SB55-ASA1-AA1,430,2420
49.134
(2) (a) From the
appropriation under s. 20.445 (3) (dz) and the allocation
21under s. 49.155 (1g) (b), the department shall make grants to local agencies to fund
22child care resource and referral services provided by those local agencies. The
23department shall provide an allocation formula to determine the amount of a grant
24awarded under this section.".
SB55-ASA1-AA1,431,17
549.1475 Follow-up services. Following any follow-up period required by the
6contract entered into under s. 49.143, a Wisconsin works agency may provide case
7management services for an individual who moves from a Wisconsin works
8employment position to unsubsidized employment to help the individual retain the
9unsubsidized employment. Case management services may include the provision of
10employment skills training; English as a 2nd language classes, if the Wisconsin
11works agency determines that the course will facilitate the individual's efforts to
12retain employment; a course of study meeting the standards established under s.
13115.29 (4) for the granting of a declaration of equivalency of high school graduation;
14or other remedial education courses.
A Wisconsin works agency shall coordinate case
15management services with a program offered by a technical college under s. 38.34. 16The Wisconsin works agency may provide case management services regardless of
17the individual's income and asset levels.".
SB55-ASA1-AA1,431,2320
49.147
(6) (c)
Distribution and administration. From the appropriations under
21s. 20.445 (3)
(e), (jL) and (md), the department shall distribute funds for job access
22loans to a Wisconsin works agency, which shall administer the loans in accordance
23with rules promulgated by the department.".
SB55-ASA1-AA1,432,122
49.155
(1d) (a) The department shall promulgate rules establishing standards
3for the certification of child care providers under s. 48.651.
In establishing the
4requirements for certification under this paragraph of a child care provider who
5provides care and supervision for children under one year of age, the department
6shall include a requirement that all providers and all employees and volunteers of
7a provider who provide care and supervision for children receive, before the date on
8which the provider is certified or the employment or volunteer work commences,
9whichever is applicable, training in the most current medically accepted methods of
10preventing sudden infant death syndrome. In establishing the requirements for
11certification as a Level II certified family day care provider, the department may not
12include
a any other requirement for training for providers.".
SB55-ASA1-AA1,432,15
14"
Section 1676e. 49.155 (5) of the statutes is renumbered 49.155 (5) (a) and
15amended to read:
SB55-ASA1-AA1,432,1816
49.155
(5) (a)
Liability for payment.
An Except as provided in par. (b), an 17individual is liable for the percentage of the cost of the child care specified by the
18department in a printed copayment schedule.
SB55-ASA1-AA1,432,23
19(b) An individual who is under the age of 20 and is attending high school or
20participating in a course of study meeting the standards established under s. 115.29
21(4) for the granting of a declaration of equivalency to high school graduation may not
22be determined liable for more than the minimum copayment amount for the type of
23child care received and the number of children receiving child care.".
SB55-ASA1-AA1,433,4
449.173 (title)
Workforce attachment and advancement program.".
SB55-ASA1-AA1,433,1614
49.175
(1) (qd)
Child care resource and referral services. For child care resource
15and referral services grants under s. 49.134 (2), $400,000 in fiscal year 2001-02 and
16$400,000 in fiscal year 2002-03.".
SB55-ASA1-AA1,434,129
49.175
(1) (zq)
Job retention skills development programs. For the transfer of
10moneys to the technical college system board for implementation costs for job
11retention skills development programs under s. 38.34, $200,000 in fiscal year
122001-02.".
SB55-ASA1-AA1,435,3
149.45
(2) (a) 2m. Consider for payment a correct and complete claim or
2adjustment received by the department's fiscal agent within no more than 365 days
3after the date of service, except in any of the following circumstances:
SB55-ASA1-AA1,435,44
a. Circumstances specified by the department by rule.
SB55-ASA1-AA1,435,115
b. If services that are reimbursable under this subdivision were initially
6reimbursed as general relief under s. 49.02, 1991 stats., or as medical relief under
7a relief block grant under s. 49.025, 49.027, or 49.029 and if the entity that submits
8the claim reimburses the department under a contract with the county that
9originally paid the claim that is entered into before the department receives the
10claim, for any additional departmental administrative costs necessary to process the
11claim.
SB55-ASA1-AA1,435,1313
49.45
(2) (a) 2n. Subdivision 2m. does not apply after June 30, 2005.".
SB55-ASA1-AA1,435,16
14813. Page 621, line 7: after "
body" insert "
. The department may designate
15the function, to the extent permitted under federal law or a waiver from the federal
16secretary of health and human services, to a Wisconsin works agency".
SB55-ASA1-AA1,435,19
18"
Section 1750d. 49.45 (2) (a) 10. of the statutes is renumbered 49.45 (2) (a) 10.
19a. and amended to read:
SB55-ASA1-AA1,436,220
49.45
(2) (a) 10. a. After reasonable notice and opportunity for
hearing the
21provider to present information and argument to department staff, recover money
22improperly or erroneously paid
, or overpayments to a provider
either by offsetting
23or adjusting amounts owed the provider under the program, crediting against a
24provider's future claims for reimbursement for other services or items furnished by
1the provider under the program, or
by requiring the provider to make direct payment
2to the department or its fiscal intermediary.
SB55-ASA1-AA1,436,84
49.45
(2) (a) 10. b. Establish a deadline for payment of a recovery imposed
5under this subdivision and, if a provider fails to pay all of the amount to be recovered
6by the deadline, require payment, by the provider, of interest on any delinquent
7amount at the rate of 1% per month or fraction of a month from the date of the
8overpayment.
SB55-ASA1-AA1,436,1310
49.45
(2) (a) 11. Establish criteria for
the certification of
eligible providers of
11services under Title XIX of the social security act
medical assistance and, except as
12provided in
par. (b) 6m. and s. 49.48
, and subject to par. (b) 7. and 8., certify
such
13eligible providers
who meet the criteria.
SB55-ASA1-AA1,437,415
49.45
(2) (a) 12. Decertify
or suspend under this subdivision a provider from
16or restrict a provider's participation in the medical assistance program, if after
17giving reasonable notice and opportunity for hearing
, the department finds that the
18provider has violated
a federal
statute or regulation or
a state
law
statute or
19administrative rule and
such violations are by law
the violation is by statute,
20regulation
, or rule grounds for decertification or
suspension restriction. The
21department shall suspend the provider pending the hearing under this subdivision
22if the department includes in its decertification notice findings that the provider's
23continued participation in the medical assistance program pending hearing is likely
24to lead to the irretrievable loss of public funds and is unnecessary to provide
25adequate access to services to medical assistance recipients. As soon as practicable
1after the hearing, the department shall issue a written decision. No payment may
2be made under the medical assistance program with respect to any service or item
3furnished by the provider subsequent to decertification or during the period of
4suspension.
SB55-ASA1-AA1,437,96
49.45
(2) (b) 6m. Limit the number of providers of particular services that may
7be certified under par. (a) 11. or the amount of resources, including employees and
8equipment, that a certified provider may use to provide particular services to medical
9assistance recipients, if the department finds all of the following:
SB55-ASA1-AA1,437,1210
a. That existing certified providers and resources provide services that are
11adequate in quality and amount to meet the need of medical assistance recipients for
12the particular services.
SB55-ASA1-AA1,437,1413
b. That the potential for medical assistance fraud or abuse exists if additional
14providers are certified or additional resources are used by certified providers.
SB55-ASA1-AA1,438,216
49.45
(2) (b) 7. Require, as a condition of certification under par. (a) 11., all
17providers of a specific service that is among those enumerated under s. 49.46 (2) or
1849.47 (6) (a), as specified in this subdivision, to file with the department a surety bond
19issued by a surety company licensed to do business in this state. Providers subject
20to this subdivision provide those services specified under s. 49.46 (2) or 49.47 (6) (a)
21for which providers have demonstrated significant potential to violate s. 49.49 (1) (a),
22(2) (a) or (b), (3), (3m) (a), (3p), (4) (a), or (4m) (a), to require recovery under par. (a)
2310., or to need additional sanctions under par. (a) 13. The surety bond shall be
24payable to the department in an amount that the department determines is
25reasonable in view of amounts of former recoveries against providers of the specific
1service and the department's costs to pursue those recoveries. The department shall
2promulgate rules under this subdivision that specify all of the following:
SB55-ASA1-AA1,438,63
a. Services under medical assistance for which providers have demonstrated
4significant potential to violate s. 49.49 (1) (a), (2) (a) or (b), (3), (3m) (a), (3p), (4) (a),
5or (4m) (a), to require recovery under par. (a) 10., or to need additional sanctions
6under par. (a) 13.
SB55-ASA1-AA1,438,77
b. The amount or amounts of the surety bonds.
SB55-ASA1-AA1,438,108
c. Terms of the surety bond, including amounts, if any, without interest to be
9refunded to the provider upon withdrawal or decertification from the medical
10assistance program.
SB55-ASA1-AA1,438,1612
49.45
(2) (b) 8. Require a person who takes over the operation, as defined in sub.
13(21) (ag), of a provider, to first obtain certification under par. (a) 11. for the operation
14of the provider, regardless of whether the person is currently certified. The
15department may withhold the certification required under this subdivision until any
16outstanding repayment under sub. (21) is made.
SB55-ASA1-AA1,439,1218
49.45
(2) (b) 9. After providing reasonable notice and opportunity for a hearing,
19charge an assessment to a provider that repeatedly has been subject to recoveries
20under par. (a) 10. a. because of the provider's failure to follow identical or similar
21billing procedures or to follow other identical or similar program requirements. The
22assessment shall be used to defray in part the costs of audits and investigations by
23the department under sub. (3) (g) and may not exceed $1,000 or 200% of the amount
24of any such repeated recovery made, whichever is greater. The provider shall pay the
25assessment to the department within 10 days after receipt of notice of the assessment
1or the final decision after administrative hearing, whichever is later. The
2department may recover any part of an assessment not timely paid by offsetting the
3assessment against any medical assistance payment owed to the provider and may
4refer any such unpaid assessments not collected in this manner to the attorney
5general, who may proceed with collection under this subdivision. Failure to timely
6pay in any manner an assessment charged under this subdivision, other than an
7assessment that is offset against any medical assistance payment owed to the
8provider, is grounds for decertification under subd. 12. A provider's payment of an
9assessment does not relieve the provider of any other legal liability incurred in
10connection with the recovery for which the assessment is charged, but is not evidence
11of violation of a statute or rule. The department shall credit all assessments received
12under this subdivision to the appropriation account under s. 20.435 (4) (iL).
SB55-ASA1-AA1,440,1014
49.45
(3) (g) The secretary may
appoint authorize personnel to audit or
15investigate and report to the department on any matter involving violations or
16complaints alleging violations of
laws statutes, regulations, or rules applicable to
17Title XIX of the federal social security act or the medical assistance program and to
18perform such investigations or audits as are required to verify the actual provision
19of services or items available under the medical assistance program and the
20appropriateness and accuracy of claims for reimbursement submitted by providers
21participating in the program. Department employees
appointed authorized by the
22secretary under this paragraph shall be issued
, and shall possess at all times
during
23which while they are performing their investigatory or audit functions under this
24section
, identification
, signed by the secretary
which, that specifically designates the
25bearer as possessing the authorization to conduct medical assistance investigations
1or audits.
Pursuant to Under the request of a designated person and upon
2presentation of
that the person's authorization, providers and
medical assistance 3recipients shall accord
such the person access to any
provider personnel, records,
4books,
recipient medical records, or documents or other information needed.
Under
5the written request of a designated person and upon presentation of the person's
6authorization, providers and recipients shall accord the person access to any needed
7patient health care records of a recipient. Authorized employees
shall have authority
8to may hold hearings, administer oaths, take testimony
, and perform all other duties
9necessary to bring
such the matter before the department for final adjudication and
10determination.
SB55-ASA1-AA1, s. 1750z
13Section 1750z. 49.45 (3) (h) 3. of the statutes is renumbered 49.45 (3) (h) and
14amended to read:
SB55-ASA1-AA1,440,2415
49.45
(3) (h) The failure or refusal of a
person to purge himself or herself of
16contempt found under s. 885.12 and perform the act as required by law shall
17constitute provider to accord department auditors or investigators access as required
18under par. (g) to any provider personnel, records, books, patient health care records
19of medical assistance recipients, or documents or other information requested
20constitutes grounds for decertification or suspension of
that person the provider from
21participation in the medical assistance program
and no.
No payment may be made
22for services rendered by
that person subsequent to
the provider following 23decertification
or, during the period of suspension
, or during any period of provider
24failure or refusal to accord access as required under par. (g).".
SB55-ASA1-AA1,441,123
49.45
(2) (a) 24. Promulgate rules that require that the written plan of care for
4persons receiving personal care services under medical assistance be reviewed by a
5registered nurse at least every 60 days. The rules shall provide that the written plan
6of care shall designate intervals for visits to the recipient's home by a registered
7nurse as part of the review of the plan of care. The designated intervals for visits
8shall be based on the individual recipient's needs, and each recipient shall be visited
9in his or her home by a registered nurse at least once in every 12-month period. The
10rules shall also provide that a visit to the recipient is also required if, in the course
11of the nurse's review of the plan of care, there is evidence that a change in the
12recipient's condition has occurred that may warrant a change in the plan of care.".
