Amendment AA3-SB70

SB70-AA3,207,20 51.443 Mental health consultation program. (1) In this section:

SB70-AA3,207,23 (a) “Participating clinicians” includes physicians, nurse practitioners, physician assistants, and medically appropriate members of the care teams of physicians, nurse practitioners, and physician assistants.

SB70-AA3,208,2 (b) “Program” means the mental health consultation program under this section.

SB70-AA3,208,10 (2) During the fiscal year 2023-24, the department shall contract with the organization that provided consultation services through the child psychiatry consultation program under s. 51.442, 2021 stats., as of January 1, 2023, to administer the mental health consultation program described under this section. In subsequent fiscal years, the department shall contract with the organization that provided consultation services through the child psychiatry consultation program under s. 51.442, 2021 stats., as of January 1, 2023, or another organization to administer the mental health consultation program under this section.

SB70-AA3,208,16 (3) The contracting organization under sub. (2) shall administer a mental health consultation program that incorporates a comprehensive set of mental health consultation services, which may include perinatal, child, adult, geriatric, pain, veteran, and general mental health consultation services, and may contract with any other entity to perform any operations and satisfy any requirements under this section for the program.

SB70-AA3,208,18 (4) As a condition of providing services through the program, the contracting organization under sub. (2) shall do all of the following:

SB70-AA3,209,2 (a) Ensure that all mental health care providers who are providing services through the program have the applicable credential from this state; if a psychiatric professional, that the provider is eligible for certification or is certified by the American Board of Psychiatry and Neurology for adult psychiatry, child and adolescent psychiatry, or both; and if a psychologist, that the provider is registered in a professional organization, including the American Psychological Association, National Register of Health Service Psychologists, Association for Psychological Science, or the National Alliance of Professional Psychology Providers.

SB70-AA3,209,4 (b) Maintain the infrastructure necessary to provide the program's services statewide.

SB70-AA3,209,6 (c) Operate the program on weekdays during normal business hours of 8 a.m. to 5 p.m.

SB70-AA3,209,8 (d) Provide consultation services under the program as promptly as is practicable.

SB70-AA3,209,12 (e) Have the capability to provide consultation services by, at a minimum, telephone and email. Consultation through the program may be provided by teleconference, video conference, voice over Internet protocol, email, pager, in-person conference, or any other telecommunication or electronic means.

SB70-AA3,209,13 (f) Provide all of the following services through the program:

SB70-AA3,209,15 1. Support for participating clinicians to assist in the management of mental health concerns.

SB70-AA3,209,18 2. Triage-level assessments to determine the most appropriate response to each request, including appropriate referrals to any community providers and health systems.

SB70-AA3,209,19 3. When medically appropriate, diagnostics and therapeutic feedback.

SB70-AA3,209,21 4. Recruitment of other clinicians into the program as participating clinicians when possible.

SB70-AA3,209,22 (g) Report to the department any information requested by the department.

SB70-AA3,210,6 (h) Conduct annual surveys of participating clinicians who use the program to assess the quality of care provided, self-perceived levels of confidence in providing mental health services, and satisfaction with the consultations and other services provided through the program. Immediately after participating clinicians begin using the program and again 6 to 12 months later, the contracting organization under sub. (2) may conduct assessments of participating clinicians to assess the barriers to and benefits of participation in the program to make future improvements and to determine the participating clinicians' treatment abilities, confidence, and awareness of relevant resources before and after beginning to use the program.

SB70-AA3,210,10 (5) Services provided under sub. (4) (b) to (h) are eligible for funding from the department. The contracting organization under sub. (2) also may provide any of the following services under the program that are eligible for funding from the department:

SB70-AA3,210,13 (a) Second opinion diagnostic and medication management evaluations and community resource referrals conducted by either a psychiatrist or allied health professionals.

SB70-AA3,210,16 (b) In-person or web-based educational seminars and refresher courses on a medically appropriate topic within mental or behavioral health care provided to any participating clinician who uses the program.

SB70-AA3,210,17 (c) Data evaluation and assessment of the program.”.

SB70-AA3,210,18 245. Page 374, line 11: after that line insert:

SB70-AA3,210,19 “ Section 268. 46.48 (35) of the statutes is created to read:

SB70-AA3,210,22 46.48 (35) Psychiatric residential treatment facilities. The department may distribute not more than $1,790,000 in each fiscal year to support psychiatric residential treatment facilities.

SB70-AA3,269 Section 269. 49.46 (2) (b) 14c. of the statutes is created to read:

SB70-AA3,211,2 49.46 (2) (b) 14c. Subject to par. (bv), services by a psychiatric residential treatment facility.

SB70-AA3,270 Section 270. 49.46 (2) (bv) of the statutes is created to read:

SB70-AA3,211,11 49.46 (2) (bv) The department shall submit to the federal department of health and human services any request for a state plan amendment, waiver, or other federal approval necessary to provide reimbursement for services by a psychiatric residential treatment facility. If the federal department of health and human services approves the request or if no federal approval is necessary, the department shall provide reimbursement under par. (b) 14c. If the federal department of health and human services disapproves the request, the department may not provide reimbursement for services under par. (b) 14c.

SB70-AA3,271 Section 271. 51.044 of the statutes is created to read:

SB70-AA3,211,18 51.044 Psychiatric residential treatment facilities. (1) Definition. In this section, “psychiatric residential treatment facility” is a non-hospital facility that provides inpatient comprehensive mental health treatment services to individuals under the age of 21 who, due to mental illness, substance use, or severe emotional disturbance, need treatment that can most effectively be provided in a residential treatment facility.

SB70-AA3,211,22 (2) Certification required; exemption. (a) No person may operate a psychiatric residential treatment facility without a certification from the department. The department may limit the number of certifications it grants to operate a psychiatric residential treatment facility.

SB70-AA3,211,24 (b) A psychiatric residential treatment facility that has a certification from the department under this section is not subject to facility regulation under ch. 48.

SB70-AA3,211,25 (3) Rules. The department may promulgate rules to implement this section.

SB70-AA3,9119 Section 9119. Nonstatutory provisions; Health Services.

SB70-AA3,212,14 (1) Emergency rules on psychiatric residential treatment facilities. The department of health services may promulgate emergency rules under s. 227.24 implementing certification of psychiatric residential treatment facilities under s. 51.044, including development of a new provider type and a reimbursement model for psychiatric residential treatment facilities under the Medical Assistance program under subch. IV of ch. 49. Notwithstanding s. 227.24 (1) (a) and (3), 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2025, or the date on which permanent rules take effect, whichever is sooner.”.

SB70-AA3,212,15 246. Page 374, line 11: after that line insert:

SB70-AA3,212,16 “ Section 272. 46.48 (22) of the statutes is created to read:

SB70-AA3,212,20 46.48 (22) Health care provider innovation grants. The department may distribute not more than $14,550,000 in each fiscal year as grants to health care providers and long-term care providers to implement best practices and innovative solutions to increase worker recruitment and retention.”.

SB70-AA3,212,21 247. Page 374, line 11: after that line insert:

SB70-AA3,212,22 “ Section 9119. Nonstatutory provisions; Health Services.

SB70-AA3,212,23 (4u) Complex patient pilot program.

SB70-AA3,212,24 (a) In this subsection, “department” means the department of health services.

SB70-AA3,213,5 (b) The department shall form an advisory group to assist with development and implementation of a complex patient pilot program. The secretary of health services, or his or her designee, shall be the chair of the advisory group. Members of the advisory group under this paragraph shall have clinical, financial, or administrative expertise in government programs, acute care, or post-acute care.

SB70-AA3,213,8 (c) The department shall use its request-for-proposal procedure to select partnership groups to be designated as participating sites for the complex patient pilot program under this subsection.

SB70-AA3,213,14 (d) The advisory group formed under this subsection shall develop a request for proposal for the complex patient pilot program that includes eligibility requirements. For purposes of the pilot program under this subsection, only partnerships of hospitals and post-acute facilities are eligible to submit proposals. An eligible partnership shall include at least one hospital and at least one post-acute facility, but may include more than one hospital or post-acute facility.

SB70-AA3,213,17 (e) Each partnership group that applies to the department to be designated as a site for the complex patient pilot program shall specifically address all of the following issues:

SB70-AA3,213,18 1. The number of beds that would be set aside in the post-acute facility.

SB70-AA3,213,20 2. The goals of the partnership during the pilot program and after the pilot program.

SB70-AA3,213,21 3. The types of complex patients for whom care would be provided.

SB70-AA3,213,23 4. Expertise to successfully implement the proposal, including a discussion of at least all of the following issues:

SB70-AA3,213,24 a. Experience of the partners working together.

SB70-AA3,213,25 b. Plan for staffing the unit.

SB70-AA3,214,1 c. Ability to electronically exchange health information.

SB70-AA3,214,2 d. Clinical expertise.

SB70-AA3,214,3 e. Hospital and post-acute facility survey history over the past 3 years.

SB70-AA3,214,4 f. Acute care partner readmissions history over the past 3 years.

SB70-AA3,214,5 g. Discharge planning and patient intake resources.

SB70-AA3,214,10 h. Stability of finances to support the proposal, including matching funds that could be dedicated to the pilot program under this subsection. No applicant is required to provide matching funds or a contribution, but the advisory group and the department of health services may take into consideration the availability of matching funds or a contribution in evaluating an application.

SB70-AA3,214,12 5. The per diem rate requested to adequately compensate the hospital or hospitals and the post-acute facility or facilities.

SB70-AA3,214,13 6. A post-acute bed reserve rate.

SB70-AA3,214,15 7. Anticipated impediments to successful implementation and how the applicant partnership group intends to overcome the anticipated impediments.

SB70-AA3,214,16 (f) The advisory group formed under this subsection shall do all of the following:

SB70-AA3,214,20 1. Determine and recommend to the department an amount of the funding budgeted for the complex patient pilot program under s. 20.435 (7) (d) to be reserved for reconciliation to ensure that participants in the pilot program are held harmless from unanticipated financial loss.

SB70-AA3,215,2 2. Develop a methodology to evaluate the complex patient pilot program, including a recommendation on whether the department should contract with an independent organization to evaluate the complex patient pilot program. The department may contract with an independent organization to complete the evaluation described under this subdivision and, if the department does so, the department may pay the fee of the organization selected from the appropriation under s. 20.435 (7) (d).

SB70-AA3,215,5 3. Make recommendations to the secretary of health services regarding which partnership groups should receive designation as a participating site for the complex patient pilot program.

SB70-AA3,215,9 (g) 1. No later than 90 days after the effective date of this subdivision, the advisory group shall complete development of the request for proposal for partnership groups to be designated as participating sites in the complex patient pilot program and provide its recommendations to the secretary of health services.

SB70-AA3,215,14 2. No later than 150 days after the effective date of this subdivision, the advisory group shall review all applications submitted in response to the request for proposal and select up to 4 partnership groups to recommend to the secretary of health services for designation as participating sites for the complex patient pilot program under this subsection.

SB70-AA3,215,23 3. Between 6 months and 18 months after the effective date of this subdivision, the partnership groups designated by the department as participating sites in the complex patient pilot program shall implement the pilot program and meet quarterly with both the department and the advisory group or any independent organization hired by the department for the purpose of evaluating the pilot program to discuss experiences relating to the pilot program. From the appropriation under s. 20.435 (7) (d), the department shall provide payments to partnership groups designated as participating sites for care provided during the course of the pilot program under this subsection.

SB70-AA3,216,3 4. No later than June 30, 2025, the advisory group or any independent organization hired by the department for the purpose of evaluating the complex patient pilot program shall complete and submit to the secretary of health services an evaluation of the complex patient pilot program under this subsection, including a written report and recommendations.

SB70-AA3,9419 Section 9419. Effective dates; Health Services.

SB70-AA3,216,6 (1u) Complex patient pilot program. The repeal of s. 20.435 (7) (d) takes effect on July 1, 2025.”.

SB70-AA3,216,7 248. Page 374, line 11: after that line insert:

SB70-AA3,216,8 “ Section 273. 20.455 (1) (hn) of the statutes is created to read:

SB70-AA3,216,10 20.455 (1) (hn) Payments to relators. All moneys received by the department that are owed to a relator, to provide payments owed to a relator.

SB70-AA3,274 Section 274. 20.9315 of the statutes is created to read:

SB70-AA3,216,12 20.9315 False claims; actions by or on behalf of state. (1) In this section:

SB70-AA3,216,15 (a) 1. “Claim” means any request or demand, whether under a contract or otherwise, for money or property, whether the state has title to the money or property, that is any of the following:

SB70-AA3,216,16 a. Presented to an officer, employee, agent, or other representative of the state.

SB70-AA3,216,21 b. Made to a contractor, grantee, or other person if the money or property is to be spent or used on the state's behalf or to advance a state program or interest and if the state provides any portion of the money or property that is requested or demanded or will reimburse directly or indirectly the contractor, grantee, or other person for any portion of the money or property that is requested or demanded.

SB70-AA3,216,23 2. “Claim” includes a request or demand for services from a state agency or as part of a state program.

SB70-AA3,217,3 3. “Claim” does not include requests or demands for money or property that the state has paid to an individual as compensation for state employment or as an income subsidy with no restriction on that individual's use of the money or property.

SB70-AA3,217,7 (b) “Knowingly" means, with respect to information, having actual knowledge of the information, acting in deliberate ignorance of the truth or falsity of the information, or acting in reckless disregard of the truth or falsity of the information. “Knowingly" does not mean specifically intending to defraud.

SB70-AA3,217,9 (c) “Material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property or the receipt of services.

SB70-AA3,217,10 (d) “Medical assistance" has the meaning given under s. 49.43 (8).

SB70-AA3,217,11 (e) “Obligation” has the meaning given in 31 USC 3729 (b) (3).

SB70-AA3,217,12 (f) “Original source” has the meaning given in 31 USC 3730 (e) (4) (B).

SB70-AA3,217,15 (g) “Proceeds" includes damages, civil penalties, surcharges, payments for costs of compliance, and any other economic benefit realized by this state as a result of an action or settlement of a claim.

SB70-AA3,217,20 (2) Except as provided in sub. (3), any person who does any of the following is liable to this state for 3 times the amount of the damages that were sustained by the state or would have been sustained by the state,whichever is greater, because of the actions of the person and shall forfeit, for each violation, an amount within the range specified under 31 USC 3729 (a):