SB44: Bill Text

SB44, s. 1301 Section 1301. 49.26 (1) (hm) of the statutes is amended to read:

SB44,590,8 49.26 (1) (hm) The department may require consent to the release of school attendance records, under s. 118.125 (2) (e), as a condition of eligibility for benefits participation under s. 49.147 (3) to (5) or aid under s. 49.19.

SB44, s. 1302 Section 1302. 49.30 of the statutes is renumbered 49.785, and 49.785 (2), as renumbered, is amended to read:

SB44,590,20 49.785 (2) From the appropriations under s. 20.445 (3) (dz) and (md) appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under sub. (1). From the appropriations under s. 20.445 (3) (dz) and (md) appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for persons described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances.

SB44, s. 1303 Section 1303. 49.32 (2) (d) of the statutes is repealed.

SB44, s. 1304 Section 1304. 49.32 (4) of the statutes is repealed.

SB44, s. 1305 Section 1305. 49.32 (9) (a) of the statutes is amended to read:

SB44,591,10 49.32 (9) (a) Each county department under s. 46.215, 46.22, or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving aid to families with dependent children together with the amount paid during the preceding month. Each Wisconsin works Works agency administering Wisconsin works Works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names of all persons receiving stipends under s. 49.147 (3m) (g) or benefits or wages under s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (, including names, amounts of aid, or otherwise) other information, pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 46.261 or 49.19 (10).

SB44, s. 1306 Section 1306. 49.32 (10) (b) of the statutes is amended to read:

SB44,591,19 49.32 (10) (b) If a law enforcement officer believes, on reasonable grounds, that a warrant has been issued and is outstanding for the arrest of a Wisconsin works Works participant, the law enforcement officer may request that a law enforcement officer be notified when the participant appears to obtain his or her stipend or benefits under the Wisconsin works Works program. At the request of a law enforcement officer under this paragraph, an employee of a Wisconsin works Works agency who disburses stipends or benefits may notify a law enforcement officer when the participant appears to obtain Wisconsin works his or her stipend or benefits.

SB44, s. 1307 Section 1307. 49.32 (10m) (a) of the statutes is amended to read:

SB44,593,2 49.32 (10m) (a) A county department, relief agency under s. 49.01 (3m), or Wisconsin works Works agency shall, upon request, and after providing the notice to the recipient required by this paragraph, release the current address of a recipient of relief under s. 49.01 (3), aid to families with dependent children , a stipend under s. 49.147 (3m) (g), or benefits or wages under s. 49.148 to a person, the person's attorney, or an employee or agent of that attorney, if the person is a party to a legal action or proceeding in which the recipient is a party or a witness, unless the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127. If the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127, the county department, relief agency, or Wisconsin works Works agency may not release the current address of the recipient. No county department, relief agency , or Wisconsin works Works agency may release an address under this paragraph until 21 days after the address has been requested. A person requesting an address under this paragraph shall be required to prove his or her identity and his or her participation as a party in a legal action or proceeding in which the recipient is a party or a witness by presenting a copy of the pleading or a copy of the subpoena for the witness. The person shall also be required to sign a statement setting forth his or her name, address, and the reasons for making the request and indicating that he or she understands the provisions of par. (b) with respect to the use of the information obtained. The statement shall be made on a form prescribed by the department and shall be sworn and notarized. Within 7 days after an address has been requested under this paragraph, the county department, relief agency, or Wisconsin works Works agency shall mail to each recipient whose address has been requested a notification of that fact on a form prescribed by the department. The form shall also include the date on which the address was requested, the name and address of the person who requested the disclosure of the address, the reason that the address was requested, and a statement that the address will be released to the person who requested the address no sooner than 21 days after the date on which the request for the address was made. County departments, relief agencies, and Wisconsin works Works agencies shall keep a record of each request for an address under this paragraph.

SB44, s. 1308 Section 1308. 49.33 of the statutes is renumbered 49.78, and 49.78 (1) (b), (2), (4), (7), (8) (a) and (10), as renumbered, are amended to read:

SB44,593,8 49.78 (1) (b) "Income maintenance program" means the medical assistance Medical Assistance program under subch. IV of ch. 49, the badger care Badger Care health care program under s. 49.665, or the food stamp program under 7 USC 2011 to 2036, or the cemetery, funeral, and burial expenses program under s. 49.785.

SB44,593,13 (2) Contracts. Annually, the department of health and family services shall contract with county departments under ss. 46.215, 46.22, and 46.23, and may contract with tribal governing bodies, to reimburse the county departments and tribal governing bodies for the reasonable cost of administering income maintenance programs.

SB44,593,20 (4) Rules; merit system. The department of workforce development shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection shall not be construed to invalidate the provisions of s. 46.22 (1) (d).

SB44,593,25 (7) County personnel systems. Pursuant to rules promulgated under sub. (4), the department of workforce development where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the department's department of workforce development's authority under sub. (4) to establish and maintain personnel standards including salary levels.

SB44,594,10 (8) (a) From the appropriation accounts under s. 20.435 (4) (bn) and (nn) and subject to par. (b), the department of health and family services shall reimburse each county and tribal governing body that contracts with the department under sub. (2) for reasonable costs of administering the income maintenance programs. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (bn) and (nn) by contract under s. 49.33 sub. (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under s. 49.197 (1m) and (4).

SB44,594,22 (10) County certification. (a) Each county treasurer and director of a county department under s. 46.215, 46.22, or 46.23 and each tribal governing body shall certify monthly under oath to the department of health and family services in such manner as the department of health and family services prescribes the claim of the county for state reimbursement under sub. (8) (a). The department of health and family services shall review each claim of reimbursement and, if the department of health and family services approves the claim, the department of health and family services shall certify to the department of administration for reimbursement to the county for amounts due under sub. (8) (a) and payment claimed to be made to the counties monthly. The department of health and family services may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

SB44,595,6 (b) To facilitate prompt reimbursement the certificate of the department of health and family services may be based on the certified statements of the county officers or tribal governing body executives filed under par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 annually, the department of health and family services shall submit a report to the appropriate standing committees under s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.

SB44, s. 1309 Section 1309. 49.36 (2) of the statutes is amended to read:

SB44,595,16 49.36 (2) The department may contract with any county, tribal governing body, or Wisconsin works Works agency to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193, 1997 stats., or s. 49.147 (3), (3m), or (4). The program may also include job search and job orientation activities. The department shall fund the program from the appropriation under s. 20.445 (3) (dz).

SB44, s. 1310 Section 1310. 49.45 (2) (a) 3. of the statutes is amended to read:

SB44,595,22 49.45 (2) (a) 3. Determine the eligibility of persons for medical assistance, rehabilitative, and social services under ss. 49.46, 49.468, and 49.47 and rules and policies adopted by the department and shall may, under a contract under s. 49.33 49.78 (2), designate delegate all, or any portion, of this function to the county department under s. 46.215, 46.22, or 46.23 or a tribal governing body.

SB44, s. 1311 Section 1311. 49.45 (2) (a) 17. of the statutes is amended to read:

SB44,596,3 49.45 (2) (a) 17. Notify the governor, the joint committee on legislative organization, the joint committee on finance and appropriate standing committees, as determined by the presiding officer of each house, if the appropriation accounts under s. 20.435 (4) (b) is , (gp), and (r) are insufficient to provide the state share of medical assistance.

SB44, s. 1312 Section 1312. 49.45 (2) (a) 25. of the statutes is created to read:

SB44,596,14 49.45 (2) (a) 25. a. For the privilege of doing business in this state, there is imposed on each health maintenance organization, as defined in s. 609.01 (2), an annual assessment of 1% of the health maintenance organization's gross revenues for the immediately preceding calendar year. The assessment shall be deposited into the Medical Assistance trust fund. The department shall determine the amount of each health maintenance organization's assessment, based on a statement that the health maintenance organization shall file annually, by March 1, with the office of the commissioner of insurance. Each health maintenance organization shall pay one-fourth of the total assessment quarterly, by March 31, June 30, September 30, and December 31 of each year.

SB44,596,19 b. Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to (7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment collected under subd. 25. a. shall be deposited into the Medical Assistance trust fund.

SB44,596,22 c. The department shall levy, enforce, and collect the assessment under this subdivision and shall develop and distribute forms necessary for levying and collection.

SB44,596,24 d. The department shall promulgate rules that establish procedures and requirements for levying the assessment under this subdivision.

SB44,597,3 e. An affected health maintenance organization may contest an action by the department under this subdivision by submitting a written request for a hearing to the department within 3 days after the date of the department's action.

SB44,597,5 f. Any order or determination made by the department under a hearing as specified in subd. 25. e. is subject to judicial review as prescribed under ch. 227.

SB44, s. 1313 Section 1313. 49.45 (3) (a) of the statutes is amended to read:

SB44,597,12 49.45 (3) (a) Reimbursement shall be made to each county department under ss. 46.215, 46.22, and 46.23 for the any administrative services performed in the medical assistance Medical Assistance program on the basis of s. 49.33 49.78 (8). For purposes of reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a) are administrative services performed in the medical assistance Medical Assistance program.

SB44, s. 1314 Section 1314. 49.45 (3) (am) of the statutes is repealed.

SB44, s. 1315 Section 1315. 49.45 (5) (b) 1. (intro.) of the statutes is amended to read:

SB44,598,6 49.45 (5) (b) 1. (intro.) Upon receipt of a timely petition under par. (a) the department shall give the applicant or recipient reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county clerk or, if a Wisconsin works agency , if a county department under s. 46.215, 46.22, or 46.23 is responsible for making the medical assistance determination, the Wisconsin works agency to the county clerk of the county. The county or the Wisconsin works agency may be represented at such hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient, to the county clerk, and to the any county officer or the Wisconsin works agency charged with administration of the medical assistance Medical Assistance program. The decision of the department shall have the same effect as an order of the a county officer or the Wisconsin works agency charged with the administration of the medical assistance Medical Assistance program. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if:

SB44, s. 1316 Section 1316. 49.45 (5) (b) 2. (intro.) of the statutes is amended to read:

SB44,598,18 49.45 (5) (b) 2. (intro.) If a recipient requests a hearing within the timely notice period specified in 42 CFR 431.231 (c), medical assistance coverage shall not be suspended, reduced, or discontinued until a decision is rendered after the hearing but medical assistance payments made pending the hearing decision may be recovered by the department if the contested decision or failure to act is upheld. The department shall promptly notify the county department or, if a Wisconsin works agency If a county department is responsible for making the medical assistance determination, the Wisconsin works agency department shall notify the county department of the county in which the recipient resides that the recipient has requested a hearing. Medical assistance coverage shall be suspended, reduced, or discontinued if:

SB44, s. 1317 Section 1317. 49.45 (5m) (title) of the statutes is amended to read:

SB44,598,20 49.45 (5m) (title) Supplemental funding for rural critical access hospitals.

SB44, s. 1318 Section 1318. 49.45 (5m) (am) of the statutes is amended to read:

SB44,599,5 49.45 (5m) (am) Notwithstanding sub. (3) (e), from the appropriations appropriation accounts under s. 20.435 (4) (b), (gp), (o), (r), and (w), the department shall distribute not more than $2,256,000 in each fiscal year, to provide supplemental funds to rural hospitals that, as determined by the department, have high utilization of inpatient services by patients whose care is provided from governmental sources, and to provide supplemental funds to critical access hospitals, except that the department may not distribute funds to a rural hospital or to a critical access hospital to the extent that the distribution would exceed any limitation under 42 USC 1396b (i) (3).

SB44, s. 1319 Section 1319. 49.45 (5m) (b) of the statutes is repealed.

SB44, s. 1320 Section 1320. 49.45 (6b) of the statutes is amended to read:

SB44,599,15 49.45 (6b) Centers for the developmentally disabled. From the appropriation under s. 20.435 (2) (gk), the department may reimburse the cost of services provided by the centers for the developmentally disabled. Reimbursement to the centers for the developmentally disabled shall be reduced following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, by $200 per day, beginning in fiscal year 2001-02, and by $225 per day, beginning in fiscal year 2002-03, and by $325 per day, beginning in fiscal year 2004-05.

SB44, s. 1321 Section 1321. 49.45 (6c) (a) 6m. of the statutes is created to read:

SB44,599,18 49.45 (6c) (a) 6m. "Intermediate facility" has the meaning given in s. 46.279 (1) (a).

SB44, s. 1322 Section 1322. 49.45 (6c) (b) of the statutes is amended to read:

SB44,600,9 49.45 (6c) (b) Preadmission screening. Except as provided in par. (e), beginning on August 9, 1989, every individual who applies for admission to a facility or to an institution for mental diseases shall be screened to determine if the individual has developmental disability or mental illness. Beginning on August 9, 1989, the The department or an entity to which the department has delegated authority shall screen every individual who has been identified as having a developmental disability or mental illness to determine if the individual needs facility care. If the individual is determined to need facility care, the department or an entity to which the department has delegated authority shall also assess the individual to determine if he or she requires active treatment for developmental disability or active treatment for mental illness. If the department or entity determines that the individual requires active treatment for developmental disability, the department or entity shall determine whether the level of care required by the individual that is provided by a facility could be provided safely in an intermediate facility or under a plan that is developed under s. 46.279 (4).

SB44, s. 1323 Section 1323. 49.45 (6c) (c) (intro.) of the statutes is amended to read:

SB44,600,16 49.45 (6c) (c) Resident review. (intro.) Except as provided in par. (e), the department or an entity to which the department has delegated authority shall review every resident of a facility or institution for mental diseases who has a developmental disability or mental illness and who has experienced a significant change in his or her physical or mental condition to determine if any all of the following applies:

SB44, s. 1324 Section 1324. 49.45 (6c) (c) 1. of the statutes is amended to read:

SB44,600,18 49.45 (6c) (c) 1. The Whether the resident needs facility care.

SB44, s. 1325 Section 1325. 49.45 (6c) (c) 2. of the statutes is amended to read:

SB44,600,21 49.45 (6c) (c) 2. The Whether the resident requires active treatment for developmental disability or active treatment for mental illness.

SB44, s. 1326 Section 1326. 49.45 (6c) (c) 3. of the statutes is created to read:

SB44,601,2 49.45 (6c) (c) 3. If the department or entity determines under subd. 1. that the resident needs facility care and under subd. 2. that the resident requires active treatment for developmental disability, whether the level of care required by the resident that is provided by a facility could be provided safely in an intermediate facility or under a plan that is developed under s. 46.279 (4).

SB44, s. 1327 Section 1327. 49.45 (6m) (a) 4. of the statutes is repealed.

SB44, s. 1328 Section 1328. 49.45 (6m) (ag) (intro.) of the statutes is amended to read:

SB44,601,11 49.45 (6m) (ag) (intro.) Payment for care provided in a facility under this subsection made under s. 20.435 (4) (b), (gp), (pa), (o), (r), (w), or (wm) shall, except as provided in pars. (bg), (bm), and (br), be determined according to a prospective payment system updated annually by the department. The payment system shall implement standards that are necessary and proper for providing patient care and that meet quality and safety standards established under subch. II of ch. 50 and ch. 150. The payment system shall reflect all of the following:

SB44, s. 1329 Section 1329. 49.45 (6m) (ag) 2. of the statutes is amended to read:

SB44,601,16 49.45 (6m) (ag) 2. Standards Except as provided in subd. 3r., standards established by the department that shall be based upon allowable costs incurred by facilities in the state as available from information submitted under par. (c) 3. and compiled by the department.

SB44, s. 1330 Section 1330. 49.45 (6m) (ag) 3m. of the statutes is amended to read:

SB44,601,22 49.45 (6m) (ag) 3m. For each state fiscal year 1999-2000, rates that shall be set by the department based on information from cost reports for the 1998 most recently completed fiscal year of the facility and for state fiscal year 2000-01, rates that shall be set by the department based on information from cost reports for the 1999 fiscal year of the facility.

SB44, s. 1331 Section 1331 . 49.45 (6m) (ag) 3m. of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,602,3 49.45 (6m) (ag) 3m. For each state fiscal year, rates that shall be set by the department based on information from cost reports for costs specified under par. (am) 1. bm., 4., 5m., and 6. for the most recently completed fiscal year of the facility.

SB44, s. 1332 Section 1332. 49.45 (6m) (ag) 3r. of the statutes is created to read:

SB44,602,6 49.45 (6m) (ag) 3r. Flat-rate payment, as determined by the department, for costs specified under par. (am) 1. a. and 2.

SB44, s. 1333 Section 1333. 49.45 (6m) (ag) 3r. of the statutes, as created by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,602,10 49.45 (6m) (ag) 3r. Flat-rate payment, as determined by the department, for all costs specified under par. (am) 1. a. and 2.

SB44, s. 1334 Section 1334. 49.45 (6m) (am) 1. a. of the statutes is amended to read:

SB44,602,16 49.45 (6m) (am) 1. a. Personal comfort supplies; medical supplies; over-the-counter drugs; and nonbillable services of a ward clerk, activity person, recreation person, social worker, volunteer coordinator, teacher for residents aged 22 and older, vocational counselor for residents aged 22 and older, religious person, therapy aide, therapy assistant, and counselor on resident living.

SB44, s. 1335 Section 1335. 49.45 (6m) (am) 1. b. of the statutes is repealed.

SB44, s. 1336 Section 1336. 49.45 (6m) (am) 1. bm. of the statutes is created to read:

SB44,602,20 49.45 (6m) (am) 1. bm. Nonbillable services of a registered nurse, licensed practical nurse and nurse's assistant.

SB44, s. 1337 Section 1337. 49.45 (6m) (am) 1. d. of the statutes is repealed.

SB44, s. 1338 Section 1338. 49.45 (6m) (am) 1. e. of the statutes is repealed.

SB44, s. 1339 Section 1339. 49.45 (6m) (am) 3. (intro.) of the statutes is renumbered 49.45 (6m) (am) 2. c. and amended to read:

SB44,603,3 49.45 (6m) (am) 2. c. Allowable fuel and utility costs, including the facility expenses that the department determines are allowable for the provision of: electrical service, water and sewer services, and heat.

SB44, s. 1340 Section 1340. 49.45 (6m) (am) 3. a. of the statutes is repealed.

SB44, s. 1341 Section 1341. 49.45 (6m) (am) 3. b. of the statutes is repealed.

SB44, s. 1342 Section 1342. 49.45 (6m) (am) 3. c. of the statutes is repealed.

SB44, s. 1343 Section 1343. 49.45 (6m) (am) 4. of the statutes is amended to read:

SB44,603,9 49.45 (6m) (am) 4. Net property Property tax or allowable municipal service costs incurred paid by the owner of the facility for the facility.