LRB-5683/1
DAK:kmg:kat
1995 - 1996 LEGISLATURE
March 27, 1996 - Introduced by Representatives Kelso and Underheim. Referred
to Joint committee on Finance.
AB1080,1,4 1An Act to repeal 49.45 (8f); and to amend 49.45 (8m) (intro.), 49.46 (2) (a) 4. d.
2and 49.46 (2) (b) 6. j. of the statutes; relating to: eliminating limitations on
3reimbursement of providers of home health, personal care and private-duty
4nursing services under the medical assistance program.
Analysis by the Legislative Reference Bureau
Under current law, as enacted under 1995 Wisconsin Act 27 (the biennial
budget act), the department of health and social services (DHSS) is authorized to
require that providers of home health, personal care or private-duty nursing
services that are reimbursed under the medical assistance program charge DHSS
the lesser of the amount that the federal medicare program reimburses for the
services, the provider's usual and customary charge for providing the services or a
maximum reimbursement rate, determined by DHSS, for the services.
This bill eliminates the authority for DHSS to require specific limitations on
reimbursement to providers of home health, personal care or private duty nursing
services provided under the medical assistance program.
For further information see the state and local 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:
AB1080, s. 1 5Section 1. 49.45 (8f) of the statutes, as created by 1995 Wisconsin Act 27, is
6repealed.
AB1080, s. 2
1Section 2. 49.45 (8m) (intro.) of the statutes, as affected by 1995 Wisconsin Act
227
, is amended to read:
AB1080,2,73 49.45 (8m)Rates for respiratory care services. (intro.) Notwithstanding the
4limits under subs. (8), and (8e) and (8f), the rates under sub. (8) and rates charged
5by providers under s. 49.46 (2) (a) 4. d. that are not home health agencies, for
6reimbursement for respiratory care services for ventilator-dependent individuals
7under ss. 49.46 (2) (b) 6. m. and 49.47 (6) (a) 1., shall be as follows:
AB1080, s. 3 8Section 3. 49.46 (2) (a) 4. d. of the statutes, as affected by 1995 Wisconsin Act
927
, is amended to read:
AB1080,2,1210 49.46 (2) (a) 4. d. Home health services, subject to the limitations under s. 49.45
11(8), and (8e) and (8f), or, if a home health agency is unavailable, nursing services,
12subject to the limitations under s. 49.45 (8e) and (8f).
AB1080, s. 4 13Section 4. 49.46 (2) (b) 6. j. of the statutes, as affected by 1995 Wisconsin Act
1427
, is amended to read:
AB1080,2,1615 49.46 (2) (b) 6. j. Personal care services, subject to the limitations under s. 49.45
16(8e), (8f) and (42).
AB1080,2,1717 (End)
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