (b) 2. a., and by the same rule under which assessments are increased adjust the provider payment rate set under sub. (2) (a) 4. for the remainder of the plan year, subject to sub. (1) (b) 2. b.

AB100-ASA1-AA8,330,6 (b) If, after increasing premium rates and insurer assessments and adjusting the provider payment rate under par. (a), the department determines that there will still be a deficit and that premium rates have been increased to the maximum extent allowable under par. (a), the department shall further adjust, in equal proportions, assessments set under sub. (2) (a) 3. and the provider payment rate set under sub. (2) (a) 4., without regard to sub. (1) (b) 2.

AB100-ASA1-AA8,330,10 (3m) Subject to s. 149.14 (4m), insurers and providers may recover in the normal course of their respective businesses without time limitation assessments or provider payment rate adjustments used to recoup any deficit incurred under the plan.".

AB100-ASA1-AA8,330,11 1082. Page 1357, line 24: delete "discount" and substitute "payment".

AB100-ASA1-AA8,330,12 1083. Page 1358, line 2: after that line insert:

AB100-ASA1-AA8,330,13 " Section 3026p. 149.145 of the statutes is created to read:

AB100-ASA1-AA8,330,23 149.145 Program budget. The department, in consultation with the board, shall establish a program budget for each plan year. The program budget shall be based on the provider payment rates specified in s. 149.15 (3) (e) and in the most recent provider contracts that are in effect and on the funding sources specified in s. 149.143 (1), including the methodologies specified in ss. 149.143, 149.144 and 149.146 for determining premium rates, insurer assessments and provider payment rates. Except as otherwise provided in s. 149.143 (3) (a) and (b), from the program budget the department shall derive the actual provider payment rate for a plan year that reflects the providers' proportional share of the plan costs, consistent with ss. 149.143 and 149.144.".

AB100-ASA1-AA8,330,24 1084. Page 1358, line 6: after that line insert:

AB100-ASA1-AA8,331,1 " Section 3027r. 149.15 (3) (f) of the statutes is created to read:

AB100-ASA1-AA8,331,3 149.15 (3) (f) Advise the department on the choice of coverage under s. 149.146.".

AB100-ASA1-AA8,331,4 1085. Page 1358, line 10: delete lines 10 and 11 and substitute:

AB100-ASA1-AA8,331,5 "149.16 (1) The fiscal agent under s. 49.45 (2) (b) 2. shall administer the plan.

AB100-ASA1-AA8, s. 3031m Section 3031m. 149.20 of the statutes is created to read:

AB100-ASA1-AA8,331,8 149.20 Rule-making in consultation with board. In promulgating any rules under this chapter, the department shall consult with the board.".

AB100-ASA1-AA8,331,9 1086. Page 1372, line 7: after that line insert:

AB100-ASA1-AA8,331,10 " Section 3087m. 154.17 (1) of the statutes is amended to read:

AB100-ASA1-AA8,331,15 154.17 (1) "Do-not-resuscitate bracelet" means a standardized identification bracelet of uniform size, color, and design, approved by the department, that bears the inscription "Do Not Resuscitate" and signifies that the wearer is a qualified patient who has obtained a do-not-resuscitate order and that the wearer has not revoked the request for the order has not been revoked.

AB100-ASA1-AA8, s. 3087n Section 3087n. 154.19 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA8,331,18 154.19 (1) (b) The Except as provided in s. 154.225 (2), the patient requests the order.

AB100-ASA1-AA8, s. 3087p Section 3087p. 154.19 (1) (bm) of the statutes is created to read:

AB100-ASA1-AA8,331,21 154.19 (1) (bm) Except as provided in s. 154.225 (2), the patient consents to the order after being provided the information specified in sub. (2) (a).

AB100-ASA1-AA8, s. 3087q Section 3087q. 154.19 (1) (d) of the statutes is amended to read:

AB100-ASA1-AA8,331,24 154.19 (1) (d) The Except as provided in s. 154.225 (2), the patient signs the order.

AB100-ASA1-AA8, s. 3087qm Section 3087qm. 154.19 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA8,332,6 154.19 (2) (a) Upon issuing the do-not-resuscitate order, the The attending physician, or a person directed by the attending physician, shall provide the patient with written information about the resuscitation procedures that the patient has chosen to forego and the methods by which the patient may revoke the do-not-resuscitate order.

AB100-ASA1-AA8, s. 3087r Section 3087r. 154.19 (3) (b) 1. of the statutes is amended to read:

AB100-ASA1-AA8,332,9 154.19 (3) (b) 1. The patient has revoked the order is revoked under s. 154.21 or 154.225 (2).

AB100-ASA1-AA8, s. 3087s Section 3087s. 154.225 of the statutes is created to read:

AB100-ASA1-AA8,332,11 154.225 Guardians and health care agents. (1) In this section:

AB100-ASA1-AA8,332,12 (a) "Guardian" has the meaning given in s. 51.40 (1) (f).

AB100-ASA1-AA8,332,13 (b) "Health care agent has the meaning given in s. 155.01 (4).

AB100-ASA1-AA8,332,14 (c) "Incapacitated" has the meaning given in s. 50.06 (1).

AB100-ASA1-AA8,332,20 (2) The guardian or health care agent of an incapacitated qualified patient may request a do-not-resuscitate order on behalf of that incapacitated qualified patient and consent to the order and sign it after receiving the information specified in s. 154.19 (2) (a). The guardian or health care agent of an incapacitated qualified patient may revoke a do-not-resuscitate order on behalf of the incapacitated qualified patient by any of the following methods:

AB100-ASA1-AA8,332,25 (a) The guardian or health care agent directs an emergency medical technician, first responder or a person who serves as a member of an emergency health care facility's personnel to resuscitate the patient. The emergency medical technician, first responder or the member of the emergency health care facility shall promptly remove the do-not-resuscitate bracelet.

AB100-ASA1-AA8,333,2 (b) The guardian or health care agent defaces, burns, cuts or otherwise destroys the do-not-resuscitate bracelet.

AB100-ASA1-AA8,333,3 (c) The guardian or health care agent removes the do-not-resuscitate bracelet.

AB100-ASA1-AA8, s. 3087t Section 3087t. 154.25 (6) of the statutes is amended to read:

AB100-ASA1-AA8,333,9 154.25 (6) Valid do-not-resuscitate bracelet. A do-not-resuscitate bracelet that has not been removed, altered or tampered with in any way shall be presumed valid, unless the patient, the patient's guardian or the patient's health care agent expresses to the emergency medical technician, first responder or emergency health care facility personnel the patient's desire to be resuscitated.

AB100-ASA1-AA8, s. 3092c Section 3092c. 165.08 of the statutes is amended to read:

AB100-ASA1-AA8,333,20 165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor, except that a civil action prosecuted by the department under s. 165.251 may be compromised or discontinued only with the approval of the person who requested legal representation from the department. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.".

AB100-ASA1-AA8,333,21 1087. Page 1372, line 12: after that line insert:

AB100-ASA1-AA8,333,22 " Section 3094g. 165.251 of the statutes is created to read:

AB100-ASA1-AA8,333,23 165.251 Actions to clear title. (1) Definitions. In this section:

AB100-ASA1-AA8,334,2 (a) "Family corporation" means a corporation qualifying under s. 182.001 (1) (a).

AB100-ASA1-AA8,334,4 (b) "Immediate family" means persons related as spouses, as siblings or as parent and child.

AB100-ASA1-AA8,334,6 (c) "Instrument relating to title" includes a deed, mortgage, lien, claim of lien, judgment or lis pendens.

AB100-ASA1-AA8,334,7 (d) "Local public office" has the meaning given in s. 19.42 (7w).

AB100-ASA1-AA8,334,8 (e) "Public office" means local public office or state public office.

AB100-ASA1-AA8,334,9 (f) "Public official" means a person holding a public office.

AB100-ASA1-AA8,334,13 (g) "Qualifying property" means real property owned in whole or in part by a public official, by a member of a public official's immediate family or by a family corporation in which a public official is a shareholder during the period of time public office was held.

AB100-ASA1-AA8,334,14 (h) "State public office" has the meaning given in s. 19.42 (13).

AB100-ASA1-AA8,334,17 (2) Representation upon request. The department of justice may provide legal representation to any person who requests the legal representation and who does all of the following:

AB100-ASA1-AA8,334,20 (a) Claims that title to qualifying property has been clouded by the false, fraudulent or frivolous filing, entry or recordation of any instrument relating to title during the period the affected real property was qualifying property.

AB100-ASA1-AA8,334,22 (b) Claims to be an owner in the qualifying property or a shareholder in a family corporation, if any, that owns the qualifying property.

AB100-ASA1-AA8,334,24 (c) Agrees to the conditional payment of the costs of legal representation under sub. (5).

AB100-ASA1-AA8,335,4 (3) Actions to clear title. If it decides to provide legal representation under sub. (2), the department of justice shall bring the actions that are necessary to clear clouds upon title to qualifying property from false, fraudulent or frivolous filings, entries or recordations of instruments relating to title.

