Amendment AA8-ASA2-AB50

AB50-ASA2-AA8,286,22 (17) The remedies provided for under this section are in addition to any other remedies provided for under any other law or available under the common law.

AB50-ASA2-AA8,287,3 (18) This section shall be liberally construed and applied to promote the public interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as reflected in the federal False Claims Act and the legislative history of the act.

AB50-ASA2-AA8,424 Section 424. 49.485 of the statutes is renumbered 20.9315 (19) and amended to read:

AB50-ASA2-AA8,287,12 20.9315 (19) Whoever knowingly presents or causes to be presented to any officer, employee, or agent of this state a false claim for medical assistance shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this section.

AB50-ASA2-AA8,425 Section 425. 165.25 (11m) of the statutes is created to read:

AB50-ASA2-AA8,287,16 165.25 (11m) False claims. Diligently investigate possible violations of s. 20.9315 and, if the department determines that a person has committed an act that is punishable under s. 20.9315, may bring a civil action against that person.

AB50-ASA2-AA8,426 Section 426. 801.02 (1) of the statutes is amended to read:

AB50-ASA2-AA8,287,22 801.02 (1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 90 days after filing.

AB50-ASA2-AA8,427 Section 427. 803.09 (1) of the statutes is amended to read:

AB50-ASA2-AA8,288,6 803.09 (1) Upon Except as provided in s. 20.9315, upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant’s ability to protect that interest, unless the movant’s interest is adequately represented by existing parties.

AB50-ASA2-AA8,428 Section 428. 803.09 (2) of the statutes is amended to read:

AB50-ASA2-AA8,288,17 803.09 (2) Upon Except as provided in s. 20.9315, upon timely motion anyone may be permitted to intervene in an action when a movant’s claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order or rule administered by a federal or state governmental officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

AB50-ASA2-AA8,429 Section 429. 804.01 (2) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,288,21 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.9315 (9), and unless otherwise limited by order of the court in accordance with the provisions of this chapter, the scope of discovery is as follows:

AB50-ASA2-AA8,430 Section 430. 805.04 (1) of the statutes is amended to read:

AB50-ASA2-AA8,289,7 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p), an action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is not on the merits, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action based on or including the same claim.

AB50-ASA2-AA8,431 Section 431. 805.04 (2p) of the statutes is created to read:

AB50-ASA2-AA8,289,12 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.9315, the court shall take into account the best interests of the parties and the purposes of s. 20.9315.

AB50-ASA2-AA8,432 Section 432. 893.9815 of the statutes is created to read:

AB50-ASA2-AA8,289,16 893.9815 False claims. An action or claim under s. 20.9315 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.”.

AB50-ASA2-AA8,289,17 141. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,289,18 “Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,290,2 (1) Sand ridge forensic treatment expansion. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (2) (bm), the dollar amount for fiscal year 2025-26 is adjusted to $197,689,900. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (2) (bm), the dollar amount for fiscal year 2026-27 is adjusted to $203,747,600.”.

AB50-ASA2-AA8,290,3 142. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,290,4 “Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,290,10 (1) Medication-assisted treatment rate increase. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (b), the dollar amount for fiscal year 2025-26 is adjusted to $3,686,074,500. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (b), the dollar amount for fiscal year 2026-27 is adjusted to $4,038,122,900.”.

AB50-ASA2-AA8,290,11 143. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,290,12 “Section 9119. Nonstatutory provisions; Health Services.

AB50-ASA2-AA8,290,17 (1) Mental health institutes position funding. On July 1, 2025, the funding source for 87.93 FTE PR positions in the department of health services changes from the appropriation under s. 20.435 (2) (gk) to the general purpose revenue appropriation under s. 20.435 (2) (bm), and the incumbent employees holding the positions on that date retain their positions.

AB50-ASA2-AA8,9219 Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,290,23 (1) Mental health institutes position funding, PR. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (2) (gk), the dollar amount for fiscal year 2025-26 is decreased by $12,305,200 and the dollar amount for fiscal year 2026-27 is decreased by $12,305,200 to eliminate funding for 87.93 FTE PR positions.

AB50-ASA2-AA8,291,5 (2) Mental health institutes position funding, GPR. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (2) (bm), the dollar amount for fiscal year 2025-26 is increased by $12,305,200 and the dollar amount for fiscal year 2026-27 is increased by $12,305,200 to provide funding for 87.93 FTE GPR positions.”.

AB50-ASA2-AA8,291,6 144. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,291,7 “Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,291,8 (1) Resident food and variable nonfood supplies and services.

AB50-ASA2-AA8,291,13 (a) In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (2) (bm), the dollar amount for fiscal year 2025-26 is adjusted to $197,689,900. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (2) (bm), the dollar amount for fiscal year 2026-27 is adjusted to $203,747,600.

AB50-ASA2-AA8,291,18 (b) In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (2) (gk), the dollar amount for fiscal year 2025-26 is adjusted to $297,331,100. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (2) (gk), the dollar amount for fiscal year 2026-27 is adjusted to $307,567,400.”.

AB50-ASA2-AA8,291,19 145. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,291,20 “Section 433. 71.03 (9) of the statutes is created to read:

AB50-ASA2-AA8,291,23 71.03 (9) Medical Assistance coverage. (a) The department shall include the following questions and explanatory information on each individual income tax return under this section and a method for the taxpayer to respond to each question:

AB50-ASA2-AA8,292,6 1. “Are you, your spouse, your dependent children, or any eligible adult child dependent not covered under a health insurance policy, health plan, or other health care coverage? ‘Eligible adult child dependent’ means a child who is under the age of 26 who is a full-time student or a child who is under the age of 27 who is called to active duty in the national guard or armed forces reserve while enrolled as a full- time student.”

AB50-ASA2-AA8,292,9 2. “If you responded ‘yes’ to question 1, do you want to have evaluated your eligibility for Medical Assistance under subch. IV of ch. 49 of the Wisconsin Statutes or your eligibility for subsidized health insurance coverage?”

AB50-ASA2-AA8,292,18 (b) For each person who responded “yes” to the question under par. (a) 2., the department shall provide that person’s contact information and other relevant information from that person’s individual income tax return to the department of health services to perform an evaluation of that person’s eligibility under the Medical Assistance program under subch. IV of ch. 49 or an evaluation of that person’s eligibility for subsidized health insurance coverage through an exchange, as defined under 45 CFR 155.20. The information provided to the department of health services may not be used to determine that the individual is ineligible to enroll in the Medical Assistance program under subch. IV of ch. 49.

AB50-ASA2-AA8,434 Section 434. 71.78 (4) (w) of the statutes is created to read:

AB50-ASA2-AA8,292,22 71.78 (4) (w) The secretary of health services and employees of the department of health services for the purpose of performing an evaluation under s. 71.03 (9) (b).

AB50-ASA2-AA8,9319 Section 9319. Initial applicability; Health Services.

AB50-ASA2-AA8,293,3 (1) Determination of Medical Assistance eligibility by indicating interest on an individual income tax return. The treatment of ss. 71.03 (9) and 71.78 (4) (w) first applies to taxable years beginning after December 31, 2025.”.

AB50-ASA2-AA8,293,4 146. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,293,5 “Section 435. 253.13 (6) of the statutes is created to read:

AB50-ASA2-AA8,293,11 253.13 (6) Federal recommendations; evaluation procedure. (a) Initial evaluation. 1. Subject to subd. 2., for any disorder that is added to the federal recommended uniform screening panel approved by the federal department of health and human services after January 1, 2025, and that is not included in the list of disorders under s. DHS 115.04, Wis. Adm. Code, the department shall do all of the following within 18 months after the addition of the disorder:

AB50-ASA2-AA8,293,13 a. Conduct an initial evaluation to determine whether the disorder should be included in the testing required under this section.

AB50-ASA2-AA8,293,16 b. If the department determines that the disorder should be included in the testing required under this section, commence rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.

AB50-ASA2-AA8,293,21 2. This paragraph does not apply to any disorder included in the federal recommended uniform screening panel that will be added to the list of disorders under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the department has commenced rule-making procedures as of the effective date of this subdivision .... [LRB inserts date].

AB50-ASA2-AA8,294,4 (b) Annual review. 1. Subject to subd. 2., the department shall do all of the following on an annual basis for any disorder the department determines in an initial evaluation under par. (a) or a reevaluation under par. (c) should not be included in the testing required under this section and for any disorder that was the subject of rule making under par. (a) 2. or 2025 Wisconsin Act .... (this act), section 9119 (2), that did not result in the promulgation of a rule:

AB50-ASA2-AA8,294,9 a. Review the medical literature published on the disorder since the initial evaluation or the commencement of rule making under par. (a) 2. or 2025 Wisconsin Act .... (this act), section 9119 (2), to determine whether new information has been identified that would merit a reevaluation of whether testing for the disorder should be included in the testing required under this section.

AB50-ASA2-AA8,294,11 b. Determine whether the department has the capacity and resources needed to include testing for the disorder in the testing required under this section.

AB50-ASA2-AA8,294,13 2. This paragraph does not apply to any disorder that is removed from the federal recommended uniform screening panel.

AB50-ASA2-AA8,294,19 (c) Reevaluation. If the department finds in an annual review under par. (b) that new information has been identified that would merit a reevaluation of whether testing for a disorder should be included in the testing required under this section or that the department has the capacity and resources needed to include testing for the disorder in the testing required under this section, the department shall do all of the following within 18 months of completing the annual review:

AB50-ASA2-AA8,294,21 1. Conduct a reevaluation to determine whether testing for the disorder should be included in the testing required under this section.

AB50-ASA2-AA8,295,2 2. If the department determines in the reevaluation that testing for a disorder should be included in the testing required under this section, commence rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.

AB50-ASA2-AA8,295,15 (d) Emergency rule making. The department may use the procedure under s. 227.24 to promulgate a rule under this subsection or 2025 Wisconsin Act .... (this act), section 9119 (1) (b). Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this paragraph 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 paragraph. Notwithstanding s. 227.24 (1) (c) and (2), if the department submits in proposed form a permanent rule to the legislative council staff under s. 227.15 (1) within 15 months of the date the statement of scope of the emergency rule promulgated under this paragraph is published in the register under s. 227.135 (3), the emergency rule remains in effect until the date on which the permanent rule takes effect or the date on which the statement of scope expires under s. 227.135 (5), whichever occurs first.

AB50-ASA2-AA8,295,19 (e) Implementation. The department shall ensure that testing for any disorder added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in accordance with this subsection begins within 6 months after the date of publication, as defined in s. 227.22 (1), of the rule.

AB50-ASA2-AA8,9119 Section 9119. Nonstatutory provisions; Health Services.

AB50-ASA2-AA8,296,4 (1) Newborn screening program; conditions approved as of January 1, 2025. For any disorder included in the federal recommended uniform screening panel approved by the federal department of health and human services as of January 1, 2025, that is not included in the list of disorders under s. DHS 115.04, Wis. Adm. Code, on the effective date of this subsection, the department of health services shall do all of the following within 18 months of the effective date of this subsection:

AB50-ASA2-AA8,296,6 (a) Evaluate whether the disorder should be included in the testing required under s. 253.13 (1).

AB50-ASA2-AA8,296,9 (b) If, in its evaluation, the department of health services determines that the disorder should be included in the testing required under s. 253.13 (1), commence rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.

AB50-ASA2-AA8,296,15 (2) Newborn screening program; pending rule promulgation. Subsection (1) does not apply to any disorder included in the federal recommended uniform screening panel that will be added to the list of disorders under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the department of health services has commenced the rule-making procedure as of the effective date of this subsection.

AB50-ASA2-AA8,296,19 (3) Newborn screening program; testing start date. The department of health services shall ensure that testing for any disorder added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in accordance with sub. (1) begins within 6 months after the date of publication, as defined in s. 227.22 (1), of the rule.”.

AB50-ASA2-AA8,296,20 147. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,296,21 “Section 436. 150.31 (1) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,297,5 150.31 (1) (intro.) In order to enable the state to budget accurately for medical assistance and to allocate fiscal resources most appropriately, the maximum number of licensed nursing home beds statewide is 51,795 25,415 and the maximum number of beds statewide in facilities primarily serving the developmentally disabled is 3,704. The department may adjust these limits on licensed beds as provided in subs. (2) to (6). The department shall also biennially recommend changes to this limit based on the following criteria:

AB50-ASA2-AA8,437 Section 437. 150.31 (8) of the statutes is amended to read:

AB50-ASA2-AA8,297,9 150.31 (8) The Subject to sub. (9), the department may allocate or distribute nursing home beds in a manner, developed by rule, that is consistent with the criteria specified in sub. (1) (a) to (f) and s. 150.39.

AB50-ASA2-AA8,438 Section 438. 150.31 (9) of the statutes is created to read:

AB50-ASA2-AA8,297,12 150.31 (9) The department shall allocate 125 nursing home beds to persons that apply for the beds and agree to do all of the following:

AB50-ASA2-AA8,297,13 (a) Prioritize admissions of patients with complex needs.

AB50-ASA2-AA8,297,15 (b) Prioritize admissions of patients who have been unable to find appropriate placement at another facility.

AB50-ASA2-AA8,9219 Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,297,24 (1) Nursing home bed access; position authorization. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (b), the dollar amount for fiscal year 2025-26 is increased by $60,000 and the dollar amount for fiscal year 2026-27 is increased by $1,584,200 to increase the authorized FTE positions for the department by .50 GPR and .50 FED positions, beginning in fiscal year 2025-26, and to increase the authorized FTE positions for the department by 1.0 GPR position, beginning in 2026-27, to implement a modified nursing home bed licensing process.”.

AB50-ASA2-AA8,298,1 148. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,298,2 “Section 439. 46.48 (21) of the statutes is created to read:

AB50-ASA2-AA8,298,7 46.48 (21) Trauma resilience grant. The department may distribute not more than $250,000 in fiscal year 2025-26 and not more than $250,000 in fiscal year 2026-27 as a grant to an organization in the city of Milwaukee to support the needs of individuals impacted by trauma and to develop the capacity of organizations to treat and prevent trauma.

AB50-ASA2-AA8,440 Section 440. 46.48 (21) of the statutes, as created by 2025 Wisconsin Act .... (this act), is repealed.

AB50-ASA2-AA8,9419 Section 9419. Effective dates; Health Services.

AB50-ASA2-AA8,298,12 (1) Trauma resilience grant. The repeal of s. 46.48 (21) takes effect on July 1, 2027.”.

AB50-ASA2-AA8,298,13 149. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,298,14 “Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,298,20 (1) Obstetrics rate increase. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (b), the dollar amount for fiscal year 2025-26 is increased by $2,132,400 and the dollar amount for fiscal year 2026-27 is increased by $2,438,800 to increase reimbursement rates under the Medical Assistance program under subch. IV of ch. 49 for obstetric care, including antepartum, birthing, and postpartum services.”.

AB50-ASA2-AA8,298,21 150. At the appropriate places, insert all of the following: