AB133-SSA1, s. 1344
12Section
1344. 49.195 (3n) (r) of the statutes, as created by 1999 Wisconsin Act
13.... (this act), is amended to read:
AB133-SSA1,701,1914
49.195
(3n) (r) No employer may discharge or otherwise discriminate with
15respect to the terms and conditions of employment against any employe by reason
16of the fact that his or her earnings have been subject to levy for any one levy or
17because of compliance with any provision of this subsection. Any person who violates
18this paragraph may be fined not more than $1,000 or imprisoned for not more than
19one year 2 years or both.
AB133-SSA1,701,2221
49.195
(3p) The availability of the remedies under subs. (3m) and (3n) does not
22abridge the right of the department to pursue other remedies.
AB133-SSA1,702,224
49.195
(3r) From the appropriation under s. 20.445 (3) (L) the department may
25contract with or employ a collection agency or other person to enforce a repayment
1obligation of a person who is found liable under sub. (3) who is delinquent in making
2repayments.
AB133-SSA1,702,128
49.24
(1) From the appropriation under s. 20.445 (3) (k), the department shall
9provide child support incentive payments to counties
to offset reduced federal child
10support incentive payments. Total payments under this subsection may not exceed
11$3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99 $5,690,000 per
12year.
AB133-SSA1, s. 1352f
13Section 1352f. 49.24 (2) of the statutes is renumbered 49.24 (2) (a) and
14amended to read:
AB133-SSA1,702,2115
49.24
(2) (a) The department shall
distribute the payments under sub. (1) in
16accordance with a formula developed by the department, in consultation with
17representatives of counties
, promulgate a rule that specifies the formula according
18to which the payments under sub. (1) and federal child support incentive payments
19will be distributed to counties. The rule shall provide that the total of state and
20federal incentive payments per year to a county may not exceed the costs per year
21of the county's child support program under s. 49.22.
AB133-SSA1,702,24
22(b) The total of payments made to counties under sub. (1) and in federal child
23support incentive payments may not exceed
$10,500,000 in a state fiscal $12,340,000
24per year.
AB133-SSA1,703,3
149.24
(3) A county that receives
any state child support incentive payment
2under sub. (1)
or any federal child support incentive payment may use the funds only
3to pay costs under its child support program under s. 49.22.
AB133-SSA1,703,116
49.26
(1) (h) 1. as. The individual has failed to request a hearing or has failed
7to show good cause for not cooperating with case management efforts in a hearing.
8If the individual is a recipient of aid under s. 49.19, the hearing shall be requested
9and held under s. 49.21 (1). If the individual is a member of a Wisconsin works group,
10as defined in s. 49.141 (1) (s), the The hearing shall be requested and held under s.
1149.152. The department shall determine by rule the criteria for good cause.
AB133-SSA1,703,1714
49.30
(1m) (c) If a request for payment under sub. (1) is made more than 12
15months after the death of the recipient, the county or applicable tribal governing
16body or organization responsible for burial of the recipient is not required to make
17a payment for cemetery, funeral or burial expenses.
AB133-SSA1,703,2219
49.33
(1) (b) "Income maintenance program" means aid to families with
20dependent children under s. 49.19, Wisconsin works under ss. 49.141 to 49.161
,
21medical assistance under subch. IV of ch. 49 or the food stamp program under
7 USC
222011 to
2029.
AB133-SSA1,704,524
49.33
(8) (a) The department shall reimburse each county for reasonable costs
25of income maintenance relating to the administration of the programs under this
1subchapter
and subch. IV according to a formula based on workload within the limits
2of available state and federal funds under s. 20.445 (3) (dz), (md) and (nL) by contract
3under s. 49.33 (2). The amount of reimbursement calculated under this paragraph
4and par. (b) is in addition to any reimbursement provided to a county for fraud and
5error reduction under s. 49.197 (1m) and (4).
AB133-SSA1,704,147
49.36
(2) The department may contract with any county
or Wisconsin works
8agency to administer a work experience and job training program for parents who
9are not custodial parents and who fail to pay child support or to meet their children's
10needs for support as a result of unemployment or underemployment. The program
11may provide the kinds of work experience and job training services available from
12the program under s. 49.193
, 1997 stats., or
s. 49.147 (3) or (4). The program may
13also include job search and job orientation activities. The department shall fund the
14program from the appropriation under s. 20.445 (3) (dz).
AB133-SSA1,704,2117
49.36
(7) The department shall pay a county or Wisconsin works agency
$200 18$400 for each person who participates in the program under this section in the region
19in which the county or Wisconsin works agency administers the program under this
20section. The county or Wisconsin works agency shall pay any additional costs of the
21program.
AB133-SSA1,705,3
149.43
(8) "Medical assistance" means any services or items under ss. 49.45 to
249.47 49.472, except s. 49.472 (6), and
under ss. 49.49 to 49.497, or any payment or
3reimbursement made for such services or items.
AB133-SSA1,705,165
49.45
(2) (a) 3. Determine the eligibility of persons for medical assistance,
6rehabilitative and social services under ss. 49.46, 49.468 and 49.47 and rules and
7policies adopted by the department and may designate this function to the county
8department under s. 46.215, 46.22 or 46.23 or, to the extent permitted by federal law
9or a waiver from federal secretary of health and human services, to a Wisconsin
10works agency.
Any person who determines eligibility for medical assistance in a
11location other than in an office of the department or of a county department of human
12services or of social services shall be permitted to review and update information on
13existing records of an individual who is seeking from that person an eligibility
14determination for medical assistance, even if the individual's case was assigned to
15a different person as a result of the individual's seeking or receiving other public
16assistance.
AB133-SSA1,705,2118
49.45
(2) (a) 4. To the extent funds are available under s. 20.435
(1) (4) (bm),
19certify all proper charges and claims for administrative services to the department
20of administration for payment and the department of administration shall draw its
21warrant forthwith.
AB133-SSA1,706,223
49.45
(2) (a) 17. Notify the governor, the joint committee on legislative
24organization, the joint committee on finance and appropriate standing committees,
1as determined by the presiding officer of each house, if the appropriation under s.
220.435
(5) (4) (b) is insufficient to provide the state share of medical assistance.
AB133-SSA1,706,94
49.45
(3) (a) Reimbursement shall be made to each county department under
5ss. 46.215, 46.22 and 46.23 for the administrative services performed in the medical
6assistance program
on the basis of s. 49.33 (8) according to a formula based on
7workload. For purposes of reimbursement under this paragraph, assessments
8completed under s. 46.27 (6) (a) are administrative services performed in the medical
9assistance program.
AB133-SSA1,706,1311
49.45
(3) (ag) Reimbursement shall be made to each entity contracted with
12under s.
46.271 (2m) 46.281 (1) (d) for
assessments completed functional screens
13performed under s.
46.271 (2m) (a) 2. 46.281 (1) (d).
AB133-SSA1,706,1915
49.45
(3) (am) 1. From the appropriation under s. 20.435
(1) (4) (bm), the
16department shall make incentive payments to counties to encourage counties to
17identify medical assistance applicants and recipients who have other health care
18coverage and the providers of the health care coverage and give that information to
19the department.
AB133-SSA1,707,221
49.45
(3) (fm) The department shall seek, on behalf of dentists who are
22providers, federal reimbursement for the cost of any equipment that the department
23requires dentists to use to verify medical assistance eligibility electronically. If the
24department is successful in obtaining federal reimbursement of that expense, the
1department shall reimburse dentists who are providers for the portion of the cost of
2the equipment that is reimbursed by the federal government.
AB133-SSA1,707,54
49.45
(3) (j) Reimbursement for administrative contract costs under this
5section is limited to the funds available under s. 20.435
(1) (4) (bm).
AB133-SSA1, s. 1382
6Section
1382. 49.45 (5m) (a) of the statutes is renumbered 49.45 (5m) (am) and
7amended to read:
AB133-SSA1,707,158
49.45
(5m) (am) Notwithstanding sub. (3) (e), from the appropriations under
9s. 20.435
(5) (4) (b) and (o) the department shall distribute not more than $2,256,000
10in each fiscal year, to provide supplemental funds to rural hospitals that, as
11determined by the department, have high utilization of inpatient services by
12patients whose care is provided from governmental sources,
and to provide
13supplemental funds to critical access hospitals, except that the department may not
14distribute funds to a rural hospital
or to a critical access hospital to the extent that
15the distribution would exceed any limitation under
42 USC 1396b (i) (3).
AB133-SSA1,707,1817
49.45
(5m) (ag) In this subsection, "critical access hospital" has the meaning
18given in s. 50.33 (1g).
AB133-SSA1,707,2320
49.45
(5m) (b) The supplemental funding
for rural hospitals under par.
(a) (am) 21shall be based on the utilization, by recipients of medical assistance, of the total
22inpatient days of a rural hospital in relation to that utilization in other rural
23hospitals.
AB133-SSA1, s. 1385
24Section
1385. 49.45 (6b) (intro.) of the statutes is renumbered 49.45 (6b) and
25amended to read:
AB133-SSA1,708,7
149.45
(6b) Centers for the developmentally disabled. From the
2appropriation under s. 20.435 (2) (gk), the department may reimburse the cost of
3services provided by the centers for the developmentally disabled. Reimbursement
4to the centers for the developmentally disabled shall be reduced following each
5placement made under s. 46.275
which that involves a relocation from a center for
6the developmentally disabled,
as follows: by $184 per day, beginning in fiscal year
71999-2000, and by $190 per day, beginning in fiscal year 2000-01.
AB133-SSA1, s. 1389
11Section
1389. 49.45 (6m) (ag) (intro.) of the statutes is amended to read:
AB133-SSA1,708,1812
49.45
(6m) (ag) (intro.) Payment for care provided in a facility under this
13subsection made under s. 20.435
(1) (p) or (5) (b)
(4) (b), (pa) or (o) shall, except as
14provided in pars. (bg), (bm) and (br), be determined according to a prospective
15payment system updated annually by the department. The payment system shall
16implement standards that are necessary and proper for providing patient care and
17that meet quality and safety standards established under subch. II of ch. 50 and ch.
18150. The payment system shall reflect all of the following:
AB133-SSA1,708,2420
49.45
(6m) (ag) 3m. For state fiscal year
1997-98 1999-2000, rates that shall
21be set by the department based on information from cost reports for the
1996 1998 22fiscal year of the facility and for state fiscal year
1998-99 2000-01, rates that shall
23be set by the department based on information from cost reports for the
1997 1999 24fiscal year of the facility.
AB133-SSA1,709,92
49.45
(6m) (ar) 1. a. The department shall establish standards for payment of
3allowable direct care costs, for facilities that do not primarily serve the
4developmentally disabled, that
are not less than the median for take into account 5direct care costs for a sample of all of those facilities in this state and separate
6standards for payment of allowable direct care costs, for facilities that primarily
7serve the developmentally disabled, that
are not less than the median for take into
8account direct care costs for a sample of all of those facilities in this state. The
9standards shall be adjusted by the department for regional labor cost variations.
AB133-SSA1,709,1511
49.45
(6m) (ar) 1. cm.
Notwithstanding the limitations under par. (ag) 8.,
12funding Funding distributed to facilities for the provision of active treatment to
13residents with a diagnosis of developmental disability shall be distributed in
14accordance with a method developed by the department which is consistent with a
15prudent buyer approach to payment for services.
AB133-SSA1,709,1917
49.45
(6m) (ar) 2. a. The department shall establish one or more standards for
18the payment of support service costs that
are not less than the median of take into
19account support service costs for a sample of all facilities within the state.
AB133-SSA1,709,2421
49.45
(6m) (ar) 3. a. The department shall establish standards, adjusted for
22heating degree day variations in the state, for payment of fuel and utility costs that
23are not less than the median of take into account heating fuel and utility costs for a
24sample of all facilities within the state.
AB133-SSA1,710,4
149.45
(6m) (ar) 4. For net property taxes or municipal services, payment shall
2be made for
those costs that range from the amount of the previous calendar year's
3tax or the amount of municipal service costs for a period specified by the department
,
4subject to a maximum limit as determined by the department.
AB133-SSA1,710,96
49.45
(6m) (ar) 5. a. The department shall establish one or more standards for
7the payment of administrative and general costs that
are not less than the median
8of take into account administrative and general costs for a sample of all facilities
9within the state.
AB133-SSA1,710,1611
49.45
(6m) (ar) 6. Capital payment shall be based on a replacement value for
12a facility. The replacement value shall be determined by a commercial estimator
13contracted for by the department and paid for by the facility. The replacement value
14shall be subject to limitations determined by the department
, except that the
15department may not reduce final capital payment of a facility by more than $3.50 per
16patient day.
AB133-SSA1,710,2018
49.45
(6m) (av) 1. The department shall calculate a payment rate for a facility
19by applying the criteria set forth under pars. (ag) 1. to 5.
, and 7.
and 8., (am) 1. to 5.
20and (ar) 1. to 5. to information from cost reports submitted by the facility.
AB133-SSA1,710,2522
49.45
(6m) (av) 5m.
Notwithstanding the limitations under par. (ag) 8., the The 23rate under subd. 1., 4. or 5. may be adjusted by the department to reflect payments
24for the provision of active treatment to facility residents with a diagnosis of
25developmental disability.
AB133-SSA1, s. 1401
1Section
1401. 49.45 (6m) (bp) (intro.) of the statutes is amended to read:
AB133-SSA1,711,42
49.45
(6m) (bp) (intro.) Notwithstanding pars.
(ag) 3m., (am) 6. and (ar) 6., the
3department may establish payment methods based on actual costs for capital
4payment for a facility to which, after December 31, 1982, any of the following applies:
AB133-SSA1,711,146
49.45
(6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435
(5) (4) (bt)
or (bu) 7or (7) (b) or 20.445 (3) (dz), the department shall reduce allocations of funds to
8counties in the amount of the disallowance from the appropriation account under s.
920.435
(5) (4) (bt)
or (bu) or (7) (b), or the department shall direct the department of
10workforce development to reduce allocations of funds to counties or Wisconsin works
11agencies in the amount of the disallowance from the appropriation account under s.
1220.445 (3) (dz) or direct the department of corrections to reduce allocations of funds
13to counties in the amount of the disallowance from the appropriation account under
14s. 20.410 (3) (cd), in accordance with s. 16.544 to the extent applicable.
