AB150: Bill Text

AB150, s. 2645 Section 2645. Subchapter II (title) of chapter 49 [precedes 49.002] of the statutes is created to read:

AB150,992,16 Chapter 49

AB150,992,19 Subchapter II EMERGENCY MEDICAL RELIEF

****Note: This is reconciled subch. II (title). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1

AB150, s. 2646 Section 2646. 49.002 (1) of the statutes is repealed.

AB150, s. 2647 Section 2647. 49.002 (2) of the statutes is renumbered 49.002 and amended to read:

AB150,993,11 49.002 Legislative declaration. It is the declared legislative policy that general emergency medical relief is the payer of last resort in all cases, except those cases involving crime victim awards under s. 949.06, where a dispute may arise over payment for costs associated with maintaining the health and welfare of providing emergency medical care to recipients of general emergency medical relief, including disputes concerning health care costs with private or public payees of health care costs, other governmental welfare programs, rehabilitation programs and programs requiring institutionalization or long-term medical and psychiatric treatment.

****Note: This is reconciled s. 49.002 (2). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2648 Section 2648. 49.01 (intro.) of the statutes is amended to read:

AB150,993,13 49.01 Definitions. (intro.) As used in this chapter subchapter:

AB150, s. 2649 Section 2649. 49.01 (1) of the statutes is renumbered 49.43 (1e) and amended to read:

AB150,993,21 49.43 (1e) "Accommodated person" means any person in a hospital or in a skilled nursing facility or intermediate care facility, as defined in Title XIX of the social security act, who would have been eligible for benefits under s. 49.177 or 49.19 or 49.77 or federal Title XVI if the person were not in such a hospital or facility, and any person in such an institution who can be found eligible for Title XIX under the social security act.

AB150, s. 2650 Section 2650. 49.01 (1m) of the statutes is created to read:

AB150,993,23 49.01 (1m) "Department" means the department of health and social services.

AB150, s. 2651 Section 2651. 49.01 (2) of the statutes is amended to read:

AB150,994,6 49.01 (2) "Dependent person" or "dependent" means an individual without the presently available money, income, property or credit, or other means by which it can be presently obtained, excluding the exemptions set forth under s. 49.06, sufficient to provide the necessary commodities and services specified in sub. (5m) emergency medical care covered by emergency medical relief.

AB150, s. 2652 Section 2652. 49.01 (3) of the statutes is created to read:

AB150,994,8 49.01 (3) "Emergency medical relief" means relief administered under s. 49.02.

AB150, s. 2653 Section 2653. 49.01 (3m) (b) of the statutes is created to read:

AB150,994,11 49.01 (3m) (b) A tribal governing body or an agency under contract with the governing body to administer emergency medical relief.

AB150, s. 2654 Section 2654. 49.01 (4) of the statutes is renumbered 49.001 (1m).

AB150, s. 2655 Section 2655. 49.01 (5) of the statutes is renumbered 49.001 (2).

AB150, s. 2656 Section 2656. 49.01 (5g) of the statutes is renumbered 49.001 (3).

AB150, s. 2657 Section 2657. 49.01 (5m) of the statutes is repealed.

AB150, s. 2658 Section 2658. 49.01 (5r) of the statutes is renumbered 49.01 (3m) (intro.) and amended to read:

AB150,994,20 49.01 (3m) (intro.) "General "Emergency medical relief agency" means a the following if the county or tribal governing body has elected to operate an emergency medical relief program administered under s. 49.02:

AB150,994,22 (a) A county department under s. 46.215, 46.22 or 46.23 or an agency under contract with a county department to administer emergency medical relief.

AB150, s. 2659 Section 2659. 49.01 (6) of the statutes is renumbered 49.001 (4).

AB150, s. 2660 Section 2660. 49.01 (6m) of the statutes is renumbered 49.001 (5).

AB150, s. 2661 Section 2661. 49.01 (7) of the statutes is renumbered 49.43 (10m).

AB150, s. 2662 Section 2662. 49.01 (8g) of the statutes is renumbered 49.001 (6).

