20.940 Legislative authorization and oversight of requests to federal government.

(1) Definition. In this section, “department” means the department of health services.

(2) Legislative authorization required. The department may not submit a request to a federal agency for a waiver or a renewal, modification, withdrawal, suspension, or termination of a waiver of federal law or rules or for authorization to implement a pilot program or demonstration project unless legislation has been enacted specifically directing the submission of the request for a waiver, renewal, modification, withdrawal, suspension, termination, or authorization.

(3) Legislative oversight of requests to federal agencies. If submission to a federal agency of a request for a waiver or renewal, modification, withdrawal, suspension, or termination of a waiver of federal law or rules or for authorization to implement a pilot program or demonstration project is required in legislation enacted on or after January 1, 2011, the department that is required to submit the request shall do all of the following that apply:

(a) When the request has not been submitted to the applicable federal agency, do all of the following:

1. Beginning 60 days after the enactment of the legislation requiring the request or March 1, 2019, whichever is later, submit to the joint committee on finance an implementation plan describing the department's plan for submitting the request including an expected timeline for submitting the request in which the submission date is no later than 90 days after submission of the implementation plan under this subdivision. If the department is unable to submit the request by the date specified in the implementation plan, the department may request from the joint committee on finance an extension not to exceed 90 days in a written submission that includes a report on the progress toward submission of the request and the reason an extension is needed. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the request for an extension under this subdivision that the committee has scheduled a meeting for the purpose of reviewing the extension request, the extension is considered granted. If, within 14 working days after the date of the request for an extension under this subdivision, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the extension request, the department may consider the extension granted only upon approval by the committee. No more than 3 90-day extensions may be granted under this subdivision.

2. When the department has finalized its proposed request before submitting the request to the federal agency, submit the proposed request to the joint committee on finance for approval by the committee. The department may submit the proposed request to the appropriate federal agency only upon approval by the committee. The procedures under s. 13.10 do not apply to this subdivision.

(b) When the request has been submitted to the applicable federal agency but has not been denied or approved by that federal agency, do all of the following:

1. Contact no less frequently than biweekly the federal agency considering the request to continue negotiations in furtherance of approval of the request.

2. Beginning 30 days after the date of submission of the request to the federal agency or March 1, 2019, whichever is later, and monthly thereafter, submit to the joint committee on finance a progress report on negotiations with the federal agency toward approval of the request. The department shall request from the federal agency a description in writing of any portions of the request that the federal agency has stated will not be approved and reasons for not approving. The department shall include in its monthly report under this subdivision any written description from the federal agency regarding any portion of the request that the federal agency has stated will not be approved.

3. Beginning 90 days after the date of submission of the request to the federal agency, or March 1, 2019, whichever is later, and quarterly thereafter, make available to the joint committee on finance a representative of the department to brief the committee or provide testimony at a committee hearing at the committee's request. The department shall ensure that at least one representative of the department appearing in person before the committee has sufficient personal knowledge of the negotiations and progress toward approval of the request to respond to inquiries and requests for information by the committee.

4. Before final approval of the request by the federal agency, submit the proposed approval as negotiated with the federal agency to the joint committee on finance for approval or disapproval. The joint committee on finance may approve or disapprove but may not modify the proposed approval as negotiated with the federal agency. The department may agree to final approval of the request only upon approval by the joint committee on finance. If the joint committee on finance disapproves, the department shall withdraw the request or renegotiate the request with the federal agency and resubmit the proposed approval as renegotiated to the joint committee on finance for approval or disapproval. The procedures under s. 13.10 do not apply to this subdivision.

(c) When the request has been approved in whole or in part by the applicable federal agency but has not been fully implemented by the department, do all of the following:

1. Beginning 60 days after the date of approval of any portion of the request by the applicable federal agency, or March 1, 2019, whichever is later, submit to the joint committee on finance an implementation plan for the approved portions of the request including the expected timeline for final implementation of the request in accordance with the federal agency's approval. When the department submits an implementation plan that it considers its final implementation plan, the department may not implement the approved portions of the request until the joint committee on finance approves the final implementation plan. The procedures under s. 13.10 do not apply to this subdivision.

2. Beginning 30 days after the date of submission of the implementation plan and monthly thereafter, submit to the joint committee on finance a progress report on implementation of the approved portions of the request.

3. Beginning 90 days after the date of approval of any portion of the request by the federal agency, or March 1, 2019, whichever is later, and quarterly thereafter, make available to the joint committee on finance a representative of the department to brief the committee or provide testimony at a committee hearing at the committee's request. The department shall ensure that at least one representative of the department appearing in person before the committee has sufficient personal knowledge of the negotiations and progress toward implementation of the approval of the request to respond to inquiries and requests for information by the committee.

(4) Requests for renewal. No later than 9 months before the expiration of an approved waiver of federal law, pilot program, or demonstration project for which no legislation has been enacted specifying that the waiver, program, or project must be suspended or terminated, the department shall submit a written notice to the joint committee on finance of the expiration date and the department's intent regarding renewal. If the department intends to request substantive changes to the waiver, program, or project in its request to the federal agency, the department shall comply with the procedures under sub. (3). If the department intends to renew the waiver, program, or project without substantive changes, notwithstanding sub. (3) and before submitting the renewal request to the federal agency, the department shall submit a proposed renewal request to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal of the proposed renewal request under this subsection that the committee has scheduled a meeting for the purpose of reviewing the proposed renewal request, the department may submit the proposed renewal request. If, within 14 working days after the date of the submittal of the proposed renewal request under this subsection, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed renewal request, the department may submit the proposed renewal request only upon approval by the committee. After reviewing the proposed renewal request and determining any changes requested are substantive, the cochairpersons of the joint committee on finance may require the department to comply with any of the procedures under sub. (3). The procedures under s. 13.10 do not apply to this subsection.

(5) Delegation to standing committee. The cochairpersons of the joint committee on finance may delegate to a standing committee of the legislature of appropriate subject matter jurisdiction any of the responsibilities of the joint committee on finance under sub. (3). The cochairpersons shall specify the terms of a delegation under this subsection and shall determine what constitutes an approval under a delegation under this subsection.

(6) Funding or position reduction for noncompliance. If the joint committee on finance determines that the department has not made sufficient progress in submitting the request, negotiating with the federal agency, or implementing an approved portion of a request or is not acting in accordance with the enacted legislation requiring the submission of the request, the joint committee on finance may reduce from moneys allocated for state operations or administrative functions the department's appropriation or expenditure authority, whichever is applicable, or change the authorized level of full-time equivalent positions for the department related to the program for which the request is required to be submitted. The procedures under s. 13.10 do not apply to this subsection.

History: 2017 a. 370.