SB21: Bill Text

SB21,1751,18 (c) The insured participant in the Wisconsin Retirement System who is a retired employee.

SB21,1751,19 (2) Procurement position transfer.

SB21,1751,23 (a) Employee transfer. On the effective date of this paragraph, 1.0 FTE position and the incumbent employee holding the position in the department of employee trust funds who performs duties relating to procurement, as determined by the secretary of administration, is transferred to the department of administration.

SB21,1752,6 (b) Employee status. The employee transferred under paragraph (a ) has all the rights and the same status under chapter 230 of the statutes in the department of administration that he or she enjoyed in the department of employee trust funds immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB21,9113 Section 9113. Nonstatutory provisions; Employment Relations Commission.

SB21,9114 Section 9114. Nonstatutory provisions; Financial Institutions.

SB21,1752,9 (1) Merger with other agencies; name changes.

SB21,1752,10 (a) Agency name change.

SB21,1752,13 1. Wherever the term "department of financial institutions" appears in the statutes, as affected by the acts of 2015, the term "department of financial institutions and professional standards" is substituted.

SB21,1752,16 2. Wherever the term "secretary of financial institutions" appears in the statutes, as affected by the acts of 2015, the term "secretary of financial institutions and professional standards" is substituted.

SB21,1752,17 (b) Elimination of division of securities.

SB21,1752,21 1. Wherever the term "division of securities" or "division" appears in chapters 551, 552, and 553 of the statutes, as affected by the acts of 2015, the term "department" is substituted, except in sections 551.202 (26) (h) and (i) and 552.03 (1) (e) of the statutes.

SB21,1752,23 2. Wherever the term "division's" appears in chapter 553 of the statutes, as affected by the acts of 2015, the term "department's" is substituted.

SB21,1752,24 (c) Elimination of division of banking.

SB21,1753,4 1. Wherever the term "division of banking" appears in chapters 34, 138, and 227, subchapter I of chapter 218, and sections 214.592 and 215.141 of the statutes, as affected by the acts of 2015, the term "department of financial institutions and professional standards" is substituted.

SB21,1753,8 2. Wherever the term "division" appears in chapters 214, 215, and 217, subchapters II, III, and IV of chapter 218, and sections 138.09, 138.12, 138.14, and 138.16 of the statutes, as affected by the acts of 2015, the term "department" is substituted.

SB21,1753,11 3. Wherever the term "division" or "division of banking" appears in chapters 220, 221, 222, 223, and 224 of the statutes, as affected by the acts of 2015, the term "department" is substituted, except in section 224.77 (1m) (b) of the statutes.

SB21,1753,14 4. Wherever the term "division's" appears in chapters 138, 214, 215, 217, 218, 220, 221, 222, 223, and 224 of the statutes, as affected by the acts of 2015, the term "department's" is substituted.

SB21,1753,15 (2) Elimination of the department of financial institutions.

SB21,1753,18 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of financial institutions become the assets and liabilities of the department of financial institutions and professional standards.

SB21,1753,23 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the department of financial institutions, as determined by the secretary of administration, are transferred to the department of financial institutions and professional standards.

SB21,1754,5 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the department of financial institutions and professional standards or department of administration, whichever is appropriate, that they enjoyed in the department of financial institutions immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB21,1754,9 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of financial institutions is transferred to the department of financial institutions and professional standards.

SB21,1754,15 (e) Pending matters. Any matter pending with the department of financial institutions on the effective date of this paragraph is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of financial institutions are considered as having been submitted to or taken by the department of financial institutions and professional standards.

SB21,1754,21 (f) Contracts. All contracts entered into by the department of financial institutions in effect on the effective date of this paragraph remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

SB21,1755,3 (g) Rules and orders. All rules promulgated by the department of financial institutions in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions and professional standards. All orders issued by the department of financial institutions in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions and professional standards.

SB21,9115 Section 9115. Nonstatutory provisions; Government Accountability Board.

SB21,9116 Section 9116. Nonstatutory provisions; Governor.

SB21,9117 Section 9117. Nonstatutory provisions; Health and Educational Facilities Authority.

SB21,9118 Section 9118. Nonstatutory provisions; Health Services.

SB21,1755,11 (1) Community mental health allocation. Notwithstanding section 46.40 (7m) of the statutes, as created by this act, the department of health services may distribute one-half of the amount allocated for community mental health services in fiscal year 2015-16 after the effective date of this subsection.

SB21,1755,12 (2) Transfer of food safety, recreational facilities, and lodging.

SB21,1755,17 (a) Assets and liabilities. The assets and liabilities of the department of health services that the secretary of administration determines to be primarily related to food, lodging, and recreation oversight under sections 252.18, 254.47, and 254.61 to 254.87, 2013 stats., become the assets and liabilities of the department of agriculture, trade and consumer protection on the effective date of this paragraph.

SB21,1755,23 (b) Employee transfer. All incumbent employees who hold positions in the department of health services performing duties that the secretary of administration determines to be primarily related to sections 252.18, 254.47, and 254.61 to 254.87, 2013 stats., and the full-time equivalent positions held by those employees, are transferred to the department of agriculture, trade and consumer protection on the effective date of this paragraph.

SB21,1756,6 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the department of agriculture, trade and consumer protection that they enjoyed in the department of health services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB21,1756,12 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health services that the secretary of administration determines to be primarily related to food, lodging, and recreation oversight under sections 252.18, 254.47, and 254.61 to 254.87, 2013 stats., is transferred to the department of agriculture, trade and consumer protection.

SB21,1756,21 (e) Contracts. All contracts that were entered into by the department of health services that the secretary of administration determines to be primarily related to food, lodging, and recreation oversight under sections 252.18, 254.47, and 254.61 to 254.87, 2013 stats., and that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

SB21,1757,4 (f) Rules and orders. All rules in chapters DHS 172, 175, 178, 192, 195, 196, 196 appendix, 197, and 198, Wisconsin administrative code, and all other rules promulgated, and all orders issued, by the department of health services that the secretary of administration determines to be primarily related to sections 252.18, 254.47, and 254.61 to 254.87, 2013 stats., and that are in effect on the effective date of this paragraph shall remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

SB21,1757,12 (g) Pending matters. Any matter pending with the department of health services on the effective date of this paragraph that the secretary of administration determines to be related to food, lodging, and recreation oversight under section 252.18 or 254.47, or sections 254.61 to 254.87, 2013 stats., is transferred to the department of agriculture, trade and consumer protection, and all materials submitted to or actions taken by the department of health services with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

SB21,1757,14 (3) Transfer of body art and tanning facility regulation functions to the department of financial institutions and professional standards.

SB21,1757,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., become the assets and liabilities of the department of financial institutions and professional standards.

SB21,1757,25 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards.

SB21,1758,9 (c) Pending matters. Any matter pending with the department of health services that is primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., on the effective date of this paragraph is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., are considered as having been submitted to or taken by the department of financial institutions and professional standards.

SB21,1758,17 (d) Contracts. All contracts entered into by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., in effect on the effective date of this paragraph remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

SB21,1759,4 (e) Rules and orders. All rules in chapters DHS 161 and DHS 173, Wisconsin Administrative Code, and any other rules promulgated by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions and professional standards. All orders issued by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions and professional standards.

SB21,1759,8 (f) Credential fees. Notwithstanding sections 463.10 (3), 463.12 (3), and 463.25 (2) (b) of the statutes, fees for the issuance and renewal of licenses and permits issued under sections 463.10, 463.12, and 463.25 of the statutes shall, for years 2015 and 2016, be according to the rules described under paragraph (e).

SB21,1759,13 (4) Prescription drug assistance for elderly eligibility. Notwithstanding section 49.688 (2) of the statutes, as affected by this act, a person who is participating in the program under section 49.688 of the statutes on the effective date of this subsection is not required to comply with section 49.688 (2) (a) 6. of the statutes, as created by this act, before January 1, 2016.

SB21,1759,20 (5) Requirements for FoodShare employment and training program drug screening. If, during the 2015-17 fiscal biennium, the secretary of the federal department of agriculture approves the waiver requested under section 49.79 (9) (d) 1. of the statutes, as created by this act, the department of health services shall address, in the department's biennial budget request under section 16.42 of the statutes for the 2017-19 fiscal biennium, any future fiscal impact resulting from actions taken under section 49.79 (9) (d) 2. of the statutes, as created by this act.

SB21,1760,2 (6) Requirements for assistance for childless adults demonstration project. If, during the 2015-17 fiscal biennium, the secretary of the federal department of health and human services approves, in whole or in part, the amendment to the waiver under section 49.45 (23) (a) of the statutes that is requested under section 49.45 (23) (g) 1. of the statutes, as created by this act, the department of health services shall do all of the following:

SB21,1760,7 (a) Identify, in its quarterly report to the joint committee on finance under section 49.45 (2n) of the statutes, any costs incurred or savings realized in the 2015-17 fiscal biennium as a result of actions taken under section 49.45 (23) (g) 1. a. to e. of the statutes, as created by this act, as approved by the secretary of the federal department of health and human services.

SB21,1760,12 (b) Address, in the department's biennial budget request under section 16.42 of the statutes for the 2017-19 fiscal biennium, any future fiscal impact resulting from actions taken under section 49.45 (23) (g) 1. a. to e. of the statutes, as created by this act, as approved by the secretary of the federal department of health and human services.

SB21,1760,16 (7) Mental health crisis services grants. From the appropriation account under section 20.435 (2) (gk) of the statutes, the department of health services shall award a total of $1,500,000 in fiscal year 2015-16 as onetime grants to counties for mental health crisis services.

SB21,1760,17 (8) Disproportionate share hospital payments.

SB21,1760,24 (a) Subject to paragraph (c) and notwithstanding section 49.45 (3) (e) of the statutes, from the appropriation accounts in section 20.435 (4) (b) and (o) of the statutes, the department of health services shall pay to hospitals that serve a disproportionate share of low-income patients a total of $35,910,900 in fiscal year 2015-16 and $35,842,300 in fiscal year 2016-17. The department of health services may make a payment to a hospital under this subsection under the calculation method described in paragraph (b ) if the hospital meets all of the following criteria:

SB21,1760,25 1. The hospital is located in this state.

SB21,1761,2 2. The hospital provides a wide array of services, including services provided through an emergency department.

SB21,1761,5 3. The inpatient days for Medical Assistance recipients at the hospital was at least 6 percent of the total inpatient days at that hospital during the most recent year for which such information is available.

SB21,1761,8 4. The hospital meets applicable, minimum requirements to be a disproportionate share hospital under 42 USC 1396r-4 and any other applicable federal law.

SB21,1761,10 (b) The department of health services shall comply with all of the following when making payments to hospitals described in paragraph (a):

SB21,1761,13 1. The department of health services shall distribute the total amount of moneys described under paragraph (a ) to be paid to hospitals with a disproportionate share of low-income patients by doing all of the following:

SB21,1761,16 a. Dividing the number of Medical Assistance recipient inpatient days at a hospital by the number of total inpatient days at the hospital to obtain the percentage of Medical Assistance recipient inpatient days at that hospital.

SB21,1761,21 b. Subject to subdivisions 2. and 3 ., providing an increase to the inpatient fee-for-service base rate for each hospital that qualifies for a disproportionate share hospital payment such that the hospital's overall fee-for-service add-on percentage under this subsection increases as the hospital's percentage of Medical Assistance recipient inpatient days increases.

SB21,1761,25 2. The department of health services shall set the addition to the supplemental funding at a level that ensures the total amount of moneys available to pay hospitals with a disproportionate share of low-income patients is distributed in each fiscal year.

SB21,1762,3 3. The department of health services shall limit the maximum payment to hospitals such that at least one of the following is true for disproportionate share hospital payments under this subsection in a fiscal year:

SB21,1762,4 a. No single hospital receives more than $2,500,000.

SB21,1762,6 b. The amount of payment is in accordance with federal rules concerning the hospital specific limit.

SB21,1762,11 (c) If the department of health services needs data to calculate the payments under this subsection other than the data available from the Medicaid Management Information System, the fiscal survey data, or the federal centers for Medicare and Medicaid services public records, the department of health services shall collect the necessary data from hospitals.

SB21,1763,7 (d) The department of health services shall seek any necessary approval from the federal department of health and human services to implement the hospital payment methodology described under paragraphs (a ) and (b). If approval is necessary and approval from the federal department of health and human services is received, the department of health services shall implement the payment methodology described under paragraphs (a ) and (b). If approval is necessary and the department of health services and the federal department of health and human services negotiate a methodology for making payments to hospitals with a disproportionate share of low-income patients that is different from the methodology described under paragraphs (a ) and (b), the department of health services, before implementing the negotiated payment methodology, shall submit to the joint committee on finance the negotiated payment methodology. If the cochairpersons of the committee do not notify the department of health services within 14 working days after the date of the submittal by the department of health services that the committee has scheduled a meeting for the purpose of reviewing the negotiated payment methodology, the department of health services may implement the negotiated payment methodology. If, within 14 working days after the date of the submittal by the department of health services, the cochairpersons of the committee notify the department of health services that the committee has scheduled a meeting for the purpose of reviewing the negotiated payment methodology, the negotiated payment methodology may be implemented only on approval of the committee.

SB21,1763,8 (9) Changes to family care program.

SB21,1763,9 (a) Definitions. In this subsection:

SB21,1763,10 1. "Department" means the department of health services.

SB21,1763,13 2. "Family Care Partnership Program" means an integrated health and long-term care program operated under an amendment to the state Medical Assistance plan under 42 USC 1396u-2 and a waiver under 42 USC 4396n (c).

SB21,1763,16 3. "Family care program" means the program under sections 46.2805 to 46.2895 of the statutes that provides the family care benefit as defined in section 46.2805 (4) of the statutes.

SB21,1763,18 4. "Program of all-inclusive care for the elderly" means an integrated health and long-term care program operated under 42 USC 1395eee or 1396u-4.

SB21,1763,23 (b) Waiver request; generally. The department shall request any approval from and shall submit any amendments or waiver requests to the federal department of health and human services that are necessary to implement changes to the family care program, the program of all-inclusive care for the elderly, or the Family Care Partnership Program, including all of the following:

SB21,1764,2 1. Administration by care management organizations of the family care program statewide instead of by geographic region, unless the department allows the care management organization a waiver to administer the family care benefit in a specific geographic region.

SB21,1764,4 2. Addition of any primary and acute health care services selected by the department as a benefit under the family care program.

SB21,1764,7 3. Selection under section 46.284 (2) (bm) of the statutes as a care management organization of any applicant that the department certifies meets the qualifications instead of using the competitive procurement process.

SB21,1764,10 4. Requirement under section 46.286 (3g) of the statutes that an enrollee change care management organizations only during an open enrollment period specified by the department.

SB21,1764,12 5. Prevention of the creation of new long-term care districts and dissolution of existing long-term care districts under section 46.2895 of the statutes.

SB21,1764,14 6. Elimination of the insurance requirements for care management organizations under chapter 648 of the statutes.

SB21,1764,23 (c) Family care in all counties. The department shall request any approval or submit any waiver request necessary to the federal department of health and human services to administer the family care program in every county in the state. If the federal department of health and human services does not disapprove the request, the department shall ensure that the family care program is available to eligible residents of every county in the state by January 1, 2017, or by a date specified by the department, whichever is later. If the department specifies a later date than January 1, 2017, it shall submit a notice of that date to the legislative reference bureau for publication in the Wisconsin Administrative Register.

SB21,1765,3 (d) Waiver request not approved; saving provision. If the federal department of health and human services does not approve of any request or submission of waiver request under paragraph (b ) or (c) the department may administer that portion of the family care program under the applicable provision of sections 46.2805 to 46.2895, 2013 stats.

SB21,1765,10 (e) Other long-term care programs discontinued. If the federal department of health and human services does not disapprove the request to administer the family care program in every county in the state, the department may elect to discontinue enrollment of participants in or administration of any of the programs under sections 46.271, 46.275, 46.277, 46.278, or 46.2785 of the statutes at any time determined by the department that is after the date that the family care program is available to eligible residents of every county in the state under paragraph (c).

SB21,1765,17 (10) Merger of divisions into Medicaid services division. Before March 31, 2016, the department of health services shall submit to the state budget office in the department of administration a report of the final organization of the merger of the division of the department of health services relating to long-term care and the division of the department of health services relating to health care access and accountability into a single division of the department of health services relating to Medicaid services.

SB21,9119 Section 9119. Nonstatutory provisions; Higher Educational Aids Board.

SB21,9120 Section 9120. Nonstatutory provisions; Historical Society.

SB21,9121 Section 9121. Nonstatutory provisions; Housing and Economic Development Authority.

SB21,9122 Section 9122. Nonstatutory provisions; Insurance.