AB100: Bill Text

AB100, s. 2056 Section 2056. 149.143 (3) (b) of the statutes is amended to read:

AB100,960,21 149.143 (3) (b) If the department increases premium rates and insurer assessments and adjusts the provider payment rate under par. (a) and determines that there will still be a deficit and that premium rates have been increased to the maximum extent allowable under par. (a), the department may further adjust, in equal proportions, assessments set under sub. (2) (a) 3. and the provider payment rate set under sub. (2) (a) 4., without regard to sub. (1) (bm) but subject to s. 149.142 (1) (b).

AB100, s. 2057 Section 2057. 149.143 (4) of the statutes is repealed.

AB100, s. 2058 Section 2058. 149.143 (5) (a) of the statutes is amended to read:

AB100,961,5 149.143 (5) (a) Annually, no later than April 30, the department shall perform a reconciliation with respect to plan costs, premiums, insurer assessments, and provider payment rate adjustments based on data from the previous calendar year. On the basis of the reconciliation, the department shall make any necessary adjustments in premiums, insurer assessments, or provider payment rates, subject to s. 149.142 (1) (b), for the fiscal year beginning on the first July 1 after the reconciliation, as provided in sub. (2) (b).

AB100, s. 2059 Section 2059. 149.143 (5) (b) of the statutes is amended to read:

AB100,961,12 149.143 (5) (b) Except as provided in sub. (3) and s. 149.144, the department shall adjust the provider payment rates to meet the providers' specified portion of the plan costs no more than once annually, subject to s. 149.142 (1) (b). The department may not determine the adjustment on an individual provider basis or on the basis of provider type, but shall determine the adjustment for all providers in the aggregate, subject to s. 149.142 (1) (b).

AB100, s. 2060 Section 2060. 149.144 of the statutes is amended to read:

AB100,961,22 149.144 Adjustments to insurer assessments and provider payment rates for premium, deductible, and prescription drug copayment reductions. The department shall, by rule, adjust in equal proportions the amount of the assessment set under s. 149.143 (2) (a) 3. and the provider payment rate set under s. 149.143 (2) (a) 4., subject to ss. 149.142 (1) (b) and 149.143 (1) (am), sufficient to reimburse the plan for premium reductions under s. 149.165, deductible reductions under s. 149.14 (5) (a), and any prescription drug copayment reductions under s. 149.14 (5) (e). The department shall notify the commissioner so that the commissioner may levy any increase in insurer assessments.

AB100, s. 2061 Section 2061 . 149.144 of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

AB100,962,9 149.144 Adjustments to insurer assessments and provider payment rates for premium, deductible, and prescription drug copayment reductions. The department shall adjust in equal proportions the amount of the assessment set under s. 149.143 (2) (a) 3. and the provider payment rate set under s. 149.143 (2) (a) 4., subject to ss. 149.142 (1) (b) and s. 149.143 (1) (am), sufficient to reimburse the plan for premium reductions under s. 149.165, deductible reductions under s. 149.14 (5) (a), and any prescription drug copayment reductions under s. 149.14 (5) (e). The department shall notify the commissioner so that the commissioner may levy any increase in insurer assessments.

AB100, s. 2062 Section 2062. 149.145 of the statutes is amended to read:

AB100,962,22 149.145 Program budget. The department, in consultation with the board, shall establish a program budget for each plan year. The program budget shall be based on the provider payment rates specified in s. 149.142 and in the most recent provider contracts that are in effect and on the funding sources specified in ss. 149.143 (1) and 149.144, including the methodologies specified in ss. 149.143, 149.144, and 149.146 for determining premium rates, insurer assessments, and provider payment rates. Except as otherwise provided in s. 149.143 (3) (a) and (b) and subject to s. 149.142 (1) (b), from the program budget the department shall derive the actual provider payment rate for a plan year that reflects the providers' proportional share of the plan costs, consistent with ss. 149.143 and 149.144. The department may not implement a program budget established under this section unless it is approved by the board.

AB100, s. 2063 Section 2063. 149.146 (2) (am) 5. of the statutes is amended to read:

AB100,963,19 149.146 (2) (am) 5. Subject to s. 149.14 (8) (b), the department may, by rule under s. 149.17 (4), establish for prescription drug coverage under this section copayment amounts, coinsurance rates, and establish a 3-tiered copayment structure for prescription drugs. The copayment and coinsurance out-of-pocket limits limit for prescription drug coverage under this section over which the plan will pay 100% of covered costs for prescription drugs. Any copayment amount, coinsurance rate, or out-of-pocket limit established under this subdivision is subject to the approval of the board under this section may be $400. The department may establish that only certain copayment amounts count toward the out-of-pocket limit. Subject to s. 149.14 (8) (b), the department may change, by rule under s. 149.17 (4), the out-of-pocket limit. Using the procedure under s. 227.24, the department may promulgate rules under this subdivision for the period before the effective date of any permanent rules promulgated under this subdivision, but not to exceed the period authorized under s. 227.24 (1) (c) and (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subdivision as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to make a finding of emergency for promulgating a rule under this subdivision as an emergency rule. Copayments and coinsurance paid by an eligible person under this subdivision are separate from and do not count toward the deductible and covered costs not paid by the plan under subds. 1. to 3.

AB100, s. 2064 Section 2064. 149.146 (2) (b) (intro.) of the statutes is amended to read:

AB100,963,25 149.146 (2) (b) (intro.) The schedule of premiums for coverage under this section shall be promulgated by rule set by the department, as provided in s. 149.143. The rates for coverage under this section shall be set such that they differ from the rates for coverage under s. 149.14 (2) (a) by the same percentage as the percentage difference between the following:

AB100, s. 2065 Section 2065. 149.25 of the statutes is repealed.

AB100, s. 2066 Section 2066. 153.01 (2) of the statutes is amended to read:

AB100,964,4 153.01 (2) "Board" means the health care quality and patient safety board on health care information.

AB100, s. 2067 Section 2067. 153.05 (6m) of the statutes is amended to read:

AB100,964,11 153.05 (6m) The department may contract with the group insurance board for the provision of data collection and analysis services related to health maintenance organizations and insurance companies that provide health insurance for state employees. The department shall establish contract fees for the provision of the services. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (4) (1) (hg).

AB100, s. 2068 Section 2068. 153.07 (5) of the statutes is created to read:

AB100,964,15 153.07 (5) By January 1, 2006, and at least annually thereafter, the board shall report to the governor on the plans, activities, accomplishments, and recommendations of the board.

AB100, s. 2069 Section 2069. 153.07 (6) of the statutes is created to read:

AB100,964,19 153.07 (6) The board shall annually assess the extent to which automated information and decision support systems are used by health care providers in this state.

AB100, s. 2070 Section 2070. 153.07 (7) of the statutes is created to read:

AB100,964,23 153.07 (7) The board shall annually assess options and develop a plan and specific strategies to achieve automation of all health care systems in the state by 2010 or as soon as practicable.

AB100, s. 2071 Section 2071. 153.07 (8) of the statutes is created to read:

AB100,965,2 153.07 (8) The board shall administer the health care quality improvement fund.

AB100, s. 2072 Section 2072. 153.07 (9) of the statutes is created to read:

AB100,965,5 153.07 (9) The board may accept gifts, grants, bequests, and devises to be used in the execution of its functions.

AB100, s. 2073 Section 2073. 153.076 of the statutes is created to read:

AB100,965,7 153.076 Grants and loans. (1) In this section:

AB100,965,10 (a) "Clinic" means a place, other than a residence, that is used primarily for the provision of nursing, medical, podiatric, dental, chiropractic, or optometric care and treatment.

AB100,965,11 (b) "Health maintenance organization" has the meaning given in s. 609.01 (2).

AB100,965,12 (c) "Hospital" has the meaning given in s. 50.33 (2).

AB100,965,13 (d) "Physician" has the meaning given in s. 448.01 (5).

AB100,965,17 (2) (a) From the appropriation under s. 20.505 (4) (qb), the board may make grants or loans, under procedures and criteria determined by the board, to clinics, health maintenance organizations, or other health care systems, hospitals, or physicians for any of the following projects:

AB100,965,20 1. Installation of computer-assisted physician order entry, electronic medical records, or other information system infrastructure, including clinical decision support systems, to improve the quality, safety, and efficiency of patient care.

AB100,965,24 2. Development of health information exchanges, integrated health care data repositories, and interoperable systems to facilitate the reporting of quality, safety, and efficiency information for purposes of health care system improvement or related purposes by informing consumers and health care purchasers.

AB100,966,2 3. Demonstration, through pilot projects, of rapid cycle improvement in quality, safety, and efficiency of care.

AB100,966,4 4. Facilitation of group purchases of medical technology systems by assisting health care providers in forming collaborative agreements for technology.

AB100,966,6 (b) Repayment of any loans made under par. (a) shall be deposited into the health care quality improvement fund.

AB100, s. 2074 Section 2074. 153.60 (1) of the statutes is amended to read:

AB100,967,4 153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and maintaining the board. The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (4) (1) (hi) during the fiscal year, and the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (4) (1) (hi) from the prior fiscal year and the amount in the appropriation account under s. 20.435 (1) (dg), 1997 stats., for the fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (4) (1) (hg).

AB100, s. 2075 Section 2075. 153.60 (3) of the statutes is amended to read:

AB100,967,16 153.60 (3) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures required for the collection, database development and maintenance and generation of public data files and standard reports for health care plans that voluntarily agree to supply health care data under s. 153.05 (6r). The department shall assess the estimated total amount for that fiscal year to health care plans in a manner specified by the department by rule and may enter into an agreement with the office of the commissioner of insurance for collection of the assessments. Each health plan that voluntarily agrees to supply this information shall pay the assessments on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (4) (1) (hg) and may be used solely for the purposes of s. 153.05 (6r).

AB100, s. 2076 Section 2076. 153.65 (1) of the statutes is amended to read:

AB100,967,24 153.65 (1) The department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (4) (1) (hi).

AB100, s. 2077 Section 2077. 153.75 (title) of the statutes is amended to read:

AB100,968,1 153.75 (title) Rule making and enforcement.

AB100, s. 2078 Section 2078. 153.75 (3) of the statutes is created to read:

AB100,968,8 153.75 (3) Notwithstanding sub. (1) (a), (b), (f), (m), (n), (o), (s), (t), and (u) and ss. 153.05 (1), (5), and (8) and 153.45, after June 30, 2007, the department may not enforce rules promulgated under this chapter before July 1, 2007, relating to claims data to be submitted by physicians, to procedures for verification, review, and comment on the claims data, to adjustment of the data, and to waiver of the data submission requirement.

AB100, s. 2079 Section 2079. 153.75 (4) of the statutes is created to read:

AB100,968,14 153.75 (4) Notwithstanding sub. (1) (a), (b), (f), (m), (n), (o), (q), (t), and (u), and ss. 153.05 (1), (5) and (8), 153.21, and 153.45, after the effective date of this subsection .... [revisor inserts date], the department may not enforce rules promulgated under this chapter before the effective date of this subsection .... [revisor inserts date], relating to any of the following:

AB100,968,17 (a) The collection, from physicians, of health care plan affiliations and updating information, hospital privileges updating information, and workforce and practice information.

AB100,968,19 (b) The collection, from dentists, chiropractors, and podiatrists, of workforce and practice information.

AB100,968,22 (c) Procedures for verification, review, and comment on the information specified under pars. (a) and (b), to adjustment of the information, and to waiver of the information collection requirement.

AB100, s. 2080 Section 2080. 153.75 (5) of the statutes is created to read:

AB100,969,2 153.75 (5) After the effective date of this subsection .... [revisor inserts date], notwithstanding ss. 227.10 (1) and 227.11 (2) (a) and (d), the department may promulgate under this chapter only rules that are first approved by the health care quality and patient safety board.

AB100, s. 2081 Section 2081. 153.76 of the statutes is amended to read:

AB100,969,7 153.76 Rule-making by the independent review board. Notwithstanding s. 15.01 (1r), the independent review board may promulgate only those rules that are first reviewed and approved by the health care quality and patient safety board on health care information.

AB100, s. 2082 Section 2082. 165.065 (2) of the statutes is amended to read:

AB100,969,16 165.065 (2) The assistant attorney general in charge of antitrust investigations and prosecutions is to shall cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade, and consumer protection rural resources in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.

AB100, s. 2083 Section 2083. 165.10 of the statutes is created to read:

AB100,969,23 165.10 Civil rights enforcement. If any person, whether or not acting under color of law, interferes with the exercise or enjoyment by any individual of a right secured by the constitution or laws of the United States, or of a right secured by the constitution or laws of this state, the attorney general may bring an action for injunction or other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right secured.

AB100, s. 2084 Section 2084. 165.25 (4) (ar) of the statutes is amended to read:

AB100,970,9 165.25 (4) (ar) The department of justice shall furnish all legal services required by represent the department of agriculture, trade, and consumer protection rural resources in any court action relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779 ch. 126 and ss. 100.01 to 100.025, 100.05, 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any other services as are necessarily connected to the legal services.

AB100, s. 2085 Section 2085. 165.252 of the statutes is created to read:

AB100,970,15 165.252 Consumer protection matters. The department of justice shall administer ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28, 100.31, 100.37 to 100.44, 100.46, 100.50, and 100.52 and may promulgate rules to aid in the administration and enforcement of these sections. The department of justice may appear for the state in any court action relating to these sections.

AB100, s. 2086 Section 2086. 165.755 (1) (a) of the statutes is amended to read:

AB100,970,20 165.755 (1) (a) Except as provided in par. (b), a court shall impose under ch. 814 a crime laboratories and drug law enforcement surcharge of $7 $8 if the court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

AB100, s. 2087 Section 2087. 165.90 (title) of the statutes is repealed.

AB100, s. 2088 Section 2088. 165.90 (1) to (5) of the statutes are renumbered 16.964 (7m) (a) to (e), and 16.964 (7m) (a), (b) 2. and 9., (c), (cm) (intro.), (d) (intro.), 1. and 2. and (e) (intro.), as renumbered, are amended to read:

AB100,971,11 16.964 (7m) (a) Any county that has one or more a reservation of a federally recognized Indian reservations tribe within or partially within its boundaries or that borders a reservation of a federally recognized Indian tribe may enter into an agreement in accordance with s. 59.54 (12) with an Indian the tribe located in the county to establish a cooperative county-tribal law enforcement program. To be eligible to receive aid under this section subsection, a county and tribe shall develop and annually submit a joint program plan, by December 1 of the year prior to the year for which funding is sought, to the department of justice office for approval. If funding is sought for the 2nd or any subsequent year of the program, the county and tribe shall submit the report required under sub. (4) (b) par. (d) 2. together with the plan.

AB100,971,13 (b) 2. The program's need for funding under this section subsection and the amount of funding requested.

AB100,971,15 9. Any other information required by the department office or deemed relevant by the county and tribe submitting the plan.

AB100,971,17 (c) Upon request, the department office shall provide technical assistance to a county and tribe in formulating a joint program plan.

AB100,971,20 (cm) (intro.) In determining whether to approve a program plan and, if approved, how much aid the program shall receive, the department office shall consider the following factors:

AB100,972,2 (d) (intro.) If the department office approves a plan, the department office shall certify the program as eligible to receive aid under s. 20.455 (2) (kt) 20.505 (6) (kv). Prior to January 15, of the year for which funding is sought, the department office shall distribute from the appropriations under s. 20.455 (2) (kt) 20.505 (6) (kv) to each eligible program the amount necessary to implement the plan, subject to the following limitations:

AB100,972,4 1. A program may use funds received under s. 20.455 (2) (kt) 20.505 (6) (kv) only for law enforcement operations.

AB100,972,8 2. A program shall, prior to the receipt of funds under s. 20.455 (2) (kt) 20.505 (6) (kv) for the 2nd and any subsequent year, submit a report to the department office regarding the performance of law enforcement activities on the reservation in the previous fiscal year.

AB100,972,11 (e) (intro.) Annually, on or before January 15, the department office shall report on the performance of cooperative county-tribal law enforcement programs receiving aid under this section subsection to each of the following:

AB100, s. 2089 Section 2089. 165.92 (3) (a) of the statutes is amended to read:

AB100,972,18 165.92 (3) (a) Unless otherwise provided in a joint program plan under s. 165.90 (2) 16.964 (7m) (b) or an agreement between a political subdivision of this state and a tribe, the tribe that employs a tribal law enforcement officer is liable for all acts of the officer while acting within the scope of his or her employment and neither the state nor any political subdivision of the state may be held liable for any action of the officer taken under the authority of sub. (2) (a).

AB100, s. 2090 Section 2090. 166.03 (2) (a) 5. of the statutes is amended to read: