AB150: Bill Text

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AB150, s. 2667 Section 2667. 49.01 (9) of the statutes is repealed.

AB150, s. 2668 Section 2668. 49.01 (10) of the statutes is repealed.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

AB150, s. 2695 Section 2695. 49.02 (5) (c) of the statutes is repealed.

AB150, s. 2696 Section 2696. 49.02 (5) (cr) of the statutes is repealed.

AB150, s. 2697 Section 2697. 49.02 (5) (cw) of the statutes is repealed.

AB150, s. 2698 Section 2698. 49.02 (5) (d) of the statutes is repealed.

AB150, s. 2699 Section 2699. 49.02 (5) (e) of the statutes is repealed.

AB150, s. 2700 Section 2700. 49.02 (5) (g) of the statutes is repealed.

AB150, s. 2701 Section 2701. 49.02 (6) of the statutes is repealed.

AB150, s. 2702 Section 2702. 49.02 (6c) of the statutes is repealed.

AB150, s. 2703 Section 2703. 49.02 (6g) of the statutes is amended to read:

AB150,1000,19 49.02 (6g) (title) Liability of recipients. No individual who receives treatment or hospitalization under sub. (5) emergency medical relief may be liable for the difference between the costs of the treatment or hospitalization emergency medical relief charged by the health care provider and the amount paid by the general emergency medical relief agency.

AB150, s. 2704 Section 2704. 49.02 (6m) of the statutes is created to read:

AB150,1000,22 49.02 (6m) Notwithstanding ss. 49.002 (2) and 49.01 (5m), a general relief agency is not required to provide services described in s. 51.42 (3) (ar) 4.

AB150, s. 2705 Section 2705. 49.02 (6m) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.02 (5) (cm) and amended to read:

AB150,1001,5 49.02 (5) (cm) Notwithstanding ss. 49.002 (2) and 49.01 (5m), a general An emergency medical relief agency is not required to provide services described in s. 51.42 (3) (ar) 4.

****Note: This is reconciled s. 49.02 (6m). This Section has been affected by drafts with the following LRB numbers: -0756/4 and -1701/4.

AB150, s. 2706 Section 2706. 49.02 (6r) of the statutes is repealed.

AB150, s. 2707 Section 2707. 49.02 (7) (title) of the statutes is created to read:

AB150,1001,8 49.02 (7) (title) Administration of emergency medical relief.

AB150, s. 2708 Section 2708. 49.02 (7) of the statutes is renumbered 49.02 (7) (b) and amended to read:

AB150,1001,16 49.02 (7) (b) Whenever the authorities charged with the administration of this section have reason to believe that a person receiving emergency medical relief is engaging in conduct or behavior prohibited in ch. 944 or ss. 940.225, 948.02, 948.025 or 948.06 to 948.11 they shall promptly notify the law enforcement officials of the county thereof, including facts relating to such person's alleged misconduct or illegal behavior.

AB150, s. 2709 Section 2709. 49.02 (7) (a) of the statutes is created to read:

AB150,1001,20 49.02 (7) (a) The department shall promulgate rules regarding the administration of emergency medical relief. The rules shall include all of the following:

AB150,1001,22 1. Procedures that counties, tribal governing bodies and hospitals providing emergency medical relief shall follow in making eligibility determinations.

AB150,1002,4 2. Procedures that counties and tribal governing bodies shall follow to obtain partial reimbursement for emergency medical relief expenses under s. 49.035 and procedures for determining the portion of medical costs under s. 49.035 (2) (cm) that are attributable to emergency medical care.

AB150,1002,6 3. Procedures for appealing eligibility determinations under s. 49.015. These procedures shall include provision for notice, fair hearing and review.

AB150, s. 2710 Section 2710. 49.02 (8) of the statutes is renumbered 49.015 (2m) and amended to read:

AB150,1002,12 49.015 (2m) (title) Ineligibility due to medical assistance divestment. Any person found ineligible for medical assistance because of the divestment provisions under s. 49.453 is ineligible for medical care under this section emergency medical relief for the same period during which ineligibility exists under s. 49.453.

AB150, s. 2711 Section 2711. 49.02 (9) of the statutes is repealed.

AB150, s. 2712 Section 2712. 49.02 (10) (a) of the statutes is renumbered 49.02 (5) (bm) and amended to read:

AB150,1002,20 49.02 (5) (bm) Except as provided under par. (b), a A county or tribal governing body shall limit its liability for medical or dental care furnished as general emergency medical relief, including emergency care provided under sub. (5), to the amount payable by medical assistance under ss. 49.43 to 49.47 for care for which a medical assistance rate exists.

AB150, s. 2713 Section 2713. 49.02 (10) (b) of the statutes is repealed.