AB40: Bill Text

AB40, s. 1465 Section 1465. 49.473 (2) (intro.) of the statutes is amended to read:

AB40,668,24 49.473 (2) (intro.) A woman is eligible for medical assistance as provided under sub. (5) if, after applying to the department or a county department, the department or a county department determines that she meets all of the following requirements:

AB40, s. 1466 Section 1466. 49.473 (3) (intro.) of the statutes is amended to read:

AB40,669,5 49.473 (3) (intro.) Prior to applying to the department or a county department for medical assistance, a woman is eligible for medical assistance as provided under sub. (5) beginning on the date on which a qualified entity determines, on the basis of preliminary information, that the woman meets the requirements specified in sub. (2) and ending on one of the following dates:

AB40, s. 1467 Section 1467. 49.473 (3) (a) of the statutes is amended to read:

AB40,669,10 49.473 (3) (a) If the woman applies to the department or a county department for medical assistance within the time limit required under sub. (4), the day on which the department or county department determines whether the woman meets the requirements under sub. (2).

AB40, s. 1468 Section 1468. 49.473 (3) (b) of the statutes is amended to read:

AB40,669,15 49.473 (3) (b) If the woman does not apply to the department or county department for medical assistance within the time limit required under sub. (4), the last day of the month following the month in which the qualified entity determines that the woman is eligible for medical assistance.

AB40, s. 1469 Section 1469. 49.473 (4) of the statutes is amended to read:

AB40,669,20 49.473 (4) A woman who a qualified entity determines under sub. (3) is eligible for medical assistance shall apply to the department or county department no later than the last day of the month following the month in which the qualified entity determines that the woman is eligible for medical assistance.

AB40, s. 1470 Section 1470. 49.473 (5) of the statutes is amended to read:

AB40,670,2 49.473 (5) The department shall audit and pay, from the appropriation accounts under s. 20.435 (4) (b), (gm), and (o), allowable charges to a provider who is certified under s. 49.45 (2) (a) 11. for medical assistance on behalf of a woman who meets the requirements under sub. (2) for all benefits and services specified under s. 49.46 (2).

AB40, s. 1471 Section 1471. 49.473 (6) (b) of the statutes is amended to read:

AB40,670,7 49.473 (6) (b) Inform the woman at the time of the determination that she is required to apply to the department or a county department for medical assistance no later than the last day of the month following the month in which the qualified entity determines that the woman is eligible for medical assistance.

AB40, s. 1472 Section 1472. 49.496 (4) (a) of the statutes is renumbered 49.496 (4) and amended to read:

AB40,670,24 49.496 (4) The department may require a county department under s. 46.215, 46.22, or 46.23 or the governing body of a federally recognized American Indian tribe administering medical assistance to gather and provide the department with information needed to recover medical assistance under this section. Except as provided in par. (b), the The department shall pay to a county department or tribal governing body an amount equal to 5% of the recovery collected by the department relating to a beneficiary for whom the county department or tribal governing body made the last determination of medical assistance eligibility. A county department or tribal governing body may use funds received under this paragraph subsection only to pay costs incurred under this paragraph subsection and, if any amount remains, to pay for improvements to functions required under s. 49.78 (2). The department may withhold payments under this paragraph subsection for failure to comply with the department's requirements under this paragraph subsection. The department shall treat payments made under this paragraph subsection as costs of administration of the Medical Assistance program.

AB40, s. 1473 Section 1473. 49.496 (4) (b) of the statutes is repealed.

AB40, s. 1474 Section 1474. 49.496 (5) of the statutes is amended to read:

AB40,671,7 49.496 (5) Use of funds. From the appropriation under s. 20.435 (4) (im), the department shall pay the amount of the payments under sub. (4) (a) that is not paid from federal funds, shall pay to the federal government the amount of the funds recovered under this section equal to the amount of federal funds used to pay the benefits recovered under this section, and shall spend the remainder of the funds recovered under this section for medical assistance benefits under this subchapter.

AB40, s. 1475 Section 1475. 49.497 (1) (b) of the statutes is amended to read:

AB40,671,15 49.497 (1) (b) The department's right of recovery is against any Medical Assistance or Badger Care recipient to whom or on whose behalf the incorrect payment was made. The extent of recovery is limited to the amount of the benefits incorrectly granted. The county department under s. 46.215 or 46.22 or the governing body of a federally recognized American Indian tribe administering Medical Assistance or Badger Care shall may begin recovery actions on behalf of the department according to rules promulgated by the department.

AB40, s. 1476 Section 1476. 49.497 (2) (a) of the statutes is renumbered 49.497 (2) and amended to read:

AB40,671,21 49.497 (2) Except as provided in par. (b), a A county or governing body of a federally recognized American Indian tribe may retain 15% of benefits provided under this subchapter or s. 49.665 that are recovered under this section due to the efforts of an employee or officer of the county or tribe.

AB40, s. 1477 Section 1477. 49.497 (2) (b) of the statutes is repealed.

AB40, s. 1478 Section 1478. 49.68 (3) (b) of the statutes is amended to read:

AB40,672,15 49.68 (3) (b) From the appropriation accounts under ss. 20.435 (4) (e) and (je), the state shall pay the cost of, at a rate determined by the department under par. (e), for medical treatment that is required as a direct result of chronic renal disease of certified patients from the date of certification, including the cost of administering recombinant human erythropoietin to appropriate patients, whether the treatment is rendered in an approved facility in the state or in a dialysis or transplantation center which that is approved as such by a contiguous state, subject to the conditions specified under par. (d). Approved facilities may include a hospital in-center dialysis unit or a nonhospital dialysis center which that is closely affiliated with a home dialysis program supervised by an approved facility. Aid shall also be provided for all reasonable expenses incurred by a potential living-related donor, including evaluation, hospitalization, surgical costs, and postoperative follow-up to the extent that these costs are not reimbursable under the federal medicare program or other insurance. In addition, all expenses incurred in the procurement, transportation, and preservation of cadaveric donor kidneys shall be covered to the extent that these costs are not otherwise reimbursable. All donor-related costs are chargeable to the recipient and reimbursable under this subsection.

AB40, s. 1479 Section 1479. 49.68 (3) (e) of the statutes is amended to read:

AB40,673,4 49.68 (3) (e) State aids Payment for services provided under this section shall be equal to at a rate determined by the department that does not exceed the allowable charges under the federal Medicare program. In no case shall state rates for individual service elements exceed the federally defined allowable costs. The rate of charges for services not covered by public and private insurance shall not exceed the reasonable charges as established by medicare Medicare fee determination procedures. A person that provides to a patient a service for which aid is provided under this section shall accept the amount paid under this section for the service as payment in full and may not bill the patient for any amount by which the charge for the service exceeds the amount paid for the service under this section. The state may not pay for the cost of travel, lodging, or meals for persons who must travel to receive inpatient and outpatient dialysis treatment for kidney disease. This paragraph shall not apply to donor related costs as defined in par. (b).

AB40, s. 1480 Section 1480. 49.688 (2) (a) 6. of the statutes is created to read:

AB40,673,9 49.688 (2) (a) 6. The person applies for and, if eligible, enrolls in Medicare under Part D of Title XVIII of the federal Social Security Act, 42 USC 1395w-101 to 1395w-153, if the secretary of the federal department of health and human services approves the condition on eligibility under this subdivision.

AB40, s. 1481 Section 1481. 49.688 (2) (b) of the statutes is amended to read:

AB40,673,17 49.688 (2) (b) A person to whom par. (a) 1. to 3. and, 5., and 6. applies, but whose annual household income, as determined by the department, exceeds 240% of the federal poverty line for a family the size of the persons' eligible family, is eligible to purchase a prescription drug at the amounts specified in sub. (5) (a) 4. only during the remaining amount of any 12-month period in which the person has first paid the annual deductible specified in sub. (3) (b) 2. a. in purchasing prescription drugs at the retail price and has then paid the annual deductible specified in sub. (3) (b) 2. b.

AB40, s. 1482 Section 1482. 49.77 of the statutes is renumbered 49.39, and 49.39 (6), as renumbered, is amended to read:

AB40,673,22 49.39 (6) Authority to administer; rules. The department shall administer this section and s. 49.775 49.395, and may promulgate rules to guide the administration of eligibility determinations and benefits payments.

AB40, s. 1483 Section 1483. 49.775 of the statutes is renumbered 49.395, and 49.395 (2) (a), (b), (bm) and (e) 1., as renumbered, are amended to read:

AB40,674,3 49.395 (2) (a) The custodial parent is a recipient of supplemental security income under 42 USC 1381 to 1383c or of state supplemental payments under s. 49.77 49.39, or both.

AB40,674,6 (b) If the dependent child has 2 custodial parents, each custodial parent receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 49.39, or both.

AB40,674,15 (bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person accruing during the time that any payment under this subsection is made to the custodial parent. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Seventy-five percent of all money that is received by the department of children and families under an assignment to the state under this paragraph shall be paid to the custodial parent. The department of children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

AB40,674,18 (e) 1. The custodial parent is ineligible for aid under s. 49.19 solely because he or she receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 49.39.

AB40, s. 1484 Section 1484. 49.776 of the statutes is renumbered 49.396 and amended to read:

AB40,675,4 49.396 Payment of support arrears. If a custodial parent who formerly received payments under s. 49.775, 2009 stats., or s. 49.395 but who is no longer receiving payments under s. 49.775, 2009 stats., or s. 49.395 assigned to the state under s. 49.775 (2) (bm), 2009 stats., or s. 49.395 (2) (bm) his or her right or the right of the dependent child to support from any other person, the department shall pay to the custodial parent all money in support arrears that is collected by the department after the custodial parent's receipt of payments under s. 49.775, 2009 stats., or s. 49.395 ceased and that accrued while the custodial parent was receiving those payments.

AB40, s. 1485 Section 1485. 49.78 (1) (b) of the statutes is amended to read:

AB40,675,9 49.78 (1) (b) "Income maintenance program" means the Medical Assistance program under subch. IV of ch. 49, the Badger Care health care program under s. 49.665, the food stamp program under 7 USC 2011 to 2036, or the cemetery, funeral, and burial expenses program under s. 49.785.

AB40, s. 1486 Section 1486. 49.78 (1) (bm) of the statutes is created to read:

AB40,675,13 49.78 (1) (bm) "Income maintenance worker" means a person employed by or under a contract with the department or a tribal governing body whose duties include determining eligibility for income maintenance programs.

AB40, s. 1487 Section 1487. 49.78 (1) (f) of the statutes is created to read:

AB40,675,15 49.78 (1) (f) "Unit" means the income maintenance administration unit.

AB40, s. 1488 Section 1488 . 49.78 (1m) (intro.) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,675,21 49.78 (1m) (intro.) The department shall establish an income maintenance administration unit under s. 15.02 (3) (c) 3. to administer income maintenance programs in this state, except as provided in s. 49.825 (2). Administration of income maintenance programs includes the following:

AB40, s. 1489 Section 1489. 49.78 (1m) of the statutes is created to read:

AB40,676,2 49.78 (1m) Establishment of unit. The department shall establish an income maintenance administration unit under s. 15.02 (3) (c) 3. to administer income maintenance programs in this state, except as provided in s. 49.825 (2). Administration of income maintenance programs includes the following:

AB40,676,3 (a) Receiving applications.

AB40,676,4 (b) Determining eligibility.

AB40,676,5 (c) Conducting fraud investigation and fraud prevention activities.

AB40,676,6 (d) Implementing error reduction procedures.

AB40,676,7 (e) Recovering overpayments of benefits.

AB40, s. 1490 Section 1490. 49.78 (1p) of the statutes is created to read:

AB40,676,13 49.78 (1p) Income maintenance administration unit contracts. The department may contract with a public or private entity to provide the income maintenance administrative services described in sub. (1m). A contract to provide income maintenance administrative services under this section is exempt from subch. IV of ch. 16.

AB40, s. 1491 Section 1491. 49.78 (1r) of the statutes is created to read:

AB40,676,19 49.78 (1r) Administration by a tribal governing body. A tribal governing body may administer income maintenance programs by electing to have the unit administer the tribe's income maintenance programs or by providing the required administrative services and entering into a contract with the department for reimbursement under sub. (2).

AB40, s. 1492 Section 1492. 49.78 (2) of the statutes is amended to read:

AB40,677,2 49.78 (2) Contracts with a tribal governing body. Annually, for the income maintenance administrative program functions, if any, that the department delegates to a county or tribal governing body, the department and county department under s. 46.215, 46.22, or 46.23 shall enter into a contract, and the department and tribal governing body may enter into a contract, for reimbursement of the county department or tribal governing body for the reasonable cost of administering income maintenance programs.

AB40, s. 1493 Section 1493. 49.78 (4) of the statutes is renumbered 49.19 (19g) (a) and amended to read:

AB40,677,12 49.19 (19g) (a) Rules; merit system. The department of children and families shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section subsection relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection paragraph shall not be construed to invalidate the provisions of s. 46.22 (1) (d).

AB40, s. 1494 Section 1494. 49.78 (5) of the statutes is renumbered 49.19 (19g) (b) and amended to read:

AB40,677,22 49.19 (19g) (b) Personnel examinations. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the administrator of the division of merit recruitment and selection in the office of state employment relations. The office of state employment relations shall be reimbursed for actual expenditures incurred in the performance of its functions under this section subsection from the appropriations available to the department of children and families for administrative expenditures.

AB40, s. 1495 Section 1495. 49.78 (6) (title) of the statutes is repealed.

AB40, s. 1496 Section 1496. 49.78 (6) of the statutes is renumbered 49.19 (19g) (c).

AB40, s. 1497 Section 1497. 49.78 (7) of the statutes is renumbered 49.19 (19g) (d) and amended to read:

AB40,678,7 49.19 (19g) (d) County personnel systems. Pursuant to rules promulgated under sub. (4) par. (a), the department of children and families where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the authority of the department of children and families under sub. (4) par. (a) to establish and maintain personnel standards including salary levels.

AB40, s. 1498 Section 1498. 49.78 (8) (a) of the statutes is amended to read:

AB40,678,18 49.78 (8) (a) From the appropriation accounts appropriations under s. 20.435 (4) (bn) (bm) and (nn) and subject to par. (b), the department shall reimburse each county and tribal governing body that contracts with the department under sub. (2) for reasonable costs of administering the income maintenance programs, including conducting fraud prevention activities. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (bn) (bm) and (nn) by contract under sub. (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under s. 49.197 or 49.845.

AB40, s. 1499 Section 1499. 49.78 (8) (b) of the statutes is amended to read:

AB40,678,24 49.78 (8) (b) The department may adjust the amounts determined under par. (a) for workload changes and computer network activities performed by a county or tribal governing body and may reduce the amount of any reimbursement if federal reimbursement is withheld due to audits, quality control samples, or program reviews.

AB40, s. 1500 Section 1500. 49.78 (10) (title) of the statutes is amended to read:

AB40,679,1 49.78 (10) (title) County Tribal governing body certification.

AB40, s. 1501 Section 1501. 49.78 (10) (a) of the statutes is amended to read:

AB40,679,13 49.78 (10) (a) Each county treasurer and director of a county department under s. 46.215, 46.22, or 46.23 that contracts with the department under sub. (2) and each Each tribal governing body that contracts with the department under sub. (2) shall certify monthly under oath to the department in such manner as the department prescribes the claim of the county or tribal governing body for state reimbursement under sub. (8) (a). The department shall review each claim of reimbursement and, if the department approves the claim, the department shall certify to the department of administration for reimbursement to the county or tribal governing body for amounts due under sub. (8) (a) and payment claimed to be made to the counties or tribal governing bodies monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

AB40, s. 1502 Section 1502. 49.78 (10) (b) of the statutes is amended to read:

AB40,679,22 49.78 (10) (b) To facilitate prompt reimbursement, the certificate of the department may be based on the certified statements of the county officers or tribal governing body executives filed under par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties tribal governing bodies owed funds as a result of any audit adjustment. By September 30 annually, the department shall submit a report to the appropriate standing committees under s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.

AB40, s. 1503 Section 1503 . 49.785 (1) (intro.) of the statutes is amended to read:

AB40,680,6 49.785 (1) (intro.) Except as provided in sub. (1m) and subject to s. 49.825, if any recipient specified in sub. (1c) dies and the estate of the deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses of the deceased recipient, the department or county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the department or county department under s. 46.215, 46.22, or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:

AB40, s. 1504 Section 1504 . 49.785 (1) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,680,15 49.785 (1) (intro.) Except as provided in sub. (1m), if any recipient specified in sub. (1c) dies and the estate of the deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses of the deceased recipient, the department or county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the department or county department under s. 46.215, 46.22, or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:

AB40, s. 1505 Section 1505. 49.785 (1c) (a) of the statutes is amended to read:

AB40,680,18 49.785 (1c) (a) A recipient of benefits under s. 49.77, 2009 stats., or s. 49.148, 49.39, or 49.46, or 49.77, or under 42 USC 1381 to 1385 in effect on May 8, 1980.

AB40, s. 1506 Section 1506. 49.785 (1m) (a) of the statutes is amended to read:

AB40,680,23 49.785 (1m) (a) If the total cemetery expenses for the recipient exceed $3,500, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for the cemetery expenses under sub. (1) (a).

AB40, s. 1507 Section 1507. 49.785 (1m) (b) of the statutes is amended to read: