AB40: Bill Text

AB40, s. 1625 Section 1625. 49.85 (2) (b) of the statutes is amended to read:

AB40,707,2 49.85 (2) (b) At least annually, the department of children and families shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of children and families, the department of children and families has determined that it may recover under ss. s. 49.161 , and 49.195 (3) and, or 49.373 or collect under s. 49.147 (6) (cm), except that the department of children and families may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.

AB40, s. 1626 Section 1626. 49.85 (3) (a) 1. of the statutes is amended to read:

AB40,707,7 49.85 (3) (a) 1. Inform the person that the department of health services intends to certify to the department of revenue an amount that the department of health services has determined to be due under s. 49.45 (2) (a) 10., 49.497, 49.793, or 49.847, for setoff from any state tax refund that may be due the person.

AB40, s. 1627 Section 1627. 49.85 (3) (b) 1. of the statutes is amended to read:

AB40,707,13 49.85 (3) (b) 1. Inform the person that the department of children and families intends to certify to the department of revenue an amount that the department of children and families has determined to be due under s. 49.161 or, 49.195 (3), or 49.373, or to be delinquent under a repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax refund that may be due the person.

AB40, s. 1628 Section 1628. 49.857 (1) (c) of the statutes is amended to read:

AB40,707,17 49.857 (1) (c) "Credentialing board" means a board, examining board or affiliated credentialing board in the department of regulation and licensing safety and professional services that grants a credential.

AB40, s. 1629 Section 1629. 49.857 (2) (b) 1. of the statutes is amended to read:

AB40,708,7 49.857 (2) (b) 1. The circumstances under which the licensing authority or the licensing agency must restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license and guidelines for determining the appropriate action to take. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include the circumstances under which the department of regulation and licensing safety and professional services shall direct a credentialing board to restrict, limit, suspend, withhold, deny or refuse to grant a credential and guidelines for determining the appropriate action to take. The guidelines under this subdivision for determining the appropriate action to take shall require the consideration of whether the action is likely to have an adverse effect on public health, safety or welfare or on the environment, and of whether the action is likely to adversely affect individuals other than the individual holding or applying for the license, such as employees of that individual.

AB40, s. 1630 Section 1630. 49.857 (2) (b) 2. a. of the statutes is amended to read:

AB40,708,17 49.857 (2) (b) 2. a. Certifying to the licensing authority or licensing agency a delinquency in support or a failure to comply with a subpoena or warrant. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include procedures for the department of regulation and licensing safety and professional services to notify a credentialing board that a certification of delinquency in support or failure to comply with a subpoena or warrant has been made by the department of children and families with respect to an individual who holds or applied for a credential granted by the credentialing board.

AB40, s. 1631 Section 1631. 49.857 (2) (b) 2. c. of the statutes is amended to read:

AB40,709,2 49.857 (2) (b) 2. c. Notifying the licensing authority or licensing agency that an individual has paid delinquent support or made satisfactory alternative payment arrangements or satisfied the requirements under a subpoena or warrant. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include procedures for the department of regulation and licensing safety and professional services to notify a credentialing board that an individual who holds or applied for a credential granted by the credentialing board has paid delinquent support or made satisfactory alternative payment arrangements or satisfied the requirements under a subpoena or warrant.

AB40, s. 1632 Section 1632. 49.857 (2) (b) 3. a. of the statutes is amended to read:

AB40,709,9 49.857 (2) (b) 3. a. Restricting, limiting, suspending, withholding, denying, refusing to grant or issue or refusing to renew or revalidate a license. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include procedures for the department of regulation and licensing safety and professional services to direct a credentialing board to restrict, limit, suspend, withhold, deny or refuse to grant a credential.

AB40, s. 1633 Section 1633. 49.857 (2) (b) 3. c. of the statutes is amended to read:

AB40,709,25 49.857 (2) (b) 3. c. Issuing or reinstating a license if the department of children and families notifies the licensing authority or licensing agency that an individual who was delinquent in making court-ordered payments of support has paid the delinquent support or made satisfactory alternative payment arrangements or that an individual who failed to comply with a subpoena or warrant has satisfied the requirements under the subpoena or warrant. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include procedures for the department of regulation and licensing safety and professional services to direct a credentialing board to grant or reinstate a credential if the department of children and families notifies the department of regulation and licensing safety and professional services that an individual who holds or applied for a credential granted by the credentialing board has paid the delinquent support or made satisfactory alternative payment arrangements or that an individual who failed to comply with a subpoena or warrant has satisfied the requirements under the subpoena or warrant.

AB40, s. 1634 Section 1634. 49.857 (3) (a) 1. of the statutes is amended to read:

AB40,710,5 49.857 (3) (a) 1. That a certification of delinquency in paying support will be made to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing safety and professional services.

AB40, s. 1635 Section 1635. 49.857 (3) (am) 1. of the statutes is amended to read:

AB40,710,10 49.857 (3) (am) 1. That the individual's name has been placed on a certification list, which will be provided to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing safety and professional services.

AB40, s. 1636 Section 1636. 49.857 (3) (b) 1. of the statutes is amended to read:

AB40,710,15 49.857 (3) (b) 1. That a certification of the failure to comply with a subpoena or warrant will be made to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing safety and professional services.

AB40, s. 1637 Section 1637. 49.857 (3) (c) (intro.) of the statutes is amended to read:

AB40,710,23 49.857 (3) (c) (intro.) If the department of children and families provides a certification list to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing safety and professional services, upon receipt of the list the licensing authority if the licensing authority agrees, the licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing safety and professional services shall do all of the following:

AB40, s. 1638 Section 1638. 49.857 (3) (d) 1. of the statutes is amended to read:

AB40,711,12 49.857 (3) (d) 1. Subject to sub. (2) (d), if an individual who, on the basis of delinquent support, is denied a license or whose license, on the basis of delinquent support, is restricted, limited, suspended, or refused renewal or revalidation under a memorandum of understanding entered into under sub. (2) (b) pays the delinquent amount of support in full or makes satisfactory alternative payment arrangements, the department of children and families shall immediately notify the licensing authority or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing safety and professional services shall, upon notice by the department of children and families, notify the credentialing board to grant or reinstate the individual's credential.

AB40, s. 1639 Section 1639. 49.857 (3) (d) 2. of the statutes is amended to read:

AB40,711,25 49.857 (3) (d) 2. Subject to sub. (2) (d), if an individual who, on the basis of a failure to comply with a subpoena or warrant, is denied a license or whose license, on the basis of a failure to comply with a subpoena or warrant, is restricted, limited, suspended, or refused renewal or revalidation under a memorandum of understanding entered into under sub. (2) (b) satisfies the requirements under the subpoena or warrant, the department of children and families shall immediately notify the licensing authority or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing safety and professional services shall, upon notice by the department of children and families, notify the credentialing board to grant or reinstate the individual's credential.

AB40, s. 1640 Section 1640. 49.857 (4) of the statutes is amended to read:

AB40,712,8 49.857 (4) Each licensing agency shall enter into a memorandum of understanding with the department of children and families under sub. (2) (b) and shall cooperate with the department of children and families in its administration of s. 49.22. The department of regulation and licensing safety and professional services shall enter into a memorandum of understanding with the department of children and families on behalf of a credentialing board with respect to a credential granted by the credentialing board.

AB40, s. 1641 Section 1641. 49.89 (7) (a) of the statutes is amended to read:

AB40,712,12 49.89 (7) (a) Except as provided in par. (f), any Any county or elected tribal governing body that has made a recovery under this section shall receive an incentive payment from the sum recovered as provided under this subsection.

AB40, s. 1642 Section 1642. 49.89 (7) (bm) of the statutes is amended to read:

AB40,712,17 49.89 (7) (bm) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid as state supplemental payments under s. 49.77, 2009 stats., or s. 49.39. The incentive payment shall be taken from the state share of the sum recovered.

AB40, s. 1643 Section 1643. 49.89 (7) (f) of the statutes is repealed.

AB40, s. 1644 Section 1644. 49.90 (1) (b) of the statutes is amended to read:

AB40,712,21 49.90 (1) (b) For purposes of this section those persons receiving benefits under federal Title XVI or under s. 49.77 49.39 shall not be deemed dependent persons.

AB40, s. 1645 Section 1645. 49.95 (4m) (a) of the statutes is amended to read:

AB40,713,4 49.95 (4m) (a) Without legal authority, sends or brings a person to a county, tribal governing body, or municipality or advises a person to go to a county, tribal governing body, or municipality for the purpose of obtaining relief funded by a relief block grant, benefits under the Wisconsin works Works program under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV, or food stamps benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

AB40, s. 1646 Section 1646. 49.96 of the statutes is amended to read:

AB40,713,11 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or (c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 49.39 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

AB40, s. 1647 Section 1647. 50.01 (1) (c) of the statutes is repealed.

AB40, s. 1648 Section 1648. 50.01 (1g) (c) of the statutes is amended to read:

AB40,713,14 50.01 (1g) (c) A shelter facility as defined under s. 560.9808 234.5608 (1) (d).

AB40, s. 1649 Section 1649. 50.02 (1) of the statutes is amended to read:

AB40,714,5 50.02 (1) Departmental authority. The department may provide uniform, statewide licensing, inspection, and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect, and otherwise regulate adult family homes, as specified under ss. 50.031 and s. 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of commerce safety and professional services or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define "specialized consultation".

AB40, s. 1650 Section 1650. 50.02 (2) (a) of the statutes is amended to read:

AB40,714,19 50.02 (2) (a) The department, by rule, shall develop, establish and enforce regulations and standards for the care, treatment, health, safety, rights, welfare and comfort of residents in community-based residential facilities and nursing homes and for the construction, general hygiene, maintenance and operation of those facilities which, in the light of advancing knowledge, will promote safe and adequate accommodation, care and treatment of residents in those facilities; and promulgate and enforce rules consistent with this section. Such standards and rules shall provide that intermediate care facilities, which have 16 or fewer beds may, if exempted from meeting certain physical plant, staffing and other requirements of the federal regulations, be exempted from meeting the corresponding provisions of the department's standards and rules. The department shall consult with the department of commerce safety and professional services when developing exemptions relating to physical plant requirements.

AB40, s. 1651 Section 1651. 50.03 (14) (b) of the statutes is amended to read:

AB40,715,3 50.03 (14) (b) The county departments of the county in which the facility is located that are responsible for providing services under s. 46.215 (1) (L), 46.22 (1) (b) 1. c. 46.22 (1) (b) 2. h., 51.42 or 51.437 shall participate in the development and implementation of individual relocation plans. Any county department of another county shall participate in the development and implementation of individual relocation plans in place of the county departments of the county in which the facility is located, if the county department accepts responsibility for the resident or is delegated responsibility for the resident by the department or by a court.

AB40, s. 1652 Section 1652. 50.031 of the statutes is repealed.

AB40, s. 1653 Section 1653. 50.035 (2) (a) 3. of the statutes is amended to read:

AB40,715,10 50.035 (2) (a) 3. The department or the department of commerce safety and professional services may waive the requirement under subd. 1. or 2. for a community-based residential facility that has a smoke detection or sprinkler system in place that is at least as effective for fire protection as the type of system required under the relevant subdivision.

AB40, s. 1654 Section 1654. 50.035 (2) (b) (intro.) of the statutes is amended to read:

AB40,715,15 50.035 (2) (b) (intro.) No facility may install a smoke detection system that fails to receive the approval of the department or of the department of commerce safety and professional services. At least one smoke detector shall be located at each of the following locations:

AB40, s. 1655 Section 1655. 50.037 (3) of the statutes is amended to read:

AB40,715,20 50.037 (3) Exemption. Community-based residential facilities where the total monthly charges for each resident do not exceed the monthly state supplemental payment rate under s. 49.77 (3s) 49.39 (3s) that is in effect at the time the fee under sub. (2) is assessed are exempt from this section.

AB40, s. 1656 Section 1656. 50.065 (2) (am) 3. of the statutes is amended to read:

AB40,715,24 50.065 (2) (am) 3. Information maintained by the department of regulation and licensing safety and professional services regarding the status of the person's credentials, if applicable.

AB40, s. 1657 Section 1657. 50.065 (2) (b) 3. of the statutes is amended to read:

AB40,716,3 50.065 (2) (b) 3. Information maintained by the department of regulation and licensing safety and professional services regarding the status of the person's credentials, if applicable.

AB40, s. 1658 Section 1658. 50.065 (4m) (a) 5. of the statutes is amended to read:

AB40,716,8 50.065 (4m) (a) 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

AB40, s. 1659 Section 1659. 50.065 (4m) (b) 5. of the statutes is amended to read:

AB40,716,13 50.065 (4m) (b) 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

AB40, s. 1660 Section 1660. 50.36 (1) of the statutes is amended to read:

AB40,717,2 50.36 (1) The department shall promulgate, adopt, amend and enforce such rules and standards for hospitals for the construction, maintenance and operation of the hospitals deemed necessary to provide safe and adequate care and treatment of the patients in the hospitals and to protect the health and safety of the patients and employees; and nothing contained herein shall pertain to a person licensed to practice medicine and surgery or dentistry. The building codes and construction standards of the department of commerce safety and professional services shall apply to all hospitals and the department may adopt additional construction codes and standards for hospitals, provided they are not lower than the requirements of the department of commerce safety and professional services. Except for the construction codes and standards of the department of commerce safety and professional services and except as provided in s. 50.39 (3), the department shall be the sole agency to adopt and enforce rules and standards pertaining to hospitals.

AB40, s. 1661 Section 1661. 50.36 (6) of the statutes is amended to read:

AB40,717,7 50.36 (6) If the department receives a credible complaint that a pharmacy located in a hospital has violated its duty to dispense contraceptive drugs and devices under s. 450.095 (2), the department shall refer the complaint to the department of regulation and licensing safety and professional services.

AB40, s. 1662 Section 1662. 50.38 (10) of the statutes is amended to read:

AB40,717,15 50.38 (10) In each state fiscal year, the secretary of administration shall transfer from the critical access hospital assessment fund to the Medical Assistance trust fund an amount equal to the amount collected under sub. (2) (b) minus the state share of the amount required to be expended under s. 49.45 (3) (e) 12., minus the amounts appropriated under s. ss. 20.280 (1) (qe) and (qj) and 20.285 (1) (qe) and (qj), and minus any refunds paid to critical access hospitals from the critical access hospital assessment fund under sub. (6m) (a) in that fiscal year.

AB40, s. 1663 Section 1663. 51.03 (6) of the statutes is repealed.

AB40, s. 1664 Section 1664. 51.35 (5) of the statutes is amended to read:

AB40,717,25 51.35 (5) Residential living arrangements; transitionary services. The department and any person, director, or board authorized to discharge or transfer patients under this section shall ensure that a proper residential living arrangement and the necessary transitionary services are available and provided for the patient being discharged or transferred. Under this subsection, a proper residential living arrangement may not include a shelter facility, as defined under s. 560.9808 234.5608 (1) (d), unless the discharge or transfer to the shelter facility is made on an emergency basis for a period not to exceed 10 days.

AB40, s. 1665 Section 1665. 51.42 (3) (a) of the statutes is amended to read:

AB40,718,10 51.42 (3) (a) Creation. Except as provided under s. 46.23 (3) (b), the county board of supervisors of any county, or the county boards of supervisors of 2 or more contiguous counties, shall establish a county department of community programs on a single-county or multicounty basis to administer a community mental health, developmental disabilities, alcoholism and drug abuse program, make appropriations to operate the program and authorize the county department of community programs to apply for grants-in-aid under s. 51.423. The county department of community programs shall consist of a county community programs board, a county community programs director and necessary personnel.

AB40, s. 1666 Section 1666. 51.42 (7) (a) 7. of the statutes is amended to read:

AB40,718,17 51.42 (7) (a) 7. Develop a program in consultation with the department of regulation and licensing safety and professional services to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health services in evaluating community mental health programs in exchange for continuing education credits for the professionals under ss. 448.40 (2) (e) and 455.065 (5).

AB40, s. 1667 Section 1667. 51.437 (4g) (a) of the statutes is amended to read:

AB40,719,4 51.437 (4g) (a) Except as provided under par. (b) and ss. 46.21 (2m) (b) and 46.23 (3) (b), every county board of supervisors shall establish a county department of developmental disabilities services on a single-county or multicounty basis to furnish services within its county. Adjacent counties, Counties lacking the financial resources and professional personnel needed to provide or secure such services on a single-county basis, may and shall be encouraged to combine their energies and financial resources to provide these joint services and facilities with the approval of the department of health services. The county department of developmental disabilities services shall consist of a county developmental disabilities services board, a county developmental disabilities services director and necessary personnel.

AB40, s. 1668 Section 1668. 55.043 (4) (b) 5. of the statutes is amended to read:

AB40,719,9 55.043 (4) (b) 5. Refer the case to the department of regulation and licensing safety and professional services if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.

AB40, s. 1669 Section 1669. 59.22 (2) (c) 2. of the statutes is amended to read:

AB40,719,15 59.22 (2) (c) 2. No action of the board may be contrary to or in derogation of the rules of the department of children and families under s. 49.78 (4) to (7) 49.19 (19g) relating to employees administering old-age assistance, aid to families with dependent children, aid to the blind, or aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

AB40, s. 1670 Section 1670. 59.27 (10) of the statutes is amended to read:

AB40,719,19 59.27 (10) To enforce in the county all general orders of the department of commerce safety and professional services relating to the sale, transportation and storage of explosives.