SB55-SSA1-CA1,306,2315 49.45 (21) (ar) If any provider Before a person may take over the operation of
16a provider that is liable for repayment of improper or erroneous payments or
17overpayments under ss. 49.43 to 49.497 sells or otherwise transfers ownership of his
18or her business or all or substantially all of the assets of the business, the transferor
19and transferee are each liable for the repayment. Prior to final transfer, the
20transferee is responsible for contacting the department and ascertaining if the
21transferor, full repayment shall be made. Upon request, the department shall notify
22the provider or the person that intends to take over the operation of the provider as
23to whether the provider is liable under this paragraph.

149.45 (21) (ag) In this subsection, "take over the operation" means obtain, with
2respect to an aspect of a provider's business for which the provider has filed claims
3for medical assistance reimbursement, any of the following:

SB55-SSA1-CA1,307,54 1. Ownership of the provider's business or all or substantially all of the assets
5of the business.

SB55-SSA1-CA1,307,66 2. Majority control over decisions.

SB55-SSA1-CA1,307,77 3. The right to any profits or income.

SB55-SSA1-CA1,307,98 4. The right to contact and offer services to patients, clients, or residents served
9by the provider.

SB55-SSA1-CA1,307,1210 5. An agreement that the provider will not compete with the person at all or
11with respect to a patient, client, resident, service, geographical area, or other part
12of the provider's business.

SB55-SSA1-CA1,307,1413 6. The right to perform services that are substantially similar to services
14performed by the provider at the same location as those performed by the provider.

SB55-SSA1-CA1,307,1615 7. The right to use any distinctive name or symbol by which the provider is
16known in connection with services to be provided by the person.

SB55-SSA1-CA1,308,218 49.45 (21) (b) If a transfer occurs If, notwithstanding the prohibition under par.
19(ar), a person takes over the operation of a provider and the applicable amount under
20par. (a) (ar) has not been repaid, the department may, in addition to withholding
21certification as authorized under sub. (2) (b) 8., proceed against either the transferor
22or the transferee the provider or the person. Within 30 days after receiving the
23certified provider receives notice from the department, the transferor or the
24transferee shall pay the amount shall be repaid in full. Upon failure to comply If the
25amount is not repaid in full, the department may bring an action to compel payment.

1If a transferor fails to pay within 90 days after receiving notice from the department,
2the department, may proceed under sub. (2) (a) 12. , or may do both.

SB55-SSA1-CA1,308,54 49.45 (21) (e) The department shall promulgate rules to implement this
5subsection.".

SB55-SSA1-CA1,308,128 49.45 (39) (a) 1. "School" means a public school described under s. 115.01 (1),
9a charter school, as defined in s. 115.001 (1), the Wisconsin Center for the Blind and
10Visually Impaired, or the Wisconsin School Educational Services Program for the
11Deaf and Hard of Hearing. It includes school-operated early childhood programs for
12developmentally delayed and disabled 4-year-old and 5-year-old children.

SB55-SSA1-CA1,309,214 49.45 (39) (am) Plan amendment. No later than September 30, 1995, the
15department shall submit to the federal department of health and human services an
16amendment to the state medical assistance plan to permit the application of pars. (b)
17and (c). If the amendment to the state plan is approved, school districts, cooperative
18educational service agencies, and the department of public instruction on behalf of
19the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School
20Educational Services Program for the Deaf and Hard of Hearing claim
21reimbursement under pars. (b) and (c). Paragraphs (b) and (c) do not apply unless
22the amendment to the state plan is approved and in effect. The department shall
23submit to the federal department of health and human services an amendment to the
24state plan if necessary to permit the application of pars. (b) and (c) to the Wisconsin

1Center for the Blind and Visually Impaired and the Wisconsin School Educational
2Services Program for the Deaf and Hard of Hearing.

SB55-SSA1-CA1,310,124 49.45 (39) (b) School medical services. 1. `Payment for school medical services.'
5If a school district or a cooperative educational service agency elects to provide school
6medical services and meets all requirements under par. (c), the department shall
7reimburse the school district or the cooperative educational service agency for 60%
8of the federal share of allowable charges for the school medical services that it
9provides and, as specified in subd. 2., for allowable administrative costs. If the
10Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School
11Educational Services Program for the Deaf and Hard of Hearing elects to provide
12school medical services and meets all requirements under par. (c), the department
13shall reimburse the department of public instruction for 60% of the federal share of
14allowable charges for the school medical services that the Wisconsin Center for the
15Blind and Visually Impaired or the Wisconsin School Educational Services Program
16for the Deaf and Hard of Hearing provides and, as specified in subd. 2., for allowable
17administrative costs. A school district, cooperative educational service agency, the
18Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School
19Educational Services Program for the Deaf and Hard of Hearing may submit, and
20the department shall allow, claims for common carrier transportation costs as a
21school medical service unless the department receives notice from the federal health
22care financing administration that, under a change in federal policy, the claims are
23not allowed. If the department receives the notice, a school district, cooperative
24educational service agency, the Wisconsin Center for the Blind and Visually
25Impaired, or the Wisconsin School Educational Services Program for the Deaf and

1Hard of Hearing may submit, and the department shall allow, unreimbursed claims
2for common carrier transportation costs incurred before the date of the change in
3federal policy. The department shall promulgate rules establishing a methodology
4for making reimbursements under this paragraph. All other expenses for the school
5medical services provided by a school district or a cooperative educational service
6agency shall be paid for by the school district or the cooperative educational service
7agency with funds received from state or local taxes. The school district, the
8Wisconsin Center for the Blind and Visually Impaired, the Wisconsin School
9Educational Services Program for the Deaf and Hard of Hearing, or the cooperative
10educational service agency shall comply with all requirements of the federal
11department of health and human services for receiving federal financial
12participation.

SB55-SSA1-CA1,310,2213 2. `Payment for school medical services administrative costs.' The department
14shall reimburse a school district or a cooperative educational service agency specified
15under subd. 1. and shall reimburse the department of public instruction on behalf
16of the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School
17Educational Services Program for the Deaf and Hard of Hearing for 90% of the
18federal share of allowable administrative costs, using time studies, beginning in
19fiscal year 1999-2000. A school district or a cooperative education educational
20service agency may submit, and the department of health and family services shall
21allow, claims for administrative costs incurred during the period that is up to 24
22months before the date of the claim, if allowable under federal law.".