AB995: Bill Text

AB995,27,15 2. The current rates of reimbursement for health care services of health care providers provided to the department under sub. (5), including any rate increases about which the department is informed under sub. (5).

AB995,27,18 (c) The department may contract for the receipt of information under sub. (3) (a) or (5) and for the posting of the information under par. (a) or (b), in accordance with the department's request-for-proposal procedures.

AB995,28,2 (3) (a) By April 15 annually, a health care provider shall provide to the department, on a form provided by the department, a statement of the provider's rates for health care services for the period from the following May 1 to April 30. If during this period the health care provider increases any of the rates from the amount stated, the health care provider shall so inform the department, on a form provided by the department. The rates shall be stated in a form determined by the department that may include statement as a percentage of the Medical Assistance fee schedule for services of providers, as specified by the department under sub. (2) (a).

AB995,28,5 (b) Beginning on May 1 annually, a health care provider shall, with respect to the provider's rates for the period from that date to April 30 of the following year, do all of the following:

AB995,28,7 1. If the health care provider has an Internet website, post the rates, including any rate increases, on the website, in a form that is downloadable.

AB995,28,11 2. Take reasonable steps to ensure that health care consumers of services of the health care provider are aware that information on the provider's rates for health care services is available and are informed about the means by which the rate information may be obtained.

AB995,28,15 (4) Any increase in a rate for the health care service of a health care provider is chargeable only after the health care provider has, under sub. (3) (a), informed the department of the increase and has, if applicable, posted the rate increase under sub. (3) (b) 1.

AB995,28,24 (5) By April 15 annually, an insurer shall provide to the department, on a form provided by the department, and to the insurer's insureds a statement of the insurer's rates of reimbursement for health care services of health care providers for the period from the following May 1 to April 30. If during this period the insurer increases any of the rates of reimbursement from the amount stated, the insurer shall so inform the department, on a form provided by the department. The rates of reimbursement shall be stated as a percentage of the Medical Assistance fee schedule for health care services of health care providers, as specified by the department under sub. (2) (a).

AB995, s. 50 Section 50. 146.89 (1) of the statutes is renumbered 146.89 (1) (intro.) and amended to read:

AB995,29,3 146.89 (1) (intro.) In this section, "volunteer:

AB995,29,10 (r) "Volunteer health care provider" means an individual who is licensed as a physician under ch. 448, dentist under ch. 447, registered nurse, practical nurse, or nurse-midwife under ch. 441, optometrist under ch. 449, or physician assistant under ch. 448 or certified as a dietitian under subch. V of ch. 448 and who receives no income from the practice of that health care profession or who receives no income from the practice of that health care profession when providing services at the nonprofit agency or school specified under sub. (3).

AB995, s. 51 Section 51. 146.89 (1) (d) of the statutes is created to read:

AB995,29,13 146.89 (1) (d) "Governing body" means the governing body of any of the following:

AB995,29,14 1. A charter school, as defined in s. 115.001 (1).

AB995,29,16 2. A private school, as defined in s. 115.001 (3r), that participates in the Milwaukee Parental Choice Program under s. 119.23.

AB995, s. 52 Section 52. 146.89 (1) (g) of the statutes is created to read:

AB995,29,18 146.89 (1) (g) "School" means any of the following:

AB995,29,19 1. A public elementary school.

AB995,29,20 2. A charter school, as defined in s. 115.001 (1).

AB995,29,22 3. A private school, as defined in s. 115.001 (3r), that participates in the Milwaukee Parental Choice Program under s. 119.23

AB995, s. 53 Section 53. 146.89 (1) (h) of the statutes is created to read:

AB995,29,24 146.89 (1) (h) "School board" has the meaning given in s. 115.001 (7).

AB995, s. 54 Section 54. 146.89 (2) (a) of the statutes is amended to read:

AB995,30,10 146.89 (2) (a) A volunteer health care provider may participate under this section only if he or she submits a joint application with a nonprofit agency, school board, or governing body to the department of administration and that department approves the application. If the volunteer health care provider submits a joint application with a school board or governing body, the application shall include a statement by the school board or governing body that certifies that the volunteer health care provider has received materials that specify school board or governing body policies concerning the provision of health care services to students and has agreed to comply with the policies. The department of administration shall provide application forms for use under this paragraph.

AB995, s. 55 Section 55. 146.89 (2) (c) of the statutes is amended to read:

AB995,30,14 146.89 (2) (c) The department of administration shall notify the volunteer health care provider and the nonprofit agency, school board, or governing body of the department's decision to approve or disapprove the application.

AB995, s. 56 Section 56. 146.89 (2) (d) of the statutes is amended to read:

AB995,30,23 146.89 (2) (d) Approval of an application of a volunteer health care provider is valid for one year. If a volunteer health care provider wishes to renew approval, he or she shall submit a joint renewal application with a nonprofit agency , school board, or governing body to the department of administration. The department of administration shall provide renewal application forms that are developed by the department of health and family services and that include questions about the activities that the individual has undertaken as a volunteer health care provider in the previous 12 months.

AB995, s. 57 Section 57. 146.89 (3) (b) (intro.) of the statutes is amended to read:

AB995,31,2 146.89 (3) (b) (intro.) The Under this section, the nonprofit agency may provide the following health care services:

AB995, s. 58 Section 58. 146.89 (3) (c) of the statutes is amended to read:

AB995,31,6 146.89 (3) (c) The Under this section, the nonprofit agency may not provide emergency medical services, hospitalization, or surgery, except as provided in par. (b) 8.

AB995, s. 59 Section 59. 146.89 (3) (d) (intro.) of the statutes is amended to read:

AB995,31,10 146.89 (3) (d) (intro.) The Under this section, the nonprofit agency shall provide health care services primarily to low-income persons who are uninsured and who are not recipients of any of the following:

AB995, s. 60 Section 60. 146.89 (3m) of the statutes is created to read:

AB995,31,14 146.89 (3m) All of the following apply to a volunteer health care provider whose joint application with a school board or relevant governing body is approved under sub. (2):

AB995,31,19 (a) Before providing health care services in a school, the volunteer health care provider shall provide to the school board or relevant governing body proof of satisfactory completion of any competency requirements that are relevant to the volunteer health care provider, as specified by the department of public instruction by rule.

AB995,31,21 (b) Under this section, the volunteer health care provider may provide only to students from 4-year-old kindergarten to grade 6 the following health care services:

AB995,31,23 1. Except as specified in par. (c), the health care services specified in sub. (3) (b) 1. to 5., 7., and 8.

AB995,31,24 2. First aid for illness or injury.

AB995,32,2 3. Except as specified in par. (c), the administration of drugs, as specified in s. 118.29 (2) (a) 1. to 3.

AB995,32,3 4. Health screenings.

AB995,32,5 5. Any other health care services designated by the department of public instruction by rule.

AB995,32,7 (c) Under this section, the volunteer health care provider may not provide any of the following:

AB995,32,8 1. Emergency medical services.

AB995,32,9 2. Hospitalization.

AB995,32,10 3. Surgery, except as provided in par. (b) 2. and 5.

AB995,32,11 4. A referral for abortion, as defined in s. 48.375.

AB995,32,12 5. A contraceptive article, as defined in s. 450.155 (1) (a).

AB995,32,13 6. A pregnancy test.

AB995,32,16 (d) Any health care services provided under par. (b) shall be provided without charge at the school and shall be available to all students from 4-year-old kindergarten to grade 6 regardless of income.

AB995, s. 61 Section 61. 441.07 (1) (d) of the statutes is amended to read:

AB995,32,20 441.07 (1) (d) Misconduct or unprofessional conduct. In this paragraph, "misconduct" and "unprofessional conduct" do not include the prescribing of an antibiotic drug as described in s. 448.035.

