Amendment ASA1-AB64

AB64-ASA1,1009,24 (2s) FoodShare employment and training program outcomes report. By February 1, 2018, the department of health services shall provide to the joint committee on finance an outcome report on the food stamp program's employment and training program under section 49.79 (9) of the statutes. The report shall include any proposed program improvements and contract modifications necessary based on the reported outcomes.

AB64-ASA1,1010,15 (3t) Rate-based service contracts. If on the effective date of this subsection, the amount accumulated by a provider, as defined in section 46.036 (5m) (a) 1. of the statutes, from all contract periods ending before that date for all rate-based services, as defined in section 46.036 (5m) (a) 2. of the statutes, provided by the provider exceeds 10 percent of the provider's total contract amount for all rate-based services in the year before the effective date of this subsection, the provider shall provide written notice of that excess to all purchasers of that rate-based service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. If the department of health services under section 46.036 (5m) of the statutes determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department of health services may seek to recover funds after the 6-month period has expired. The department of health services shall commence any audit or fiscal review under this subsection within 6 years after the end of the contract period.

AB64-ASA1,1010,16 (4g) Physical medicine pilot program.

AB64-ASA1,1010,17 (a) Definitions. In this subsection:

AB64-ASA1,1010,18 1. “Department” means the department of health services.

AB64-ASA1,1010,20 2. “Medical Assistance program” means the program under subchapter IV of chapter 49 of the statutes.

AB64-ASA1,1010,23 3. “Physical medicine” means rehabilitation techniques that aim to enhance and restore functional ability and quality of life to persons with physical impairments, injuries, or disabilities.

AB64-ASA1,1011,8 (b) Study. The department shall study best practices for physical medicine and the impact the use of physical medicine has on the use and frequency of use of prescription and over-the-counter drugs and shall develop a proposal for a physical medicine pilot program to minimize prescription of addictive drugs for individuals who receive benefits under the Medical Assistance program by using chiropractic and physical and occupational therapy services that are reimbursed under the Medical Assistance program. In completing the study and developing the proposal under this paragraph, the department shall solicit input from persons that are interested in physical medicine, including those interested in chiropractic care and physical therapy.

AB64-ASA1,1011,13 (c) Report. No later than April 1, 2018, the department shall submit a report of the study and the proposal for the pilot program under paragraph (b) to the legislature under section 13.172 (2) of the statutes. The department may not implement the pilot program under paragraph (b) unless the legislature directs or explicitly authorizes the department to implement the pilot program.

AB64-ASA1,1012,2 (4k) Family Care Partnership program. By December 31, 2017, the department of health services shall submit a request for a waiver of federal Medicaid law to the federal department of health and human services to expand the Family Care Partnership program, as described in section 49.496 (1) (bk) 3. of the statutes, statewide. If the federal department of health and human services approves the request, the department of health services shall, within 60 days of receiving notice of the approval, submit a plan for expansion of the Family Care Partnership program following the guidelines in the waiver to the joint committee on finance for approval. The department of health services may expand the Family Care Partnership program only as approved by the joint committee on finance. If the federal department of health and human services disapproves the request, the department of health services shall submit a report to the joint committee on finance describing the reasons the request was disapproved.

AB64-ASA1,1012,3 (5b) Nursing home bed licenses.

AB64-ASA1,1012,5 (a) In this subsection, “ nursing home" has the meaning given in section 50.01 (3) of the statutes.

AB64-ASA1,1012,10 (b) Notwithstanding sections 150.33, 150.35, and 150.39 of the statutes, from the nursing home beds that are available under section 150.31 of the statutes, the department of health services shall, following submission of the application under paragraph (c), redistribute 18 beds to a nursing home that satisfies all of the following:

AB64-ASA1,1012,12 1. On the effective date of this subdivision, it has a licensed bed capacity of no more than 30.

AB64-ASA1,1012,15 2. On the effective date of this subdivision, it is located in a county that has a population of at least 27,000, with the population of the county seat of no more than 9,200, and that is adjacent to a county with a population of at least 20,000.

AB64-ASA1,1012,18 3. It has requested the increase in the number of its licensed beds through a notice to the department of health services that includes its per diem operating and capital rates.

