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Legislative Updates

Letter to the Governer
Legislative Update
DHFS Proposed Budget
HFS 83 Rewrite
Pending Legislation
Family Care
Criminal Background Checks

Or See the latest Fax Blasts

May 31, 2002

1) COP OVER 20 PROCESS CONTINUES
2) RCAC HEALTH MONITORING
3) FALL SYMPOSIUM SET FOR SEPTEMBER 23 - 24 IN MADISON.
4) SEPTEMBER AUTUMN GOLF CLASSIC SET FOR SEPT 16
5) SEN. KOHL TO INTRODUCE FEDERAL CRIMINAL BACKGROUND CHECK LEGISLATION
6) ALFA SEEKS COMMENTS ON THE ASSISTED LIVING
WORKGROUP

May 8, 2002

1) ETN ON COP FUNDING IS MAY 15
2) GRIEF SEMINAR
3) CAREGIVER REFRESHER COURSE IN MILWAUKEE

April 19, 2002

1) GRIEF SEMINAR
2) CONFERENCE UPDATE - WALA PAC
3) BQA
4) LEGISLATIVE UPDATE
5) NEW CEO AT ALFA
6) ALZHEIMER'S NEWSLETTERS
7) CAREGIVER REFRESHER COURSE - SERIES #3 IN MILWAUKEE
8) WALA COMMITTEES
9) ASSISTED LIVING WORKGROUP
10) CLARIFICATION OF MEDICARE COVERAGE FOR ALZHEIMER'S PATIENTS

Letter to the Governer

WALA Members: This letter was sent to Governer Thompson on your behalf with our comments on the DHFS budget (you have this- link here) and Chapter 50 changes.

LEGISLATIVE UPDATE

By Forbes McIntosh, WALA Lobbyist.

Storms are Brewing Over the Capitol. Wisconsin's state capitol is anything but boring these days. A $1.1 billion deficit this year, a deficit for next year's biennial budget now surpasses $2 Billion, a conference committee of Republicans and Democrats that is getting nowhere on this year's budget repair bill, a scandal with possible felony indictments that could topple legislative leadership, and all this occurring right before the upcoming November 2002 elections.

$1.1 Billion Deficit - Budget Repair Bill Process - The Senate and Assembly have passed their different versions of how the state should remedy the $1.1 billion deficit. A conference committee was created to allow the Senate and Assembly to negotiate a compromise. However, the conference committee has been unable to agree on one single item in the first two days of negotiations.

Many in the legislature believe the budget must be signed into law by mid-June, when school aid payments must be sent to school districts. Therefore, the conference committee negotiations could in theory continue into late May. One thing is true: the conference committee debate between the Senate and Assembly will be contentious and drawn out.

$2 Billion Deficit in the 2003-04 Biennial Budget - The current $1.1 billion deficit will most likely be eliminated through short term funding reductions and a raid of $594 million from the Tobacco Securitization Fund. The Tobacco Securitization Fund is derived from the State's settlement with the tobacco companies for costs associated with cigarette smoking and health care costs.

Since, for the most part, future spending is not being reduced the deficit will continue into the next budget cycle. In addition, the budget repair bill includes provisions for additional spending, which will increase the deficit in the next biennium. The proposals before the conference committee could create a deficit in the next biennium between $2 billion and $3 billion. Since most short-term solutions, i.e. tobacco securitization fund, will already have been raided the next budget process will have to consider real program budget cuts and/or tax increase.

The Capitol Scandal - Over a year now the Milwaukee and Dane County District Attorneys' offices have been investigating the Assembly and Senate caucuses of conducting illegal campaign activities while on state time. The two DA's have already granted immunity to 19 former caucus staff and leadership staff.
The investigation is expected to reveal that since the creation of the caucuses in the 1960's, they have become a vehicle for state employees to run election campaigns illegally on state time. An investigation by the Wisconsin Elections Board and the Wisconsin Ethics Board forced the caucuses to be dismantled on January 1, 2002.

In view of whom have been given immunity, their former caucus positions and the recent newspaper accounts, the investigation seems to be focusing on Speaker Scott Jensen (R-Waukesha), Senate Majority Leader Chuck Chvala (D-Madison), Assembly Majority Leader Steven Foti (R-Oconomowoc) and former Minority Leader Shirley Krug (D-Milwaukee).

November Elections - The November elections include the Governor, Senate (odd numbered seats), and the Assembly. Republicans and Democrats are targeting the Governor's seat and the Senate, since a two-seat majority holds the Senate.

Already the race for Governor is close. As many newspapers have reported the front-runners are Republican Governor Scott McCallum, Democrat Attorney General James Doyle and Democrat Congressman Tom Barrett. In fact, the race is so close that Governor McCallum has made several high level staff changes (Chief of staff, campaign manager, campaign director and campaign finance director). Republicans hope these changes will turn around the McCallum campaign and improve his chances of winning in November.

What this all means is that this year could be a volatile election cycle due to voters' aversion to fiscal mismanagement (state deficits) and the legislative scandal.

DHFS Proposed Budget

The Department of Health and Family Services has submitted it's budget request for 2001-2003. there are a number of items in the budget that will impact how you operate your business. To view the 23 page summary select here. To view the entire 91 page document, select here.

LEGISLATION TO BE INTRODUCED -

CBRF BED SIZE LIMITS RAISED FOR COP-R AND COP-W FUNDING

WALA introduces new legislation to raise CBRF bed size limits for funding - Assembly Bill 880. IMMEDIATE ACTION REQUIRED- IT ONLY TAKES 3 MINUTES.

During the budget debate last year, a provision that would have increased the bed size limit for CBRFs to receive COP-R funding was modified to only affect Chippewa County. WALA is currently working with several legislators to introduce a bill next week that will expand COP funding for CBRFs. The bill would:

  • Raise the bed size limit for COP-R funding for CBRFs from 8 to 20
  • Raise the bed size limit for COP-W funding to CBRFs from 4 to 20
  • Allow counties to use COP funds for CBRFs with more than 20 beds under certain restrictions
  • Prohibit a county from denying services to an eligible individual in a CBRF solely because the maximum total amount of COP funding eligible for CBRFs has been reached.

We may need your help to secure passage of this important legislation. As soon as the actual legislation is available you can link to it at this site.

Family Care

Letter to the Legislative Audit Bureau

WALA recently co-signed a letter to the Legislative Audit Bureau with WHCA and WASHA. This letter details our concerns with the draft workplan for the evaluation of the Family Care program. The Legislative Audit Bureau hired the Lewin Group to evaluate the resource center and case management pilots. We have concerns about:

  • the analysis of the performance pilot projects,
  • validation of assumptions upon which the Family Care Program was founded and
  • compliance with explicit statutory expectations.

In short, we want to be sure that the evaluation measures apples to apples at ALL LEVELS of care to allow a valid analysis - including assisted living, home care and nursing homes. We contend that the current Lewin Group workplan does not do that, contrary to the authorizing legislation. Call WALA if you wish a copy of the 5 page memo, or download off the WALA website. It is available in either text or Acrobat version. Thanks to John Keefe for leading the charge for WALA in this analysis.

Memo

If you would like a copy of the memo dated January 24 from Sue Schroeder and Chuck Wilhelm which includes the information you will need for Pre-Admission Consolation (PAC) for residents of Family Care Pilot Counties with Aging and Disability Resource Centers, follow the link above.

WALA has a copy of the proposed Administrative Rules. Call or email WALA for so we can mail you a copy of the following, which are not available on the internet:

  1. Health and Community Supports Contract between DHFS and the County, version 5.0, dated November 5, 1999. This is 115 pages.

  2. Aging and Disability Resource Center Pilot Contract between DHFS and the Resource Center, version dated November 22, 1999. This is 62 pages.

  3. Memo from Joyce Allen to John Sauer of WASHA on January 14, 2000. This is 65 pages and contains:
    The WI Family Care Functional Eligibility Screen, Version 2.0
    Comprehensive Assessment Standards for CMOs
    Manager's Team Briefing Paper on Quality in Family Care, 1-13-00
    Family Care CMO Demonstration Final Fee-For-Service Equivalent
    Calculations and Prospective Capitation Rates for CY 2000. (See cover memo of that document for more detail).

HFS 83 Rewrite

Training Chapter Update (7-17-2000) in pdf

Medication Chapter Update (7-18-2000) in pdf

The next section of the HFS-83 rewrite is available for your review. This new section for review deals with Physical Environment & Safety. WALA will need your comments by June 1, 2000 as comments are due back to BQA by June 5.
The file is available in Acrobat Reader format, plain text, or as a MS Word document.

February 4, 2000
Note to WALA members on the HFS-83 Rewrite:

The following is a letter written by WALA Board Member and WALA Legislative Committee Chair Beth Christie to BQA about changes we would like to see in the next version of HFS-8...

Latest version of HFS-83

Caregiver Criminal Background Checks

Once again, the rules relating to caregiver background checks have been revised. A new emergency rule and a new crime table have been published. These changes went into effect last Friday, February 11, 2000. The new rule reflects the changes the legislature made in Wisconsin Act 9 - The State Budget, which resolves many of the problems and questions the original law created. In addition, the new crime table has been significantly reduced in size and allows the employer greater flexibility when making employment decisions.

Some of the changes include:

  • Narrowing the definition of "Caregiver" to persons who are expected to have regular, direct contact with clients.
  • Narrowing the definition of a "serious crime" to include crimes relating to homicide, battery, sexual assault and abuse of vulnerable adults and children.
  • Eliminating the "permanent bar" to employment for conviction of a serious crime and replacing the bar with procedures for rehabilitation.
  • Allowing the employer or the department to determine what crimes are "substantially related" when refusing employment to a caregiver at a facility.
  • Requiring caregiver background checks on employees of the Board on Aging and Long Term Care who are expected to have regular, direct contact with clients.
  • The statutory modifications and the new emergency rules are a great improvement from where we were last year.

Many of the concerns WALA expressed have been incorporated into the final rule, thus ending much of the confusion and broad interpretations of the law. To obtain a copy of the revised statutes, emergency rule and the new crime table, please go to the following web sites:

* Statutes: 50.065 Criminal history and patient abuse record search
http://www.legis.state.wi.us/statutes/99Stat0050.pdf

* Emergency Rule and Crime Table: Caregiver Background Checks
http://www.dhfs.state.wi.us/caregiver/statutes/index.htm


Review the Fax Blasts for other current information.

 


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