By Hoven Consulting – WiAHC’s lobbying firm

In late February and early March, the legislature passed several bills of interest to WiAHC as it looked to likely wrap up the 2021-2022 legislative session.  The following is a list of these bills:

• Assembly Bill 960 – This bill makes it a felony to threaten or physically attack a health care provider, a staff member of a health care facility or a family member of either, if the threat or attack is related to an official act of the provider or is related to an occurrence at the health care facility.  Both the Assembly and Senate passed this bill.  It will now go to the Governor for his consideration.  WiAHC supports this bill.  In addition, WiAHC signed on to a joint memo to the Legislature supporting this bill, along with numerous other statewide health care organizations. 

• Assembly Bill 1030 – This bill eliminates the requirement that home health services and products be provided in a patient’s home to be reimbursable under the Medical Assistance program.  This legislation was introduced at the request of the Department of Health Services.  Both the Assembly and Senate approved this bill, and it now goes to the Governor.  WiAHC supports this bill. 

• Assembly Bill 729/Senate Bill 700 – This legislation, which was introduced by Rep. Donna Rozar (R-Marshfield) and Sen. Joan Ballweg (R-Markesan) at the request of WiAHC, brings Wisconsin’s home health regulations in line with federal regulations by eliminating home health care professional advisory bodies but maintaining governing bodies.  This bill passed the Assembly in late February.  The Senate Labor and Regulatory Reform Committee held a hearing on the bill in January.  However, it is disappointing to note that this legislation was not voted on in the full Senate since Senator Steve Nass (R-Whitewater), who chairs the Senate Labor and Regulatory Reform Committee, refused to vote this bill out of this committee.  Senator Nass does not have a problem with the policy in this legislation but objects to bills that change administrative rules through legislative action, rather than via the administrative rules process.  WiAHC tried several different tactics but, unfortunately, we were not able to remove his objection.  The WiAHC Legislative Committee will regroup and look at alternative options to make the change included in this bill. 

DHS Payment Increase Delays - Update

In February, WiAHC Board Chair Lisa Kirker sent a letter to State Medicaid Director Lisa Olson at the Department of Health Services (DHS) requesting a status update on the processing of two separate payment streams to home health care providers.  One such payment stream was nearly an eight percent increase for select nursing care services in home health agencies, which was included in the 2021-2023 state budget.  The other payment stream was an additional five percent Medicaid reimbursement rate for home and community-based services, which was funded by the federal American Rescue Plan Act (ARPA).  WiAHC has heard from members who have not yet received these increased payments. 

DHS responded that they have run into delays in modifying their system to incorporate these increased payments.  Once DHS completes those modifications, they will process the payments retroactive to January 1, 2022.  The agency did not provide any details as to when these payments will likely be processed. 

Recent Marquette University Poll

On March 2, Marquette Law School released a new poll that surveyed Wisconsin voters on their opinions of various national and statewide elected officials, as well as candidates for statewide office. 

U.S. Senate Election 

With respect to those voters who intend to vote in the Democratic primary for U.S. Senator Ron Johnson’s seat, Lieutenant Governor Mandela Barnes was the leading candidate with 23 percent, and Alex Lasry followed with 13 percent.  The other candidates only received support in the single digits, while 48 percent of Democratic primary voters have not decided whom they will support. 

Gubernatorial Election

In this poll, Republican gubernatorial candidate Rebecca Kleefisch led her primary rivals with 30 percent of Republicans and Republican-leaning voters selecting her, eight percent selecting former U.S. Senate candidate Kevin Nicholson and five percent selecting State Representative Tim Ramthun.  However, 54 percent of these voters responded that they did not know whom they will support in the Republican primary. 

At this time, Governor Tony Evers leads in popularity among elected statewide officials with 50 percent approving and 41 disapproving.  President Biden has a 43 percent approval rating and a 52 percent disapproval rating.  With respect to Wisconsin’s two U.S. Senators, Senator Tammy Baldwin has a 42 percent approval rating and a 36 percent disapproval rating, while Senator Ron Johnson has a 33 percent approval rating and a 45 percent disapproval rating. 

State Supreme Court Ruling on Redistricting

At the beginning of each decade, each state redraws state legislative and congressional district lines based on data from the most recent federal census.  After the Governor vetoed the legislature’s proposed legislative and congressional district maps last year, this dispute ended up in the courts.  On March 3, 2022, the Wisconsin Supreme Court decided that Governor Evers’ updated state legislative and congressional maps will be used as they make fewer changes to district boundaries than the Legislature’s proposed maps. 

On Monday, March 7, the Legislature appealed this ruling directly to the U.S. Supreme Court.  And just this week, the nation’s highest court threw out the state legislative maps drawn Governor Evers and adopted by the Wisconsin Supreme Court. The U.S. Supreme Court said the state court’s approval of Evers’ maps was flawed, as it did not adequately consider whether certain newly crafted Assembly Districts in Milwaukee complied with the federal Voting Rights Act. The maps were sent back to the Wisconsin Supreme Court for further consideration.

Politicians on the Move - Update

• On February 24, State Rep. Mike Kuglitsch (R-New Berlin) announced that he will not run for re-election in 2022.  He was first elected to the Assembly in 2010.  He serves as the Chair of the Assembly Energy and Utilities Committee and also serves on the following Assembly committees:  Environment; Government Accountability and Oversight; and State Affairs. 

• On March 3, State Rep. Gordon Hintz announced that he will not run for re-election this year.  He used to serve as Assembly Minority Leader and was first elected to the Assembly in 2006. 

• State Sen. Roger Roth (R-Appleton) has announced that he is running for lieutenant governor.  He has served in the Senate since 2015 and also served in the Assembly in 2007-2008.  He chairs the Senate Committee on Universities and Technical Colleges and is vice chair of the Committee on Utilities, Technology and Telecommunications. 

• State Rep. Rachael Cabral-Guevara (R-Appleton) announced on March 17 that she is running for Senator Roth’s seat.  She is a nurse and was elected to the Assembly in 2020.  She is the vice chair of the Assembly Mental Health Committee and is a member of the following Assembly committees:  Health, Colleges and Universities, Public Benefit Reform, and Regulatory Licensing Reform. 

• State Sen. Dale Kooyenga (R-Brookfield) announced on March 8 that he will not run for State Senate this year since this year’s redistricting process relocated his home from his current district to a different Senate district that is not up for election until 2024.  [Note:  The redistricting is based on a March Wisconsin Supreme Court ruling.  However, it is worth noting that this ruling is being appealed to the U.S. Supreme Court, which has not yet decided whether to take this case.]  He was first elected to the Senate in 2018 and served in the Assembly from 2011 through 2018.  He is currently the chair of the Senate Committee on Financial Institutions and Revenue. 

• State Sen. Janis Ringhand (D-Evansville) announced on March 9 that she will not run for re-election this year.  She was first elected to the Senate in 2014 and served in the Assembly in 2011 through 2012.  She serves as the Assistant Minority Leader and serves on the following Senate committees:  Economic and Workforce Development; Financial Institutions and Revenue; and Insurance, Licensing and Forestry.

• State Rep. Mark Spreitzer (D-Beloit) subsequently announced that he will run for Sen. Ringhand’s seat.  He has served in the Assembly since 2015.  He currently serves as the Assembly Minority Caucus Chair and is a member of the following Assembly committees:  Agriculture, Campaigns and Elections, Local Government, and Sporting Heritage. 

• State Rep. Timothy Ramthun (R-Campbellsport) has announced that he will run for Governor this year.  He has served in the Assembly since 2019.  He is the Vice Chair of the Children and Families Committee and is a member of the following Assembly committees:  Constitution and Ethics, Education, Judiciary, Transportation, and Ways and Means. 

• State Sen. Jerry Petrowski (R-Marathon) has announced that he will not run for re-election in 2022.  He was first elected to the Senate in 2012 and served in the Assembly from 1999 to 2012.  He serves as the chair of the Senate Committee on Transportation and Local Government, is vice chair of the Committee on Sporting Heritage, Small Business and Rural Issues and is a member of the Committee on Agriculture and Tourism. 

• State Sen. Brad Pfaff (D-Onalaska) has announced that he is running for Congressman Ron Kind’s (D) seat in 2022.  He was first elected to the Senate in 2020 and currently serves on the following Senate committees:  Utilities, Technology and Telecommunications; Universities and Technical Colleges; Transportation and Local Government; Economic and Workforce Development; and Agriculture and Tourism.  [Note:  If he does not win his congressional race, he will still remain a member of the State Senate as his current term does not run out until 2024.] 

• State Sen. Patrick Testin (R-Stevens Point) has announced that he is running for Lieutenant Governor.  He currently serves in Senate leadership as the President Pro Tempore.  He was first elected to the Senate in 2016 and was re-elected in 2020.  He currently is chair of the Senate Health Committee, is vice chair of the Economic and Workforce Development Committee and is also a member of the Senate Agriculture and Tourism Committee.  [Note:  If he does not win his race for lieutenant governor, he will still remain a member of the State Senate as his current Senate term does not run out until 2024.]