AB64-ASA1,1012,21 (c) The department of health services shall approve an application from a nursing home that meets the qualifications under paragraph (b) within 30 days after the department of health services receives the application.

AB64-ASA1,1012,25 (d) The department of health services shall develop a policy that specifies procedures for applying for, and receiving approval of, the transfer of available, licensed nursing home beds. The department of health services shall submit a report on the resulting policy to the joint committee on finance no later than July 1, 2018.

AB64-ASA1,1013,1 (5f) Emergency physician services and reimbursement workgroup.

AB64-ASA1,1013,11 (a) Under section 15.04 (1) (c) of the statutes, the department of health services shall establish a committee to examine medical services provided in hospital emergency departments to Medical Assistance recipients and make recommendations regarding potential savings in these services and increases to Medical Assistance reimbursement for emergency physician services. To the extent the committee determines appropriate, the committee may examine aspects of the healthcare system involving emergency care, including patient care practices, medication use and prescribing practices, billing and coding administration, organization of health care delivery systems, care coordination, patient financial incentives, and other aspects.

AB64-ASA1,1013,13 (b) The committee under paragraph (a) shall consist of all of the following members appointed by the secretary of health services:

AB64-ASA1,1013,15 1. Two physicians practicing in Wisconsin representing a statewide physician-member organization of emergency physicians.

AB64-ASA1,1013,18 2. Two representatives of the division of the department of health services that addresses Medical Assistance services, with experience in emergency physician services, codes, and payment.

AB64-ASA1,1013,20 3. One representative who is a hospital emergency department administrator employed by a Wisconsin hospital or hospital-based health system.

AB64-ASA1,1013,23 4. One coding and billing specialist from an organization with expertise on and in the business of emergency medicine that contracts emergency physicians practicing in Wisconsin.

AB64-ASA1,1013,25 (c) The committee may solicit input from others as it determines is necessary and appropriate.

AB64-ASA1,1014,3 (d) The committee under this subsection must first convene no later than 60 days after the effective date of this paragraph and meet at least every 45 days until arriving at a set of recommendations.

AB64-ASA1,1014,6 (e) The committee shall report its findings and recommendations to the joint committee on finance no later than September 1, 2018, and each recommendation must be made on the basis of a consensus of the committee.

AB64-ASA1,1014,7 (5h) Complex rehabilitation technology.

AB64-ASA1,1014,12 (a) The department of health services shall submit in proposed form the rules required under section 49.45 (9r) of the statutes, including the rules described under paragraph (b), to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this paragraph.

AB64-ASA1,1014,16 (b) The department of health services shall include in the proposed rules submitted under paragraph (a) rules that designate all of the following healthcare common procedure coding system codes, which are used in the federal Medicare program, as complex rehabilitation technology for the Medical Assistance program:

AB64-ASA1,1015,2 1. Pure complex rehabilitation technology codes of E0637, E0638, E0641, E0642, E0986, E1002, E1003, E1004, E1005, E1006, E1007, E1008, E1009, E1010, E1011, E1012, E1014, E1037, E1161, E1220, E1228, E1229, E1231, E1232, E1233, E1234, E1235, E1236, E1237, E1238, E1239, E2209, E2291, E2292, E2293, E2294, E2295, E2300, E2301, E2310, E2311, E2312, E2313, E2321, E2322, E2323, E2324, E2325, E2326, E2327, E2328, E2329, E2330, E2331, E2351, E2373, E2374, E2376, E2377, E2609, E2610, E2617, E8000, E8001, E8002, K0005, K0835, K0836, K0837, K0838, K0839, K0840, K0841, K0842, K0843, K0848, K0849, K0850, K0851, K0852, K0853, K0854, K0855, K0856, K0857, K0858, K0859, K0860, K0861, K0862, K0863, K0864, K0868, K0869, K0870, K0871, K0877, K0878, K0879, K0880, K0884, K0885, K0886, K0890, K0891, and K0898.

AB64-ASA1,1015,8 2. Mixed complex rehabilitation technology product and standard mobility and accessory product codes of E0950, E0951, E0952, E0955, E0956, E0957, E0958, E0960, E0967, E0978, E0990, E0995, E1015, E1016, E1028, E1029, E1030, E2205, E2208, E2231, E2368, E2369, E2370, E2605, E2606, E2607, E2608, E2613, E2614, E2615, E2616, E2620, E2621, E2624, E2625, K0004, K0006, K0007, K0008, K0009, K0040, K0108, and K0669.

AB64-ASA1,1015,10 (c) The department of health services shall in the proposed rules exempt the codes listed in paragraph (b) from any bidding or selective contracting requirements.

AB64-ASA1,1015,15 (6d) Critical access hospital grant. The department of health services shall award a grant of $250,000 in the 2017-19 fiscal biennium to a critical access hospital to support the cost of a behavioral health crisis management system. The department of health services shall award the grant under this subsection to a critical access hospital that meets all of the following criteria:

AB64-ASA1,1015,16 (a) The hospital presents a proposal that does all of the following:

AB64-ASA1,1015,19 1. Provides in-person triage, assessment, and brief intervention services to persons presenting in the hospital emergency department for reasons related to a behavioral health crisis.

AB64-ASA1,1015,22 2. Provides the services specified under subdivision 1. through video telemedicine consultation to persons presenting in hospital emergency departments, other than the hospital's emergency department, in the hospital's region.

AB64-ASA1,1015,24 3. Coordinates the transfer of persons who require care for a behavioral health condition to another facility, as appropriate.

AB64-ASA1,1016,3 (b) The hospital is located in the northwestern part of this state in a county that borders Minnesota and that has immediate access to the interstate highway known as I 94.

AB64-ASA1,1016,5 (c) The hospital provides alcohol and drug abuse assessment and treatment services and inpatient psychiatric services.

AB64-ASA1,1016,6 (6p) Medical Assistance audit of family planning providers.

AB64-ASA1,1016,8 (a) In this subsection, “covered entity” has the meaning given in 42 USC 256b (a) (4) (C) and (K).

AB64-ASA1,1016,14 (b) The office of the inspector general of the department of health services shall conduct an audit of all family planning service reimbursements paid to covered entities under the Medical Assistance program under subchapter IV of chapter 49 of the statutes for the period January 1, 2013, to December 31, 2016. The office of the inspector general shall conclude the audit under this subsection no later than June 30, 2019.

AB64-ASA1,1016,20 (6t) Community program grants. Notwithstanding the limitations on the amount of grants under section 46.48 of the statutes, in the 2019-21 fiscal biennium, from the appropriation account under section 20.435 (7) (bc) of the statutes, the department of health services may increase the amount of each grant or the number of grants awarded under section 46.48 of the statutes to expend the moneys described in Section 9220 (5r) of this act.

AB64-ASA1,9121 Section 9121. Nonstatutory provisions; Higher Educational Aids Board.

AB64-ASA1,1017,5 (1f) Minority teacher loan program. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2019 biennial budget act, the higher educational aids board shall submit information concerning the appropriation under section 20.235 (1) (cr) of the statutes as though the total amount appropriated under section 20.235 (1) (cr) of the statutes for the 2018-19 fiscal year was $125,000 more than the total amount that was actually appropriated under section 20.235 (1) (cr) of the statutes for the 2018-19 fiscal year.

AB64-ASA1,1017,13 (2f) Teacher loan program. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2019 biennial budget act, the higher educational aids board shall submit information concerning the appropriation under section 20.235 (1) (ct) of the statutes as though the total amount appropriated under section 20.235 (1) (ct) of the statutes for the 2018-19 fiscal year was $125,000 more than the total amount that was actually appropriated under section 20.235 (1) (ct) of the statutes for the 2018-19 fiscal year.

AB64-ASA1,9122 Section 9122. Nonstatutory provisions; Historical Society

AB64-ASA1,1017,15 (1) Circus world museum.

AB64-ASA1,1017,16 (a) Definitions. In this subsection:

AB64-ASA1,1017,17 1. “Foundation” means the Circus World Museum Foundation, Inc.

AB64-ASA1,1017,19 2. “Lease termination date” means the termination date of the lease agreement that is specified in section 44.16 (3) of the statutes.

AB64-ASA1,1017,25 (b) Employees. If a lease agreement under section 44.16 (1) of the statutes is in effect on the effective date of this paragraph, the historical society shall offer employment to each individual who is employed by the foundation on the lease termination date, but only if vacant authorized or limited term positions are available for the individuals to fill and the historical society has funding for the positions.

AB64-ASA1,1018,7 (c) Contracts. If a lease agreement under section 44.16 (1) of the statutes is in effect on the effective date of this paragraph, all contracts entered into by the foundation that are in effect on the lease termination date remain in effect and are transferred to the historical society on the lease termination date. The historical society shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the historical society to the extent allowed under the contract.

AB64-ASA1,9123 Section 9123. Nonstatutory provisions; Housing and Economic Development Authority.

AB64-ASA1,9124 Section 9124. Nonstatutory provisions; Insurance.

AB64-ASA1,1018,11 (1) Transfer of information technology functions.

AB64-ASA1,1018,16 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the commissioner of insurance that are primarily related to information technology functions, as determined by the secretary of administration, become the assets and liabilities of the division of enterprise technology in the department of administration.

AB64-ASA1,1018,22 (b) Positions and employees. On the effective date of this paragraph, 12.5 FTE positions and the incumbent employees holding those positions in the office of the commissioner of insurance who are performing duties that are primarily related to information technology functions, as determined by the secretary of administration, are transferred to the division of enterprise technology in the department of administration.

AB64-ASA1,1019,4 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under chapter 230 of the statutes in the division of enterprise technology in the department of administration that they enjoyed in the office of the commissioner of insurance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under paragraph (b) who has attained permanent status in class is required to serve a probationary period.

AB64-ASA1,1019,9 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of insurance that is primarily related to information technology functions, as determined by the secretary of administration, is transferred to the division of enterprise technology in the department of administration.

AB64-ASA1,1019,17 (e) Contracts. All contracts entered into by the office of the commissioner of insurance in effect on the effective date of this paragraph that are primarily related to information technology functions, as determined by the secretary of administration, remain in effect and are transferred to the division of enterprise technology in the department of administration. The division of enterprise technology in the department of administration shall carry out any obligations under those contracts unless modified or rescinded by the division of enterprise technology in the department of administration to the extent allowed under the contract.

AB64-ASA1,1020,2 (f) Rules and orders. All rules promulgated by the office of the commissioner of insurance in effect on the effective date of this paragraph that are primarily related to information technology functions remain in effect until their specified expiration dates or until amended or repealed by the division of enterprise technology in the department of administration. All orders issued by the office of the commissioner of insurance in effect on the effective date of this paragraph that are primarily related to information technology functions remain in effect until their specified expiration dates or until modified or rescinded by the division of enterprise technology in the department of administration.

AB64-ASA1,1020,10 (g) Pending matters. Any matter pending with the office of the commissioner of insurance on the effective date of this paragraph that is primarily related to information technology functions, as determined by the secretary of administration, is transferred to the division of enterprise technology in the department of administration. All materials submitted to or actions taken by the office of the commissioner of insurance with respect to the pending matter are considered as having been submitted to or taken by the division of enterprise technology in the department of administration.

AB64-ASA1,9125 Section 9125. Nonstatutory provisions; Investment Board.

AB64-ASA1,9126 Section 9126. Nonstatutory provisions; Joint Committee on Finance.

AB64-ASA1,9127 Section 9127. Nonstatutory provisions; Judicial Commission.

AB64-ASA1,9128 Section 9128. Nonstatutory provisions; Justice.

AB64-ASA1,1020,20 (1q) Drug law enforcement activities. Of the moneys in the appropriation account under section 20.455 (3) (g) of the statutes that have been received from a settlement and that are not committed to a specific purpose under the terms of the settlement, the department of justice shall allocate $500,000 in the 2017-19 fiscal biennium to the division of criminal investigation to support overtime, fleet costs, training, and other supplies and services related to drug law enforcement.

AB64-ASA1,1020,21 (1w) Interoperable communications transfer.

AB64-ASA1,1020,25 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of justice that are primarily related to interoperable communications, as determined by the secretary of administration, shall become the assets and liabilities of the department of military affairs.

AB64-ASA1,1021,5 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of justice performing duties that are primarily related to interoperable communications, as determined by the secretary of administration, are transferred to the department of military affairs.

AB64-ASA1,1021,11 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under chapter 230 of the statutes in the department of military affairs that they enjoyed in the department of justice immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB64-ASA1,1021,15 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of justice that is primarily related to interoperable communications, as determined by the secretary of administration, is transferred to the department military affairs.

AB64-ASA1,1021,21 (e) Pending matters. Any matter pending with the department of justice on the effective date of this paragraph that is primarily related to interoperable communications, as determined by the secretary of administration, is transferred to the department of military affairs. All materials submitted to or actions taken by the department of justice with respect to the pending matter are considered as having been submitted to or taken by the department of military affairs.

AB64-ASA1,1022,3 (f) Contracts. All contracts entered into by the department of justice in effect on the effective date of this paragraph that are primarily related to interoperable communications, as determined by the secretary of administration, remain in effect and are transferred to the department of military affairs. The department of military affairs shall carry out any obligations under those contracts unless modified or rescinded by the department of military affairs to the extent allowed under the contract.

AB64-ASA1,1022,12 (g) Rules and orders. All rules promulgated by the department of justice in effect on the effective date of this paragraph that are primarily related to interoperable communications, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of military affairs. All orders issued by the department of justice in effect on the effective date of this paragraph that are primarily related to interoperable communications, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of military affairs.

AB64-ASA1,1022,19 (2p) Study of the sale or transfer of crime laboratory supplies. By January 5, 2018, the department of justice shall submit to the joint committee on finance a study of the implications of a sale or transfer of ammunition in the possession of the state crime laboratories to state and local law enforcement agencies for training purposes. The study shall address the manner in which other states dispose of ammunition in their crime laboratories and suggest ways in which Wisconsin may dispose of ammunition in the state crime laboratories.

AB64-ASA1,9129 Section 9129. Nonstatutory provisions; Legislature.

AB64-ASA1,1022,21 (2i) WisconsinEye equipment.

AB64-ASA1,1022,23 (a) Subject to paragraph (b), during the 2017-19 fiscal biennium, all of the following shall occur:

AB64-ASA1,1023,3 1. The assembly committee on organization shall authorize the expenditure of $206,300 from the appropriation account under section 20.765 (1) (a) of the statutes and the senate committee on organization shall authorize the expenditure of $206,300 from the appropriation account under section 20.765 (1) (b) of the statutes to assist in paying the costs of 21 WisconsinEye cameras in the state capitol building.

AB64-ASA1,1023,6 2. The chief justice of the supreme court shall authorize the expenditure of $37,800 from the appropriation account under section 20.680 (1) (a) of the statutes to assist in paying the costs of 2 WisconsinEye cameras in the supreme court.

AB64-ASA1,1023,8 (b) No moneys may be expended under paragraph (a) until all of the following have occurred:

AB64-ASA1,1023,10 1. The joint committee on legislative organization determines that WisconsinEye has secured $226,200 in matching funds.

AB64-ASA1,1023,14 2. The joint committee on legislative organization has selected the location for the 21 WisconsinEye cameras in the state capitol building, and the chief justice of the supreme court has selected the location for the 2 WisconsinEye cameras in the supreme court.

AB64-ASA1,1023,16 3. The state capitol and executive residence board has approved the location and installation of all of the WisconsinEye cameras.

AB64-ASA1,1024,2 (2w) Audit of state group health insurance programs. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial and performance evaluation audit of the state group health insurance programs, including a review of the group insurance board's compliance with its reserves policy, a review of the appropriateness of the group insurance board's policy regarding fully insured program reserves, and the circumstances that have created ongoing, frequent accumulation and use of reserves. If the joint legislative audit committee directs the legislative audit bureau to perform an audit, the legislative audit bureau shall file its report as described under section 13.94 (1) (b) of the statutes.