Amendment SSA1-SB44

SB44-SSA1,553,16 49.687 (title) Disease aids; patient requirements; rebate agreements; cost containment.

SB44-SSA1, s. 1432 Section 1432. 49.687 (1) of the statutes is amended to read:

SB44-SSA1,554,8 49.687 (1) The department shall promulgate rules that require a person who is eligible for benefits under s. 49.68, 49.683, or 49.685 and whose current estimated total family income exceeds specified limits for the current year is at or above 200% of the poverty line to obligate or expend specified portions of the income for medical care for treatment of kidney disease, cystic fibrosis, or hemophilia before receiving benefits under s. 49.68, 49.683, or 49.685. The rules shall require a person to pay 0.50% of his or her total family income for the cost of medical treatment covered under s. 49.68, 49.683, or 49.685 if that income is from 200% to 250% of the federal poverty line, 0.75% if that income is more than 250% but not more than 275% of the federal poverty line, 1% if that income is more than 275% but not more than 300% of the federal poverty line, 1.25% if that income is more than 300% but not more than 325% of the federal poverty line, 2% if that income is more than 325% but not more than 350% of the federal poverty line, 2.75% if that income is more than 350% but not more than 375% of the federal poverty line, 3.5% if that income is more than 375% but not more than 400% of the federal poverty line, and 4.5% if that income is more than 400% of the federal poverty line.

SB44-SSA1, s. 1433 Section 1433. 49.687 (1m) of the statutes is created to read:

SB44-SSA1,554,14 49.687 (1m) (a) A person is not eligible to receive benefits under s. 49.68 or 49.683 unless before the person applies for benefits under s. 49.68 or 49.683, the person first applies for benefits under all other health care coverage programs specified by the department by rule under par. (b) for which the person reasonably may be eligible.

SB44-SSA1,554,20 (b) The department shall promulgate rules that specify other health care coverage programs for which a person must apply before applying for benefits under s. 49.68 or 49.683. The programs specified by rule must include the Medical Assistance program under subch. IV, the Badger Care health care program under s. 49.665, and the prescription drug assistance for elderly persons program under s. 49.688.

SB44-SSA1,555,3 (c) Using the procedure under s. 227.24, the department may promulgate rules under par. (b) for the period before the effective date of any permanent rules promulgated under par. (b), but not to exceed the period authorized under s. 227.24 (1) (c) and (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under par. (b) as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to make a finding of emergency for promulgating a rule under par. (b) as an emergency rule.

SB44-SSA1, s. 1434 Section 1434. 49.687 (2) of the statutes is amended to read:

SB44-SSA1,555,14 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 The department shall continuously review the sliding scale for patient liability and revise it as needed to ensure that the needs for treatment of patients with lower incomes receive priority within the availability of funds amounts budgeted 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 are sufficient to cover treatment costs.

SB44-SSA1, s. 1435 Section 1435. 49.687 (2m) of the statutes is created to read:

SB44-SSA1,555,20 49.687 (2m) If a pharmacy directly bills the department or an entity with which the department contracts for a drug supplied to a person receiving benefits under s. 49.68, 49.683, or 49.685 and prescribed for treatment covered under s. 49.68, 49.683, or 49.685, the person shall pay a $7.50 copayment amount for each such generic drug and a $15 copayment amount for each such brand name drug.

SB44-SSA1, s. 1436 Section 1436. 49.687 (3) (a) of the statutes is amended to read:

SB44-SSA1,556,3 49.687 (3) (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 secretary of administration to be credited to the appropriation under s. 20.435 (4) (je), each calendar quarter or according to a schedule established by the department.

SB44-SSA1, s. 1437 Section 1437. 49.687 (4) of the statutes is created to read:

SB44-SSA1,556,6 49.687 (4) The department may adopt managed care methods of cost containment for the programs under ss. 49.68, 49.683, and 49.685.

SB44-SSA1, s. 1438h Section 1438h. 49.688 (2) (b) of the statutes is amended to read:

SB44-SSA1,556,16 49.688 (2) (b) A person to whom par. (a) 1. to 3. and 5. applies, but whose annual household income, as determined by the department and as modified under sub. (4m), if applicable, exceeds 240% of the federal poverty line for a family the size of the persons' person's eligible family, is eligible to purchase a prescription drug at the amounts specified in sub. (5) (a) 4. only during the remaining amount of any 12-month period in which the person has first paid the annual deductible specified in sub. (3) (b) 2. a. in purchasing prescription drugs at the retail price or, if permitted under sub. (4m), in paying premiums for a long-term care insurance policy and has then paid the annual deductible specified in sub. (3) (b) 2. b.

SB44-SSA1, s. 1439d Section 1439d. 49.688 (3) (a) of the statutes is amended to read:

SB44-SSA1,556,19 49.688 (3) (a) For each 12-month benefit period, a program enrollment fee of $20 $30.

SB44-SSA1, s. 1442 Section 1442. 49.688 (3) (b) 1. of the statutes is renumbered 49.688 (3) (b) 1. (intro.) and amended to read:

SB44-SSA1,557,2 49.688 (3) (b) 1. (intro.) For each 12-month benefit period, for a person specified in sub. (2) (a), a deductible for prescription drugs of $500, except that a person whose that is based on the percentage that a person's annual household income, as determined by the department, is 160% or less of the federal poverty line for a family the size of the person's eligible family pays no deductible., as follows:

SB44-SSA1, s. 1443 Section 1443. 49.688 (3) (b) 1. a. of the statutes is created to read:

SB44-SSA1,557,4 49.688 (3) (b) 1. a. One hundred sixty percent or less, no deductible.

SB44-SSA1, s. 1444 Section 1444. 49.688 (3) (b) 1. b. of the statutes is created to read:

SB44-SSA1,557,6 49.688 (3) (b) 1. b. More than 160%, but not more than 200%, $500.

SB44-SSA1, s. 1445 Section 1445. 49.688 (3) (b) 1. c. of the statutes is created to read:

SB44-SSA1,557,8 49.688 (3) (b) 1. c. More than 200%, but not more than 240%, $850.

SB44-SSA1, s. 1445h Section 1445h. 49.688 (3) (b) 2. a. of the statutes is amended to read:

SB44-SSA1,557,12 49.688 (3) (b) 2. a. The difference between the person's annual household income, as modified under sub. (4m), if applicable, and 240% of the federal poverty line for a family the size of the person's eligible family.

SB44-SSA1, s. 1446 Section 1446. 49.688 (3) (b) 2. b. of the statutes is amended to read:

SB44-SSA1,557,14 49.688 (3) (b) 2. b. Five Eight hundred fifty dollars.

SB44-SSA1, s. 1446g Section 1446g. 49.688 (3) (c) 2. of the statutes is amended to read:

SB44-SSA1,557,17 49.688 (3) (c) 2. A copayment of $15 $20 for each prescription drug that does not bear only a generic name.

SB44-SSA1, s. 1446h Section 1446h. 49.688 (4m) of the statutes is created to read:

SB44-SSA1,557,24 49.688 (4m) If a person who applies for prescription drug assistance under this section pays premiums for a long-term care insurance policy, as defined in s. 146.91 (1), the department either shall treat the amount that the person pays in premiums as a reduction in the person's annual household income for purposes of subs. (2) (b) and (3) (b) 2. a. or shall count the amount paid in premiums towards the deductible specified under sub. (3) (b) 2. a. and required for eligibility under sub. (2) (b).

SB44-SSA1, s. 1447 Section 1447. 49.688 (6) (a) of the statutes is amended to read:

SB44-SSA1,558,7 49.688 (6) (a) That, except as provided in sub. (7) (b), the manufacturer shall make rebate payments for each prescription drug of the manufacturer that is prescribed for and purchased by persons who meet criteria under sub. (2) (a) and persons who meet criteria under sub. (2) (b) and have paid the deductible under sub. (3) (b) 2. a., to the state treasurer secretary of administration to be credited to the appropriation account under s. 20.435 (4) (j), each calendar quarter or according to a schedule established by the department.

SB44-SSA1, s. 1447g Section 1447g. 49.688 (7) (a) of the statutes is amended to read:

SB44-SSA1,558,25 49.688 (7) (a) Except as provided in par. (b), from the appropriation accounts under s. 20.435 (4) (bv) and, (j), and (pg), beginning on September 1, 2002, the department shall, under a schedule that is identical to that used by the department for payment of pharmacy provider claims under medical assistance, provide to pharmacies and pharmacists payments for prescription drugs sold by the pharmacies or pharmacists to persons eligible under sub. (2) who have paid the deductible specified under sub. (3) (b) 1. or 2. or who, under sub. (3) (b) 1., are not required to pay a deductible. The payment for each prescription drug under this paragraph shall be at the program payment rate, minus any copayment paid by the person under sub. (5) (a) 2. or 4., and plus, if applicable, incentive payments that are similar to those provided under s. 49.45 (8v). The department shall devise and distribute a claim form for use by pharmacies and pharmacists under this paragraph and may limit payment under this paragraph to those prescription drugs for which payment claims are submitted by pharmacists or pharmacies directly to the department. The department may apply to the program under this section the same utilization and cost control procedures that apply under rules promulgated by the department to medical assistance under subch. IV of ch. 49.

SB44-SSA1, s. 1447h Section 1447h. 49.688 (7) (b) of the statutes is amended to read:

SB44-SSA1,559,9 49.688 (7) (b) During any period in which funding under s. 20.435 (4) (bv) and (pg) is completely expended for the payments specified in par. (a), the requirements of par. (a) and subs. (3) (c), (5), and (6) (a) and (b) do not apply to drugs purchased during that period, but the department shall continue to accept applications and determine eligibility under sub. (4) and shall indicate to applicants that the eligibility of program participants to purchase prescription drugs as specified in sub. (3), under the requirements of sub. (5), is conditioned on the availability of funding under s. 20.435 (4) (bv) and (pg).

SB44-SSA1, s. 1448 Section 1448 . 49.78 (5) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44-SSA1,559,20 49.78 (5) Personnel examinations. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the administrator of the division of merit recruitment and selection in the department of employment relations. The department of employment relations office of state human resources management. The office of state human resources management shall be reimbursed for actual expenditures incurred in the performance of its functions under this section from the appropriations available to the department of health and family services for administrative expenditures.

SB44-SSA1, s. 1450 Section 1450. 49.79 (4) of the statutes is amended to read:

SB44-SSA1,560,2 49.79 (4) Deductions from county income maintenance payments. The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under sub. (3) from the payment to the county or tribe under income maintenance contracts under s. 49.33 49.78 and reimburse the federal government from the funds withheld.

SB44-SSA1, s. 1450m Section 1450m. 49.797 (4) (e) of the statutes is created to read:

SB44-SSA1,560,7 49.797 (4) (e) Pay a supplier, as defined in s. 49.795 (1) (d), a fee of $.08 for each food stamp purchase or merchandise return transaction or balance inquiry conducted on a point-of-sale terminal that is owned or leased by the supplier for use in the delivery of food stamp benefits.

SB44-SSA1, s. 1451 Section 1451. 49.85 (title) of the statutes is amended to read:

SB44-SSA1,560,10 49.85 (title) Certification of certain public assistance overpayments and delinquent loan repayments.

SB44-SSA1, s. 1452 Section 1452. 49.85 (1) of the statutes is amended to read:

SB44-SSA1,560,22 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. 49.161, 49.195 (3), or 49.793, or collect an amount under s. 49.147 (6) (cm), 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), or collect an amount under s. 49.147 (6) (cm), the Wisconsin works agency shall notify the department of workforce development of the determination.

SB44-SSA1, s. 1454 Section 1454. 49.85 (2) (b) of the statutes is amended to read:

SB44-SSA1,561,7 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. 49.161, 49.195 (3), and 49.793, and collect under s. 49.147 (6) (cm), 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.

SB44-SSA1, s. 1456 Section 1456. 49.85 (3) (b) (intro.) of the statutes is amended to read:

SB44-SSA1,561,12 49.85 (3) (b) (intro.) At least 30 days before certification of an amount, the department of workforce development shall send a notice to the last-known address of the person from whom that department intends to recover or collect the amount. The notice shall do all of the following:

SB44-SSA1, s. 1457 Section 1457. 49.85 (3) (b) 1. of the statutes is amended to read:

SB44-SSA1,561,18 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. 49.161, 49.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax refund that may be due the person.

SB44-SSA1, s. 1459 Section 1459. 49.85 (5) of the statutes is amended to read:

SB44-SSA1,562,3 49.85 (5) Effect of certification. 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. Certification of an amount under this section does not prohibit the department of health and family services or the department of workforce development from attempting to recover or collect the amount through other legal means. The department of health and family services or the department of workforce development shall promptly notify the department of revenue upon recovery or collection of any amount previously certified under this section.

SB44-SSA1, s. 1460 Section 1460. 49.854 (11) (b) of the statutes is amended to read:

SB44-SSA1,562,10 49.854 (11) (b) The department. The department may assess a collection fee to recover the department's costs incurred in levying against property under this section. The department shall determine its costs to be paid in all cases of levy. The obligor is liable to the department for the amount of the collection fee authorized under this paragraph. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.445 (1) (L) (3) (ja).

SB44-SSA1, s. 1464 Section 1464. 50.01 (1g) (c) of the statutes is amended to read:

SB44-SSA1,562,12 50.01 (1g) (c) A shelter facility as defined under s. 16.352 560.9808 (1) (d).

SB44-SSA1, s. 1466 Section 1466. 50.03 (5g) (c) 1. c. of the statutes is amended to read:

SB44-SSA1,562,20 50.03 (5g) (c) 1. c. All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (f), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid under this subdivision to the state treasurer secretary of administration for deposit in the school fund.

SB44-SSA1, s. 1466d Section 1466d. 50.031 of the statutes is created to read:

SB44-SSA1,562,25 50.031 Nursing home surveyor positions. (1) In this section, "long-term care facility" means a licensed nursing home, community-based residential facility, adult family home, home health agency, or rural medical center or a certified or registered residential care apartment complex.

SB44-SSA1,563,11 (2) For every December 31 on which the total number of long-term care facilities is less than the total number of long-term care facilities that existed on December 31 of the previous year, the total number of authorized full-time equivalent program revenue positions, as defined in s. 230.03 (11), for the department, funded from the appropriation account under s. 20.435 (6) (jm) for the purpose of performing surveillance of licensed nursing homes, shall be reduced by the same percentage by which the total number of long-term care facilities is reduced from the total number of long-term care facilities that existed on December 31 of the previous year. Each reduction of authorized full-time equivalent program revenue positions shall begin on July 1 of the year following the year in which the reduction of the total number of long-term care facilities occurred.

SB44-SSA1, s. 1467 Section 1467. 50.034 (8) (d) of the statutes is amended to read:

SB44-SSA1,563,18 50.034 (8) (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44-SSA1, s. 1468 Section 1468. 50.035 (11) (d) of the statutes is amended to read:

SB44-SSA1,563,25 50.035 (11) (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44-SSA1, s. 1472b Section 1472b. 50.04 (5) (f) of the statutes is amended to read:

SB44-SSA1,564,8 50.04 (5) (f) Forfeitures paid within 10 days. All forfeitures shall be paid to the department within 10 days of receipt of notice of assessment or, if the forfeiture is contested under par. (e), within 10 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44-SSA1, s. 1473 Section 1473. 50.07 (3) (a) of the statutes is repealed.

SB44-SSA1, s. 1474 Section 1474. 50.07 (3) (b) of the statutes is amended to read:

SB44-SSA1,564,14 50.07 (3) (b) Any employee of an employer not described in par. (a) who is discharged or otherwise retaliated or discriminated against in violation of sub. (1) (e) or (em) may file a complaint with the department of workforce development under s. 106.54 (5).

SB44-SSA1, s. 1475 Section 1475. 50.07 (3) (c) of the statutes is amended to read:

SB44-SSA1,564,18 50.07 (3) (c) Any person not described in par. (a) or (b) who is retaliated or discriminated against in violation of sub. (1) (e) or (em) may commence an action in circuit court for damages incurred as a result of the violation.

SB44-SSA1, s. 1476 Section 1476. 50.14 (title) of the statutes is amended to read:

SB44-SSA1,564,20 50.14 (title) Assessments on occupied, licensed beds.

SB44-SSA1, s. 1477 Section 1477. 50.14 (1) (a) of the statutes is amended to read:

SB44-SSA1,564,25 50.14 (1) (a) Notwithstanding s. 50.01 (1m), "facility" means a nursing home or an intermediate care facility for the mentally retarded, which is not state-owned or state-operated, federally owned or federally operated or that is not located outside the state.