Amendment SSA1-AB68

AB68-SSA1,1590,8 (a) No later than October 1, 2021, the department of financial institutions shall determine whether it can fully implement the provisions created in this act as subch. V of ch. 224 by October 1, 2021, and shall provide notice of this determination to the legislative reference bureau by that date.

AB68-SSA1,1590,15 (b) If the notice of the department of financial institutions under par. (a) states that the department cannot fully implement the provisions created in this act as subch. V of ch. 224 by October 1, 2021, the department shall provide notice to the legislative reference bureau of the date on which the provisions created in this act as subch. V of ch. 224 will be fully implemented, which date may not be later than January 1, 2023, and the legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies this date.

AB68-SSA1,1590,20 (2) Small business retirement savings board; staggered terms. Notwithstanding the length of terms specified for the members of the small business retirement savings board under s. 15.185 (4) (b), the members appointed under s. 15.185 (4) (a) 3., 4., 6., and 8. shall be appointed for initial terms expiring on May 1, 2023.

AB68-SSA1,1590,21 (3) Children's savings and investment program.

AB68-SSA1,1590,25 (a) The department of financial institutions shall collaborate with one or more philanthropic organizations to develop a statewide children's savings and investment program, funded and administered by the philanthropic organization or organizations.

AB68-SSA1,1591,3 (b) The program under par. (a ) shall allow the balance of an account established under the program to be transferred to a college savings account established under s. 224.50, consistent with any contribution limits or requirements under s. 224.50.

AB68-SSA1,9117 Section 9117. Nonstatutory provisions; Governor.

AB68-SSA1,9118 Section 9118. Nonstatutory provisions; Health and Educational Facilities Authority.

AB68-SSA1,9119 Section 9119. Nonstatutory provisions; Health Services.

AB68-SSA1,1591,17 (1) Childless adults demonstration project. The department of health services shall submit any necessary request to the federal department of health and human services for a state plan amendment or waiver of federal Medicaid law or to modify or withdraw from any waiver of federal Medicaid law relating to the childless adults demonstration project under s. 49.45 (23), 2019 stats., to reflect the incorporation of recipients of Medical Assistance under the demonstration project into the BadgerCare Plus program under s. 49.471 and the termination of the demonstration project. The department of health services may submit a request to the federal department of health and human services to modify or withdraw from the waiver granted under s. 49.45 (23) (g), 2019 stats.

AB68-SSA1,1591,18 (2) Coverage of group physical therapy under medical assistance.

AB68-SSA1,1591,23 (a) The department of health services shall promulgate rules to include group physical therapy as a covered service for recipients of medical assistance under s. DHS 107.16, Wis. Admin. Code. The department of health services shall submit in proposed form the rules required under this paragraph to the legislative council staff under s. 227.15 (1) no later than July 1, 2022.

AB68-SSA1,1592,7 (b) The department of health services may promulgate emergency rules under s. 227.24 to implement par. (a). Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this paragraph remain in effect until the first day of the 25th month beginning after the effective date of the emergency rule, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of health services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB68-SSA1,1592,13 (3) Use of cost report data for rate setting. For purposes of determining payments for a facility under s. 49.45 (6m) (am), the department of health services may use data other than data from fiscal year 2019-20 or fiscal year 2020-21 if the department of health services determines that fiscal year 2019-20 or fiscal year 2020-21 are not appropriate bases for prospective rate setting due to fluctuations in costs caused by the COVID-19 pandemic.

AB68-SSA1,1592,16 (4) Centralized drug repository. The department of health services shall study and implement a centralized physical drug repository program under s. 255.056.

AB68-SSA1,1592,23 (5) Community-based psychosocial services. The department of health services may promulgate rules, including amending rules promulgated under s. 49.45 (30e) (b), update Medical Assistance program policies, and request any state plan amendment or waiver of federal Medicaid law from the federal government necessary to provide reimbursement to providers who are not county-based providers for psychosocial services provided to Medical Assistance recipients under s. 49.45 (30e).

AB68-SSA1,1593,6 (6) Medical assistance reimbursement rate increase for direct care in personal care agencies. The department of health services shall increase the Medical Assistance rates paid for direct care to agencies that provide personal care services by a budgeted sum of $15,000,000, as the state share of payments, and the matching federal share of payments, in fiscal year 2021-22, and by a budgeted sum of $15,000,000, as the state share of payments, and the matching federal share of payments, in fiscal year 2022-23, to support staff in those agencies who perform direct care.

AB68-SSA1,1593,7 (7) Direct support professional training pilot program.

AB68-SSA1,1593,13 (a) In the 2021-23 biennium, the department of health services shall develop and implement a pilot program to provide person-centered direct support professional training to achieve consistent standards of health care practice. The department shall provide identified standards of practice that allow health care providers the flexibility to apply the standards of practice to their existing training while also meeting the needs of patients in both community and facility settings.

AB68-SSA1,1593,15 (b) Any training developed and implemented under par. (a) shall be consistent with state and federal requirements.

AB68-SSA1,1593,18 (c) The department of health services shall collaborate with the department of workforce development, the Wisconsin technical college system, and health care providers in developing and implementing the pilot program under this section.

AB68-SSA1,1593,20 (d) The department of health services shall develop a career plan that describes the steps that lead to potential certification as a nurse aide.

AB68-SSA1,1593,24 (8) Tailored caregiver assessment and referral pilot program. During fiscal year 2021-22, the department of health services shall conduct a one-year tailored caregiver assessment and referral pilot program as described in the September 2020 report of the governor's task force on caregiving.

AB68-SSA1,1594,2 (9) Statewide minimum rate band for home and community-based long-term care supports.

AB68-SSA1,1594,5 (a) The department of health services shall develop a statewide minimum rate band for home and community-based long-term care supports to establish equitable and sustainable minimum rates.

AB68-SSA1,1594,7 (b) The department of health services shall include in its 2023-25 budget request a proposal to implement the rate band developed under par. (a).

AB68-SSA1,1595,7 (10) Option to purchase publicly administered coverage. During the 2021-23 fiscal biennium, the department of health services, the office of the commissioner of insurance, or the department of health services in consultation with the office of the commissioner of insurance shall conduct an analysis and actuarial study of the creation of an option for individuals to purchase health coverage that is publicly provided or administered. The analysis under this subsection shall incorporate input from a variety of persons and entities, including consumers, that have an interest in health insurance and health coverage, including Medical Assistance program coverage, and an analysis of any other health care affordability initiatives. If the department of health services or the office of the commissioner of insurance determines that the option to purchase public coverage or any other health care affordability initiatives are feasible, the department or office may submit to the federal government any requests for a waiver of federal law or other federal approval necessary to implement the public coverage option or any other health care affordability initiatives. If the department of health services or office of the commissioner of insurance obtains the necessary federal approval or determines that no federal approval is necessary and if the department or office continues to determine that the option to purchase public coverage or any other health care affordability initiative is feasible, the department or office shall implement the option to purchase public coverage or other health care affordability initiative by January 1, 2025, or earlier if possible, except that if the commissioner of insurance determines the provisions of title I of the federal Patient Protection and Affordable Care Act, P.L. 111-148, are no longer enforceable, the department or office shall implement the public option or other affordability initiatives by January 1, 2022, or as soon as possible.

AB68-SSA1,1595,15 (11) Medical Assistance reimbursement for direct care. From the increase in reimbursement paid by the department of health services under the Medical Assistance program to nursing facilities and to intermediate care facilities for persons with an intellectual disability, increase by $15,000,000 as the state share of payments, plus the matching federal share of payments, in fiscal year 2021-22 and by $15,000,000 as the state share of payments, plus the matching federal share of payments, in fiscal year 2022-23 payments to support the staff in those facilities who perform direct care to residents.

AB68-SSA1,1595,22 (12) Home care provider registry. The department of health services shall conduct a one-year pilot program to create a home care provider registry that supports home and community-based long-term care support programs, clients that pay for home care privately, independent care workers, and vendors of the care service industry. The department of health services shall use a software platform for the registry and shall select a vendor for the software platform using its competitive request-for-proposals procedures.

AB68-SSA1,1596,2 (13) Initial training for guardians. The grantee selected under s. 46.977 to administer and conduct training shall, no later than one year after the effective date of this subsection and in coordination with the department of health services, develop the content for the initial training to be provided to guardians under s. 54.26 and implement the program.

AB68-SSA1,1596,8 (14) Surgical quality improvement grant. From the appropriation under s. 20.435 (1) (b), the department of health services may award a onetime grant of $335,000 in fiscal year 2021-22 to support surgical quality improvement activities. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of health services may transfer moneys appropriated for the purpose described under this subsection from fiscal year 2021-22 to fiscal year 2022-23.

AB68-SSA1,1596,16 (15) Health information exchange. From the appropriation under s. 20.435 (1) (b), the department of health services shall provide a grant of $655,000 in fiscal year 2021-22 and a grant of $655,000 in fiscal year 2022-23 to support health information exchange activities. The department of health services may not encumber moneys from the appropriation under s. 20.435 (1) (b) for a grant under this subsection after June 30, 2023. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer moneys appropriated for the purpose described under this subsection between fiscal years.

AB68-SSA1,1596,19 (16) Spinal cord injury council; initial appointments. Notwithstanding the length of terms specified for the members of the spinal cord injury council under s. 15.197 (20) (a) (intro.), initial appointments to the council shall be made as follows:

AB68-SSA1,1596,22 (a) The members appointed under s. 15.197 (20) (a) 1., 3., 5., and 7., or in lieu of those members under s. 15.197 (20) (b), shall be appointed for terms expiring on July 1, 2024.

AB68-SSA1,1596,25 (b) The members appointed under s. 15.197 (20) (a) 2., 4., 6., and 8., or in lieu of those members under s. 15.197 (20) (b), shall be appointed for terms expiring on July 1, 2025.

AB68-SSA1,1597,7 (17) Black women's health. The department of health services shall award a grant of $500,000 in fiscal year 2021-22 and a grant of $500,000 in fiscal year 2022-23 to an entity to connect and convene efforts between state agencies, public and private sector organizations, and community organizations to support a statewide public health strategy to advance Black women's health. The department of health services may award the grants from the appropriation under s. 20.435 (1) (b).

AB68-SSA1,1597,15 (18) Crisis urgent care and observation center emergency rules. The department of health services may promulgate rules allowed under s. 51.036 related to crisis urgent care and observation centers as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB68-SSA1,1597,21 (19) Addiction treatment platform. From the appropriation under s. 20.435 (5) (a), the department of health services shall contract in fiscal year 2022-23 for the development of a substance use disorder treatment platform that allows for the comparison of substance use disorder treatment programs in the state. The department of health services may expend no more than $300,000 in fiscal year 2022-23 under this subsection.

AB68-SSA1,1597,22 (20) Grant for psychiatric beds.

AB68-SSA1,1598,4 (a) The legislature finds and determines that expanding psychiatric bed capacity as described in par. (b ) would greatly benefit state residents by expanding access to timely inpatient mental health treatment and services and allowing public financial resources to be better distributed to more effectively improve delivery of mental health services. It is therefore in the public interest, and it is the public policy of this state, to assist the hospital described under par. (b) in expanding psychiatric bed capacity.

AB68-SSA1,1598,8 (b) In fiscal year 2021-22, from the appropriation under s. 20.435 (5) (a), the department of health services shall award a grant in the amount of $15,000,000 for the purpose of expanding capacity for psychiatric beds to a hospital that applies to the building commission and meets all of the following criteria:

AB68-SSA1,1598,11 1. The hospital is located in Eau Claire County, south of the Chippewa River, and northeast of the intersection of STH 37 and USH 12 and is part of a health system that has a hospital in Chippewa County.

AB68-SSA1,1598,19 2. The hospital agrees to expand psychiatric bed capacity by 22 beds between the Eau Claire County hospital and the Chippewa County hospital. The hospitals shall give preference in admissions to fill beds added under this subdivision to individuals who meet the criteria for emergency detention under s. 51.15 and who are from Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson, La Crosse, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Trempealeau, Vilas, Washburn, or Wood Counties.

AB68-SSA1,1598,22 3. The hospital identifies measures that it believes will serve the needs of area residents with mental health needs, especially, as a critical component of the measures, in reducing the burden on the Winnebago Mental Health Institute.

AB68-SSA1,1599,2 4. The hospital agrees to annually report to the legislature, in the manner described under s. 13.172 (2), the services provided with the resources funded by the grant awarded under this subsection, including the number of individuals diverted from the Winnebago Mental Health Institute.

