Amendment ASA1-AB75

AB75-ASA1,602,3 49.343 (1m) Negotiation of rates. Notwithstanding sub. (1) (1g), the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a residential care center for children and youth or group home, as described in sub. (1), may negotiate a per client rate for the services of that residential care center for children and youth or group home, and the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a child welfare agency may negotiate a per client administrative rate for the administrative portion of the treatment foster care services of that child welfare agency, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential care center for children and youth or group home or of the treatment foster homes operated by that child welfare agency during the period for which that rate is effective. A residential care center for children and youth or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services the same rate for the same services and a child welfare agency that negotiates a per client administrative rate under this subsection shall charge all purchasers of its treatment foster care services the same administrative rate for the same treatment foster care services.

AB75-ASA1, s. 1278g Section 1278g. 49.343 (1m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 1278, is amended to read:

AB75-ASA1,602,25 49.343 (1m) Negotiation of rates. Notwithstanding sub. (1g), the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a residential care center for children and youth or group home may negotiate a per client rate for the services of that residential care center for children and youth or group home, and the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a child welfare agency may negotiate a per client administrative rate for the administrative portion of the treatment foster care services of that child welfare agency, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential care center for children and youth or group home or of the treatment foster homes operated by that child welfare agency during the period for which that rate is effective. A residential care center for children and youth or group home that negotiates a per client rate under this subsection shall charge all purchasers of its services the same rate for the same services and a child welfare agency that negotiates a per client administrative rate under this subsection shall charge all purchasers of its treatment foster care services the same administrative rate for the same treatment foster care services.

AB75-ASA1, s. 1279 Section 1279. 49.343 (1m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), sections 1278 and 1278g, is repealed.

AB75-ASA1, s. 1280 Section 1280. 49.343 (2) (title) of the statutes is created to read:

AB75-ASA1,603,4 49.343 (2) (title) Determination of rates.

AB75-ASA1, s. 1281 Section 1281. 49.343 (2) of the statutes is renumbered 49.343 (2) (a) and amended to read:

AB75-ASA1,603,18 49.343 (2) (a) A By October 1, 2010, and annually after that, a residential care center for children and youth or a group home, as described in sub. (1) or (1m), shall submit to the department the rate it charges and any change in that rate before a charge is made to any purchaser per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for foster care services provided in the next year. The department shall provide forms and instructions for the submission of rates and changes in proposed rates under this subsection paragraph and a residential care center for children and youth or a , group home, or child welfare agency that is required to submit a rate or a change in a proposed rate under this subsection paragraph shall submit that rate or change in a proposed rate using those forms and instructions.

AB75-ASA1, s. 1282 Section 1282. 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-ASA1,604,4 49.343 (2) (a) By October 1 annually, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.

AB75-ASA1, s. 1283 Section 1283. 49.343 (2) (b) of the statutes is created to read:

AB75-ASA1,604,13 49.343 (2) (b) The department shall review a proposed rate submitted under par. (a) and audit the residential care center for children and youth, group home, or child welfare agency submitting the proposed rate to determine whether the proposed rate is appropriate to the level of services to be provided, the qualifications of the residential care center for children and youth, group home, or child welfare agency to provide those services, and the reasonable and necessary costs of providing those services. In reviewing a proposed rate, the department shall consider all of the following factors:

AB75-ASA1,604,16 1. Changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.

AB75-ASA1,604,19 2. Changes in the allowable costs of the residential care center for children and youth, group home, or child welfare agency based on current actual cost data or documented projections of costs.

AB75-ASA1,604,21 3. Changes in program utilization that affect the per client rate or per client administrative rate.

AB75-ASA1,604,22 4. Changes in the department's expectations relating to service delivery.

AB75-ASA1,604,25 5. Changes in service delivery proposed by the residential care center for children and youth, group home, or child welfare agency and agreed to by the department.

AB75-ASA1,605,2 6. The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client rate or per client administrative rate for services.

AB75-ASA1,605,5 7. Changes in any state or federal laws, rules, or regulations that result in any change in the cost of providing services, including any changes in the minimum wage, as defined in s. 49.141 (1) (g).

AB75-ASA1,605,6 8. Competitive factors.

AB75-ASA1,605,8 9. The availability of funding to pay for the services to be provided under the proposed rate.

AB75-ASA1,605,10 10. Any other factor relevant to the setting of a rate that the department may determine by rule promulgated under sub. (4).

AB75-ASA1, s. 1284 Section 1284. 49.343 (2) (c) of the statutes is created to read:

AB75-ASA1,605,22 49.343 (2) (c) If the department determines under par. (b) that a proposed rate submitted under par. (a) is appropriate, the department shall approve the proposed rate. If the department does not approve a proposed rate, the department shall negotiate with the residential care center for children and youth, group home, or child welfare agency to determine an agreed to rate. If after negotiations a rate is not agreed to, the department and residential care center for children and youth, group home, or child welfare agency shall engage in mediation under the rate resolution procedure promulgated by rule under sub. (4) to arrive at an agreed to rate. If after mediation a rate is not agreed to, the residential care center for children and youth, group home, or child welfare agency may not provide the service for which the rate was proposed.

AB75-ASA1, s. 1285 Section 1285. 49.343 (3) of the statutes is amended to read:

AB75-ASA1,606,3 49.343 (3) Audit. The department may require an audit of any residential care center for children and youth or, group home, as described in sub. (1) or (1m), or child welfare agency for the purpose of collecting federal funds.

AB75-ASA1, s. 1286 Section 1286. 49.343 (4) of the statutes is created to read:

AB75-ASA1,606,6 49.343 (4) Rules. The department shall promulgate rules to implement this section. Those rules shall include rules providing for all of the following:

AB75-ASA1,606,10 (a) Standards for determining whether a proposed rate is appropriate to the level of services to be provided, the qualifications of a residential care center for children and youth, group home, or child welfare agency to provide those services, and the reasonable and necessary costs of providing those services.

AB75-ASA1,606,11 (b) Factors for the department to consider in reviewing a proposed rate.

AB75-ASA1,606,14 (c) Procedures for reviewing proposed rates, including rate resolution procedures for mediating an agreed to rate when negotiations fail to produce an agreed to rate.

AB75-ASA1, s. 1287 Section 1287. 49.345 (14) (a) of the statutes is amended to read:

AB75-ASA1,607,2 49.345 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 49.32 (1) for care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, subsidized guardianship homes, and residential care centers for children and youth is determined in accordance with the cost-based fee established under s. 49.32 (1). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay established by the department under s. 49.32 (1). Any liability of the person not payable by any other person terminates when the person reaches age 18, unless the liable person has prevented payment by any act or omission.

AB75-ASA1, s. 1288 Section 1288. 49.345 (14) (b) of the statutes is amended to read:

AB75-ASA1,607,11 49.345 (14) (b) Except as provided in par. (c), and subject to par. (cm), liability of a parent specified in sub. (2) or s. 49.32 (1) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

AB75-ASA1, s. 1289 Section 1289. 49.45 (3) (e) 7. of the statutes is amended to read:

AB75-ASA1,608,5 49.45 (3) (e) 7. The daily reimbursement or payment rate to a hospital for services provided to medical assistance recipients awaiting admission to a skilled nursing home, intermediate care facility, community-based residential facility, group home, foster home, treatment foster home or other custodial living arrangement may not exceed the maximum reimbursement or payment rate based on the average adjusted state skilled nursing facility rate, created under sub. (6m). This limited reimbursement or payment rate to a hospital commences on the date the department, through its own data or information provided by hospitals, determines that continued hospitalization is no longer medically necessary or appropriate during a period where when the recipient awaits placement in an alternate custodial living arrangement. The department may contract with a peer review organization, established under 42 USC 1320c to 1320c-10, to determine that continued hospitalization of a recipient is no longer necessary and that admission to an alternate custodial living arrangement is more appropriate for the continued care of the recipient. In addition, the department may contract with a peer review organization to determine the medical necessity or appropriateness of physician services or other services provided during the period when a hospital patient awaits placement in an alternate custodial living arrangement.

AB75-ASA1, s. 1289m Section 1289m. 49.45 (3) (e) 10r. of the statutes is created to read:

AB75-ASA1,608,13 49.45 (3) (e) 10r. All facilities listed in a certificate of approval issued to a free-standing pediatric teaching hospital under s. 50.35 are a hospital for purposes of reimbursement under this section. Notwithstanding this subdivision, the department shall use physician clinic reimbursement rates to reimburse the facilities under this section for types of services for which, before July 1, 2009, the department reimbursed the facilities using physician clinic reimbursement rates, as determined by the department.

AB75-ASA1, s. 1290 Section 1290. 49.45 (6b) of the statutes is amended to read:

AB75-ASA1,609,2 49.45 (6b) Centers for the developmentally disabled. From the appropriation under s. 20.435 (2) (gk), the department may reimburse the cost of services provided by the centers for the developmentally disabled. Reimbursement to the centers for the developmentally disabled shall be reduced following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, by $225 per day, beginning in fiscal year 2002-03, and by $325 per day, beginning in fiscal year 2004 Beginning in fiscal year 2009-10, following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, the department shall reduce the reimbursement to the center by an amount, as determined by the department for each placement, that is equal to the nonfederal share of the costs for the placement under s. 46.275.

AB75-ASA1, s. 1291 Section 1291. 49.45 (6m) (br) 1. of the statutes is amended to read:

AB75-ASA1,609,12 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435 (4) (bt) or (7) (b) or 20.437 (2) (dz), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.435 (4) (bt) or (7) (b), or the department shall direct the department of children and families to reduce allocations of funds to counties or Wisconsin Works agencies in the amount of the disallowance from the appropriation account under s. 20.437 (2) (dz) or direct the department of corrections to reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.410 (3) (cd), in accordance with s. 16.544 to the extent applicable.

AB75-ASA1, s. 1292 Section 1292. 49.45 (6m) (e) of the statutes is repealed.

AB75-ASA1, s. 1293 Section 1293. 49.45 (6u) (b) of the statutes is amended to read:

AB75-ASA1,609,22 49.45 (6u) (b) Notwithstanding the limitation on the amount of disbursements under par. (am) (intro.), from the appropriation under s. 20.435 (4) (wm), the department shall, using the criteria specified in par. (am) 1. to 7., disburse any federal medical assistance funds that are received by the state as matching funds to federal financial participation for operating deficits incurred by a facility that is operated by a county, city, village, or town and that are in excess of the amount of match federal financial participation anticipated and budgeted as revenue in the biennial budget act for the fiscal year in which the funds are received.

AB75-ASA1, s. 1294c Section 1294c. 49.45 (6y) (a) of the statutes, as affected by 2009 Wisconsin Act 2, is repealed.

AB75-ASA1, s. 1294d Section 1294d. 49.45 (6y) (am) of the statutes, as affected by 2009 Wisconsin Act 2, is repealed.

AB75-ASA1, s. 1294h Section 1294h. 49.45 (6y) (b) of the statutes is repealed.

AB75-ASA1, s. 1295 Section 1295. 49.45 (6z) of the statutes, as affected by 2009 Wisconsin Act 2, is repealed.

AB75-ASA1, s. 1296 Section 1296. 49.45 (8r) of the statutes is amended to read:

AB75-ASA1,610,13 49.45 (8r) Payment for certain obstetric and gynecological care. The rate of payment for obstetric and gynecological care provided in primary care shortage areas, as defined in s. 560.183 36.60 (1) (cm), or provided to recipients of medical assistance who reside in primary care shortage areas, that is equal to 125% of the rates paid under this section to primary care physicians in primary care shortage areas, shall be paid to all certified primary care providers who provide obstetric or gynecological care to those recipients.

AB75-ASA1, s. 1297 Section 1297. 49.45 (18) (am) of the statutes is renumbered 49.45 (18) (am) 1. and amended to read:

AB75-ASA1,610,19 49.45 (18) (am) 1. No Except as provided in subd. 2., no person is liable under this subsection for services provided through prepayment contracts. This paragraph does not apply to a person who is eligible for the benefits under s. 49.46 (2) (a) and (b) under s. 49.471.

AB75-ASA1, s. 1298 Section 1298. 49.45 (18) (am) 2. of the statutes is created to read:

AB75-ASA1,610,24 49.45 (18) (am) 2. A person who is eligible for the benefits under s. 49.46 (2) (a) and (b) under s. 49.471 is liable under this subsection for services provided through a prepayment contract in the amounts and according to the procedures specified by the department.

AB75-ASA1, s. 1299 Section 1299. 49.45 (18) (b) 2. of the statutes is amended to read:

AB75-ASA1,611,4 49.45 (18) (b) 2. Any service provided to a person who is less than 18 years old. This subdivision does not apply if the person's family income exceeds 100 percent of the poverty line and he or she is eligible for the benefits under s. 49.46 (2) (a) and (b) under s. 49.471.

AB75-ASA1, s. 1301 Section 1301. 49.45 (23) (b) of the statutes is amended to read:

AB75-ASA1,611,13 49.45 (23) (b) If the waiver is granted and in effect, the department may promulgate rules defining the health care benefit plan, including more specific eligibility requirements and cost-sharing requirements. Cost sharing may include an annual enrollment fee, which may not exceed $75 per year. Notwithstanding s. 227.24 (3), the plan details under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency. If the waiver is granted and in effect, the demonstration project under this subsection shall begin on January 1, 2009, or on the effective date of the waiver, whichever is later.

AB75-ASA1, s. 1301e Section 1301e. 49.45 (24g) of the statutes is created to read:

AB75-ASA1,611,17 49.45 (24g) Physician practice payment pilot. (a) The department shall develop a proposal to increase medical assistance reimbursement to providers to which at least one of the following applies:

AB75-ASA1,611,19 1. The provider is recognized by the National Committee on Quality Assurance as a Patient-Centered Medical Home.

AB75-ASA1,611,21 2. The secretary determines that the provider performs well with respect to all of the following aspects of care:

AB75-ASA1,611,22 a. Adoption of written standards for patient access and patient communication.

AB75-ASA1,611,24 b. Use of data to show that standards for patient access and patient communication are satisfied.

AB75-ASA1,611,25 c. Use of paper or electronic charting tools to organize clinical information.

AB75-ASA1,612,2 d. Use of data to identify diagnoses and conditions among the provider's patients that have a lasting detrimental effect on health.

AB75-ASA1,612,4 e. Adoption and implementation of guidelines that are based on evidence for treatment and management of at least 3 chronic conditions.

AB75-ASA1,612,5 f. Active support of patient self-management.

AB75-ASA1,612,7 g. Systematic tracking of patient test results and systematic identification of abnormal patient test results.

AB75-ASA1,612,8 h. Systematic tracking of referrals using a paper or electronic system.

AB75-ASA1,612,11 i. Measuring the quality of the performance of the physician practice and of individual physicians within the practice, including with respect to provision of clinical services, patient outcomes, and patient safety.

AB75-ASA1,612,13 j. Reporting to members of the physician practice and to other persons on the quality of the performance of the physician practice and of individual physicians.

AB75-ASA1,612,21 (c) The department's proposal under par. (a) shall specify increases in reimbursement rates for providers that satisfy the conditions under par. (a) 1. or 2., and shall provide for payment of a monthly per-patient care coordination fee to those providers. The department shall set the increases in reimbursement rates and the monthly per-patient care coordination fee so that together they provide sufficient incentive for providers to satisfy a condition under par. (a) 1. or 2. The proposal shall specify effective dates for the increases in reimbursement rates and the monthly per-patient care coordination fee that are no sooner than July 1, 2011.

AB75-ASA1,613,13 (d) By the date that is 60 days after the effective date of this paragraph .... [LRB inserts date], the department shall submit the proposal under par. (a) to the joint committee on finance. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submittal that the committee has scheduled a meeting for the purpose of reviewing the proposal, the department shall, subject to approval by the U.S. department of health and human services of any required waiver of federal law relating to medical assistance and any required amendment to the state plan for medical assistance under 42 USC 1396a, implement the proposal beginning January 1, 2010. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposal, the department may implement the proposal only upon approval of the committee. If the committee reviews the proposal and approves it, the department shall, subject to approval by the U.S. department of health and human services of any required waiver of federal law relating to medical assistance and any required amendment to the state plan for medical assistance under 42 USC 1396a, implement the proposal beginning January 1, 2010.

AB75-ASA1,614,2 (e) By the first day of the 39th month beginning after the effective date of this paragraph .... [LRB inserts date], the department shall, if it was required under par. (d) to increase reimbursement to providers that satisfy a condition under par. (a) 1. or 2., submit a report to the joint committee on finance on whether the increased reimbursement results in net cost reductions for the Medical Assistance program under this subchapter and a recommendation as to whether to continue the increased reimbursement. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submittal that the committee has scheduled a meeting for the purpose of reviewing the report and recommendation, the department may implement its recommendation. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the report and recommendation, the department may discontinue the increased reimbursement only upon the approval of the committee.

AB75-ASA1, s. 1302 Section 1302. 49.45 (24r) of the statutes is renumbered 49.45 (24r) (a) and amended to read:

AB75-ASA1,614,11 49.45 (24r) (a) The department shall request a implement any waiver from granted by the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide family planning, as defined in s. 253.07 (1) (a), under medical assistance to any woman between the ages of 15 and 44 whose family income does not exceed 200% of the poverty line for a family the size of the woman's family. The department shall implement any waiver granted.

AB75-ASA1, s. 1303 Section 1303. 49.45 (24r) (b) of the statutes is created to read:

AB75-ASA1,614,17 49.45 (24r) (b) The department may request an amended waiver from the secretary to permit the department to conduct a demonstration project to provide family planning to any man between the ages of 15 and 44 whose family income does not exceed 200 percent of the poverty line for a family the size of the man's family. If the amended waiver is granted, the department may implement the waiver.

AB75-ASA1, s. 1304 Section 1304. 49.45 (25) (be) of the statutes is amended to read:

AB75-ASA1,614,24 49.45 (25) (be) A private nonprofit agency that is a certified case management provider may elect to provide case management services to medical assistance beneficiaries who have HIV infection, as defined in s. 252.01 (2). The amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government shall be paid from the appropriation account under s. 20.435 (5) (1) (am).

AB75-ASA1, s. 1305 Section 1305. 49.45 (25) (bg) of the statutes is amended to read:

AB75-ASA1,615,8 49.45 (25) (bg) An independent living center, as defined in s. 46.96 (1) (ah), that is a certified case management provider and satisfies the criteria in s. 46.96 (3m) (a) 1. to 3. and (am) may elect to provide case management services to one or more of the categories of medical assistance beneficiaries specified under par. (am). The amount of allowable charges for the services under the medical assistance program that is not provided by the federal government shall be paid from nonfederal, public funds received by the independent living center from a county, city, village or town or from funds distributed as a grant under s. 46.96.

AB75-ASA1, s. 1305r Section 1305r. 49.45 (30f) of the statutes is created to read:

AB75-ASA1,615,23 49.45 (30f) Psychotherapy and alcohol and other drug abuse services. The department shall include licensed mental health professionals, as defined in s. 632.89 (1) (dm), and licensed psychologists, as defined in s. 455.01 (4), as providers of psychotherapy and of alcohol and other drug abuse services. Except for services provided under sub. (30e), the department may not require that licensed mental health professionals or licensed psychologists be supervised; may not require that clinical psychotherapy or alcohol and other drug abuse services be provided under a certified program; and, notwithstanding subs. (9) and (9m), may not require that a physician or other health care provider first prescribe psychotherapy or alcohol and other drug abuse services to be provided by a licensed mental health professional or licensed psychologist before the professional or psychologist may provide the services to the recipient. This subsection does not affect the department's powers under ch. 50 or 51 to establish requirements for facilities that are licensed, certified, or operated by the department.

AB75-ASA1, s. 1306 Section 1306. 49.45 (30g) of the statutes is created to read:

AB75-ASA1,616,4 49.45 (30g) Community recovery services. (a) When services are reimbursable. Community recovery services under s. 49.46 (2) (b) 6. Lo. provided to an individual are reimbursable under the Medical Assistance program only if all of the following conditions are met: