2019 - 2020 LEGISLATURE
DOA:......Bollhorst, BB0252 - Repeal child support compliance for Medicaid eligibility
For 2019-2021 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
1. Eliminating child support compliance requirement
2017 Wisconsin Act 268
prohibits the following individuals from being eligible for the Medical Assistance program: 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, and certain parents who are delinquent in child support payments without satisfying an exception or who refuse to cooperate in providing or obtaining support for their child. This bill eliminates this prohibition and reinstates the pre-Act 268 requirement that a person seeking Medical Assistance benefits must cooperate, in accordance with federal law, 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 or children may have rights.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
1. 49.45 (19) (title) of the statutes is amended to read:
49.45 (19) (title) Assigning Establishing paternity and assigning medical support rights.
2. 49.45 (19) (am) of the statutes is created to read:
49.45 (19) (am) As a condition of eligibility for medical assistance, a person shall 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 or children may have rights. This cooperation shall be in accordance with federal law and regulations applying to paternity establishment and collection of support payments and may not be required if the person has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
This draft reinstates the requirement to cooperate that was in the statutes before being replaced by the provision in 2017 Wisconsin Act 268
. Please advise if you do not want to reinstate this requirement.
3. 49.463 of the statutes is repealed.