AB150-engrossed,1001,64
b. In any year, $60,000 increased by the same percentage as the percentage
5increase in the consumer price index between September 1988 and September of the
6year before the year involved.
AB150-engrossed,1001,98
49.46
(1) (a) 4. Any person receiving benefits under s.
49.177 49.77 or federal
9Title XVI.
AB150-engrossed,1001,1311
49.46
(1) (a) 15. Any individual who is infected with tuberculosis and meets the
12income and resource eligibility requirements for the federal supplemental security
13program under
42 USC 1381 to
1383d.
AB150-engrossed,1001,1615
49.46
(1) (d) 4. A child who meets the conditions under
42 USC 1396a (e)
3. (3) 16shall be considered a recipient of benefits under s.
49.177 49.77 or federal Title XVI.
AB150-engrossed,1001,2318
49.46
(1) (e) If an application under s. 49.47 (3) shows that the person has
19income and resources within the limitations of s. 49.19, federal Title XVI or s.
49.177 2049.77, or that the person is an essential person, an accommodated person or a patient
21in a public medical institution, the person shall be granted the benefits enumerated
22under sub. (2) whether or not the person requests or receives a grant of any of such
23aids.
AB150-engrossed,1002,4
149.46
(2) (a) 2. Early and periodic screening and diagnosis, including case
2management services, of persons under 21 years of age and all medical treatment
3and dentists' services
specified in par. (b) 1. found necessary by this screening and
4diagnosis.
AB150-engrossed,1002,86
49.46
(2) (a) 4. d. Home health services
, subject to the limitations under s. 49.45
7(8), (8e) and (8f), or
nursing services, if a home health agency is unavailable
, nursing
8services, subject to the limitations under s. 49.45 (8e) and (8f).
AB150-engrossed, s. 3013
9Section
3013. 49.46 (2) (a) 4. g. of the statutes is renumbered 49.46 (2) (a) 4m.
10and amended to read:
AB150-engrossed,1002,1111
49.46
(2) (a) 4m.
Nurse midwifery
Nurse-midwifery services.
AB150-engrossed,1002,1615
49.46
(2) (b) 6. j. Personal care services
, subject to the limitations under s. 49.45
16(8e), (8f) and (42).
AB150-engrossed,1002,2018
49.46
(2) (b) 6. k. Alcohol and other drug abuse day treatment services.
This
19subd. 6. k. does not apply after June 30, 1995, or the day after publication of the
201995-97 biennial budget act, whichever is later.
AB150-engrossed,1002,2222
49.46
(2) (b) 14. School medical services under s. 49.45 (39).
AB150-engrossed,1002,2424
49.46
(2) (b) 15. Mental health crisis intervention services under s. 49.45 (41).
AB150-engrossed,1003,3
149.46
(2) (b) 16. Case management services for recipients with high-cost
2chronic health conditions or high-cost catastrophic health conditions, if the
3department operates a program under s. 49.45 (43).
AB150-engrossed,1003,75
49.46
(2) (bm) Benefits for an individual who is eligible for medical assistance
6only under sub. (1) (a) 15. are limited to those services related to tuberculosis that
7are described in
42 USC 1396a (z) (2).
AB150-engrossed,1003,149
49.46
(2) (d) Benefits authorized under this subsection may not include
10payment for that part of any service payable through 3rd party liability or any
11federal, state, county, municipal or private benefit system to which the beneficiary
12is entitled. "Benefit system" does not include any public assistance program such as,
13but not limited to, Hill-Burton benefits under
42 USC 291c (e), in effect on April 30,
141980, or
general relief
funded by a relief block grant.
AB150-engrossed,1003,2216
49.47
(4) (av) 1. In this paragraph, "migrant worker" means any person who
17temporarily leaves a principal place of residence outside of this state and comes to
18this state for not more than 10 months in a year to accept seasonal employment in
19the planting, cultivating, raising, harvesting, handling, drying, packing, packaging,
20processing, freezing, grading or storing of any agricultural or horticultural
21commodity in its unmanufactured state. "Migrant worker" does not include any of
22the following:
AB150-engrossed,1004,223
a. A person who is employed only by a state resident if the resident or the
24resident's spouse is related to the person as the child, parent, grandchild,
1grandparent, brother, sister, aunt, uncle, niece, nephew, or the spouse of any such
2relative.
AB150-engrossed,1004,53
b. A student who is enrolled or, during the past 6 months has been enrolled, in
4any school, college or university unless the student is a member of a family or
5household which contains a migrant worker.
AB150-engrossed,1004,76
c. Any other person qualifying for an exemption under rules promulgated by
7the department.
AB150-engrossed,1004,138
2. The department shall request a waiver from the secretary of the federal
9department of health and human services to allow the application of subd. 3. The
10waiver shall also seek a waiver from those federal quality control standards under
11the medical assistance program that the department determines to be necessary in
12order to make the application of subd. 3. feasible. Subdivision 3. applies only while
13the waiver under this subdivision is in effect.
AB150-engrossed,1004,1514
3. In determining the eligibility for a migrant worker and his or her dependents
15for medical assistance under this section, the department shall do all of the following:
AB150-engrossed,1004,2316
a. Grant the migrant worker and his or her dependents eligibility for medical
17assistance in this state, if the migrant worker and his or her dependents have a valid
18medical assistance identification card issued in another state and the migrant
19worker completes a Wisconsin medical assistance application provided by the
20department. Eligibility under this subd. 3. a. continues for the period specified on
21the identification card issued in the other state. The department shall notify the
22other state that the migrant worker and his or her dependents are eligible for
23medical assistance in Wisconsin.
AB150-engrossed,1005,224
b. Determine medical assistance eligibility using an income-averaging method
25described in the waiver under subd. 2., if the migrant worker and his or her
1dependents do not meet the income limitations under par. (c) using prospective
2budgeting.
AB150-engrossed,1005,154
49.47
(4) (c) 1. Except as provided in par. (am) and as limited by subd. 3.,
5eligibility exists if income does not exceed 133 1/3% of the maximum aid to families
6with dependent children payment under s. 49.19 (11) for the applicant's family size
7or the combined benefit amount available under supplemental security income
8under
42 USC 1381 to
1383c and state supplemental aid under s.
49.177 49.77 9whichever is higher. In this subdivision "income" includes earned or unearned
10income that would be included in determining eligibility for the individual or family
11under s.
49.177 or 49.19
or 49.77, or for the aged, blind or disabled under
42 USC 1381 12to
1385. "Income" does not include earned or unearned income which would be
13excluded in determining eligibility for the individual or family under s.
49.177 or 1449.19
or 49.77, or for the aged, blind or disabled individual under
42 USC 1381 to
151385.
AB150-engrossed, s. 3040
21Section
3040. 49.48 (3) (a) of the statutes is renumbered 49.68 (3) (a) and
22amended to read:
AB150-engrossed,1006,223
49.68
(3) (a) Any permanent resident of this state who suffers from chronic
24renal disease may be accepted into the dialysis treatment phase of the renal disease
1control program if the resident meets standards set by rule under sub. (2) and s.
249.487 49.687.
AB150-engrossed,1006,8
849.482 Recovery from estates. (1) In this section:
AB150-engrossed,1006,109
(a) "Client" means a person who receives or received aid under s. 49.48, 49.483
10or 49.485.
AB150-engrossed,1006,1111
(b) "Disabled" has the meaning given in s. 49.468 (1) (a) 1.
AB150-engrossed,1006,1412
(c) "Home" means property in which a person has an ownership interest
13consisting of the person's dwelling and the land used and operated in connection with
14the dwelling.
AB150-engrossed,1006,17
15(2) (a) Except as provided in par. (d), the department shall file a claim against
16the estate of a client or against the estate of the surviving spouse of a client for the
17amount of aid under s. 49.48, 49.483 or 49.485 paid to or on behalf of the client.
AB150-engrossed,1006,1918
(b) The affidavit of a person designated by the secretary to administer this
19subsection is evidence of the amount of the claim.
AB150-engrossed,1006,2220
(c) The court shall reduce the amount of a claim under par. (a) by up to $3,000
21if necessary to allow the client's heirs or the beneficiaries of the client's will to retain
22the following personal property:
AB150-engrossed,1006,2323
1. The decedent's wearing apparel and jewelry held for personal use.
AB150-engrossed,1006,2424
2. Household furniture, furnishings and appliances.
AB150-engrossed,1007,2
13. Other tangible personal property not used in trade, agriculture or other
2business, not to exceed $1,000 in value.
AB150-engrossed,1007,43
(d) A claim under par. (a) is not allowable if the decedent has a surviving child
4who is under age 21 or disabled or a surviving spouse.
AB150-engrossed,1007,95
(e) If the department's claim is not allowable because of par. (d) and the estate
6includes an interest in a home, the court exercising probate jurisdiction shall, in the
7final judgment, assign the interest in the home subject to a lien in favor of the
8department for the amount described in par. (a). The personal representative shall
9record the final judgment as provided in s. 863.29.
AB150-engrossed,1007,1110
(f) The department may not enforce the lien under par. (e) as long as any of the
11following survive the decedent:
AB150-engrossed,1007,1313
2. A child who is under age 21 or disabled.
AB150-engrossed,1007,1514
(g) The department may enforce a lien under par. (e) by foreclosure in the same
15manner as a mortgage on real property.
AB150-engrossed,1007,21
16(3) The department shall administer the program under this section and may
17contract with an entity to administer all or a portion of the program, including
18gathering and providing the department with information needed to recover
19payment of aid provided under s. 49.48, 49.483 or 49.485. All funds received under
20this subsection, net of any amount claimed under s. 867.035 (3), shall be remitted for
21deposit in the general fund.
AB150-engrossed,1007,24
22(4) (a) The department may recover amounts under this section for the
23provision of aid provided under s. 49.48, 49.483 or 49.485 paid on and after
24September 1, 1995.
AB150-engrossed,1008,2
1(b) The department may file a claim under sub. (2) only with respect to a client
2who dies after September 1, 1995.
AB150-engrossed,1008,7
3(5) The department shall promulgate rules establishing standards for
4determining whether the application of this section would work an undue hardship
5in individual cases. If the department determines that the application of this section
6would work an undue hardship in a particular case, the department shall waive
7application of this section in that case.
AB150-engrossed, s. 3044c
8Section 3044c. 49.482 (title) and (1) (intro.) of the statutes, as created by 1995
9Wisconsin Act .... (this act), are renumbered 49.682 (title) and (1) (intro.).
AB150-engrossed, s. 3044d
10Section 3044d. 49.482 (1) (a) of the statutes, as created by 1995 Wisconsin Act
11.... (this act), is renumbered 49.682 (1) (a) and amended to read:
AB150-engrossed,1008,1312
49.462
(1) (a) "Client" means a person who receives or received aid under s.
1349.48, 49.483 or 49.485 49.68, 49.683 or 49.685.
AB150-engrossed, s. 3044e
14Section 3044e. 49.482 (1) (b) and (c) of the statutes, as created by 1995
15Wisconsin Act .... (this act), are renumbered 49.682 (1) (b) and (c).
AB150-engrossed, s. 3044f
16Section 3044f. 49.482 (2) (a) of the statutes, as created by 1995 Wisconsin Act
17.... (this act), is renumbered 49.682 (2) (a) and amended to read:
AB150-engrossed,1008,2118
49.682
(2) (a) Except as provided in par. (d), the department shall file a claim
19against the estate of a client or against the estate of the surviving spouse of a client
20for the amount of aid under s.
49.48, 49.483 or 49.485
49.68, 49.683 or 49.685 paid
21to or on behalf of the client.
AB150-engrossed, s. 3044g
22Section 3044g. 49.482 (2) (b) to (f) of the statutes, as created by 1995
23Wisconsin Act .... (this act), are renumbered 49.682 (2) (b) to (f).
AB150-engrossed, s. 3044h
24Section 3044h. 49.482 (3) of the statutes, as created by 1995 Wisconsin Act
25.... (this act), is renumbered 49.682 (3) and amended to read:
AB150-engrossed,1009,6
149.682
(3) The department shall administer the program under this section
2and may contract with an entity to administer all or a portion of the program,
3including gathering and providing the department with information needed to
4recover payment of aid provided under s.
49.48, 49.483 or 49.485 49.68, 49.683 or
549.685. All funds received under this subsection, net of any amount claimed under
6s. 867.035 (3), shall be remitted for deposit in the general fund.
AB150-engrossed, s. 3044i
7Section 3044i. 49.482 (4) (a) of the statutes, as created by 1995 Wisconsin Act
8.... (this act), is renumbered 49.682 (4) (a) and amended to read:
AB150-engrossed,1009,119
49.682
(4) (a) The department may recover amounts under this section for the
10provision of aid provided under s.
49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 paid
11on or after September 1, 1995.
AB150-engrossed, s. 3044j
12Section 3044j. 49.482 (4) (b) and (5) of the statutes, as created by 1995
13Wisconsin Act .... (this act), are renumbered 49.682 (4) (b) and (5).
AB150-engrossed,1009,2017
49.683
(1) The department may provide financial assistance for costs of
18medical care of persons over the age of 18 years with the diagnosis of cystic fibrosis
19who meet financial requirements established by the department by rule under s.
2049.487 (1) 49.687 (1).