Legeslative Agenda | Legislative Archive

WISCONSIN LONG-TERM CARE UPDATE
December 5, 2005

• Senator Jauch Announces Refinancing Mechanism Proposal for Medicaid Funding
• Update: Assembly Bill 802
• Update: Concealed Carry of Weapons Bill Amended for Healthcare Facilities
• SEIU and Steinhauer Group Send Press Release Explaining WACE Caregiver Association
• Wisconsin LTC Workforce Alliance Not Taking Position on WACE at This Time
• Representative Ann Nischke to Run for Mayor of the City of Waukesha
• Update: LEGISLATIVE COMMITTEE PUBLIC HEARINGS
• Update: NEW LEGISALTIVE BILLS \ RECENTLY INTRODUCED

Senator Jauch Announces Refinancing Mechanism Proposal for Medicaid Funding
Last week Senator Robert Jauch (D-Poplar) released a state debt refinancing methodology that could generate new funding dollars, which he is proposing a portion could be used for Medicaid rate increases for Wisconsin nursing homes.  Basically, Senator Jauch is proposing that a debt refinancing mechanism referred to as a “basis swap” to generate new funding for Wisconsin’s Medicaid program.  It is too early to say whether this proposal will be accepted by the Republican controlled legislature, because of the financial risk associated with debt refinancing.

A basis swap creates debt service savings in the State’s pension obligation bonds by establishing a lower rate of interest.  That lower rate of interest is the result of the state assuming more risk.  That risk is based on an assumption that federal tax laws regarding treatment of tax-exempt bonds will not change during repayment of the pension obligation bonds.  That savings can either be taken over maturity of the bonds or upfront.

Assembly Bill 802 Passes the Joint Finance Committee Without Amendments
AB-802. a legislative bill that provides that any additional IGT\Supplemental Medical Assistance revenues be provided to only county nursing homes passed out of the Joint Finance Committee last week with a vote of 13-1.  The Legislative Fiscal Bureau has calculated that the bill could obtain approximately $2 million.  An amendment was expected that would have required that the funding be provided to all Wisconsin nursing homes through the Medicaid reimbursement formula.  However, the amendment was not offered, likely due to the opposition of the Wisconsin Association of Homes and Services for the Aging (WAHSA), Wisconsin Counties Association (WCA) and AFSCME labor union.

Update: Concealed Carry of Weapons Bill Amended for Healthcare Facilities
Last Wednesday, the Wisconsin Joint Finance Committee amended and passed two companion bills that would make it legal for the carrying of concealed firearms in Wisconsin.  The bills now go to the Senate and Assembly floor for a vote in each house, which is expected to occur in the coming days and next week.  Over the past few weeks, our lobbyist has been working with  the hospital association, members of the Joint Finance Committee and the author of AB-763 on the amendment that passed 14-0, which would prohibit the concealed carrying of firearms in healthcare facilities – unless the facility administrator wished to allow the concealed carrying of weapons in his\her facility.  The amendment would include hospitals, clinics, nursing homes, CBRFs, RCACs, Adult Family Homes, Home Health Agencies (and more).

The bill will likely pass both houses of the legislature.  The Governor will likely veto – and an attempt to override the Governor’s veto will occur.   Last session, the legislature failed to override the Governor’s veto by a very close margin of only one vote – which was especially controversial.  This year, no one is positive how the veto override vote will turnout,

Governor Doyle Vetoes Physician Medical Malpractice Caps Bills
On Friday, Democrat Governor Jim Doyle vetoed Assembly Bill 766, legislation that would have reinstated the medical liability caps for Wisconsin’s physicians and hospitals.  Earlier this year the Wisconsin Supreme Court found Wisconsin’s medical liability caps unconstitutional.  Governor Doyle explained that the veto was necessary since AB-766 was too similar to the original liability caps that the Supreme Court already found unconstitutional.  Governor Doyle also vetoed Assembly Bill 764, which provided jury instructions on collateral source payments in malpractice lawsuits.  However, the Governor did sign into law Assembly Bill 765, legislation that extends coverage of the Injured Patients and Families Compensation Fund to graduate medical students.  Although this recent veto does not impact long-term, it does further delay introduction of a legislative proposal to expand the caps to long-term care health providers.  The legislature is expected to attempt a second introduction and passage of a liability cap protection bill – one that may better meet the Supreme Court’s test of being constitutional.

SEIU and Steinhauer Group Send Press Release Explaining WACE Caregiver Association
Press Release: The Service Employees International Union (SEIU), Local 150 in response to the needs of its members has retained The Steinhauer Group, LLC for the purpose of establishing the Wisconsin Association for Caregiver Excellence (WACE).   SEIU Local 150  aims to nurture the development of a not for profit, tax exempt, independent, autonomous and non-union controlled entity of direct care workers that would serve the educational needs of ALL direct care workers in Wisconsin.  The Steinhauer Group will set up all necessary structures to ensure that WACE is an autonomous organization in control of its own assets and destiny. It is envisioned that employers and community organizations will lead the effort to ensure that WACE is a strong viable organization serving union and non-union workers.  SEIU believes that its members’ educational needs can best be served via a not-for-profit, independent organization open to all direct care workers.  The central mission of the Wisconsin Association for Caregiver Excellence (WACE) will be to enhance the professional development and image of all direct care workers in Wisconsin regardless of union status.

Wisconsin LTC Workforce Alliance Not Taking Position on WACE at This Time
The Wisconsin Long Term Care Workforce Alliance had a committee looking at possible support for the revival of the Wisconsin Caregivers Association.  Di Findley of the Iowa  Caregivers Association spoke at the Workforce Alliance’s annual meeting in November.  Because of those activities some people have asked whether the Alliance is involved in the formation of a “Wisconsin Association for Caregiver Excellence” by the Steinhauer Group.  The answer is “No.”  An announcement about this initiative was made by two of the Workforce Alliance members at the November meeting.  Endorsement was not requested or given.  As time permits further discussion about a caregivers association may be on the agenda of the Workforce Alliance’s January 11 board meeting.

Representative Ann Nischke to Run for Mayor of the City of Waukesha
Rep. Ann Nischke (R-Waukesha) announced that she will be running for the open seat of Mayor of the City of Waukesha, Wisconsin.  The Election will be held this spring.

LEGISLATIVE COMMITTEE PUBLIC HEARINGS

Assembly Committee on Aging and Long-Term Care
Tuesday, December 6, 2005   10:00 AM   State Capitol, Room 225-NW
AB-792. Requires a home care placement agency that places a home care worker in the residence of a home care consumer to provide notice to the consumer concerning the rights, duties, responsibilities and liabilities of the consumer with respect to the worker and notice to the worker concerning the worker’s employment status.

NEW LEGISALTIVE BILLS \ RECENTLY INTRODUCED

AB-847. Cigarette Tax; MA funding (Schneider) Increases cigarette tax; provides additional funds for MA nursing home and hospital outpatient reimbursement rates; increase MA reimbursement for projected caseload increases; transfers money to MA trust fund; increase MA, BadgerCare and SeniorCare pharmacy drug reimbursement rates and pharmacy dispensing fees. To Finance.

SB-416. Health Care Coverage (Robson) Requires legislature to meet certain deadlines regarding health care coverage. To Health, Children, Families, Aging and Long Term Care.
SB-440. Health Care Assessments (Hansen) Provides for assessments on large employers that do not provide subsidized health care coverage. To Agriculture and Insurance.

Assembly Floor Calendar for Tuesday, December 6, 2005
AB-26.   Wildlife violator compact.
AB-219. Lightweight utility vehicles.
AB-248. Operation of motorboats by persons 16 and older and born after January 1, 1989.
AB-258. Prescription drug labels.
AB-263. Prescription drug labels (Companion to SB-132 below)
AB-398. Cash discounts for retail motor vehicle fuel purchases. (Companion to SB-180 below)
AB-409. DNR authority to enforce trespass laws.
AB-428. Deletion of changes to campaign finance and related laws made by 2001 Act 109.
AB-429. Deletion of changes to campaign finance and related laws made by 2001 Act 109 affecting public information concerning the Wisconsin election campaign fund.
AB-432. Service of summons by certain non-residents.
AB-443. Reorganization, revision and other changes to the Juvenile Justice Code.
AB-485. Regulates funeral directors and establishments, regulates cremation and funeral advertising.
AB-581. Commercial fishing; wholesale fish dealers licensing.
AB-597. Remedies in certain actions concerning building code or zoning ordinance violations.
AB-746. Liens for metal fabrication tool builders and metal parts manufacturers.
AB-775. Beer wholesalers.
AB-844. HIRSP changes.
AB-536. Prohibits register of deeds from recording certain instruments that contain more than a partial social security number.
SB-132. Payment of litigation expenses of EMTs, fire fighters, first responders and law enforcement or correctional officers.
SB-171. Restrictions on scheduling of referenda to approve school district borrowing or exceed a school district's revenue limit.
SB-180. Cash discounts for retail motor vehicle fuel purchases.