AB100-engrossed,1548,1712
145.19
(6) Groundwater fee. In addition to the fee under sub. (2), the
13governmental unit responsible for the regulation of private sewage systems shall
14collect a groundwater fee of $25 for each sanitary permit. The governmental unit
15shall forward this fee to the department together with the copy of the sanitary permit
16and the fee under sub. (3). The moneys collected under this subsection shall be
17credited to the environmental fund for
groundwater
environmental management.
AB100-engrossed,1548,2219
146.0255
(3) (b) A statement of explanation that the test results must be
20disclosed to a county department under s.
46.215, 46.22 or 46.23
or, in a county
21having a population of 500,000 or more, to the county department under s. 51.42 or
2251.437 in accordance with s. 46.238 if the test results are positive.
AB100-engrossed,1549,8
1146.19
(2) Cooperative American Indian health project grants. (intro.) From
2the appropriation under s. 20.435
(1) (5) (ek), the department shall award grants for
3cooperative American Indian health projects in order to promote cooperation among
4tribes, tribal agencies, inter-tribal organizations and other agencies and
5organizations in addressing specific problem areas in the field of American Indian
6health. A tribe, tribal agency or inter-tribal organization may apply, in the manner
7specified by the department, for a grant of up to $10,000 to conduct a cooperative
8American Indian health project, which meets all of the following requirements:
AB100-engrossed,1549,12
11146.40 (title)
Instructional programs for nurse's assistants and home
12health and hospice aides; reporting client abuse.
AB100-engrossed,1549,1515
146.40
(1) (ad) "Client" means a person who receives services from an entity.
AB100-engrossed,1549,1717
146.40
(1) (ag) "Credential" has the meaning given in s. 440.01 (2) (a).
AB100-engrossed,1549,1919
146.40
(1) (as) "Entity" has the meaning given in s. 50.065 (1) (c).
AB100-engrossed,1549,2321
146.40
(4g) (a) 2. (intro.) A listing of all individuals about whom the
22department is notified under sub. (4r) (a)
or (am), for whom the department makes
23findings under sub. (4r) (b) and to whom any of the following applies:
AB100-engrossed,1550,2
1146.40
(4g) (a) 2. b. A hearing officer finds reasonable cause to believe that the
2individual performed an action alleged under sub. (4r) (a)
or (am).
AB100-engrossed,1550,64
146.40
(4g) (a) 3. Findings of the department under sub. (4r) (b) or of the
5hearing officer under sub. (4r) (d) concerning the
neglect, abuse or misappropriation
6of property
or the neglect or abuse of a client by an individual listed under subd. 2.
AB100-engrossed,1550,128
146.40
(4r) (a) Any individual may report to the department that he or she
9believes that
a nurse's assistant any person employed by or under contract with an
10entity has neglected
, or abused
a client or misappropriated the
client's property
of
11a nursing home resident or a hospital patient or that a home health aide has
12neglected, abused or misappropriated the property of a home health agency patient.
AB100-engrossed,1550,1714
146.40
(4r) (am) 1. Except as provided in subd. 2., an entity shall report to the
15department any allegation of misappropriation of property or of neglect or abuse of
16a client by any person employed by or under contract with the entity if the person is
17under the control of the entity.
AB100-engrossed,1550,2218
2. An entity shall report to the department of regulation and licensing any
19allegation of misappropriation of property or of neglect or abuse of a client by any
20person employed by or under contract with the entity if that person holds a credential
21that is related to the person's employment at, or contract with, the entity if the person
22is under the control of the entity.
AB100-engrossed,1550,2523
3. An entity that intentionally fails to report an allegation of misappropriation
24of property or of neglect or abuse of a client may be required to forfeit not more than
25$1,000 and may be subject to other sanctions specified by the department by rule.
AB100-engrossed,1551,182
146.40
(4r) (b)
The Except as provided in pars. (em) and (er), the department
3shall review and investigate any report received under par. (a)
or (am) and, if the
4allegation is substantiated, make specific, documented findings concerning the
5neglect, abuse or misappropriation of property
or the neglect or abuse. The
6department shall in writing by certified mail notify the
nurse's assistant or home
7health aide person specified in the report that
his or her the person's name and the
8department's findings about
him or her the person shall be listed in the registry
9under sub. (4g) (a) 2. and 3. unless
he or she the person contests the listings in a
10hearing before the
department division of hearings and appeals created under s.
1115.103 (1). The written notification shall describe the investigation conducted by the
12department, enumerate the findings alleging
neglect, abuse or misappropriation of
13property
or neglect or abuse of a
nursing home resident or home health agency
14patient client and explain the consequence to the
nurse's assistant or home health
15aide person specified in the report of waiving a hearing to contest the findings. The
16nurse's assistant or home health aide named person specified in the report shall have
1730 days after receipt of the notification to indicate to the department in writing
18whether he or she intends to contest the listing or to waive the hearing.
AB100-engrossed,1552,1020
146.40
(4r) (d) If the
nurse's assistant or home health aide person specified in
21the report received under par.
(b) (a) or (am) timely notifies the
department division
22of hearings and appeals created under s. 15.103 (1) that he or she contests the listings
23in the registry under par. (b), the
department division of hearings and appeals shall
24hold a hearing under the requirements of ch. 227. If after presentation of evidence
25a hearing officer finds that there is no reasonable cause to believe that the
nurse's
1assistant or home health aide person specified in the report received under par. (a)
2or (am) performed an action alleged under par. (a)
or (am), the hearing officer shall
3dismiss the proceeding. If after presentation of evidence a hearing officer finds that
4there is reasonable cause to believe that the
nurse's assistant or home health aide 5person specified in the report received under par. (a) or (am) performed an action
6alleged under par. (a)
or (am), the hearing officer shall so find and shall cause the
7name of the
nurse's assistant or home health aide
person specified in the report
8received under par. (a) or (am) to be entered under sub. (4g) (a) 2. and the hearing
9officer's findings about the
nurse's assistant or home health aide person specified in
10the report received under par. (a) or (am) to be entered under sub. (4g) (a) 3.
AB100-engrossed,1552,1612
146.40
(4r) (em) If the department of health and family services receives a
13report under par. (a) or (am) and determines that a person who is the subject of the
14report holds a credential that is related to the person's employment at, or contract
15with, the entity, the department of health and family services shall refer the report
16to the department of regulation and licensing.
AB100-engrossed,1552,1817
(er) The department may contract with private field investigators to conduct
18investigations of reports received by the department under par. (a) or (am).
AB100-engrossed,1553,220
146.55
(4) (a) From the appropriation under s. 20.435
(1) (rm) (5) (ch), the
21department shall annually distribute funds for ambulance service vehicles or vehicle
22equipment, emergency medical services supplies or equipment or emergency
23medical training for personnel to an ambulance service provider that is a public
24agency, a volunteer fire department or a nonprofit corporation, under a funding
25formula consisting of an identical base amount for each ambulance service provider
1plus a supplemental amount based on the population of the ambulance service
2provider's primary service or contract area, as established under s. 146.50 (5).
AB100-engrossed,1553,114
146.55
(5) Emergency medical technician training and examination aid. From
5the appropriation under s. 20.435
(1) (rm) (5) (ch), the department shall annually
6distribute funds to entities, including technical college districts, whose courses or
7instructional programs are approved by the department under s. 146.50 (9), to assist
8the entities in providing the training required for licensure and renewal of licensure
9as an emergency medical technician—basic under s. 146.50 (6), and to fund each
10examination administered by the entity for licensure or renewal of licensure as an
11emergency medical technician—basic under s. 146.50 (6) (a) 3. and (b) 1.
AB100-engrossed,1553,1913
146.57
(3) (a) The department shall implement a statewide poison control
14program. From the appropriation under s. 20.435
(1)
(5) (ds), the department shall,
15if the requirement under par. (b) is met, distribute total funding of not more than
16$187,500 $375,000 in each fiscal year to supplement the operation of the program
17and to provide for the statewide collection and reporting of poison control data. The
18department may, but need not, distribute all of the funds in each fiscal year to a single
19poison control center.
AB100-engrossed,1553,2221
146.58
(8) Review the annual budget prepared by the department for the
22expenditures under s. 20.435
(1) (rm) (5) (ch).
AB100-engrossed,1554,3
1146.81
(1) (hm) A speech-language pathologist or audiologist licensed under
2subch. II of ch. 459 or a speech and language pathologist licensed by the department
3of
education public instruction.
AB100-engrossed, s. 3009m
4Section 3009m. 146.89 (2) (a) 1. of the statutes is renumbered 146.89 (2) (a)
5and amended to read:
AB100-engrossed,1554,106
146.89
(2) (a) A volunteer health care provider may participate under this
7section only if he or she submits a joint application with a nonprofit agency
in a
8county that is specified under sub. (3) (a) 1. to the department of administration and
9that department approves the application. The department of administration shall
10provide application forms for use under this
subdivision paragraph.
AB100-engrossed, s. 3009qs
13Section 3009qs. 146.89 (3) (a) 2. of the statutes is renumbered 146.89 (3) (a)
14and amended to read:
AB100-engrossed,1554,1815
146.89
(3) (a) The volunteer health care provider shall provide services under
16par. (b) without charge
in any county, other than those counties specified in subd. 1., 17at the nonprofit agency, if the
joint application of the volunteer health care provider
18and the nonprofit agency
in that county has received approval under sub. (2) (a)
2.
AB100-engrossed,1554,20
20146.92 Primary health care grant program. (1) In this section:
AB100-engrossed,1554,2421
(a) "Community-based nonprofit corporation" means a nonprofit corporation
22that is governed by a community-based board of directors and that is organized
23primarily to provide primary health care services in a geographic area, or to a
24population, that the department designates as medically underserved.
AB100-engrossed,1555,2
1(b) "Nonprofit corporation" means a nonstock, nonprofit corporation organized
2under ch. 181.
AB100-engrossed,1555,5
3(2) Prior to implementing the grant program under this section, the
4department shall consult with representatives of statewide organizations that
5represent primary health care providers.
AB100-engrossed,1555,8
6(3) From the appropriation under s. 20.435 (5) (gp), the department shall
7award $1,500,000 in grants in each fiscal year to community-based nonprofit
8corporations under a competitive process established by the department.
AB100-engrossed,1555,10
9(4) A community-based nonprofit corporation that receives a grant under this
10section shall do all of the following:
AB100-engrossed,1555,1211
(a) Provide comprehensive primary health care services to any person
12regardless of insurance status or ability to pay.
AB100-engrossed,1555,1313
(b) Establish a sliding fee scale for uninsured, low-income persons.
AB100-engrossed,1555,15
15146.93 (title)
Primary Supplemental primary health care program.
AB100-engrossed,1555,2017
146.93
(1) (a) From the appropriation under s. 20.435
(1) (gp) (5) (kp), the
18department shall maintain a program for the provision of primary health care
19services based on the primary health care program in existence on June 30, 1987.
20The department may promulgate rules necessary to implement the program.
AB100-engrossed,1555,2422
146.93
(4) (d) The individual received health care services under this section
23on the effective date of this paragraph .... [revisor inserts date], and cannot be served
24by an entity that receives a grant under s. 146.92.
AB100-engrossed,1556,8
1146.99 Assessments. The department shall, within 90 days after the
2commencement of each fiscal year, estimate the total amount of expenditures and the
3department shall assess the estimated total amount under s. 20.435
(1) (5) (gp) to
4hospitals, as defined in s. 50.33 (2), in proportion to each hospital's respective gross
5private-pay patient revenues during the hospital's most recently concluded entire
6fiscal year. Each hospital shall pay its assessment on or before December 1 for the
7fiscal year. All payments of assessments shall be deposited in the appropriation
8under s. 20.435
(1) (5) (gp).
AB100-engrossed,1556,1211
Mandatory health insurance
12
risk-sharing plan
AB100-engrossed,1556,1414
149.10
(2f) "Commissioner" means the commissioner of insurance.
AB100-engrossed,1556,1716
149.10
(2m) "Department" means the department of health and family
17services.
AB100-engrossed,1556,2019
149.10
(4c) "Health maintenance organization" has the meaning given in s.
20609.01 (2).
AB100-engrossed,1556,2222
149.10
(4p) (a) "Insurance" includes any of the following:
AB100-engrossed,1556,2523
1. Risk distributing arrangements providing for compensation of damages or
24loss through the provision of services or benefits in kind rather than indemnity in
25money.
AB100-engrossed,1557,2
12. Contracts of guaranty or suretyship entered into by the guarantor or surety
2as a business and not as merely incidental to a business transaction.
AB100-engrossed,1557,33
3. Plans established and operated under ss. 185.981 to 185.985.
AB100-engrossed,1557,54
(b) "Insurance" does not include a continuing care contract, as defined in s.
5647.01 (2).
AB100-engrossed,1557,87
149.10
(5m) "Limited service health organization" has the meaning given in
8s. 609.01 (3).
AB100-engrossed,1557,1110
149.10
(8b) "Plan administrator" means the fiscal agent specified in s. 149.16
11(1).
