Amendment ASA1-AB768

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:

AB768-ASA1,315,8 a. The applicant has failed to provide the information required under sub. (3m) (a).

AB768-ASA1,315,12 b. The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes under s. 73.0301. An applicant whose renewal application is denied under this subd. 1. b. is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to any other hearing under this section.

AB768-ASA1,315,23 c. In the case of a permit holder who is an individual, the applicant fails to provide his or her social security number, fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

AB768-ASA1,316,9 2. The board shall restrict or suspend a permit issued under this section if the board finds that, in the case of a permit holder who is an individual, the permit holder fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A permit holder whose permit is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

AB768-ASA1,316,14 3. The board shall revoke a permit issued under this section if the department of revenue has certified under s. 73.0301 that the permit holder is liable for delinquent taxes under s. 73.0301. A permit holder whose permit is revoked under this subdivision for delinquent taxes is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to any other hearing under this section.

AB768-ASA1, s. 393ug Section 393ug. 185.981 (4t) of the statutes, as affected by 1997 Wisconsin Act 155, is amended to read:

AB768-ASA1,316,20 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.89, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4) and (5), 632.895 (10) to (13) and 632.897 (10) and chs. 149 and 155.

AB768-ASA1, s. 393ur Section 393ur. 185.983 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 155, is amended to read:

AB768-ASA1,317,3 185.983 (1) (intro.)  Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4) and (5), 632.895 (5) and (9) to (13), 632.896 and 632.897 (10) and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:

AB768-ASA1, s. 393vb Section 393vb. 196.218 (1) (bm) of the statutes is created to read:

AB768-ASA1,317,6 196.218 (1) (bm) "Local exchange service" means basic local exchange service or business access line and usage service.

AB768-ASA1, s. 393vd Section 393vd. 196.218 (3) (a) 4. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,317,12 196.218 (3) (a) 4. In calculating contribution amounts that must be paid into the universal service fund by telecommunications utilities that provide basic local exchange service, the commission shall determine the portion of the contributions that are used for the purposes specified in sub. (5) (a) 5. and 6. to 7.

AB768-ASA1, s. 393vf Section 393vf. 196.218 (3) (f) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,317,19 196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5) and (6), 196.213 and 196.215, a telecommunications utility that provides basic local exchange service may make adjustments to basic local exchange service rates for the purpose of recovering the portion of its contributions to the universal service fund that is determined by the commission under par. (a) 4.

AB768-ASA1, s. 393vh Section 393vh. 196.218 (4r) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,318,2 196.218 (4r) (b) The commission, in consultation with the department and the board, shall promulgate rules establishing an educational telecommunications access program to provide school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards with access to data lines and video links.

AB768-ASA1, s. 393vj Section 393vj. 196.218 (4r) (c) 1., 2., 3. and 4. of the statutes, as created by 1997 Wisconsin Act 27, are amended to read:

AB768-ASA1,318,12 196.218 (4r) (c) 1. Allow a school district, private school, cooperative educational service agency, technical college district, private college and public library board to make a request to the board for access to either one data line or one video link, except that if a school district operates more than one high school the rules shall allow the school district to request access to both a data line and a video link and to request access to more than one data line or video link. The board shall forward requests received under this subdivision to the commission and the department.

AB768-ASA1,318,19 2. Establish eligibility requirements for a school district, private school, cooperative educational service agency, technical college district, private college and public library board to participate in the program established under par. (b). The requirements shall prohibit a participant in the program from receiving assistance from the universal service fund for the purpose specified in sub. (5) (a) 3. for educational telecommunications access that is substantially similar to the access provided to the participant under the program.

AB768-ASA1,318,23 3. Establish specifications for a data line or video link that is provided to a school district, private school, cooperative educational service agency, technical college district, private college and public library board under the program established under par. (b).

AB768-ASA1,319,6 4. Require a school district, private school, cooperative educational service agency, technical college district, private college and public library board to pay the department not more than $250 per month for each data line or video link that is provided to the school district, private school, cooperative educational service agency, technical college district, private college and public library board under the program established under par. (b), except that the charge may not exceed $100 per month for each data line or video link that relies on a transport medium that operates at a speed of 1.544 megabits per second.

AB768-ASA1, s. 393vk Section 393vk. 196.218 (4r) (e) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,319,15 196.218 (4r) (e) If the federal communications commission promulgates or modifies rules that provide rate discounts for telecommunications services to school districts, private schools, cooperative educational service agencies, technical college districts, private colleges or public library boards under 47 USC 254, the governor shall submit a report to the joint committee on finance that includes any recommended changes to statutes or rules with respect to funding the program established under par. (b).

AB768-ASA1, s. 394 Section 394. 196.218 (4r) (g) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,320,5 196.218 (4r) (g) From the appropriation under s. 20.275 (1) (s) or (tm), the board may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the commission. The board shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under s. 16.974 (7) (a) or (c) less the amount that the school district or private school would be paying under par. (c) 4. if the school district or private school were participating in the program established under par. (b), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this paragraph is not eligible to participate in the program under par. (b). No grant may be awarded under this paragraph after June 30, 2002.

AB768-ASA1, s. 394m Section 394m. 196.218 (5) (a) 7. of the statutes, as created by 1997 Wisconsin Act 41, is amended to read:

AB768-ASA1,320,10 196.218 (5) (a) 7. To make grants awarded by the board to school districts and private schools under sub. (4r) (g). This subdivision does not apply after June 30, 2002.

AB768-ASA1, s. 395 Section 395. 217.05 (intro.) of the statutes is renumbered 217.05 (1) (intro.).

AB768-ASA1, s. 396 Section 396. 217.05 (1) to (4) of the statutes are renumbered 217.05 (1) (a) to (d).

AB768-ASA1, s. 397m Section 397m. 217.05 (1m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,320,17 217.05 (1m) (a) In addition to the information required under sub. (1), the application shall contain the following:

AB768-ASA1,320,18 1. If the applicant is an individual, the applicant's social security number.

AB768-ASA1,320,20 2. If the applicant is not an individual, the applicant's federal employer identification number.

AB768-ASA1,320,22 (b) The division may not disclose any information received under par. (a) to any person except as follows:

AB768-ASA1,320,24 1. The division may disclose information under par. (a) to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,321,3 2. The division may disclose information under par. (a) 1. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB768-ASA1, s. 398m Section 398m. 217.06 (5) of the statutes is created to read:

AB768-ASA1,321,6 217.06 (5) The applicant has not been certified under s. 73.0301 by the department of revenue to be liable for delinquent taxes.

AB768-ASA1, s. 399 Section 399. 217.09 (1r) of the statutes is created to read:

AB768-ASA1,321,12 217.09 (1r) The division shall revoke any license issued under this chapter if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is revoked under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this chapter.

AB768-ASA1, s. 400 Section 400. 217.09 (4) of the statutes is amended to read: