Amendment AA8-ASA2-AB50

AB50-ASA2-AA8,416 Section 416. 601.83 (1) (a) of the statutes is amended to read:

AB50-ASA2-AA8,271,23 601.83 (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.

AB50-ASA2-AA8,417 Section 417. 2017 Wisconsin Act 370, section 44 (2) and (3) are repealed.

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

AB50-ASA2-AA8,272,6 (1) Childless adults demonstration project reform waiver. The department of health services may submit a request to the federal department of health and human services to modify or withdraw any waiver request submitted under s. 49.45 (23) (g), 2023 stats.”.

AB50-ASA2-AA8,272,7 132. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,272,9 “Section 418. 46.536 (1) of the statutes is renumbered 46.536 (1) (intro.) and amended to read:

AB50-ASA2-AA8,272,11 46.536 (1) (intro.) From the appropriation under s. 20.435 (5) (cf), the department shall award all of the following grants in the:

AB50-ASA2-AA8,272,20 (a) A total amount of $250,000 in each fiscal biennium to counties or regions comprised of multiple counties to establish or enhance crisis programs to serve individuals having crises in rural areas or counties, municipalities, or regions comprised of multiple counties or municipalities to establish and enhance law enforcement and behavioral health services emergency response collaboration programs. Grant recipients under this section paragraph shall match at least 25 percent of the grant amount awarded for the purpose that the grant is received. The department may not award any single grant in an amount greater than $100,000.

AB50-ASA2-AA8,419 Section 419. 46.536 (1) (b) of the statutes is created to read:

AB50-ASA2-AA8,273,3 46.536 (1) (b) A total amount of $2,000,000 in each fiscal biennium to counties, regions comprised of multiple counties, or municipalities to establish and enhance law enforcement and behavioral health services emergency response collaboration programs. Grant recipients under this paragraph shall match at least 25 percent of the grant amount awarded for the purpose that the grant is received.

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

AB50-ASA2-AA8,273,12 (1) Law enforcement and behavioral health collaboration grants. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (cf), the dollar amount for fiscal year 2025-26 is increased by $1,000,000 to to provide law enforcement and behavioral health collaboration grants under s. 46.536 (1) (b). In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (cf), the dollar amount for fiscal year 2026-27 is increased by $1,000,000 to to provide law enforcement and behavioral health collaboration grants under s. 46.536 (1) (b).”.

AB50-ASA2-AA8,273,13 133. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,273,14 “Section 420. 20.435 (1) (ef) of the statutes is amended to read:

AB50-ASA2-AA8,273,17 20.435 (1) (ef) Lead-poisoning or lead-exposure services. The As a continuing appropriation, the amounts in the schedule for the purposes of providing grants under s. 254.151.

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

AB50-ASA2-AA8,273,24 (1) Lead poisoning prevention and response. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (ef), the dollar amount for fiscal year 2025-26 is increased by $2,089,000 and the dollar amount for fiscal year 2026-27 is increased by $4,178,000 to increase funding for lead poisoning and exposure prevention and services grants to local and tribal health departments.”.

AB50-ASA2-AA8,274,1 134. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,274,2 “Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,274,3 (1) Limited-term employees.

AB50-ASA2-AA8,274,9 (a) In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (a), the dollar amount for fiscal year 2025-26 is increased by $2,815,800 to increase LTE salary and fringe benefits. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (a), the dollar amount for fiscal year 2026-27 is increased by $2,886,800 to increase LTE salary and fringe benefits.

AB50-ASA2-AA8,274,15 (b) In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (kx), the dollar amount for fiscal year 2025-26 is increased by $1,080,900 to increase LTE salary and fringe benefits. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (5) (kx), the dollar amount for fiscal year 2026-27 is increased by $1,110,200 to increase LTE salary and fringe benefits.”.

AB50-ASA2-AA8,274,16 135. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,274,17 “Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,274,23 (1) Marquette dental school services. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (de), the dollar amount for fiscal year 2025-26 is increased by $430,000 and the dollar amount for fiscal year 2026-27 is increased by $430,000 to increase funding DHS provides to the Marquette University School of Dentistry to provide dental services to underserved populations.”.

AB50-ASA2-AA8,275,1 136. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,275,2 “Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,275,8 (1) Maternal and child health; grants for referral services. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (b), the dollar amount for fiscal year 2025-26 is increased by $1,480,000 and the dollar amount for fiscal year 2026-27 is increased by $1,480,000 to fund grants to local and tribal health departments to support referrals to, and maintenance of, maternal and child health resources.”.

AB50-ASA2-AA8,275,9 137. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,275,10 “Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,275,16 (1) Maternal and child health; Well Badger Resource Center website redesign. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (b), the dollar amount for fiscal year 2025-26 is increased by $90,000 and the dollar amount for fiscal year 2026-27 is increased by $90,000 to fund a redesign of the Well Badger Resource Center website to improve accessibility and accuracy of the information on the website.”.

AB50-ASA2-AA8,275,17 138. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,275,18 “Section 421. 46.48 (34) of the statutes is created to read:

AB50-ASA2-AA8,275,21 46.48 (34) Maternal and child health. The department may distribute not more than $800,000 in each fiscal year as grants to local and community-based organizations whose mission is to improve maternal and child health in this state.

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

AB50-ASA2-AA8,276,4 (1) Maternal and child health; grants to maintain certain programs. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (b), the dollar amount for fiscal year 2025-26 is increased by $800,000 and the dollar amount for fiscal year 2026-27 is increased by $800,000 to fund grants under s. 46.48 (34).”.

AB50-ASA2-AA8,276,5 139. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,276,6 “Section 9219. Fiscal changes; Health Services.

AB50-ASA2-AA8,276,12 (1) Medicaid and FoodShare contracts. 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 $28,576,200 and the dollar amount for fiscal year 2026-27 is increased by $28,096,600 to increase funding for contractual services and information technology systems costs for the administration of the Medical Assistance program and the FoodShare program.”.

AB50-ASA2-AA8,276,13 140. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,276,14 “Section 422. 20.455 (1) (hn) of the statutes is created to read:

AB50-ASA2-AA8,276,16 20.455 (1) (hn) Payments to relators. All moneys received by the department that are owed to a relator, to provide payments owed to a relator.

AB50-ASA2-AA8,423 Section 423. 20.9315 of the statutes is created to read:

AB50-ASA2-AA8,276,19 20.9315 False claims; actions by or on behalf of state. (1) In this section:

AB50-ASA2-AA8,276,22 (a) 1. “Claim” means any request or demand, whether under a contract or otherwise, for money or property, whether the state has title to the money or property, that is any of the following:

AB50-ASA2-AA8,277,2 a. Presented to an officer, employee, agent, or other representative of the state.

AB50-ASA2-AA8,277,7 b. Made to a contractor, grantee, or other person if the money or property is to be spent or used on the state’s behalf or to advance a state program or interest and if the state provides any portion of the money or property that is requested or demanded or will reimburse directly or indirectly the contractor, grantee, or other person for any portion of the money or property that is requested or demanded.

AB50-ASA2-AA8,277,9 2. “Claim” includes a request or demand for services from a state agency or as part of a state program.

AB50-ASA2-AA8,277,13 3. “Claim” does not include requests or demands for money or property that the state has paid to an individual as compensation for state employment or as an income subsidy with no restriction on that individual’s use of the money or property.

AB50-ASA2-AA8,277,17 (b) “Knowingly” means, with respect to information, having actual knowledge of the information, acting in deliberate ignorance of the truth or falsity of the information, or acting in reckless disregard of the truth or falsity of the information. “Knowingly” does not mean specifically intending to defraud.

AB50-ASA2-AA8,277,19 (c) “Material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property or the receipt of services.

AB50-ASA2-AA8,277,20 (d) “Medical assistance” has the meaning given under s. 49.43 (8).

AB50-ASA2-AA8,277,21 (e) “Obligation” has the meaning given in 31 USC 3729 (b) (3).

AB50-ASA2-AA8,277,22 (f) “Original source” has the meaning given in 31 USC 3730 (e) (4) (B).

AB50-ASA2-AA8,278,2 (g) “Proceeds” includes damages, civil penalties, surcharges, payments for costs of compliance, and any other economic benefit realized by this state as a result of an action or settlement of a claim.

AB50-ASA2-AA8,278,7 (2) Except as provided in sub. (3), any person who does any of the following is liable to this state for 3 times the amount of the damages that were sustained by the state or would have been sustained by the state,whichever is greater, because of the actions of the person and shall forfeit, for each violation, an amount within the range specified under 31 USC 3729 (a):

AB50-ASA2-AA8,278,9 (a) Knowingly presents or causes to be presented a false or fraudulent claim to a state agency, including a false or fraudulent claim for medical assistance.

AB50-ASA2-AA8,278,12 (b) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim to a state agency, including a false or fraudulent claim for medical assistance.

AB50-ASA2-AA8,278,17 (c) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the Medical Assistance program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Medical Assistance program.

AB50-ASA2-AA8,278,21 (d) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to a state agency or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to a state agency.

AB50-ASA2-AA8,278,22 (e) Conspires to commit a violation under par. (a), (b), (c), or (d).

AB50-ASA2-AA8,279,3 (3) The court may assess against a person who violates sub. (2) not less than 2 nor more than 3 times the amount of the damages sustained by the state because of the acts of the person, and shall not assess any forfeiture, if the court finds all of the following:

AB50-ASA2-AA8,279,6 (a) The person who commits the acts furnished the attorney general with all information known to the person about the acts within 30 days after the date on which the person obtained the information.

AB50-ASA2-AA8,279,7 (b) The person fully cooperated with any investigation by this state of the acts.

AB50-ASA2-AA8,279,12 (c) At the time that the person furnished the attorney general with information concerning the acts, no criminal prosecution or civil or administrative enforcement action had been commenced with respect to any such act, and the person did not have actual knowledge of the existence of any investigation into any such act.

AB50-ASA2-AA8,279,15 (5) (a) Except as provided in subs. (10) and (12), any person may bring a civil action as a qui tam plaintiff against a person who commits an act in violation of sub. (2) for the person and the state in the name of the state.

AB50-ASA2-AA8,280,2 (b) The plaintiff under par. (a) shall serve upon the attorney general a copy of the complaint and documents disclosing substantially all material evidence and information that the plaintiff possesses. The plaintiff shall file a copy of the complaint with the court for inspection in camera. Except as provided in par. (c), the complaint shall remain under seal for a period of 60 days from the date of filing and shall not be served upon the defendant until the court so orders. Within 60 days from the date of service upon the attorney general of the complaint, evidence, and information under this paragraph, the attorney general may intervene in the action.

AB50-ASA2-AA8,280,7 (bm) Any complaint filed by the state in intervention, whether filed separately or as an amendment to the qui tam plaintiff’s complaint, shall relate back to the filing date of the qui tam plaintiff’s complaint to the extent that the state’s claim arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the qui tam plaintiff’s complaint.

AB50-ASA2-AA8,280,10 (c) The attorney general may, for good cause shown, move the court for one or more extensions of the period during which a complaint in an action under this subsection remains under seal.

AB50-ASA2-AA8,280,12 (d) Before the expiration of the period during which the complaint remains under seal, the attorney general shall do one of the following:

AB50-ASA2-AA8,280,14 1. Proceed with the action or an alternate remedy under sub. (10), in which case the action or proceeding under sub. (10) shall be prosecuted by the state.

AB50-ASA2-AA8,280,16 2. Notify the court that he or she declines to proceed with the action, in which case the person bringing the action may proceed with the action.

AB50-ASA2-AA8,280,19 (e) If a person brings a valid action under this subsection, no person other than the state may intervene or bring a related action based upon the same facts underlying the original action while the original action is pending.

AB50-ASA2-AA8,280,22 (f) In any action brought under this subsection or other proceeding under sub. (10), the plaintiff is required to prove all essential elements of the cause of action or complaint, including damages, by a preponderance of the evidence.

AB50-ASA2-AA8,281,4 (6) If the state proceeds with an action under sub. (5) or an alternate remedy under sub. (10), the state has primary responsibility for prosecuting the action under sub. (5) or proceeding under sub. (10). The state is not bound by any act of the person bringing the action, but that person has the right to continue as a party to the action.

AB50-ASA2-AA8,281,12 (7) (b) With the approval of the governor, the attorney general may compromise and settle an action under sub. (5) or an administrative proceeding under sub. (10) to which the state is a party, notwithstanding objection of the person bringing the action, if the court determines, after affording to the person bringing the action the right to a hearing at which the person is afforded the opportunity to present evidence in opposition to the proposed settlement, that the proposed settlement is fair, adequate, and reasonable considering the relevant circumstances pertaining to the violation.

AB50-ASA2-AA8,281,19 (c) Upon a showing by the state that unrestricted participation in the prosecution of an action under sub. (5) or an alternate proceeding under sub. (10) to which the state is a party by the person bringing the action would interfere with or unduly delay the prosecution of the action or proceeding, or would result in consideration of repetitious or irrelevant evidence or evidence presented for purposes of harassment, the court may limit the person’s participation in the prosecution, such as:

AB50-ASA2-AA8,281,20 1. Limiting the number of witnesses that the person may call.

AB50-ASA2-AA8,281,21 2. Limiting the length of the testimony of the witnesses.

AB50-ASA2-AA8,281,22 3. Limiting the cross-examination of witnesses by the person.

AB50-ASA2-AA8,282,2 4. Otherwise limiting the participation by the person in the prosecution of the action or proceeding.

AB50-ASA2-AA8,282,7 (d) Upon a showing by a defendant that unrestricted participation in the prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to which the state is a party by the person bringing the action would result in harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the person’s participation in the prosecution.

AB50-ASA2-AA8,282,15 (8) Except as provided in sub. (7), if the state elects not to participate in an action filed under sub. (5), the person bringing the action may prosecute the action. If the attorney general so requests, the attorney general shall, at the state’s expense, be served with copies of all pleadings and deposition transcripts in the action. If the person bringing the action initiates prosecution of the action, the court, without limiting the status and rights of that person, may permit the state to intervene at a later date upon a showing by the state of good cause for the proposed intervention.

AB50-ASA2-AA8,283,2 (9) Whether or not the state participates in an action under sub. (5), upon a showing in camera by the attorney general that discovery by the person bringing the action would interfere with the state’s ongoing investigation or prosecution of a criminal or civil matter arising out of the same facts as the facts upon which the action is based, the court may stay such discovery in whole or in part for a period of not more than 60 days. The court may extend the period of any such stay upon a further showing in camera by the attorney general that the state has pursued the criminal or civil investigation of the matter with reasonable diligence and the proposed discovery in the action brought under sub. (5) will interfere with the ongoing criminal or civil investigation or prosecution.

AB50-ASA2-AA8,283,15 (10) The attorney general may pursue a claim relating to an alleged violation of sub. (2) through an alternate remedy available to the state or any state agency, including an administrative proceeding to assess a civil forfeiture. If the attorney general elects any such alternate remedy, the attorney general shall serve timely notice of his or her election upon the person bringing the action under sub. (5), and that person has the same rights in the alternate venue as the person would have had if the action had continued under sub. (5). Any finding of fact or conclusion of law made by a court or by a state agency in the alternate venue that has become final is conclusive upon all parties named in an action under sub. (5). For purposes of this subsection, a finding or conclusion is final if it has been finally determined on appeal, if all time for filing an appeal or petition for review with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.

AB50-ASA2-AA8,283,21 (11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an action brought by a person under sub. (5) or the state pursues an alternate remedy relating to the same acts under sub. (10), the person who brings the action shall receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person contributed to the prosecution of the action or claim.

AB50-ASA2-AA8,284,8 (b) Except as provided in par. (e), if an action or claim is one that the court or other adjudicator finds to be based primarily upon disclosures of specific information not provided by the person who brings the action or claim under sub. (5) relating to allegations or transactions specifically disclosed in a criminal, civil, or administrative hearing; legislative or administrative report, hearing, audit, or investigation; or report made by the news media, the court or other adjudicator may award an amount to the person as it considers appropriate, but not more than 10 percent of the proceeds of the action or settlement of the claim, depending upon the significance of the information and the role of the person bringing the action in advancing the prosecution of the action or claim.

AB50-ASA2-AA8,284,13 (c) Except as provided in par. (e), in addition to any amount received under par. (a) or (b), a person bringing an action under sub. (5) shall be awarded his or her reasonable expenses necessarily incurred in bringing the action together with the person’s costs and reasonable actual attorney fees. The court or other adjudicator shall assess any award under this paragraph against the defendant.