This bill clarifies that the general purpose revenue that funds interpreter services for hearing-impaired persons is expended for aids and local assistance, rather than for state operations.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (7) (d) of the statutes is amended to read:
20.435 (7) (d) Telecommunication Interpreter services and telecommunication aid for the hearing impaired. The amounts in the schedule for the purpose of providing to provide interpreter services for hearing-impaired persons under s. 46.295 (1) and assistance under the telecommunication assistance program for the hearing impaired under s. 46.297.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 46.295 (1) of the statutes is amended to read:
46.295 (1) The department may, on the request of any hearing-impaired person, city, village, town, or county or private agency, provide funds from the appropriation under s. 20.435 (6) (a) and (hs) and (7) (d) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.
(End)
LRB-0203LRB-0203/3
DAK:jld:jf
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0042 Surcharge on forfeitures for nursing homes and c-brfs
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: increasing the forfeiture amount for community-based residential facility violations, imposing forfeiture surcharges for nursing home violations, and making an appropriation.
Analysis by the Legislative Reference Bureau
health and human services
Health
Under current law, DHFS inspects, licenses, and otherwise regulates nursing homes and community-based residential facilities. Revenues from licensing fees for these health care facilities are, in part, used for the costs of the inspections and licensing. DHFS imposes and directly assesses forfeitures on community-based residential facilities, ranging from $10 to $1,000 for each violation of regulatory statutes or rules. DHFS also imposes and directly assesses forfeitures on nursing homes. Violations by nursing homes of regulatory statutes or rules are classified according to the gravity of threat that the violation poses to the health, safety, or welfare of a nursing home resident; a class "A" violation may be subject to a forfeiture of up to $10,000, a class "B" violation may be subject to a forfeiture of up to $5,000, and a class "C" violation may be subject to a forfeiture of up to $500.
This bill increases from $1,000 to $10,000 the maximum amount of a forfeiture that DHFS may impose on a violating community-based residential facility. The bill requires DHFS to impose on a violating nursing home a forfeiture surcharge of 6% of each forfeiture amount. The forfeiture surcharge is directly assessed by DHFS and is required to be credited to the appropriation of program revenue that funds the costs of inspections and licensing of health care facilities.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 50.03 (5g) (c) 1. (intro.) of the statutes is amended to read:
50.03 (5g) (c) 1. (intro.) A daily forfeiture amount per violation of not less than $10 nor more than $1,000 $10,000 for each violation, with each day of violation constituting a separate offense. All of the following apply to a forfeiture under this subdivision:
SECTION 2. 50.04 (5) (bm) of the statutes is created to read:
50.04 (5) (bm) Forfeiture surcharge. Whenever the department imposes a forfeiture under par. (a) for a violation of this subchapter or a rule promulgated under this subchapter, the department shall in addition levy a forfeiture surcharge in an amount of 6% of the forfeiture imposed. If multiple violations are involved, the forfeiture surcharge under this paragraph shall be based on the total forfeitures for all violations.
SECTION 3. 50.04 (5) (c) of the statutes is amended to read:
50.04 (5) (c) Assessment of forfeitures; powers and duties of department and forfeiture surcharges. The department may directly assess forfeitures provided for under par. (a) and forfeiture surcharges provided for under par. (bm). If the department determines that a forfeiture and forfeiture surcharge should be assessed for a particular violation or for failure to correct it, it shall send a notice of assessment to the nursing home. The notice shall specify the amount of the forfeiture and forfeiture surcharge assessed, the violation, the statute or rule alleged to have been violated, and shall inform the licensee of the right to hearing under par. (e).
SECTION 4. 50.04 (5) (f) of the statutes is amended to read:
50.04 (5) (f) Forfeitures and forfeiture surcharges paid within 10 days. All forfeitures and forfeiture surcharges shall be paid to the department within 10 days of receipt of notice of assessment or, if the forfeiture is contested under par. (e), within 10 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund and shall credit all forfeiture surcharges to the appropriation account under s. 20.435 (6) (jm).
(End)
LRB-0205LRB-0205/1
GMM:jld:jf
2003 - 2004 LEGISLATURE
DOA:......Blaine - BB0044 Family support program fund carry-over
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Under current law, DHFS distributes general purpose revenues and federal revenues, as community aids, to counties to provide social, mental health, developmental disabilities, and alcohol and other drug abuse services. DHFS must distribute community aids in the form of a basic county allocation, together with certain categorical allocations, including an allocation for family support programs for the families of children with disabilities (family support programs). Community aids funds allocated to a county that are not spent or encumbered by the county by December 31 of each year lapse to the general fund, except that DHFS, at the request of the county must carry forward to the next calendar year up to 3% of the total amount of community aids allocated to the county for a calendar year. Subject to certain exceptions, community aids funds carried forward for a county may be used for any purpose for which community aids funds may be used, except that a county may not use any carried-forward community aids funds for administrative or staff costs. Current law also permits DHFS to carry forward 10% of any community aids funds that are not spent or encumbered by counties by December 31 of each calendar year and that are not otherwise carried forward for emergencies, for services costs above planned levels, and for increased costs due to population shifts.
This bill exempts community aids funds allocated for family support programs from the 3% carry-forward limit under current law and instead requires DHFS, at the request of a county, to carry forward to the next calendar year up to 5% of the community aids funds allocated to the county for family support programs for a calendar year. Those carried-forward funds must be used for the purpose of providing family support programs, except that a county may not use those funds for administrative or staff costs. Those carried-forward funds that are not spent or encumbered by a county by December 31 of the year to which the funds were carried forward lapse to the general fund. The bill also exempts community aids funds allocated for family support programs from the 10% carry-forward limit under current law and instead permits DHFS to carry forward those funds that are not spent or encumbered by counties by December 31 of each calendar year and that are not otherwise carried forward for emergencies, for services costs above planned levels, and for increased costs due to population shifts.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.45 (3) (a) of the statutes is amended to read:
46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal governing body, or private nonprofit organization, the department shall carry forward up to 3% of the total amount allocated to the county, tribal governing body, or nonprofit organization for a calendar year, not including the amount allocated to the county under s. 46.40 (7), which amount may be carried forward as provided in par. (c). All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under 42 USC 620 to 626, and all funds allocated under s. 46.40 (2m) carried forward for a county shall be used for the purpose for which the funds were originally allocated. Except as provided under par. (am), other Other funds carried forward under this paragraph may be used for any purpose under s. 20.435 (7) (b), except that a county may not use any funds carried forward under this paragraph for administrative or staff costs. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and (9).
SECTION 2. 46.45 (3) (am) of the statutes is repealed.
SECTION 3. 46.45 (3) (c) of the statutes is created to read:
46.45 (3) (c) At the request of a county, the department shall carry forward up to 5% of the amount allocated to the county under s. 46.40 (7) for a calendar year. All funds carried forward under this paragraph shall be used for the purpose for which the funds were originally allocated, except that a county may not use any of those funds for administrative or staff costs. All funds carried forward under this paragraph that are not spent or encumbered by a county December 31 of the calendar year to which those funds were carried forward shall lapse to the general fund on the succeeding January 1. An allocation of carried-forward funding under this paragraph does not affect a county's base allocation under s. 46.40 (7).
SECTION 4. 46.45 (6) of the statutes is renumbered 46.45 (6) (a) and amended to read:
46.45 (6) (a) The department may carry forward 10% of any funds specified in sub. (3) (a) that are not carried forward under sub. (3) (a) for emergencies, for justifiable unit services costs above planned levels, and to provide compensation for increased costs due to population shifts. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and (9).
SECTION 5. 46.45 (6) (b) of the statutes is created to read:
46.45 (6) (b) The department may carry forward any funds specified in sub. (3) (c) that are not carried forward under sub. (3) (c) for emergencies, for justifiable unit services costs above planned levels, and for increased costs due to population shifts. An allocation of carried-forward funding under this paragraph does not affect a county's base allocation under s. 46.40 (7).
(End)
LRB-0206LRB-0206/1
DAK:kmg:rs
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0045 CIP 1A reduction rate
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the rate of reduction to state centers for the developmentally disabled for care of residents relocated into the community.
Analysis by the Legislative Reference Bureau
health and human services
Medical Assistance
Currently, under a waiver of federal Medical Assistance laws, DHFS relocates Medical Assistance recipients who reside in state centers for the developmentally disabled into their communities by providing to them home and community-based services as part of Medical Assistance. For each such relocation, program revenue reimbursement for the state center for the developmentally disabled in which the person formerly resided is reduced by $225 per day.
This bill increases to $325 per day, beginning on July 1, 2004, the reduction of program revenue reimbursement for a state center for the developmentally disabled following the relocation of a state center resident to the community.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.45 (6b) of the statutes is amended to read:
49.45 (6b) CENTERS FOR THE DEVELOPMENTALLY DISABLED. From the appropriation under s. 20.435 (2) (gk), the department may reimburse the cost of services provided by the centers for the developmentally disabled. Reimbursement to the centers for the developmentally disabled shall be reduced following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, by $200 per day, beginning in fiscal year 2001-02, and by $225 per day, beginning in fiscal year 2002-03, and by $325 per day, beginning in fiscal year 2004-05.
(End)
LRB-0207LRB-0207/6
DAK&JK:kjf&jld:cph
2003 - 2004 LEGISLATURE
DOA:......Blaine - BB0046 Nursing facilities occupied bed assessment changes
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: assessments on occupied, licensed beds of nursing facilities, providing an exemption from emergency rule procedures, and extending the time limit for emergency rule procedures.
Analysis by the Legislative Reference Bureau
health and human services
Health
Under current law, DHFS levies, enforces, and collects assessments on all occupied, licensed beds of nursing homes and intermediate care facilities for the mentally retarded (facilities) that are not state-owned or state-operated or federally owned or federally operated, except occupied, licensed beds for which payment is made under the federal Medicare program. The assessments are $32 per calendar month per bed of a nursing home and $100 per calendar month per bed of an intermediate care facility for the mentally retarded (facility). Each assessment is on the average number of occupied, licensed beds of a nursing home or facility for the calendar month before the month of assessment, based on an average daily midnight census that is computed and reported by the nursing home or facility and verified by DHFS. At the end of each month, each nursing home and facility must submit to DHFS the occupied, licensed bed count and the assessment amount due.
This bill expands the assessments on occupied, licensed beds of nursing homes and facilities to apply the assessments to all licensed beds, including beds occupied by residents whose costs are paid under the federal Medicare program, regardless of whether the nursing home or facility is privately owned or is owned or operated by the state or the federal government. Under the bill, the amount of the assessment per licensed bed of a nursing home is increased to up to $116 per calendar month and the amount of the assessment per licensed bed of a facility is increased to up to $435 per calendar month in fiscal year 2003-04 and to up to $445 per calendar month in fiscal year 2004-05. Of the amounts received from the assessment, $14,300,000 in fiscal year 2003-04, $13,800,000 in fiscal year 2004-05, and beginning July 1, 2005, 45% in each fiscal year must be deposited in the general fund, and the remainder must be deposited in the Medical Assistance trust fund. Under the bill, DHFS is authorized to promulgate as emergency rules a revision to existing rules that establish procedures and requirements for levying the assessment.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 25.77 (3) of the statutes is created to read:
25.77 (3) All moneys received under s. 50.14 (2) from assessments on licensed beds of facilities except $14,300,000 in fiscal year 2003-04 and $13,800,000 in fiscal year 2004-05 and, beginning July 1, 2005, 45% in each fiscal year.
SECTION 2. 50.14 (title) of the statutes is amended to read:
50.14 (title) Assessments on occupied, licensed beds.
SECTION 3. 50.14 (1) (a) of the statutes is amended to read:
50.14 (1) (a) Notwithstanding s. 50.01 (1m), "facility" means a nursing home or an intermediate care facility for the mentally retarded, which is not state-owned or state-operated, federally owned or federally operated or that is not located outside the state.
SECTION 4. 50.14 (2) of the statutes is renumbered 50.14 (2) (intro.) and amended to read:
50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all occupied, licensed beds of a facility, except occupied, licensed beds for which payment is made under 42 USC 1395 to 1395ccc, an assessment that shall be deposited in the general fund and that is $100 per calendar month per occupied, licensed bed of an intermediate care facility for the mentally retarded may not exceed $435 in fiscal year 2003-04 and may not exceed $445 in fiscal year 2004-05 and is $32 an assessment that may not exceed $116 per calendar month per occupied, licensed bed of a nursing home. The assessment shall be on the average number of occupied, licensed beds of a facility for the calendar month previous to the month of assessment, based on an average daily midnight census computed and reported by the facility and verified by the department. Charged bed-hold days for any resident of a facility shall be included as one full day in the average daily midnight census deposited in the general fund, except that in fiscal year 2003-04, amounts in excess of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and, beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money received from the assessment shall be deposited in the Medical Assistance trust fund. In determining the number of occupied, licensed beds, if all of the following apply:
(a) If the amount of the beds is other than a whole number, the fractional part of the amount shall be disregarded unless it equals 50% or more of a whole number, in which case the amount shall be increased to the next whole number.
SECTION 5. 50.14 (2) (b) of the statutes is created to read:
50.14 (2) (b) The number of licensed beds of a nursing home includes any number of beds that have been delicensed under s. 49.45 (6m) (ap) 1. but not deducted from the nursing home's licensed bed capacity under s. 49.45 (6m) (ap) 4. a.
