LRBa2849/1
FK/TD/PG/MES/TKK:jld&med:ph
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2011 ASSEMBLY BILL 371
March 13, 2012 - Offered by Representatives Mason, C. Taylor, E. Coggs, Roys,
Hulsey, Zamarripa, Pope-Roberts, Sinicki, Milroy, Vruwink, Danou,
Billings, Pasch, Bernard Schaber, Barca, Molepske Jr
and Pocan.
AB371-AA1,1,11 At the locations indicated, amend the bill as follows:
AB371-AA1,1,2 21. Page 1, line 4: delete "abortion," and substitute "abortion;".
AB371-AA1,1,3 32. Page 1, line 5: delete "services," and substitute "services;".
AB371-AA1,1,4 43. Page 1, line 5: delete "drug," and substitute "drug;".
AB371-AA1,2,7 54. Page 1, line 7: delete that line and substitute "procedures; expanding
6eligibility for the earned income tax credit; hospital best practices for postpartum
7patients and newborns; hospital staff privileges and written agreements required for
8nurse-midwives and allowing nurse-midwives to elect to be covered under the
9injured patients and families compensation fund; a report on information related to
10hospital neonatal intensive care units; an electronic application and information
11systems to determine eligibility and register for public assistance programs;
12directing the Department of Health Services to request a Medical Assistance waiver;
13evidence-based home visitation program services for persons who are at risk of poor

1birth outcomes or of abusing or neglecting their children; designating race and
2ethnicity on birth certificates; requiring informed consent for performance of certain
3elective procedures prior to the full gestational term of a fetus; cultural competency
4training for medical students and students enrolled in programs in a health care
5occupation in the University of Wisconsin-System and certain technical college
6students; granting rule-making authority; requiring the exercise of rule-making
7authority; and providing a penalty.".
AB371-AA1,2,8 85. Page 3, line 1: before that line insert:
AB371-AA1,2,9 9" Section 1am. 36.25 (49g) of the statutes is created to read:
AB371-AA1,2,1810 36.25 (49g) Cultural competency training. The board shall ensure that all
11students enrolled in the University of Wisconsin-Madison School of Medicine and
12Public Health, or in any program providing instruction for a health care or social
13work occupation, receive training in cultural competency to improve
14patient-centered care, which shall include evidence-based training related to
15implicit bias and emerging evidence related to cultural humility, in order to increase
16the students' cultural awareness and to improve the students' ability to
17communicate with, and effectively deliver health care to, patients from different
18racial and ethnic backgrounds.
AB371-AA1, s. 1b 19Section 1b. 38.04 (32) of the statutes is created to read:
AB371-AA1,3,220 38.04 (32) Cultural competency training. The board shall ensure that
21technical college students enrolled in health care occupation programs receive
22training in cultural competency to improve patient-centered care, which shall
23include evidence-based training related to implicit bias and emerging evidence
24related to cultural humility, in order to increase the students' cultural awareness and

1to improve the students' ability to communicate with, and effectively deliver health
2care to, patients from different racial and ethnic backgrounds.
AB371-AA1, s. 1c 3Section 1c. 48.983 (4) (a) 4m. of the statutes is amended to read:
AB371-AA1,3,94 48.983 (4) (a) 4m. To reimburse a case management provider under s. 49.45 (25)
5(b) for the amount of the allowable charges under the Medical Assistance program
6that is not provided by the federal government for case management services
7provided to a Medical Assistance beneficiary described in s. 49.45 (25) (am) 9. who
8is a child and who is a member of a family that receives evidence-based home
9visitation program services under par. (b) 1.
AB371-AA1, s. 1d 10Section 1d. 48.983 (4) (b) of the statutes is amended to read:
AB371-AA1,4,1411 48.983 (4) (b) Home Evidence-based home visitation program services. 1. A
12county, private agency, or Indian tribe that is selected to participate in the program
13under this section shall offer all pregnant women in the county, the area in which
14that private agency is providing services, or the reservation of the tribe who are
15eligible for Medical Assistance under subch. IV of ch. 49 an opportunity to undergo
16an assessment through use of a risk assessment instrument to determine whether
17the person assessed presents risk factors for poor birth outcomes or for perpetrating
18child abuse or neglect. Persons who agree to be assessed shall be assessed during
19the prenatal period. The risk assessment instrument shall be developed by the
20department and shall be based on risk assessment instruments developed by the
21department for similar programs that are in operation. The department need not
22promulgate as rules under ch. 227 the risk assessment instrument developed under
23this subdivision. A person who is assessed to be at risk of poor birth outcomes or of
24abusing or neglecting his or her child shall be offered evidence-based home visitation
25program services that shall be commenced during the prenatal period. Home

