Amendment SA4-SSA2-SB45

SB45-SSA2-SA4,69,16 a. Conduct an initial evaluation to determine whether the disorder should be included in the testing required under this section.

SB45-SSA2-SA4,69,19 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.

SB45-SSA2-SA4,69,24 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].

SB45-SSA2-SA4,70,6 (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 (5), that did not result in the promulgation of a rule:

SB45-SSA2-SA4,70,11 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 (5), 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.

SB45-SSA2-SA4,70,13 b. Determine whether the department has the capacity and resources needed to include testing for the disorder in the testing required under this section.

SB45-SSA2-SA4,70,15 2. This paragraph does not apply to any disorder that is removed from the federal recommended uniform screening panel.

SB45-SSA2-SA4,70,21 (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:

SB45-SSA2-SA4,70,23 1. Conduct a reevaluation to determine whether testing for the disorder should be included in the testing required under this section.

SB45-SSA2-SA4,71,3 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.

SB45-SSA2-SA4,71,16 (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 (4) (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.

SB45-SSA2-SA4,71,20 (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.

SB45-SSA2-SA4,146 Section 146. 255.18 of the statutes is created to read:

SB45-SSA2-SA4,71,23 255.18 Parkinson’s disease registry reporting. (1) Definitions. In this section:

SB45-SSA2-SA4,72,1 (a) “Health care facility” has the meaning given in s. 155.01 (6).

SB45-SSA2-SA4,72,3 (b) “Health care provider” means a physician, surgeon, physician assistant, or nurse practitioner.

SB45-SSA2-SA4,72,4 (c) “Parkinsonism” has the meaning given in s. 36.47 (1) (c)

SB45-SSA2-SA4,72,5 (d) “Parkinson’s disease” has the meaning given in s. 36.47 (1) (d).

SB45-SSA2-SA4,72,7 (e) “Parkinson’s disease registry” means the Parkinson’s disease registry established and maintained by the Population Health Institute under s. 36.47 (3).

SB45-SSA2-SA4,72,10 (f) “Population Health Institute” means the Population Health Institute, or its successor, at the University of Wisconsin-Madison School of Medicine and Public Health.

SB45-SSA2-SA4,72,18 (2) Reporting required. Beginning on the first day of the 25th month beginning after the effective date of this subsection .... [LRB inserts date], if a health care provider diagnoses a patient with Parkinson’s disease or a parkinsonism in this state or, for a health care provider who has primary responsibility for treating a patient’s Parkinson’s disease or parkinsonism, treats a patient’s Parkinson’s disease or parkinsonism in this state, that health care provider or the health care facility that employs or contracts with the health care provider shall do all of the following:

SB45-SSA2-SA4,72,19 (a) Offer the patient the opportunity to do all of the following:

SB45-SSA2-SA4,72,21 1. Review any informational materials developed by the Population Health Institute about the Parkinson’s disease registry.

SB45-SSA2-SA4,72,23 2. Speak with and ask questions of their health care provider about the Parkinson’s disease registry.

SB45-SSA2-SA4,73,2 3. Affirmatively decline, in writing, to participate in the collection of data for purposes of the Parkinson’s disease registry.

SB45-SSA2-SA4,73,5 (b) Except as provided in par. (d), report the information specified in the list under s. 36.47 (3) (d) about the patient’s case to the Population Health Institute in the format prescribed by the Population Health Institute under s. 36.47 (3) (c).

SB45-SSA2-SA4,73,7 (c) Notify the patient orally and in writing about the reporting requirement under par. (b).

SB45-SSA2-SA4,73,12 (d) If the patient affirmatively declines in writing to participate in the collection of data for purposes of the Parkinson’s disease registry, report only the incident of the patient’s Parkinson’s disease or parkinsonism to the Population Health Institute in the format prescribed by the Population Health Institute under s. 36.47 (3) (c).

SB45-SSA2-SA4,73,20 (3) Confidentiality. Any information reported to the Population Health Institute under sub. (2) that could identify an individual who is the subject of the report or a health care provider submitting the report is confidential. Confidential information obtained or reported in compliance with sub. (2) is not available for subpoena and may not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding. Confidential information obtained or reported in compliance with sub. (2) is not admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.

SB45-SSA2-SA4,73,24 (4) Responsibility. A health care facility that employs or contracts with a health care provider diagnosing a patient with, or treating a patient with, Parkinson’s disease or a parkinsonism is ultimately responsible for meeting the requirements under sub. (2).

SB45-SSA2-SA4,147 Section 147. 255.35 (3) (a) of the statutes is amended to read:

SB45-SSA2-SA4,74,11 255.35 (3) (a) The department shall implement a statewide poison control system, which shall provide poison control services that are available statewide, on a 24-hour per day and 365-day per year basis and shall provide poison information and education to health care professionals and the public. From the appropriation account under s. 20.435 (1) (ds), the department shall, if the requirement under par. (b) is met, distribute total funding of not more than $425,000 $482,500 in each fiscal year to supplement the operation of the system and to provide for the statewide collection and reporting of poison control data. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.

SB45-SSA2-SA4,148 Section 148. 256.12 (4) (a) of the statutes is amended to read:

SB45-SSA2-SA4,75,2 256.12 (4) (a) From the appropriation account under s. 20.435 (1) (r), the department shall annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment, nondurable or disposable medical supplies or equipment, medications, or emergency medical training for personnel to an emergency medical responder department or ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical a base amount for each emergency medical responder department or ambulance service provider based on provider type, plus a supplemental amount based on the population or other relevant factors of the emergency medical responder department’s primary service area or the population or other relevant factors of the ambulance service provider’s primary service or contract area, as established under s. 256.15 (5), as applicable.

SB45-SSA2-SA4,149 Section 149. 256.12 (4) (c) of the statutes is amended to read:

SB45-SSA2-SA4,75,17 256.12 (4) (c) Funds distributed under par. (a) or (b) shall supplement existing, budgeted moneys of or provided to an ambulance service provider and may not be used to replace, decrease or release for alternative purposes the existing, budgeted moneys of or provided to the ambulance service provider. A grant recipient under this subsection cannot expend more than 15 percent of a grant awarded during an annual grant cycle on nondurable or disposable medical supplies or equipment and medications. In order to ensure compliance with this paragraph, the department shall require, as a condition of relicensure, a financial report of expenditures under this subsection from an ambulance service provider and may require a financial report of expenditures under this subsection from an emergency medical responder department or an owner or operator of an ambulance service or a public agency, volunteer fire department or a nonprofit corporation with which an ambulance service provider has contracted to provide ambulance services grant recipients.

SB45-SSA2-SA4,150 Section 150. 256.12 (5) (a) of the statutes is amended to read:

SB45-SSA2-SA4,76,4 256.12 (5) (a) From the appropriation account under s. 20.435 (1) (r), the department shall annually distribute funds to emergency medical responder departments or ambulance service providers that are public agencies, volunteer fire departments, or nonprofit corporations to purchase the training required for licensure and renewal of licensure as an emergency medical technician under s. 256.15 (6) or for certification and renewal of certification as an emergency medical responder under s. 256.15 (8), and to pay for administration of the examination required for licensure or renewal of licensure as an emergency medical technician services practitioner under s. 256.15 (6) (a) 3. and (b) 1. or certification or renewal of certification as an emergency medical responder under s. 256.15 (8).

SB45-SSA2-SA4,151 Section 151. 256.12 (5) (am) of the statutes is amended to read:

SB45-SSA2-SA4,76,19 256.12 (5) (am) If an emergency medical responder department or ambulance service provider does not use funds received under par. (a) within a calendar year, the emergency medical responder department or ambulance service provider may escrow those funds in the year in which the funds are distributed to the emergency medical responder department or ambulance service provider, except funds distributed for nondurable or disposable medical supplies or equipment or medications. In a subsequent year, an emergency medical responder department or ambulance service provider may use escrowed funds to purchase the training required for certification or renewal of certification as an emergency medical responder or licensure or renewal of licensure as an emergency medical services practitioner at any level or to pay for administration of the examination required for certification or renewal of certification as an emergency medical responder or for licensure or renewal of licensure as an emergency medical services practitioner at any level.

SB45-SSA2-SA4,152 Section 152. 256.23 (5) of the statutes is amended to read:

SB45-SSA2-SA4,77,2 256.23 (5) In accordance with s. 20.940, the The department shall submit to the federal department of health and human services a request for any state plan amendment, waiver or other approval that is required to implement this section and s. 49.45 (3) (em). If federal approval is required, the department may not implement the collection of the fee under sub. (2) until it receives approval from the federal government to obtain federal matching funds.

SB45-SSA2-SA4,153 Section 153. 256.42 of the statutes is created to read:

SB45-SSA2-SA4,77,5 256.42 Emergency medical services grants. (1) In this section, “municipality” means a city, village, or town.

SB45-SSA2-SA4,77,9 (2) From the appropriation under s. 20.435 (1) (ck), the department shall award grants each fiscal year to municipalities to improve or expand emergency medical services. From the moneys appropriated each fiscal year, the department shall do all of the following:

SB45-SSA2-SA4,77,11 (a) Award 25 percent to municipalities to support the development of 24-7 paid service models in accordance with criteria developed by the department.

SB45-SSA2-SA4,77,14 (b) Award the remaining amount using a formula consisting of a base amount, determined by the department, for each municipality, plus a supplemental amount based on the population of the municipality.

SB45-SSA2-SA4,154 Section 154. 441.07 (1g) (f) of the statutes is repealed.

SB45-SSA2-SA4,155 Section 155. 448.02 (3) (a) of the statutes is amended to read:

SB45-SSA2-SA4,78,11 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license or certificate granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2) or has failed to mail or present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license or certificate to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

SB45-SSA2-SA4,156 Section 156. 448.02 (3) (a) of the statutes, as affected by 2023 Wisconsin Act 172, section 4, and 2025 Wisconsin Act .... (this act), is repealed and recreated to read:

SB45-SSA2-SA4,79,9 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license or certificate granted by the board. An allegation that a physician has violated s. 448.30 or 450.13 (2) or has failed to present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6- month period to present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17, or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license or certificate to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

SB45-SSA2-SA4,157 Section 157. 457.26 (2) (gm) of the statutes is repealed.

SB45-SSA2-SA4,158 Section 158. 601.83 (1) (a) of the statutes is amended to read:

SB45-SSA2-SA4,79,24 601.83 (1) (a) The commissioner shall administer a state-based reinsurance program known as the healthcare stability plan in accordance with the specific terms and conditions approved by the federal department of health and human services dated July 29, 2018. Before December 31, 2023, the commissioner may not request from the federal department of health and human services a modification, suspension, withdrawal, or termination of the waiver under 42 USC 18052 under which the healthcare stability plan under this subchapter operates unless legislation has been enacted specifically directing the modification, suspension, withdrawal, or termination. Before December 31, 2023, the commissioner may request renewal, without substantive change, of the waiver under 42 USC 18052 under which the health care stability plan operates in accordance with s. 20.940 (4) unless legislation has been enacted that is contrary to such a renewal request. The commissioner shall comply with applicable timing in and requirements of s. 20.940.

SB45-SSA2-SA4,159 Section 159. 609.835 of the statutes is created to read:

SB45-SSA2-SA4,80,4 609.835 Coverage of prescription drugs and medical supplies to treat asthma. Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.895 (16g).

SB45-SSA2-SA4,160 Section 160. 632.895 (16g) of the statutes is created to read:

SB45-SSA2-SA4,80,9 632.895 (16g) Coverage of prescription drugs and medical supplies to treat asthma. (a) In this subsection, “related medical supplies” includes asthma inhalers and other medical supply items necessary to effectively and appropriately administer a prescription drug prescribed to treat asthma.

SB45-SSA2-SA4,80,13 (b) Subject to par. (c), every disability insurance policy and every self-insured health plan of the state or of a county, city, town, village, or school district that provides coverage of prescription drugs shall cover prescription drugs and related medical supplies for the treatment of asthma.

SB45-SSA2-SA4,80,20 (c) A disability insurance policy or self-insured health plan of the state or of a county, city, town, village, or school district to which par. (b) applies shall limit the amount of any enrollee cost-sharing to no more than $25 per one-month supply for each prescription drug prescribed to treat asthma and to no more than $50 per month for all related medical supplies. The cost-sharing limitations under this paragraph may not increase with the number of conditions for which an enrollee is treated. Coverage under this subsection may not be subject to any deductible.

SB45-SSA2-SA4,81,5 (d) If, under federal law, application of par. (c) would result in ineligibility for a health savings account under section 223 of the Internal Revenue Code, par. (c) shall apply to a health-savings-account-qualified high deductible health plan with respect to the deductible of such a plan only after the enrollee has satisfied the minimum deductible under section 223 of the Internal Revenue Code, except with respect to items or services that are preventive care pursuant to section 223 (c) (2) (C) of the Internal Revenue Code, in which case par. (c) shall apply regardless of whether the minimum deductible under section 223 of the Internal Revenue Code has been satisfied.

SB45-SSA2-SA4,161 Section 161. 632.8985 of the statutes is repealed.

SB45-SSA2-SA4,162 Section 162. 939.75 (2) (b) 1. of the statutes is amended to read:

SB45-SSA2-SA4,81,10 939.75 (2) (b) 1. An act committed during an induced abortion. This subdivision does not limit the applicability of ss. 940.04, 940.13, 940.15 and 940.16 to an induced abortion.

SB45-SSA2-SA4,163 Section 163. 940.04 of the statutes is repealed.

SB45-SSA2-SA4,164 Section 164. 940.15 (5) of the statutes is repealed.

SB45-SSA2-SA4,165 Section 165. 968.26 (1b) (a) 2. a. of the statutes is amended to read:

SB45-SSA2-SA4,81,20 968.26 (1b) (a) 2. a. Section 940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.198 (2) (b) or (c) or (3), 940.20, 940.201, 940.203, 940.204, 940.205, 940.207, 940.208, 940.22 (2), 940.225 (3), 940.29, 940.302 (2) (c), 940.32, 941.32, 941.38 (2), 942.09 (2), 943.10, 943.205, 943.32 (1), 946.43, 946.44, 946.47, 946.48, 948.02 (3), 948.03 (2) (b) or (c), (3), or (4), 948.04, 948.055, 948.095, 948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14, 948.20, 948.23 (1), (2), or (3) (c) 2. or 3., or 948.30 (1).

SB45-SSA2-SA4,166 Section 166. DHS 107.07 (4) (k) 2. of the administrative code is repealed.

SB45-SSA2-SA4,167 Section 167. 2017 Wisconsin Act 370, section 44 (2) and (3) are repealed.

SB45-SSA2-SA4,168 Section 168. 2017 Wisconsin Act 370, section 44 (5) is repealed.

SB45-SSA2-SA4,9119 Section 9119. Nonstatutory provisions; Health Services.

SB45-SSA2-SA4,82,10 (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), 2023 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), 2023 stats.

SB45-SSA2-SA4,82,20 (2) Rules regarding training of certified peer specialists. The department of health services may promulgate the rules required under s. 49.45 (30j) (bm) 4. 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. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until January 1, 2027, or the date the permanent rules take effect, whichever is sooner.

SB45-SSA2-SA4,82,21 (3) Complex patient pilot program.

SB45-SSA2-SA4,82,22 (a) In this subsection:

SB45-SSA2-SA4,82,23 1. “Department” means the department of health services.

SB45-SSA2-SA4,83,2 2. “Partnership group” means one or more hospitals in partnership with one or more post-acute facilities.

SB45-SSA2-SA4,83,6 (b) The department shall use a competitive grant selection process to select partnership groups to be designated as participating sites for a complex patient pilot program under this subsection and, from the appropriation under s. 20.435 (7) (d), award grants to the groups selected.

SB45-SSA2-SA4,83,11 (c) The department shall solicit feedback regarding the complex patient pilot program from representatives of healthcare system organizations, long-term care provider organizations, long-term care operator organizations, patient advocate groups, insurers, and any other organization determined to be relevant by the secretary of health services.

SB45-SSA2-SA4,83,14 (d) The department shall require that each partnership group that applies to the department to be designated as a site for the complex patient pilot program shall address all of the following issues in its application:

SB45-SSA2-SA4,83,18 1. The number of complex patient care beds that will be set aside in a post- acute facility or through implementation of an innovative model of patient care in a post-acute facility to which participating hospitals agree, such as dedicated staffing for dementia or a behavioral health unit.

SB45-SSA2-SA4,83,20 2. Defined goals and measurable outcomes of the partnership group during the pilot program and after the pilot program.

SB45-SSA2-SA4,84,2 3. The types of complex patients for whom care will be provided, which may include patients needing total care for multiple conditions or comorbidities such as cardiac and respiratory diseases, obesity, mental health, substance use, or dementia.

SB45-SSA2-SA4,84,5 4. An operating budget for the proposed site that details how fiscal responsibility will be shared among members of the partnership group and includes all of the following:

SB45-SSA2-SA4,84,7 a. Estimated patient revenues from other sources, including the Medical Assistance program under subch. IV of ch. 49, and estimated total costs.

SB45-SSA2-SA4,84,8 b. A margin to account for reserved beds.

SB45-SSA2-SA4,84,10 5. The partnership group’s expertise to successfully implement the proposal, which may include a discussion of the following issues: