Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,293,8 " Section 1660p. 49.1473 of the statutes is created to read:

SB55-SSA1-CA1,293,16 49.1473 Wisconsin works; domestic abuse screening and training. (1) (a) The department shall promulgate rules for screening victims of domestic abuse and for the training of Wisconsin works agency employees in domestic abuse issues. The rules shall allow an individual to voluntarily and confidentially disclose that he or she is or has been a victim of domestic abuse or is at risk of further domestic abuse. The rules shall also specify the evidence that is sufficient to establish that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse.

SB55-SSA1-CA1,293,19 (b) Each Wisconsin works agency shall establish procedures, in accordance with the rules promulgated by the department under par. (a), for screening victims of domestic abuse.

SB55-SSA1-CA1,294,9 (2) If a Wisconsin works agency employee identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the Wisconsin works agency shall provide the individual with information on community-based domestic abuse services, including information on shelters or programs for battered individuals, sexual assault provider services, medical services, sexual assault nurse examiners services, domestic violence and sexual assault hotlines, legal and medical counseling and advocacy, mental health care, counseling, and support groups. The Wisconsin works agency shall provide the information to the individual orally and in writing in accordance with guidelines developed by the department. The Wisconsin works agency shall also provide referrals for community-based counseling and supportive service providers to the individual if the individual elects to receive the services.".

SB55-SSA1-CA1,294,10 927. Page 597, line 6: after that line insert:

SB55-SSA1-CA1,294,11 " Section 1660y. 49.155 (1d) (a) of the statutes is amended to read:

SB55-SSA1-CA1,294,22 49.155 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. In establishing the requirements for certification under this paragraph of a child care provider who provides care and supervision for children under one year of age, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include a any other requirement for training for providers.".

SB55-SSA1-CA1,294,23 928. Page 601, line 2: after that line insert:

SB55-SSA1-CA1,294,24 " Section 1676n. 49.173 (title) of the statutes is amended to read:

SB55-SSA1-CA1,295,1 49.173 (title) Workforce attachment and advancement program.".

SB55-SSA1-CA1,295,2 929. Page 601, line 5: delete "(br)," and substitute "(br),".

SB55-SSA1-CA1,295,3 930. Page 602, line 6: delete lines 6 to 22 and substitute:

SB55-SSA1-CA1,295,5 " Section 1682bc. 49.175 (1) (d) of the statutes is repealed and recreated to read:

SB55-SSA1-CA1,295,9 49.175 (1) (d) Community reinvestment. 1. `Contracts for 1997 to 1999'. For the payment of community reinvestment funds that are earned as part of contracts entered into under s. 49.143 having a term that begins on September 1, 1997, and ends on December 31, 1999, $20,849,000 in fiscal year 2001-02.

SB55-SSA1-CA1,295,13 2. `Contracts for 2000 and 2001.' For the payment of community reinvestment funds that are earned as part of contracts entered into under s. 49.143 having a term that begins on January 1, 2000, and ends on December 31, 2001, $2,769,900 in fiscal year 2001-02 and $5,539,700 in fiscal year 2002-03.

SB55-SSA1-CA1, s. 1682cd Section 1682cd. 49.175 (1) (d) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

SB55-SSA1-CA1, s. 1682ce Section 1682ce. 49.175 (1) (d) 2. (title) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

SB55-SSA1-CA1, s. 1682cf Section 1682cf. 49.175 (1) (d) 2. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 49.175 (1) (d).".

SB55-SSA1-CA1,295,20 931. Page 603, line 6: delete "$24,767,500" and substitute "$24,680,700".

SB55-SSA1-CA1,295,21 932. Page 603, line 7: delete "$24,780,000" and substitute "$24,693,200".

SB55-SSA1-CA1,295,22 933. Page 603, line 19: delete lines 19 to 21.

SB55-SSA1-CA1,295,23 934. Page 604, line 14: delete "$11,145,900" and substitute "$11,395,900".

SB55-SSA1-CA1,295,24 935. Page 604, line 14: delete "$2,500,000" and substitute "$2,750,000".

SB55-SSA1-CA1,296,2 936. Page 604, line 19: after "attachment" insert " and advancement program".

SB55-SSA1-CA1,296,3 937. Page 604, line 21: delete "$5,000,000" and substitute "$7,842,200".

SB55-SSA1-CA1,296,5 938. Page 605, line 1: delete the material beginning with "under" and ending with "49.157," on line 2 and substitute "under s. 49.157,".

SB55-SSA1-CA1,296,8 939. Page 605, line 2: delete "$1,000,000" and substitute "for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et. seq., $900,000".

SB55-SSA1-CA1,296,9 940. Page 607, line 6: delete "$83,200 in each" and substitute "$93,400 in".

SB55-SSA1-CA1,296,10 941. Page 607, line 7: after "2000-01" insert "2002-03".

SB55-SSA1-CA1,296,11 942. Page 607, line 14: after that line insert:

SB55-SSA1-CA1,296,12 " Section 1714d. 49.175 (1) (zo) of the statutes is created to read:

SB55-SSA1-CA1,296,15 49.175 (1) (zo) After-school care program. For the transfer of moneys to the department of public instruction for the after-school care grant program under 2001 Wisconsin Act .... (this act), section 9140 (6w), $150,000 in fiscal year 2002-03.".

SB55-SSA1-CA1,296,16 943. Page 609, line 13: delete "(br),".

SB55-SSA1-CA1,296,19 944. Page 611, line 5: delete the material beginning with ", aid" and ending with "49.19" on line 6 and substitute ", aid to families with dependent children under s. 49.19".

SB55-SSA1-CA1,296,20 945. Page 611, line 6: delete "2029" and substitute "2029 2036".

SB55-SSA1-CA1,296,22 946. Page 611, line 10: delete "The" and substitute "The If the department of health and family services contracts with the department under sub. (5), the".

SB55-SSA1-CA1,297,2 947. Page 611, line 11: delete "appropriations" and substitute "appropriations appropriation".

SB55-SSA1-CA1,297,5 948. Page 611, line 11: delete the material beginning with "(dz)" and ending with "(nL)" on line 12 and substitute "(dz) and (L) and federal matching funds from the appropriations under s. 20.445 (3) (n) and (nL) (kx)".

SB55-SSA1-CA1,297,8 949. Page 611, line 14: delete the material beginning with "medical" and ending with "2036" on line 18 and substitute "medical assistance under subch. IV or the food stamp program under 7 USC 2011 to 2036".

SB55-SSA1-CA1,297,10 950. Page 615, line 19: after "46.23" insert ", and may contract with tribal governing bodies,".

SB55-SSA1-CA1,297,12 951. Page 615, line 20: after "departments" insert "and tribal governing bodies".

SB55-SSA1-CA1,297,13 952. Page 621, line 12: after that line insert:

SB55-SSA1-CA1,297,14 " Section 1750w. 49.45 (2) (a) 24. of the statutes is created to read:

SB55-SSA1-CA1,297,24 49.45 (2) (a) 24. Promulgate rules that require that the written plan of care for persons receiving personal care services under medical assistance be reviewed by a registered nurse at least every 60 days. The rules shall provide that the written plan of care shall designate intervals for visits to the recipient's home by a registered nurse as part of the review of the plan of care. The designated intervals for visits shall be based on the individual recipient's needs, and each recipient shall be visited in his or her home by a registered nurse at least once in every 12-month period. The rules shall also provide that a visit to the recipient is also required if, in the course of the nurse's review of the plan of care, there is evidence that a change in the recipient's condition has occurred that may warrant a change in the plan of care.".

SB55-SSA1-CA1,298,1 953. Page 621, line 12: after that line insert:

SB55-SSA1-CA1,298,3 " Section 1750d. 49.45 (2) (a) 10. of the statutes is renumbered 49.45 (2) (a) 10. a. and amended to read:

SB55-SSA1-CA1,298,9 49.45 (2) (a) 10. a. After reasonable notice and opportunity for hearing, recover money improperly or erroneously paid, or overpayments to a provider either 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 by requiring the provider to make direct payment to the department or its fiscal intermediary.

SB55-SSA1-CA1, s. 1750f Section 1750f. 49.45 (2) (a) 10. b. of the statutes is created to read:

SB55-SSA1-CA1,298,15 49.45 (2) (a) 10. b. Establish a deadline for payment of a recovery imposed under this subdivision and, if a provider fails to pay all of the amount to be recovered by the deadline, require payment, by the provider, of interest on any delinquent amount at the rate of 1% per month or fraction of a month from the date of the overpayment.

SB55-SSA1-CA1, s. 1750g Section 1750g. 49.45 (2) (a) 10. c. of the statutes is created to read:

SB55-SSA1-CA1,298,17 49.45 (2) (a) 10. c. Promulgate rules to implement this subdivision.

SB55-SSA1-CA1, s. 1750h Section 1750h. 49.45 (2) (a) 11. of the statutes is renumbered 49.45 (2) (a) 11. a. and amended to read:

SB55-SSA1-CA1,298,23 49.45 (2) (a) 11. a. Establish criteria for the certification of eligible providers of services under Title XIX of the social security act medical assistance and, except as provided in par. (b) 6m. and s. 49.48, and subject to par. (b) 7. and 8., certify such eligible providers who meet the criteria.

SB55-SSA1-CA1, s. 1750i Section 1750i. 49.45 (2) (a) 11. b. of the statutes is created to read:

SB55-SSA1-CA1,299,1 49.45 (2) (a) 11. b. Promulgate rules to implement this subdivision.

SB55-SSA1-CA1, s. 1750j Section 1750j. 49.45 (2) (a) 12. of the statutes is renumbered 49.45 (2) (a) 12. a. and amended to read:

SB55-SSA1-CA1,299,18 49.45 (2) (a) 12. a. 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 law statute or administrative rule and such violations are by law the violation is by statute, regulation, or rule grounds for decertification or suspension 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. 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.

SB55-SSA1-CA1, s. 1750k Section 1750k. 49.45 (2) (a) 12. b. of the statutes is created to read:

SB55-SSA1-CA1,299,20 49.45 (2) (a) 12. b. Promulgate rules to implement this subdivision.

SB55-SSA1-CA1, s. 1750L Section 1750L. 49.45 (2) (b) 6m. of the statutes is created to read:

SB55-SSA1-CA1,300,5 49.45 (2) (b) 6m. Limit the number of providers of particular services that may be certified under par. (a) 11. or the amount of resources, including employees and equipment, that a certified provider may use to provide particular services to medical assistance recipients, if the department finds that existing certified providers and resources provide services that are adequate in quality and amount to meet the need of medical assistance recipients for the particular services; and if the department finds that the potential for medical assistance fraud or abuse exists if additional providers are certified or additional resources are used by certified providers. The department shall promulgate rules to implement this subdivision.

SB55-SSA1-CA1, s. 1750n Section 1750n. 49.45 (2) (b) 7. of the statutes is created to read:

SB55-SSA1-CA1,300,18 49.45 (2) (b) 7. Require, as a condition of certification under par. (a) 11., all providers of a specific service that is among those enumerated under s. 49.46 (2) or 49.47 (6) (a), as specified in this subdivision, to file with the department a surety bond issued by a surety company licensed to do business in this state. Providers subject to this subdivision provide those services specified under s. 49.46 (2) or 49.47 (6) (a) for which providers have demonstrated significant potential to violate s. 49.49 (1) (a), (2) (a) or (b), (3), (3m) (a), (3p), (4) (a), or (4m) (a), to require recovery under par. (a) 10., or to need additional sanctions under par. (a) 13. The surety bond shall be payable to the department in an amount that the department determines is reasonable in view of amounts of former recoveries against providers of the specific service and the department's costs to pursue those recoveries. The department shall promulgate rules to implement this subdivision that specify all of the following:

SB55-SSA1-CA1,300,22 a. Services under medical assistance for which providers have demonstrated significant potential to violate s. 49.49 (1) (a), (2) (a) or (b), (3), (3m) (a), (3p), (4) (a), or (4m) (a), to require recovery under par. (a) 10., or to need additional sanctions under par. (a) 13.

SB55-SSA1-CA1,300,23 b. The amount or amounts of the surety bonds.

SB55-SSA1-CA1,301,3 c. Terms of the surety bond, including amounts, if any, without interest to be refunded to the provider upon withdrawal or decertification from the medical assistance program.

SB55-SSA1-CA1, s. 1750p Section 1750p. 49.45 (2) (b) 8. of the statutes is created to read:

SB55-SSA1-CA1,301,10 49.45 (2) (b) 8. Require a person who takes over the operation, as defined in sub. (21) (ag), of a provider, to first obtain certification under par. (a) 11. for the operation of the provider, regardless of whether the person is currently certified. The department may withhold the certification required under this subdivision until any outstanding repayment under sub. (21) is made. The department shall promulgate rules to implement this subdivision.

SB55-SSA1-CA1, s. 1750r Section 1750r. 49.45 (2) (b) 9. of the statutes is created to read:

SB55-SSA1-CA1,302,7 49.45 (2) (b) 9. After providing reasonable notice and opportunity for a hearing, charge an assessment to a provider that repeatedly has been subject to recoveries under par. (a) 10. a. because of the provider's failure to follow identical or similar billing procedures or to follow other identical or similar program requirements. The assessment shall be used to defray in part the costs of audits and investigations by the department under sub. (3) (g) and may not exceed $1,000 or 200% of the amount of any such repeated recovery made, whichever is greater. The provider shall pay the assessment to the department within 10 days after receipt of notice of the assessment or the final decision after administrative hearing, whichever is later. The department may recover any part of an assessment not timely paid by offsetting the assessment against any medical assistance payment owed to the provider and may refer any such unpaid assessments not collected in this manner to the attorney general, who may proceed with collection under this subdivision. Failure to timely pay in any manner an assessment charged under this subdivision, other than an assessment that is offset against any medical assistance payment owed to the provider, is grounds for decertification under subd. 12. A provider's payment of an assessment does not relieve the provider of any other legal liability incurred in connection with the recovery for which the assessment is charged, but is not evidence of violation of a statute or rule. The department shall credit all assessments received under this subdivision to the appropriation account under s. 20.435 (4) (iL). The department shall promulgate rules to implement this subdivision.

SB55-SSA1-CA1, s. 1750t Section 1750t. 49.45 (3) (g) of the statutes is renumbered 49.45 (3) (g) 1. and amended to read:

SB55-SSA1-CA1,303,6 49.45 (3) (g) 1. The secretary may appoint authorize personnel to audit or investigate and report to the department on any matter involving violations or complaints alleging violations of laws statutes, regulations, or rules applicable to Title XIX of the federal social security act or 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 appointed authorized by the secretary under this paragraph shall be issued, and shall possess at all times during which while they are performing their investigatory or audit functions under this section, identification, signed by the secretary which, that specifically designates the bearer as possessing the authorization to conduct medical assistance investigations or audits. Pursuant to Under the request of a designated person and upon presentation of that the person's authorization, providers and medical assistance recipients shall accord such the person access to any provider personnel, records, books, recipient medical records, 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 shall have authority to may hold hearings, administer oaths, take testimony, and perform all other duties necessary to bring such the matter before the department for final adjudication and determination.

SB55-SSA1-CA1, s. 1750td Section 1750td. 49.45 (3) (g) 2. of the statutes is created to read:

SB55-SSA1-CA1,303,9 49.45 (3) (g) 2. The department shall promulgate rules to implement this paragraph.

SB55-SSA1-CA1, s. 1750v Section 1750v. 49.45 (3) (h) 1. of the statutes is repealed.

SB55-SSA1-CA1, s. 1750vm Section 1750vm. 49.45 (3) (h) 1n. of the statutes is created to read:

SB55-SSA1-CA1,303,13 49.45 (3) (h) 1n. The department shall promulgate rules to implement this paragraph.

SB55-SSA1-CA1, s. 1750x Section 1750x. 49.45 (3) (h) 2. of the statutes is repealed.

SB55-SSA1-CA1, s. 1750z Section 1750z. 49.45 (3) (h) 3. of the statutes is renumbered 49.45 (3) (h) 1m. and amended to read:

SB55-SSA1-CA1,304,2 49.45 (3) (h) 1m. The failure or refusal of a person to purge himself or herself of contempt found under s. 885.12 and perform the act as required by law shall constitute 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 grounds for decertification or suspension of that person the provider from participation in the medical assistance program and no. No payment may be made for services rendered by that person subsequent to the provider 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).".

SB55-SSA1-CA1,304,3 954. Page 622, line 8: delete ", or (w)" and substitute ", (w), or (wm)".

SB55-SSA1-CA1,304,4 955. Page 622, line 14: delete lines 14 to 21.

SB55-SSA1-CA1,304,5 956. Page 624, line 21: delete "and (w)" and substitute ", (w), and (wm)".

SB55-SSA1-CA1,304,6 957. Page 627, line 2: after that line insert:

SB55-SSA1-CA1,304,7 " Section 1778d. 49.45 (6v) (b) of the statutes is amended to read:

SB55-SSA1-CA1,304,15 49.45 (6v) (b) The Beginning on October 1, 2003, and annually thereafter, the department shall, each year, submit to the joint committee on finance a report for the previous fiscal year, except for the 1997-98 fiscal year, that provides information on the utilization of beds by recipients of medical assistance in facilities and a discussion and detailed projection of the likely balances, expenditures, encumbrances and carry over of currently appropriated amounts in the appropriation accounts under s. 20.435 (4) (b) and (o) for the immediately prior 2 consecutive fiscal years.

SB55-SSA1-CA1, s. 1778h Section 1778h. 49.45 (6v) (c) of the statutes is amended to read:

SB55-SSA1-CA1,305,12 49.45 (6v) (c) If the report specified in par. (b) indicates that utilization of beds by recipients of medical assistance in facilities is less than estimates for that utilization reflected in the intentions of the joint committee on finance, legislature and governor, as expressed by them in the budget determinations, the department shall include a proposal to transfer moneys from the appropriation under s. 20.435 (4) (b) to the appropriation under s. 20.435 (7) (bd) for the purpose of increasing funding for the community options program under s. 46.27. The amount proposed for transfer may not reduce the balance in the appropriation account under s. 20.435 (4) (b) below an amount necessary to ensure that that appropriation account will end the current fiscal year or the current fiscal biennium with a positive balance. The secretary shall transfer the amount identified under the proposal decreased during the most recently completed fiscal year from the utilization of beds by recipients of medical assistance in facilities in the next most recently completed fiscal year, the department shall multiply the difference between the number of days of care provided to the recipients in the facilities in each of those prior 2 consecutive fiscal years by the average daily costs of care in the facilities for the most recently completed fiscal year. The average daily costs of care shall be calculated by dividing the total of medical assistance expenditures for care in facilities for the most recently completed fiscal year by the total number of days of care provided in facilities in that fiscal year.

SB55-SSA1-CA1, s. 1778p Section 1778p. 49.45 (6v) (d) of the statutes is created to read: