AB64: Bill Text

AB64,87 Section 87. 16.009 (1) (gr) of the statutes is amended to read:

AB64,69,4 16.009 (1) (gr) “Ombudsman" means the state long-term care ombudsman, as specified in sub. (4) (a), or any employee or volunteer who is a representative of the office and who is designated by the state long-term care ombudsman to fulfill the duties under this section, 42 USC 3058g, and 45 CFR 1324.

AB64,88 Section 88. 16.009 (1) (gv) of the statutes is created to read:

AB64,69,8 16.009 (1) (gv) “Program of all-inclusive care for the elderly” means in integrated health and long-term care program operated under 42 USC 1395eee or 1396u-4.

AB64,89 Section 89. 16.009 (1) (h) of the statutes is repealed.

AB64,90 Section 90 . 16.009 (1) (k) of the statutes is created to read:

AB64,69,12 16.009 (1) (k) “Self-directed services option” has the meaning given in s. 46.2899 (1).

AB64,91 Section 91 . 16.009 (2) (a) of the statutes is amended to read:

AB64,69,16 16.009 (2) (a) Appoint an executive director within the classified service who shall serve as the state long-term care ombudsman as specified under sub. (4) (a) and who shall employ staff within the classified service.

AB64,92 Section 92. 16.009 (2) (b) 1. of the statutes is amended to read:

AB64,69,24 16.009 (2) (b) 1. Investigate complaints from any person concerning improper conditions or treatment of aged or disabled persons who are 60 years of age or older and who receive long-term care in certified or licensed long-term care facilities or under programs administered by state or federal governmental agencies or concerning noncompliance with or improper administration of federal statutes or regulations or state statutes or rules related to long-term care for the aged or disabled persons who are 60 years of age or older.

AB64,93 Section 93. 16.009 (2) (b) 2. of the statutes is amended to read:

AB64,70,3 16.009 (2) (b) 2. Serve as mediator or advocate to resolve any problem or dispute relating to long-term care for the aged or disabled persons who are 60 years of age or older.

AB64,94 Section 94. 16.009 (2) (b) 3. of the statutes is created to read:

AB64,70,6 16.009 (2) (b) 3. Comply with the requirements of 42 USC 3058f to 3058h and 45 CFR 1321 and 1324.

AB64,95 Section 95. 16.009 (2) (d) of the statutes is amended to read:

AB64,70,10 16.009 (2) (d) Promote public education, planning , and voluntary acts to resolve problems and improve conditions involving long-term care for the aged or disabled persons who are 60 years of age or older.

AB64,96 Section 96. 16.009 (2) (e) of the statutes is amended to read:

AB64,70,15 16.009 (2) (e) Monitor, evaluate, and make recommendations concerning the development and implementation of federal, state, and local laws, regulations, rules, ordinances, and policies that relate to long-term care facilities and programs for the aged or disabled persons who are 60 years of age or older.

AB64,97 Section 97. 16.009 (2) (em) of the statutes is amended to read:

AB64,70,20 16.009 (2) (em) Monitor, evaluate, and make recommendations concerning long-term community support services received by clients of the long-term support community options program under s. 46.27, the family care program, the Family Care Partnership Program, and the program of all-inclusive care for the elderly.

AB64,98 Section 98. 16.009 (2) (f) of the statutes is amended to read:

AB64,71,4 16.009 (2) (f) As a result of information received while investigating complaints and resolving problems or disputes, publish material that assesses collect and publish materials that assess existing inadequacies in federal and state laws, regulations, and rules concerning long-term care for the aged or disabled persons who are 60 years of age or older. The board shall initiate legislation as a means of correcting collaborate with appropriate state agencies on efforts to resolve systemic concerns and shall recommend to the governor and the legislature legislation to remedy these inadequacies.

AB64,99 Section 99. 16.009 (2) (h) of the statutes is amended to read:

AB64,71,8 16.009 (2) (h) Conduct statewide hearings on issues of concern to aged or disabled persons who are 60 years of age or older and who are receiving or who may receive long-term care.

AB64,100 Section 100. 16.009 (2) (i) of the statutes is amended to read:

AB64,71,17 16.009 (2) (i) Report annually to the governor and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall set forth the scope of the programs for providing long-term care for the aged or disabled persons who are 60 years of age or older developed in the state, the findings regarding the state's activities in the field of long-term care for the aged and disabled persons who are 60 years of age or older, any recommendations for a more effective and efficient total program, and the actions taken by the agencies of the state to carry out the board's recommendations.

AB64,101 Section 101. 16.009 (2) (p) (intro.) of the statutes is amended to read:

AB64,72,7 16.009 (2) (p) (intro.) Employ staff within the classified service or contract with one or more organizations to provide advocacy services to potential or actual recipients enrollees of the family care benefit, as defined in s. 46.2805 (4), or their families or guardians program, the Family Care Partnership Program, or the program of all-inclusive care for the elderly or potential or actual recipients of the self-directed services option. The board and contract organizations under this paragraph shall assist these persons in protecting their rights under all applicable federal statutes and regulations and state statutes and rules. An organization with which the board contracts for these services may not be a provider, nor an affiliate of a provider, of long-term care services, a resource center under s. 46.283 or a care management organization under s. 46.284. For potential or actual recipients of the self-directed services option who are 60 years of age or older and for enrollees of the family care benefit program who are 60 years of age or older, advocacy services required under this paragraph shall include all of the following:

AB64,102 Section 102 . 16.009 (2) (p) 5. of the statutes is amended to read:

AB64,72,11 16.009 (2) (p) 5. Providing individual case advocacy services in administrative hearings and legal representation for judicial proceedings regarding self-directed services option or family care services or benefits.

AB64,103 Section 103. 16.009 (3) (intro.) of the statutes is amended to read:

AB64,72,13 16.009 (3) (intro.) The board may shall:

AB64,104 Section 104. 16.009 (3) (a) of the statutes is amended to read:

AB64,72,18 16.009 (3) (a) Contract with any state agency to carry Carry out the board's long-term care ombudsman activities, as described in 42 USC 3058g (a) (2) and 45 CFR 1321 and 1324, and the activities of the Medigap Helpline program as specified in sub. (2) (j).

AB64,105 Section 105. 16.009 (3) (bm) of the statutes is amended to read:

AB64,72,22 16.009 (3) (bm) Employ an attorney for provision of legal services in accordance with requirements of the long-term care ombudsman program under 42 USC 3027 (a) (12) and 42 USC 3058g (g), as specified in 45 CFR 1324.15 (j).

AB64,106 Section 106. 16.009 (4) (a) of the statutes is amended to read:

AB64,73,5 16.009 (4) (a) The board shall operate the office in order to carry out the requirements of the long-term care ombudsman program, as defined in 42 USC 3058g (a) (2), under 42 USC 3027 (a) (12) (A) and 42 USC 3058f to 3058h and in compliance with 42 CFR 1321 and 1324. The executive director of appointed by the board shall serve as the state long-term care ombudsman under the office. The executive director of the board may delegate operation of the office to the staff employed under sub. (2) (a), as designated representatives of the ombudsman.

AB64,107 Section 107. 16.009 (4) (b) (intro.) of the statutes is amended to read:

AB64,73,9 16.009 (4) (b) (intro.) The ombudsman or his or her designated representative may have the following access to clients, residents, enrollees, and long-term care facilities:

AB64,108 Section 108. 16.009 (4) (d) of the statutes is amended to read:

AB64,73,15 16.009 (4) (d) An ombudsman acting as specified under 45 CFR 1324.11 (e) (2) (vii) is not subject to the provisions of the federal privacy rule under 45 CFR 160.101 to 164.534. A long-term care facility or personnel of a long-term care facility that disclose information make a disclosure as authorized under this subsection are not liable for that disclosure.

AB64,109 Section 109. 16.009 (4) (e) (intro.) of the statutes is amended to read:

AB64,73,22 16.009 (4) (e) (intro.) Information A disclosure of information of the office relating to a client, complaints, or investigations under the program may be disclosed made only at the discretion of the ombudsman or his or her designated representative. The identity of A disclosure of information relating to a client or named witness or of a resident who is not a client may be revealed made under this paragraph only if one of the following conditions is met:

AB64,110 Section 110 . 16.009 (5) (a) 3. of the statutes is created to read:

AB64,74,2 16.009 (5) (a) 3. Willfully interfere with the actions of an ombudsman by acting or attempting to act to intentionally prevent, interfere with, or impede the ombudsman from performing any of the functions or responsibilities under this section.

AB64,111 Section 111. 16.047 of the statutes is created to read:

AB64,74,4 16.047 Volkswagen settlement funds. (1) Definitions. In this section:

AB64,74,5 (a) “Settlement funds” means moneys received by the state from the trustee.

AB64,74,7 (b) “Settlement guidelines” means the eligible mitigation actions established under the partial consent decree specified in par. (d), as approved by the trustee.

AB64,74,8 (c) “State agency” has the meaning given in s. 20.001 (1).

AB64,74,12 (d) “Trustee” means the trustee of the environmental mitigation trust required to be established under the partial consent decree entered on October 25, 2016, by the United States District Court for the Northern District of California, San Francisco Division, Case No: MDL No. 2672 CRB (JSC).

AB64,74,16 (2) Replacement of state vehicles. (a) From the appropriation under s. 20.855 (4) (h), the department may use settlement funds for the payment of all costs incurred in accordance with the settlement guidelines to replace vehicles in the state fleet.

AB64,74,18 (b) Any use of settlement funds under par. (a) shall take precedence over any distribution under sub. (4).

AB64,74,20 (c) The department may expend no more than $16,000,000 under par. (a) during the 2017-19 fiscal biennium.

AB64,74,25 (3) State agency lapses. If the department replaces a state agency's vehicle under sub. (2) (a), the secretary may calculate the general purpose revenue or program revenue savings for the state agency resulting from expenditures under s. 20.855 (4) (h) and may lapse to the general fund from the state agency's general purpose revenue or program revenue appropriations the amount calculated.

AB64,75,8 (4) Distribution to populous county. From the appropriation under s. 20.855 (4) (h), the department shall distribute $26,000,000 in settlement funds to a county that, on the effective date of this subsection .... [LRB inserts date], has a population of 750,000 or more. The county may use the settlement funds for the payment of all costs incurred by the county in accordance with the settlement guidelines to replace vehicles owned by the county. Any distribution under this subsection is subject to the approval of the trustee and is subject to the receipt by the department of sufficient settlement funds to make the distribution.

AB64,75,9 (5) Sunset. This section does not apply after June 30, 2027.

AB64,112 Section 112. 16.25 (3) (d) 1. of the statutes is amended to read:

AB64,75,20 16.25 (3) (d) 1. Subject to subd. 2., the department shall match double all annual municipal contributions paid for volunteer fire fighters, first responders, and emergency medical technicians up to $250 $500 per fiscal year, other than contributions paid for the purchase of additional years of service under par. (e), to be paid from the appropriation account under s. 20.505 (4) (er). This amount shall be adjusted annually on July 1 to reflect any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12-month period ending on the preceding December 31. The department shall pay all amounts that are matched under this paragraph to the individuals and organizations offering the plans selected by the municipalities.

AB64,113 Section 113. 16.25 (3) (g) of the statutes is amended to read:

AB64,76,11 16.25 (3) (g) A volunteer fire fighter, first responder, or emergency medical technician shall be paid a length of service award either in a lump sum or in a manner specified by rule, consisting of all municipal and state contributions made on behalf of the volunteer fire fighter, first responder, or emergency medical technician and all earnings on the contributions, less any expenses incurred in the investment of the contributions and earnings, after the volunteer fire fighter, first responder, or emergency medical technician attains 20 15 years of service for a municipality and reaches the age of 60 53. If a volunteer fire fighter, first responder, or emergency medical technician has satisfied all vesting requirements under the program but has less than 20 15 years of service for a municipality or has not reached the age of 60 53, the program shall provide for the payment of a length of service award either in a lump sum or in a manner specified by rule in an amount to be determined by the department, but less than the amount paid to a volunteer fire fighter, first responder, or emergency medical technician who has attained 20 15 years of service for a municipality and has reached the age of 60 53.

AB64,114 Section 114. 16.255 (title) of the statutes is renumbered 224.51 (title).

AB64,115 Section 115. 16.255 (1) of the statutes is renumbered 224.51 (1m), and 224.51 (1m) (intro.), as renumbered, is amended to read:

AB64,76,17 224.51 (1m) (intro.) The department shall determine the factors to be considered in selecting a vendor of the program under s. 16.641 224.50, which shall include:

AB64,116 Section 116. 16.255 (2) of the statutes is renumbered 224.51 (2) and amended to read:

AB64,76,23 224.51 (2) The department shall solicit competitive sealed proposals under s. 16.75 (2m) from nongovernmental persons to serve as vendor of the college savings program. The department shall select the vendor based upon factors determined by the department under sub. (1) (1m).

AB64,117 Section 117. 16.255 (3) of the statutes is renumbered 224.51 (3), and 224.51 (3) (d), as renumbered, is amended to read:

AB64,77,2 224.51 (3) (d) That the vendor communicate to the beneficiary and account owner the requirements of s. 16.641 224.50 (8).

AB64,118 Section 118. 16.303 (2) (c) of the statutes is repealed.

AB64,119 Section 119. 16.306 (title) of the statutes is amended to read:

AB64,77,5 16.306 (title) Transitional housing Housing grants.

AB64,120 Section 120. 16.306 (1) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 16.306 (1) (intro.) and amended to read:

AB64,77,9 16.306 (1) Definitions Definition. (intro.) In this section: (a) (intro.) “Eligible, “eligible applicant" means any of the following:

AB64,121 Section 121 . 16.306 (1) (a) 1., 2., 3., 4. and 5. of the statutes are renumbered 16.306 (1) (am), (bm), (c), (d) and (e).

AB64,122 Section 122. 16.306 (1) (b) of the statutes is repealed.

AB64,123 Section 123. 16.306 (2) (a) of the statutes is amended to read:

AB64,77,20 16.306 (2) (a) From the appropriation under s. 20.505 (7) (fm), the department may award a grant to an eligible applicant for the purpose of providing transitional housing and associated supportive services to homeless individuals and families to facilitate their movement to independent living if the conditions under par. (b) are satisfied. The department shall ensure that the funds for the grants are reasonably balanced among geographic areas of the state, consistent with the quality of applications submitted.

AB64,124 Section 124. 16.306 (2) (b) (intro.) of the statutes is amended to read:

AB64,77,23 16.306 (2) (b) (intro.) A recipient of a grant under par. (a) shall agree to use the grant to support a transitional housing program that does all of the following:

AB64,125 Section 125. 16.306 (2) (b) 6. of the statutes is repealed.

AB64,126 Section 126. 16.306 (3) (b) of the statutes is amended to read:

AB64,78,1 16.306 (3) (b) The length of stay in transitional housing of each person served.

AB64,127 Section 127. 16.306 (3) (c) of the statutes is amended to read:

AB64,78,4 16.306 (3) (c) The housing and employment status of each person served, at the time that the person leaves the transitional housing program.

AB64,128 Section 128. 16.306 (3) (d) of the statutes is amended to read:

AB64,78,8 16.306 (3) (d) Any other information that the department determines to be necessary to evaluate the effectiveness of the transitional housing program operated by the recipient.

AB64,129 Section 129. 16.3085 of the statutes is created to read: