AB100: Bill Text

AB100, s. 2988 Section 2988. 146.40 (3m) of the statutes is amended to read:

AB100,1259,2 146.40 (3m) The department shall review competency evaluation programs for nurse's assistants, for home health aides and for hospice aides and , except as provided in sub. (4d), may approve those competency evaluation programs that satisfy standards for approval that are specified in rules of the department. The Under this subsection, the department may, after providing notice, suspend or revoke approval of a competency evaluation program or impose a plan of correction if the competency evaluation program fails to satisfy the standards or operates under conditions that are other than those contained in the application approved by the department.

AB100, s. 2989 Section 2989. 146.40 (4d) of the statutes is created to read:

AB100,1259,8 146.40 (4d) (a) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing a certification under sub. (3) or an approval under sub. (3m).

AB100,1259,11 (b) The department may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,1259,14 (c) The department shall deny an application for the issuance of a certification or approval specified in par. (a) if the applicant does not provide the information specified in par. (a). A denial under this paragraph is subject to review under ch. 227.

AB100,1259,18 (d) The department shall deny an application for the issuance of a certification or approval specified in par. (a) or shall revoke a certification or approval if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.

AB100, s. 2990 Section 2990. 146.40 (4m) of the statutes is amended to read:

AB100,1260,10 146.40 (4m) An instructional and competency evaluation program under sub. (3) for which the department has suspended or revoked certification or imposed a plan of correction or a competency evaluation program under sub. (3m) for which the department has suspended or revoked approval or imposed a plan of correction may contest the department's action by sending, within 10 days after receipt of notice of the contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent. This subsection does not apply to a revocation of certification under sub. (4d) (d).

AB100, s. 2991 Section 2991. 146.50 (5) (a) of the statutes is amended to read:

AB100,1260,16 146.50 (5) (a) The Except as provided in s. 146.51, the department shall license qualified applicants as ambulance service providers or emergency medical technicians. The department shall, from the information on the certification form specified under sub. (6) (c) 2., establish in each ambulance service provider's biennial license the primary service or contract area of the ambulance service provider.

AB100, s. 2992 Section 2992. 146.50 (5) (b) of the statutes is amended to read:

AB100,1260,20 146.50 (5) (b) The department shall promulgate rules establishing a system and qualifications for issuance of training permits, except as provided in s. 146.51, and specifying the period for which an individual may hold a training permit.

AB100, s. 2993 Section 2993. 146.50 (5) (g) of the statutes is amended to read:

AB100,1261,2 146.50 (5) (g) An Except as provided in s. 146.51, an emergency medical technician license shall be issued to the individual licensed, and the department may not impose a requirement that an individual be affiliated with an ambulance service provider in order to receive an emergency medical technician license or to have an emergency medical technician license renewed.

AB100, s. 2994 Section 2994. 146.50 (6) (a) (intro.) of the statutes is amended to read:

AB100,1261,5 146.50 (6) (a) (intro.) To Except as provided in s. 146.51, to be eligible for an initial license as an emergency medical technician, an individual shall:

AB100, s. 2995 Section 2995. 146.50 (6) (b) 1. of the statutes is amended to read:

AB100,1261,10 146.50 (6) (b) 1. To Except as provided in s. 146.51, to be eligible for a renewal of a license as an emergency medical technician, the licensee shall, in addition to meeting the requirements of par. (a) 1., complete the training, education or examination requirements specified in rules promulgated under subd. 2.

AB100, s. 2996 Section 2996. 146.50 (6) (c) (intro.) of the statutes is amended to read:

AB100,1261,21 146.50 (6) (c) (intro.) To Except as provided in s. 146.51, to be eligible for a license as an ambulance service provider, an individual shall be 18 years of age or older and have such additional qualifications as may be established in rules promulgated by the department, except that no ambulance service provider may be required to take training or an examination or receive education to qualify for licensure or for renewal of licensure. An ambulance service provider shall, as a condition of licensure, provide medical malpractice insurance sufficient to protect all emergency medical technicians who perform for compensation as employes of the ambulance service provider. For renewal of a biennial license as an ambulance service provider, an applicant shall also provide all of the following:

AB100, s. 2997 Section 2997. 146.50 (6g) (a) of the statutes is amended to read:

AB100,1261,25 146.50 (6g) (a) The Except as provided in s. 146.51, the department shall certify qualified applicants for the performance of defibrillation, under certification standards that the department shall promulgate as rules.

AB100, s. 2998 Section 2998. 146.50 (7) of the statutes is amended to read:

AB100,1262,8 146.50 (7) Licensing in other jurisdictions. The Except as provided in s. 146.51, the department may issue a license as an emergency medical technician, without examination, to any individual who holds a current license or certificate as an emergency medical technician from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to those in this state, and that the applicant is otherwise qualified.

AB100, s. 2999 Section 2999. 146.50 (8) (a) of the statutes is amended to read:

AB100,1262,11 146.50 (8) (a) The Except as provided in s. 146.51, the department shall certify qualified applicants as first responders—defibrillation.

AB100, s. 3000 Section 3000. 146.50 (8) (b) of the statutes is amended to read:

AB100,1262,15 146.50 (8) (b) To be eligible for initial certification as a first responder—defibrillation, except as provided in s. 146.51, an individual shall meet requirements specified in rules promulgated by the department.

AB100, s. 3001 Section 3001. 146.50 (8) (c) of the statutes is amended to read:

AB100,1262,20 146.50 (8) (c) To be eligible for a renewal of a certificate as a first responder—defibrillation, except as provided in s. 146.51, the holder of the certificate shall satisfactorily complete any requirements specified in rules promulgated by the department.

AB100, s. 3002 Section 3002. 146.50 (8) (f) of the statutes is amended to read:

AB100,1263,4 146.50 (8) (f) The Except as provided in s. 146.51, the department may issue a certificate as a first responder—defibrillation, without requiring satisfactory completion of any instruction or training that may be required under par. (b), to any individual who holds a current license or certificate as a first responder from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to the standards for issuance of certificates for first responders—defibrillation in this state, and that the applicant is otherwise qualified.

AB100, s. 3003 Section 3003. 146.51 of the statutes is created to read:

AB100,1263,10 146.51 Denial, nonrenewal and suspension of license, training permit or certification based on certain delinquency in payment. (1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing any of the following:

AB100,1263,11 (a) A license under s. 146.50 (5) (a).

AB100,1263,12 (b) A training permit under s. 146.50 (5) (b).

AB100,1263,13 (c) A certification under s. 146.50 (6g) (a) or (8) (a).

AB100,1263,16 (2) The department may not disclose any information received under sub. (1) to any person except to the department of industry, labor and job development for the purpose of making certifications required under s. 49.857.

AB100,1263,25 (3) The department shall deny an application for the issuance or renewal of a license, training permit or certification specified in sub. (1), shall suspend a license, training permit or certification specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), restrict a license, training permit or certification specified in sub. (1) if the department of industry, labor and job development certifies under s. 49.857 that the applicant for or holder of the license, training permit or certification is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100, s. 3004 Section 3004. 146.55 (4) (a) of the statutes is amended to read:

AB100,1264,9 146.55 (4) (a) From the appropriation under s. 20.435 (1) (5) (rm), the department shall annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel to an ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical base amount for each ambulance service provider plus a supplemental amount based on the population of the ambulance service provider's primary service or contract area, as established under s. 146.50 (5).

AB100, s. 3005 Section 3005. 146.55 (5) of the statutes is amended to read:

AB100,1264,18 146.55 (5) Emergency medical technician training and examination aid. From the appropriation under s. 20.435 (1) (5) (rm), the department shall annually distribute funds to entities, including technical college districts, whose courses or instructional programs are approved by the department under s. 146.50 (9), to assist the entities in providing the training required for licensure and renewal of licensure as an emergency medical technician—basic under s. 146.50 (6), and to fund each examination administered by the entity for licensure or renewal of licensure as an emergency medical technician—basic under s. 146.50 (6) (a) 3. and (b) 1.

AB100, s. 3006 Section 3006. 146.57 (3) (a) of the statutes is amended to read:

AB100,1265,2 146.57 (3) (a) The department shall implement a statewide poison control program. From the appropriation under s. 20.435 (1) (5) (ds), the department shall, if the requirement under par. (b) is met, distribute total funding of not more than $187,500 in each fiscal year to supplement the operation of the program and to provide for the statewide collection and reporting of poison control data. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.

AB100, s. 3007 Section 3007. 146.58 (8) of the statutes is amended to read:

AB100,1265,5 146.58 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (1) (5) (rm).

AB100, s. 3008 Section 3008. 146.70 (1) (f) of the statutes is amended to read:

AB100,1265,10 146.70 (1) (f) "Public agency" means any municipality local governmental unit, as defined in s. 345.05 (1) (c) (bg), or any state agency which provides or is authorized by statute to provide fire fighting, law enforcement, ambulance, medical or other emergency services.

AB100, s. 3009 Section 3009. 146.81 (1) (hm) of the statutes is amended to read:

AB100,1265,14 146.81 (1) (hm) A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of education public instruction.

AB100, s. 3010 Section 3010. 146.82 (2) (a) 9. e. of the statutes is amended to read:

AB100,1266,12 146.82 (2) (a) 9. e. The restrictions on information that is obtainable by staff members of the protection and advocacy agency or private, nonprofit corporation that are specified in subd. 9. c. and d. do not apply if the custodian of the record fails to promptly provide the name and address of the parent or guardian; if a complaint is received by the agency or nonprofit corporation about a patient, or if the agency or nonprofit corporation determines that there is probable cause to believe that the health or safety of the patient is in serious and immediate jeopardy, the agency or nonprofit corporation has made a good-faith effort to contact the parent or guardian upon receiving the name and address of the parent or guardian, the agency or nonprofit corporation has either been unable to contact the parent or guardian or has offered assistance to the parent or guardian to resolve the situation and the parent or guardian has failed or refused to act on behalf of the patient; or if a complaint is received by the agency or nonprofit corporation about a patient or there is otherwise probable cause to believe that the patient has been subject to abuse or neglect by a parent or guardian; or if the patient is a minor whose custody has been transferred to a legal custodian, as defined in s. 48.02 (11) or for whom, the patient is unable by reason of his or her mental or physical condition to authorize the agency or nonprofit corporation to have access and the patient, if an adult, does not have a guardian appointed under s. 880.33 or, if a minor, has had appointed a guardian that is an agency of the state or a county has been appointed or does not have a parent, a guardian appointed under s. 48.831, a legal custodian, as defined in s. 48.02 (11), or a guardian appointed under s. 880.33.

AB100, s. 3011 Section 3011. 146.93 (1) (a) of the statutes is amended to read:

AB100,1266,17 146.93 (1) (a) From the appropriation under s. 20.435 (1) (5) (gp), the department shall maintain a program for the provision of primary health care services based on the primary health care program in existence on June 30, 1987. The department may promulgate rules necessary to implement the program.

AB100, s. 3012 Section 3012. 146.99 of the statutes is amended to read:

AB100,1267,2 146.99 Assessments. The department shall, within 90 days after the commencement of each fiscal year, estimate the total amount of expenditures and the department shall assess the estimated total amount under s. 20.435 (1) (5) (gp) to hospitals, as defined in s. 50.33 (2), in proportion to each hospital's respective gross private-pay patient revenues during the hospital's most recently concluded entire fiscal year. Each hospital shall pay its assessment on or before December 1 for the fiscal year. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (5) (gp).

AB100, s. 3013 Section 3013. Chapter 149 (title) of the statutes is created to read:

AB100,1267,4 Chapter 149

AB100,1267,6 Mandatory health insurance risk-sharing plan

AB100, s. 3014 Section 3014. 149.10 (2c) of the statutes is created to read:

AB100,1267,8 149.10 (2c) "Commissioner" means the commissioner of insurance.

AB100, s. 3015 Section 3015. 149.10 (2m) of the statutes is created to read:

AB100,1267,11 149.10 (2m) "Department" means the department of health and family services.

AB100, s. 3016 Section 3016. 149.10 (4c) of the statutes is created to read:

AB100,1267,14 149.10 (4c) "Health maintenance organization" has the meaning given in s. 609.01 (2).

AB100, s. 3017 Section 3017. 149.10 (4p) of the statutes is created to read:

AB100,1267,16 149.10 (4p) (a) "Insurance" includes any of the following:

AB100,1267,19 1. Risk distributing arrangements providing for compensation of damages or loss through the provision of services or benefits in kind rather than indemnity in money.

AB100,1267,21 2. Contracts of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction.

AB100,1267,22 3. Plans established and operated under ss. 185.981 to 185.985.

AB100,1267,24 (b) "Insurance" does not include a continuing care contract, as defined in s. 647.01 (2).

AB100, s. 3018 Section 3018. 149.10 (5m) of the statutes is created to read:

AB100,1268,2 149.10 (5m) "Limited service health organization" has the meaning given in s. 609.01 (3).

AB100, s. 3019 Section 3019. 149.10 (8b) of the statutes is created to read:

AB100,1268,5 149.10 (8b) "Plan administrator" means the fiscal agent specified under s. 149.16.

AB100, s. 3020 Section 3020. 149.10 (8c) of the statutes is created to read:

AB100,1268,9 149.10 (8c) "Policy" means any document other than a group certificate used to prescribe in writing the terms of an insurance contract, including endorsements and riders and service contracts issued by motor clubs.

AB100, s. 3021 Section 3021. 149.10 (8m) of the statutes is created to read:

AB100,1268,11 149.10 (8m) "Preferred provider plan" has the meaning given in s. 609.01 (4).

AB100, s. 3022 Section 3022. 149.10 (8p) of the statutes is created to read:

AB100,1268,15 149.10 (8p) "Premium" means any consideration for an insurance policy, and includes assessments, membership fees or other required contributions or consideration, however designated.

AB100, s. 3023 Section 3023. 149.10 (10) of the statutes is created to read:

AB100,1268,17 149.10 (10) "Secretary" means the secretary of health and family services.

AB100, s. 3024 Section 3024. 149.10 (11) of the statutes is created to read:

AB100,1268,20 149.10 (11) "State" means the same as in s. 990.01 (40) except that it also includes the Panama Canal Zone.

AB100, s. 3025 Section 3025. 149.12 (1c) of the statutes is created to read:

AB100,1268,24 149.12 (1c) For purposes of s. 149.135, the department shall notify the commissioner whenever a person is certified as eligible and obtains coverage under the plan as a result of receiving a notice under sub. (1) (am), (b) or (c).