(b) Notwithstanding section 16.42 of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2003-2005 biennial budget bill, the department of health and family services shall submit information concerning the appropriation under section 20.435 (5) (dm) of the statutes as though the increase in the dollar amount of that appropriation by Section 9329 (18z) of this act had not been made.
(2g) Bioterrorism response and preparedness.
(a) In this subsection:
1. "Emergency medical technician" has the meaning given in section 146.50 (1) (e) of the statutes.
2. "Fire fighter" has the meaning given in section 38.24 (5) (a) 1m. of the statutes.
3. "First responder" has the meaning given in section 146.50 (1) (hm) of the statutes.
4. "Law enforcement officer" has the meaning given in section 165.85 (2) (c) of the statutes.
(b) By April 15, 2002, before submitting a plan for expenditure of federal funds for bioterrorism response and preparedness for which Wisconsin is eligible under Public Law 107-117, to the federal department of health and human services, the department of health and family services shall submit the plan to the joint committee on finance for review and approval.
(c) The plan specified under paragraph (b) shall include, to the extent permitted under Public Law 107-117, all of the following:
1. A proposal to allocate up to $3,600,000 of Wisconsin's total allocation to fund all of the following:
a. Communications equipment.
b. Safety or protective equipment for law enforcement officers, fire fighters, emergency medical technicians, first responders, or local emergency response team members under section 166.22 of the statutes, who respond to emergencies.
c. Training related to investigation of, prevention of, or response to acts of terrorism that pose a threat to the environment.
d. Information systems, software, or computer equipment for investigating acts of terrorism that pose a threat to the environment.
e. Training for specific special events where heightened security risks exist.
f. Regional emergency response teams under section 166.215 (1) of the statutes or their expansion.
g. Volunteer emergency medical service entities under section 146.50 of the statutes, as affected by this act, that are short of staff or are in need of additional training.
2. A proposal to fund all of the following:
a. An increase of 2.5 FED positions in the department of health and family services to perform surveillance of and respond to communicable and infectious diseases and biological and chemical potential threats to the state.
b. The statewide trauma care system under section 146.56 of the statutes, as affected by this act.
c. An increase of 1.0 FED microbiologist position for the state laboratory of hygiene and all bioterrorism-related laboratory expenses.
(2v) Disease management.
(a) In this subsection, "disease management" has the meaning given in section 49.45 (50) (a) of the statutes, as created by this act.
(b)
By January 1, 2003, the department of health and family services shall invite proposals, under the department's request-for-proposals procedures, from entities to engage in activities of disease management on behalf of recipients of medical assistance.
(2w) Medical assistance provider fraud and abuse; rules. The department of health and family services shall submit in proposed form the rules required under section 49.45 (2) (a) 9. of the statutes, as affected
by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.
(2zw) Exceptions to compulsory vaccination; rules.
(a) The department of health and family services shall submit in proposed form the rules required under section 252.041 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.
(b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.041 (2) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health and family services 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.
(2zx) Medical conditions for which pharmaceutical drugs are dispensed or sold; rules.
(a) The department of health and family services shall submit in proposed form the rules required under section 252.02 (7) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.
(b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.02 (7) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department of health and family services 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.
(3f) Study of federal primary health care funding.
(a) In this subsection, "federally qualified health center" has the meaning given in
42 USC 1396d (L) (2) (B).
(b) The department of health and family services shall, in consultation with the Wisconsin Primary Health Care Association, Inc., study aspects of federal primary health care funding that is available to public and private nonprofit entities under
42 USC 254b. The study shall include all of the following:
1. A review of statutory, regulatory, and policy requirements for grantees and potential grant applicants.
2. Suggestions for expanding the number of federally qualified health centers in Wisconsin; the number of sites operated by entities currently funded under
42 USC 254b; and other ways to increase the amount of federal funding for Wisconsin health care clinics.
(c) By June 30, 2002, the department of health and family services shall submit a report of the study under paragraph (b) to the legislature in the manner provided under section 13.172 (3) of the statutes and to the joint committee on finance.
(3xz) State centers task force.
(a) The department of health and family services shall create a task force that shall develop a plan for the state centers for the developmentally disabled. The plan, which shall be completed by the first day of the 7th month beginning after the effective date of this paragraph, shall include any recommended statutory language changes needed to implement the plan. The department shall submit this recommended statutory language to the department of administration as part of the department of health and family services' 2003-05 biennial budget request and to the legislature. The plan shall do the following:
1. Specify the future role of the state and the state centers for the developmentally disabled in providing services for persons with developmental disabilities.
2. Attempt to maximize the potential for independent living in the most appropriate setting and ensure quality care and services for each person residing in the state centers for the developmentally disabled, according to the person's wishes.
3. If the task force recommends closing a state center for the developmentally disabled, define and recommend changes in the role of one or more of the state centers for the developmentally disabled, including functioning other than as a state center for the developmentally disabled.
4. Ensure the provision of quality community-based services for persons who are able to be relocated from the state centers.
5. Provide for transitional employment opportunities and services for existing staff of the state centers for the developmentally disabled, in the event that one or more of the state centers close or are assigned new functions.
(b) The department of health and family services shall appoint the membership of the task force described in paragraph (a). The task force shall include representatives of all of the following:
1. The department of health and family services.
2. The department of veterans affairs.
3. The department of corrections.
4. The governor's office.
5. The American Federation of State, County and Municipal Employees union, the Service Employees International union, District 1199, and other labor unions.
6. Parents or guardians of current residents of the state centers for the developmentally disabled.
7. Former and current residents of the state centers for the developmentally disabled.
8. Advocates for persons with developmental disabilities.
9. A member of the board of an intermediate care facility for the mentally retarded.
10. Organizations that provide services to persons with developmental disabilities in the community.
11. County departments that provide services to persons with developmental disabilities.
(4g) Fees for patient health care records; rules.
(a) The department of health and family services shall submit in proposed form the rules required under section 146.83 (3m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this subsection.
(b) To develop the rules under paragraph (a), the secretary of health and family services shall establish an advisory committee composed of members who represent a balance of persons who maintain patient health care records and persons who request patient health care records.
(4r) Prohibiting recovery of pharmacy overpayments.
(a) The department of health and family services may not recover any part of a payment to which all of the following apply:
1. The payment was made by the department between July 1, 1998, and January 29, 2001, for a prescription drug under the health insurance risk-sharing plan under chapter 149 of the statutes.
2. In December 2001, the department issued a notice of intent to recover all or part of the payment.
3. The intended recovery of all or part of the payment is based on a determination by the department that the amount paid was incorrect due to the transition of the administration of the health insurance risk-sharing plan under chapter 149 of the statutes from the office of the commissioner of insurance to the department.
(b) The department of health and family services shall return to any person, as defined in section 990.01 (26) of the statutes, any amount that is prohibited from recovery under this subsection that was recovered by the department before the effective date of this paragraph.
109,9125
Section 9125.
Nonstatutory provisions; historical society.
(1d) Historical society. The historical society shall allocate $100,000 in fiscal year 2001-02 and $100,000 in fiscal year 2002-03 for the office of local history and the historical society library.
109,9127
Section 9127.
Nonstatutory provisions; insurance.
(1x) Uniform employee application form rules. The commissioner of insurance shall submit in proposed form the rules required under section 601.41 (8) (b) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 5th month beginning after the effective date of this subsection.
109,9131
Section 9131.
Nonstatutory provisions; justice.
(2x) Automated fingerprint identification system work station for city of Racine. From the appropriation under section 20.455 (2) (cr) of the statutes, as created by this act, the department of justice shall award $63,200 to the city of Racine police department in fiscal year 2002-03 for the purchase of an automated fingerprint identification system work station and for the installation of a Badgernet line for the work station. The city of Racine police department and the department of justice shall enter into an agreement regarding the duties and obligations of the police department and the department of justice with respect to the use of the automated fingerprint identification system work station and regarding the use of, and access to, the state automated fingerprint identification system and to other criminal record databases.
(2xz) Increase in positions. The authorized FTE positions for the department of justice, funded from the appropriation under section 20.455 (1) (j) of the statutes, as created by this act, are increased by 5.5 PR positions.
109,9132
Section 9132.
Nonstatutory provisions; legislature.
(1c) Program evaluation and management audit of department of administration.
(a) The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a program evaluation and management audit of the department of administration to determine whether state government could function effectively without the department. If the audit is undertaken, the bureau is requested to include each of the following elements to the extent they are considered appropriate by the bureau:
1. A comparison of the functions and responsibilities of the department at the time that it was created and the current functions and responsibilities of the department.
2. A review of whether any administrative functions have been removed from the department since the time that it was created and whether the administrative functions that the department retains are significant enough to justify a separate department.
3. A comparison of the department's central administrative functions, efficiencies, and related budgetary impacts with the central administrative functions, efficiencies, and budgetary impacts associated with similar agencies in other states.
4. A comparison of the budgeted and per capita costs of the department at the time of its creation with the current budgeted and per capita costs of the department, together with the costs of any other agencies or subunits thereof to which original functions or responsibilities of the department have been transferred.
5. A review of the policy-making responsibilities that have been assigned to the department, including an assessment of whether such responsibilities could be more effectively administered by other state agencies.
6. An assessment of whether any functions or responsibilities of the department duplicate those of other state agencies and could therefore be reduced or eliminated.
7. A review of whether the efficiencies and cost savings intended by the legislature and governor when the department was created have been realized.
8. An assessment of whether there are any impediments to decentralizing those responsibilities and functions that are currently assigned to the department by assigning these functions and responsibilities to the office of the governor or to other state agencies.
9. A review of the costs charged by the department to other state agencies or to local governments and an assessment of whether the responsibilities and functions funded by these charges could be effectively undertaken by this state if the department did not exist.
(b) If the bureau undertakes the audit, the bureau is requested to submit a report of its findings and recommendations to the distributees specified in section 13.94 (1) (b) of the statutes no later than the first day of the 9th month beginning after the effective date of this paragraph.
(3q) Study of certain election administration services. The joint legislative council is requested to conduct a study of election administration services performed by municipalities and counties and prepare recommendations for the consolidation of those services. If the joint legislative council conducts the study and prepares the recommendations, it shall report its findings, conclusions, and recommendations, in the manner provided under section 13.172 (2) of the statutes, to the 2003 legislature when that legislature convenes.
(4v) Declaratory judgment. The legislature directs the attorney general to promptly commence an action seeking a declaratory judgment that the treatment of chapter 11 of the statutes by this act, including specifically the treatment of sections 11.01 (16) (a) 3., 11.06 (2), 11.12 (6) (am) and (c), 11.24 (1w), 11.26 (1) (intro.), (1m), (2) (a), (ae), (am), (as), and (av), (2m), (8), (8n), (8r), (9) (a), and (9m), 11.31 (3p), 11.50 (2s) (f) and (4) (bg) and (br), and 11.60 (3r) of the statutes are constitutional. The legislature directs the attorney general to petition for leave to commence the action as an original action before the Wisconsin supreme court. If such a petition is denied, the legislature directs the attorney general to commence the action in the circuit court for Dane County. If the attorney general fails to commence an action under this subsection by the 61st day following the effective date of this subsection, the joint committee on legislative organization shall, within 30 days thereafter, retain counsel for the purpose of commencing such an action.
109,9136
Section 9136.
Nonstatutory provisions; military affairs.
(1) Youth Challenge program. The authorized FTE positions for the department of military affairs are decreased by 17.2 GPR positions on July 1, 2002, and increased by 17.2 PR positions on July 1, 2002, to be funded from the appropriation under section 20.465 (4) (ka) of the statutes, as affected by this act, for the Youth Challenge program.