AB68-SSA1,1599,8 (c) The recipient of the grant under this subsection is liable to repay the grant funds to the state if it fails to continue to maintain the expanded services and number of expanded psychiatric beds available. The amount the hospital is liable for repayment is reduced proportionately each year for 10 years of continuing expanded services as described under this paragraph. A determination of continued services shall be based on findings that the hospital does all of the following:

AB68-SSA1,1599,13 1. Maintains an agreed upon number of beds for acceptance of admissions for emergency detention under s. 51.15. A hospital is considered to be in compliance with this subdivision if at least half of the expanded psychiatric beds under par. (b) 2. are available for individuals who are initially admitted under an emergency detention under s. 51.15.

AB68-SSA1,1599,15 2. Enters into a contract with, at minimum, two-thirds of the counties specified in par. (b) 2. in which the hospital agrees to do all of the following:

AB68-SSA1,1599,17 a. Be the primary receiver for individuals under an emergency detention under s. 51.15 for the county.

AB68-SSA1,1599,19 b. Accept for admission under an emergency detention individuals regardless of payment source.

AB68-SSA1,1599,22 c. Accept any individual subject to an emergency detention from the county unless all psychiatric beds added under par. (b ) 2. are filled. The hospital may set its payment rate based on the acuity of the individual being detained.

AB68-SSA1,1599,24 d. Ensure the county department is the secondary payer after any other coverage the individual has is exhausted.

AB68-SSA1,1600,2 (d) Notwithstanding s. 150.93, any hospital that expands psychiatric bed capacity under this subsection may increase its approved bed capacity.

AB68-SSA1,1600,3 (21) Grant for mental health beds.

AB68-SSA1,1600,10 (a) The legislature finds and determines that expanding mental health bed capacity as described in par. (b ) would greatly benefit state residents by expanding access to timely mental health treatment and services and allowing public financial resources to be better distributed to more effectively improve delivery of mental health services. It is therefore in the public interest, and it is the public policy of this state, to assist the health care center described under par. (b) in expanding mental health bed capacity.

AB68-SSA1,1600,14 (b) In fiscal year 2021-22, the department of health services shall award a grant in the amount of $5,000,000 for the purpose of expanding mental health bed capacity at an existing mental health facility in Marathon County to an organization that applies to the department and that meets all of the following criteria:

AB68-SSA1,1600,16 1. The organization provides mental and behavioral health services in the north central region of the state and has a campus in Marathon County.

AB68-SSA1,1600,18 2. The organization agrees to renovate or expand its existing mental health campus to provide additional capacity for mental health treatment.

AB68-SSA1,1600,21 3. The organization identifies measures that it believes will serve the needs of area residents with mental health needs, especially, as a critical component of the measures, in reducing the burden on state-operated facilities.

AB68-SSA1,1600,25 4. The organization agrees to annually report to the legislature, in the manner described under s. 13.172 (2), the services provided with the resources funded by the grant awarded under this subsection, including the number of individuals diverted from the state-operated facilities.

AB68-SSA1,1601,2 (c) Notwithstanding s. 150.93, any hospital that expands mental health bed capacity under this subsection may increase its approved bed capacity.

AB68-SSA1,1601,6 (d) The organization that receives the grant under this subsection is liable to repay the grant funds to the state if the organization fails to continue to maintain the expanded mental health services for a period agreed to between the organization and the department of health services.

AB68-SSA1,1601,7 (22) Racine County federally qualified health centers.

AB68-SSA1,1601,9 (a) In this subsection, “federally qualified health center” has the meaning given under 42 CFR 405.2401 (b).

AB68-SSA1,1601,12 (b) From the appropriation under s. 20.435 (1) (b), the department of health services shall award $53,000,000 in grants to create federally qualified health centers in Racine County before June 30, 2023.

AB68-SSA1,9120 Section 9120. Nonstatutory provisions; Higher Educational Aids Board.

AB68-SSA1,1601,21 (1) Minnesota-Wisconsin tuition reciprocity agreement. The higher educational aids board shall provide to the designated body representing the state of Minnesota notice of the termination of the agreement under s. 39.47, 2019 stats., with the agreement's termination to become effective on July 1, 2022. The higher educational aids board and the Board of Regents of the University of Wisconsin System shall negotiate new agreements to replace the agreement under s. 39.47, 2019 stats., with these new agreements to become effective on July 1, 2022.

AB68-SSA1,9121 Section 9121. Nonstatutory provisions; Historical Society.

AB68-SSA1,9122 Section 9122. Nonstatutory provisions; Housing and Economic Development Authority.

AB68-SSA1,1602,7 (1) Pilot program for homeless children and youths. The Wisconsin Housing and Economic Development Authority shall develop policies and procedures for and implement a 2-year pilot program that gives priority to individuals who are included in the category of homeless children and youths, as defined in 42 USC 11434a (2), and families with at least one individual included in that category on the waiting list that the authority, or a public housing agency or other entity that contracts with the authority, maintains for vouchers under the federal housing choice voucher program.

AB68-SSA1,9123 Section 9123. Nonstatutory provisions; Insurance.

AB68-SSA1,1602,15 (1) Prescription drug importation program. The commissioner of insurance shall submit the first report required under s. 601.575 (5) by the next January 1 or July 1, whichever is earliest, that is at least 180 days after the date the prescription drug importation program is fully operational under s. 601.575 (4). The commissioner of insurance shall include in the first 3 reports submitted under s. 601.575 (5) information on the implementation of the audit functions under s. 601.575 (1) (n).

AB68-SSA1,1602,19 (2) Prescription drug cost survey. The commissioner of insurance shall conduct a statistically valid survey of pharmacies in this state regarding whether the pharmacy agreed to not disclose that customer drug benefit cost sharing exceeds the cost of the dispensed drug.

AB68-SSA1,1602,23 (3) Public option health insurance plan. The office of the commissioner of insurance may expend from the appropriation under s. 20.145 (1) (a) in fiscal year 2021-22 not more than $900,000 for the development of a public option health insurance plan.

AB68-SSA1,1603,12 (4) Health insurance premium assistance program. The commissioner of insurance shall develop a program to provide, beginning no later than plan year 2024, health insurance premium assistance to any resident of this state who purchases a silver level plan on the exchange, as defined in s. 628.90 (1), and whose household income exceeds 133 percent of the poverty line before application of the 5 percent income disregard as described in 42 CFR 435.603 (d), but does not exceed 250 percent of the poverty line. The assistance shall equal the difference between the lowest-cost silver level plan and lowest-cost bronze level plan in the individual's county of residence. The commissioner of insurance shall include a cost estimate of the program with the 2023-24 biennial budget submission for the office of the commissioner of insurance. In this subsection, “bronze level plan” means a plan described in 42 USC 18022 (d) (1) (A), “poverty line” means the poverty line as defined and revised annually under 42 USC 9902 (2) for a family the size of the individual's family, and “silver level plan” means a plan described in 42 USC 18022 (d) (1) (B).

AB68-SSA1,1603,15 (5) Prescription drug purchasing entity. During the 2021-2023 fiscal biennium, the office of the commissioner of insurance shall conduct a study on the viability of creating or implementing a state prescription drug purchasing entity.

AB68-SSA1,1603,16 (6) School district group health insurance task force.

AB68-SSA1,1603,19 (a) The commissioner of insurance shall establish a committee called the “School District Group Health Insurance Task Force.” The task force shall consist of the following members appointed by the governor:

AB68-SSA1,1603,20 1. One representative from the office of the commissioner of insurance.

AB68-SSA1,1603,21 2. One representative from the department of administration.

AB68-SSA1,1603,22 3. One representative from the department of public instruction.

AB68-SSA1,1603,23 4. One representative from the department of employee trust funds.

AB68-SSA1,1603,24 5. One administrator of a school district.

AB68-SSA1,1603,25 6. One business official of a school district.

AB68-SSA1,1604,1 7. One member of a school board.

AB68-SSA1,1604,2 8. One official of a public employee union.

AB68-SSA1,1604,3 9. Three employees of public schools.

AB68-SSA1,1604,4 10. One representative of a health plan.

AB68-SSA1,1604,6 (b) The representative from the office of the commissioner of insurance shall be the chairperson of the task force.