AB141: Bill Text

AB141,3,2 (b) One board-certified pediatrician who has expertise in services providing for individuals with autism.

AB141,3,4 (c) One psychologist licensed under s. 455.04 who has expertise in providing services for individuals with autism.

AB141,3,6 (d) One social worker certified or licensed under s. 457.08 who has expertise in providing services for individuals with autism.

AB141,3,8 (e) Two public members, each of whom is a parent of a child who has been diagnosed with autism.

AB141, s. 2 Section 2. 20.435 (4) (b) of the statutes is amended to read:

AB141,4,4 20.435 (4) (b) Medical Assistance program benefits. Biennially, the amounts in the schedule to provide a portion of the state share of Medical Assistance program benefits administered under subch. IV of ch. 49, excluding amounts provided under par. (c), for a portion of the Badger Care health care program under s. 49.665, to provide a portion of the Medical Assistance program benefits administered under subch. IV of ch. 49 that are not also provided under par. (o), to fund the pilot project under s. 46.27 (9) and (10), to provide a portion of the facility payments under 1999 Wisconsin Act 9, section 9123 (9m), to fund services provided by resource centers under s. 46.283, for services under the family care benefit under s. 46.284 (5), for assisting victims of diseases, as provided in ss. 49.68, 49.683, and 49.685, and for reduction of any operating deficits as specified in 2005 Wisconsin Act 15, section 3. Notwithstanding s. 20.002 (1), the department may transfer from this appropriation account to the appropriation account under sub. (7) (kb) funds in the amount of and for the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1), the department may credit or deposit into this appropriation account and may transfer between fiscal years funds that it transfers from the appropriation account under sub. (7) (kb) for the purposes specified in s. 46.485 (3r). Notwithstanding s. 20.002 (1), the department may transfer from this appropriation account to the appropriation account under sub. (7) (bd) funds in the amount and for the purposes specified in s. 49.45 (6v).

AB141, s. 3 Section 3. 20.435 (4) (c) of the statutes is created to read:

AB141,4,9 20.435 (4) (c) Medical Assistance autism benefit. A sum sufficient for the state's share of the Medical Assistance autism benefit to provide autism services under the children's long-term care Medical Assistance waiver program, as described under s. 49.45 (38m) and 2003 Wisconsin Act 33, section 9124 (8c).

AB141, s. 4 Section 4. 49.45 (38m) of the statutes is created to read:

AB141,4,15 49.45 (38m) Autism benefit. (a) The department shall provide autism services under the autism benefit program under the children's long-term care Medical Assistance waiver program, as described under 2003 Wisconsin Act 33, section 9124 (8c), to all individuals who are eligible for the services and may not use a waiting list to limit or delay the provision of services to eligible individuals.

AB141,4,22 (b) If the department determines that it needs a waiver or an amendment to the waiver described under 2003 Wisconsin Act 33, section 9124 (8c), to provide the services as required under par. (a) and to authorize federal financial participation for Medical Assistance reimbursement for the services, the department shall request from the secretary of the federal department of health and human services a waiver or a waiver amendment to allow the department to provide the services as required under par. (a) and to authorize federal financial participation for those services.

AB141, s. 5 Section 5. 51.03 (7) of the statutes is created to read:

AB141,5,8 51.03 (7) The department shall annually distribute to parents of children with autism information regarding therapies that a parent of a child with autism may provide at home with the child to complement the child's treatment or individualized education program, as defined in s. 115.76 (9). In gathering information for distribution under this subsection, the department shall consult with teachers of special education, as defined in s. 115.76 (15); parents of autistic children; physicians; and representatives of organizations that advocate for the interests of children with disabilities. The department shall provide the information to local educational agencies, as defined in s. 115.76 (10), and physicians using a method determined by the department.

AB141, s. 6 Section 6. 146.85 of the statutes is created to read:

AB141,5,15 146.85 Referral required. (1) A health care provider, as defined in s. 146.81 (1), who diagnoses a patient with a condition, injury, or illness, other than alcoholism, drug dependency, or mental illness, shall provide the patient or, if the patient is a minor, the patient's parent, guardian, or legal custodian, with any necessary and appropriate referral for treatment or services if the condition, injury, or illness requires further treatment or services.

AB141, s. 7 Section 7. 440.08 (2) (a) 15m. of the statutes is created to read:

AB141,5,18 440.08 (2) (a) 15m. Autism paraprofessional: January 1 of each even-numbered year.

AB141, s. 8 Section 8. Chapter 462 of the statutes is created to read:

AB141,5,20 Chapter 462

AB141,5,21 autism paraprofessionals

AB141,5,22 462.01 Definitions. In this chapter:

AB141,5,23 (1) "Board" means the autism paraprofessional board.

AB141,6,2 (2) "Autism paraprofessional practice" means the provision of services for compensation to an individual with autism that may be provided by an individual who is not licensed under chs. 440, 441, 446, 447, 448, 449, 450, 451, 455, 457, 459, or 460.

AB141,6,4 462.02 Licensure. (1) No person may engage in autism paraprofessional practice unless the person holds a license issued by the board.

AB141,6,8 (2) The board may grant a license to engage in autism paraprofessional practice to an applicant who submits an application on a form provided by the department and pays the initial credential fee determined by the department under s. 440.03 (9) (a).

AB141,6,12 (3) The renewal date for a license granted under this chapter is specified in s. 440.08 (2) (a). A renewal application shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

AB141,6,14 462.03 Rule making. (1) The board shall promulgate rules that establish all of the following:

AB141,6,15 (a) Educational criteria for licensure under this chapter.

AB141,6,16 (b) Practice standards for autism paraprofessional practice.

AB141,6,18 (2) The board may promulgate rules creating ethical standards and continuing education requirements for autism paraprofessional practice.

AB141,6,21 462.04 Discipline. (1) Subject to the rules promulgated under s. 440.03 (1), the department may conduct investigations and hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

AB141,6,25 (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand an autism paraprofessional or deny, limit, suspend, or revoke a license granted under this chapter to an autism paraprofessional if the department determines the autism paraprofessional has done any of the following:

AB141,7,2 (a) Intentionally made a material misstatement in an application for a license or for renewal of a license.

AB141,7,4 (b) Subject to ss. 111.321, 111.322, and 111.34, engaged in autism paraprofessional practice while impaired by alcohol or other drugs.

AB141,7,6 (c) In the course of engaging in autism paraprofessional practice, made a substantial misrepresentation that was relied upon by a client.

AB141,7,9 (d) Violated any law of this state or federal law that substantially relates to autism paraprofessional practice, violated this chapter, or violated any rule promulgated under this chapter.

AB141,7,10 (End)