Amendment ASA1-SB55

SB55-ASA1,642,18 (3) Prior to applying to the department or a county department for medical assistance, a woman is eligible for medical assistance as provided under sub. (5) beginning on the date on which a qualified entity determines, on the basis of preliminary information, that the women meets the requirements specified in sub. (2) and ending on one of the following dates:

SB55-ASA1,642,22 (a) If the woman applies to the department or a county department for medical assistance within the time limit required under sub. (4), the day on which the department or county department determines whether the woman meets the requirements under sub. (2).

SB55-ASA1,643,2 (b) If the woman does not apply to the department or county department for medical assistance within the time limit required under sub. (4), the last day of the month following the month in which the qualified entity determines that the woman is eligible for medical assistance.

SB55-ASA1,643,6 (4) A woman who a qualified entity determines under sub. (3) is eligible for medical assistance shall apply to the department or county department no later than the last day of the month following the month in which the qualified entity determines that the woman is eligible for medical assistance.

SB55-ASA1,643,10 (5) The department shall audit and pay, from the appropriation accounts under s. 20.435 (4) (b) and (o), allowable charges to a provider who is certified under s. 49.45 (2) (a) 11. for medical assistance on behalf of a woman who meets the requirements under sub. (2) for all benefits and services specified under s. 49.46 (2).

SB55-ASA1,643,12 (6) A qualified entity that determines under sub. (3) that a woman is eligible for medical assistance as provided under sub. (5) shall do all of the following:

SB55-ASA1,643,14 (a) Notify the department of the determination no later than 5 days after the date on which the determination is made.

SB55-ASA1,643,18 (b) Inform the woman at the of time the determination that she is required to apply to the department or a county department for medical assistance no later than the last day of the month following the month in which the qualified entity determines that the woman is eligible for medical assistance.

SB55-ASA1,643,20 (7) The department shall provide qualified entities with application forms for medical assistance and information on how to assist women in completing the form.

SB55-ASA1, s. 1835k Section 1835k. Subchapter V (title) of chapter 49 [precedes 49.66] of the statutes is amended to read:

SB55-ASA1,643,23 CHAPTER 49

SB55-ASA1,644,3 SUBCHAPTER V OTHER MEDICALLY RELATED SERVICES AND SUPPORT and medical PROGRAMS

SB55-ASA1, s. 1037 Section 1037. 49.665 (4) (at) 1. a. of the statutes is amended to read:

SB55-ASA1,644,9 49.665 (4) (at) 1. a. Except as provided in subd. 1. b., the department shall establish a lower maximum income level for the initial eligibility determination if funding under s. 20.435 (4) (bc), (jz) and, (p), and (x) is insufficient to accommodate the projected enrollment levels for the health care program under this section. The adjustment may not be greater than necessary to ensure sufficient funding.

SB55-ASA1, s. 1836g Section 1836g. 49.665 (4) (at) 1. b. of the statutes is amended to read:

SB55-ASA1,644,21 49.665 (4) (at) 1. b. The department may not lower the maximum income level for initial eligibility unless the department first submits to the joint committee on finance its plans a plan for lowering the maximum income level and the committee approves the plan. If, within 14 days after submitting the plan the date on which the plan is submitted to the joint committee on finance, the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department shall implement the plan is considered approved by the committee as proposed. If within 14 days after the date on which the plan is submitted to the committee, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting to review the plan, the department may implement the plan only as approved by the committee.

SB55-ASA1, s. 1836r Section 1836r. 49.665 (4) (at) 1. c. of the statutes is created to read:

SB55-ASA1,645,8 49.665 (4) (at) 1. c. Notwithstanding s. 20.001 (3) (b), if, after reviewing the plan submitted under subd. 1. b., the joint committee on finance determines that the amounts appropriated under s. 20.435 (4) (bc), (jz), (p), and (x) are insufficient to accommodate the projected enrollment levels, the committee may transfer appropriated moneys from the general purpose revenue appropriation account of any state agency, as defined in s. 20.001 (1), other than a sum sufficient appropriation account, to the appropriation account under s. 20.435 (4) (bc) to supplement the health care program under this section if the committee finds that the transfer will eliminate unnecessary duplication of functions, result in more efficient and effective methods for performing programs or more effectively carry out legislative intent, and that legislative intent will not be changed by the transfer.

SB55-ASA1, s. 1038 Section 1038. 49.665 (4) (at) 2. of the statutes is amended to read:

SB55-ASA1,645,14 49.665 (4) (at) 2. If, after the department has established a lower maximum income level under subd. 1., projections indicate that funding under s. 20.435 (4) (bc), (jz) and, (p), and (x) is sufficient to raise the level, the department shall, by state plan amendment, raise the maximum income level for initial eligibility, but not to exceed 185% of the poverty line.

SB55-ASA1, s. 1837p Section 1837p. 49.68 (3) (b) of the statutes is amended to read:

SB55-ASA1,646,6 49.68 (3) (b) The From the appropriation accounts under ss. 20.435 (4) (e) and (je), the state shall pay the cost of medical treatment required as a direct result of chronic renal disease of certified patients from the date of certification, including the cost of administering recombinant human erythropoietin to appropriate patients, whether the treatment is rendered in an approved facility in the state or in a dialysis or transplantation center which is approved as such by a contiguous state, subject to the conditions specified under par. (d). Approved facilities may include a hospital in-center dialysis unit or a nonhospital dialysis center which is closely affiliated with a home dialysis program supervised by an approved facility. Aid shall also be provided for all reasonable expenses incurred by a potential living-related donor, including evaluation, hospitalization, surgical costs and postoperative follow-up to the extent that these costs are not reimbursable under the federal medicare program or other insurance. In addition, all expenses incurred in the procurement, transportation and preservation of cadaveric donor kidneys shall be covered to the extent that these costs are not otherwise reimbursable. All donor-related costs are chargeable to the recipient and reimbursable under this subsection.

SB55-ASA1, s. 1837q Section 1837q. 49.683 (2) of the statutes is amended to read:

SB55-ASA1,646,9 49.683 (2) Approved costs for medical care under sub. (1) shall be paid from the appropriation accounts under s. 20.435 (4) (e) and (je).

SB55-ASA1, s. 1837r Section 1837r. 49.685 (2) of the statutes is amended to read:

SB55-ASA1,646,16 49.685 (2) Assistance program. The From the appropriation accounts under s. 20.435 (4) (e) and (je), the department shall establish a program of financial assistance to persons suffering from hemophilia and other related congenital bleeding disorders. The program shall assist such persons to purchase the blood derivatives and supplies necessary for home care. The program shall be administered through the comprehensive hemophilia treatment centers.

SB55-ASA1, s. 1837s Section 1837s. 49.687 (title) of the statutes is amended to read:

SB55-ASA1,646,19 49.687 (title) Disease aids; patient financial and liability requirements; rebate agreements.

SB55-ASA1, s. 1039 Section 1039. 49.687 (2) of the statutes is amended to read:

SB55-ASA1,647,3 49.687 (2) The department shall develop and implement a sliding scale of patient liability for kidney disease aid under s. 49.68, cystic fibrosis aid under s. 49.683 and hemophilia treatment under s. 49.685, based on the patient's ability to pay for treatment. To ensure that the needs for treatment of patients with lower incomes receive priority within the availability of funds under s. 20.435 (4) (e) and (je), the department shall revise the sliding scale for patient liability by January 1, 1994, and shall, every 3 years thereafter by January 1, review and, if necessary, revise the sliding scale.

SB55-ASA1, s. 1838c Section 1838c. 49.687 (3) of the statutes is created to read:

SB55-ASA1,647,10 49.687 (3) The department or an entity with which the department contracts shall provide to a drug manufacturer that sells drugs for prescribed use in this state documents designed for use by the manufacturer in entering into a rebate agreement with the department or entity that is modeled on the rebate agreement specified under 42 USC 1396r-8. The department or entity may enter into a rebate agreement under this subsection that shall include all of the following as requirements:

SB55-ASA1,647,16 (a) That, as a condition of coverage for prescription drugs of a manufacturer under s. 49.68, 49.683, or 49.685, the manufacturer shall make rebate payments for each prescription drug of the manufacturer that is prescribed for and purchased by persons who meet eligibility criteria under s. 49.68, 49.683, or 49.685, to the state treasurer to be credited to the appropriation under s. 20.435 (4) (je), each calendar quarter or according to a schedule established by the department.

SB55-ASA1,647,22 (b) That the amount of the rebate payment shall be determined by a method specified in 42 USC 1396r-8 (c), except that, if the average manufacturer price for a prescription drug exceeds the average manufacturer price of the drug as of December 31, 2000, or the first calendar quarter after the day on which the drug was first available, as adjusted for inflation, the rebate amount shall increase by the amount of the difference.

SB55-ASA1, s. 1838sb Section 1838sb. 49.79 (2) (b) of the statutes is created to read:

SB55-ASA1,648,3 49.79 (2) (b) An individual who fails to comply with the work requirements of the employment and training program under s. 49.13 (2) (a) is ineligible to participate in the food stamp program as specified under s. 49.13 (3).

SB55-ASA1, s. 1838t Section 1838t. 49.79 (9) of the statutes is created to read:

SB55-ASA1,648,9 49.79 (9) Fraud investigations and error reduction activities. If the department does not contract with the department of workforce development under s. 49.197 (5), the department shall establish and administer a program to investigate fraudulent activity on the part of recipients of food stamps and to reduce errors in the payments of benefits under the food stamp program.

SB55-ASA1, s. 1838td Section 1838td. 49.79 (10) of the statutes is created to read:

SB55-ASA1,648,13 49.79 (10) Contract for employment and training program. The department shall contract with the department of workforce development to administer the employment and training program under s. 49.13.

SB55-ASA1, s. 1838u Section 1838u. 49.85 (1) of the statutes is amended to read:

SB55-ASA1,648,24 49.85 (1) County department Department notification requirement. If a county department under s. 46.215, 46.22, or 46.23 , or a governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency determines that the department of health and family services may recover an amount under s. 49.497 or that the department of workforce development may recover an amount under s. 49.125, 49.161, or 49.195 (3), the county department or governing body shall notify the affected department of the determination. If a Wisconsin works agency determines that the department of workforce development may recover an amount under s. 49.161 or 49.195 (3), the Wisconsin works agency shall notify the department of workforce development of the determination.

SB55-ASA1, s. 1838v Section 1838v. 49.85 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1,649,12 49.85 (1) Department notification requirement. If a county department under s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health and family services may recover an amount under s. 49.497 or that the department of workforce development may recover an amount under s. 49.125, 49.161, or 49.195 (3), or 49.793, the county department or governing body shall notify the affected department of the determination. If a Wisconsin works agency determines that the department of workforce development may recover an amount under s. 49.161 or 49.195 (3), the Wisconsin works agency shall notify the department of workforce development of the determination.

SB55-ASA1, s. 1839m Section 1839m. 49.85 (2) (b) of the statutes is amended to read:

SB55-ASA1,649,21 49.85 (2) (b) At least annually, the department of workforce development 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 workforce development, the department of workforce development has determined that it may recover under ss. 49.125, 49.161 and, 49.195 (3), and 49.793, except that the department of workforce development 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.

SB55-ASA1, s. 1840g Section 1840g. 49.85 (3) (b) 1. of the statutes is amended to read:

SB55-ASA1,650,2 49.85 (3) (b) 1. Inform the person that the department of workforce development intends to certify to the department of revenue an amount that the department of workforce development has determined to be due under s. 49.125, 49.161 or, 49.195 (3), or 49.793, for setoff from any state tax refund that may be due the person.

SB55-ASA1, s. 1040 Section 1040. 49.853 (2) of the statutes is amended to read:

SB55-ASA1,650,15 49.853 (2) Financial record matching program and agreements. The department shall operate a financial record matching program under this section. The department shall promulgate rules specifying procedures under which the department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under this section. The agreement shall require the financial institution to participate in the financial record matching program under this section by electing either the financial institution matching option under sub. (3) or the state matching option under sub. (4). The rules promulgated under this section shall provide for reimbursement of financial institutions in an amount not to exceed their actual costs of participation department shall reimburse a financial institution up to $125 per quarter for participating in the financial record matching program under this section.

SB55-ASA1, s. 1041 Section 1041. 49.855 (1) of the statutes is amended to read:

SB55-ASA1,650,25 49.855 (1) If a person obligated to provide pay child support, family support or , maintenance, or the receiving and disbursing fee under s. 767.29 (1) (d) is delinquent in making court-ordered any of those payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses, or birth expenses, upon application under s. 59.53 (5) the department of workforce development shall certify the delinquent payment or outstanding amount to the department of revenue and, at least annually, shall provide to the department of revenue any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.

SB55-ASA1, s. 1042 Section 1042. 49.855 (3) of the statutes is amended to read:

SB55-ASA1,651,23 49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support or, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or family court commissioner, the department of workforce development or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. The family court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance. An obligor may, within 20 days of receiving notice that the amount certified shall be withheld from his or her federal tax refund or credit, request a hearing under this subsection.

SB55-ASA1, s. 1844b Section 1844b. 49.855 (4) of the statutes is renumbered 49.855 (4) (a) and amended to read:

SB55-ASA1,652,12 49.855 (4) (a) The department of revenue shall send that the portion of any state or federal tax refunds or credits withheld for delinquent child or family support or maintenance or past support, medical expenses, or birth expenses to the department of workforce development or its designee for distribution to the obligee deposit in the support collections trust fund under s. 25.68 and shall send the portion of any state tax refunds or credits withheld for delinquent receiving and disbursing fees to the department of workforce development or its designee for deposit in the appropriation account under s. 20.445 (3) (ja). The department of workforce development shall make a settlement at least annually with the department of revenue. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits, and the administrative costs incurred by the department of revenue.

SB55-ASA1, s. 1844c Section 1844c. 49.855 (4) (b) of the statutes is created to read:

SB55-ASA1,652,22 49.855 (4) (b) The department of administration shall send the portion of any federal tax refunds or credits received from the internal revenue service that was withheld for delinquent child or family support or maintenance or past support, medical expenses, or birth expenses to the department of workforce development or its designee for deposit in the support collections trust fund under s. 25.68 and shall send the portion of any federal tax refunds or credits received from the internal revenue service that was withheld for delinquent receiving and disbursing fees to the department of workforce development or its designee for deposit in the appropriation account under s. 20.445 (3) (ja).

SB55-ASA1, s. 1043 Section 1043. 49.855 (4m) (b) of the statutes is amended to read:

SB55-ASA1,653,23 49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m), or (2p) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support or, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. Pending further order by the court or family court commissioner, the department of workforce development or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.

SB55-ASA1, s. 1044 Section 1044. 49.855 (4m) (c) of the statutes is amended to read:

SB55-ASA1,654,10 49.855 (4m) (c) Except as provided by order of the court after hearing under par. (b), the department of administration shall continue withholding until the amount certified is recovered in full. The department of administration shall transfer the amounts withheld under this paragraph to the department of workforce development or its designee, the department of health and family services, or the department of corrections, whichever is appropriate. The department of workforce development or its designee shall distribute deposit amounts withheld for delinquent child or family support or, maintenance, or receiving and disbursing fees or past support, medical expenses, or birth expenses to the obligee in the appropriation account under s. 20.445 (3) (kp).

SB55-ASA1, s. 1045 Section 1045. 50.033 (2s) (intro.) of the statutes is amended to read:

SB55-ASA1,654,17 50.033 (2s) Required referral. (intro.) Subject to sub. (2t), an adult family home shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

SB55-ASA1, s. 1046 Section 1046. 50.034 (5n) (intro.) of the statutes is amended to read:

SB55-ASA1,654,24 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), a residential care apartment complex shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

SB55-ASA1, s. 1047 Section 1047. 50.035 (4n) (intro.) of the statutes is amended to read:

SB55-ASA1,655,6 50.035 (4n) Required referral. (intro.) Subject to sub. (4p), a community-based residential facility shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

SB55-ASA1, s. 1955b Section 1955b. 51.02 (1) (e) of the statutes is repealed.

SB55-ASA1, s. 1048 Section 1048. 51.06 (1) (intro.) of the statutes is renumbered 51.06 (1) and amended to read:

SB55-ASA1,655,15 51.06 (1) Purpose. The purpose of the northern center for developmentally disabled, central center for developmentally disabled and southern center for developmentally disabled is to provide services needed by developmentally disabled citizens of this state which that are otherwise unavailable to them, and to return such those persons to the community when their needs can be met at the local level. Services to be provided by the department at such centers shall include:

SB55-ASA1, s. 1049 Section 1049. 51.06 (1) (a) to (d) of the statutes are renumbered 51.06 (1m) (a) to (d), and 51.06 (1m) (d), as renumbered, is amended to read:

SB55-ASA1,655,20 51.06 (1m) (d) Services for up to 36 50 individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors.

SB55-ASA1, s. 1050 Section 1050. 51.06 (1m) (intro.) of the statutes is created to read:

SB55-ASA1,655,23 51.06 (1m) Services. (intro.) Services to be provided by the department at centers for the developmentally disabled shall include:

SB55-ASA1, s. 1051 Section 1051. 51.06 (1r) of the statutes is created to read:

SB55-ASA1,656,6 51.06 (1r) Alternative services. (a) In addition to services provided under sub. (1m), the department may, when the department determines that community services need to be supplemented, authorize a center for the developmentally disabled to offer short-term residential services, dental and mental health services, therapy services, psychiatric and psychological services, general medical services, pharmacy services, and orthotics.

SB55-ASA1,656,16 (b) Services under this subsection may be provided only under contract between the department and a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a school district, or another public or private entity within the state to persons referred from those entities, at the discretion of the department. The department shall charge the referring entity all costs associated with providing the services. Unless a referral is made, the department may not offer services under this subsection to the person who is to receive the services or to his or her family. The department may not impose a charge for services under this subsection upon the person receiving the services or upon his or her family. Any revenues received under this subsection shall be credited to the appropriation account under s. 20.435 (2) (g).

SB55-ASA1,656,24 (c) 1. Services under this subsection are governed by subchapter XVI of ch. 48 and ss. 50.03, 50.032, 50.033, 50.034 (1) to (3), 50.035, 50.04, 50.09, 51.04, 51.42 (7) (b), and 51.61, for the application of which the services shall be considered to be provided by a private entity, by rules promulgated under those statutes, and by the terms of the contract between the department, except that, in the event of a conflict between the contractual terms and the statutes or rules, the services shall comply with the contractual, statutory, or rules provision that is most protective of the service recipient's health, safety, welfare, or rights.

SB55-ASA1,657,4 2. Sections 46.03 (18), 46.10, 51.15 (2), 51.20 (13) (c) 1., and 51.42 (3) (as) and zoning or other ordinances or regulations of the county, city, town, or village in which the services are provided or the facility is located do not apply to the services under this subsection.

SB55-ASA1,657,6 3. The department may not be required, by court order or otherwise, to offer services under this subsection.

SB55-ASA1,657,10 (d) A residential facility operated by a center for the developmentally disabled that is authorized by the department under this subsection may not be considered to be a hospital, as defined in s. 50.33 (2), an inpatient facility, a state treatment facility, or a treatment facility.

SB55-ASA1, s. 1052 Section 1052. 51.42 (3) (ar) 4m. of the statutes is amended to read:

SB55-ASA1,657,17 51.42 (3) (ar) 4m. If state, federal, and county funding for alcohol and other drug abuse treatment services provided under subd. 4. are insufficient to meet the needs of all eligible individuals, ensure that first priority for services is given to pregnant women who suffer from alcoholism or alcohol abuse or are drug dependent and that second priority be given to independent foster care adolescents, as defined in 42 USC 1396d (w) (1).

SB55-ASA1, s. 1053 Section 1053. 51.42 (3) (ar) 4p. of the statutes is created to read:

SB55-ASA1,657,22 51.42 (3) (ar) 4p. If state, federal, and county funding for mental health services provided under subd. 4. are insufficient to meet the needs of all eligible individuals, ensure that first priority for services is given to independent foster care adolescents, as defined in 42 USC 1396d (w) (1).

SB55-ASA1, s. 1054 Section 1054. 51.42 (3) (as) 1. of the statutes is amended to read:

SB55-ASA1,658,24 51.42 (3) (as) 1. A county department of community programs shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. A Except as provided in subd. 1m., a county department of community programs may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of health and family services under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client.

SB55-ASA1, s. 1055 Section 1055. 51.42 (3) (as) 1m. of the statutes is created to read: