AB150: Bill Text

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AB150, s. 2692 Section 2692. 49.02 (5) (ar) of the statutes is repealed.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AB150, s. 2695 Section 2695. 49.02 (5) (c) of the statutes is repealed.

AB150, s. 2696 Section 2696. 49.02 (5) (cr) of the statutes is repealed.

AB150, s. 2697 Section 2697. 49.02 (5) (cw) of the statutes is repealed.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

AB150, s. 2714 Section 2714. 49.02 (10) (c) of the statutes is repealed.

AB150, s. 2715 Section 2715. 49.02 (11) of the statutes is amended to read:

AB150,1003,2 49.02 (11) (title) Checking eligibility with department of transportation records. A general An emergency medical relief agency may use vehicle registration information from the department of transportation in determining eligibility for general emergency medical relief.

AB150, s. 2716 Section 2716. 49.02 (12) of the statutes is repealed.

****Note: This is reconciled s. 49.02 (12). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2717 Section 2717. 49.032 of the statutes is repealed.

****Note: This is reconciled s. 49.032. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2718 Section 2718. 49.035 (title) of the statutes is amended to read:

AB150,1003,6 49.035 (title) State aid for general emergency medical relief.

AB150, s. 2719 Section 2719. 49.035 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

****Note: This is reconciled 49.035 (1). This Section has been affected by drafts with the following LRB numbers: -0756/3 and -1701/3.

AB150, s. 2720 Section 2720. 49.035 (1) (intro.) of the statutes is amended to read:

AB150,1003,11 49.035 (1) (intro.) As provided in sub. (4e), the The department shall reimburse, as provided in sub. (4e), except for medical costs:

AB150, s. 2721 Section 2721. 49.035 (1m) of the statutes is created to read:

AB150,1003,15 49.035 (1m) State reimbursement percentages for tribal governing bodies. From the appropriation under s. 20.435 (4) (e), the department shall reimburse a tribal governing body for 100% of eligible emergency medical relief costs.

AB150, s. 2722 Section 2722. 49.035 (2) (intro.) of the statutes is amended to read:

AB150,1003,18 49.035 (2) (intro.) As Except as provided in sub. (4e) (3), the department shall reimburse, as provided in sub. (4e), for general relief medical costs:

AB150, s. 2723 Section 2723. 49.035 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1004,3 49.035 (2) (title) State reimbursement percentages for counties. (intro.) Except as provided in sub. (3), the department shall reimburse, as provided in sub. (4e), for general emergency medical relief medical costs:

****Note: This is reconciled 49.035 (2) (intro.). This Section has been affected by drafts with the following LRB numbers: -0756/3 and -1701/3.

AB150, s. 2724 Section 2724. 49.035 (2) (b) 7. of the statutes is amended to read:

AB150,1004,7 49.035 (2) (b) 7. Up to 40% of eligible emergency medical relief costs incurred by the county on behalf of an individual client that are not more than $10,000 per claim period.

AB150, s. 2725 Section 2725. 49.035 (2) (b) 8. of the statutes is amended to read:

AB150,1004,10 49.035 (2) (b) 8. Up to 70% of eligible emergency medical relief costs incurred by the county on behalf of an individual client that exceed $10,000 per claim period.

AB150, s. 2726 Section 2726. 49.035 (2) (cm) (intro.) of the statutes is amended to read:

AB150,1004,18 49.035 (2) (cm) (intro.) A If a county operates a comprehensive medical relief program in addition to an emergency medical relief program and if the county enrolls participants in these programs in a prepaid health care system with a uniform fee per person, a county for up to 60% of the eligible portion of the medical costs for individual clients who are enrolled in a prepaid health care system with a uniform fee per person these participants that are attributable to emergency medical care, if the following requirements are met:

AB150, s. 2727 Section 2727. 49.035 (2) (cm) 3. of the statutes is amended to read:

AB150,1005,3 49.035 (2) (cm) 3. The county offers a full range of medical or dental care furnished by the general relief agency as general relief, including emergency medical treatment and hospitalization, must be available for general relief clients under a contract between a general care to all persons eligible for emergency medical relief under s. 49.015 under a contract between the emergency medical relief agency and a health maintenance organization for provision of general relief medical treatment and hospitalization.

AB150, s. 2728 Section 2728. 49.035 (3) of the statutes is created to read:

AB150,1005,6 49.035 (3) The state may not reimburse a county under this section for the costs of providing services described in s. 51.42 (3) (ar) 4.

AB150, s. 2729 Section 2729. 49.035 (3) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1005,11 49.035 (3) (title) Limitation on state reimbursement. The state may not reimburse a county or a tribal governing body under this section for the costs of providing services described in s. 51.42 (3) (ar) 4.

****Note: This is reconciled s. 49.035 (3). This Section has been affected by drafts with the following LRB numbers: -0756/4 and -1701/4.

AB150, s. 2730 Section 2730. 49.035 (4) (title) of the statutes is created to read:

AB150,1005,13 49.035 (4) (title) Filing of reimbursement claims.

AB150, s. 2731 Section 2731. 49.035 (4) of the statutes is renumbered 49.035 (4) (b) and amended to read:

AB150,1005,18 49.035 (4) (b) Claims for reimbursement under subs. (1) and sub. (2) shall be filed with the department by March 1 of the year immediately following the calendar year in which the costs were incurred.

AB150, s. 2732 Section 2732. 49.035 (4) (a) of the statutes is created to read:

AB150,1005,22 49.035 (4) (a) The department, after consulting with all elected tribal governing bodies in this state, shall promulgate rules establishing requirements for filing claims for reimbursement under sub. (1m).

AB150, s. 2733 Section 2733 . 49.035 (4e) (title) of the statutes is created to read:

AB150,1006,2 49.035 (4e) (title) Treatment of certain payments to county hospitals and mental health complexes.

AB150, s. 2734 Section 2734 . 49.035 (4e) (a) of the statutes is amended to read:

AB150,1006,11 49.035 (4e) (a) If claims for eligible general emergency medical relief costs at the maximum rates under subs. (1) and sub. (2) do not exceed the total of the funds available under s. 20.435 (4) (eb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) by applying the maximum rates under subs. (1) and sub. (2) to the county's eligible costs and subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c).

AB150, s. 2735 Section 2735 . 49.035 (4e) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1006,21 49.035 (4e) (a) If claims for eligible emergency medical relief costs at the maximum rates under sub. (2) do not exceed the total of the funds available under s. 20.435 (4) (eb) (1) (cb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) (1) (cb) by applying the maximum rates under sub. (2) to the county's eligible costs and subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c).

****Note: This is reconciled s. 49.035 (4e) (a). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2736 Section 2736 . 49.035 (4e) (b) of the statutes is amended to read:

AB150,1007,9 49.035 (4e) (b) If claims for eligible general emergency medical relief costs at the maximum rates under subs. (1) and sub. (2) do exceed the total of the funds available under s. 20.435 (4) (eb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall prorate the funds available under s. 20.435 (4) (eb) among the counties. Under this paragraph, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) by subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c) from its prorated share of the funds available under s. 20.435 (4) (eb).