LRB-4299/2
RPN:cjs:jf
1999 - 2000 LEGISLATURE
March 7, 2000 - Introduced by
Joint committee for review of Administrative
Rules. Referred to Joint committee for review of Administrative Rules.
AB824,1,3
1An Act to create 227.45 (8) of the statutes;
relating to: the right to discovery
2in class 3 administrative proceedings regarding recoupment of medical
3assistance payments.
Analysis by the Legislative Reference Bureau
Under current law, in any class 1 or class 3 administrative proceeding, an
agency may by rule permit the taking and preservation of evidence. In those
proceedings the taking and preservation of evidence shall be permitted with respect
to a witness who is beyond the reach of a subpoena of the agency, is about to leave
the state or is so sick or aged as to make it probable that the witness will be unable
to attend the hearing. Currently, the department of health and family services has
promulgated an emergency rule regarding the taking and preserving of evidence in
class 3 administrative proceedings involving recoupment of overpayments from
medical assistance providers.
This bill allows the parties in class 3 administrative proceedings involving
recoupment of overpayments from medical assistance providers to take and preserve
evidence for the administrative proceeding. The bill allows the hearing examiner,
for good cause, to make any order which justice requires to protect a party or person
from annoyance, embarrassment, oppression or undue burden or expense during
discovery.
This bill is introduced as required by section 227.19 (5) (e), stats., in support of
the suspension by the joint committee for review of administrative rules on January
20, 2000, of HFS 106.12 (9) and 108.02 (9) (f), the emergency rules promulgated by
the department of health and family services that prohibit the parties in class 3
administrative proceedings involving recoupment of overpayments from medical
assistance providers from taking and preserving evidence for the administrative
proceeding.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB824, s. 1
1Section
1. 227.45 (8) of the statutes is created to read:
AB824,2,92
227.45
(8) In a class 3 proceeding in which the department of health and family
3services is attempting under s. 49.45 (2) (a) 10. to recover money improperly or
4erroneously paid or overpayments made to a provider, each party shall have the
5right, before the date set for hearing, to take and preserve evidence as provided in
6ch. 804. Upon motion by a party or by the person from whom discovery is sought in
7the proceeding, and for good cause shown, the hearing examiner may make any order
8in accordance with s. 804.01 which justice requires to protect a party or person from
9annoyance, embarrassment, oppression or undue burden or expense.
AB824,2,1211
(1) This act first applies to administrative proceedings begun on the effective
12date of this subsection.
