Amendment ASA1-AB40

AB40-ASA1,1444,2 (b) No later than June 30, 2012, the department of corrections shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under section 13.172 (2) of the statutes, a report on juvenile correctional services provided to juveniles that includes all of the following:

AB40-ASA1,1444,3 1. A list of all providers of juvenile correctional services.

AB40-ASA1,1444,5 2. The number of juveniles receiving juvenile correctional services and whether each juvenile was supervised by a county or the state.

AB40-ASA1,1444,6 3. An accounting of the costs of the juvenile correctional services provided.

AB40-ASA1, s. 9112 Section 9112. Nonstatutory provisions; Court of Appeals.

AB40-ASA1, s. 9113 Section 9113. Nonstatutory provisions; District Attorneys.

AB40-ASA1,1445,5 (3c) Assistant district attorney pay progression plan. The Association of State Prosecutors and the director of the office of state employment relations shall develop a pay progression plan for attorneys who are included in the collective bargaining unit under section 111.825 (2) (d) of the statutes, to be funded from any salary savings resulting from hiring new attorneys to fill the positions of attorneys who retired from state employment during the period that begins on January 1, 2011, and ends on June 30, 2013. The plan shall include a detailed description of how a pay progression system would be structured and administered and the fiscal cost of the pay progression system in the 2011-13 fiscal biennium, by fund source, and the projected costs of the pay progression system in the succeeding 4 fiscal biennia. Before October 1, 2011, the Association of State Prosecutors and the director of the office of state employment relations shall submit the proposed plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the Association of State Prosecutors and the director of the office of state employment relations within 14 working days after the date of the submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented as proposed by the Association of State Prosecutors and the director of the office of state employment relations. If, within 14 days after the date of the submittal of the plan, the cochairpersons of the committee notify the Association of State Prosecutors and the director of the office of state employment relations that the committee has scheduled a meeting to review the plan, the plan may only be implemented as approved by the committee.

AB40-ASA1, s. 9114 Section 9114. Nonstatutory provisions; Educational Communications Board.

AB40-ASA1, s. 9115 Section 9115. Nonstatutory provisions; Employee Trust Funds.

AB40-ASA1,1446,2 (1q) Supplemental appropriations for department of employee trust funds. During the 2011-13 fiscal biennium, the secretary of employee trust funds may submit one or more requests to the joint committee on finance to supplement the appropriation under section 20.515 (1) (w) of the statutes from the appropriation account under section 20.865 (4) (u) of the statutes for additional agency funding and authorized positions. Any request shall include a detailed expenditure plan and a description of how the plan addresses increasing workload and service improvements and a request for additional positions shall be consistent with the methodology developed under 2009 Wisconsin Act 28, section 9115 (1x). If the secretary intends to request additional authorized positions beyond the number derived from the methodology, the employee trust funds board must first approve the request before the secretary submits the request to the joint committee on finance. Any request submitted under this subsection shall be submitted by the applicable due date for agency requests for any of the joint committee on finance's quarterly meetings under section 13.10 of the statutes and shall also include the methodology used by the secretary. Notwithstanding section 13.101 (3) of the statutes, the joint committee on finance is not required to find that an emergency exists prior to making the supplementation under this subsection.

AB40-ASA1,1446,9 (2q) Supplemental appropriations for audit of dependent eligibility under benefit programs administered by the department of employee trust funds. The joint committee on finance may supplement, from the appropriation under section 20.865 (4) (u) of the statutes, the appropriation under section 20.515 (1) (w) of the statutes for the purpose of conducting an audit of dependent eligibility under benefit programs administered by the department of employee trust funds if all of the following occur:

AB40-ASA1,1446,13 (a) The department of employee trust funds submits a report to the joint committee on finance on the results of any pilot survey relating to dependent eligibility and provides a detailed budget for a full audit of dependent eligibility under benefit programs administered by the department.

AB40-ASA1,1446,17 (b) The department of employee trust funds submits a request to the joint committee on finance to supplement the appropriation under section 20.515 (1) (w) of the statutes for the purpose of conducting an audit of dependent eligibility under benefit programs administered by the department.

