TJD:kjf:rs
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 9,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 40
June 14, 2011 - Offered by Representatives Richards, Pasch, Roys, Seidel and
Young.
AB40-ASA1-AA9,1,11 At the locations indicated, amend the substitute amendment as follows:
AB40-ASA1-AA9,1,2 21. Page 342, line 3: after that line insert:
AB40-ASA1-AA9,1,3 3" Section 642d. 20.435 (4) (bv) of the statutes is amended to read:
AB40-ASA1-AA9,1,84 20.435 (4) (bv) Prescription drug assistance for elderly; aids. Biennially, the
5amounts in the schedule for payment to pharmacies and pharmacists under s. 49.688
6(7) for prescription drug assistance for elderly persons and, if there are moneys
7remaining after payments to pharmacies and pharmacists, for the purposes under
8s. 49.688 (13)
.".
AB40-ASA1-AA9,1,9 92. Page 342, line 21: after that line insert:
AB40-ASA1-AA9,1,10 10" Section 646j. 20.435 (4) (j) of the statutes is amended to read:
AB40-ASA1-AA9,2,411 20.435 (4) (j) Prescription drug assistance for elderly; manufacturer rebates.
12All moneys received from rebate payments by manufacturers under s. 49.688 (6), to

1be used for payment to pharmacies and pharmacists under s. 49.688 (7) for
2prescription drug assistance for elderly persons and, if there are moneys remaining
3after payments to pharmacies and pharmacists, for the purposes under s. 49.688
4(13)
.
AB40-ASA1-AA9, s. 646k 5Section 646k. 20.435 (4) (jb) of the statutes is amended to read:
AB40-ASA1-AA9,2,96 20.435 (4) (jb) Prescription drug assistance for elderly; enrollment fees. All
7moneys received from payment of enrollment fees under s. 49.688 (3), to be used for
8administration of the program under s. 49.688 and, if there are moneys remaining
9after paying for program administration, for the purposes under s. 49.688 (13)
.".
AB40-ASA1-AA9,2,10 103. Page 510, line 21: after that line insert:
AB40-ASA1-AA9,2,11 11" Section 1298m. 46.281 (1n) (g) of the statutes is created to read:
AB40-ASA1-AA9,2,1912 46.281 (1n) (g) The department shall use funds received for the Money Follows
13the Person Rebalancing Demonstration Project authorized under section 6071 of the
14federal Deficit Reduction Act of 2005 to enroll individuals receiving institutional care
15in the family care program under s. 46.286, the family care partnership program
16operated under an amendment to the state medical assistance plan, as authorized
17in 42 USC 1396n (i), or the self-directed services option operated under a waiver
18from the secretary of the federal department of health and human services under 42
19USC 1396n
(c).".
AB40-ASA1-AA9,2,21 204. Page 571, line 9: after "programs" insert ", except that the department may
21not implement a policy that supersedes a statute".
AB40-ASA1-AA9,2,22 225. Page 572, line 1: delete lines 1 to 14 and substitute:
AB40-ASA1-AA9,2,24 23"(d) 1. Before implementing a policy proposed under par. (c), the department
24shall hold a public hearing on those changes.
AB40-ASA1-AA9,3,5
12. Before implementing a policy proposed under par. (c), the department shall
2request that the legislative reference bureau draft legislation to incorporate that
3change into the statutes. The secretary shall submit the proposed legislation to the
4standing committee of each house of the legislature that has jurisdiction over
5Medical Assistance matters under s. 13.172 (3).".
AB40-ASA1-AA9,3,7 66. Page 572, line 25: delete the material beginning with "If the waiver" and
7ending with "42 USC 1396a (gg) (3)." on page 573, line 5.
AB40-ASA1-AA9,3,9 87. Page 573, line 20: delete the material beginning with "repealed and" and
9ending with "is" on line 24.
AB40-ASA1-AA9,3,11 108. Page 575, line 17: delete the material beginning with "repealed and" and
11ending with "is" on line 21.
AB40-ASA1-AA9,3,13 129. Page 578, line 18: delete the material beginning with "Unless otherwise"
13and ending with "reimbursement" on line 19 and substitute "Reimbursement".
AB40-ASA1-AA9,3,15 1410. Page 578, line 24: delete the material beginning with that line and ending
15with page 579, line 6.
AB40-ASA1-AA9,3,17 1611. Page 579, line 13: delete the material beginning with "supervision," and
17ending with "sub. (2m) (c)." on line 22 and substitute "supervision.".
AB40-ASA1-AA9,3,19 1812. Page 580, line 1: delete the material beginning with "Unless" and ending
19with ", the" on line 2 and substitute "The".
AB40-ASA1-AA9,3,20 2013. Page 580, line 9: delete lines 9 to 18.
AB40-ASA1-AA9,3,22 2114. Page 581, line 2: delete the material beginning with "unless" and ending
22with "(c)" on line 3.
AB40-ASA1-AA9,3,23 2315. Page 581, line 7: delete lines 7 to 19.
AB40-ASA1-AA9,4,2
116. Page 582, line 20: delete the material beginning with "Unless" and ending
2with ", no" on line 21 and substitute "No".
AB40-ASA1-AA9,4,3 317. Page 583, line 1: delete lines 1 to 15.
AB40-ASA1-AA9,4,5 418. Page 583, line 19: delete the material beginning with ", unless" and ending
5with "(c)" on line 20.
AB40-ASA1-AA9,4,6 619. Page 583, line 21: delete lines 21 to 25.
AB40-ASA1-AA9,4,8 720. Page 584, line 3: delete the material beginning with "Unless" and ending
8with "(c), the" on line 4 and substitute "The".
AB40-ASA1-AA9,4,9 921. Page 584, line 6: delete lines 6 to 10.
AB40-ASA1-AA9,4,11 1022. Page 584, line 16: delete the material beginning with "received, unless"
11and ending with "(2m) (c)" on line 24 and substitute "received.".
AB40-ASA1-AA9,4,13 1223. Page 585, line 9: delete the material beginning with "If the department"
13and ending with "policy." on line 22.
AB40-ASA1-AA9,4,15 1424. Page 586, line 3: delete the material beginning with "Unless" and ending
15with ", cost" on line 4 and substitute "Cost".
AB40-ASA1-AA9,4,16 1625. Page 586, line 10: delete lines 10 to 21.
AB40-ASA1-AA9,4,17 1726. Page 587, line 7: delete lines 7 to 20.
AB40-ASA1-AA9,4,19 1827. Page 588, line 5: delete "is amended" and substitute ", as affected by 2011
19Wisconsin Act 10
, is repealed and recreated".
AB40-ASA1-AA9,4,21 2028. Page 588, line 11: delete the material beginning with "If the department"
21and ending with "policy." on line 12.
AB40-ASA1-AA9,5,2
129. Page 588, line 13: delete "is amended" and substitute ", as affected by 2011
2Wisconsin Act 10
, is repealed and recreated".
AB40-ASA1-AA9,5,4 330. Page 588, line 18: delete the material beginning with "waiver. If the" and
4ending with "policy." on line 20 and substitute "waiver.".
AB40-ASA1-AA9,5,6 531. Page 589, line 2: delete the material beginning with ", unless" and ending
6with "10" on line 3.
AB40-ASA1-AA9,5,7 732. Page 589, line 13: delete lines 13 to 21.
AB40-ASA1-AA9,5,9 833. Page 590, line 9: delete the material beginning with "If the department"
9and ending with "policy." on line 24.
AB40-ASA1-AA9,5,11 1034. Page 591, line 6: delete the material beginning with "42 USC 1396b (v),"
11and ending with "sub. (2m) (c)." on line 14 and substitute "42 USC 1396b (v).".
AB40-ASA1-AA9,5,13 1235. Page 591, line 21: delete the material beginning with "unless" and ending
13with "(2m) (c)," on line 22.
AB40-ASA1-AA9,5,15 1436. Page 592, line 5: delete the material beginning with "unless" and ending
15with "(2m) (c)," on line 6.
AB40-ASA1-AA9,5,17 1637. Page 593, line 3: delete the material beginning with that line and ending
17with page 594, line 14.
AB40-ASA1-AA9,5,19 1838. Page 597, line 6: delete the material beginning with "repealed" and ending
19with "is" on line 10.
AB40-ASA1-AA9,5,21 2039. Page 597, line 13: delete the material beginning with "and unless" and
21ending with "(2m) (c)" on line 14.
AB40-ASA1-AA9,5,22 2240. Page 597, line 17: delete lines 17 to 22.
AB40-ASA1-AA9,6,2
141. Page 598, line 1: delete the material beginning with "and unless" and
2ending with "(2m) (c)" on line 2.
AB40-ASA1-AA9,6,3 342. Page 598, line 5: delete lines 5 to 10.
AB40-ASA1-AA9,6,5 443. Page 601, line 5: delete the material beginning with "Unless" and ending
5with "(2m) (c), a" on line 6 and substitute "A".
AB40-ASA1-AA9,6,6 644. Page 601, line 11: delete lines 11 to 18.
AB40-ASA1-AA9,6,8 745. Page 603, line 3: delete the material beginning with "Unless" and ending
8with "(2m) (c), any" on line 6 and substitute "Any".
AB40-ASA1-AA9,6,9 946. Page 603, line 7: delete lines 7 to 12.
AB40-ASA1-AA9,6,11 1047. Page 604, line 23: delete the material beginning with "repealed" and
11ending with "is" on page 605, line 5.
AB40-ASA1-AA9,6,13 1248. Page 605, line 8: delete the material beginning with "Unless" and ending
13with "(2m) (c), the" on line 6 and substitute "The".
AB40-ASA1-AA9,6,14 1449. Page 605, line 11: delete lines 11 to 15.
AB40-ASA1-AA9,6,16 1550. Page 608, line 4: delete the material beginning with "repealed" and ending
16with "is" on line 9.
AB40-ASA1-AA9,6,18 1751. Page 608, line 12: delete the material beginning with "and unless" and
18ending with "(2m) (c)" on line 13.
AB40-ASA1-AA9,6,19 1952. Page 608, line 16: delete lines 16 to 21.
AB40-ASA1-AA9,6,21 2053. Page 608, line 25: delete the material beginning with "Unless" and ending
21with "(2m) (c), the" on page 609, line 1, and substitute "The".
AB40-ASA1-AA9,6,22 2254. Page 609, line 4: delete lines 4 to 10.
AB40-ASA1-AA9,7,2
155. Page 610, line 1: delete the material beginning with "Unless" and ending
2with "(2m) (c), a" on line 2 and substitute "A".
AB40-ASA1-AA9,7,3 356. Page 610, line 6: delete lines 6 to 12.
AB40-ASA1-AA9,7,5 457. Page 610, line 19: delete the material beginning with ", unless" and ending
5with "49.45 (2m) (c)" on line 20.
AB40-ASA1-AA9,7,7 658. Page 610, line 21: delete the material beginning with that line and ending
7with page 611, line 3.
AB40-ASA1-AA9,7,8 859. Page 612, line 16: after that line insert:
AB40-ASA1-AA9,7,9 9" Section 1481k. 49.688 (13) of the statutes is created to read:
AB40-ASA1-AA9,7,1510 49.688 (13) If there are moneys available in the appropriation accounts under
11s. 20.435 (4) (bv), (j), or (jb), the department shall use those moneys to reduce
12enrollment costs for individuals participating in the program under this section, to
13reduce the prices paid by individuals in the program under this section for
14prescription drugs, and to enlarge the number of prescription drugs available under
15the program under this section.".
AB40-ASA1-AA9,7,17 1660. Page 1449, line 7: delete the material beginning with that line and ending
17with page 1452, line 18, and substitute:
AB40-ASA1-AA9,7,18 18"(3h) Long-term care cost-effectiveness study.
AB40-ASA1-AA9,7,19 19(a) In this subsection:
AB40-ASA1-AA9,7,22 201. "Family care partnership program" means an integrated health and
21long-term care program operated under an amendment to the state medical
22assistance plan, as authorized in 42 USC 1396n (i).
AB40-ASA1-AA9,7,24 232. "Family care program" means the benefit program under section 46.286 of
24the statutes.
AB40-ASA1-AA9,8,4
13. "Institutional facility" means a nursing home under section 50.01 (3) of the
2statutes, an intermediate care facility for persons with mental retardation under
3section 50.14 (1) (b) of the statutes, or a center for the developmentally disabled
4under section 51.01 (3) of the statutes.
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