AB241: Bill Text

The bill prohibits a county, private nonprofit agency, or aging unit from using MA funds under COP or either community integration program to provide services in a C-BRF unless the C-BRF establishes and maintains identical policies and practices for admission, transfer, discharge, and service provision for all individuals regardless of source of payment; refrains from considering an applicant's available source of payment when deciding to admit the applicant or expedite his or her admission; and provides to an applicant, in writing, notice of a decision by the C-BRF to admit, deny, or delay the applicant's admission, within five days of the decision.

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:

AB241, s. 1 Section 1. 46.27 (11) (c) 9. of the statutes is created to read:

AB241,2,5 46.27 (11) (c) 9. No county, private nonprofit agency, or aging unit may use funds received under this subsection to provide services in a community-based residential facility unless the community-based residential facility does all of the following:

AB241,2,8 a. Establishes and maintains identical policies and practices regarding admission, transfer, discharge, and service provision for all individuals regardless of source of payment.

AB241,3,3 b. Refrains from considering an applicant's available source of payment when deciding to admit or expedite the admission of an applicant who is or will be entitled to Medical Assistance for services of a community-based residential facility.

AB241,3,8 c. Provides to an applicant or his or her guardian or agent, in writing, within 5 days of a decision by the community-based residential facility to admit, deny, or delay the admission of the applicant, notice of the decision. If the community-based residential facility has decided to deny or delay admission of the applicant, the notice shall include a statement of the reason for the denial or delay.

AB241, s. 2 Section 2. 46.275 (5) (b) 8. of the statutes is created to read:

AB241,3,11 46.275 (5) (b) 8. Provide services in a community-based residential facility unless the community-based residential facility does all of the following:

AB241,3,14 a. Establishes and maintains identical policies and practices regarding admission, transfer, discharge, and service provision for all individuals regardless of source of payment.

AB241,3,17 b. Refrains from considering an applicant's available source of payment when deciding to admit or expedite the admission of an applicant who is or will be entitled to Medical Assistance for services of a community-based residential facility.

AB241,3,22 c. Provides to an applicant or his or her guardian or agent, in writing, within 5 days of a decision by the community-based residential facility to admit, deny, or delay the admission of the applicant, notice of the decision. If the community-based residential facility has decided to deny or delay admission of the applicant, the notice shall include a statement of the reason for the denial or delay.

AB241, s. 3 Section 3. 46.277 (5) (g) of the statutes is created to read:

AB241,4,3 46.277 (5) (g) No county or private nonprofit agency may use funds received under this subsection to provide services in a community-based residential facility unless the community-based residential facility does all of the following:

AB241,4,6 1. Establishes and maintains identical policies and practices regarding admission, transfer, discharge, and service provision for all individuals regardless of source of payment.

AB241,4,9 2. Refrains from considering an applicant's available source of payment when deciding to admit or expedite the admission of an applicant who is or will be entitled to Medical Assistance for services of a community-based residential facility.

AB241,4,14 3. Provides to an applicant or his or her guardian or agent, in writing, within 5 days of a decision by the community-based residential facility to admit, deny, or delay the admission of the applicant, notice of the decision. If the community-based residential facility has decided to deny or delay admission of the applicant, the notice shall include a statement of the reason for the denial or delay.

AB241, s. 4 Section 4. 49.498 (6) (a) of the statutes is amended to read:

AB241,4,19 49.498 (6) (a) A nursing facility shall establish and maintain identical policies and practices regarding transfer, discharge and the provision of services required under the approved state medicaid plan for all individuals regardless of source of payment.

AB241, s. 5 Section 5. 49.498 (7) (a) of the statutes is renumbered 49.498(7)(am).

AB241, s. 6 Section 6. 49.498 (7) (ag) of the statutes is created to read:

AB241,4,24 49.498 (7) (ag) A nursing facility shall establish and maintain identical policies and practices regarding admission for all individuals regardless of source of payment.

AB241, s. 7 Section 7. 49.498 (7) (am) 6. of the statutes is created to read:

AB241,5,4 49.498 (7) (am) 6. A nursing facility may not consider an applicant's available source of payment when making a decision to admit or expedite the admission of an individual who is or will be entitled to Medical Assistance for nursing facility services.

AB241, s. 8 Section 8. 49.498 (7) (am) 7. of the statutes is created to read:

AB241,5,10 49.498 (7) (am) 7. A nursing facility that decides to admit or deny or delay the admission of an applicant shall provide, in writing, notice of the decision to the applicant or his or her guardian or agent within 5 days of the decision. If the nursing facility has decided to deny or delay admission of the applicant, the notice shall include a statement of the reason for the denial or delay.

AB241, s. 9 Section 9. 49.498 (7) (b) (intro.) of the statutes is amended to read:

AB241,5,13 49.498 (7) (b) (intro.) Paragraph (a) (am) may not be construed to do any of the following:

AB241,5,14 (End)