Long-Term Care Legislative Update
Marhc 21, 2006

  • March Floor Period is Finished, Next Floor Period Scheduled for Late April and Early May
  • Legislation to be Introduced on “Self-Directed Service” Programs
  • Assisted Living Forum Scheduled for Tuesday, March 14th in Madison
  • Legislative Fiscal Bureau Analysis on TABOR-II Constitutional Amendment Available
  • Articles on Recent Jury Guilty Verdict of Former Assembly Speaker
  • Reminder: DHFS Assisted Living Forum Tuesday, March 14th
  • Enrolled Bills – Healthcare Bills That Governor has Until April 20 to Take Action Upon
  • New Legislative Bills – Recently Introduced
  • Legislative Committee Public Hearings

March Floor Period is Finished, Next Floor Period Scheduled for Late April and Early May
The Legislature was expected to finish action on most bills and resolutions last Thursday, March 9th.  At this time however, legislative leadership has not announced any decisions on what criteria or restrictions will be used during the remaining April-May floor period.  Therefore, at this time most legislation remains “alive” for the Legislature to consider. The next senate and assembly floor period is scheduled for April 25 thru May 4.  A limited floor period will be held again on May 16 thru May 18.  Updates will be provided, as information is made available.  To view a list of “enrolled bills” (those bills that the Governor can sign into law or veto) look to “Enrolled Bills Affecting Healthcare”.

Legislation to be Introduced on “Self-Directed Service” Programs
Rep. Kitty Rhoades testified last Monday, March 6th before the Senate Health, Children, Families, Aging and Long-Term Care Committee on Senate Bill 653 which would remove restrictions to allow expansion of Family Care resource centers and care management organizations (CMOs) to additional counties.  Rep. Rhoades testified and requested that the Committee consider allowing persons who are eligible for Family Care to have a second option of self-directed services program.  In her testimony Rep. Rhoades stated that self-directed service programs in particular maximize an individual’s choice of services and providers.  In a co-sponsorship memo released by Rep. Rhoades it was stated that by putting individuals in direct control of the defined assistance they receive, these programs promote “real world” responsibility, self-determination, independence, and cost savings like no other program.  Neither the Committee nor the Senate amended SB-653 last week to include these provisions.  Senate Bill 653 passed the Senate last week and could pass the Assembly in the April-May floor period.

Legislative Fiscal Bureau Analysis on TABOR-II Constitutional Amendment Available
Further analysis of TABOR-II, the proposal to amend Wisconsin’s Constitution with a formula to restrict state and local revenue generation and spending, is now available by the independent Legislative Fiscal Bureau.  To review these materials, click on LFB Analysis of TABOR-II.

Jensen found guilty of 3 felonies, a misdemeanor
Wisconsin State Journal (Saturday, March 12, 2006)
The conviction of former Assembly Speaker Scott Jensen - once one of the most powerful politicians in Wisconsin - shows "no one is above the law," Dane County District Attorney Brian Blanchard said Saturday. (More…)
http://www.madison.com/wsj/mad/top/index.php?ntid=75988&ntpid=4


Jensen to give up his office
Wisconsin State Journal (Saturday, March 14, 2006)
Lawmaker Scott Jensen, the powerful former Assembly speaker who once hoped to be governor, said Monday he will leave his post by next week.  The decision put an official end to a legislative career that had been essentially closed Saturday, when a jury convicted him of misconduct charges. The Waukesha Republican was the last of five prominent lawmakers to leave the Legislature following an investigation into widespread employee campaigning at the Capitol. (More…)
http://www.madison.com/wsj/mad/top/index.php?ntid=76162&ntpid=2

Reminder: DHFS Assisted Living Forum
Tuesday, March 14, 2006
Madison Area Technical College
211 N. Carroll Street – Room 240
Madison, Wisconsin

 

Enrolled Bills – Healthcare Bills That Governor Has Until April 20 to Take Action Upon
(This list of healthcare related bills will be enacted into law or vetoed by the Governor)

Enrolled Senate Bills:
SB-157. Access to places by disabled persons accompanied by service dogs.
SB-312. Expands relocations from nursing homes under a community integration program to include persons who are diverted from imminent entry into nursing homes.
SB-420. Definition of a group health benefit plan.
SB-447. Punitive damage awards.
SB-501. Damages for frivolous claims.
SB-529. Special education programs for children with disabilities.
SB-536. Eliminates transitional halfway house building authority.
SB-547. Requires DHFS to treat four counties as one labor region for purposes of MA nursing home reimbursement.
SB-578. Confidentiality of health care review records; immunity.
SB-579. Caregiver background information.
SB-652. Pseudo ephedrine regulation changes; police access to pharmacy records.

Enrolled Assembly Bills:
AB-36. Classification of jail prisoners for determining housing assignments.
AB-122. Medical assistance reimbursement for transportation by specialized medical vehicles.
AB-258. Prescription drug labels.
AB-269. Prescription drug labels.
AB-387. Eligibility of a person enrolled in a program that confers a master’s degree in nursing for a loan under the Nursing Student Loan Program.
AB-617. Coverage of certain health care costs in cancer clinical trials.
AB-650. Non-probate transfer of real property at death.
AB-683. Authorizes medically related actions by advanced practice nurse prescribers and physician assistants.
AB-722. Licensure of pharmacies located outside the state.
AB-785. Protective placements and protective services.
AB-792. Home care worker placement.
AB-907. Requires contract with a data organization for collection, analysis and dissemination of health care claims and information.
AB-912. Allows an individual to restrict release of credit reports.
AB-926. Group health care plans offered b health benefit purchasing cooperatives.
AB-981. MA funding changes.
AB-1071. Time limit for a person under 18 to bring an action against a health care provider.
AB-1072. Awards for malpractice; evidence of compensation for those damages.
AB-1073. Recovery of non-economic damages in medical malpractice cases.
AB-1074. Recovery of attorney fees in medical malpractice cases.

 

NEW LEGISALTIVE BILLS \ RECENTLY INTRODUCED

Senate Bill Introductions
SB-605. Hospitals (Roessler) Changes definition of hospital for purposes of approval by DHFS and MA reimbursement. To Health, Children, Families, Aging and Long Term Care.
SB-615. UC Benefits (Hansen) Exempts unemployment compensation benefits from taxation. To Labor and Election Process Reform.
SB-617. Preferred Provider Plans (Kapanke) Prohibits certain rules related to defined network plans and preferred provider plans; requires defined network plans and PPPs to provide certain notices; requires insurance commissioner to publish a guide describing out-of-network coverage for all defined network plans; other miscellaneous provisions related to PPS. To Agriculture and Insurance.
SB-619. Mergers (Kanavas) Chapter 180 Revisions – Regulates mergers, conversions, and other business combinations. To Job Creation, Economic Development and Consumer Affairs.
SB-624. Income Taxes (Hansen) Federalizes the state individual income tax capital loss limit for taxpayers age 64 or older. To Job Creation, Economic Development and Consumer Affairs.
SB-632. Probation, etc. Hearings (Hansen) Admitting of prior testimony of a felony victim at a probation, parole, or extended supervision revocation hearing. To Judiciary, Corrections and Privacy.
SB-650. Treatment Records (Roessler) Registration and treatment records for services for mental illness, developmental disability, alcoholism or drug dependence; exception to confidentiality for treatment records; good faith exception to liability for release of records by a record custodian. To Health, Children, Families, Aging and Long Term Care.

 

Assembly Bill Introductions
AB-1039. Chiropractors (Kestell) Persons to whom liability insurance claim settlement checks must be made payable; independent evaluations for insurance coverage of chiropractic treatment; current procedural terminology codes on health insurance claim forms; direct payment to a chiropractor. To Insurance.
AB-1052. Health Plans (Nischke) Prohibits certain rules related to defined network plans and preferred provider plans; requires defined network plans and PPPs to provide certain notices, requires insurance commissioner to publish a guide describing out-of-network coverage for all defined network plans; various other miscellaneous changes related to preferred provider plans. To Insurance.
AB-1056. Professional Organizations (Loeffelholz) Registration of professional employer organizations. To Financial Insitutions.
AB-1063. Victim Statements (Kessler) Notice to a victim of the right to make a statement at sentencing or disposition. To Judiciary.
AB-1064. Physical Therapists (Moulton) Changes affecting the Physical Therapists Affiliated Credentialing Board. To Health.
AB-1067. Drug Manufacturers (Davis) Regulates payments and gifts by drug manufacturers and distributors and consulting agreements between certain health care providers and drug manufacturers and distributors. TO Health.
AB-1071. Malpractice Actions (Gielow) Time limit for a person under the age of 18 to bring an action against a health care provider. To Insurance.
AB-1072. Malpractice Actions (Gielow) Awards to persons suffering damages as the result of medical malpractice and evidence of compensation for those damages. To Insurance.
AB-1073. Malpractice Actions (Gielow) Recovery of non-economic damages in medical malpractice cases. To Insurance.
AB-1074. Medical Malpractice (Vos) Recovery of attorney fees in medical malpractice cases. To Insurance.
AB-1087. Prostate Cancer (Ward) creating an individual income tax checkoff for prostate cancer research, creating the Prostate Cancer Research Board, creating the prostate cancer research program
AB-1090Pseudoephedrine (Rhoades)  Clarifies language in 2005 Wis. Act 14 regarding sale of pseudoephedrine; provides that pharmacists make available to law officers the log book containing the names of those purchasing pseudoephedrine.  To Judiciary.
AB-1091. Sexually Violent Persons (Stone) Definition of sexually violent person, sexually violent person commitment proceedings, criteria for supervised release, battery by certain committed persons, escape from custody by a person who is subject to a sexually violent person commitment proceeding. To Judiciary.
AB-1094. Treatment Records (Strachota) Registration and treatment records for services for mental illness, developmental disability, alcoholism or drug dependence; exception to confidentiality for treatment records; good faith exception to liability for release of records by a record custodian. To Public Health.
AB-1114. Commitments (Legislative Council) Venue, county of responsibility and determination of county of residence for certain services, commitments, protective placements and protective services. To Health.
AB-1115. Nursing Homes (Vos) Requires a report on relocations and diversions from nursing homes, intermediate care facilities for the mentally retarded and centers for the developmentally disabled. To Aging and Long-Term Care.
AB-1117. Living Wage (Grigsby) Crates a refundable individual income tax living wage credit. To Ways and Means.
AB-1118. Contracts (Kreuser) Changes affecting renewals and extensions of business contracts. To Small Business.

 

New LRB Co-Sponsorship Memos (Bills Not Yet Introduced)

LRB 0053. Long-Term Care Regulation (Krusick) Allows Ombudsman authority over RCACs; imposes $12 fee on all occupied RCACs; changes nursing home staffing requirements; increases caregiver background check information; and, creates Nursing Home Quality Improvement Fund.


LEGISLATIVE COMMITTEE PUBLIC HEARINGS

Assembly Committee on Health
Tuesday, March 14, 2006   10:00 AM   State Capitol, Room 417-N.
Hearing on:
AB-1067. Regulates payments and gifts by drug manufacturers and distributors and consulting agreements between certain health care providers and drug manufacturers and distributors.
AB-1064. Physical Therapists Affiliated Credentialing Board.
SB-394. Electromyography.

Joint Legislative Audit Committee
Tuesday, March 14, 2006    10:00 AM   Cooley Auditorium
Milwaukee Area Technical College, Downtown Campus
700 West State Street, Milwaukee, Wisconsin

  • Follow-up: Audit Report 05-6, (10:00 a.m.)

An Evaluation: Wisconsin Works (W-2) Program, Department of Workforce Development. (Invited speakers only.)

  • Audit Report 06-1 and Report 06-2, (approximately 11:00 a.m.)

Milwaukee County Child Welfare, Department of Health and Family Services (Public testimony will be received.)

Assembly Committee on Campaigns and Elections
Thursday, March 30, 2006   10:00 AM   State Capitol, Room 300-NE.
Executive session on:
SB-612. Administration of elections.

 

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