LRB-2549/2
TJD:med&cjs:ph
2011 - 2012 LEGISLATURE
October 31, 2011 - Introduced by Representatives Roys, C. Taylor, Berceau,
Zamarripa, Seidel, Bernard Schaber, Bewley, Grigsby, Hintz, Kessler,
Mason, Pasch, Pope-Roberts, Richards, Ringhand, Sinicki, Vruwink, Hebl,
Clark, E. Coggs, Fields, Hulsey, Milroy, Molepske Jr, Pocan and Toles,
cosponsored by Senators Taylor, Erpenbach, C. Larson, Risser and T. Cullen.
Referred to Committee on Insurance.
AB349,1,4
1An Act to repeal 49.45 (24s) (b);
to amend 49.45 (24s) (a);
to repeal and
2recreate 49.45 (24s) (a) and 49.45 (24s) (c); and
to create 49.45 (24s) (c) of the
3statutes;
relating to: family planning services under the Medical Assistance
4waiver program.
Analysis by the Legislative Reference Bureau
Before July 1, 2011, the law required the Department of Health Services (DHS)
to implement a waiver of federal Medicaid law to provide family planning services,
under the Medical Assistance program, to any woman between the ages of 15 and 44
whose family income does not exceed 200 percent of the federal poverty line for a
family the size of the woman's family. Before July 1, 2011, the law also authorized
DHS to request and then implement a waiver to provide family planning services to
men of the same age group and income level. The biennial budget act,
2011
Wisconsin Act 32, eliminated the language regarding those requirements to provide
family planning services on July 1, 2011. As of July 1, 2011, current law requires
DHS to request a waiver of federal Medicaid law to provide optional services for
family planning unless DHS creates a policy that says otherwise. Current law,
however, does not specify the gender, age, or income level of those eligible for family
planning services under Medical Assistance. DHS is also required under current law
to request waivers of federal Medicaid law to require parental notification for family
planning services for any female under 18 years of age and to require DHS to
determine the income eligibility for a female under 18 years of age using the family
income of the female's parent or guardian instead of only the female's income.
This bill restores the income eligibility criteria for females to receive family
planning services under this waiver program to an income level of not exceeding 300
percent of the federal poverty line for a family the size of the female's family. The bill
also restores the family planning services waiver program for males whose family
income does not exceed 300 percent of the federal poverty line for a family the size
of the male's family. DHS is not allowed to create a policy that alters any of the
requirements for either the female or male family planning services waiver program
under the bill. The bill also eliminates the requirement for DHS to request the
additional waivers of federal law relating to parental notification and income
eligibility determinations for females under 18 years of age.
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:
AB349,2,103
49.45
(24s) (a) The department shall request a waiver from the secretary of the
4federal department of health and human services to permit the department to
5provide optional services for family planning, as defined in s. 253.07 (1) (a), under
6medical assistance
, unless otherwise provided by the department by a policy created
7under sub. (2m) (c) 10 to any female whose family income does not exceed 300 percent
8of the poverty line for a family the size of the female's family. The department shall
9implement any waiver granted.
The department may not create a policy under sub.
10(2m) (c) that alters the requirement or eligibility criteria under this paragraph.
AB349, s. 2
11Section
2. 49.45 (24s) (a) of the statutes, as affected by
2011 Wisconsin Act 32,
12section
1441bg, and 2011 Wisconsin Act .... (this act), is repealed and recreated to
13read:
AB349,3,414
49.45
(24s) (a) The department shall request a waiver from the secretary of the
15federal department of health and human services to permit the department to
1provide optional services for family planning, as defined in s. 253.07 (1) (a), under
2medical assistance to any female whose family income does not exceed 300 percent
3of the poverty line for a family the size of the female's family. The department shall
4implement any waiver granted.
AB349, s. 4
7Section
4. 49.45 (24s) (c) of the statutes is created to read:
AB349,3,148
49.45
(24s) (c) The department shall request a waiver from the secretary of the
9federal department of health and human services to permit the department to
10provide optional services for family planning, as defined in s. 253.07 (1) (a), under
11medical assistance to any male whose family income does not exceed 300 percent of
12the poverty line for a family the size of the male's family. The department shall
13implement any waiver granted. The department may not create a policy under sub.
14(2m) (c) that alters the requirement or eligibility criteria under this paragraph.
AB349, s. 5
15Section
5. 49.45 (24s) (c) of the statutes, as created by 2011 Wisconsin Act ....
16(this act), is repealed and recreated to read:
AB349,3,2217
49.45
(24s) (c) The department shall request a waiver from the secretary of the
18federal department of health and human services to permit the department to
19provide optional services for family planning, as defined in s. 253.07 (1) (a), under
20medical assistance to any male whose family income does not exceed 300 percent of
21the poverty line for a family the size of the male's family. The department shall
22implement any waiver granted.
AB349, s. 6
23Section
6.
Effective dates. This act takes effect on the day after publication,
24except as follows:
AB349,4,2
1(1)
The repeal and recreation of section 49.45 (24s) (a) and (c) of the statutes
2takes effect on January 1, 2015.
