Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,323,6 139.09 Registration. Every brewer, bottler, manufacturer, rectifier, wholesaler or retailer liable for payment of the occupational tax imposed in ss. 139.01 to 139.25 shall apply for hold a valid certificate under s. 73.03 (50). The secretary shall assign the person a registration number.".

AB100-ASA1-AA8,323,7 1067. Page 1343, line 10: delete "30" and substitute " 29.5".

AB100-ASA1-AA8,323,8 1068. Page 1343, line 13: delete "60" and substitute " 59".

AB100-ASA1-AA8,323,9 1069. Page 1344, line 25: after that line insert:

AB100-ASA1-AA8,323,10 " Section 2962j. 139.323 (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,323,15 139.323 Refunds to Indian tribes. (intro.) The department shall refund 70% 50%, unless this state and the tribe agree to a lower percentage, of the taxes collected under s. 139.31 (1) in respect to sales on reservations or trust lands of an Indian tribe to the tribal council of the tribe having jurisdiction over the reservation or trust land on which the sale is made if all the following conditions are fulfilled:".

AB100-ASA1-AA8,323,16 1070. Page 1348, line 8: delete lines 8 to 20 and substitute:

AB100-ASA1-AA8,323,17 " Section 2977c. 139.81 (1) of the statutes is amended to read:

AB100-ASA1-AA8,324,6 139.81 (1) No person may sell or take orders for tobacco products for resale in this state for any manufacturer or permittee without first obtaining unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit from the department. No manufacturer or permittee shall authorize any person to sell or take orders for tobacco products in this state without first having such person secure unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit. The fee for the permit is $2. Each application for a permit shall disclose the name and address of the employer and shall remain effective only while the salesperson represents the named employer. If the salesperson is thereafter employed by another manufacturer or permittee the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee shall notify the department within 10 days after the resignation or dismissal of any salesperson holding a permit.".

AB100-ASA1-AA8,324,7 1071. Page 1349, line 11: after that line insert:

AB100-ASA1-AA8,324,9 " Section 2979m. 139.91 of the statutes is renumbered 139.91 (1) and amended to read:

AB100-ASA1-AA8,324,12 139.91 (1) The department may not reveal facts obtained in administering this subchapter, except that the department may publish statistics that do not reveal the identities of dealers. Dealers

AB100-ASA1-AA8,324,14 (2) The department may not be required require dealers to provide any identifying information in connection with the purchase of stamps.

AB100-ASA1-AA8,324,20 (3) No information obtained by the department from a dealer as a result of the dealer's compliance with this subchapter may be used against a the dealer in any criminal proceeding unless that information has been independently obtained, except in connection with a proceeding involving possession of schedule I controlled substances or schedule II controlled substances on which the tax has not been paid or in connection with taxes due under s. 139.88 from the dealer.

AB100-ASA1-AA8, s. 2979mt Section 2979mt. 139.95 (4) of the statutes is created to read:

AB100-ASA1-AA8,324,23 139.95 (4) Any person who violates s. 139.91 (1) may be fined not more than $1,000 or imprisoned for not more than 60 days or both.

AB100-ASA1-AA8, s. 2979p Section 2979p. 139.96 of the statutes is renumbered 139.96 (1) and amended to read:

AB100-ASA1-AA8,325,6 139.96 (1) If taxes, penalties and interest are collected under this subchapter as a result of an arrest, the department of revenue shall pay the taxes, penalties and interest, less the charge for administrative costs under sub. (2), to the state or local law enforcement agency that made the arrest associated with the revenue.

AB100-ASA1-AA8, s. 2979q Section 2979q. 139.96 (2) of the statutes is created to read:

AB100-ASA1-AA8,325,12 139.96 (2) The department shall retain a portion of taxes, penalties and interest collected under sub. (1) that is equal to the actual costs related to the administration of this subchapter. No later than November 1 of each year, the department shall review the costs of administering this subchapter incurred in the previous fiscal year and shall adjust its charge under sub. (1) to reflect those costs.".

AB100-ASA1-AA8,325,13 1072. Page 1350, line 8: after that line insert:

AB100-ASA1-AA8,325,14 " Section 2986g. 146.19 (3) of the statutes is repealed.".

AB100-ASA1-AA8,325,15 1073. Page 1351, line 17: after that line insert:

AB100-ASA1-AA8,325,17 " Section 3009m. 146.89 (2) (a) 1. of the statutes is renumbered 146.89 (2) (a) and amended to read:

AB100-ASA1-AA8,325,22 146.89 (2) (a) A volunteer health care provider may participate under this section only if he or she submits a joint application with a nonprofit agency in a county that is specified under sub. (3) (a) 1. to the department of administration and that department approves the application. The department of administration shall provide application forms for use under this subdivision paragraph.

AB100-ASA1-AA8, s. 3009n Section 3009n. 146.89 (2) (a) 2. of the statutes is repealed.

AB100-ASA1-AA8, s. 3009p Section 3009p. 146.89 (3) (a) 1. of the statutes is repealed.

AB100-ASA1-AA8, s. 3009qs Section 3009qs. 146.89 (3) (a) 2. of the statutes is renumbered 146.89 (3) (a) and amended to read:

AB100-ASA1-AA8,326,6 146.89 (3) (a) The volunteer health care provider shall provide services under par. (b) without charge in any county, other than those counties specified in subd. 1., at the nonprofit agency, if the joint application of the volunteer health care provider and the nonprofit agency in that county has received approval under sub. (2) (a) 2.".

AB100-ASA1-AA8,326,7 1074. Page 1354, line 6: after that line insert:

AB100-ASA1-AA8,326,8 " Section 3019c. 149.10 (8b) of the statutes is created to read:

AB100-ASA1-AA8,326,10 149.10 (8b) "Plan administrator" means the fiscal agent specified in s. 149.16 (1).".

AB100-ASA1-AA8,326,12 1075. Page 1355, line 7: delete "Discounted payment" and substitute "Payment".

AB100-ASA1-AA8,326,15 1076. Page 1355, line 7: delete "A provider" and substitute "Except for copayments, coinsurance or deductibles required or authorized under the plan, a provider".

AB100-ASA1-AA8,326,17 1077. Page 1355, line 9: delete "discounted reimbursement" and substitute "payment".

AB100-ASA1-AA8,326,18 1078. Page 1355, line 9: delete "(2) (a) 3. and (3)".

AB100-ASA1-AA8,326,19 1079. Page 1355, line 12: delete "(2) (a) 3. or (3)".

AB100-ASA1-AA8,326,21 1080. Page 1355, line 15: delete ", administrative and subsidy" and substitute "and administrative".

AB100-ASA1-AA8,326,23 1081. Page 1355, line 18: delete the material beginning with that line and ending with page 1357, line 17, and substitute:

AB100-ASA1-AA8,327,1 "1. A total of 60% from the following sources, calculated as follows:

AB100-ASA1-AA8,327,7 a. First, from premiums from eligible persons with coverage under s. 149.14 set at 150% 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, including amounts received for premium and deductible subsidies under ss. 20.435 (5) (ah) and 149.144, and from premiums collected from eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b).

AB100-ASA1-AA8,327,9 b. Second, from the appropriation under s. 20.435 (5) (gh), to the extent that the amounts under subd. 1. a. are insufficient to pay 60% of plan costs.

AB100-ASA1-AA8,327,17 c. Third, by increasing premiums from eligible persons with coverage under s. 149.14 to more than 150% but not 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, including amounts received for premium and deductible subsidies under ss. 20.435 (5) (ah) and 149.144, and by increasing premiums from eligible persons with coverage under s. 149.146 in accordance with s. 149.146 (2) (b), to the extent that the amounts under subd. 1. a. and b. are insufficient to pay 60% of plan costs.

AB100-ASA1-AA8,327,22 d. Fourth, notwithstanding subd. 2., by increasing insurer assessments, excluding assessments under s. 149.144, and adjusting provider payment rates, excluding adjustments to those rates under ss. 149.144 and 149.15 (3) (e), in equal proportions and to the extent that the amounts under subd. 1. a. to c. are insufficient to pay 60% of plan costs.

AB100-ASA1-AA8,327,23 2. A total of 40% as follows:

AB100-ASA1-AA8,327,25 a. Fifty percent from insurer assessments, excluding assessments under s. 149.144.

AB100-ASA1-AA8,328,2 b. Fifty percent from adjustments to provider payment rates, excluding adjustments to those rates under ss. 149.144 and 149.15 (3) (e).

AB100-ASA1-AA8,328,6 (2) (a) Prior to each plan year, the department shall estimate the operating and administrative costs of the plan and the costs of the premium reductions under s. 149.165 and the deductible reductions under s. 149.14 (5) (a) for the new plan year and do all of the following:

AB100-ASA1-AA8,328,13 1. a. Estimate the amount of enrollee premiums that would be received in the new plan year if the enrollee premiums were set at a level sufficient, when including amounts received for premium and deductible subsidies under ss. 20.435 (5) (ah) and 149.144 and from premiums collected from eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b), to cover 60% of the estimated plan costs for the new plan year, after deducting from the estimated plan costs the amount available in the appropriation under s. 20.435 (5) (af) for that plan year.

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.