AB855: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB855,1 Section 1. 49.45 (23) (a) of the statutes is amended to read:

AB855,3,2 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage to adults who are under the age of 65, who have family incomes not to exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d), except as provided in s. 49.471 (4g), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq.

AB855,2 Section 2. 49.471 (1) (cr) of the statutes is created to read:

AB855,3,5 49.471 (1) (cr) "Enhanced federal medical assistance percentage" means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

AB855,3 Section 3. 49.471 (4) (a) 4. b. of the statutes is amended to read:

AB855,3,9 49.471 (4) (a) 4. b. The Except as provided in sub. (4g), the individual's family income does not exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d).

AB855,4 Section 4. 49.471 (4g) of the statutes is created to read:

AB855,3,18 49.471 (4g) Medicaid expansion; federal medical assistance percentage. (a) For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23), the department shall comply with all federal requirements to qualify for the highest available enhanced federal medical assistance percentage. The department shall submit any amendment to the state medical assistance plan, request for a waiver of federal Medicaid law, or other approval required by the federal government to provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and qualify for the highest available enhanced federal medical assistance percentage.

AB855,4,4 (b) If the department does not qualify for an enhanced federal medical assistance percentage, or if the enhanced federal medical assistance percentage obtained by the department is lower than printed in federal law as of July 1, 2013, for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall submit to the joint committee on finance a fiscal analysis comparing the cost to maintain coverage for adults who are not pregnant and not elderly at up to 133 percent of the poverty line to the cost of limiting eligibility to those adults with family incomes up to 100 percent of the poverty line. The department may reduce income eligibility for adults who are not pregnant and not elderly from up to 133 percent of the poverty line to up to 100 percent of the poverty line only if this reduction in income eligibility levels is approved by the joint committee on finance.

AB855,5 Section 5. 118.60 (10m) of the statutes is created to read:

AB855,4,15 118.60 (10m) The department of justice or the district attorney may institute, manage, control, and direct, in the proper county, any prosecution for violation of criminal laws affecting a parental choice program under this section, including laws relating to parental choice programs under ch. 946 and laws affecting the health, safety, and welfare of pupils attending private schools under parental choice programs. For this purpose the department of justice shall have and exercise all powers conferred upon district attorneys in such cases. The department of justice or district attorney shall notify the department of public instruction of any such prosecution of a person holding a license granted by the department of public instruction.

AB855,6 Section 6. 119.23 (10m) of the statutes is created to read:

AB855,5,2 119.23 (10m) The department of justice or the district attorney may institute, manage, control, and direct, in the proper county, any prosecution for violation of criminal laws affecting a parental choice program under this section, including laws relating to parental choice programs under ch. 946 and laws affecting the health, safety, and welfare of pupils attending private schools under parental choice programs. For this purpose the department of justice shall have and exercise all powers conferred upon district attorneys in such cases. The department of justice or district attorney shall notify the department of public instruction of any such prosecution of a person holding a license granted by the department of public instruction.

AB855,7 Section 7. 946.94 of the statutes is created to read:

AB855,5,5 946.94 Parental choice program fraud. (1) In this section, "parental choice program" means a parental choice program under s. 118.60 or 119.23.

AB855,5,8 (2) Whoever intentionally makes or causes to be made any false statement or representation of material fact in any application to participate in a parental choice program is guilty of a Class A misdemeanor.

AB855,5,9 (3) No person may do any of the following:

AB855,5,12 (a) Having knowledge of an event affecting the person's eligibility to participate in a parental choice program, conceal or fail to disclose that event with an intent to fraudulently participate in a parental choice program.

AB855,5,14 (b) Receive a payment under a parental choice program and use the funding for purposes that are not authorized under the parental choice program.

AB855,5,15 (c) Whoever violates par. (a) or (b) is subject to the following penalties:

AB855,5,17 1. If the value of the payment that is obtained as the result of the violation is more than $5,000 but does not exceed $10,000, a Class H felony.

AB855,5,19 2. If the value of the payment that is obtained as the result of the violation is more than $10,000, a Class G felony.

AB855,5,24 (4) Whoever makes any statement in a written application to participate in a parental choice program is considered to have made an admission as to the existence, correctness, or validity of any fact stated. Such a statement is prima facie evidence against the person who made it in any complaint, information, or indictment, or in any action brought for enforcement of any provision of this section.

AB855,8 Section 8. Fiscal changes.

AB855,6,9 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2015, the dollar amount for fiscal year 2015-16 is decreased by $102,900,000 to provide Medical Assistance to certain adults with incomes up to 133 percent of the federal poverty line. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2015, the dollar amount for fiscal year 2016-17 is decreased by $220,600,000 to provide Medical Assistance to certain adults with incomes up to 133 percent of the federal poverty line.

AB855,9 Section 9. Initial applicability.

AB855,6,13 (1) Parental choice program fraud. The treatment of section 946.94 of the statutes first applies to acts and omissions that occur on the effective date of this subsection.

AB855,10 Section 10. Effective dates. This act takes effect on the day after publication, except as follows:

AB855,6,18 (1) The treatment of sections 49.45 (23) (a) and 49.471 (1) (cr), (4) (a) 4. b., and (4g) takes effect on January 1, 2016, or on the day after publication, whichever is later.

AB855,6,19 (End)