JR2 AB1: Bill Text

AB1, s. 102 Section 102. 48.355 (2d) (b) 3. of the statutes is amended to read:

AB1,61,8 48.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

AB1, s. 103 Section 103. 48.415 (9m) (b) 2. of the statutes is amended to read:

AB1,61,15 48.415 (9m) (b) 2. The commission of a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.

AB1, s. 104 Section 104. 48.417 (1) (d) of the statutes is amended to read:

AB1,61,24 48.417 (1) (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

AB1, s. 105 Section 105. 48.561 (3) (a) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 48.561 (3) (intro.) and amended to read:

AB1,62,6 48.561 (3) (intro.) A county having a population of 500,000 or more shall contribute $58,893,500 $38,792,200 in each state fiscal year for the provision of child welfare services in that county by the department. That contribution shall be made as follows:

AB1, s. 106 Section 106. 48.561 (3) (a) 1. of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 48.561 (3) (a).

AB1, s. 107 Section 107. 48.561 (3) (a) 2. of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 48.561 (3) (bm).

AB1, s. 108 Section 108. 48.561 (3) (a) 3. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1, s. 109 Section 109. 48.561 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB1, s. 110 Section 110. 48.57 (3p) (g) 2. of the statutes is amended to read:

AB1,62,20 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

AB1, s. 111 Section 111. 48.685 (1) (c) of the statutes is amended to read:

AB1,63,6 48.685 (1) (c) "Serious crime" means a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 940.19 (3), 1999 stats., or a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 if committed in this state.

AB1, s. 112 Section 112. 48.685 (5) (bm) 2. of the statutes is amended to read:

AB1,63,9 48.685 (5) (bm) 2. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

AB1, s. 113 Section 113. 48.685 (5) (bm) 3. of the statutes is amended to read:

AB1,63,13 48.685 (5) (bm) 3. A violation of s. 943.23 (1m) or (1r), 1999 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).

AB1, s. 114 Section 114. 48.685 (5) (bm) 4. of the statutes is amended to read:

AB1,63,18 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB1, s. 115 Section 115. 49.141 (7) (a) of the statutes is amended to read:

AB1,63,23 49.141 (7) (a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 116 Section 116. 49.141 (7) (b) of the statutes is amended to read:

AB1,64,3 49.141 (7) (b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1, s. 117 Section 117. 49.141 (9) (a) of the statutes is amended to read:

AB1,64,13 49.141 (9) (a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1, s. 118 Section 118. 49.141 (9) (b) of the statutes is amended to read:

AB1,64,23 49.141 (9) (b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1, s. 119 Section 119. 49.141 (10) (b) of the statutes is amended to read:

AB1,65,4 49.141 (10) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1, s. 120 Section 120. 49.195 (3n) (k) of the statutes is amended to read:

AB1,65,11 49.195 (3n) (k) Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this subsection with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class H felony and shall be liable to the state for assessed the costs of prosecution.

AB1, s. 121 Section 121. 49.195 (3n) (r) of the statutes is amended to read:

AB1,65,18 49.195 (3n) (r) No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this subsection. Any person who violates this paragraph may be fined not more than $1,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.

AB1, s. 122 Section 122. 49.45 (49) of the statutes is created to read:

AB1,65,25 49.45 (49) Prescription drug prior authorization. The secretary shall exercise his or her authority under s. 15.04 (1) (c) to create a prescription drug prior authorization committee to advise the department on issues related to prior authorization decisions made concerning presciption drugs on behalf of medical assistance recipients. The secretary shall appoint as members at least all of the following:

AB1,66,1 (a) Two physicians, as defined in s. 448.01 (5), who are currently in practice.

AB1,66,2 (b) Two pharmacists, as defined in s. 450.01 (15).

AB1,66,3 (c) One advocate for recipients of medical assistance.

AB1,66,4 (d) One representative of the pharmaceutical manufacturing industry.

AB1, s. 123 Section 123. 49.49 (1) (b) 1. of the statutes is amended to read:

AB1,66,12 49.49 (1) (b) 1. In the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing by that person of items or services for which medical assistance is or may be made, a person convicted of violating this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1, s. 124 Section 124. 49.49 (2) (a) of the statutes is amended to read:

AB1,66,24 49.49 (2) (a) Solicitation or receipt of remuneration. Any person who solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1, s. 125 Section 125. 49.49 (2) (b) of the statutes is amended to read:

AB1,67,11 49.49 (2) (b) Offer or payment of remuneration. Whoever offers or pays any remuneration including any kickback, bribe, or rebate directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1, s. 126 Section 126. 49.49 (3) of the statutes is amended to read:

AB1,67,22 49.49 (3) Fraudulent certification of facilities. No person may knowingly and wilfully make or cause to be made, or induce or seek to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify either upon initial certification or upon recertification as a hospital, skilled nursing facility, intermediate care facility, or home health agency. Violators of A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1, s. 127 Section 127. 49.49 (3m) (b) of the statutes is amended to read:

AB1,68,2 49.49 (3m) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1, s. 128 Section 128. 49.49 (4) (b) of the statutes is amended to read:

AB1,68,7 49.49 (4) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

AB1, s. 129 Section 129. 49.68 (3) (a) of the statutes is amended to read:

AB1,68,13 49.68 (3) (a) Any Subject to s. 49.687 (6), any permanent resident of this state who suffers from chronic renal disease may be accepted into the dialysis treatment phase of the renal disease control program if the resident meets the standards set by rule under sub. (2) and the requirements specified in s. 49.687 and the rules promulgated under s. 49.687.

AB1, s. 130 Section 130. 49.68 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,69,10 49.68 (3) (b) From the appropriation accounts under ss. 20.435 (4) (e) and (je), the state shall pay the cost of medical treatment required as a direct result of chronic renal disease of certified patients from the date of certification, including the cost of administering recombinant human erythropoietin to appropriate patients, whether the treatment is rendered in an approved facility in the state or in a dialysis or transplantation center which that is approved as such by a contiguous state, subject to the conditions specified under par. (d) and s. 49.687 (6). Approved facilities may include a hospital in-center dialysis unit or a nonhospital dialysis center which that is closely affiliated with a home dialysis program supervised by an approved facility. Aid shall also be provided for all reasonable expenses incurred by a potential living-related donor, including evaluation, hospitalization, surgical costs, and postoperative follow-up to the extent that these those costs are not reimbursable under the federal medicare program, another state-funded health care assistance program, as defined by rule promulgated under s. 49.687 (4), or other insurance. In addition, all expenses incurred in the procurement, transportation , and preservation of cadaveric donor kidneys shall be covered to the extent that these those costs are not otherwise reimbursable. All donor-related costs are chargeable to the recipient and reimbursable under this subsection. The cost of travel, lodging, and meals for persons who must travel to receive inpatient or outpatient dialysis treatment for kidney disease are not reimbursable under this subsection.

AB1, s. 131 Section 131. 49.68 (3) (d) 1. of the statutes is amended to read:

AB1,69,25 49.68 (3) (d) 1. No aid may be granted under this subsection unless the recipient has no other form of aid available from the federal medicare program , from another state-funded health care assistance program, as defined by rule promulgated under s. 49.687 (4), or from private health, accident, sickness, medical and, or hospital insurance coverage. If insufficient aid is available from other sources and if the recipient has paid an amount equal to the annual medicare deductible amount specified in subd. 2., the state shall pay the difference in cost to a qualified recipient. If at any time sufficient federal or private insurance aid or other state aid becomes available during the treatment period, state aid under this subsection shall be terminated or appropriately reduced. Any patient who is eligible for the federal medicare program shall register and pay the premium for medicare medical insurance coverage where permitted, and shall pay an amount equal to the annual medicare deductible amounts required under 42 USC 1395e and 1395L (b), prior to becoming eligible for state aid under this subsection.

AB1, s. 132 Section 132. 49.68 (3) (e) of the statutes is repealed.

AB1, s. 133 Section 133. 49.683 (1) of the statutes is amended to read:

AB1,70,7 49.683 (1) The Subject to s. 49.687 (6), the department may provide financial assistance for costs of medical care of persons over the age of 18 years with the diagnosis of cystic fibrosis who meet financial requirements established by the department by rule under s. 49.687 (1) the requirements specified in s. 49.687 and the rules promulgated under s. 49.687.

AB1, s. 134 Section 134. 49.683 (2) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,70,14 49.683 (2) Approved costs for medical care under sub. (1) shall be paid from the appropriation accounts under s. 20.435 (4) (e) and (je) to the extent that those costs are not reimbursable under the federal medicare program, any other state-funded health care assistance program, as defined by rule promulgated under s. 49.687 (4), or private health insurance coverage.

AB1, s. 135 Section 135. 49.685 (4) of the statutes is amended to read:

AB1,70,24 49.685 (4) Eligibility. Any Subject to s. 49.687 (6), any permanent resident of this state who suffers from hemophilia or other related congenital bleeding disorder may participate in the program if that person meets the requirements of specified in this section and s. 49.687 and the standards set by rule rules promulgated under this section and s. 49.687. The person shall enter into an agreement with the comprehensive hemophilia treatment center for a maintenance program to be followed by that person as a condition for continued eligibility. The physician director or a designee shall, at least once in each 6-month period, review the maintenance program and verify that the person is complying with the program.

AB1, s. 136 Section 136. 49.685 (6) (b) of the statutes is amended to read:

AB1,71,8 49.685 (6) (b) Reimbursement shall may not be made under this section for any blood products or supplies which that are not purchased from or provided by a comprehensive hemophilia treatment center, or a source approved by the treatment center. Reimbursement shall may not be made under this section for any portion of the costs of blood products or supplies which that are payable under any other state or federal program, under any other state-funded health care assistance program, as defined by rule promulgated under s. 49.687 (4), or under any grant, contract and any other contractual, or other arrangement.

AB1, s. 137 Section 137. 49.687 (title) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,71,12 49.687 (title) Disease aids; patient requirements; rebate agreements cost-saving measures.

AB1, s. 138 Section 138. 49.687 (4) of the statutes is created to read:

AB1,71,23 49.687 (4) The department may provide assistance under s. 49.68, 49.683, or 49.685 to a person only if the person has first applied for assistance under all other state-funded health care assistance programs for which the person may be eligible. The department shall promulgate a rule defining those other state-funded health care assistance programs and, in defining those programs, shall include the medical assistance program under subch. IV, the health insurance risk-sharing plan under ch. 149, the badger care health care program under s. 49.665, the prescription drug assistance for elderly persons program under s. 49.688, and any other state-funded health care assistance program under which assistance may be payable for the treatment of kidney disease, cystic fibrosis, or hemophilia.

AB1, s. 139 Section 139. 49.687 (5) of the statutes is created to read:

AB1,72,3 49.687 (5) The department shall promulgate rules to contain the cost of assistance provided under ss. 49.68, 49.683, and 49.685. Those rules may include managed care requirements.

AB1, s. 140 Section 140. 49.687 (6) of the statutes is created to read:

AB1,72,10 49.687 (6) If the amounts available under s. 20.435 (4) (e) and (je) are insufficient to provide assistance under s. 49.68, 49.683, and 49.685 to all persons who are eligible to receive assistance under those sections, the department may establish waiting lists for the enrollment of those persons in the programs under those sections and may assign priorities to persons who are on those waiting lists based on criteria that the department shall promulgate by rule.

AB1, s. 141 Section 141. 49.688 (9) (b) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,72,17 49.688 (9) (b) A person who is convicted of violating a rule promulgated by the department under par. (a) in connection with that person's furnishing of prescription drugs under this section is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000, or imprisoned for not more than 7 years and 6 months, or both.

AB1, s. 142 Section 142. 49.688 (9) (c) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,72,23 49.688 (9) (c) A person other than a person specified in par. (b) who is convicted of violating a rule promulgated by the department under par. (a) may be fined not more than $10,000, or imprisoned in the county jail for not more than one year, or both.

AB1, s. 143 Section 143. 49.795 (8) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,73,3 49.795 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.

AB1, s. 144 Section 144. 49.795 (8) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,73,9 49.795 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 145 Section 145. 49.795 (8) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,73,14 49.795 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.

AB1, s. 146 Section 146. 49.95 (1) of the statutes is renumbered 49.95 (1) (intro.) and amended to read:

AB1,73,19 49.95 (1) (intro.) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, wilfully makes any false representations may, if is subject to the following penalties: