LRB-5545/1
TJD:ahe
January 2018 Special Session
2017 - 2018 LEGISLATURE
February 16, 2018 - Printed by direction of Senate Chief Clerk.
AB8-engrossed,1,4 1An Act to repeal 49.45 (19) (a) 1.; to consolidate, renumber and amend 49.45
2(19) (a) (intro.) and 2.; to amend 49.45 (19) (title); and to create 49.463 of the
3statutes; relating to: requiring child support compliance in the Medical
4Assistance program.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed January 2018 Special Session Assembly Bill 8 consists
of the following documents adopted in the assembly on February 15, 2018: the bill
as affected by Assembly Amendment 1.
Content of Engrossed January 2018 Special Session Assembly Bill 8:
The bill prohibits certain able-bodied adults and able-bodied parents who
refuse to cooperate in determining the paternity of a child, establishing or enforcing
any support order, or obtaining any other payments or property to which the adult
or the child has rights from being eligible for the Medical Assistance program. The
bill also prohibits certain parents who are delinquent in child support payments and
do not satisfy an exception specified in the bill or who refuse to cooperate in providing
or obtaining support for their child from being eligible for the Medical Assistance
program. Pregnant women are exempt from paternity determinations and child
support requirements of the bill. Under the bill, a dependent child remains eligible
for the Medical Assistance program even if a person charged with the care and
custody of the dependent child is ineligible for the Medical Assistance program

because he or she did not comply with those requirements. Under current law, a
person is required, as a condition of eligibility for Medical Assistance, to fully
cooperate in good faith with efforts directed at establishing the paternity of a
nonmarital child and obtaining support payments or any other payments or property
to which the person and the dependent child may have rights.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB8-engrossed,1 1Section 1 . 49.45 (19) (title) of the statutes is amended to read:
AB8-engrossed,2,32 49.45 (19) (title) Establishing paternity and assigning Assigning medical
3support rights.
AB8-engrossed,2 4Section 2 . 49.45 (19) (a) (intro.) and 2. of the statutes are consolidated,
5renumbered 49.45 (19) (a) and amended to read:
AB8-engrossed,2,126 49.45 (19) (a) As a condition of eligibility for medical assistance, a person shall:
72. Notwithstanding
, notwithstanding other provisions of the statutes, be deemed to
8have assigned to the state, by applying for or receiving medical assistance, any rights
9to medical support or other payment of medical expenses from any other person,
10including rights to unpaid amounts accrued at the time of application for medical
11assistance as well as any rights to support accruing during the time for which
12medical assistance is paid.
AB8-engrossed,3 13Section 3 . 49.45 (19) (a) 1. of the statutes is repealed.
AB8-engrossed,4 14Section 4 . 49.463 of the statutes is created to read:
AB8-engrossed,2,16 1549.463 Ineligibility for noncompliance with child support
16determinations and obligations.
(1) Definitions. In this section:
AB8-engrossed,2,1917 (a) “Able-bodied adult” means an adult who is not elderly, as defined in s.
1849.468 (1) (a) 2., or disabled, as defined in s. 49.471 (1) (cm), who is not pregnant, and
19who is able-bodied, as defined by the department.
AB8-engrossed,3,1
1(b) “Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB8-engrossed,3,22 (c) “Noncustodial parent" has the meaning given in s. 49.141 (1) (h).
AB8-engrossed,3,6 3(2) Eligibility denial; child support noncompliance. (a) In this subsection,
4what constitutes a refusal to cooperate is determined by the department in
5accordance with 42 USC 1396k and any federal regulations promulgated under 42
6USC 1396k
.
AB8-engrossed,3,87 (b) An able-bodied adult is ineligible for the Medical Assistance program under
8this subchapter in a month in which any of the following is true:
AB8-engrossed,3,99 1. The able-bodied adult satisfies all of the following:
AB8-engrossed,3,1110 a. The able-bodied adult is a custodial parent of or lives with and exercises
11parental control over a child who is under the age of 18 and who has an absent parent.
AB8-engrossed,3,1412 b. The able-bodied adult refuses to cooperate fully, in good faith, with efforts
13directed at establishing or enforcing any support order or obtaining any other
14payments or property to which that adult or the child may have rights.
AB8-engrossed,3,1715 c. The able-bodied adult does not have good cause for refusing to cooperate, as
16determined by the department in accordance with 42 USC 1396k and any federal
17regulations promulgated under 42 USC 1396k.
AB8-engrossed,3,1918 2. The able-bodied adult is a noncustodial parent of a child under the age of
1918 and the adult refuses to cooperate in providing or obtaining support for the child.
AB8-engrossed,3,22 20(3) Eligibility denial; paternity. (a) In this subsection, what constitutes a
21refusal to cooperate is determined by the department in accordance with 42 USC
221396k
and any federal regulations promulgated under 42 USC 1396k.
AB8-engrossed,3,2423 (b) An able-bodied adult is ineligible for the Medical Assistance program under
24this subchapter in a month in which any of the following is true:
AB8-engrossed,3,2525 1. The able-bodied adult satisfies all of the following:
AB8-engrossed,4,2
1a. The able-bodied adult is a custodial parent of or lives with and exercises
2parental control over a child who is under the age of 18 and who has an absent parent.
AB8-engrossed,4,43 b. The able-bodied adult refuses to cooperate fully, in good faith, with
4applicable efforts directed at establishing the paternity of the child.
AB8-engrossed,4,75 c. The able-bodied adult does not have good cause for refusing to cooperate, as
6determined by the department in accordance with 42 USC 1396k and any federal
7regulations promulgated under 42 USC 1396k.
AB8-engrossed,4,98 2. The able-bodied adult is one of the following and refuses to cooperate fully,
9in good faith, with efforts directed at establishing the paternity of the child:
AB8-engrossed,4,1010 a. Alleged to be the father under s. 767.80 of a child under the age of 18.
AB8-engrossed,4,1211 b. A noncustodial parent of a child under the age of 18 for whom paternity has
12not been established.
AB8-engrossed,4,17 13(4) Eligibility denial; delinquent support. An able-bodied adult is ineligible
14for the Medical Assistance program under this subchapter in a month in which the
15adult is obligated by order granted inside or outside this state to provide support
16payments and is delinquent in making those payments, unless any of the following
17is true:
AB8-engrossed,4,1918 (a) The delinquency balance equals less than 3 months of the ordered support
19payment amount.
AB8-engrossed,4,2120 (b) A court or a county child support agency under s. 59.53 (5) is allowing the
21able-bodied adult to delay the child support payments.
AB8-engrossed,4,2422 (c) The able-bodied adult is complying with a payment plan approved by a
23county child support agency under s. 59.53 (5) to provide support for the child of the
24adult.
AB8-engrossed,5,2
1(d) The able-bodied adult is participating in an employment and training
2program, as determined by the department.
AB8-engrossed,5,43 (e) The able-bodied adult is participating in a substance abuse treatment
4program, as determined by the department.
AB8-engrossed,5,8 5(5) Exception for eligibility of child. A dependent child remains eligible for
6the Medical Assistance program under this subchapter even if a person charged with
7the care and custody of the dependent child is ineligible for the Medical Assistance
8program because he or she did not comply with this section.
AB8-engrossed,5,11 9(5m) Notification requirement. The department or the county department
10under s. 46.215 or 46.22 shall notify an applicant for Medical Assistance of the
11requirements of this section at the time of application.
AB8-engrossed,5,21 12(6) Federal approval. If the department of health services or the department
13of children and families determines that federal approval is required to implement
14any part of this section, the applicable department shall submit a state plan
15amendment or request for a waiver to the federal department of health and human
16services. The departments shall implement this section to the extent that the federal
17department of health and human services does not disapprove of the plan
18amendment or waiver request and if the department of children and families
19determines that this section as it pertains to child support and paternity order
20establishment and compliance is able to be implemented in a way that is
21substantially state budget neutral in regard to child support fees.
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