AB995, s. 62 Section 62. 441.16 (3m) of the statutes is created to read:

AB995,32,23 441.16 (3m) An advanced practice nurse who is certified under sub. (2) may prescribe an antibiotic drug as described in s. 448.035.

AB995, s. 63 Section 63. 448.015 (4) of the statutes is amended to read:

AB995,33,5 448.015 (4) "Unprofessional conduct" means those acts or attempted acts of commission or omission defined as unprofessional conduct by the board under the authority delegated to the board by s. 15.08 (5) (b) and any act by a physician or physician assistant in violation of ch. 450 or 961. "Unprofessional conduct" does not include the prescribing of an antibiotic drug as described in s. 448.035.

AB995, s. 64 Section 64. 448.035 of the statutes is created to read:

AB995,33,7 448.035 Prescribing certain antibiotic drugs. (1) In this section:

AB995,33,9 (a) "Advanced practice nurse prescriber" means a nurse who is certified under s. 441.16 (2).

AB995,33,12 (b) "Antibiotic drug" means an antibiotic drug recommended for treatment of chlamydia, gonorrhea, or trichomonas in the most current guidelines for the treatment of sexually transmitted diseases of the federal centers for disease control.

AB995,34,7 (2) Notwithstanding the requirements of s. 448.30, a physician, physician assistant, or advanced practice nurse prescriber may prescribe an antibiotic drug as a course of therapy for treatment of chlamydia, gonorrhea, or trichomonas to a patient for use by a person with whom the patient has had sexual intercourse if the patient states to the physician, physician assistant, or advanced practice nurse prescriber that the person is not allergic to the drug. The prescription order is required to include the name and address of the patient, a statement that indicates that the patient should ask the person with whom the patient has had sexual intercourse whether that person is allergic to the drug, and a statement that indicates that the drug should not be taken by a person who is allergic to the drug. The prescription order is not required to include the name and address of the person with whom the patient has had sexual intercourse. The prescription order shall state that the patient is responsible for paying for the antibiotic drug that is prescribed for the person with whom the patient has had sexual intercourse. This subsection does not apply to the prescribing of a substance listed in the schedules in ss. 961.14, 961.16, 961.18, 961.20, and 961.22 or substances added by the controlled substances board acting under s. 961.11 (1). A physician, physician assistant, or advanced practice nurse prescriber may not issue prescriptions under this subsection for more than 2 persons in one year with whom a particular patient has had sexual intercourse.

AB995,34,12 (3) At the time of issuing the prescription under sub. (2), the physician, physician assistant, or advanced practice nurse prescriber may provide the patient, in writing, with information specified by the department of health and family services under s. 46.03 (44) and request that the patient give the information to the person with whom the patient has had sexual intercourse.

AB995, s. 65 Section 65. 448.04 (1) (a) of the statutes is amended to read:

AB995,34,16 448.04 (1) (a) License to practice medicine and surgery. A person holding a license to practice medicine and surgery may practice as defined in s. 448.01 (9) and as provided in s. 448.035.

AB995, s. 66 Section 66. 450.10 (1) (a) (intro.) of the statutes is amended to read:

AB995,34,20 450.10 (1) (a) (intro.) In this subsection, "unprofessional conduct" includes any of the following, but is not limited to does not include the dispensing of an antibiotic drug as described in s. 450.11 (1g):

AB995, s. 67 Section 67. 450.11 (1) of the statutes is amended to read:

AB995,35,5 450.11 (1) Dispensing. No person may dispense any prescribed drug or device except upon the prescription order of a practitioner. All prescription orders shall specify the date of issue, the name and address of the patient, the name and address of the practitioner, the name and quantity of the drug product or device prescribed, directions for the use of the drug product or device and, if the order is written by the practitioner, the signature of the practitioner. Except as provided in s. 448.035 (2), all prescription orders shall also specify the name and address of the patient. Any oral prescription order shall be immediately reduced to writing by the pharmacist and filed according to sub. (2).

AB995, s. 68 Section 68. 450.11 (1g) of the statutes is created to read:

AB995,35,8 450.11 (1g) Dispensing certain antibiotic drugs. (a) In this subsection, "antibiotic drug" has the meaning given in s. 448.035 (1) (b).

AB995,35,15 (b) A pharmacist may, upon the prescription order of a practitioner, as specified in s. 448.035, and under all other requirements of sub. (1), dispense an antibiotic drug as a course of therapy for treatment of chlamydia, gonorrhea, or trichomonas to a patient for use by a person with whom the patient has had sexual intercourse. A pharmacist may dispense an antibiotic drug under this paragraph without providing a consultation to the person with whom the patient has had sexual intercourse.

AB995,35,19 (c) A patient specified in par. (b) is responsible for paying for an antibiotic drug that is dispensed under par. (b). Any insurance claim submitted by a pharmacist for an antibiotic drug dispensed under this subsection shall specify that the antibiotic drug was dispensed for use by a person other than the patient.

AB995, s. 69 Section 69. 456.02 (intro.) of the statutes is amended to read:

AB995,35,21 456.02 Duties. (intro.) The examining board shall do all of the following:

AB995, s. 70 Section 70. 456.02 (1) of the statutes is amended to read:

AB995,36,4 456.02 (1) Develop, impose and enforce standards which must be met by individuals that an individual is required to meet in order to receive a license as a nursing home administrator, which. The standards shall be designed to insure ensure that a nursing home administrators will be individuals who are administrator is of good character and are, is otherwise suitable, and who, by training or experience in the field of institutional administration, are is qualified to serve as a nursing home administrators; administrator.

AB995, s. 71 Section 71. 456.02 (2) of the statutes is amended to read:

AB995,36,8 456.02 (2) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such the standards; under sub. (1).

AB995, s. 72 Section 72. 456.02 (3) of the statutes is amended to read:

AB995,36,15 456.02 (3) Issue licenses to individuals a license to an individual determined, after the application of such the techniques under sub. (2), to meet such the standards under sub. (1), and revoke or suspend licenses a license previously granted by the examining board in any case where if the individual holding any such the license is determined substantially to have failed to conform to the requirements of such the standards; .

AB995, s. 73 Section 73. 456.02 (4) of the statutes is amended to read:

AB995,36,20 456.02 (4) Establish and carry out procedures designed to insure ensure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such the standards; under sub. (1).

AB995, s. 74 Section 74. 456.02 (5) of the statutes is amended to read:

AB995,37,2 456.02 (5) Subject to the rules promulgated under s. 440.03 (1), receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the examining board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such the standards; under sub. (1).

AB995, s. 75 Section 75. 456.02 (6) of the statutes is amended to read:

AB995,37,9 456.02 (6) In cooperation with other agencies and appropriate organizations, conduct a continuing study of the practice of nursing home administration within the state with a view to the improvement of the standards imposed for the licensing of such nursing home administrators and of procedures and methods for the enforcement of such the standards under sub. (1) with respect to nursing home administrators of nursing homes who have been licensed as such; under this chapter.

AB995, s. 76 Section 76. 456.02 (7) of the statutes is amended to read:

AB995,37,19 456.02 (7) Develop and enforce standards for the Promulgate rules establishing supervised practical experience to be required requirements that, except as provided in s. 456.04 (2m), an individual shall satisfy before being allowed to take an examination for licensure; and as a nursing home administrator. Except as provided in s. 456.04 (2m), the rules shall require the individual to complete at least 2,000 hours in any consecutive 3-year period within the 5-year period immediately preceding the date of application for examination in an internship, administrator-in-training program, or any other structured program approved by the examining board.