Amendment ASA1-AB133

AB133-ASA1,1166,8 149.143 (3) (b) If, after increasing the department increases premium rates and insurer assessments and adjusting adjusts the provider payment rate under par. (a), the department and 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 may 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.

AB133-ASA1, s. 2267m Section 2267m. 149.143 (5) of the statutes is created to read:

AB133-ASA1,1166,16 149.143 (5) (a) Annually, no later than April 30, the department shall perform a reconciliation with respect to plan costs, premiums, insurer assessments and provider payment rate adjustments based on data from the previous calendar year. On the basis of the reconciliation, the department shall make any necessary adjustments in premiums, insurer assessments or provider payment rates for the fiscal year beginning on the first July 1 after the reconciliation, as provided in sub. (2) (b).

AB133-ASA1,1166,21 (b) Except as provided in sub. (3) and s. 149.144, the department shall adjust the provider payment rates to meet the providers' specified portion of the plan costs no more than once annually. The department may not determine the adjustment on an individual provider basis or on the basis of provider type, but shall determine the adjustment for all providers in the aggregate.

AB133-ASA1, s. 2267r Section 2267r. 149.144 of the statutes is amended to read:

AB133-ASA1,1167,11 149.144 Adjustments to insurer assessments and provider payment rates for premium and deductible reductions. If the moneys transferred to the fund under the appropriation under s. 20.435 (5) (4) (ah) are insufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a), or the department determines that the moneys transferred or to be transferred to the fund under the appropriation under s. 20.435 (5) (4) (ah) will be insufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a), the department shall may, by rule, adjust in equal proportions the amount of the assessment set under s. 149.143 (2) (a) 3. and the provider payment rate set under s. 149.143 (2) (a) 4., subject to s. 149.143 (1) (b) 1., sufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a). The If the department makes the adjustment under this section, the department shall notify the commissioner so that the commissioner may levy any increase in insurer assessments.

AB133-ASA1, s. 2268m Section 2268m. 149.145 of the statutes is amended to read:

AB133-ASA1,1167,23 149.145 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) 149.142 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. The department may not implement a program budget established under this section unless it is approved by the board.

AB133-ASA1, s. 2269 Section 2269. 149.146 (1) (a) of the statutes is amended to read:

AB133-ASA1,1168,4 149.146 (1) (a) Beginning on January 1, 1998, in addition to the coverage required under s. 149.14, the plan shall offer to all eligible persons who are not eligible for medicare a choice of coverage, as described in section 2744 (a) (1) (C), P.L. 104-191. Any such choice of coverage shall be major medical expense coverage.

AB133-ASA1, s. 2270 Section 2270. 149.146 (1) (b) 2. of the statutes is amended to read:

AB133-ASA1,1168,14 149.146 (1) (b) 2. An eligible person under par. (a) may elect once each year, at the time and according to procedures established by the department, among the coverages offered under this section and s. 149.14. If an eligible person elects new coverage, any preexisting condition exclusion imposed under the new coverage is met to the extent that the eligible person has been previously and continuously covered under this chapter. No preexisting condition exclusion may be imposed on an eligible person who elects new coverage if the person was an eligible individual when first covered under this chapter and the person remained continuously covered under this chapter up to the time of electing the new coverage.

AB133-ASA1, s. 2271 Section 2271. 149.146 (2) (am) of the statutes is created to read:

AB133-ASA1,1168,19 149.146 (2) (am) 1. For all eligible persons with coverage under this section, the deductible shall be $2,500. Expenses used to satisfy the deductible during the last 90 days of a calendar year shall also be applied to satisfy the deductible for the following calendar year.

AB133-ASA1,1168,23 2. Except as provided in subd. 3., if the covered costs incurred by the eligible person exceed the deductible for major medical expense coverage in a calendar year, the plan shall pay at least 80% of any additional covered costs incurred by the person during the calendar year.

AB133-ASA1,1169,3 3. If the aggregate of the covered costs not paid by the plan under subd. 2. and the deductible exceeds $3,500 for any eligible person during a calendar year or $7,000 for all eligible persons in a family, the plan shall pay 100% of all covered costs incurred by the eligible person during the calendar year after the payment ceilings under this subdivision are exceeded.

AB133-ASA1,1169,8 4. Notwithstanding subds. 1. to 3., the department may establish different deductible amounts, a different coinsurance percentage and different covered costs and deductible aggregate amounts from those specified in subds. 1. to 3. in accordance with cost containment provisions established by the department under s. 149.17 (4).

AB133-ASA1, s. 2276m Section 2276m. 149.15 (3) (e) of the statutes is repealed.

AB133-ASA1, s. 2277c Section 2277c. 149.15 (3) (g) of the statutes is created to read:

AB133-ASA1,1169,14 149.15 (3) (g) Establish oversight committees to address various administrative issues, such as financial management of the plan and plan administrator performance standards. A representative of the department may not be the chairperson of any committee established under this paragraph.

AB133-ASA1, s. 2277d Section 2277d. 149.16 (4) of the statutes is created to read:

AB133-ASA1,1169,17 149.16 (4) The plan administrator shall account for costs related to the plan separately from costs related to medical assistance under subch. IV of ch. 49.

AB133-ASA1, s. 2277f Section 2277f. 149.16 (5) of the statutes is created to read:

AB133-ASA1,1169,20 149.16 (5) The department shall obtain the approval of the board before implementing any contract with the plan administrator.

AB133-ASA1, s. 2278b Section 2278b. 149.165 (4) of the statutes is amended to read:

AB133-ASA1,1169,24 149.165 (4) The department shall reimburse the plan for premium reductions under sub. (2) and deductible reductions under s. 149.14 (5) (a) with moneys transferred to the fund from the appropriation account under s. 20.435 (5) (4) (ah).

AB133-ASA1, s. 2278c Section 2278c. 149.17 (2) of the statutes is amended to read:

AB133-ASA1,1170,2 149.17 (2) A schedule of premiums, deductibles , copayments and coinsurance payments which that complies with all requirements of this chapter.

AB133-ASA1, s. 2278g Section 2278g. 149.17 (4) of the statutes is amended to read:

AB133-ASA1,1170,8 149.17 (4) Cost containment provisions established by the department by rule, including managed care requirements. The department shall obtain the approval of the board before promulgating a rule that establishes a cost containment provision that would have an effect on an eligible person's access to health care services, such as the creation of new prior authorization requirements.

AB133-ASA1, s. 2278r Section 2278r. 150.46 (3) of the statutes is created to read:

AB133-ASA1,1170,11 150.46 (3) This subchapter does not apply to the nursing care facility operated by the department of veterans affairs under s. 45.385.

AB133-ASA1, s. 2280 Section 2280. 153.05 (6m) of the statutes is amended to read:

AB133-ASA1,1170,18 153.05 (6m) The department may contract with the group insurance board for the provision of data collection and analysis services related to health maintenance organizations and insurance companies that provide health insurance for state employes. The department shall establish contract fees for the provision of the services. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (1) (4) (hg).

AB133-ASA1, s. 2280n Section 2280n. 153.50 (5m) of the statutes is created to read:

AB133-ASA1,1170,22 153.50 (5m) Employers not to request patient-identifiable data. Notwithstanding subs. (4) and (5) no employer may request the release of or access to patient-identifiable data of an employe of the employer.

AB133-ASA1, s. 2281 Section 2281. 153.60 (1) of the statutes is amended to read:

AB133-ASA1,1171,19 153.60 (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) (4) (hi) during the fiscal year, the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (1) (4) (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. 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) (4) (hg).

AB133-ASA1, s. 2282 Section 2282. 153.60 (3) of the statutes is amended to read:

AB133-ASA1,1172,6 153.60 (3) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures required for the collection, database development and maintenance and generation of public data files and standard reports for health care plans that voluntarily agree to supply health care data under s. 153.05 (6r). The department shall assess the estimated total amount for that fiscal year to health care plans in a manner specified by the department by rule and may enter into an agreement with the office of the commissioner of insurance for collection of the assessments. Each health plan that voluntarily agrees to supply this information shall pay the assessments on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (4) (hg) and may be used solely for the purposes of s. 153.05 (6r).

AB133-ASA1, s. 2283 Section 2283. 153.65 of the statutes is amended to read:

AB133-ASA1,1172,14 153.65 Provision of special information; user fees. The department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this section shall be credited to the appropriation under s. 20.435 (1) (4) (hi).

AB133-ASA1, s. 2283m Section 2283m. 154.17 (1) of the statutes is amended to read:

AB133-ASA1,1172,21 154.17 (1) "Do-not-resuscitate bracelet" means a standardized identification bracelet of uniform size, color, and design, that meets the specifications established under s. 154.27 (1), or that is approved by the department under s. 154.27 (2), 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 order has not been revoked.

AB133-ASA1, s. 2283n Section 2283n. 154.19 (2) (b) of the statutes is renumbered 154.19 (2) (b) (intro.) and amended to read:

AB133-ASA1,1173,3 154.19 (2) (b) (intro.) After providing the information under par. (a), the attending physician, or the person directed by the attending physician, shall affix document in the patient's medical record the medical condition that qualifies the patient for the do-not-resuscitate order, shall make the order in writing and shall do one of the following, as requested by the qualified patient:

AB133-ASA1,1173,7 1. Affix to the wrist of the patient a do-not-resuscitate bracelet and document in the patient's medical record the medical condition that qualifies the patient for the do-not-resuscitate order that meets the specifications established under s. 154.27 (1).

AB133-ASA1, s. 2283p Section 2283p. 154.19 (2) (b) 2. of the statutes is created to read:

AB133-ASA1,1173,11 154.19 (2) (b) 2. Provide an order form from a commercial vendor approved by the department under s. 154.27 (2) to permit the patient to order a do-not-resuscitate bracelet from the commercial vendor.

AB133-ASA1, s. 2283q Section 2283q. 154.27 of the statutes is renumbered 154.27 (1) and amended to read:

AB133-ASA1,1173,19 154.27 (1) The department shall establish by rule a uniform standard for the size, color, and design of all do-not-resuscitate bracelets. The Except as provided in sub. (2), the rules shall require that the do-not-resuscitate bracelets include the inscription "Do Not Resuscitate"; the name, address, date of birth and gender of the patient; and the name, business telephone number and signature of the attending physician issuing the order.

AB133-ASA1, s. 2283r Section 2283r. 154.27 (2) of the statutes is created to read:

AB133-ASA1,1174,2 154.27 (2) The department may approve a do-not-resuscitate bracelet developed and distributed by a commercial vendor if the bracelet contains an emblem that displays an internationally recognized medical symbol on the front and the words "Wisconsin Do-Not-Resuscitate-EMS" and the qualified patient's first and last name on the back. The department may not approve a do-not-resuscitate bracelet developed and distributed by a commercial vendor if the vendor does not require a doctor's order for the bracelet prior to distributing it to a patient.

AB133-ASA1, s. 2288b Section 2288b. 165.755 (1) (a) of the statutes is amended to read:

AB133-ASA1,1174,8 165.755 (1) (a) Except as provided in par. (b), beginning on October 14, 1997, a court shall impose a crime laboratories and drug law enforcement assessment of $4 $5 if the court imposes a sentence, places a person on probation or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

AB133-ASA1, s. 2288f Section 2288f. 165.76 (1) (a) of the statutes is amended to read:

AB133-ASA1,1174,14 165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB133-ASA1, s. 2288h Section 2288h. 165.76 (1) (ag) of the statutes is created to read:

AB133-ASA1,1174,17 165.76 (1) (ag) Is in prison on or after August 12, 1993, and before January 1, 2000, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB133-ASA1, s. 2288i Section 2288i. 165.76 (1) (ar) of the statutes is created to read:

AB133-ASA1,1174,20 165.76 (1) (ar) Is in prison on or after January 1, 2000, for a felony committed in this state.

AB133-ASA1, s. 2288L Section 2288L. 165.76 (1) (e) of the statutes is amended to read:

AB133-ASA1,1175,2 165.76 (1) (e) Is released on parole or extended supervision or placed on probation in another state before January 1, 2000, and is on parole, extended supervision or probation in this state from another the other state under s. 304.13 or 304.135 on or after July 9, 1996, for a violation of the law of another the other state that the department of corrections determines, under s. 304.137 (1), is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB133-ASA1, s. 2288m Section 2288m. 165.76 (1) (f) of the statutes is created to read:

AB133-ASA1,1175,9 165.76 (1) (f) Is released on parole or extended supervision or placed on probation in another state on or after January 1, 2000, and is on parole, extended supervision or probation in this state from the other state under s. 304.13 or 304.135 for a violation of the law of the other state that the department of corrections determines, under s. 304.137 (2), would constitute a felony if committed by an adult in this state.

AB133-ASA1, s. 2290 Section 2290. 165.85 (5m) of the statutes is repealed.

AB133-ASA1, s. 2290v Section 2290v. 165.87 (title) of the statutes is repealed.

AB133-ASA1, s. 2291 Section 2291. 165.87 (1) (title) of the statutes is repealed.

AB133-ASA1, s. 2292m Section 2292m. 165.87 (1) (a) of the statutes is renumbered 757.05 (2) (a) and amended to read:

AB133-ASA1,1175,20 757.05 (2) (a) Law enforcement training fund. Twenty-seven fifty-fifths of all moneys collected from penalty assessments under this section sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5) and (5m). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.

AB133-ASA1, s. 2293 Section 2293. 165.87 (1) (b) of the statutes is repealed.

AB133-ASA1, s. 2294m Section 2294m. 165.87 (1) (bn) of the statutes is renumbered 16.964 (4) and amended to read:

AB133-ASA1,1176,5 16.964 (4) Five twenty-seconds of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under and utilized in accordance with s. 20.505 (6) (g), except for moneys transferred to ss. 20.410 (3) (kj) and 20.505 (6) (h). In regard to any grant the office makes to any local unit of government for which the state is providing matching funds from moneys under this paragraph s. 20.505 (6) (kp), the local unit of government shall provide matching funds equal to at least 10%.

AB133-ASA1, s. 2295 Section 2295. 165.87 (1) (bp) of the statutes is repealed.

AB133-ASA1, s. 2296 Section 2296. 165.87 (1) (br) of the statutes is repealed.

AB133-ASA1, s. 2297 Section 2297. 165.87 (1) (c) of the statutes is repealed.

AB133-ASA1, s. 2298 Section 2298. 165.87 (2) of the statutes is renumbered 757.05 (1).

AB133-ASA1, s. 2299 Section 2299. 165.90 (4) (intro.) of the statutes is amended to read:

AB133-ASA1,1176,16 165.90 (4) (intro.) If the department approves a plan, the department shall certify the program as eligible to receive aid under s. 20.455 (2) (d) and (hn) (kt). Prior to January 15, of the year for which funding is sought, the department shall distribute from the appropriations under s. 20.455 (2) (d) and (hn) (kt) to each eligible program the amount necessary to implement the plan, subject to the following limitations:

AB133-ASA1, s. 2300 Section 2300. 165.90 (4) (a) of the statutes is amended to read:

AB133-ASA1,1176,19 165.90 (4) (a) A program may use funds received under s. 20.455 (2) (d) or (hn) (kt) only for law enforcement operations.

AB133-ASA1, s. 2301 Section 2301. 165.90 (4) (b) of the statutes is amended to read:

AB133-ASA1,1176,24 165.90 (4) (b) A program shall, prior to the receipt of funds under s. 20.455 (2) (d) or (hn) (kt) for the 2nd and any subsequent year, submit a report to the department regarding the performance of law enforcement activities on the reservation in the previous fiscal year.

AB133-ASA1, s. 2302 Section 2302. 166.15 (1) (f) of the statutes is amended to read:

AB133-ASA1,1177,5 166.15 (1) (f) "Nuclear incident" means any sudden or nonsudden release of ionizing radiation, as defined under s. 254.31 (3g), from radioactive waste being stored or disposed of in a waste repository or transported. "Nuclear incident" does not include any release of radiation from radioactive waste being transported under routine operations.

AB133-ASA1, s. 2302m Section 2302m. 166.20 (5) (a) 3. of the statutes is amended to read:

AB133-ASA1,1177,12 166.20 (5) (a) 3. All facilities in this state covered under 42 USC 11021 and all public agencies and private agencies in this state at which a hazardous chemical is present at or above an applicable threshold quantity shall comply with the reporting requirements under 42 USC 11021 and 11022. The division shall implement minimum threshold levels for reporting by retail gas stations that are identical to the minimum threshold levels for reporting under 42 USC 11021 and 11022.

AB133-ASA1, s. 2303 Section 2303. 166.20 (7g) of the statutes is repealed.

AB133-ASA1, s. 2303d Section 2303d. 166.215 (5) of the statutes is amended to read: