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The Wisconsin Government Transparency & Performance Act (WI-GT&P)

Wisconsin state companion to GT&P. Extends State Employment (Wis. Stat. Ch. 230), WI Public Records Law (Sec. 19.31 et seq.), and Wisconsin Medicaid False Claims Act (Wis. Stat. Sec. 49.49 and Sec. 20.9315).

THE WISCONSIN GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (WI-GT&P)

Vehicle: State passage. Wisconsin Legislature, regular session. Primary referral to Assembly / Senate Governmental Operations / Finance.

SECTION 1. SHORT TITLE

This Act may be cited as the “Wisconsin Government Transparency & Performance Act (WI-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that Wisconsin State Employment operates under Wis. Stat. Ch. 230 (Division of Personnel Management); that the Wisconsin Public Records Law operates under Wis. Stat. Sec. 19.31 et seq.; that the Department of Administration administers the Executive Budget under Wis. Stat. Ch. 16; that the Legislative Fiscal Bureau provides fiscal analysis under Wis. Stat. Ch. 13; that Wisconsin does not have a general False Claims Act (the former Wisconsin False Claims Act, Wis. Stat. Sec. 20.931, was repealed by 2015 Wisconsin Act 55) but recovers Medicaid fraud under Wis. Stat. Sec. 49.49 and Sec. 20.9315; and that the Medicaid Fraud Control and Elder Abuse Unit operates under the Office of the Attorney General pursuant to 42 U.S.C. Sec. 1396b(q). This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH WISCONSIN LAW

Sec. 101. Definitions

  1. (a) “WI-DOA” means the Department of Administration.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “MFCA” means Wisconsin’s Medicaid fraud-recovery authority under Wis. Stat. Sec. 49.49 and related provisions.

Sec. 102. Coordination with Existing Wisconsin Law

  1. (a) Consistent with:
  • Wis. Stat. Ch. 230 (State Employment).
  • Wis. Stat. Sec. 19.31 et seq. (Public Records).
  • Wis. Stat. Ch. 16 (Department of Administration).
  • Wis. Stat. Sec. 49.49 (Medicaid fraud).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Executive Budget shall publish at least three outcome metrics.
  2. (b) The Department of Administration shall publish the Wisconsin Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) Legislative Fiscal Bureau analyses shall identify outcome metrics from Sec. 201.

TITLE III — CIVIL-SERVICE MERIT PROTECTIONS

Sec. 301. Codification of Performance-Standards Protections

  1. (a) Wis. Stat. Ch. 230 is amended so that nothing precludes policy-influencing-position classifications with publicly posted performance standards.

TITLE IV — WISCONSIN MEDICAID FRAUD QUI TAM (MFCA Rewire)

Sec. 401. Medicaid Fraud Qui Tam Authority

  1. (a) Given that Wisconsin does not have a general False Claims Act, this Title operates as a Medicaid-specific qui tam authority under Wis. Stat. Sec. 49.49 and in coordination with the Medicaid Fraud Control and Elder Abuse Unit under 42 U.S.C. Sec. 1396b(q).

Sec. 402. Credentialing and Outcome-Data Fraud

  1. (a) A person presenting a materially false or fraudulent claim involving WIRMC, Federal FRAC, WI-OBSA outcome data, or Medicaid-related credential claims is liable to the State for a civil penalty and treble damages.

Sec. 403. Whistleblower Award

  1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the State recovery, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect on the first day of the third month following enactment.

Canonical federal version: GT&P. Other Wisconsin bills: WI-ACSA, WI-MEWRA, WI-AI-Workforce.