Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1,180,18 48.685 (5) (bm) 4. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (3), (4), (5), or (6), 940.20, 940.203, 940.205 or, 940.207, or 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (e) or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB1-ASA1-CA1, s. 114b Section 114b. 48.685 (5) (bm) 4. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,181,2 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (3), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207, or 940.025, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (e) or (f), (2j) (d) or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB1-ASA1-CA1, s. 114g Section 114g. 48.78 (2) (a) of the statutes is amended to read:

AB1-ASA1-CA1,181,7 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.432, 48.433, 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.

AB1-ASA1-CA1, s. 114m Section 114m. 48.977 (2) (f) of the statutes, as affected by 2001 Wisconsin Act 2, is amended to read:

AB1-ASA1-CA1,182,2 48.977 (2) (f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child, except that the court need not is not required to find that the agency has made those reasonable efforts with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3., 4., or 5. apply to 5. applies to that parent. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the guardianship order. A guardianship order that merely references this paragraph without documenting or referencing that specific information in the order or an amended guardianship order that retroactively corrects an earlier guardianship order that does not comply with this paragraph is not sufficient to comply with this paragraph.".

AB1-ASA1-CA1,182,3 131. Page 37, line 25: after that line insert:

AB1-ASA1-CA1,182,5 " Section 119k. 49.175 (1) (z) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,182,10 49.175 (1) (z) Community youth grant. For a competitive grant program administered by the department to fund programs that improve social, academic and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., $7,579,700 $7,829,700 in fiscal year 2001-02 and $50,000 $300,000 fiscal year 2002-03.".

AB1-ASA1-CA1,182,11 132. Page 37, line 25: after that line insert:

AB1-ASA1-CA1,182,12 " Section 119g. 49.152 (title) of the statutes is renumbered 49.16 (title).

AB1-ASA1-CA1, s. 119gd Section 119gd. 49.152 (1) of the statutes is renumbered 49.16 (1).

AB1-ASA1-CA1, s. 119gh Section 119gh. 49.152 (2) of the statutes is renumbered 49.16 (2).

AB1-ASA1-CA1, s. 119gi Section 119gi. 49.152 (3) (title) of the statutes is renumbered 49.16 (3) (title).

AB1-ASA1-CA1, s. 119gj Section 119gj. 49.152 (3) (a) of the statutes is renumbered 49.16 (3) (a) and amended to read:

AB1-ASA1-CA1,183,3 49.16 (3) (a) If, following review under sub. (2), the Wisconsin works agency or the department determines that an individual, whose application for a Wisconsin works employment position was denied based on eligibility, was in fact eligible, or that the individual was placed in an inappropriate Wisconsin works employment position, the Wisconsin works agency shall place the individual in the first available Wisconsin works employment position that is appropriate for that individual, as determined by the Wisconsin works agency or the department. An individual who is placed in a Wisconsin works employment position under this paragraph is eligible for the benefit for that position under s. 49.148 beginning on the date on which the individual begins participation under s. 49.147.

AB1-ASA1-CA1, s. 119gk Section 119gk. 49.152 (3) (b) of the statutes is renumbered 49.16 (3) (b) and amended to read:

AB1-ASA1-CA1,183,15 49.16 (3) (b) If, following review under sub. (2), the Wisconsin works agency or the department determines that an individual's application was not acted upon with reasonable promptness or was improperly denied in whole or in part or that a participant's benefit was improperly modified or canceled, or was calculated incorrectly, the Wisconsin works agency shall restore the benefit to the level determined to be appropriate by the Wisconsin works agency or by the department grant the appropriate benefit, retroactive to the date on which the individual's application was first not acted upon with reasonable promptness or improperly denied in whole or in part or the individual's benefit was first improperly modified or canceled or incorrectly calculated.".

AB1-ASA1-CA1,183,16 133. Page 38, line 6: after that line insert:

AB1-ASA1-CA1,183,18 " Section 119r. 49.195 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,184,6 49.195 (3) A county, tribal governing body, Wisconsin works agency or the department shall determine whether an overpayment has been made under s. 49.19, 49.148, 49.155 or 49.157 and, if so, the amount of the overpayment. The county, tribal governing body, Wisconsin works agency or department shall provide notice of the overpayment to the liable person. The department shall give that person an opportunity for a review following the procedure specified under s. 49.152 49.16, if the person received the overpayment under s. 49.141 to 49.161, and for a hearing under ch. 227. Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19, 49.148, 49.155 or 49.157 that have not already been received under s. 49.161 or 49.19 (17) and shall promulgate rules establishing policies and procedures to administer this subsection. The rules shall include notification procedures similar to those established for child support collections.".

AB1-ASA1-CA1,184,7 134. Page 38, line 20: after that line insert:

AB1-ASA1-CA1,184,8 " Section 121pb. 49.45 (2) (a) 9. of the statutes is amended to read:

AB1-ASA1-CA1,184,12 49.45 (2) (a) 9. Periodically set forth conditions of participation and reimbursement in a contract with provider for contracts with providers of service under this section. The department shall promulgate rules that specify criteria for and required procedures for submittal of appropriate claims for reimbursement.

AB1-ASA1-CA1, s. 121pc Section 121pc. 49.45 (2) (a) 10. a. of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 49.45 (2) (a) 10. and amended to read:

AB1-ASA1-CA1,184,21 49.45 (2) (a) 10. After reasonable notice and opportunity for a hearing conducted as a class 2 proceeding under ch. 227, recover money improperly or erroneously paid or overpayments to a provider by offsetting or adjusting amounts owed the provider under the program, crediting against a provider's future claims for reimbursement for other services or items furnished by the provider under the program, or requiring the provider to make direct payment to the department or its fiscal intermediary.

AB1-ASA1-CA1, s. 121pd Section 121pd. 49.45 (2) (a) 10. b. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121pe Section 121pe. 49.45 (2) (a) 10. c. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121pf Section 121pf. 49.45 (2) (a) 11. a. of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 49.45 (2) (a) 11. and amended to read:

AB1-ASA1-CA1,185,7 49.45 (2) (a) 11. Establish criteria for the certification of eligible providers of medical assistance and, except as provided in par. (b) 6m. and s. 49.48, and subject to par. (b) 7. and 8., certify providers who meet the criteria.

AB1-ASA1-CA1, s. 121pg Section 121pg. 49.45 (2) (a) 11. b. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121ph Section 121ph. 49.45 (2) (a) 12. a. of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 49.45 (2) (a) 12. and amended to read:

AB1-ASA1-CA1,185,25 49.45 (2) (a) 12. Decertify or suspend under this subdivision a provider from or restrict a provider's participation in the medical assistance program, if after giving reasonable notice and opportunity for hearing the department finds that the provider has violated a federal statute or regulation or a state statute or administrative rule and the violation is by statute, regulation, or rule grounds for decertification or restriction. The department shall suspend the provider pending the hearing under this subdivision if the department includes in its decertification notice findings that the provider's continued participation in the medical assistance program pending hearing is likely to lead to the irretrievable loss of public funds and is unnecessary to provide adequate access to services to medical assistance recipients. As soon as practicable after the hearing, the department shall issue a written decision suspension. No payment may be made under the medical assistance program with respect to any service or item furnished by the provider subsequent to decertification or during the period of suspension.

AB1-ASA1-CA1, s. 121pi Section 121pi. 49.45 (2) (a) 12. b. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121pj Section 121pj. 49.45 (2) (a) 14. of the statutes is amended to read:

AB1-ASA1-CA1,186,6 49.45 (2) (a) 14. Assure due process in implementing subds. 12. and 13. by providing written notice, a fair hearing and a written decision and a hearing conducted as a class 2 proceeding under ch. 227.

AB1-ASA1-CA1, s. 121pk Section 121pk. 49.45 (2) (b) 6m. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121pL Section 121pL. 49.45 (2) (b) 7. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121pm Section 121pm. 49.45 (2) (b) 8. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121pn Section 121pn. 49.45 (2) (b) 9. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121pp Section 121pp. 49.45 (3) (g) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 49.45 (3) (g) and amended to read:

AB1-ASA1-CA1,187,11 49.45 (3) (g) The secretary may authorize personnel to audit or investigate and report to the department on any matter involving violations or complaints alleging violations of statutes, regulations, or rules applicable to the medical assistance program and to perform such investigations or audits as are required to verify the actual provision of services or items available under the medical assistance program and the appropriateness and accuracy of claims for reimbursement submitted by providers participating in the program. Department employees authorized by the secretary under this paragraph shall be issued, and shall possess at all times while they are performing their investigatory or audit functions under this section, identification, signed by the secretary, that specifically designates the bearer as possessing the authorization to conduct medical assistance investigations or audits. Under the request of a designated person and upon presentation of the person's authorization, providers and medical assistance recipients shall accord the person access to any provider personnel, records, books, or documents or other information needed. Under the written request of a designated person and upon presentation of the person's authorization, providers and recipients shall accord the person access to any needed patient health care records of a recipient. Authorized employees may hold hearings, administer oaths, take testimony, and perform all other duties necessary to bring the matter before the department for final adjudication and determination.

AB1-ASA1-CA1, s. 121pq Section 121pq. 49.45 (3) (g) 2. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121pr Section 121pr. 49.45 (3) (h) 1. of the statutes is created to read:

AB1-ASA1-CA1,187,25 49.45 (3) (h) 1. For purposes of any audit, investigation, examination, analysis, review, or other function authorized by law with respect to the medical assistance program, the secretary shall have the power to sign and issue subpoenas to any person requiring the production of any pertinent books, records, patient health care records, or other information. Subpoenas so issued shall be served by anyone authorized by the secretary by delivering a copy to the person named in the subpoena, or by registered mail or certified mail addressed to the person at his or her last-known residence or principal place of business. A verified return by the person serving the subpoena setting forth the manner of service, or, in the event service is by registered or certified mail, the return post-office receipt signed by the person served constitutes proof of service.

AB1-ASA1-CA1, s. 121ps Section 121ps. 49.45 (3) (h) 1m. of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 49.45 (3) (h) 3. and amended to read:

AB1-ASA1-CA1,188,12 49.45 (3) (h) 3. The failure or refusal of a provider to accord department auditors or investigators access as required under par. (g) to any provider personnel, records, books, patient health care records of medical assistance recipients, or documents or other information requested constitutes person to purge himself or herself of contempt found under s. 885.12 and perform the act as required by law shall constitute grounds for decertification or suspension of the provider that person from participation in the medical assistance program. No payment may be made for services rendered by the provider that person following decertification, or during the period of suspension, or during any period of provider failure or refusal to accord access as required under par. (g).

AB1-ASA1-CA1, s. 121pt Section 121pt. 49.45 (3) (h) 1n. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121pu Section 121pu. 49.45 (3) (h) 2. of the statutes is created to read:

AB1-ASA1-CA1,188,19 49.45 (3) (h) 2. In the event of contumacy or refusal to obey a subpoena issued under this paragraph and duly served upon any person, any judge in a court of record in the county in which the person was served may enforce the subpoena in accordance with s. 885.12.

AB1-ASA1-CA1, s. 121pv Section 121pv. 49.45 (21) (title) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,188,23 49.45 (21) (title) Taking over provider's operation Transfer of business, liability for; repayments required.

AB1-ASA1-CA1, s. 121pw Section 121pw. 49.45 (21) (ag) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-CA1, s. 121pwj Section 121pwj. 49.45 (21) (ar) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 49.45 (21) (a) and amended to read:

AB1-ASA1-CA1,189,11 49.45 (21) (a) Before a person may take over the operation of a provider that is If any provider liable for repayment of improper or erroneous payments or overpayments under ss. 49.43 to 49.497, full repayment shall be made. Upon request, the department shall notify the provider or the person that intends to take over the operation of the provider as to whether the provider sells or otherwise transfers ownership of his or her business or all or substantially all of the assets of the business, the transferor and transferee are each liable for the repayment. Prior to final transfer, the transferee is responsible for contacting the department and ascertaining if the transferor is liable under this paragraph.

AB1-ASA1-CA1, s. 121px Section 121px. 49.45 (21) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,189,23 49.45 (21) (b) If, notwithstanding the prohibition under par. (ar), a person takes over the operation of a provider If a transfer occurs and the applicable amount under par. (ar) (a) has not been repaid, the department may, in addition to withholding certification as authorized under sub. (2) (b) 8., proceed against the provider or the person either the transferor or the transferee. Within 30 days after the certified provider receives receiving notice from the department, the transferor or the transferee shall pay the amount shall be repaid in full. If the amount is not repaid in full Upon failure to comply, the department may bring an action to compel payment,. If a transferor fails to pay within 90 days after receiving notice from the department, the department may proceed under sub. (2) (a) 12., or may do both.

AB1-ASA1-CA1, s. 121py Section 121py. 49.45 (21) (e) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.".

AB1-ASA1-CA1,190,1 135. Page 38, line 20: after that line insert:

AB1-ASA1-CA1,190,2 " Section 121t. 49.45 (6m) (ar) 1. a. of the statutes is amended to read:

AB1-ASA1-CA1,190,12 49.45 (6m) (ar) 1. a. The department shall establish standards for payment of allowable direct care costs, for facilities that do not primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state and separate standards for payment of allowable direct care costs, for facilities that primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state. The standards shall be adjusted by the department for regional labor cost variations. For facilities in Douglas, Pierce, and St. Croix counties, the department shall perform the adjustment by use of the wage index that is used by the federal department of health and human services for hospital reimbursement under 42 USC 1395 to 1395ggg.".

AB1-ASA1-CA1,190,13 136. Page 38, line 20: after that line insert:

AB1-ASA1-CA1,190,14 " Section 121k. 49.26 (1) (h) 1. as. of the statutes is amended to read:

AB1-ASA1-CA1,190,18 49.26 (1) (h) 1. as. The individual has failed to request a hearing or has failed to show good cause for not cooperating with case management efforts in a hearing. The hearing shall be requested and held under s. 49.152 49.16. The department shall determine by rule the criteria for good cause.".

AB1-ASA1-CA1,190,19 137. Page 39, line 10: after that line insert:

AB1-ASA1-CA1,190,20 " Section 122c. 49.45 (50) of the statutes is created to read:

AB1-ASA1-CA1,190,24 49.45 (50) Disease management. (a) In this subsection, "disease management" means an integrated and systematic approach for managing the health care needs of patients who are at risk of or are diagnosed with a specific disease, using all of the following:

AB1-ASA1-CA1,191,1 1. Best practices.

AB1-ASA1-CA1,191,2 2. Prevention strategies.

AB1-ASA1-CA1,191,3 3. Clinical practice improvement.

AB1-ASA1-CA1,191,4 4. Clinical interventions and protocols.

AB1-ASA1-CA1,191,5 5. Outcomes research, information, and technology.

AB1-ASA1-CA1,191,7 6. Other tools and resources to reduce overall costs and improve measurable outcomes.

AB1-ASA1-CA1,191,10 (b) The department may contract with an entity, under the department's request-for-proposal procedures, to engage in disease management activities on behalf of recipients of medical assistance.".

AB1-ASA1-CA1,191,11 138. Page 41, line 13: after that line insert:

AB1-ASA1-CA1,191,12 " Section 128g. 49.49 (6) of the statutes is amended to read:

AB1-ASA1-CA1,191,22 49.49 (6) Recovery. In addition to other remedies available under this section, the court may award the department of justice the reasonable and necessary costs of investigation, an amount reasonably necessary to remedy the harmful effects of the violation and the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this section. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).".

AB1-ASA1-CA1,191,23 139. Page 46, line 20: after that line insert:

AB1-ASA1-CA1,192,2 " Section 145g. 49.85 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,192,10 49.85 (2) (a) At least annually, the department of health and family services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and family services, the department of health and family services has determined that it may recover under s. 49.45 (2) (a) 10. or 49.497, except that the department of health and family services may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.

AB1-ASA1-CA1, s. 145h Section 145h. 49.85 (3) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,192,16 49.85 (3) (a) 1. Inform the person that the department of health and family services intends to certify to the department of revenue an amount that the department of health and family services has determined to be due under s. 49.45 (2) (a) 10. or 49.497, for setoff from any state tax refund that may be due the person.".

AB1-ASA1-CA1,192,17 140. Page 47, line 25: after that line insert:

AB1-ASA1-CA1,192,18 " Section 148n. 50.36 (3d) of the statutes is created to read:

AB1-ASA1-CA1,192,21 50.36 (3d) (a) A hospital shall develop and maintain a system under which the hospital may grant emergency staff privileges to a health care provider, as defined in s. 146.81 (1), to whom all of the following apply:

AB1-ASA1-CA1,192,24 1. The health care provider seeks to provide care at the hospital during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1.

AB1-ASA1-CA1,193,3 2. The health care provider does not have staff privileges at the hospital at the time that the state of emergency related to public health is declared by the governor under s. 166.03 (1) (b) 1.

AB1-ASA1-CA1,193,4 3. The health care provider has staff privileges at another hospital.