AB40-ASA1,1446,25 (c) The cochairpersons of the joint committee on finance do not notify the department of employee trust funds that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the date of the receipt of the request. If, within 14 working days after the date of the receipt of the request, however, the cochairpersons of the committee notify the department of employee trust funds that the committee has scheduled a meeting for the purpose of reviewing the proposed supplement, the supplement may occur only upon approval of the committee.

AB40-ASA1,1447,1 (3q) Modifications to Wisconsin Retirement System.

AB40-ASA1,1447,6 (a) The secretary of administration, the director of the office of state employment relations, and the secretary of employee trust funds shall study the structure of the Wisconsin Retirement System and benefits provided under the Wisconsin Retirement System. The study shall specifically address the following issues:

AB40-ASA1,1447,8 1. Establishing a defined contribution plan as an option for participating employees, as defined in section 40.02 (46) of the statutes.

AB40-ASA1,1447,12 2. Permitting employees to not make employee required contributions under section 40.05 (1) (a) of the statutes and limiting retirement benefits for employees who do not make employee required contributions to a money purchase annuity calculated under section 40.23 (3) of the statutes.

AB40-ASA1,1447,16 (b) No later than June 30, 2012, the secretary of administration, the director of the office of state employment relations, and the secretary of employee trust funds shall report their findings and recommendations to the governor and the joint committee on finance.

AB40-ASA1,1448,2 (4q) Promulgation of emergency rules for determination of eligibility to participate in the Wisconsin Retirement System. The department of employee trust funds may use the procedure under section 227.24 of the statutes to promulgate rules under section 40.22 (2) (am) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2012, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40-ASA1,1448,7 (6j) Group insurance board study of assisted births in nonhospital settings. The group insurance board shall study the feasibility of including in the uniform benefits of state employee health insurance coverage the costs of certified nurse-midwife services to assist in births at home or at stand-alone birth centers, for health insurance coverage beginning on January 1, 2012.

AB40-ASA1, s. 9116 Section 9116. Nonstatutory provisions; Employment Relations Commission.

AB40-ASA1, s. 9117 Section 9117. Nonstatutory provisions; Financial Institutions.

AB40-ASA1, s. 9118 Section 9118. Nonstatutory provisions; Government Accountability Board.

AB40-ASA1,1449,2 (1q) Review of proposed expenditures for outreach and public information. No later than July 1, 2011, and before making any expenditures under section 7.08 (12) of the statutes or 2011 Wisconsin Act 23, section 144 (1), for the purpose of outreach or public information, the government accountability board shall transmit to the cochairpersons of the joint committee on finance in writing a plan identifying the specific proposed purposes for the expenditures and proposed amounts to be expended for each specific purpose. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of the board's submittal of the plan to the cochairpersons, the board may make the proposed expenditures identified in the plan. If, within 14 working days after the date of the board's submittal, the cochairpersons notify the board that the committee has scheduled a meeting for the purpose of reviewing the plan, the board shall not make any expenditures for the purpose of outreach or public information as identified in this subsection without the approval of the committee.

AB40-ASA1, s. 9119 Section 9119. Nonstatutory provisions; Governor.

AB40-ASA1, s. 9120 Section 9120. Nonstatutory provisions; Health and Educational Facilities Authority.

AB40-ASA1, s. 9121 Section 9121. Nonstatutory provisions; Health Services.

AB40-ASA1,1449,6 (1g) Long-term care services cap.

AB40-ASA1,1449,7 (a) Definitions. In this subsection and subsections (2g) and (3g):

AB40-ASA1,1449,8 1. "Department" means the department of health services.

AB40-ASA1,1449,11 2. "Family care partnership program" means an integrated health and long-term care program operated under an amendment to the state medical assistance plan, as authorized in 42 USC 1396n (i).

AB40-ASA1,1449,13 3. "Family care program" means the benefit program under section 46.286 of the statutes.

AB40-ASA1,1449,17 4. "Institutional facility" means a nursing home under section 50.01 (3) of the statutes, an intermediate care facility for persons with mental retardation under section 50.14 (1) (b) of the statutes, or a center for the developmentally disabled under section 51.01 (3) of the statutes.

AB40-ASA1,1449,19 5. "Long-term care program" means any of the following that are available in a county on June 30, 2011, or the effective date of this subdivision, whichever is later:

AB40-ASA1,1449,20 a. The family care program.

AB40-ASA1,1449,21 b. The self-directed services option.

AB40-ASA1,1449,22 c. The family care partnership program.

AB40-ASA1,1449,23 d. The program for all-inclusive care for the elderly under 42 USC 1396u-4.

AB40-ASA1,1450,2 6. "Resource center" has the meaning given under section 46.2805 (10) of the statutes.

AB40-ASA1,1450,4 7. "Resource center service area" means the geographical area prescribed for a resource center by the department.

AB40-ASA1,1450,8 8. "Self-directed services option" means the program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) that allows participants to self-manage publicly funded long-term care services.

AB40-ASA1,1450,9 (b) Enrollment cap.

AB40-ASA1,1450,17 1. Notwithstanding section 46.286 (3) of the statutes and subject to subdivision 2. and paragraph (c), the department may not enroll more individuals in long-term care programs in a resource center service area than the number of individuals enrolled in long-term care programs in that resource center service area on June 30, 2011, or the effective date of this subdivision, whichever is later. This subdivision does not authorize the department to enroll an individual in a long-term care program that is not available in the individual's county of residence. This subdivision does not apply after June 30, 2013.

AB40-ASA1,1450,20 2. Individuals enrolled in a long-term care program under paragraph (c) are not counted for the purpose of determining the number of individuals enrolled in long-term care programs in a resource center service area under subdivision 1.

AB40-ASA1,1450,24 3. A month during which subdivision 1. is in effect is not counted for purposes of determining the date under section 46.286 (3) (c) of the statutes by which the department must assure that there is sufficient capacity in care management organizations to provide the family care benefit to all entitled individuals in a county.

AB40-ASA1,1451,3 (c) Exception to the enrollment cap. The department may enroll an individual who is relocating from an institutional facility in a long-term care program if any of the following applies:

AB40-ASA1,1451,4 1. The individual has resided at the institutional facility for at least 90 days.

AB40-ASA1,1451,6 2. The department removes the individual from the institutional facility under section 50.03 (5m) (a) of the statutes.

AB40-ASA1,1451,8 3. The institutional facility is closing or relocating residents under section 50.03 (14) of the statutes.

AB40-ASA1,1451,9 4. The institutional facility is not licensed to operate in this state.

AB40-ASA1,1451,11 5. The individual is relocated due to an emergency, as determined by the department.

AB40-ASA1,1451,12 (2g) Family care benefit emergency funding.

AB40-ASA1,1451,19 (a) 2011-13 biennium. The department may expend $12,639,000 in fiscal year 2011-12 and $12,600,800 in fiscal year 2012-13 to provide the long-term care services and support items that are offered under the family care program to individuals who are on a waiting list for a long-term care program and who are in urgent need of long-term care services, as determined by the department. The department may provide services and support items to an individual under this paragraph until the individual is permanently enrolled in a long-term care program.

AB40-ASA1,1451,25 (b) 2013-15 biennium. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2013-15 biennial budget bill, the department shall submit information concerning the appropriation under section 20.435 (4) (b) of the statutes as though the increases in the dollar amounts of that appropriation for the purposes of paragraph (a) had not been made.

AB40-ASA1,1452,11 (3g) Long-term care cost-effectiveness study. The secretary of the department shall study the cost-effectiveness of the family care program, the family care partnership program, the self-directed services option, and the program for all-inclusive care for the elderly under 42 USC 1396u-4. The study shall compare the cost-effectiveness of each program to each of the other programs; the cost-effectiveness of each program to the benefits provided to medical assistance recipients under section 49.46 (2) (a) and (b) of the statutes; and the cost-effectiveness of the care that individuals receive before they enroll in a long-term care program to the care that the individuals receive in a long-term care program. The department shall submit the findings of its study to the joint committee on finance by March 1, 2012.

AB40-ASA1,1452,18 (5) Expansion of Family Care. Beginning on July 1, 2011, and ending on June 30, 2013, the department of health services may not propose to contract with entities to administer the family care benefit, as described in section 46.286 of the statutes, in a county in which the family care benefit is not available on July 1, 2011, unless the department of health services determines that administering the family care benefit in such a county would be more cost-effective than the county's current mechanism for delivering long-term care services.

AB40-ASA1,1452,19 (6u) Income maintenance program administration; multicounty consortia.

AB40-ASA1,1452,20 (a) In this subsection:

AB40-ASA1,1452,21 1. "Department" means the department of health services.

AB40-ASA1,1452,23 2. "Income maintenance program" has the meaning given in section 49.78 (1) (b) of the statutes.

AB40-ASA1,1452,25 3. "Multicounty consortium" has the meaning given in section 49.78 (1) (br) of the statutes, as created by this act.

AB40-ASA1,1453,3 (b) Counties with a population of less than 750,000 shall organize themselves into no more than 10 consortia and notify the department of the composition of the organized consortia no later than October 1, 2011.

AB40-ASA1,1453,9 (c) In each of calendar years 2012 and 2013, a county that is part of a multicounty consortium shall contribute funds to its multicounty consortium in an amount that is not less than the amount the county expended for the administration of income maintenance programs in calendar year 2009. For the purposes of this paragraph, Kenosha County expended $673,000 for the administration of income maintenance programs in calendar year 2009.

AB40-ASA1,1453,12 (6v) Income maintenance program administration; data processing unit. The department of health services shall relocate the document processing unit to a location that is outside of Dane County no later than July 1, 2012.

AB40-ASA1,1453,18 (7u) Milwaukee County enrollment services unit. No later than 30 days after the effective date of this subsection, the department of health services shall discuss with Milwaukee County any issues relating to the employment of county employees with the state to provide services for the Milwaukee County enrollment services unit. The department of health services shall submit a report to the joint committee on finance on this issue no later than 60 days after the effective date of this subsection.

AB40-ASA1,1453,23 (8r) Veterans home exemption from nursing home bed assessment. Notwithstanding section 50.14 (2) of the statutes, the Wisconsin veterans homes under section 45.50 of the statutes, as affected by this act, are not required to pay the per-bed assessment on nursing homes under section 50.14 (2) (am) of the statutes during the fiscal biennium in which this subsection takes effect.

AB40-ASA1,1454,10 (9) Congenital disorder testing fees; rules. Using the procedure under section 227.24 of the statutes, the department of health services shall promulgate rules required under section 253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40-ASA1,1454,15 (10q) Medical Assistance nursing home payment base funding. For the purpose of submitting information under section 16.42 of the statutes for purposes of preparing the 2013-15 biennial budget bill, the department of health services shall increase its adjusted base year funding for nursing home payments by $415,600 in general purpose revenue moneys and by $925,100 in federal moneys.

AB40-ASA1,1454,23 (10x) Audit of statewide income maintenance program administration. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the statewide administration of income maintenance programs, as defined in section 49.78 (1) (b) of the statutes. If conducted, the audit shall address timeliness, program integrity, and efficiency. If the committee directs the legislative audit bureau to conduct the audit, the bureau shall file its reports in the manner described under section 13.94 (1) (b) of the statutes by March 1, 2013.

AB40-ASA1,1455,5 (11i) Study on purchase of generic drugs for Medical Assistance. The department of health services shall conduct a study to determine whether the use of a competitive bidding process for the purchase of generic drug equivalents that are provided to recipients under the Medical Assistance program would generate cost savings in the Medical Assistance program. No later than December 31, 2011, the department of health services shall submit a report of its findings under the study to the joint committee on finance.

AB40-ASA1,1455,6 (12b) Study on Medical Assistance and Food Share changes.

AB40-ASA1,1455,8 (a) The department of health services shall conduct a study to estimate the costs and determine the feasibility of the following policies:

AB40-ASA1,1455,13 1. Implementing photo identification requirements for beneficiaries of the Medical Assistance program and beneficiaries of the Food Share program by requiring a Medical Assistance enrollment card to contain a photograph of the beneficiary and a Food Share electronic benefit transfer card to contain a photograph of the beneficiary.

AB40-ASA1,1455,16 2. Promoting the purchase of nutritional foods and beverages among Food Share beneficiaries and requiring a beneficiary to purchase nutritional foods and beverages under the program.

AB40-ASA1,1455,17 (b) The study must address all of the following issues:

AB40-ASA1,1455,20 1. Any potential costs associated with the implementation of the changes and any potential savings due to fraud reduction as a result of implementing the requirement for photo identification.

AB40-ASA1,1455,22 2. How to accommodate the photo identification requirement in households comprised of multiple individuals.

AB40-ASA1,1455,23 3. The need for federal approval to implement the changes.

AB40-ASA1,1456,2 (c) No later than December 31, 2011, the department of health services shall submit to the joint committee on finance a report that includes the department's recommendations for implementing the policies under paragraph (a) and that analyzes the feasibility of implementing those changes by April 1, 2012.

AB40-ASA1,1456,20 (12f) Seal-a-smile dental sealant program. The department of health services may submit a request to the joint committee on finance under section 13.10 of the statutes to provide supplemental funding under section 13.101 (3) of the statutes for the appropriation under section 20.435 (1) (de) of the statutes for use by the department to award a grant under section 250.10 (1m) (b) of the statutes for a school-based dental sealant program. Any request submitted under this subsection shall include a statement as to whether a private entity has agreed to provide matching funds for the grant for a school-based dental sealant program under section 250.10 (1m) (b) of the statutes. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's request that the committee has scheduled a meeting for the purpose of reviewing the request, the request is granted. If, within 14 working days after the date of the request, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the request, the request may be granted only upon approval of the committee. Notwithstanding section 13.101 (3) of the statutes, the joint committee on finance is not required to find that an emergency exists prior to making the supplementation under this subsection.

AB40-ASA1, s. 9122 Section 9122. Nonstatutory provisions; Higher Educational Aids Board.

AB40-ASA1,1457,5 (1d) Board of trustees of the Medical College of Wisconsin, Inc. Notwithstanding the requirement specified in section 39.15 (1) (a) of the statutes, as affected by this act, that 2 of the members of the board of trustees of the Medical College of Wisconsin, Inc., must be nominated by the governor, and with the advice and consent of the senate, appointed, that board may consist of more than 2 members so nominated and appointed until such time as through term expiration, resignation, removal, death, or other cause the membership of that board so nominated and appointed is reduced to 2 members.

AB40-ASA1, s. 9123 Section 9123. Nonstatutory provisions; Historical Society.

AB40-ASA1, s. 9124 Section 9124. Nonstatutory provisions; Housing and Economic Development Authority.

AB40-ASA1, s. 9125 Section 9125. Nonstatutory provisions; Insurance.

AB40-ASA1, s. 9126 Section 9126. Nonstatutory provisions; Investment Board.

AB40-ASA1,1457,18 (1f) Rights of certain investment board employees. Notwithstanding section 230.08 (2) (p) of the statutes, as affected by this act, all of the employees holding blue collar and clerical positions in the classified service at the investment board on the day before the effective date of this subsection, who have achieved permanent status in class on or before that date, shall retain, while serving in the unclassified service, those protections afforded employees in the classified service under sections 230.34 (1) (a) and 230.44 (1) (c) of the statutes relating to demotion, suspension, discharge, layoff, or reduction in base pay and shall also have reinstatement privileges to the classified service as provided under section 230.33 (1) of the statutes.

AB40-ASA1, s. 9127 Section 9127. Nonstatutory provisions; Joint Committee on Finance.