This bill changes the requirements that a person must satisfy before taking the
nursing home administrator examination. Under the bill, except as discussed below,
a person must satisfy certain education and supervised practical experience
requirements before he or she can take the examination. Regarding education, the
bill requires, except as discussed below, a person to have either: 1) a bachelor's,
master's, or doctoral degree with a health care administration or long-term care

major; or 2) a bachelor's degree and completion of a specialized course in nursing
home administration. The bill directs the Nursing Home Administrator Examining
Board to promulgate rules establishing the supervised practical experience
requirements. The rules must require a person to complete at least 2,000 hours in
an internship, administrator-in-training program, or other structured program
before he or she can take the examination. The 2,000 hours must be completed in
any consecutive three-year period within the five-year period immediately
preceding the date of application for the examination.
The bill creates an exception to the above requirements that apply to a person
who was enrolled, at any time within the two-year period before the bill's general
effective date, in a course of study that the Nursing Home Administrator Examining
Board had considered adequate preparation at that time. The bill allows such a
person to take the examination if he or she completes the course no later than two
years after the bill's general effective date and if the person satisfies, no later than
the same deadline, practical experience requirements specified in the bill.
Under current law, a person who has a nursing home administrator license in
another state is eligible for a reciprocal nursing home administrator license if he or
she satisfies certain requirements, including submitting satisfactory evidence of the
person's qualifications to the Nursing Home Administrator Examining Board. This
bill specifies the qualifications that a person must have to be eligible for a reciprocal
license. Under the bill, an applicant for such a license must have a bachelor's degree
or be certified as a nursing home administrator by the American College of Health
Care Administrators and must have practiced as a nursing home administrator in
good standing for at least 2,000 hours in any consecutive three-year period within
the five-year period immediately preceding the date of application for the reciprocal
license. Also, the applicant must not have an arrest or conviction record the
circumstances of which substantially relate to nursing home administration. In
addition, the person must pass an examination relating to state and federal laws
governing the practice of nursing home administration.
Finally, current law prohibits a person from practicing as a nursing home
administrator unless he or she is licensed by the Nursing Home Administrative
Examining Board. This bill creates an exception for a person who acts in the capacity
of an administrator of a nursing home operated by adherents of a church or religious
denomination which subscribes to the act of healing by prayer and the principles of
which do not include medical treatment. However, the exemption applies only if the
person does not use any title implying that he or she is a nursing home administrator.
Currently, the DHFS administers a Community Integration Program
(commonly known as "CIP II"), under which MA moneys are paid to counties to
provide home and community-based services, under a waiver of federal Medicaid
laws, to elderly and physically disabled persons who meet the level of care
requirements for MA-reimbursed nursing home care or are relocated from facilities.
DHFS must establish a uniform daily rate for CIP II and reimburse counties up to
that rate for each person enrolled in CIP II. Under 2003 Wisconsin Act 33 (the
biennial budget act), DHFS may provide enhanced reimbursement for CIP II
services for a person who is relocated to the community from a nursing home by a

county after July 16, 2003, if the nursing home bed used by the person is delicensed
upon the person's relocation.
This bill authorizes DHFS to provide CIP II funding for home and
community-based services to an MA-eligible person who relocates from a facility to
the community. Reimbursement is not conditioned on delicensure of a nursing home
bed upon the person's relocation. The funding begins on the date of the relocation
and ends on the date that the person discontinues program participation or no longer
meets the level of care requirements for MA reimbursement in a nursing home.
Funding in the aggregate for these relocated persons may not exceed the total MA
costs for the persons if served in nursing homes. DHFS may provide an enhanced
reimbursement rate for the services. The total number of persons who may
participate in this particular aspect of CIP II is not restricted by limitations on
numbers participating in the remainder of CIP II.
The bill changes a prohibition under current law against price discrimination
that applies to a seller who trades in prescription drugs for resale. Under current
law, the prohibition applies to a seller who sells prescription drugs directly to
consumers. Under the bill, the prohibition applies to a seller who sells to a
"dispenser," which the bill defines as a person who delivers a prescription drug to an
ultimate user for outpatient use, including an insurer that issues certain types of
managed health care plans. Also included under the definition of "dispenser" is a
hospital that directly or indirectly bills a patient for prescription drugs.
The prohibition on price discrimination under current law applies to
prescription drugs on a list of therapeutically equivalent drugs published by the
federal Food and Drug Administration (FDA). This bill provides that the prohibition
applies to drugs included in the most current version of either of the following: 1) the
FDA list; or 2) another publication specified in rules promulgated by the Department
of Agriculture, Trade and Consumer Protection that identifies drug products
approved on the basis of safety and effectiveness by the FDA under the federal Food,
Drug, and Cosmetic Act.
This bill requires DHFS annually by April 1 to make available, on the DHFS
website and, upon request, by mail, the current MA fee schedule for services of health
care providers (as defined in the bill). The bill requires health care providers,
annually by April 15, to provide to DHFS a statement of the providers' rates for
health care services for the following May 1 to April 30. Health care providers must
also inform DHFS, during this period, of any increase in any of their rates over the
amounts provided to DHFS. The rates must be stated in a form, as determined by
DHFS, that may include statement as a percentage of the MA fee schedule. In
addition, health care providers, annually beginning on May 1, must post their rates
on an Internet website, if the health care provider has such a website, and take
reasonable steps to ensure that their health care services consumers are aware that
rate information is available and are informed about how to obtain the information.
Any increase in a health care provider's rates is chargeable only after the health care
provider has notified DHFS and, if the health care provider has a website, has posted
information on the website about the rate increase.

The bill requires insurers, annually by April 15, to provide to DHFS and to the
insurers' insureds a statement of the insurers' rates of reimbursement for health
care provider services for the following May 1 to April 30, stated as a percentage of
the MA fee schedule. Insurers must also inform DHFS, during this period, of any
increase in any of their rates over the amounts provided to DHFS.
DHFS may make available, on the DHFS website and, upon request, by mail,
the health care provider rate and insurer reimbursement rate information, including
increases, provided to DHFS. DHFS is also authorized to contract for the receipt and
posting of this information and the current MA fee schedule for health care provider
services, in accordance with DHFS request-for-proposal procedures.
Under current law, if the Department of Administration (DOA) has approved
a joint application of a health care provider and a nonprofit agency, the health care
provider acting within the scope of his or her licensure or certification may provide,
without charge to low-income, uninsured persons at the agency, diagnostic tests,
health education, office visits, patient advocacy, prescriptions, information about
available health care resources, referrals to health care specialists, and, for dentists,
simple tooth extractions and necessary related suturing. The health care provider,
for the provision of these services, is a state agent of DHFS; as such, for a civil action
arising out of an act committed in the lawful course of the health care provider's
duties, certain time limitations for filing the action apply, legal counsel is provided
to the health care provider, judgments against the health care provider are paid by
the state, and amounts recoverable are capped at $250,000.
This bill expands the Volunteer Health Care Provider Program to authorize
provision of services, without charge, from four-year-old kindergarten to grade six
in a public elementary school, a charter school, or a private school participating in
the Milwaukee Parental Choice Program (MPCP), if DOA approves the joint
application of a health care provider and a school board or the governing body of a
charter school or a private school participating in MPCP. After providing to the
school board or relevant governing body proof of satisfactory completion of any
relevant competency requirements, the volunteer health care provider may provide
without charge to students from four-year-old kindergarten to grade six of the
school, regardless of income, diagnostic tests; health education; information about
available health care resources; office visits; patient advocacy; referrals to health
care specialists; first aid for illness or injury; in compliance with the written
instructions of a pupil's parent or guardian, the administration of any drug, other
than a contraceptive drug, that may lawfully be sold over the counter; health
screenings; any other health care services designated by the Department of Public
Instruction (DPI); and, for dentists, simple tooth extractions and necessary related
suturing. However, the volunteer health care provider may not provide emergency
medical services, hospitalization, or surgery, except as designated by DPI by rule,
and may not provide abortion referrals, contraceptives, or pregnancy tests.
Under current law, a health care plan must allow any provider to participate
in the plan under the terms of the plan. However, this requirement does not apply
to health maintenance organizations, limited service health organizations, or
preferred provider plans, each of which is a health care plan that requires, or

provides incentives for, its enrollees to obtain health care services from providers
participating in the plan. "Participating" is defined as being under contract to
provide health care services, items, or supplies to plan enrollees.
This bill requires any health care plan, including a health maintenance
organization, limited service health organization, or preferred provider plan, to
allow any provider to participate in the plan under the terms of the plan. The
requirement only applies to a health maintenance organization, limited service
health organization, or preferred provider plan, however, if the provider is located
in the geographic service area of the plan. The bill also requires a health care plan
that excludes a provider from participation in the plan to give the provider written
notice of the reason for the exclusion.
Also under current law, a health maintenance organization, limited service
health organization, or preferred provider plan that covers pharmaceutical services
provided by one or more pharmacists who are not full-time salaried employees or
partners of the organization or plan must provide an annual 30-day period during
which any pharmacist may elect to participate in the organization or plan under its
terms as a selected provider for at least one year. This bill expands that requirement.
Under the bill, a health maintenance organization, limited service health
organization, or preferred provider plan that covers health care services that are
provided by one or more health care professionals who are not full-time salaried
employees or partners of the organization or plan is required to provide an annual
30-day period during which any health care professional who provides those health
care services and who is located in the geographic service area of the organization
or plan may elect to participate in the organization or plan under its terms as a
selected provider for at least one year.
Under current law, a group health insurance policy that provides coverage of
any inpatient hospital services must cover those services for the treatment of
nervous and mental disorders and alcoholism and other drug abuse problems in the
minimum amount of the lesser of: 1) the expenses of 30 days of inpatient services;
or 2) $7,000 minus the applicable cost sharing under the policy or, if there is no cost
sharing under the policy, $6,300 in equivalent benefits measured in services
rendered. If a group health insurance policy provides coverage of any outpatient
hospital services, it must cover those services for the treatment of nervous and
mental disorders and alcoholism and other drug abuse problems in the minimum
amount of $2,000 minus the applicable cost sharing under the policy or, if there is no
cost sharing under the policy, $1,800 in equivalent benefits measured in services
rendered. If a group health insurance policy provides coverage of any inpatient or
outpatient hospital services, it must cover the cost of transitional treatment
arrangements (services, specified by rule by the commissioner of insurance, that are
provided in a less restrictive manner than inpatient services but in a more intensive
manner than outpatient services) for the treatment of nervous and mental disorders
and alcoholism and other drug abuse problems in the minimum amount of $3,000
minus the applicable cost sharing under the policy or, if there is no cost sharing under
the policy, $2,700 in equivalent benefits measured in services rendered. If a group
health insurance policy provides coverage for both inpatient and outpatient hospital

services, the total coverage for all types of treatment for nervous and mental
disorders and alcoholism and other drug abuse problems is not required to exceed
$7,000, or the equivalent benefits measured in services rendered, in a policy year.
This bill specifies that the minimum coverage limits required for the treatment
of nervous and mental disorders and alcoholism and other drug abuse problems do
not include costs incurred for prescription drugs and diagnostic testing. Diagnostic
testing is defined in the bill as procedures used to exclude the existence of conditions
other than nervous or mental disorders or alcoholism or other drug abuse problems.
DHFS is authorized to specify, by rule, the diagnostic testing procedures that are not
included under the coverage limits.
The bill provides that, if an insurer pays less than the amount that a provider
charges, the required minimum coverage limits apply to the amount actually paid
by the insurer rather than to the amount charged by the provider.
The bill changes the minimum amount of coverage that must be provided for
the treatment of nervous and mental disorders and alcoholism and other drug abuse
problems on the basis of the change in the consumer price index for medical services
since the coverage amounts in current law were enacted. Inpatient services must be
covered in the minimum amount of the lesser of: 1) the expenses of 30 days of
inpatient services; or 2) $16,800 minus the applicable cost sharing or, if there is no
cost sharing under the policy, $15,100 in equivalent benefits measured in services
rendered. Outpatient services must be covered in the minimum amount of $3,100
minus the applicable cost sharing or, if there is no cost sharing under the policy,
$2,800 in equivalent benefits measured in services rendered. Transitional treatment
arrangements must be covered in the minimum amount of $4,600 minus the
applicable cost sharing or, if there is no cost sharing under the policy, $4,100 in
equivalent benefits measured in services rendered. The total coverage for all types
of treatment for nervous and mental disorders and alcoholism and other drug abuse
problems is not required to exceed $16,800, or the equivalent benefits measured in
services rendered, in a policy year.
The table below provides information on treatment category, current minimum
coverage amount, year of enactment, and the proposed coverage amounts based on

the increase in the federal cost-of-living for medical coverage "indexed" since the
enactment of the current coverage amounts. - See PDF for table PDF - See PDF for table PDF
The bill also requires the DHFS to annually report to the governor and
legislature on the change in coverage limits necessary to conform with the change
in the federal consumer price index for medical costs.
Under current law, the treatment records of an individual who is treated for
mental illness, developmental disabilities, alcoholism, or drug dependence must
remain confidential, are privileged to the individual, and may be released only with
the individual's informed written consent. However, numerous exceptions apply
that permit the release of treatment records without informed written consent. One
of the exceptions permits the release of information contained in a treatment record
as to whether or not an individual is a patient at an inpatient facility; and the
information may be released to the individual's parents, children, or spouse, to a law
enforcement officer who is seeking to determine if the individual is on unauthorized
absence from the facility, and to mental health professionals who are providing
treatment to the individual.
This bill changes that exception to require that notice be provided as to whether
or not an individual is a patient at an inpatient facility and, if no longer a patient,
the facility to which the individual was transferred or other place, if known, at which
the individual is located. This information must be released to the individual's
siblings, as well as the individual's parents, children, or spouse, or to a law
enforcement officer or mental health professional. However, the bill prohibits the
release of the information to the individual's parents, children, siblings, or spouse if
the individual has specifically named the person and requested that the information
be withheld from him or her.

This bill also requires the DHFS fiscal intermediary for MA to maintain a
separate unit for the processing of MA claims for dental services provided under MA.
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:
AB995, s. 1 1Section 1. 20.435 (4) (b) of the statutes is amended to read:
AB995,12,162 20.435 (4) (b) Medical assistance program benefits. Biennially, the amounts in
3the schedule to provide the state share of medical assistance program benefits
4administered under s. 49.45, to provide medical assistance program benefits
5administered under s. 49.45 that are not also provided under par. (o), to fund the pilot
6project under s. 46.27 (9) and (10), to provide the facility payments under 1999
7Wisconsin Act 9
, section 9123 (9m), to fund services provided by resource centers
8under s. 46.283 and for services under the family care benefit under s. 46.284 (5).
9Notwithstanding s. 20.002 (1), the department may transfer from this appropriation
10to the appropriation under sub. (7) (kb) funds in the amount of and for the purposes
11specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1), the
12department may credit or deposit into this appropriation and may transfer between
13fiscal years funds that it transfers from the appropriation under sub. (7) (kb) for the
14purposes specified in s. 46.485 (3r). Notwithstanding s. 20.002 (1), the department
15may transfer from this appropriation to the appropriation account under sub. (7) (bd)
16funds in the amount and for the purposes specified in s. 49.45 (6v) (6L).
AB995, s. 2 17Section 2. 20.435 (7) (bd) of the statutes is amended to read:
AB995,13,1318 20.435 (7) (bd) Community options program; pilot projects; family care benefit.
19The amounts in the schedule for assessments, case planning, services,
20administration and risk reserve escrow accounts under s. 46.27, for pilot projects

1under s. 46.271 (1), to fund services provided by resource centers under s. 46.283 (5),
2for services under the family care benefit under s. 46.284 (5) and for the payment of
3premiums under s. 49.472 (5). If the department transfers funds to this
4appropriation from the appropriation account under sub. (4) (b), the amounts in the
5schedule for the fiscal year for which the transfer is made are increased by the
6amount of the transfer for the purposes specified in s. 49.45 (6v) (6L).
7Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may under this
8paragraph transfer moneys between fiscal years. Except for moneys authorized for
9transfer under this appropriation or under s. 46.27 (7) (fm) or (g), all moneys under
10this appropriation that are allocated under s. 46.27 and are not spent or encumbered
11by counties or by the department by December 31 of each year shall lapse to the
12general fund on the succeeding January 1 unless transferred to the next calendar
13year by the joint committee on finance.
AB995, s. 3 14Section 3. 46.03 (44) of the statutes is created to read:
AB995,13,2315 46.03 (44) Sexually transmitted disease treatment information. Promulgate
16a rule specifying the information that a physician, physician assistant, or advanced
17practice nurse prescriber may provide, in writing, to a patient under s. 448.035 (3)
18and encourage physicians, physician assistants, and advanced practice nurse
19prescribers to provide such information to a patient under s. 448.035 (3). The
20information shall consist of information about sexually transmitted diseases and
21their treatment and about the risk of drug allergies. The information shall also
22include a statement advising a person with questions about the information to
23contact his or her physician or local health department, as defined in s. 250.01 (4).
AB995, s. 4 24Section 4. 46.277 (1) of the statutes is amended to read:
AB995,14,12
146.277 (1) Legislative intent. The intent of the program under this section is
2to provide home or community-based care to serve in a noninstitutional community
3setting a person who meets eligibility requirements under 42 USC 1396n (c) and is
4relocated from an institution other than a state center for the developmentally
5disabled or meets the level of care requirements for medical assistance
6reimbursement in a skilled nursing facility or an intermediate care facility, except
7that the number of persons who receive home or community-based care under this
8section is not intended, other than under sub. (4) (c), to exceed the number of nursing
9home beds that are delicensed as part of a plan submitted by the facility and
10approved by the department. The intent of the program is also that counties use all
11existing services for providing care under this section, including those services
12currently provided by counties.
AB995, s. 5 13Section 5. 46.277 (1m) (a) of the statutes is renumbered 46.277 (1m) (ak).
AB995, s. 6 14Section 6. 46.277 (1m) (ag) of the statutes is created to read:
AB995,14,1615 46.277 (1m) (ag) "Delicensed" means deducted from the number of beds stated
16on a facility's license, as specified under s. 50.03 (4) (e).
AB995, s. 7 17Section 7. 46.277 (2) (intro.) of the statutes is amended to read:
AB995,15,518 46.277 (2) Departmental powers and duties. (intro.) The department may
19request a waiver from the secretary of the federal department of health and human
20services, under 42 USC 1396n (c), authorizing the department to serve medical
21assistance recipients, who meet the level of care requirements for medical assistance
22reimbursement in a skilled nursing facility or an intermediate care facility, in their
23communities by providing home or community-based services as part of medical
24assistance. The Except under sub. (4) (c), the number of persons for whom the waiver
25is requested may not exceed the number of nursing home beds that are delicensed

1as part of a plan submitted by the facility and approved by the department. If the
2department requests a waiver, it shall include all assurances required under 42 USC
31396n
(c) (2) in its request. If the department receives this waiver, it may request
4one or more 3-year extensions of the waiver under 42 USC 1396n (c) and shall
5perform the following duties:
AB995, s. 8 6Section 8. 46.277 (3) (a) of the statutes is amended to read:
AB995,15,167 46.277 (3) (a) Sections 46.27 (3) (b) and 46.275 (3) (a) and (c) to (e) apply to
8county participation in this program, except that services provided in the program
9shall substitute for care provided a person in a skilled nursing facility or
10intermediate care facility who meets the level of care requirements for medical
11assistance reimbursement to that facility rather than for care provided at a state
12center for the developmentally disabled. The Except in sub. (4) (c), the number of
13persons who receive services provided by the program under this paragraph may not
14exceed the number of nursing home beds, other than beds specified in sub. (5g) (b),
15that are delicensed as part of a plan submitted by the facility and approved by the
16department.
AB995, s. 9 17Section 9. 46.277 (3) (b) 1. of the statutes is amended to read:
AB995,15,2118 46.277 (3) (b) 1. If Except under sub. (4) (c), if the provision of services under
19this section results in a decrease in the statewide nursing home bed limit under s.
20150.31 (3), the facility affected by the decrease shall submit a plan for delicensing all
21or part of the facility that is approved by the department.
AB995, s. 10 22Section 10. 46.277 (3) (b) 2. of the statutes is amended to read:
AB995,16,323 46.277 (3) (b) 2. Each county department participating in the program shall
24provide home or community-based care to persons eligible under this section, except
25that the number of persons who receive home or community-based care under this

1section may not exceed, other than under sub. (4) (c), the number of nursing home
2beds, other than beds specified in sub. (5g) (b), that are delicensed as part of a plan
3submitted by the facility and approved by the department.
AB995, s. 11 4Section 11. 46.277 (4) (a) of the statutes is amended to read:
AB995,16,135 46.277 (4) (a) Any medical assistance recipient who meets the level of care
6requirements for medical assistance reimbursement in a skilled nursing facility or
7intermediate care facility is eligible to participate in the program, except that the
8number of participants may not exceed, other than under par. (c), the number of
9nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as
10part of a plan submitted by the facility and approved by the department. Such a
11recipient may apply, or any person may apply on behalf of such a recipient, for
12participation in the program. Section 46.275 (4) (b) applies to participation in the
13program.
AB995, s. 12 14Section 12. 46.277 (4) (b) of the statutes is amended to read:
AB995,16,2215 46.277 (4) (b) To the extent authorized under 42 USC 1396n and except under
16par. (c)
, if a person discontinues participation in the program, a medical assistance
17recipient may participate in the program in place of the participant who discontinues
18if that recipient meets the level of care requirements for medical assistance
19reimbursement in a skilled nursing facility or intermediate care facility, except that
20the number of participants may not exceed the number of nursing home beds, other
21than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted
22by the facility and approved by the department.
AB995, s. 13 23Section 13. 46.277 (4) (c) of the statutes is created to read:
AB995,17,924 46.277 (4) (c) The department may, under this paragraph, provide funding
25under this section for services for a medical assistance recipient who relocates from

1a facility to the community, beginning on the date of the relocation and ending on the
2date that the individual discontinues participation in the program or no longer meets
3the level of care requirements for medical assistance reimbursement in a skilled
4nursing facility or an intermediate care facility. Funding for medical assistance costs
5for individuals relocated under this paragraph may not exceed, in the aggregate,
6total medical assistance costs for the individuals if served in facilities. The total
7number of individuals who may participate in the program under this paragraph is
8not restricted by any otherwise applicable limitation on the number of individuals
9who may participate in the program under this section.
AB995, s. 14 10Section 14. 46.277 (5) (g) of the statutes, as created by 2003 Wisconsin Act 33,
11is amended to read:
AB995,17,1712 46.277 (5) (g) The department may provide enhanced reimbursement for
13services provided under this section to an individual who is relocated to the
14community from a nursing home by a county department on or after July 26, 2003,
15if the nursing home bed that was used by the individual is delicensed upon relocation
16of the individual or if the individual is relocated under sub. (4) (c). The department
17shall develop and utilize a formula to determine the enhanced reimbursement rate.
AB995, s. 15 18Section 15. 46.277 (5g) (a) of the statutes is amended to read:
AB995,17,2219 46.277 (5g) (a) The Except under sub. (4) (c), the number of persons served
20under this section may not exceed the number of nursing home beds that are
21delicensed as part of a plan submitted by the facility and approved by the
22department.
AB995, s. 16 23Section 16. 49.45 (6ur) of the statutes is created to read:
AB995,18,524 49.45 (6ur) Physician order entry record system; incentive payments. From
25the appropriation accounts under s. 20.435 (4) (b) and (o), the department shall

1annually make an incentive payment to each hospital that establishes, by January
21, 2007, and thereafter continues to maintain a physician order entry record system
3for provided medical services that, at a minimum, include pharmacy, laboratory,
4ultrasonography, and radiology services. The incentive payment shall equal 1% of
5the Medical Assistance reimbursement to the hospital for the previous fiscal year.
AB995, s. 17 6Section 17. 49.45 (6v) of the statutes is renumbered 49.45 (6L).
AB995, s. 18 7Section 18. 49.45 (53) of the statutes is created to read:
AB995,18,108 49.45 (53) Fiscal intermediary; dental forms. The department's fiscal
9intermediary shall maintain a separate unit for the processing of claims for dental
10services received under this section.
AB995, s. 19 11Section 19. 49.46 (1) (a) 1. of the statutes is amended to read:
AB995,18,1412 49.46 (1) (a) 1. Notwithstanding s. 49.19 (20), any individual who, without
13regard to the individual's resources and subject to par. (ar), would qualify for a grant
14of aid to families with dependent children under s. 49.19.
AB995, s. 20 15Section 20. 49.46 (1) (a) 1g. of the statutes is amended to read:
AB995,18,1916 49.46 (1) (a) 1g. Notwithstanding s. 49.19 (20), any individual who, without
17regard to the individual's resources and subject to par. (ar), would qualify for a grant
18of aid to families with dependent children but who would not receive the aid solely
19because of the application of s. 49.19 (11) (a) 7.
AB995, s. 21 20Section 21. 49.46 (1) (a) 1m. of the statutes is amended to read:
AB995,18,2421 49.46 (1) (a) 1m. Any pregnant woman whose income, determined in
22accordance with par. (ar),
does not exceed the standard of need under s. 49.19 (11)
23and whose pregnancy is medically verified. Eligibility continues to the last day of
24the month in which the 60th day after the last day of the pregnancy falls.
AB995, s. 22 25Section 22. 49.46 (1) (a) 6. of the statutes is amended to read:
AB995,19,4
149.46 (1) (a) 6. Any person not described in pars. (c) to (e) who, without regard
2to the individual's resources and subject to par. (ar), would be considered, under
3federal law, to be receiving aid to families with dependent children for the purpose
4of determining eligibility for medical assistance.
AB995, s. 23 5Section 23. 49.46 (1) (a) 9. of the statutes is amended to read:
AB995,19,86 49.46 (1) (a) 9. Any pregnant woman not described under subd. 1., 1g., or 1m.
7whose family income, determined in accordance with par. (ar), does not exceed 133%
8of the poverty line for a family the size of the woman's family.
AB995, s. 24 9Section 24. 49.46 (1) (a) 10. of the statutes is amended to read:
AB995,19,1210 49.46 (1) (a) 10. Any child not described under subd. 1. or 1g. who is under 6
11years of age and whose family income, determined in accordance with par. (ar), does
12not exceed 133% of the poverty line for a family the size of the child's family.
AB995, s. 25 13Section 25. 49.46 (1) (a) 11. of the statutes is amended to read:
AB995,19,2214 49.46 (1) (a) 11. If a waiver under s. 49.665 is granted and in effect, any child
15not described under subd. 1. or 1g. who has attained the age of 6 but has not attained
16the age of 19 and whose family income, determined in accordance with par. (ar), does
17not exceed 100% of the poverty line for a family the size of the child's family. If a
18waiver under s. 49.665 is not granted or in effect, any child not described in subd. 1.
19or 1g. who was born after September 30,1983, who has attained the age of 6 but has
20not attained the age of 19 and whose family income, determined in accordance with
21par. (ar),
does not exceed 100% of the poverty line for a family the size of the child's
22family.
AB995, s. 26 23Section 26. 49.46 (1) (a) 12. of the statutes is amended to read:
AB995,20,3
149.46 (1) (a) 12. Any child not described under subd. 1. or 1g. who is under 19
2years of age and whose income, determined in accordance with par. (ar), does not
3exceed the standard of need under s. 49.19 (11).
AB995, s. 27 4Section 27 . 49.46 (1) (ar) of the statutes is created to read:
AB995,20,145 49.46 (1) (ar) 1. Except as provided in subd. 2. and except to the extent that the
6determination is inconsistent with 42 USC 1396a (a) (17), for purposes of
7determining under par. (a) 1., 1g., or 6. whether an individual would qualify for a
8grant of aid to families with dependent children under s. 49.19 or would be
9considered, under federal law, to be receiving aid to families with dependent
10children, or of determining whether an individual meets the income limits under par.
11(a) 1m., 9., 10., 11., or 12., "income" includes income that would be included in
12determining eligibility for aid to families with dependent children under s. 49.19 and
13excludes income that would be excluded in determining eligibility for aid to families
14with dependent children under s. 49.19.
AB995,20,2115 2. Notwithstanding s. 49.19 (5), for purposes of determining under par. (a) 1.,
161g., or 6. whether an individual would qualify for a grant of aid to families with
17dependent children under s. 49.19 or would be considered, under federal law, to be
18receiving aid to families with dependent children, or of determining whether an
19individual meets the income limits under par. (a) 1m., 9., 10., 11., or 12., (am), or (e),
20the department shall exclude from the calculation of farm or self-employment
21income any amounts claimed for depreciation for income tax purposes.
AB995, s. 28 22Section 28. 49.46 (1) (e) of the statutes is amended to read:
AB995,21,423 49.46 (1) (e) If an application under s. 49.47 (3) shows that the individual
24individual's income, determined in accordance with par. (ar), meets the income limits
25under s. 49.19, or that the individual meets the income and resource requirements

1under federal Title XVI or s. 49.77, or that the individual is an essential person, an
2accommodated person, or a patient in a public medical institution, the individual
3shall be granted the benefits enumerated under sub. (2) whether or not the
4individual requests or receives a grant of any of such aids.
AB995, s. 29 5Section 29. 49.46 (1) (L) of the statutes is repealed.
AB995, s. 30 6Section 30. 49.47 (4) (am) 1. of the statutes is amended to read:
AB995,21,127 49.47 (4) (am) 1. A pregnant woman whose family income , determined in
8accordance with par. (cg),
does not exceed 155% of the poverty line for a family the
9size of the woman's family, except that, if a waiver under par. (j) or a change in the
10approved state plan under s. 49.46 (1) (am) 2. is in effect, the income limit is 185%
11of the poverty line for a family the size of the woman's family in each state fiscal year
12after the 1994-95 state fiscal year.
AB995, s. 31 13Section 31. 49.47 (4) (am) 2. of the statutes is amended to read:
AB995,21,1914 49.47 (4) (am) 2. A child who is under 6 years of age and whose family income,
15determined in accordance with par. (cg),
does not exceed 155% of the poverty line for
16a family the size of the child's family, except that, if a waiver under par. (j) or a change
17in the approved state plan under s. 49.46 (1) (am) 2. is in effect, the income limit is
18185% of the poverty line for a family the size of the child's family in each state fiscal
19year after the 1994-95 state fiscal year.
AB995, s. 32 20Section 32. 49.47 (4) (c) 1. of the statutes is amended to read:
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