LRB-2653/2
KSH&DAK:kmg:aj
1995 - 1996 LEGISLATURE
April 12, 1995 - Introduced by Senators Clausing, Burke, Breske, Jauch and
Moore, cosponsored by Representatives
Black, Krusick, Robson, Plache, R.
Young, Turner, L. Young, Notestein, Baldwin, Grobschmidt, Springer, Bock,
Olsen, Gronemus, Riley, Murat, La Fave, Baldus and Hasenohrl. Referred to
Committee on Health, Human Services and Aging.
SB140,1,4
1An Act to repeal 49.496 (3) (a) 2.; and
to consolidate, renumber and amend
249.496 (3) (a) (intro.) and 1. of the statutes;
relating to: recovery of certain
3medical assistance benefits from the estate of the recipient or his or her
4surviving spouse.
Analysis by the Legislative Reference Bureau
1993 Wisconsin Act 437 makes a number of changes to state law regarding the
recovery of medical assistance benefits from the estates of recipients and their
spouses, effective April 1, 1995. Many of these changes were made in response to
changes in federal law, which now requires that states seek adjustment or recovery
from the estate of a medical assistance recipient for medical assistance nursing
facility services, home and community-based services, and related hospital and
prescription drug services or, at the option of the state, any items or services under
the state's medical assistance plan.
Prior to the enactment of
1993 Wisconsin Act 437, the department of health and
social services (DHSS) was authorized, subject to certain exemptions, to file a claim
against the estate of a medical assistance recipient or against the estate of the
surviving spouse of the recipient to recover the amount of medical assistance paid
on behalf of the recipient while the recipient resided in a nursing home.
1993
Wisconsin Act 437 amended this provision to require DHSS to file this claim, subject
to certain exceptions. It also expanded the range of services covered by the medical
assistance estate recovery provisions to include certain home-based or
community-based services, related hospital services and related prescription drug
services. This bill prevents this expansion from taking effect, by repealing, on April
1, 1995, the language covering certain home-based or community-based services,
related hospital services and related prescription drug services.
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:
SB140, s. 1
1Section
1. 49.496 (3) (a) (intro.) and 1. of the statutes, as affected by
1993
2Wisconsin Act 437, are consolidated, renumbered 49.496 (3) (a) and amended to read:
SB140,2,83
49.496
(3) (a) (intro.) Except as provided in par. (b), the department shall file
4a claim against the estate of a recipient or against the estate of the surviving spouse
5of a recipient for
all of the following unless already recovered by the department
6under this section: 1. The the amount of medical assistance paid on behalf of the
7recipient while the recipient resided in a nursing home or while the recipient was an
8inpatient in a medical institution and was required to contribute to the cost of care.
SB140,2,13
12(1)
Medical assistance estate recovery. This act takes effect retroactively to
13April 1, 1995, regardless of the date that is the day after publication of this act.
