This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB50-ASA2-AA8,41610Section 416. 601.83 (1) (a) of the statutes is amended to read:
AB50-ASA2-AA8,271,2311601.83 (1) (a) The commissioner shall administer a state-based reinsurance
12program known as the healthcare stability plan in accordance with the specific
13terms and conditions approved by the federal department of health and human
14services dated July 29, 2018. Before December 31, 2023, the commissioner may not
15request from the federal department of health and human services a modification,
16suspension, withdrawal, or termination of the waiver under 42 USC 18052 under
17which the healthcare stability plan under this subchapter operates unless
18legislation has been enacted specifically directing the modification, suspension,
19withdrawal, or termination. Before December 31, 2023, the commissioner may
20request renewal, without substantive change, of the waiver under 42 USC 18052
21under which the health care stability plan operates in accordance with s. 20.940 (4)
22unless legislation has been enacted that is contrary to such a renewal request. The
23commissioner shall comply with applicable timing in and requirements of s. 20.940.
AB50-ASA2-AA8,417
1Section 417. 2017 Wisconsin Act 370, section 44 (2) and (3) are repealed.
AB50-ASA2-AA8,91192Section 9119. Nonstatutory provisions; Health Services.
AB50-ASA2-AA8,272,63(1) Childless adults demonstration project reform waiver. The
4department of health services may submit a request to the federal department of
5health and human services to modify or withdraw any waiver request submitted
6under s. 49.45 (23) (g), 2023 stats..
AB50-ASA2-AA8,272,77132. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,272,98Section 418. 46.536 (1) of the statutes is renumbered 46.536 (1) (intro.) and
9amended to read:
AB50-ASA2-AA8,272,111046.536 (1) (intro.) From the appropriation under s. 20.435 (5) (cf), the
11department shall award all of the following grants in the:
AB50-ASA2-AA8,272,2012(a) A total amount of $250,000 in each fiscal biennium to counties or regions
13comprised of multiple counties to establish or enhance crisis programs to serve
14individuals having crises in rural areas or counties, municipalities, or regions
15comprised of multiple counties or municipalities to establish and enhance law
16enforcement and behavioral health services emergency response collaboration
17programs. Grant recipients under this section paragraph shall match at least 25
18percent of the grant amount awarded for the purpose that the grant is received.
19The department may not award any single grant in an amount greater than
20$100,000.
AB50-ASA2-AA8,41921Section 419. 46.536 (1) (b) of the statutes is created to read:
AB50-ASA2-AA8,273,32246.536 (1) (b) A total amount of $2,000,000 in each fiscal biennium to
23counties, regions comprised of multiple counties, or municipalities to establish and

1enhance law enforcement and behavioral health services emergency response
2collaboration programs. Grant recipients under this paragraph shall match at least
325 percent of the grant amount awarded for the purpose that the grant is received.
AB50-ASA2-AA8,92194Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,273,125(1) Law enforcement and behavioral health collaboration grants. In
6the schedule under s. 20.005 (3) for the appropriation to the department of health
7services under s. 20.435 (5) (cf), the dollar amount for fiscal year 2025-26 is
8increased by $1,000,000 to to provide law enforcement and behavioral health
9collaboration grants under s. 46.536 (1) (b). In the schedule under s. 20.005 (3) for
10the appropriation to the department of health services under s. 20.435 (5) (cf), the
11dollar amount for fiscal year 2026-27 is increased by $1,000,000 to to provide law
12enforcement and behavioral health collaboration grants under s. 46.536 (1) (b)..
AB50-ASA2-AA8,273,1313133. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,273,1414Section 420. 20.435 (1) (ef) of the statutes is amended to read:
AB50-ASA2-AA8,273,171520.435 (1) (ef) Lead-poisoning or lead-exposure services. The As a continuing
16appropriation, the amounts in the schedule for the purposes of providing grants
17under s. 254.151.
AB50-ASA2-AA8,921918Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,273,2419(1) Lead poisoning prevention and response. In the schedule under s.
2020.005 (3) for the appropriation to the department of health services under s.
2120.435 (1) (ef), the dollar amount for fiscal year 2025-26 is increased by $2,089,000
22and the dollar amount for fiscal year 2026-27 is increased by $4,178,000 to increase
23funding for lead poisoning and exposure prevention and services grants to local and
24tribal health departments..
AB50-ASA2-AA8,274,1
1134. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,274,22Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,274,33(1) Limited-term employees.
AB50-ASA2-AA8,274,94(a) In the schedule under s. 20.005 (3) for the appropriation to the department
5of health services under s. 20.435 (5) (a), the dollar amount for fiscal year 2025-26 is
6increased by $2,815,800 to increase LTE salary and fringe benefits. In the schedule
7under s. 20.005 (3) for the appropriation to the department of health services under
8s. 20.435 (5) (a), the dollar amount for fiscal year 2026-27 is increased by $2,886,800
9to increase LTE salary and fringe benefits.
AB50-ASA2-AA8,274,1510(b) In the schedule under s. 20.005 (3) for the appropriation to the department
11of health services under s. 20.435 (5) (kx), the dollar amount for fiscal year 2025-26
12is increased by $1,080,900 to increase LTE salary and fringe benefits. In the
13schedule under s. 20.005 (3) for the appropriation to the department of health
14services under s. 20.435 (5) (kx), the dollar amount for fiscal year 2026-27 is
15increased by $1,110,200 to increase LTE salary and fringe benefits..
AB50-ASA2-AA8,274,1616135. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,274,1717Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,274,2318(1) Marquette dental school services. In the schedule under s. 20.005 (3)
19for the appropriation to the department of health services under s. 20.435 (1) (de),
20the dollar amount for fiscal year 2025-26 is increased by $430,000 and the dollar
21amount for fiscal year 2026-27 is increased by $430,000 to increase funding DHS
22provides to the Marquette University School of Dentistry to provide dental services
23to underserved populations..
AB50-ASA2-AA8,275,1
1136. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,275,22Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,275,83(1) Maternal and child health; grants for referral services. In the
4schedule under s. 20.005 (3) for the appropriation to the department of health
5services under s. 20.435 (1) (b), the dollar amount for fiscal year 2025-26 is
6increased by $1,480,000 and the dollar amount for fiscal year 2026-27 is increased
7by $1,480,000 to fund grants to local and tribal health departments to support
8referrals to, and maintenance of, maternal and child health resources..
AB50-ASA2-AA8,275,99137. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,275,1010Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,275,1611(1) Maternal and child health; Well Badger Resource Center website
12redesign. In the schedule under s. 20.005 (3) for the appropriation to the
13department of health services under s. 20.435 (1) (b), the dollar amount for fiscal
14year 2025-26 is increased by $90,000 and the dollar amount for fiscal year 2026-27
15is increased by $90,000 to fund a redesign of the Well Badger Resource Center
16website to improve accessibility and accuracy of the information on the website..
AB50-ASA2-AA8,275,1717138. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,275,1818Section 421. 46.48 (34) of the statutes is created to read:
AB50-ASA2-AA8,275,211946.48 (34) Maternal and child health. The department may distribute not
20more than $800,000 in each fiscal year as grants to local and community-based
21organizations whose mission is to improve maternal and child health in this state.
AB50-ASA2-AA8,921922Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,276,423(1) Maternal and child health; grants to maintain certain programs.

1In the schedule under s. 20.005 (3) for the appropriation to the department of
2health services under s. 20.435 (1) (b), the dollar amount for fiscal year 2025-26 is
3increased by $800,000 and the dollar amount for fiscal year 2026-27 is increased by
4$800,000 to fund grants under s. 46.48 (34)..
AB50-ASA2-AA8,276,55139. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,276,66Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,276,127(1) Medicaid and FoodShare contracts. In the schedule under s. 20.005
8(3) for the appropriation to the department of health services under s. 20.435 (4) (b),
9the dollar amount for fiscal year 2025-26 is increased by $28,576,200 and the dollar
10amount for fiscal year 2026-27 is increased by $28,096,600 to increase funding for
11contractual services and information technology systems costs for the
12administration of the Medical Assistance program and the FoodShare program..
AB50-ASA2-AA8,276,1313140. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,276,1414Section 422. 20.455 (1) (hn) of the statutes is created to read:
AB50-ASA2-AA8,276,161520.455 (1) (hn) Payments to relators. All moneys received by the department
16that are owed to a relator, to provide payments owed to a relator.
AB50-ASA2-AA8,42317Section 423. 20.9315 of the statutes is created to read:
AB50-ASA2-AA8,276,191820.9315 False claims; actions by or on behalf of state. (1) In this
19section:
AB50-ASA2-AA8,276,2220(a) 1. Claim means any request or demand, whether under a contract or
21otherwise, for money or property, whether the state has title to the money or
22property, that is any of the following:
AB50-ASA2-AA8,277,2
1a. Presented to an officer, employee, agent, or other representative of the
2state.
AB50-ASA2-AA8,277,73b. Made to a contractor, grantee, or other person if the money or property is to
4be spent or used on the states behalf or to advance a state program or interest and
5if the state provides any portion of the money or property that is requested or
6demanded or will reimburse directly or indirectly the contractor, grantee, or other
7person for any portion of the money or property that is requested or demanded.
AB50-ASA2-AA8,277,982. Claim includes a request or demand for services from a state agency or as
9part of a state program.
AB50-ASA2-AA8,277,13103. Claim does not include requests or demands for money or property that
11the state has paid to an individual as compensation for state employment or as an
12income subsidy with no restriction on that individuals use of the money or
13property.
AB50-ASA2-AA8,277,1714(b) Knowingly means, with respect to information, having actual knowledge
15of the information, acting in deliberate ignorance of the truth or falsity of the
16information, or acting in reckless disregard of the truth or falsity of the information.
17Knowingly does not mean specifically intending to defraud.
AB50-ASA2-AA8,277,1918(c) Material means having a natural tendency to influence, or be capable of
19influencing, the payment or receipt of money or property or the receipt of services.
AB50-ASA2-AA8,277,2020(d) Medical assistance has the meaning given under s. 49.43 (8).
AB50-ASA2-AA8,277,2121(e) Obligation has the meaning given in 31 USC 3729 (b) (3).
AB50-ASA2-AA8,277,2222(f) Original source has the meaning given in 31 USC 3730 (e) (4) (B).
AB50-ASA2-AA8,278,223(g) Proceeds includes damages, civil penalties, surcharges, payments for

1costs of compliance, and any other economic benefit realized by this state as a result
2of an action or settlement of a claim.
AB50-ASA2-AA8,278,73(2) Except as provided in sub. (3), any person who does any of the following is
4liable to this state for 3 times the amount of the damages that were sustained by the
5state or would have been sustained by the state,whichever is greater, because of the
6actions of the person and shall forfeit, for each violation, an amount within the
7range specified under 31 USC 3729 (a):
AB50-ASA2-AA8,278,98(a) Knowingly presents or causes to be presented a false or fraudulent claim to
9a state agency, including a false or fraudulent claim for medical assistance.
AB50-ASA2-AA8,278,1210(b) Knowingly makes, uses, or causes to be made or used a false record or
11statement material to a false or fraudulent claim to a state agency, including a false
12or fraudulent claim for medical assistance.
AB50-ASA2-AA8,278,1713(c) Knowingly makes, uses, or causes to be made or used a false record or
14statement material to an obligation to pay or transmit money or property to the
15Medical Assistance program, or knowingly conceals or knowingly and improperly
16avoids or decreases an obligation to pay or transmit money or property to the
17Medical Assistance program.
AB50-ASA2-AA8,278,2118(d) Knowingly makes, uses, or causes to be made or used a false record or
19statement material to an obligation to pay or transmit money or property to a state
20agency or knowingly conceals or knowingly and improperly avoids or decreases an
21obligation to pay or transmit money or property to a state agency.
AB50-ASA2-AA8,278,2222(e) Conspires to commit a violation under par. (a), (b), (c), or (d).
AB50-ASA2-AA8,279,323(3) The court may assess against a person who violates sub. (2) not less than

12 nor more than 3 times the amount of the damages sustained by the state because
2of the acts of the person, and shall not assess any forfeiture, if the court finds all of
3the following:
AB50-ASA2-AA8,279,64(a) The person who commits the acts furnished the attorney general with all
5information known to the person about the acts within 30 days after the date on
6which the person obtained the information.
AB50-ASA2-AA8,279,77(b) The person fully cooperated with any investigation by this state of the acts.
AB50-ASA2-AA8,279,128(c) At the time that the person furnished the attorney general with
9information concerning the acts, no criminal prosecution or civil or administrative
10enforcement action had been commenced with respect to any such act, and the
11person did not have actual knowledge of the existence of any investigation into any
12such act.
AB50-ASA2-AA8,279,1513(5) (a) Except as provided in subs. (10) and (12), any person may bring a civil
14action as a qui tam plaintiff against a person who commits an act in violation of sub.
15(2) for the person and the state in the name of the state.
AB50-ASA2-AA8,280,216(b) The plaintiff under par. (a) shall serve upon the attorney general a copy of
17the complaint and documents disclosing substantially all material evidence and
18information that the plaintiff possesses. The plaintiff shall file a copy of the
19complaint with the court for inspection in camera. Except as provided in par. (c),
20the complaint shall remain under seal for a period of 60 days from the date of filing
21and shall not be served upon the defendant until the court so orders. Within 60
22days from the date of service upon the attorney general of the complaint, evidence,

1and information under this paragraph, the attorney general may intervene in the
2action.
AB50-ASA2-AA8,280,73(bm) Any complaint filed by the state in intervention, whether filed separately
4or as an amendment to the qui tam plaintiffs complaint, shall relate back to the
5filing date of the qui tam plaintiffs complaint to the extent that the states claim
6arises out of the conduct, transactions, or occurrences set forth, or attempted to be
7set forth, in the qui tam plaintiffs complaint.
AB50-ASA2-AA8,280,108(c) The attorney general may, for good cause shown, move the court for one or
9more extensions of the period during which a complaint in an action under this
10subsection remains under seal.
AB50-ASA2-AA8,280,1211(d) Before the expiration of the period during which the complaint remains
12under seal, the attorney general shall do one of the following:
AB50-ASA2-AA8,280,14131. Proceed with the action or an alternate remedy under sub. (10), in which
14case the action or proceeding under sub. (10) shall be prosecuted by the state.
AB50-ASA2-AA8,280,16152. Notify the court that he or she declines to proceed with the action, in which
16case the person bringing the action may proceed with the action.
AB50-ASA2-AA8,280,1917(e) If a person brings a valid action under this subsection, no person other
18than the state may intervene or bring a related action based upon the same facts
19underlying the original action while the original action is pending.
AB50-ASA2-AA8,280,2220(f) In any action brought under this subsection or other proceeding under sub.
21(10), the plaintiff is required to prove all essential elements of the cause of action or
22complaint, including damages, by a preponderance of the evidence.
AB50-ASA2-AA8,281,423(6) If the state proceeds with an action under sub. (5) or an alternate remedy

1under sub. (10), the state has primary responsibility for prosecuting the action
2under sub. (5) or proceeding under sub. (10). The state is not bound by any act of
3the person bringing the action, but that person has the right to continue as a party
4to the action.
AB50-ASA2-AA8,281,125(7) (b) With the approval of the governor, the attorney general may
6compromise and settle an action under sub. (5) or an administrative proceeding
7under sub. (10) to which the state is a party, notwithstanding objection of the
8person bringing the action, if the court determines, after affording to the person
9bringing the action the right to a hearing at which the person is afforded the
10opportunity to present evidence in opposition to the proposed settlement, that the
11proposed settlement is fair, adequate, and reasonable considering the relevant
12circumstances pertaining to the violation.
AB50-ASA2-AA8,281,1913(c) Upon a showing by the state that unrestricted participation in the
14prosecution of an action under sub. (5) or an alternate proceeding under sub. (10) to
15which the state is a party by the person bringing the action would interfere with or
16unduly delay the prosecution of the action or proceeding, or would result in
17consideration of repetitious or irrelevant evidence or evidence presented for
18purposes of harassment, the court may limit the persons participation in the
19prosecution, such as:
AB50-ASA2-AA8,281,20201. Limiting the number of witnesses that the person may call.
AB50-ASA2-AA8,281,21212. Limiting the length of the testimony of the witnesses.
AB50-ASA2-AA8,281,22223. Limiting the cross-examination of witnesses by the person.
AB50-ASA2-AA8,282,2
14. Otherwise limiting the participation by the person in the prosecution of the
2action or proceeding.
AB50-ASA2-AA8,282,73(d) Upon a showing by a defendant that unrestricted participation in the
4prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
5which the state is a party by the person bringing the action would result in
6harassment or would cause the defendant undue burden or unnecessary expense,
7the court may limit the persons participation in the prosecution.
AB50-ASA2-AA8,282,158(8) Except as provided in sub. (7), if the state elects not to participate in an
9action filed under sub. (5), the person bringing the action may prosecute the action.
10If the attorney general so requests, the attorney general shall, at the states
11expense, be served with copies of all pleadings and deposition transcripts in the
12action. If the person bringing the action initiates prosecution of the action, the
13court, without limiting the status and rights of that person, may permit the state to
14intervene at a later date upon a showing by the state of good cause for the proposed
15intervention.
AB50-ASA2-AA8,283,216(9) Whether or not the state participates in an action under sub. (5), upon a
17showing in camera by the attorney general that discovery by the person bringing
18the action would interfere with the states ongoing investigation or prosecution of a
19criminal or civil matter arising out of the same facts as the facts upon which the
20action is based, the court may stay such discovery in whole or in part for a period of
21not more than 60 days. The court may extend the period of any such stay upon a
22further showing in camera by the attorney general that the state has pursued the
23criminal or civil investigation of the matter with reasonable diligence and the

1proposed discovery in the action brought under sub. (5) will interfere with the
2ongoing criminal or civil investigation or prosecution.
AB50-ASA2-AA8,283,153(10) The attorney general may pursue a claim relating to an alleged violation
4of sub. (2) through an alternate remedy available to the state or any state agency,
5including an administrative proceeding to assess a civil forfeiture. If the attorney
6general elects any such alternate remedy, the attorney general shall serve timely
7notice of his or her election upon the person bringing the action under sub. (5), and
8that person has the same rights in the alternate venue as the person would have
9had if the action had continued under sub. (5). Any finding of fact or conclusion of
10law made by a court or by a state agency in the alternate venue that has become
11final is conclusive upon all parties named in an action under sub. (5). For purposes
12of this subsection, a finding or conclusion is final if it has been finally determined
13on appeal, if all time for filing an appeal or petition for review with respect to the
14finding or conclusion has expired, or if the finding or conclusion is not subject to
15judicial review.
AB50-ASA2-AA8,283,2116(11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an
17action brought by a person under sub. (5) or the state pursues an alternate remedy
18relating to the same acts under sub. (10), the person who brings the action shall
19receive at least 15 percent but not more than 25 percent of the proceeds of the action
20or settlement of the claim, depending upon the extent to which the person
21contributed to the prosecution of the action or claim.
AB50-ASA2-AA8,284,822(b) Except as provided in par. (e), if an action or claim is one that the court or
23other adjudicator finds to be based primarily upon disclosures of specific

1information not provided by the person who brings the action or claim under sub.
2(5) relating to allegations or transactions specifically disclosed in a criminal, civil,
3or administrative hearing; legislative or administrative report, hearing, audit, or
4investigation; or report made by the news media, the court or other adjudicator may
5award an amount to the person as it considers appropriate, but not more than 10
6percent of the proceeds of the action or settlement of the claim, depending upon the
7significance of the information and the role of the person bringing the action in
8advancing the prosecution of the action or claim.
AB50-ASA2-AA8,284,139(c) Except as provided in par. (e), in addition to any amount received under
10par. (a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
11reasonable expenses necessarily incurred in bringing the action together with the
12persons costs and reasonable actual attorney fees. The court or other adjudicator
13shall assess any award under this paragraph against the defendant.
Loading...
Loading...