AB806: Bill Text

AB806,7,23 49.45 (3) (h) 1. For purposes of any audit, investigation, examination, analysis, review, or other function authorized by law with respect to the medical assistance program, the secretary shall have the power to sign and issue subpoenas to any person requiring the production of any pertinent books, records, patient health care records, or other information. Subpoenas so issued shall be served by anyone authorized by the secretary by delivering a copy to the person named in the subpoena, or by registered mail or certified mail addressed to the person at his or her last-known residence or principal place of business. A verified return by the person serving the subpoena setting forth the manner of service, or, in the event service is by registered or certified mail, the return post-office receipt signed by the person served constitutes proof of service.

AB806, s. 18 Section 18. 49.45 (3) (h) 1m. of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 49.45 (3) (h) 3. and amended to read:

AB806,8,10 49.45 (3) (h) 3. The failure or refusal of a provider to accord department auditors or investigators access as required under par. (g) to any provider personnel, records, books, patient health care records of medical assistance recipients, or documents or other information requested constitutes person to purge himself or herself of contempt found under s. 885.12 and perform the act as required by law shall constitute grounds for decertification or suspension of the provider that person from participation in the medical assistance program. No payment may be made for services rendered by the provider that person following decertification, or during the period of suspension, or during any period of provider failure or refusal to accord access as required under par. (g).

AB806, s. 19 Section 19. 49.45 (3) (h) 1n. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB806, s. 20 Section 20. 49.45 (3) (h) 2. of the statutes is created to read:

AB806,8,17 49.45 (3) (h) 2. In the event of contumacy or refusal to obey a subpoena issued under this paragraph and duly served upon any person, any judge in a court of record in the county in which the person was served may enforce the subpoena in accordance with s. 885.12.

AB806, s. 21 Section 21. 49.45 (21) (title) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB806,8,21 49.45 (21) (title) Taking over provider's operation Transfer of business, liability for; repayments required.

AB806, s. 22 Section 22. 49.45 (21) (ag) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB806, s. 23 Section 23. 49.45 (21) (ar) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 49.45 (21) (a) and amended to read:

AB806,9,9 49.45 (21) (a) Before a person may take over the operation of a provider that is If any provider liable for repayment of improper or erroneous payments or overpayments under ss. 49.43 to 49.497, full repayment shall be made. Upon request, the department shall notify the provider or the person that intends to take over the operation of the provider as to whether the provider sells or otherwise transfers ownership of his or her business or all or substantially all of the assets of the business, the transferor and transferee are each liable for the repayment. Prior to final transfer, the transferee is responsible for contacting the department and ascertaining if the transferor is liable under this paragraph.

AB806, s. 24 Section 24. 49.45 (21) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB806,9,21 49.45 (21) (b) If, notwithstanding the prohibition under par. (ar), a person takes over the operation of a provider If a transfer occurs and the applicable amount under par. (ar) (a) has not been repaid, the department may, in addition to withholding certification as authorized under sub. (2) (b) 8., proceed against the provider or the person either the transferor or the transferee. Within 30 days after the certified provider receives receiving notice from the department, the transferor or the transferee shall pay the amount shall be repaid in full. If the amount is not repaid in full Upon failure to comply, the department may bring an action to compel payment,. If a transferor fails to pay within 90 days after receiving notice from the department, the department may proceed under sub. (2) (a) 12., or may do both.

AB806, s. 25 Section 25. 49.45 (21) (e) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB806, s. 26 Section 26. 49.85 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB806,10,8 49.85 (2) (a) At least annually, the department of health and family services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and family services, the department of health and family services has determined that it may recover under s. 49.45 (2) (a) 10. or 49.497, except that the department of health and family services may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.

AB806, s. 27 Section 27. 49.85 (3) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB806,10,14 49.85 (3) (a) 1. Inform the person that the department of health and family services intends to certify to the department of revenue an amount that the department of health and family services has determined to be due under s. 49.45 (2) (a) 10. or 49.497, for setoff from any state tax refund that may be due the person.

AB806, s. 28 Section 28. 71.93 (1) (a) 3. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB806,10,19 71.93 (1) (a) 3. An amount that the department of health and family services may recover under s. 49.45 (2) (a) 10. or 49.497, if the department of health and family services has certified the amount under s. 49.85.

AB806, s. 29 Section 29. 227.43 (1) (bg) of the statutes is amended to read:

AB806,11,2 227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review under ss. 49.45 (2) (a) 10. and 14., 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12) (b), 218.0116 (2), (4), (7) (a), (8) (a), and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69, and 348.25 (9).

AB806, s. 30 Section 30. 2001 Wisconsin Act 16, section 9323 (18k), (18m), (18n), (18pk), (18pm) and (18pn) are repealed.

AB806, s. 31 Section 31. 2001 Wisconsin Act 16, section 9423 (18k) is repealed.

AB806, s. 32 Section 32 . Nonstatutory provisions.

AB806,11,11 (1 ) Medical assistance provider fraud and abuse; rules. The department of health and family services shall submit in proposed form the rules required under section 49.45 (2) (a) 9. of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

AB806, s. 33 Section 33. Appropriation changes.

AB806,11,17 (1) Medical assistance audits and investigations; lapse. Notwithstanding section 20.001 (3) (c) of the statutes, on January 1, 2003, there is lapsed to the general fund the unencumbered balance in the appropriation under section 20.435 (4) (iL) of the statutes immediately before the effective date of the repeal of section 20.435 (4) (iL) of the statutes.

AB806, s. 34 Section 34. Initial applicability.

AB806,11,21 (1) Liability for transfer of business. The treatment of section 49.45 (2) (b) 8. and (21) (title), (ag), (ar), (b), and (e) of the statutes first applies to sales or other transfers completed on the effective date of this subsection.

AB806,11,25 (2) Assessment for repeated recoveries against providers of medical assistance. The treatment of section 49.45 (2) (b) 9. of the statutes first applies to repeated recoveries from the identical provider that are made on the effective date of this subsection.

AB806,12,4 (3) Decertification or suspension of providers of medical assistance. The treatment of section 49.45 (2) (a) 12. a. and b. and 14. of the statutes first applies to violations of federal statutes or regulations or state statutes or rules committed on the effective date of this subsection.

AB806,12,7 (4) Certification of providers of medical assistance. The treatment of section 49.45 (2) (a) 11. a. and b. and (b) 7. of the statutes first applies to applications for certification received on the effective date of this subsection.

AB806,12,11 (5) Recoveries against providers of medical assistance. The treatment of sections 49.45 (2) (a) 9. and 10. a., b., and c., 49.85 (2) (a) and (3) (a) 1., and 71.93 (1) (a) 3. of the statutes first applies to recoveries imposed on the effective date of this subsection.

AB806,12,15 (6) Audits and access to records of providers of medical assistance. The treatment of section 49.45 (3) (g) 1. and 2. and (h) 1., 1m., 1n., and 2. of the statutes first applies to audits or investigations performed on or access requested on the effective date of this subsection.

AB806,12,18 (7) Limit on number of certified medical assistance providers. The treatment of section 49.45 (2) (b) 6m. of the statutes first applies to certifications made on the effective date of this subsection.

AB806, s. 35 Section 35. Effective dates. This act takes effect on January 1, 2003, except as follows:

AB806,12,21 (1) Section 32 (1) of this act takes effect on the day after publication.

AB806,12,22 (End)