Amendment SA4-SSA2-SB45

SB45-SSA2-SA4,66,14 2. For all other health care entities, a forfeiture of up to $500,000 for each report not provided or containing false information.

SB45-SSA2-SA4,130 Section 130. 250.15 (1) (b) 7. of the statutes is created to read:

SB45-SSA2-SA4,66,16 250.15 (1) (b) 7. The organizations are not health center look-alikes.

SB45-SSA2-SA4,131 Section 131. 250.15 (1) (c) of the statutes is created to read:

SB45-SSA2-SA4,66,20 250.15 (1) (c) “Health center look-alike” means a health care entity that is designated by the federal health resources and services administration as a federally qualified health center look-alike.

SB45-SSA2-SA4,132 Section 132. 250.15 (2) (d) of the statutes is amended to read:

SB45-SSA2-SA4,66,23 250.15 (2) (d) Two million two hundred fifty thousand dollars to To free and charitable clinics, $2,500,000.

SB45-SSA2-SA4,133 Section 133. 250.15 (2) (e) of the statutes is created to read:

SB45-SSA2-SA4,67,2 250.15 (2) (e) To health center look-alikes, $200,000. A grant awarded to a health center look-alike under this paragraph may not exceed $100,000.

SB45-SSA2-SA4,134 Section 134. 252.12 (2) (a) 8. (intro.) of the statutes is amended to read:

SB45-SSA2-SA4,67,15 252.12 (2) (a) 8. ‘Mike Johnson life care and early intervention services grants.’ (intro.) The department shall award not more than $4,000,000 $4,500,000 in each fiscal year in grants to applying AIDS service organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation account under s. 20.435 (5) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation account under s. 20.435 (1) (am). All of the following apply to grants awarded under this subdivision:

SB45-SSA2-SA4,135 Section 135. 253.07 (1) (a) 3. of the statutes is created to read:

SB45-SSA2-SA4,67,17 253.07 (1) (a) 3. Pregnancy termination.

SB45-SSA2-SA4,136 Section 136. 253.07 (1) (b) 3. of the statutes is created to read:

SB45-SSA2-SA4,67,19 253.07 (1) (b) 3. Pregnancy termination.

SB45-SSA2-SA4,137 Section 137. 253.07 (5) (b) (intro.) of the statutes is renumbered 253.07 (5) (b) and amended to read:

SB45-SSA2-SA4,68,2 253.07 (5) (b) Subject to par. (c), a A public entity that receives women’s health funds under this section may provide some or all of the funds to other public or private entities provided that the recipient of the funds does not do any of the following:.

SB45-SSA2-SA4,138 Section 138. 253.07 (5) (b) 1. to 3. of the statutes are repealed.

SB45-SSA2-SA4,139 Section 139. 253.07 (5) (c) of the statutes is repealed.

SB45-SSA2-SA4,140 Section 140. 253.094 of the statutes is created to read:

SB45-SSA2-SA4,68,10 253.094 Right to abortion. (1) Every individual has the fundamental right to bodily autonomy, which includes the right to access abortion. The state may not prohibit an individual from obtaining an abortion at any time during the pregnancy if an abortion is necessary in the professional judgment of the individual’s medical provider.

SB45-SSA2-SA4,68,15 (2) (a) Except as provided in sub. (1), a law or rule of this state that restricts an individual’s access to abortion is unenforceable if the law or rule does not confer any legitimate health benefit, such as by expanding an individual’s access to health care services or by, according to evidence-based research, increasing the individual’s safety.

SB45-SSA2-SA4,68,20 (b) Any person that is or may be aggrieved by the enforcement of a law or rule passed or promulgated after the effective date of this paragraph .... [LRB inserts date], that violates this subsection may bring an action in state or federal court for injunctive relief or damages against a state or local official who enforces or attempts to enforce such a law or rule.

SB45-SSA2-SA4,141 Section 141. 253.095 of the statutes is repealed.

SB45-SSA2-SA4,142 Section 142. 253.10 of the statutes is repealed and recreated to read:

SB45-SSA2-SA4,69,2 253.10 Requirements for providers of abortion care. (1) All requirements applicable to health care providers are applicable to providers of abortion care.

SB45-SSA2-SA4,143 Section 143. 253.105 of the statutes is repealed.

SB45-SSA2-SA4,144 Section 144. 253.107 (1) (b) of the statutes is amended to read:

SB45-SSA2-SA4,69,7 253.107 (1) (b) “Medical emergency” has the meaning given in s. 253.10 (2) (d) means a condition, in a physician’s reasonable medical judgment, that makes an abortion necessary.

SB45-SSA2-SA4,145 Section 145. 253.13 (6) of the statutes is created to read:

SB45-SSA2-SA4,69,14 253.13 (6) Federal recommendations; evaluation procedure. (a) Initial evaluation. 1. Subject to subd. 2., for any disorder that is added to the federal recommended uniform screening panel approved by the federal department of health and human services after January 1, 2025, and that is not included in the list of disorders under s. DHS 115.04, Wis. Adm. Code, the department shall do all of the following within 18 months after the addition of the disorder:

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: