Legislative Agenda | Legislative Archive

WISCONSIN LONG-TERM CARE UPDATE
January 9, 2006

• LTC Providers Encouraged to Attend Regional TABOR Forums
• Governor Scheduled to Give “State-of-the-State” on January 17th
• BQA Releases Memo on Safety Policies for Entities that Transport Residents or Patients
• “Columbus Park” Issue Still Unresolved – Legislation Pending
• Update: LEGISLATIVE COMMITTEE PUBLIC HEARINGS
• Update: NEW LEGISALTIVE BILLS \ RECENTLY INTRODUCED

Reminder: LTC Providers Encouraged to Attend Regional TABOR Forums
The debate on whether or not Wisconsin should amend its State Constitution with the “Taxpayers’ Bill of Rights” (TABOR) is expected to be introduced in the coming days or weeks.  TABOR is a proposal that would place fiscal policy or state and local government spending restraints into the State’s Constitution – which would directly impact spending in Medicaid and Medicaid Waiver programs at the state level.  Although the resolution (bill) is still in the drafting stages and details are uncertain, time for passage in the legislature is quickly running out.  The overriding fear of many groups is that TABOR could be introduced, committee hearings held and the bill passed out of each house within days – to avoid a contentious public debate.  Since this controversial issue will be an amendment to the Constitution, the Governor has no powers to act on the proposal.

Last year a coalition of healthcare providers, patient advocates, county human service agencies, and labor unions came together as the “Save Medicaid Coalition” to oppose TABOR and its likely negative impact on the healthcare profession and quality care.  To learn more about TABOR, its possible impact on healthcare, and help bring public attention to this issue please attend one of the following informational forums:

Wisconsin Council and Children and Families: “The Trouble with TABOR” forums:

Metro Milwaukee: Wednesday, January 11 – 6:30-7:30pm
Tommy G Thompson Youth Center, 640 S 84th Street, West Allis

Cleveland (Sheboygan/Manitowoc): Wednesday, January 25, 6:30-7:30pm
Wisconsin at Lakeshore Technical College, 2nd floor Lakeshore Building, 1290 North Ave

Eau Claire: Wednesday, February 8 – 6:30-7:30pm
Chippewa Valley Technical College, Big River Conference Center, Room 30A, lower level of the Business Education Center Building

Green Bay: Wednesday, February 15 – 6:30-7:30pm
Brown County Public Library, basement Meeting Rooms 1& 2

Wisconsin Governor Scheduled to Give “State-of-the-State” on January 17th
Wisconsin Governor Doyle will deliver his State of the State address to a joint session of the Legislature at 7 p.m., Tuesday, January 17.   This State of the State address will be important for the Governor, since it will reflect his campaign platform for his reelection bid this November and provide insight to his policy agenda for 2006 and 2007.  Long-term care reform is likely to be one of the issues Governor Doyle will address in his speech.  To listen to the address, tune into your local Wisconsin Public Radio station or check with your local television listings.

DHFS-BQA Releases Memo on Safety Policies for Entities that Transport Residents or Patients
On Tuesday, January 3, 2006 the Department of Health and Family Services (DHFS) – Bureau of Quality Assurance released a memo on “Written Policies and Safety Precautions for Entities that Transport Clients, Residents or Patients Outside the Facility”.  To view the new requirements, click on: http://dhfs.wisconsin.gov/rl_DSL/Publications/06-001.htm.  A draft of this memo and corresponding information was sent to you in November 2005 – this is the final version and official public notice that appeared last week.

From DHFS Website: The purpose of this memo is to increase awareness of several serious situations that have arisen when clients, residents or patients have been transported outside the facility. This includes being left in vehicles unattended during periods of heat and cold, and not being properly secured during transportation. Since these situations can be life threatening, it is important for entities that transport clients, residents or patients outside the facility to address associated risk factors.

Organizations are expected to have written policies that address the transportation of clients or residents outside the facility. If an entity contracts for transportation services with an outside agency, the entity should ensure that the transportation company they are using has similar safeguards as part of their policies.

Typical written policies for entities that provide their own  transportation services include, but are not limited to:

• A plan for in-service training of staff and volunteers who transport, or accompany clients, residents or patients during transit.
• A plan for providing supervision to clients, residents, or patients during periods of transportation outside the facility.
• A procedure to initially assess clients, residents, or patients for risks during periods of transportation outside the facility and to reassess as necessary when changes occur.
• A plan to address the safe and secure transport of clients, residents or patients. Issues to consider in this plan include the use of seat belts, security of wheel chairs, safety precautions when transporting oxygen or other potentially hazardous materials, and a schedule for the provision of vehicle maintenance.

“Columbus Park” Issue Still Unresolved – Legislation Pending
An article on AB-573 appeared in today’s Milwaukee Journal Sentinel on the issue.  The article stated that a coalition of local government organizations, realtors and developers are pushing a legislative proposal (Assembly Bill 573) that would end the tax-exemption for certain non-profit housing entities.  The bill was created by a special legislative council study committee that would revise and eliminates exemption from property tax for certain property and use of income from certain tax-exempt leased property, which came about due to the infamous “Columbus Park decision”.  The bill basically requires non-profit independent living facilities, apartments and condominiums to pay property taxes.  The bill would continue to exempt the following properties from property taxes: Nursing homes licensed under s. 50.03; Community based residential facilities licensed under s. 50.03; Adult family homes certified under s. 50.032 or licensed under s. 50.033; Residential care apartment complexes registered or certified under s. 50.034; Domestic abuse shelters; Shelters for the homeless, including transitional housing facilities; and, Housing for low-income persons that is operated in compliance with sections 3.01 and 3.02 (1), (2) and (3) of Internal Revenue Service (IRS) revenue procedure 96−32 or that is described in section 4.02 (4) or 4.02 (9) of that revenue procedure.

However, since the Attic Angel Prairie Point, Inc. v. City of Madison decision of November 9, 2005, which found in favor of the City of Madison, it is now in the best interests of many non-profit housing providers to also seek passage of AB-573, with some amendments.  Some groups are already seeking an amendment that will exempt independent living facilities, apartments and condominiums from paying property taxes that are part of a “continuum of care” or “campus-style” multi-care facility arrangement (much like Attic Angel in Madison, Wisconsin).  The issue will be controversial, but there is a good chance that AB-573, or a bill like it may pass with some modifications.

LEGISLATIVE COMMITTEE PUBLIC HEARINGS

Assembly Committee on Health
Tuesday, January 10, 2006   10:00 AM   State Capitol, Room 415-NW
Hearing on:
CR-04-095. Requirements for administering the office facilities and equipment for safe and effective administration and the applicable standards of care, and to provide for reporting of adverse occurrences related to anesthesia administration.
AB-777. Changes affecting the barbering and cosmetology examining board.
Executive action on:
LRB-3240/2. Requiring a contract with a data organization for the collection, analysis and dissemination, of health care claims information; eliminating the Board on Health Care Information, the Interagency Coordinating Council, and the Independent Review Board (Health Care Transparency).
AB-683. Authorizes medically related actions by advanced practice nurse prescribers and physician assistants.
SB-226. (Roessler) Informed consent for minors for inpatient and outpatient treatment for mental illness and developmental disability, informed consent for the administration to minors of psychotropic medication, and access to records. To. Assembly Health Committee.
Possible executive action on:
CR-04-095. Requirements for administering the office facilities and equipment for safe and effective administration and the applicable standards of care, and to provide for reporting of adverse occurrences related to anesthesia administration.
AB-907 (Freese) Informed consent for minors for inpatient and outpatient treatment for mental illness and developmental disability, informed consent for the administration to minors of psychotropic medication, and access to records. To. Assembly Health Committee.

Assembly Committee on State Affairs
Wednesday, January 11, 2006   10:00 AM   State Capitol, Room 328-NW
LRB-3364/3. Allows individuals to restrict release of credit reports.

Senate Health, Children, Families, Aging and Long Term Care
Thursday, January 12, 2006   10:00 AM   State Capitol, Room 412-East
SB-441. Anatomical gifts and the power and duties of coroners and medical examiners.
AB-201. Compatibility of the offices of coroner or medical examiner and certain emergency services positions.
SB-477. Licensing midwives.
AB-826. Prohibits a person responsible for a child’s welfare while being transported in a child-care vehicle from leaving the child unattended.
SB-423. Prohibits a person responsible for a child’s welfare while being transported in a child-care vehicle from leaving the child unattended.
AB-485. Regulation of funeral directors and establishments, cremation and advertising.
AB-258. Prescription drug labels.
AB-802. Supplemental MA payments to county and municipal nursing homes.
AB-829. Expands Volunteer Health Care Provider Program to include provision of services to students from 4-year-old kindergarten to grate 6 in public elementary, charter, and private schools participating in the Choice Program; expands definition of volunteer health care provider.
AB-122. MA reimbursement for transportation by specialized medical vehicle.
AB-521. Termination of parental rights.

Assembly Committee on Workforce Development
Thursday, January 12, 2006    10:00 AM   State Capitol, Room 415-NW.
Executive Committee Notice:
AB-228. Increases funding for local youth apprenticeship grants for programs that are targeted at providing training in the areas of health care and health care technology.
AB-774. Eligibility of a student enrolled in a 2-year, full-time vocational diploma program at a technical college for an academic excellence higher education scholarship.

Assembly Committee on Judiciary
Thursday, January 12, 2006   10:00 AM   State Capitol, Room 225-NW.
AJR-52. Prohibits partial vetoes from creating new sentences. (First Consideration)
SJR-33. Prohibits partial vetoes from creating new sentences. (First Consideration)
AJR-68. Prohibits partial vetoes of parts of bill sections. (First Consideration)
AB-650. Nonprobate transfer of real property at death.
AB-871. Postdated checks and checks given for past consideration.
AB-884. The admissibility of evidence of the discovery of an endangered or threatened species during the course of certain proceedings.
AB-890. Admitting prior testimony of a felony victim at a probation, parole, or extended supervision revocation hearing.
An exec session will be held on:
AB-725. judgments in cases involving citations for certain violations, including underage drinking and smoking
AB-843. Changes proof the plaintiff must provide to recover punitive damages (Wischer v. Mitsubishi
AB-855. Requires damages be paid in frivolous claims. (Affects Supreme Court Order 03-06, which repealed a previous provision, in July 2005).

Senate Health, Children, Families, Aging and Long Term Care
Wednesday, January 18, 2006   11:00 AM   State Capitol, Room 412-East
Executive Committee Action (Committee Vote on Bills)
SB-441. Anatomical gifts and the power and duties of coroners and medical examiners.
AB-201. Compatibility of the offices of coroner or medical examiner and certain emergency services positions.
SB-477. Licensing midwives.
AB-826. Prohibits a person responsible for a child’s welfare while being transported in a child care vehicle from leaving the child unattended.
SB-423. Prohibits a person responsible for a child’s welfare while being transported in a child care vehicle from leaving the child unattended.
AB-485. Regulation of funeral directors and establishments, cremation and advertising.
AB-258. Prescription drug labels.
AB-802. Supplemental MA payments to county and municipal nursing homes.
AB-829. Expands Volunteer Health Care Provider Program to include provision of services to students from 4-year-old kindergarten to grate 6 in public elementary, charter, and private schools participating in the Choice Program; expands definition of volunteer health care provider.
AB-122. MA reimbursement for transportation by specialized medical vehicle.
AB-521. Termination of parental rights.
An exec session will be held on the above items and:
SB-420. The definition of a group health benefit plan.
AB-511. Sexual abuse of children placed in substitute care.

NEW LEGISALTIVE BILLS \ RECENTLY INTRODUCED

AB-881. Public Health Planning (Hines) Public health planning, services and functions; reporting of communicable diseases; public health agreements; required vaccinations, isolation or quarantine; contracts between municipalities and federally recognized American Indian tribes or bands. To Public Health.
AB-885. Construction (Albers) Requires DATCP to promulgate rules prescribing fair methods of competition in the construction of new residential or noncommercial property. To Housing.
AB-894. Nonprescription Drugs (Black) Sales/use tax exemption for non-prescription drugs. To Tax Exemptions.
AB-903. Volunteer Drivers (Owens) Individual income tax deduction for certain amounts of mileage reimbursement received by volunteer drivers. To Ways and Means. To Tax Exemptions.
AB-907. Health Care Information (Underheim) Requires a contract with a data organization for the collection, analysis, and dissemination of health care claims information; eliminates Board on Health Care Information, the Interagency Coordinating Council, Independent Review Board. To Health.

SB-484. CPAs (Zien) Allows accountants from other states to practice in Wisconsin under certain circumstances. To Housing and Financial Institutions.
SB-489. Law Revision. Access to medical records possessed by the Dept. of Employee Trust Funds. To Retirement Systems.
SB-496. Law Revision. Administratively dissolved limited liability companies. To Housing and Financial Institutions.

LRB 3385 (Wirch) requiring the installation of carbon monoxide detectors in any public building used for sleeping or lodging purposes.