1Evidence-based home visitation program services may be provided to a family with
2a child identified as being at risk of child abuse or neglect until the identified child
3reaches 3 years of age. If a family has been receiving evidence-based home visitation
4program services continuously for not less than 12 months, those services may
5continue to be provided to the family until the identified child reaches 3 years of age,
6regardless of whether the child continues to be eligible for Medical Assistance under
7subch. IV of ch. 49. If risk factors for child abuse or neglect with respect to the
8identified child continue to be present when the child reaches 3 years of age,
9evidence-based home visitation program services may be provided until the
10identified child reaches 5 years of age. Home Evidence-based home visitation
11program services may not be provided to a person unless the person gives his or her
12written informed consent to receiving those services or, if the person is a child, unless
13the child's parent, guardian, or legal custodian gives his or her written informed
14consent for the child to receive those services.
AB371-AA1,4,1815 1m. No person who is required or permitted to report suspected or threatened
16abuse or neglect under s. 48.981 (2) may make or threaten to make such a report
17based on a refusal of a person to receive or to continue receiving evidence-based
18home visitation program services under subd. 1.
AB371-AA1,4,2219 3. A county, private agency, or Indian tribe that is providing evidence-based
20home visitation program services under subd. 1. shall provide to a person receiving
21those services the information relating to shaken baby syndrome and impacted
22babies required under s. 253.15 (6).
AB371-AA1, s. 1e 23Section 1e. 48.983 (6) (a) (intro.) of the statutes is amended to read:
AB371-AA1,5,3
148.983 (6) (a) (intro.) The part of an application, other than a renewal
2application, submitted by a county, private agency, or Indian tribe that relates to
3evidence-based home visitation programs shall include all of the following:
AB371-AA1, s. 1f 4Section 1f. 48.983 (6) (a) 1. of the statutes is amended to read:
AB371-AA1,5,115 48.983 (6) (a) 1. Information on how the applicant's home visitation program
6is evidence-based, comprehensive, incorporates practice standards that have been
7developed for home visitation programs by entities concerned with the prevention of
8poor birth outcomes and child abuse and neglect and that are acceptable to the
9department, and incorporates practice standards and critical elements that have
10been developed for successful home visitation programs by a nationally recognized
11home visitation program model and that are acceptable to the department.
AB371-AA1, s. 1g 12Section 1g. 48.983 (6) (a) 2. of the statutes is amended to read:
AB371-AA1,5,1813 48.983 (6) (a) 2. Documentation that the application was developed through
14collaboration among public and private organizations that provide services to
15children and families, especially children who are at risk of child abuse or neglect and
16families that are at risk of poor birth outcomes, or that are otherwise interested in
17child welfare and a description of how that collaboration effort will support a
18comprehensive, evidence-based home visitation program.
AB371-AA1, s. 1h 19Section 1h. 48.983 (6) (a) 3. of the statutes is amended to read:
AB371-AA1,5,2420 48.983 (6) (a) 3. An identification of existing poor birth outcome and child abuse
21and neglect prevention services that are available to residents of the county, the area
22in which the private agency is providing services, or the reservation of the Indian
23tribe and a description of how those services and any additional needed services will
24support a comprehensive, evidence-based home visitation program.
AB371-AA1, s. 1i 25Section 1i. 48.983 (6) (a) 4. of the statutes is amended to read:
AB371-AA1,6,4
148.983 (6) (a) 4. An explanation of how the evidence-based home visitation
2program will build on existing poor birth outcome and child abuse and neglect
3prevention programs, including programs that provide support to families, and how
4the evidence-based home visitation program will coordinate with those programs.
AB371-AA1, s. 1j 5Section 1j. 48.983 (6) (a) 4m. of the statutes is amended to read:
AB371-AA1,6,86 48.983 (6) (a) 4m. An explanation of how the applicant will encourage private
7organizations to provide services under the applicant's evidence-based home
8visitation program.
AB371-AA1, s. 1k 9Section 1k. 48.983 (6) (a) 6. of the statutes is amended to read:
AB371-AA1,6,1410 48.983 (6) (a) 6. An identification of how the evidence-based home visitation
11program is comprehensive and incorporates the practice standards and critical
12elements for successful home visitation programs referred to in subd. 1., including
13how services will vary in intensity levels depending on the needs and strengths of the
14participating family.
AB371-AA1,6,15 15Section 1L 48.983 (6) (a) 6m. of the statutes is amended to read:
AB371-AA1,6,1816 48.983 (6) (a) 6m. An explanation of how the services to be provided under the
17evidence-based home visitation program, including the risk assessment under sub.
18(4) (b) 1., will be provided in a culturally competent manner.
AB371-AA1, s. 1m 19Section 1m. 48.983 (6) (b) 1. of the statutes is amended to read:
AB371-AA1,7,520 48.983 (6) (b) 1. `Flexible fund for evidence-based home visitation programs.'
21The applicant demonstrates in the application that the applicant has established, or
22has plans to establish, if selected, a fund from which payments totaling not less than
23$250 per calendar year may be made for appropriate expenses of each family that is
24participating in the evidence-based home visitation program under sub. (4) (b) 1. or
25that is receiving home visitation services under s. 49.45 (44). The payments shall be

1authorized by an individual designated by the applicant. If an applicant makes a
2payment to or on behalf of a family under this subdivision, one-half of the payment
3shall be from grant moneys received under this section and one-half of the payment
4shall be from moneys provided by the applicant from sources other than grant
5moneys received under this section.
AB371-AA1, s. 1n 6Section 1n. 48.983 (6) (c) of the statutes is amended to read:
AB371-AA1,7,127 48.983 (6) (c) Case management benefit. The applicant states in the grant
8application that it has elected, or, if selected, that it will elect, under s. 49.45 (25) (b),
9to make the case management benefit under s. 49.45 (25) available to the category
10of beneficiaries under s. 49.45 (25) (am) 9. who are children and who are members
11of families receiving evidence-based home visitation program services under sub. (4)
12(b) 1.
AB371-AA1, s. 1p 13Section 1p. 48.983 (6g) (a) and (b) of the statutes are amended to read:
AB371-AA1,7,2314 48.983 (6g) (a) Except as permitted or required under s. 48.981 (2), no person
15may use or disclose any information concerning any individual who is selected for an
16assessment under sub. (4) (b), including an individual who declines to undergo the
17assessment, or concerning any individual who is offered services under a an
18evidence-based
home visitation program funded under this section, including an
19individual who declines to receive those services, unless the use or disclosure is
20connected with the administration of the evidence-based home visitation program
21or the administration of the Medical Assistance program under ss. 49.43 to 49.497
22or unless the individual has given his or her written informed consent to the use or
23disclosure.
AB371-AA1,8,424 (b) A county, private agency, or Indian tribe that is selected to participate in the
25program under this section shall provide or shall designate an individual or entity

1to provide an explanation of the confidentiality requirements under par. (a) to each
2individual who is offered an assessment under sub. (4) (b) or who is offered services
3under the evidence-based home visitation program of the county, private agency, or
4Indian tribe.
AB371-AA1, s. 1q 5Section 1q. 48.983 (6m) of the statutes is amended to read:
AB371-AA1,8,146 48.983 (6m) Notification of parent prior to making abuse or neglect report.
7If a person who is providing services under a an evidence-based home visitation
8program under sub. (4) (b) 1. determines that he or she is required or permitted to
9make a report under s. 48.981 (2) about a child in a family to which the person is
10providing those services, the person shall, prior to making the report under s. 48.981
11(2), make a reasonable effort to notify the child's parent that a report under s. 48.981
12(2) will be made and to encourage the parent to contact a county department to
13request assistance. The notification requirements under this subsection do not affect
14the reporting requirements under s. 48.981 (2).
AB371-AA1, s. 1r 15Section 1r. 48.983 (6r) of the statutes is amended to read:
AB371-AA1,8,2016 48.983 (6r) Home Evidence-based home visitation program informational
17materials.
Any informational materials about a an evidence-based home visitation
18program under sub. (4) (b) 1. that are distributed to a person who is offered or who
19is receiving home visitation program services under that program shall state the
20sources of funding for the program.
AB371-AA1, s. 1s 21Section 1s. 48.983 (7) (title) and (a) (intro.) of the statutes are amended to
22read:
AB371-AA1,9,223 48.983 (7) (title) Home Evidence-based home visitation program evaluation.
24(a) (intro.) The department shall conduct or shall select an evaluator to conduct an
25evaluation of the evidence-based home visitation program. The evaluation shall

1measure all of the following criteria in families that have participated in the home
2visitation
that program and that are selected for evaluation:
AB371-AA1, s. 1t 3Section 1t. 48.983 (7) (ag) of the statutes is amended to read:
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