AB806,8,10
149.45
(3) (h) 3. The failure or refusal of a
provider to accord department
2auditors or investigators access as required under par. (g) to any provider personnel,
3records, books, patient health care records of medical assistance recipients, or
4documents or other information requested constitutes person to purge himself or
5herself of contempt found under s. 885.12 and perform the act as required by law
6shall constitute grounds for decertification or suspension of
the provider that person 7from participation in the medical assistance program. No payment may be made for
8services rendered by
the provider that person following decertification
, or during the
9period of suspension
, or during any period of provider failure or refusal to accord
10access as required under par. (g).
AB806, s. 20
13Section
20. 49.45 (3) (h) 2. of the statutes is created to read:
AB806,8,1714
49.45
(3) (h) 2. In the event of contumacy or refusal to obey a subpoena issued
15under this paragraph and duly served upon any person, any judge in a court of record
16in the county in which the person was served may enforce the subpoena in accordance
17with s. 885.12.
AB806,8,2120
49.45
(21) (title)
Taking over provider's operation Transfer of business,
21liability for; repayments required.
AB806,9,9
149.45
(21) (a)
Before a person may take over the operation of a provider that
2is If any provider liable for repayment of improper or erroneous payments or
3overpayments under ss. 49.43 to 49.497
, full repayment shall be made. Upon
4request, the department shall notify the provider or the person that intends to take
5over the operation of the provider as to whether the provider
sells or otherwise
6transfers ownership of his or her business or all or substantially all of the assets of
7the business, the transferor and transferee are each liable for the repayment. Prior
8to final transfer, the transferee is responsible for contacting the department and
9ascertaining if the transferor is liable
under this paragraph.
AB806,9,2112
49.45
(21) (b)
If, notwithstanding the prohibition under par. (ar), a person takes
13over the operation of a provider If a transfer occurs and the applicable amount under
14par.
(ar) (a) has not been repaid, the department may
, in addition to withholding
15certification as authorized under sub. (2) (b) 8., proceed against
the provider or the
16person either the transferor or the transferee. Within 30 days after
the certified
17provider receives receiving notice from the department, the
transferor or the
18transferee shall pay the amount
shall be repaid in full.
If the amount is not repaid
19in full Upon failure to comply, the department may bring an action to compel
20payment
,. If a transferor fails to pay within 90 days after receiving notice from the
21department, the department may proceed under sub. (2) (a) 12.
, or may do both.
AB806,10,8
149.85
(2) (a) At least annually, the department of health and family services
2shall certify to the department of revenue the amounts that, based on the
3notifications received under sub. (1) and on other information received by the
4department of health and family services, the department of health and family
5services has determined that it may recover under s.
49.45 (2) (a) 10. or 49.497, except
6that the department of health and family services may not certify an amount under
7this subsection unless it has met the notice requirements under sub. (3) and unless
8its determination has either not been appealed or is no longer under appeal.
AB806,10,1411
49.85
(3) (a) 1. Inform the person that the department of health and family
12services intends to certify to the department of revenue an amount that the
13department of health and family services has determined to be due under s.
49.45
14(2) (a) 10. or 49.497, for setoff from any state tax refund that may be due the person.
AB806,10,1917
71.93
(1) (a) 3. An amount that the department of health and family services
18may recover under s.
49.45 (2) (a) 10. or 49.497, if the department of health and
19family services has certified the amount under s. 49.85.
AB806, s. 29
20Section
29. 227.43 (1) (bg) of the statutes is amended to read:
AB806,11,221
227.43
(1) (bg) Assign a hearing examiner to preside over any hearing or review
22under ss.
49.45 (2) (a) 10. and 14., 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16
23(5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b),
24114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12)
25(b), 218.0116 (2), (4), (7) (a), (8) (a)
, and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22
1(4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d),
2342.26, 343.69
, and 348.25 (9).
AB806,11,11
7(1
) Medical assistance provider fraud and abuse; rules. The department of
8health and family services shall submit in proposed form the rules required under
9section 49.45 (2) (a) 9. of the statutes, as affected by this act, to the legislative council
10staff under section 227.15 (1) of the statutes no later than the first day of the 7th
11month beginning after the effective date of this subsection.
AB806,11,1713
(1)
Medical assistance audits and investigations; lapse. Notwithstanding
14section 20.001 (3) (c) of the statutes, on January 1, 2003, there is lapsed to the general
15fund the unencumbered balance in the appropriation under section 20.435 (4) (iL)
16of the statutes immediately before the effective date of the repeal of section 20.435
17(4) (iL) of the statutes.
AB806,11,2119
(1)
Liability for transfer of business. The treatment of section 49.45 (2) (b)
208. and (21) (title), (ag), (ar), (b), and (e) of the statutes first applies to sales or other
21transfers completed on the effective date of this subsection.
AB806,11,2522
(2)
Assessment for repeated recoveries against providers of medical
23assistance. The treatment of section 49.45 (2) (b) 9. of the statutes first applies to
24repeated recoveries from the identical provider that are made on the effective date
25of this subsection.
AB806,12,4
1(3)
Decertification or suspension of providers of medical assistance. The
2treatment of section 49.45 (2) (a) 12. a. and b. and 14. of the statutes first applies to
3violations of federal statutes or regulations or state statutes or rules committed on
4the effective date of this subsection.
AB806,12,7
5(4) Certification of providers of medical assistance. The treatment of section
649.45 (2) (a) 11. a. and b. and (b) 7. of the statutes first applies to applications for
7certification received on the effective date of this subsection.
AB806,12,11
8(5) Recoveries against providers of medical assistance. The treatment of
9sections 49.45 (2) (a) 9. and 10. a., b., and c., 49.85 (2) (a) and (3) (a) 1., and 71.93 (1)
10(a) 3. of the statutes first applies to recoveries imposed on the effective date of this
11subsection.
AB806,12,15
12(6) Audits and access to records of providers of medical assistance. The
13treatment of section 49.45 (3) (g) 1. and 2. and (h) 1., 1m., 1n., and 2. of the statutes
14first applies to audits or investigations performed on or access requested on the
15effective date of this subsection.
AB806,12,18
16(7) Limit on number of certified medical assistance providers. The treatment
17of section 49.45 (2) (b) 6m. of the statutes first applies to certifications made on the
18effective date of this subsection.
AB806, s. 35
19Section
35.
Effective dates. This act takes effect on January 1, 2003, except
20as follows:
AB806,12,2121
(1)
Section
32
(1) of this act takes effect on the day after publication.