AB100-ASA1-AA8,335,9 (4) Required finding. As part of any action brought under this section, the court shall make a finding of whether the instrument relating to title that is claimed to create a cloud upon the title was filed, entered or recorded with the authorization, consent or approval of the owner of the qualifying property or of any creditor having an interest in the qualifying property.

AB100-ASA1-AA8,335,17 (5) Conditional payment of costs of representation. Each person making a request under sub. (2) shall, as part of that request, agree to pay the costs of legal representation provided by the department of justice, if the court makes a finding under sub. (4) that the instrument relating to title was filed, entered or recorded with the authorization, consent or approval of the owner of the qualifying property or of any creditor having an interest in the qualifying property. If the court does not make such a finding, the person may not be required to pay any of the costs of the legal representation.

AB100-ASA1-AA8,335,23 (6) If payment required. If, upon the completion of all proceedings, the person who made the request under sub. (2) is subject to conditional payment of the costs of legal representation provided by the department of justice under sub. (5), the department of justice may charge the person an amount not exceeding the total cost of the legal representation provided. All payments collected by the department under this subsection shall be deposited in the general fund.

AB100-ASA1-AA8,335,25 (7) Limitation on representation. The department of justice may represent persons under this section at the trial level only.".

AB100-ASA1-AA8,336,2 1088. Page 1373, line 2: after "1997," insert "or on the effective date of this paragraph .... [revisor inserts date], whichever is later,".

AB100-ASA1-AA8,336,3 1089. Page 1374, line 10: after that line insert:

AB100-ASA1-AA8,336,4 " Section 3101g. 165.80 of the statutes is amended to read:

AB100-ASA1-AA8,336,11 165.80 Cooperation with other state departments. For the purpose of coordinating the work of the crime laboratories with the research departments located in the university of Wisconsin, the attorney general and the university of Wisconsin may agree for the use of university laboratories and university physical facilities and the exchange and utilization of personnel between the crime laboratories and the university. The university and crime laboratories cooperation council shall act in an advisory capacity to the attorney general.".

AB100-ASA1-AA8,336,12 1090. Page 1374, line 10: after that line insert:

AB100-ASA1-AA8,336,14 " Section 3103j. 165.83 (1) (c) of the statutes is renumbered 165.83 (1) (c) (intro.) and amended to read:

AB100-ASA1-AA8,336,15 165.83 (1) (c) (intro.) "Offense" means an any of the following:

AB100-ASA1-AA8,336,17 1. An act which that is committed by a person who has attained the age of 17 and that is a felony, or a misdemeanor or.

AB100-ASA1-AA8,336,19 3. An act that is committed by any person and that is a violation of a city, county, village or town ordinance.

AB100-ASA1-AA8, s. 3103k Section 3103k. 165.83 (1) (c) 2. of the statutes is created to read:

AB100-ASA1-AA8,336,23 165.83 (1) (c) 2. An act that is committed by a person who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

AB100-ASA1-AA8, s. 3103L Section 3103L. 165.83 (2) (a) 1. of the statutes is amended to read:

AB100-ASA1-AA8,337,2 165.83 (2) (a) 1. For an offense which is a felony or which would be a felony if committed by an adult.

AB100-ASA1-AA8, s. 3103m Section 3103m. 165.83 (2) (a) 2. of the statutes is amended to read:

AB100-ASA1-AA8,337,10 165.83 (2) (a) 2. For an offense which is a misdemeanor , which would be a misdemeanor if committed by an adult or which is a violation of an ordinance involving, and the offense involves burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, controlled substances or controlled substance analogs under ch. 961, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks.

AB100-ASA1-AA8, s. 3103n Section 3103n. 165.83 (2) (a) 3. of the statutes is amended to read:

AB100-ASA1-AA8,337,13 165.83 (2) (a) 3. For an offense charged or alleged as disorderly conduct but which relates to an act connected with one or more of the offenses under subd. 2.".

AB100-ASA1-AA8,337,14 1091. Page 1374, line 10: after that line insert:

AB100-ASA1-AA8,337,15 " Section 3110m. 165.85 (2) (f) of the statutes is amended to read:

AB100-ASA1-AA8,337,21 165.85 (2) (f) "Secure detention officer" means any person employed by any political subdivision of the state or by any private entity contracting under s. 938.222 to supervise, control or maintain a secure detention facility or the persons confined in a secure detention facility. "Secure detention officer" includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis.".

AB100-ASA1-AA8,337,22 1092. Page 1374, line 18: after that line insert:

AB100-ASA1-AA8,337,23 " Section 3116p. 166.20 (1) (a) of the statutes is repealed.

AB100-ASA1-AA8, s. 3116r Section 3116r. 166.20 (2) (intro.) of the statutes is amended to read: