Amendment ASA1-AB768

AB768-ASA1,303,21 (b) The department may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,303,24 (c) The department shall deny an application for the issuance of a certification or approval specified in par. (a) if the applicant does not provide the information specified in par. (a).

AB768-ASA1,304,4 (d) The department shall deny an application for the issuance of a certification or approval specified in par. (a) or shall revoke a certification or approval if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.

AB768-ASA1,304,6 (e) An action taken under par. (c) or (d) is subject to review only as provided under s. 73.0301 (2) (b) and (5).

AB768-ASA1, s. 392 Section 392. 146.40 (4m) of the statutes is amended to read:

AB768-ASA1,304,23 146.40 (4m) An instructional and competency evaluation program under sub. (3) for which the department has suspended or revoked certification or imposed a plan of correction or a competency evaluation program under sub. (3m) for which the department has suspended or revoked approval or imposed a plan of correction may contest the department's action by sending, within 10 days after receipt of notice of the contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent. This subsection does not apply to a revocation of certification under sub. (4d) (d).

AB768-ASA1, s. 393 Section 393. 146.40 (4r) (am) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,305,4 146.40 (4r) (am) 1. Except as provided in subd. 2., an entity shall report to the department any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if the person is under the control of the entity.

AB768-ASA1,305,9 2. An entity shall report to the department of regulation and licensing any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if that person holds a credential that is related to the person's employment at, or contract with, the entity if the person is under the control of the entity.

AB768-ASA1,305,13 3. An entity that intentionally fails to report an allegation of misappropriation of the property of a client or of neglect or abuse of a client may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB768-ASA1, s. 393d Section 393d. 146.50 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,305,21 146.50 (5) (a) Except as provided in s. ss. 146.51 and 146.52, the department shall license qualified applicants as ambulance service providers or emergency medical technicians. The department shall, from the information on the certification form specified under sub. (6) (c) 2., establish in each ambulance service provider's biennial license the primary service or contract area of the ambulance service provider.

AB768-ASA1, s. 393e Section 393e. 146.50 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,306,2 146.50 (5) (b) The department shall promulgate rules establishing a system and qualifications for issuance of training permits, except as provided in s. ss. 146.51 and 146.52, and specifying the period for which an individual may hold a training permit.

AB768-ASA1, s. 393f Section 393f. 146.50 (5) (g) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,306,9 146.50 (5) (g) Except as provided in s. ss. 146.51 and 146.52, an emergency medical technician license shall be issued to the individual licensed, and the department may not impose a requirement that an individual be affiliated with an ambulance service provider in order to receive an emergency medical technician license or to have an emergency medical technician license renewed.

AB768-ASA1, s. 393g Section 393g. 146.50 (6) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,306,13 146.50 (6) (a) (intro.) Except as provided in s. ss. 146.51 and 146.52, to be eligible for an initial license as an emergency medical technician, an individual shall:

AB768-ASA1, s. 393h Section 393h. 146.50 (6) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,306,19 146.50 (6) (b) 1. Except as provided in s. ss. 146.51 and 146.52, to be eligible for a renewal of a license as an emergency medical technician, the licensee shall, in addition to meeting the requirements of par. (a) 1., complete the training, education or examination requirements specified in rules promulgated under subd. 2.

AB768-ASA1, s. 393i Section 393i. 146.50 (6) (c) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,307,6 146.50 (6) (c) (intro.) Except as provided in s. ss. 146.51 and 146.52, to be eligible for a license as an ambulance service provider, an individual shall be 18 years of age or older and have such additional qualifications as may be established in rules promulgated by the department, except that no ambulance service provider may be required to take training or an examination or receive education to qualify for licensure or for renewal of licensure. An ambulance service provider shall, as a condition of licensure, provide medical malpractice insurance sufficient to protect all emergency medical technicians who perform for compensation as employes of the ambulance service provider. For renewal of a biennial license as an ambulance service provider, an applicant shall also provide all of the following:

AB768-ASA1, s. 393j Section 393j. 146.50 (6g) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,307,11 146.50 (6g) (a) Except as provided in s. ss. 146.51 and 146.52, the department shall certify qualified applicants for the performance of defibrillation, under certification standards that the department shall promulgate as rules.

AB768-ASA1, s. 393k Section 393k. 146.50 (7) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,307,20 146.50 (7) Licensing in other jurisdictions. Except as provided in s. ss. 146.51 and 146.52, the department may issue a license as an emergency medical technician, without examination, to any individual who holds a current license or certificate as an emergency medical technician from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to those in this state, and that the applicant is otherwise qualified.

AB768-ASA1, s. 393L Section 393L. 146.50 (8) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,307,24 146.50 (8) (a) Except as provided in s. ss. 146.51 and 146.52, the department shall certify qualified applicants as first responders — defibrillation.

AB768-ASA1, s. 393m Section 393m. 146.50 (8) (b) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,308,5 146.50 (8) (b) To be eligible for initial certification as a first responder — defibrillation, except as provided in s. ss. 146.51 and 146.52, an individual shall meet requirements specified in rules promulgated by the department.

AB768-ASA1, s. 393n Section 393n. 146.50 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,308,11 146.50 (8) (c) To be eligible for a renewal of a certificate as a first responder — defibrillation, except as provided in s. ss. 146.51 and 146.52, the holder of the certificate shall satisfactorily complete any requirements specified in rules promulgated by the department.

AB768-ASA1, s. 393p Section 393p. 146.50 (8) (f) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,308,21 146.50 (8) (f) Except as provided in s. ss. 146.51 and 146.52, the department may issue a certificate as a first responder — defibrillation, without requiring satisfactory completion of any instruction or training that may be required under par. (b), to any individual who holds a current license or certificate as a first responder from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to the standards for issuance of certificates for first responders — defibrillation in this state, and that the applicant is otherwise qualified.

AB768-ASA1, s. 393q Section 393q. 146.52 of the statutes is created to read:

AB768-ASA1,309,3 146.52 Denial, nonrenewal and revocation of license, certification or permit based on tax delinquency. (1) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

AB768-ASA1,309,4 (a) A license under s. 146.50 (5) (a) or (7).

AB768-ASA1,309,5 (b) A training permit under s. 146.50 (5) (b).

AB768-ASA1,309,6 (c) A certificate under s. 146.50 (6g) (a) or (8) (a) or (f).

AB768-ASA1,309,9 (2) The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,309,12 (3) The department shall deny an application for the issuance or renewal of a license, certificate or permit specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

AB768-ASA1,309,17 (4) The department shall deny an application for the issuance or renewal of a license, certificate or permit specified in sub. (1) or shall revoke a license, certificate or permit specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the license, certificate or permit is liable for delinquent taxes.

AB768-ASA1,309,19 (5) An action taken under sub. (3) or (4) is subject to review only as provided under s. 73.0301 (2) (b) and (5).

AB768-ASA1, s. 393rb Section 393rb. 149.115 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,310,2 149.115 Rules relating to creditable coverage. The commissioner, in consultation with the department, shall promulgate rules that specify how creditable coverage is to be aggregated for purposes of s. ss. 149.10 (2t) (a) and 149.14 (6) (b) 1. a. and that determine the creditable coverage to which s. ss. 149.10 (2t) (b) and (d) applies and 149.14 (6) (b) 1. b. and d. apply. The rules shall comply with section 2701 (c) of P.L. 104-191.

AB768-ASA1, s. 393re Section 393re. 149.14 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 149.14 (6) (b) 2. and amended to read:

AB768-ASA1,310,11 149.14 (6) (b) 2. An eligible individual who obtains coverage under the plan on or after October 14, 1997 the effective date of this subdivision .... [revisor inserts date], may not be subject to any preexisting condition exclusion under the plan. An eligible individual who is covered under the plan on October 14, 1997 the effective date of this subdivision .... [revisor inserts date], may not be subject to any preexisting condition exclusion on or after October 14, 1997 the effective date of this subdivision .... [revisor inserts date].

AB768-ASA1, s. 393rg Section 393rg. 149.14 (6) (b) 1. of the statutes is created to read:

AB768-ASA1,310,14 149.14 (6) (b) 1. In this paragraph, "eligible individual" means an individual for whom all of the following apply:

AB768-ASA1,310,16 a. The aggregate of the individual's periods of creditable coverage is 18 months or more.

AB768-ASA1,310,19 b. The individual's most recent period of creditable coverage was under a group health plan, governmental plan, federal governmental plan or church plan, or under any health insurance offered in connection with any of those plans.

AB768-ASA1,310,22 c. The individual does not have health insurance and is not eligible for coverage under a group health plan or a state plan under title XIX of the federal Social Security Act or any successor program.

AB768-ASA1,310,25 d. The individual's most recent period of creditable coverage was not terminated for any reason related to fraud or intentional misrepresentation of material fact or a failure to pay premiums.

AB768-ASA1,311,3 e. If the individual was offered the option of continuation coverage under a federal continuation provision or similar state program, the individual elected the continuation coverage.

AB768-ASA1,311,4 f. The individual has exhausted any continuation coverage under subd. 1. e.

AB768-ASA1, s. 393rj Section 393rj. 149.146 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 149.146 (1) (b) 2.

AB768-ASA1, s. 393rm Section 393rm. 149.146 (1) (b) 1. of the statutes is created to read:

AB768-ASA1,311,9 149.146 (1) (b) 1. In this paragraph, "eligible individual" has the meaning given in s. 149.14 (6) (b) 1.

AB768-ASA1, s. 393rp Section 393rp. 150.31 (2r) of the statutes is created to read:

AB768-ASA1,311,14 150.31 (2r) (a) The department may, on July 1, 1998, increase the statewide bed limit in sub. (1) by not more than 6 beds to permit the permanent and complete closure of a hospital and its partial conversion to a nursing home if the hospital seeking partial conversion:

AB768-ASA1,311,15 1. Had, on January 1, 1998, an approved bed capacity of not more than 50 beds.

AB768-ASA1,311,16 2. Is located north of USH 8.

AB768-ASA1,311,17 3. Ceases to exist as an acute care hospital by July 1, 1998.

AB768-ASA1,311,20 (b) The department shall decrease the number of beds authorized for increase under par. (a) by the amount of any addition in the actual number of available beds within the limit specified in sub. (1), up to 6 beds, that exists on July 1, 1998.

AB768-ASA1,311,23 (c) The application to the department governing the permanent and complete closure of a hospital and partial conversion to a nursing home under par. (a) is exempt from the procedural requirements of this chapter.

AB768-ASA1, s. 393sb Section 393sb. 153.07 (5) of the statutes, as created by 1997 Wisconsin Act 231, is repealed.

AB768-ASA1, s. 393se Section 393se. 153.60 (1) of the statutes, as affected by 1997 Wisconsin Act acts 27 and 231, is amended to read:

AB768-ASA1,312,25 153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, data base development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) and maintaining the board. The department shall assess the estimated total amount for that fiscal year less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (1) (hi) during the fiscal year and , the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (1) (hi) from the prior fiscal year and the amount in the appropriation account under s. 20.435 (1) (dg) for the fiscal year, to health care providers who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year hospitals in proportion to each hospital's respective gross private pay patient revenues during the hospital's most recently concluded entire fiscal year and to ambulatory surgery centers. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (hg).

AB768-ASA1, s. 393sh Section 393sh. 153.60 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB768-ASA1,313,16 153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, data base development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) and maintaining the board. The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (1) (hi) from the prior fiscal year, to hospitals in proportion to each hospital's respective gross private-pay patient revenues during the hospital's most recently concluded entire fiscal year and to ambulatory surgery centers. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (hg).

AB768-ASA1, s. 393sk Section 393sk. 153.75 (1) (k) of the statutes, as affected by 1997 Wisconsin Act 231, is amended to read:

AB768-ASA1,313,20 153.75 (1) (k) Establishing methods and criteria for assessing health care providers hospitals and ambulatory surgery centers under s. 153.60 (1).

AB768-ASA1, s. 393sm Section 393sm. 166.03 (1) (b) 7. of the statutes is created to read:

AB768-ASA1,313,23 166.03 (1) (b) 7. Enter into a contract with the sheriff of a county having a population of 500,000 or more for helicopter support services under sub. (2) (b) 9.

AB768-ASA1, s. 393t Section 393t. 166.03 (2) (b) 9. of the statutes is created to read:

AB768-ASA1,314,6 166.03 (2) (b) 9. Make payments from the appropriation under s. 20.465 (3) (c) to a sheriff of a county having a population of 500,000 or more for the provision of helicopter support services for boating safety, disaster assistance, drug interdiction assistance, fire fighting assistance, law enforcement assistance, search and rescue operations and traffic control operations to public safety agencies, as defined in s. 146.70 (1) (g), under a contract entered into by the governor under sub. (1) (b) 7.

AB768-ASA1, s. 393tg Section 393tg. 170.12 (3) (em) of the statutes, as created by 1997 Wisconsin Act 191, is repealed and recreated to read:

AB768-ASA1,314,9 170.12 (3) (em) Include the information required under sub. (3m).

AB768-ASA1, s. 393tm Section 393tm. 170.12 (3m) of the statutes is created to read:

AB768-ASA1,314,13 170.12 (3m) Social security and federal employer identification numbers. (a) In addition to the information required under sub. (3), the application under sub. (3) shall include all of the following:

AB768-ASA1,314,14 1. If the applicant is an individual, the applicant's social security number.

AB768-ASA1,314,16 2. If the applicant is not an individual, the applicant's federal employer identification number.

AB768-ASA1,314,18 (b) The board may not disclose any information received under par. (a) to any person except as follows:

AB768-ASA1,314,20 1. The board may disclose information under par. (a) to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,314,23 2. The board may disclose information under par. (a) to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

AB768-ASA1, s. 393tr Section 393tr. 170.12 (8) (title) of the statutes is amended to read:

AB768-ASA1,315,2 170.12 (8) (title) Denial of application; restriction, suspension and revocation of permits.

AB768-ASA1, s. 393tv Section 393tv. 170.12 (8) (b) of the statutes, as created by 1997 Wisconsin Act 191, is repealed and recreated to read:

AB768-ASA1,315,6 170.12 (8) (b) 1. The board shall deny an application for a permit renewal if any of the following applies: