Amendment ASA1-AB75

AB75-ASA1, s. 1376g Section 1376g. 49.826 of the statutes is created to read:

AB75-ASA1,636,22 49.826 Administration of child care provider services in certain counties. (1) Definitions. In this section:

AB75-ASA1,636,23 (a) "County" means a county having a population of 500,000 or more.

AB75-ASA1,636,24 (b) "Department" means the department of children and families.

AB75-ASA1,636,25 (c) "Secretary" means the secretary of children and families.

AB75-ASA1,636,26 (d) "Unit" means the child care provider services unit.

AB75-ASA1,637,4 (2) Establishment of unit. (a) The department may establish a child care provider services unit under s. 15.02 (3) (c) 3. to perform any of the following administrative functions under the program under s. 49.155 in a county:

AB75-ASA1,637,5 1. Certify day care providers under s. 48.651.

AB75-ASA1,637,6 2. Provide child care program integrity services under s. 49.197 (2).

AB75-ASA1,637,9 3. Annually perform a survey of market child care rates, as directed by the department, and determine maximum reimbursement rates, if the department so directs.

AB75-ASA1,637,12 4. Assist individuals who are eligible for child care subsidies under s. 49.155 to identify available child care providers and select appropriate child care arrangements.

AB75-ASA1,637,15 (b) The department may enter into a contract with a county that provides for the performance by the county of any of the administrative functions under this subsection in the county.

AB75-ASA1,637,17 (c) The department shall reimburse a county for all approved, allowable costs that are incurred by the county under a contract with the department under par. (b).

AB75-ASA1,637,24 (3) Division of employment-related functions. (a) Supervisory personnel in the unit shall be state employees. Nonsupervisory staff performing services under this section for the unit in a county may be a combination of state employees and employees of the county. For the performance of services under this section for the unit, a county shall maintain no fewer represented authorized full-time employee positions than the number of represented full-time employee positions that were authorized on February 1, 2009, for performance of the same types of services.

AB75-ASA1,638,4 (b) 1. The department shall have the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline, and adjust grievances with respect to, and state supervisory employees may supervise, county employees performing services under this section for the unit.

AB75-ASA1,638,7 2. For the purposes under subd. 1., the department shall use the same process and procedures under ch. 230 that are used for the classified service of the state civil service system, including specifically the use of probationary periods under s. 230.28.

AB75-ASA1,638,10 3. County employees performing services under this section for the unit in a county shall be subject to the residency requirements that apply to other county employees under the county's civil service rules.

AB75-ASA1,638,16 4. The department may enter into a memorandum of understanding, as described under s. 111.70 (3p), with the certified representative of the county employees performing services under this section in the county for the unit. If there is a dispute as to hours or conditions of employment that remains between the department and the certified representative after a good faith effort to resolve it, the department may unilaterally resolve the dispute.

AB75-ASA1,638,19 (c) A county shall perform all administrative tasks related to payroll and benefits for the county employees performing services under this section in the county for the unit.

AB75-ASA1,638,24 (4) Treatment of former county employees appointed to state employee positions in the unit. All of the following shall apply to an employee who is appointed to a state employee position in the unit after the effective date of this subsection .... [LRB inserts date], and who, immediately prior to his or her appointment, was a county employee:

AB75-ASA1,639,3 (a) The employee shall serve any applicable probationary period under s. 230.28, but shall have his or her seniority with the state computed by treating the employee's total service with the county as state service.

AB75-ASA1,639,5 (b) Annual leave for the employee shall accrue at the rate provided in s. 230.35 using the employee's state service computed under par. (a).

AB75-ASA1,639,14 (c) 1. The employee may remain a participating employee in the retirement system established under chapter 201, laws of 1937. To remain under the retirement system established under chapter 201, laws of 1937, the employee must exercise this option in writing, on a form provided by the department, at the time the employee is appointed to a state employee position. The employee shall exercise this option, in writing, no later than 10 days after the employee is appointed to a state employee position. An employee's decision to remain a participating employee in the retirement system established under chapter 201, laws of 1937, is irrevocable during the period that the employee is holding a state employee position in the unit.

AB75-ASA1,639,17 2. The secretary shall pay, on behalf of the employee, all required employer contributions under the retirement system established under chapter 201, laws of 1937.

AB75-ASA1,640,2 (d) The employee shall have his or her sick leave accrued with the state computed by treating the employee's unused balance of sick leave accrued with the county as sick leave accrued in state service, but not to exceed the amount of sick leave the employee would have accrued in state service for the same period, if the employee is able to provide adequate documentation in accounting for sick leave used during the accrual period with the county. Sick leave that transfers under this paragraph is not subject to a right of conversion, under s. 40.05 (4) or otherwise, upon death or termination of creditable service for payment of health insurance benefits on behalf of the employee or the employee's dependents.

AB75-ASA1, s. 1377 Section 1377. 49.83 of the statutes is amended to read:

AB75-ASA1,640,14 49.83 Limitation on giving information. Except as provided under s. ss. 49.25 and 49.32 (9), (10), and (10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social services, child and spousal support and establishment of paternity and medical support liability services under s. 49.22, or supplemental payments under s. 49.77 for any purpose not connected with the administration of the programs, except that the department of children and families may disclose such information to the department of revenue for the sole purpose of administering state taxes. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB75-ASA1, s. 1378 Section 1378. 49.84 (3) of the statutes is repealed.

AB75-ASA1, s. 1379 Section 1379. 49.84 (4) of the statutes is repealed.

AB75-ASA1, s. 1380 Section 1380. 49.895 of the statutes is created to read:

AB75-ASA1,640,18 49.895 Insurance claim intercept. (1) In this section:

AB75-ASA1,640,21 (a) "Medical assistance liability" means an amount that the department of health services may recover under s. 49.497, 49.847, or 49.89, excluding an amount under s. 49.497 (1r).

AB75-ASA1,640,23 (b) "Support liability" means an amount that is entered in the statewide support lien docket under s. 49.854.

AB75-ASA1,641,3 (2) Subject to sub. (5), before paying an insurance claim of $500 or more to any individual, an insurer that is authorized to do business in this state shall do all of the following:

AB75-ASA1,641,6 (a) Verify with the department of health services, in the manner required by that department, whether the individual to whom the claim is to be paid has a medical assistance liability.

AB75-ASA1,641,8 (b) Check the statewide support lien docket to determine whether the individual to whom the claim is to be paid has a support liability.

AB75-ASA1,641,11 (3) If an individual to whom a claim of $500 or more is to be paid has a support liability or a medical assistance liability, or both, the insurer shall distribute the claim proceeds as follows:

AB75-ASA1,641,14 (a) First, if there is a support liability, to the department of children and families to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.

AB75-ASA1,641,17 (b) Next, if there is a medical assistance liability, to the department of health services to pay the medical assistance liability, up to the amount of the medical assistance liability or the amount of the claim proceeds remaining, whichever is less.

AB75-ASA1,641,18 (c) Last, to the individual, the remainder of the claim proceeds, if any.

AB75-ASA1,641,23 (4) The department of health services shall promulgate rules for the administration of this section, including procedures for insurers to follow and any notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this subsection may be promulgated as emergency rules under s. 227.24 without a finding of emergency.

AB75-ASA1,641,25 (5) (a) Except as provided in par. (b), this section applies only to the following types of insurance payments:

AB75-ASA1,641,26 1. Motor vehicle insurance payments.

AB75-ASA1,642,2 2. Casualty insurance payments.

AB75-ASA1,642,3 3. Liability insurance payments.

AB75-ASA1,642,4 4. Malpractice insurance payments.

AB75-ASA1,642,5 5. Worker's compensation insurance payments.

AB75-ASA1,642,6 (b) This section does not apply to the following types of insurance payments:

AB75-ASA1,642,7 1. Life insurance payments.

AB75-ASA1,642,9 2. Property insurance payments, including homeowner's and renter's insurance payments.

AB75-ASA1,642,10 3. Long-term care insurance payments.

AB75-ASA1,642,11 4. Health insurance payments.

AB75-ASA1, s. 1381 Section 1381. 49.96 of the statutes is amended to read:

AB75-ASA1,642,18 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 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment , and every other process and shall be inalienable.

AB75-ASA1, s. 1382 Section 1382. 50.01 (1) (intro.) of the statutes is amended to read:

AB75-ASA1,642,21 50.01 (1) (intro.) "Adult family home" means one of the following and does not include a place that is specified in sub. (1g) (a) to (d), (f), or (g):

AB75-ASA1, s. 1383 Section 1383. 50.01 (1) (a) 1. of the statutes is amended to read:

AB75-ASA1,643,7 50.01 (1) (a) 1. Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in s. 51.01 (5), or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4, or more adults or children if all of the adults or all of the children are siblings, or, if the residence is licensed as a treatment foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4.

AB75-ASA1, s. 1384 Section 1384. 50.01 (1) (a) 2. of the statutes is amended to read:

AB75-ASA1,643,11 50.01 (1) (a) 2. The private residence was licensed under s. 48.62 as a foster home or treatment foster home for the care of the adults specified in subd. 1. at least 12 months before any of the adults attained 18 years of age.

AB75-ASA1, s. 1385 Section 1385. 50.01 (1) (b) of the statutes is amended to read:

AB75-ASA1,643,17 50.01 (1) (b) A place where 3 or 4 adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to 7 hours per week of nursing care per resident. "Adult family home" does not include a place that is specified in sub. (1g) (a) to (d), (f) or (g).

AB75-ASA1, s. 1386 Section 1386. 50.01 (1) (c) of the statutes is created to read:

AB75-ASA1,643,20 50.01 (1) (c) A place in which the operator provides care, treatment, support, or service above the level of room and board to up to 2 adults.

AB75-ASA1, s. 1387 Section 1387. 50.02 (1) of the statutes is amended to read:

AB75-ASA1,644,10 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 s. ss. 50.031 and 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 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".

AB75-ASA1, s. 1389 Section 1389. 50.03 (5g) (cm) of the statutes is created to read:

AB75-ASA1,644,18 50.03 (5g) (cm) If the department imposes a sanction on or takes other enforcement action against a community-based residential facility for a violation of this subchapter or rules promulgated under it, and the department subsequently conducts an on-site inspection of the community-based residential facility to review the community-based residential facility's action to correct the violation, the department may impose a $200 inspection fee on the community-based residential facility.

AB75-ASA1, s. 1390 Section 1390. 50.031 of the statutes is created to read:

AB75-ASA1,644,22 50.031 Certification of 1-bed and 2-bed adult family homes. (1) Definition. In this section, "adult family home" has the meaning given in s. 50.01 (1) (c).

AB75-ASA1,645,6 (2) Certification. (a) After the date on which the family care benefit under s. 46.286 is first made available in a county, no person may operate an adult family home in that county that provides residential care to a recipient of supplemental security income under 42 USC 1381 to 1383c, a recipient of the family care benefit under s. 46.286, or a recipient of services under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785, or under any other program operated under a waiver authorized by the secretary at the U.S. department of health and human services under 42 USC 1396n (b) or (c), unless the adult family home is certified by the department under par. (b) or (c).

AB75-ASA1,645,8 (b) The department shall certify an adult family home upon determining that the adult family home satisfies standards established under sub. (3).

AB75-ASA1,645,12 (c) The department shall certify an adult family home that was certified to receive payment for residential care under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785 by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 if the operator of the adult family home attests to all of the following:

AB75-ASA1,645,14 1. That the adult family home was certified by the county department and is at the same location as when certified by the county department.

AB75-ASA1,645,15 2. That the adult family home satisfies standards established under sub. (3).

AB75-ASA1,645,17 (d) Certification under par. (b) or (c) shall be valid until revoked by the department.

AB75-ASA1,645,19 (3) Standards. The department shall establish standards for certification under this section.

AB75-ASA1,645,22 (4) Investigation. The department may investigate complaints that an adult family home certified under this section violated a standard for certification under sub. (3).

AB75-ASA1,645,25 (5) Revocation. The department may revoke the certification of an adult family home that is certified under this section if the adult family home violates a standard established under sub. (3).

AB75-ASA1,646,2 (6) Fee. The department may charge a fee for certification under sub. (2) (a) and a fee for a certification under sub. (2) (b).

AB75-ASA1, s. 1391 Section 1391. 50.032 (2) of the statutes is amended to read:

AB75-ASA1,646,9 50.032 (2) Regulation. Standards Except as provided in sub. (2d), standards for operation of certified adult family homes and procedures for application for certification, monitoring, inspection, decertification and appeal of decertification under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 1. An adult family home certification is valid until decertified under this section. Certification is not transferable.

AB75-ASA1, s. 1392 Section 1392. 50.032 (2d) of the statutes is created to read:

AB75-ASA1,646,14 50.032 (2d) Accompaniment or visitation. If an adult family home has a policy on who may accompany or visit a patient, the adult family home shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch.770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1393 Section 1393. 50.033 (2) of the statutes is amended to read:

AB75-ASA1,647,2 50.033 (2) Regulation. Standards Except as provided in sub. (2d), standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $135 $171, except that the department may, by rule, increase the amount of the fee. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department, on a schedule determined by the department if the department licenses the adult family home under sub. (1m) (b).

AB75-ASA1, s. 1394 Section 1394. 50.033 (2d) of the statutes is created to read: