SB60: Bill Text

LRB-0321/1

TAY:kaf:km

1997 - 1998 LEGISLATURE

1997 Senate BILL 60

February 5, 1997 - Introduced by Senators C. Potter, Rosenzweig, Risser, Grobschmidt, Plache, Breske and Wirch, cosponsored by Representatives Lorge, Otte, Baldwin, Meyer, Ainsworth, Bock, Black, Baumgart, Ryba, Krusick, Huber, Hasenohrl, J. Lehman, Gronemus, Notestein, Boyle, Cullen and Harsdorf. Referred to Committee on Health, Human Services, Aging, Corrections, Veterans and Military Affairs.

SB60,1,3 An Act to renumber and amend 49.45 (7) (a); and to create 49.45 (7) (a) 1. of the statutes; relating to: income that may be retained by a medical assistance beneficiary who is in an institution.

Analysis by the Legislative Reference Bureau

Under current law, a medical assistance beneficiary who is in an institution may ordinarily retain, each month, $40 of his or her unearned income or, if greater, the amount of certain veteran's pensions for personal needs. This bill increases the amount of the medical assistance personal needs allowance, for those who do not have a higher qualifying veteran's pension, to $45 and provides for future annual increases based on the rate of increase in personal income in this state.

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:

SB60, s. 1 Section 1. 49.45 (7) (a) of the statutes is renumbered 49.45 (7) (a) (intro.) and amended to read:

SB60,2,2 49.45 (7) (a) (intro.) A recipient who is a patient in a public medical institution or an accommodated person and has a monthly income exceeding the payment rates established under 42 USC 1382 (e) may retain $40 unearned income or the greater of the following amounts of unearned income each month for personal needs:

SB60,2,4 2. The amount of any pension paid under 38 USC 3203 (f), whichever is greater, per month for personal needs.

SB60,2,8 (am) Except as provided in s. 49.455 (4) (a), the recipient shall apply income in excess of $40 or the amount of any pension paid under 38 USC 3203 (f), whichever is greater the personal needs allowance under par. (a), less any amount deducted under rules promulgated by the department, toward the cost of care in the facility.

SB60, s. 2 Section 2. 49.45 (7) (a) 1. of the statutes is created to read:

SB60,2,14 49.45 (7) (a) 1. Forty-five dollars or, beginning in 1998, such larger amount as is determined annually by the department to provide an increase in the personal needs allowance equal to the same percentage as the percentage increase in per capita income in this state during the preceding year, rounded to the nearest higher whole dollar amount.

SB60,2,15 (End)