Amendment SSA1-AB68

AB68-SSA1,573,22 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.

AB68-SSA1,1078 Section 1078 . 49.686 (3) (d) of the statutes is amended to read:

AB68-SSA1,574,4 49.686 (3) (d) Has applied for coverage under and has been denied eligibility for medical assistance within 12 months prior to application for reimbursement under sub. (2). This paragraph does not apply to an individual who is eligible for benefits under the demonstration project for childless adults under s. 49.45 (23) or to an individual who is eligible for benefits under BadgerCare Plus under s. 49.471 (4) (a) 8. or (11).

AB68-SSA1,1079 Section 1079 . 49.79 (1) (b) of the statutes is amended to read:

AB68-SSA1,574,9 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6), except “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

AB68-SSA1,1080 Section 1080. 49.79 (7r) (d) of the statutes is created to read:

AB68-SSA1,574,13 49.79 (7r) (d) The department may expend from the appropriation under s. 20.435 (4) (bt) no more than $425,000 per fiscal year for the pilot program under this subsection.

AB68-SSA1,1081 Section 1081. 49.79 (9) (a) 1g. of the statutes is amended to read:

AB68-SSA1,574,23 49.79 (9) (a) 1g. Except as provided in subds. 2. and 3., beginning October 1, 2019, the department shall require, to the extent allowed by the federal government, all able-bodied adults without dependents in this state to participate in the employment and training program under this subsection, except for able-bodied adults without dependents who are employed, as determined by the department. The department may require other able individuals who are 18 to 60 years of age, or a subset of those individuals to the extent allowed by the federal government, who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.

AB68-SSA1,1082 Section 1082. 49.79 (9) (d) of the statutes is repealed.

AB68-SSA1,1083 Section 1083. 49.79 (9) (f) of the statutes is repealed.

AB68-SSA1,1084 Section 1084. 49.791 of the statutes is repealed.

AB68-SSA1,1085 Section 1085 . 49.90 (4) of the statutes is amended to read:

AB68-SSA1,576,4 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife spouse; then the father and the mother parents; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which that will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

AB68-SSA1,1086 Section 1086. 50.379 of the statutes is created to read:

AB68-SSA1,576,6 50.379 Designated caregivers. (1) Definitions. In this section:

AB68-SSA1,576,12 (a) “Aftercare assistance” means any assistance provided by a caregiver to a patient under this section after the patient's discharge and related to the patient's condition at the time of discharge, including assisting with basic activities of daily living or instrumental activities of daily living, or carrying out medical or nursing tasks, such as managing wound care, assisting in administering medications, or operating medical equipment.

AB68-SSA1,576,16 (b) “Caregiver” means any individual, including a relative, partner, friend, neighbor, or other person who has a significant relationship with a patient, who is designated as a caregiver under this section to provide aftercare assistance to that patient.

AB68-SSA1,576,18 (c) “Discharge” means a patient's exit or release from a hospital to the patient's residence following an inpatient admission.

AB68-SSA1,576,19 (d) “Hospital” has the meaning given in s. 50.33 (2).

AB68-SSA1,576,20 (e) “Incapacitated” has the meaning given in s. 50.94 (1) (b).

AB68-SSA1,576,23 (f) “Residence” means a dwelling that the patient considers to be his or her home. “Residence” does not include any rehabilitation facility, hospital, nursing home, assisted living facility, or group home licensed by the department.

AB68-SSA1,577,3 (2) Caregiver designation. (a) A hospital shall provide a patient or, if applicable, a patient's legal guardian at least one opportunity to designate at least one caregiver no later than 24 hours following the patient's admission to a hospital and before the patient's discharge or transfer to another hospital or facility licensed by the department.

AB68-SSA1,577,7 (b) If a patient is unconscious or otherwise incapacitated upon admission to the hospital, the hospital shall provide the patient or, if applicable, the patient's legal guardian with an opportunity to designate a caregiver within 24 hours following the patient's recovery of his or her consciousness or capacity.

AB68-SSA1,577,10 (c) If a patient or a patient's legal guardian declines to designate a caregiver under this section, the hospital shall promptly document that information in the patient's medical record.

AB68-SSA1,577,14 (d) If a patient or the patient's legal guardian designates a caregiver under this section, the hospital shall promptly record the designation of the caregiver, the relationship of the caregiver to the patient, and the name, telephone number, and address of the caregiver in the patient's medical record.

AB68-SSA1,577,16 (e) Nothing in this section requires a patient or a patient's legal guardian to designate a caregiver.

AB68-SSA1,577,19 (f) A patient may elect to change a designated caregiver at any time. The hospital shall, within 24 hours, record in the patient's medical record any designation change and any new information required under par. (d).

AB68-SSA1,577,21 (g) Designation of a caregiver under the provisions of this section does not obligate any individual to perform aftercare assistance for the patient.

AB68-SSA1,578,2 (3) Release of medical information. (a) If a patient or a patient's legal guardian designates an individual as a caregiver under this section, the hospital shall promptly request the written consent of the patient or the patient's legal guardian to release medical information to the patient's designated caregiver following the hospital's established procedures for releasing personal health information and in accordance with applicable federal and state law.

AB68-SSA1,578,6 (b) If a patient or the patient's legal guardian declines to consent to the release of medical information to the patient's designated caregiver, the hospital is not required to provide notice to the caregiver or provide information contained in the patient's discharge plan as required under subs. (4) and (5).

AB68-SSA1,578,9 (4) Notification and instruction to designated caregiver. Subject to sub. (3), if a patient or a patient's legal guardian designates a caregiver under this section, a hospital shall do all of the following:

AB68-SSA1,578,14 (a) Notify the patient's designated caregiver of the patient's discharge or transfer to another hospital or facility licensed by the department as soon as possible, which may be after the patient's physician issues a discharge order, but not less than 4 hours before the patient's actual discharge or transfer to the other hospital or facility.

AB68-SSA1,578,18 (b) No less than 24 hours before a patient's discharge from a hospital, consult with the designated caregiver along with the patient regarding the caregiver's capabilities and limitations and issue a written discharge plan that describes a patient's aftercare assistance needs at the patient's residence.

AB68-SSA1,578,20 (5) Discharge plan. (a) For purposes of this section, a hospital shall include in a discharge plan at least all of the following:

AB68-SSA1,578,22 1. The name and contact information of the caregiver designated under this section.

AB68-SSA1,578,25 2. A description of all aftercare assistance tasks necessary to maintain the patient's ability to reside at home, taking into account the capabilities of the caregiver.

AB68-SSA1,579,3 3. Contact information for any health care, community resources, and long-term services and supports necessary to successfully carry out the patient's discharge plan.

AB68-SSA1,579,6 (b) A hospital issuing a discharge plan under this section shall provide caregivers with instruction in all aftercare assistance tasks described in the discharge plan, and must include at least all of the following:

AB68-SSA1,579,11 1. A live demonstration of the tasks performed by a hospital employee or individual with whom the hospital has a contractual relationship authorized to perform the aftercare assistance task, provided in a culturally competent manner and in accordance with the hospital's requirements to provide language access services under state and federal law.

AB68-SSA1,579,13 2. An opportunity for the caregiver and patient to ask questions about the aftercare assistance tasks.

AB68-SSA1,579,16 3. Answers to the caregiver's and patient's questions provided in a culturally competent manner and in accordance with the hospital's requirements to provide language access services under state and federal law.

AB68-SSA1,579,19 (6) No interference with authorized decision making. Nothing in this section shall be construed to interfere with the rights of a person authorized by law to make health care decisions on behalf of a patient.

AB68-SSA1,579,22 (7) No right of action. Nothing in this section shall be construed to create a private right of action against a hospital, a hospital employee, or any authorized agent of the hospital, or to otherwise supercede or replace existing rights or remedies.

AB68-SSA1,1087 Section 1087. 51.035 of the statutes is created to read:

AB68-SSA1,580,3 51.035 Crisis response system; grants. (1) From the appropriation under s. 20.435 (5) (ch), the department shall award grants under this section to entities to provide a continuum of crisis response services, including mental health crisis urgent care and observation centers, crisis stabilization and inpatient psychiatric beds, and crisis stabilization facilities.

AB68-SSA1,580,6 (2) From the appropriation under s. 20.435 (5) (ch), the department shall award no more than 5 grants to fund services at facilities providing crisis stabilization services, based on criteria established by the department.

AB68-SSA1,1088 Section 1088. 51.036 of the statutes is created to read:

AB68-SSA1,580,9 51.036 Crisis urgent care and observation centers. (1) In this section, “crisis” has the meaning given in s. 51.042 (1) (a).

AB68-SSA1,580,16 (2) The department may certify crisis urgent care and observation centers and may establish criteria by rule for the certification of crisis urgent care and observation centers. If the department establishes a certification process for crisis urgent care and observation centers, no person may operate a crisis urgent care and observation center without having a certification. The department may limit the number of certifications it grants to operate crisis urgent care and observation centers.

AB68-SSA1,1089 Section 1089. 51.045 of the statutes is amended to read:

AB68-SSA1,581,4 51.045 Availability of inpatient psychiatric and other beds. From the appropriation under s. 20.435 (2) (cm), the department shall award a grant in the amount of $80,000 $100,000 in fiscal year 2015-16 2021-22 and $30,000 $50,000 in each fiscal year thereafter to the entity under contract under s. 153.05 (2m) (a) to develop and operate an Internet site and system to show the availability of inpatient psychiatric beds, peer run respite beds, and crisis stabilization beds statewide. To receive the grant, the entity shall use a password protected Internet site to allow an inpatient psychiatric unit or hospital or a facility, center, or program that has inpatient psychiatric, peer run respite, or crisis stabilization beds to enter all of the following information and to enable any hospital emergency department , county department, or other entity involved in identifying placement options in the state to view all of the following information reported to the system:

AB68-SSA1,581,8 (1) The number of available child, adolescent, adult, and geriatric inpatient psychiatric beds, as applicable, that are inpatient psychiatric, peer run respite, or crisis stabilization beds and that are currently available at the hospital, unit, facility, center, or program at the time of reporting by the hospital or unit.

AB68-SSA1,581,10 (2) Any special information that the hospital or, unit, facility, center, or program reports regarding the available beds under sub. (1).

AB68-SSA1,581,12 (3) The date the hospital or, unit, facility, center, or program reports the information under subs. (1) and (2).

AB68-SSA1,581,14 (4) The location of the hospital or , unit, facility, center, or program that is reporting.

AB68-SSA1,581,16 (5) The contact information for admission coordination for the hospital or, unit, facility, center, or program.

AB68-SSA1,1090 Section 1090. 51.44 (5) (bm) of the statutes is created to read:

AB68-SSA1,581,20 51.44 (5) (bm) Ensure that any child with a level of lead in his or her blood that is 5 or more micrograms per 100 milliliters of blood, as confirmed by one venous blood test, is eligible for services under the program under this section.

AB68-SSA1,1091 Section 1091 . 51.72 of the statutes is created to read:

AB68-SSA1,582,2 51.72 Suicide prevention programming grants. (1) From the appropriation under s. 20.435 (5) (ef), the department shall award grants to organizations or coalitions of organizations, which may include a city, village, town, county, or federally recognized American Indian tribe or band in this state, for suicide prevention programming.

AB68-SSA1,582,5 (2) The department may not award a grant under sub. (1) unless the recipient contributes matching funds or in-kind services having a value equal to at least 20 percent of the grant.

AB68-SSA1,582,7 (3) The department may award a grant to a recipient under sub. (1) for an amount up to $25,000 in a particular fiscal year.

AB68-SSA1,1092 Section 1092 . 51.73 of the statutes is created to read:

AB68-SSA1,582,13 51.73 Grants to prevent suicide by firearm. (1) From the appropriation under s. 20.435 (5) (ef), the department shall award grants to organizations or coalitions of organizations, which may include a city, village, town, county, or federally recognized American Indian tribe or band in this state for any of the following purposes:

AB68-SSA1,582,15 (a) To train staff at a firearm retailer or firearm range on how to recognize a person who may be considering suicide.

AB68-SSA1,582,17 (b) To provide suicide prevention materials for distribution at a firearm retailer or firearm range.

AB68-SSA1,582,18 (c) To provide voluntary, temporary firearm storage.

AB68-SSA1,582,21 (2) The department may not award a grant under sub. (1) unless the recipient contributes matching funds or in-kind services having a value equal to at least 20 percent of the grant.

AB68-SSA1,583,4 (3) The department may not award a grant to a recipient under sub. (1) for an amount that exceeds $5,000. The department may not award a grant under sub. (1) having a duration of more than one year and may not automatically renew a grant awarded under sub. (1). This subsection shall not be construed to prevent an organization or coalition of organizations from reapplying for a grant in consecutive years. In awarding grants under sub. (1), the department shall give preference to organizations or coalitions of organizations that have not previously received a grant under this section.

AB68-SSA1,1093 Section 1093 . 54.01 (36) (a) of the statutes is amended to read:

AB68-SSA1,583,10 54.01 (36) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless the 2 subsequently participated in a marriage ceremony purporting to marry each other or they subsequently held themselves out as husband and wife married to each other.

AB68-SSA1,1094 Section 1094 . 54.15 (8) (a) (intro.) of the statutes is amended to read:

AB68-SSA1,583,13 54.15 (8) (a) (intro.) At least 96 hours before the hearing under s. 54.44, the proposed guardian shall submit to the court a all of the following:

AB68-SSA1,583,14 1m. A sworn and notarized statement as to whether any of the following is true:

AB68-SSA1,1095 Section 1095 . 54.15 (8) (a) 1. to 4. of the statutes are renumbered 54.15 (8) (a) 1m. a. to d.

AB68-SSA1,1096 Section 1096 . 54.15 (8) (a) 2m. of the statutes is created to read:

AB68-SSA1,583,20 54.15 (8) (a) 2m. A sworn and notarized statement that the proposed guardian has completed the training requirements under s. 54.26 (1), unless exempted under s. 54.26 (2) (c), (d), or (e).

AB68-SSA1,1097 Section 1097 . 54.15 (8) (b) of the statutes is amended to read:

AB68-SSA1,583,25 54.15 (8) (b) If par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d. applies to the proposed guardian, he or she shall include in the sworn and notarized statement a description of the circumstances surrounding the applicable event under par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d.

AB68-SSA1,1098 Section 1098. 54.26 of the statutes is created to read:

AB68-SSA1,584,4 54.26 Guardian training requirements. (1) Required training topics. (a) Every guardian of the person, unless exempted under sub. (2) (c), (d), or (e), shall complete training on all of the following topics:

AB68-SSA1,584,6 1. The duties and responsibilities of a guardian of the person under the law and limits of the guardian's decision-making authority.

AB68-SSA1,584,8 2. Alternatives to guardianship, including supported decision-making agreements and powers of attorney.

AB68-SSA1,584,9 3. Rights retained by a ward.

AB68-SSA1,584,12 4. Best practices for a guardian to solicit and understand the wishes and preferences of a ward, to involve a ward in decision making, and to take a ward's wishes and preferences into account in decisions made by the guardian.

AB68-SSA1,584,13 5. Restoration of a ward's rights and the process for removal of guardianship.

AB68-SSA1,584,15 6. Future planning and identification of a potential standby or successor guardian.

AB68-SSA1,584,16 7. Resources and technical support for guardians.