LRBb0957/1
TJD:kjf:ph
2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 110,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 75
June 11, 2009 - Offered by Representatives LeMahieu, Van Roy, Newcomer and
Kleefisch.
AB75-ASA1-AA110,1,11 At the locations indicated, amend the substitute amendment as follows:
AB75-ASA1-AA110,1,2 21. Page 317, line 5: after that line insert:
AB75-ASA1-AA110,1,4 3" Section 363g. 20.435 (4) (w) of the statutes, as affected by 2009 Wisconsin Act
42
, is amended to read:
AB75-ASA1-AA110,1,105 20.435 (4) (w) Medical Assistance trust fund. From Subject to s. 50.38 (10), from
6the Medical Assistance trust fund, biennially, the amounts in the schedule for
7meeting costs of medical assistance administered under ss. 46.27, 46.275 (5), 46.278
8(6), 46.283 (5), 46.284 (5), 49.45, and 49.472 (6), for refunds under s. 50.38 (6) (a), and
9for administrative costs associated with augmenting the amount of federal moneys
10received under 42 CFR 433.51.".
AB75-ASA1-AA110,1,11 112. Page 608, line 13: after that line insert:
AB75-ASA1-AA110,2,2
1" Section 1289p. 49.45 (3) (e) 11. of the statutes, as created by 2009 Wisconsin
2Act 2
, is amended to read:
AB75-ASA1-AA110,2,133 49.45 (3) (e) 11. The department shall use a portion of the moneys collected
4under s. 50.38, subject to s. 50.38 (10), to pay for services provided by eligible
5hospitals, as defined in s. 50.38 (1), under the Medical Assistance Program under this
6subchapter, including services reimbursed on a fee-for-service basis and services
7provided under a managed care system. For state fiscal year 2008-09, total
8payments under this subdivision, including both the federal and state share of
9Medical Assistance, shall equal the amount collected under s. 50.38 (2) for fiscal year
102008-09 divided by 57.75 percent. For each state fiscal year after state fiscal year
112008-09, total payments under this subdivision, including both the federal and state
12share of Medical Assistance, shall equal the amount collected under s. 50.38 (2) for
13the fiscal year divided by 61.68 percent.
AB75-ASA1-AA110, s. 1289r 14Section 1289r. 49.45 (5m) (am) of the statutes, as affected by 2009 Wisconsin
15Act 2
, is amended to read:
AB75-ASA1-AA110,2,2316 49.45 (5m) (am) Notwithstanding sub. (3) (e) and subject to s. 50.38 (10), from
17the appropriation accounts under s. 20.435 (4) (b), (o), (w) and (xc), the department
18shall distribute not more than $5,000,000 in each fiscal year, to provide
19supplemental funds to rural hospitals that, as determined by the department, have
20high utilization of inpatient services by patients whose care is provided from
21governmental sources, except that the department may not distribute funds to a
22rural hospital to the extent that the distribution would exceed any limitation under
2342 USC 1396b (i) (3).
AB75-ASA1-AA110, s. 1289t 24Section 1289t. 49.45 (5r) of the statutes, as created by 2009 Wisconsin Act 2,
25is amended to read:
AB75-ASA1-AA110,3,6
149.45 (5r) Supplemental funding for uncompensated care. Notwithstanding
2sub. (3) (e) and subject to s. 50.38 (10), from the appropriation account under s. 20.435
3(4) (w), the department shall distribute $3,000,000 in each fiscal year to the
4University of Wisconsin Hospital and Clinics for care that is not otherwise
5compensated, except that the department may not make payments that exceed
6limitations based on customary charges under 42 USC 1396b (i) (3).".
AB75-ASA1-AA110,3,7 73. Page 610, line 2: after that line insert:
AB75-ASA1-AA110,3,9 8" Section 1294f. 49.45 (6y) (ap) of the statutes, as created by 2009 Wisconsin
9Act 2
, is amended to read:
AB75-ASA1-AA110,3,1610 49.45 (6y) (ap) Notwithstanding sub. (3) (e) and subject to s. 50.38 (10), from
11the appropriation accounts under s. 20.435 (4) (o) and (xc), the department shall
12distribute not more than $8,000,000 in each fiscal year as supplemental payments
13to hospitals that satisfy the criteria established by the American College of Surgeons
14for classification as a Level I adult trauma center, except that the department may
15not make payments that exceed limitations based on customary charges under 42
16USC 1396b
(i) (3).
AB75-ASA1-AA110, s. 1294g 17Section 1294g. 49.45 (6y) (ar) of the statutes, as created by 2009 Wisconsin
18Act 2
, is amended to read:
AB75-ASA1-AA110,3,2419 49.45 (6y) (ar) Notwithstanding sub. (3) (e) and subject to s. 50.38 (10), the
20department may, from the appropriation account under s. 20.435 (4) (xc), make
21supplemental payments to hospitals based on hospital performance, in accordance
22with a payment methodology developed by the department, except that the
23department may not make payments that exceed limitations based on customary
24charges under 42 USC 1396b (i) (3).".
AB75-ASA1-AA110,3,25
14. Page 621, line 12: after that line insert:
AB75-ASA1-AA110,4,3 2" Section 1317p. 49.45 (59) (a) of the statutes, as created by 2009 Wisconsin
3Act 2
, is amended to read:
AB75-ASA1-AA110,4,84 49.45 (59) (a) The Subject to s. 50.38 (10), the department shall, from the
5appropriation account under s. 20.435 (4) (xc), pay each health maintenance
6organization with which it contracts to provide medical assistance a monthly amount
7that the health maintenance organization shall use to make payments to hospitals
8under par. (b).".
AB75-ASA1-AA110,4,9 95. Page 652, line 10: after that line insert:
AB75-ASA1-AA110,4,10 10" Section 1419k. 50.38 (10) of the statutes is created to read:
AB75-ASA1-AA110,4,1511 50.38 (10) (a) The department shall ensure that none of the following moneys
12are disbursed to a hospital, as defined in s. 50.33 (2), or clinic that performs or to a
13hospital or clinic affiliated with a health care provider, as defined in s. 146.81 (1), that
14performs abortions, as defined in s. 253.10 (2) (a), in the 2nd or 3rd trimester of
15pregnancy or both, except as provided in par. (b):
AB75-ASA1-AA110,4,1716 1. Moneys that are collected under sub. (2) and expended under s. 49.45 (3) (e)
1711., (5m) (am), (5r), (6y) (ap) or (ar), or (59) (a).
AB75-ASA1-AA110,4,1818 2. Moneys that are collected under sub. (2) and refunded under sub. (6).
AB75-ASA1-AA110,4,2019 3. Moneys that are collected under sub. (2), transferred under sub. (8), and
20expended from the Medical Assistance trust fund.
AB75-ASA1-AA110,4,2321 (b) Paragraph (a) does not apply if a 2nd or 3rd trimester abortion performed
22by the hospital or clinic or by the health care provider affiliated with the hospital or
23clinic is performed in any of the following situations:
AB75-ASA1-AA110,5,3
11. The pregnancy resulted from sexual assault or incest, the physician certifies
2that the pregnancy resulted from sexual assault or incest, and the sexual assault or
3incest is reported to the law enforcement authorities.
AB75-ASA1-AA110,5,74 2. The abortion is performed to save the life of the woman or is medically
5necessary to prevent grave, long-lasting physical health damage to the woman and
6the physician certifies that the abortion is medically necessary to save the life of the
7woman or to prevent grave, long-lasting physical health damage to the woman.".
AB75-ASA1-AA110,5,8 86. Page 1891, line 11: after that line insert:
AB75-ASA1-AA110,5,12 9"(14f) Prohibit payments to hospitals performing late-term abortions. The
10treatment of sections 20.435 (4) (w), 49.45 (3) (e) 11., (5m) (am), (5r), (6y) (ap) and (ar),
11and (59) (a), and 50.38 (10) of the statutes takes effect on July 1, 2009, or on the day
12after publication, whichever is later.".
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