AB150, s. 2663 Section 2663. 49.01 (8j) of the statutes is created to read:

AB150,995,3 49.01 (8j) "Secretary" means the secretary of health and social services.

AB150, s. 2664 Section 2664. 49.01 (8m) of the statutes is renumbered 49.001 (7).

AB150, s. 2665 Section 2665. 49.01 (8p) of the statutes is created to read:

AB150,995,7 49.01 (8p) "Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe.

AB150, s. 2666 Section 2666. 49.01 (8r) of the statutes is renumbered 49.001 (8).

AB150, s. 2667 Section 2667. 49.01 (9) of the statutes is repealed.

AB150, s. 2668 Section 2668. 49.01 (10) of the statutes is repealed.

AB150, s. 2669 Section 2669. 49.015 (title) of the statutes is amended to read:

AB150,995,12 49.015 (title) General Emergency medical relief eligibility.

AB150, s. 2670 Section 2670. 49.015 (1) of the statutes is created to read:

AB150,995,16 49.015 (1) General eligibility requirements. Except as provided in subs. (1m) to (3), a person is eligible for emergency medical relief if all of the following criteria are met:

AB150,995,19 (a) The emergency medical relief is provided to a person who resides in a county that has elected, or on tax-free land in which the tribal governing body has elected, to operate an emergency medical relief program administered under s. 49.02.

AB150,995,22 (c) The person qualifies under written criteria of dependency under s. 49.02 (1m) established by the emergency medical relief agency in that county or on that tax free-land.

AB150, s. 2671 Section 2671. 49.015 (1) (a) of the statutes is renumbered 49.015 (1m) (a).

AB150, s. 2672 Section 2672. 49.015 (1) (b) (intro.) of the statutes is renumbered 49.015 (1m) (b) (intro.) and amended to read:

AB150,996,5 49.015 (1m) (b) (intro.) No person is eligible for general emergency medical relief under this chapter unless the person has resided in this state for at least 60 consecutive days before applying for general emergency medical relief. This requirement does not apply if the person resides in this state and meets any of the following conditions:

****Note: This is reconciled s. 49.015 (1) (b) (intro.). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2673 Section 2673. 49.015 (1) (b) 1. of the statutes is renumbered 49.015 (1m) (b) 1.

AB150, s. 2674 Section 2674. 49.015 (1) (b) 2. of the statutes is renumbered 49.015 (1m) (b) 2.

AB150, s. 2675 Section 2675. 49.015 (1) (b) 3. of the statutes is renumbered 49.015 (1m) (b) 3.

AB150, s. 2676 Section 2676. 49.015 (1) (b) 4. of the statutes is renumbered 49.015 (1m) (b) 4.

AB150, s. 2677 Section 2677. 49.015 (1m) (title) of the statutes is created to read:

AB150,996,15 49.015 (1m) (title) State residency requirements.

AB150, s. 2678 Section 2678. 49.015 (2) (a) of the statutes is renumbered 49.015 (2) and amended to read:

AB150,996,23 49.015 (2) (title) Recipients of other aid. A person is not eligible for general emergency medical relief under this chapter for a month in which the person has received aid to families with dependent children under s. 49.19 or supplemental security income under 42 USC 1381 to 1383c or in which aid to families with dependent children or supplemental security income benefits are immediately available to the person.

****Note: This is reconciled s. 49.015 (2) (a). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2679 Section 2679. 49.015 (2) (b) of the statutes is repealed.

****Note: This is reconciled s. 49.015 (2) (b). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2680 Section 2680. 49.015 (2) (c) of the statutes is repealed.

AB150, s. 2681 Section 2681. 49.015 (3) of the statutes is amended to read:

AB150,997,9 49.015 (3) (title) Waiver of certain eligibility criteria. After December 31, 1986, a general An emergency medical relief agency may waive the requirement under sub. (1) (1m) (b) or (2) (a) in a medical emergency or in case of unusual misfortune or hardship. Each waiver shall be reported to the department. The department may deny reimbursement under s. 49.035 for any case in which a waiver is inappropriately granted.

AB150, s. 2682 Section 2682. 49.015 (4) of the statutes is repealed.

****Note: This is reconciled s. 49.015 (4). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2683 Section 2683. 49.02 (title) of the statutes is amended to read:

AB150,997,13 49.02 (title) General Emergency medical relief benefits and administration.

AB150, s. 2684 Section 2684. 49.02 (1) of the statutes is created to read:

AB150,997,19 49.02 (1) Election to provide emergency medical relief. A county or a tribal governing body may elect to provide emergency medical relief to all persons eligible for emergency medical relief under s. 49.015. Subsections (1m) to (11) apply only with respect to counties and tribal governing bodies who make the election under this subsection to provide emergency medical relief program.

AB150, s. 2685 Section 2685. 49.02 (1e) of the statutes is created to read:

AB150,998,4 49.02 (1e) Emergency medical relief agencies. If a county or tribal governing body makes the election under sub. (1), the county or tribal governing body shall establish or designate an emergency medical relief agency to administer emergency medical relief under this section.

AB150, s. 2686 Section 2686. 49.02 (1m) of the statutes is amended to read:

AB150,998,16 49.02 (1m) (title) Written criteria to determine dependency. Every county shall furnish general relief to all eligible dependent persons within the county and shall establish or designate a general relief agency to administer general relief. The general Each emergency medical relief agency shall establish written criteria to be used to determine dependency and shall establish written standards of need to be used to determine the type and amount of general relief to be furnished. The general emergency medical relief agency shall review the standards of need these criteria at least annually. The general relief agency may establish work-seeking rules for general relief applicants and recipients. The department may promulgate rules establishing minimum requirements for written criteria of dependency under this subsection.

AB150, s. 2687 Section 2687. 49.02 (2r) of the statutes is amended to read:

AB150,998,24 49.02 (2r) (title) Reimbursement from other programs or resources. A general An emergency medical relief agency may require the person who is receiving general emergency medical relief to authorize any program or resource for which he or she is determined to be eligible to reimburse the general emergency medical relief agency for general relief benefits paid provided to the person if the program or resource permits retroactive reimbursement for the period that general emergency medical relief benefits were paid provided.

AB150, s. 2688 Section 2688. 49.02 (3) of the statutes is repealed.

AB150, s. 2689 Section 2689. 49.02 (4) of the statutes is repealed.

AB150, s. 2690 Section 2690. 49.02 (5) (title) of the statutes is created to read:

AB150,999,3 49.02 (5) (title) Emergency medical relief benefits.

AB150, s. 2691 Section 2691. 49.02 (5) (am) of the statutes is amended to read:

AB150,999,16 49.02 (5) (am) Except as otherwise provided in this section If a county or tribal governing body makes the election under sub. (1), the county under par. (ar) or tribal governing body shall be liable for emergency hospitalization and care if a physician hospitalizes on an emergency basis or renders care on that basis to a person who is determined to be an eligible dependent person under this chapter, without previously authorizing the same s. 49.015, when, in the reasonable professional judgment of a physician, emergency medical treatment or hospitalization is necessary because severe physical or psychological damage to the person would result if the treatment or hospitalization was delayed pending the receipt of prior authorization from the general relief agency of the county under par. (ar) withheld. The department shall promulgate rules establishing standards to be used by physicians in making this judgment.

****Note: This is reconciled s. 49.02 (5) (am). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2692 Section 2692. 49.02 (5) (ar) of the statutes is repealed.

****Note: This is reconciled s. 49.02 (5) (ar). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2693 Section 2693. 49.02 (5) (b) of the statutes is amended to read:

AB150,999,21 49.02 (5) (b) A county or tribal governing body is not liable for hospitalization or care provided under par. (a) (am) if the hospital provides the care or hospitalization to the person as uncompensated services required under 42 USC 291c.

AB150, s. 2694 Section 2694. 49.02 (5) (bm) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1000,5 49.02 (5) (bm) A county or tribal governing body shall limit its liability for emergency medical relief to the amount payable by medical assistance under ss. 49.43 to 49.47 subch. IV for care for which a medical assistance rate exists.

****Note: This is reconciled s. 49.02 (5) (bm). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.