AB133-ASA1, s. 1432g 16Section 1432g. 49.453 (4) (am) of the statutes is created to read:
AB133-ASA1,721,1917 49.453 (4) (am) Paragraph (a) 1. does not apply to a variable annuity that is
18tied to a mutual fund that is registered with the federal securities and exchange
19commission.
AB133-ASA1, s. 1433 20Section 1433. 49.453 (4) (c) of the statutes is amended to read:
AB133-ASA1,722,521 49.453 (4) (c) The department shall promulgate rules specifying the method to
22be used in calculating the expected value of the benefit, based on 26 CFR 1.72-1 to
231.72-18, and specifying the criteria for adjusting the expected value of the benefit
24based on a medical condition diagnosed by a physician before the assets were
25transferred to the annuity, or transferred by promissory note or similar instrument.

1In calculating the amount of the divestment when a transfer to an annuity, or a
2transfer by promissory note or similar instrument, is made, payments made to the
3transferor in any year subsequent to the year in which the transfer was made shall
4be discounted to the year in which the transfer was made by the applicable federal
5rate specified under par. (a) on the date of the transfer
.
AB133-ASA1, s. 1433t 6Section 1433t. 49.46 (1) (a) 1m. of the statutes is amended to read:
AB133-ASA1,722,107 49.46 (1) (a) 1m. Any pregnant woman who meets the resource and income
8limits under s. 49.19 (4) (bm) and (es) and whose pregnancy is medically verified.
9Eligibility continues to the last day of the month in which the 60th day after the last
10day of the pregnancy falls.
AB133-ASA1, s. 1433u 11Section 1433u. 49.46 (1) (a) 12. of the statutes is amended to read:
AB133-ASA1,722,1312 49.46 (1) (a) 12. Any child not described under subd. 1. who is under 19 years
13of age and who meets the resource and income limits under s. 49.19 (4) (es).
AB133-ASA1, s. 1433v 14Section 1433v. 49.46 (1) (a) 14m. of the statutes is created to read:
AB133-ASA1,722,2015 49.46 (1) (a) 14m. Any person who would meet the financial and other eligibility
16requirements for home or community-based services under the family care benefit
17but for the fact that the person engages in substantial gainful activity under 42 USC
181382c
(a) (3), if a waiver under s. 46.281 (1) (c) is in effect or federal law permits
19federal financial participation for medical assistance coverage of the person and if
20funding is available for the person under the family care benefit.
AB133-ASA1, s. 1434 21Section 1434. 49.46 (1p) of the statutes is created to read:
AB133-ASA1,723,322 49.46 (1p) Demonstration project for persons with HIV. The department
23shall request a waiver from the secretary of the federal department of health and
24human services to allow the department to provide under this section coverage of
25services specified under sub. (2) (b) 17. for persons who have HIV infection, as defined

1in s. 252.01 (2). If a waiver is granted and in effect, the department shall provide
2coverage for the services specified under sub. (2) (b) 17. for persons who qualify under
3the terms of the waiver.
AB133-ASA1, s. 1434t 4Section 1434t. 49.46 (2) (b) 1. (intro.) of the statutes is amended to read:
AB133-ASA1,723,85 49.46 (2) (b) 1. (intro.) Dentists' services, which, except as provided in s. 49.45
6(24g), and except for dentists' services provided pursuant to a federal waiver to
7individuals who have attained the age of 65, shall be provided on a fee-for-service
8basis and
limited to basic services within each of the following categories:
AB133-ASA1, s. 1435 9Section 1435. 49.46 (2) (b) 8. of the statutes is amended to read:
AB133-ASA1,723,1210 49.46 (2) (b) 8. Home or community-based services, if provided under s. 46.27
11(11), 46.275, 46.277 or 46.278 or under the family care benefit if a waiver is in effect
12under s. 46.281 (1) (c)
.
AB133-ASA1, s. 1436 13Section 1436. 49.46 (2) (b) 17. of the statutes is created to read:
AB133-ASA1,723,1614 49.46 (2) (b) 17. If a waiver under sub. (1p) is granted and in effect, clinical
15evaluation services, as defined by the department, for persons who qualify for
16coverage under sub. (1p).
AB133-ASA1, s. 1437 17Section 1437. 49.46 (2) (b) 18. of the statutes is created to read:
AB133-ASA1,723,2018 49.46 (2) (b) 18. Alcohol or other drug abuse residential treatment services of
19no more than 45 days per treatment episode, under s. 49.45 (46). This subdivision
20does not apply after July 1, 2003.
AB133-ASA1, s. 1438 21Section 1438. 49.47 (4) (as) 1. of the statutes is amended to read:
AB133-ASA1,724,222 49.47 (4) (as) 1. The person would meet the financial and other eligibility
23requirements for home or community-based services under s. 46.27 (11) or 46.277
24or under the family care benefit if a waiver is in effect under s. 46.281 (1) (c) but for

1the fact that the person engages in substantial gainful activity under 42 USC 1382c
2(a) (3).
AB133-ASA1, s. 1439 3Section 1439. 49.47 (4) (as) 3. of the statutes is amended to read:
AB133-ASA1,724,54 49.47 (4) (as) 3. Funding is available for the person under s. 46.27 (11) or 46.277
5or under the family care benefit if a waiver is in effect under s. 46.281 (1) (c).
AB133-ASA1, s. 1440 6Section 1440. 49.472 of the statutes is created to read:
AB133-ASA1,724,7 749.472 Medical assistance purchase plan. (1) Definitions. In this section:
AB133-ASA1,724,88 (a) "Earned income" has the meaning given in 42 USC 1382a (a) (1).
AB133-ASA1,724,109 (am) "Family" means an individual, the individual's spouse and any dependent
10child, as defined in s. 49.141 (1) (c), of the individual.
AB133-ASA1,724,1411 (b) "Health insurance" means surgical, medical, hospital, major medical or
12other health service coverage, including a self-insured health plan, but does not
13include hospital indemnity policies or ancillary coverages such as income
14continuation, loss of time or accident benefits.
AB133-ASA1,724,1815 (c) "Independence account" means an account approved by the department that
16consists solely of savings, and dividends or other gains derived from those savings,
17from income earned from paid employment after the initial date that an individual
18began receiving medical assistance under this section.
AB133-ASA1,724,2019 (d) "Medical assistance purchase plan" means medical assistance, eligibility for
20which is determined under this section.
AB133-ASA1,724,2121 (e) "Unearned income" has the meaning given in 42 USC 1382a (a) (2).
AB133-ASA1,725,5 22(2) Waivers and amendments. The department shall submit to the federal
23department of health and human services an amendment to the state medical
24assistance plan, and shall request any necessary waivers from the secretary of the
25federal department of health and human services, to permit the department to

1expand medical assistance eligibility as provided in this section. If the state plan
2amendment and all necessary waivers are approved and in effect, the department
3shall implement the medical assistance eligibility expansion under this section not
4later than January 1, 2000, or 3 months after full federal approval, whichever is
5later.
AB133-ASA1,725,8 6(3) Eligibility. Except as provided in sub. (6) (a), an individual is eligible for
7and shall receive medical assistance under this section if all of the following
8conditions are met:
AB133-ASA1,725,119 (a) The individual's family's net income is less than 250% of the poverty line for
10a family the size of the individual's family. In calculating the net income, the
11department shall apply all of the exclusions specified under 42 USC 1382a (b).
AB133-ASA1,725,1612 (b) The individual's assets do not exceed $15,000. In determining assets, the
13department may not include assets that are excluded from the resource calculation
14under 42 USC 1382b (a) or assets accumulated in an independence account. The
15department may exclude, in whole or in part, the value of a vehicle used by the
16individual for transportation to paid employment.
AB133-ASA1,725,2017 (c) The individual would be eligible for supplemental security income for
18purposes of receiving medical assistance but for evidence of work, attainment of the
19substantial gainful activity level, earned income and unearned income in excess of
20the limit established under 42 USC 1396d (q) (2) (B) and (D).
AB133-ASA1,725,2221 (e) The individual is legally able to work in all employment settings without
22a permit under s. 103.70.
AB133-ASA1,725,2523 (f) The individual maintains premium payments calculated by the department
24in accordance with sub. (4), unless the individual is exempted from premium
25payments under sub. (4) (b) or (5).
AB133-ASA1,726,3
1(g) The individual is engaged in gainful employment or is participating in a
2program that is certified by the department to provide health and employment
3services that are aimed at helping the individual achieve employment goals.
AB133-ASA1,726,54 (h) The individual meets all other requirements established by the department
5by rule.
AB133-ASA1,726,9 6(4) Premiums. (a) Except as provided in par. (b) and sub. (5), an individual who
7is eligible for medical assistance under sub. (3) and receives medical assistance shall
8pay a monthly premium to the department. The department shall establish the
9monthly premiums by rule in accordance with the following guidelines:
AB133-ASA1,726,1010 1. The premium for any individual may not exceed the sum of the following:
AB133-ASA1,726,1211 a. Three and one-half percent of the individual's earned income after the
12disregards specified in subd. 2m.
AB133-ASA1,726,1413 b. One hundred percent of the individual's unearned income after the
14deductions specified in subd. 2.
AB133-ASA1,726,1615 2. In determining an individual's unearned income under subd. 1., the
16department shall disregard all of the following:
AB133-ASA1,726,2017 a. A maintenance allowance established by the department by rule. The
18maintenance allowance may not be less than the sum of $20, the federal
19supplemental security income payment level determined under 42 USC 1382 (b) and
20the state supplemental payment determined under s. 49.77 (2m).
AB133-ASA1,726,2121 b. Medical and remedial expenses and impairment-related work expenses.
AB133-ASA1,726,2422 2m. If the disregards under subd. 2. exceed the unearned income against which
23they are applied, the department shall disregard the remainder in calculating the
24individual's earned income.
AB133-ASA1,727,2
13. The department may reduce the premium by 25% for an individual who is
2covered by private health insurance.
AB133-ASA1,727,63 (b) The department may waive monthly premiums that are calculated to be
4below $10 per month. The department may not assess a monthly premium for any
5individual whose income level, after adding the individual's earned income and
6unearned income, is below 150% of the poverty line.
AB133-ASA1,727,10 7(5) Community options participants. From the appropriation under s. 20.435
8(7) (bd), the department may pay all or a portion of the monthly premium calculated
9under sub. (4) (a) for an individual who is a participant in the community options
10program under s. 46.27 (11).
AB133-ASA1,727,16 11(6) Insured persons. (a) Notwithstanding sub. (4) (a) 3., from the
12appropriation under s. 20.435 (4) (b), the department shall, on the part of an
13individual who is eligible for medical assistance under sub. (3), pay premiums for or
14purchase individual coverage offered by the individual's employer if the department
15determines that paying the premiums for or purchasing the coverage will not be more
16costly than providing medical assistance.
AB133-ASA1,727,1917 (b) If federal financial participation is available, from the appropriation under
18s. 20.435 (4) (b), the department may pay medicare Part A and Part B premiums for
19individuals who are eligible for medicare and for medical assistance under sub. (3).
AB133-ASA1,727,20 20(7) Department duties. The department shall do all of the following:
AB133-ASA1,727,2321 (a) Determine eligibility, or contract with a county department, as defined in
2249.45 (6c) (a) 3., or with a tribal governing body to determine eligibility, of individuals
23for the medical assistance purchase plan in accordance with sub. (3).
AB133-ASA1,728,224 (b) Ensure, to the extent practicable, continuity of care for a medical assistance
25recipient under this section who is engaged in paid employment, or is enrolled in a

1home-based or community-based waiver program under section 1915 (c) of the
2Social Security Act, and who becomes ineligible for medical assistance.
AB133-ASA1, s. 1441 3Section 1441. 49.475 (5) of the statutes is amended to read:
AB133-ASA1,728,94 49.475 (5) Reimbursement of costs. From the appropriations under s. 20.435
5(1) (4) (bm) and (p) (pa), the department shall reimburse an insurer that provides
6information under this section for the insurer's reasonable costs incurred in
7providing the requested information, including its reasonable costs, if any, to develop
8and operate automated systems specifically for the disclosure of information under
9this section.
AB133-ASA1, s. 1444 10Section 1444. 49.496 (2) (title) of the statutes is amended to read:
AB133-ASA1,728,1211 49.496 (2) (title) Liens on the homes of nursing home residents and inpatients
12at hospitals
.
AB133-ASA1, s. 1445 13Section 1445. 49.496 (2) (a) of the statutes is amended to read:
AB133-ASA1,728,2014 49.496 (2) (a) Except as provided in par. (b), the department may obtain a lien
15on a recipient's home if the recipient resides in a nursing home, or if the recipient
16resides in a hospital and is required to contribute to the cost of care,
and the recipient
17cannot reasonably be expected to be discharged from the nursing home or hospital
18and return home. The lien is for the amount of medical assistance paid on behalf of
19the recipient while the recipient resides in a nursing home that is recoverable under
20sub. (3) (a)
.
AB133-ASA1, s. 1446 21Section 1446. 49.496 (2) (b) 3. of the statutes is amended to read:
AB133-ASA1,728,2422 49.496 (2) (b) 3. The recipient's sibling who has an ownership interest in the
23home and who has lived in the home continuously beginning at least 12 months
24before the recipient was admitted to the nursing home or hospital.
AB133-ASA1, s. 1447 25Section 1447. 49.496 (2) (c) 1. of the statutes is amended to read:
AB133-ASA1,729,4
149.496 (2) (c) 1. Notify the recipient in writing of its determination that the
2recipient cannot reasonably be expected to be discharged from the nursing home or
3hospital
, its intent to impose a lien on the recipient's home and the recipient's right
4to a hearing on whether the requirements for the imposition of a lien are satisfied.
AB133-ASA1, s. 1448 5Section 1448. 49.496 (2) (f) 3. of the statutes is amended to read:
AB133-ASA1,729,96 49.496 (2) (f) 3. A child of any age who resides in the home, if that child resided
7in the home for at least 24 months before the recipient was admitted to the nursing
8home or hospital and provided care to the recipient that delayed the recipient's
9admission to the nursing home or hospital.
AB133-ASA1, s. 1449 10Section 1449. 49.496 (2) (f) 4. of the statutes is amended to read:
AB133-ASA1,729,1311 49.496 (2) (f) 4. A sibling who resides in the home, if the sibling resided in the
12home for at least 12 months before the recipient was admitted to the nursing home
13or hospital.
AB133-ASA1, s. 1450 14Section 1450. 49.496 (2) (h) of the statutes is amended to read:
AB133-ASA1,729,1715 49.496 (2) (h) The department shall file a release of a lien imposed under this
16subsection if the recipient is discharged from the nursing home or hospital and
17returns to live in the home.
AB133-ASA1, s. 1451 18Section 1451. 49.496 (3) (a) (intro.) of the statutes is amended to read:
AB133-ASA1,729,2219 49.496 (3) (a) (intro.) Except as provided in par. (b), the department shall file
20a claim against the estate of a recipient or against the estate of the surviving spouse
21of a recipient
for all of the following unless already recovered by the department
22under this section:
AB133-ASA1, s. 1452 23Section 1452. 49.496 (3) (a) 1. of the statutes is amended to read:
AB133-ASA1,730,224 49.496 (3) (a) 1. The amount of medical assistance paid on behalf of the
25recipient while the recipient resided in a nursing home or while the recipient was an

1inpatient in a medical institution hospital and was required to contribute to the cost
2of care.
AB133-ASA1, s. 1453 3Section 1453. 49.496 (3) (a) 2. a. of the statutes is amended to read:
AB133-ASA1,730,64 49.496 (3) (a) 2. a. Home-based or community-based services under 42 USC
51396d
(a) (7) and (8) and under any waiver granted under 42 USC 1396n (c) (4) (B)
6or 42 USC 1396u.
AB133-ASA1, s. 1454 7Section 1454. 49.496 (3) (a) 2. d. of the statutes is created to read:
AB133-ASA1,730,88 49.496 (3) (a) 2. d. Personal care services under s. 49.46 (2) (b) 6. j.
AB133-ASA1, s. 1455 9Section 1455. 49.496 (3) (am) (intro.) of the statutes is amended to read:
AB133-ASA1,730,1310 49.496 (3) (am) (intro.) The court shall reduce the amount of a claim under par.
11(a) by up to $3,000 the amount specified in s. 861.33 (2) if necessary to allow the
12recipient's heirs or the beneficiaries of the recipient's will to retain the following
13personal property:
AB133-ASA1, s. 1456 14Section 1456. 49.496 (3) (am) 3. of the statutes is amended to read:
AB133-ASA1,730,1715 49.496 (3) (am) 3. Other tangible personal property not used in trade,
16agriculture or other business, not to exceed $1,000 in value the amount specified in
17s. 861.33 (1) (a) 4
.
AB133-ASA1, s. 1458 18Section 1458. 49.496 (3) (c) of the statutes is renumbered 49.496 (3) (c) 1. and
19amended to read:
AB133-ASA1,731,220 49.496 (3) (c) 1. If the department's claim is not allowable because of par. (b)
21and the estate includes an interest in a home, the court exercising probate
22jurisdiction shall, in the final judgment or summary findings and order, assign the
23interest in the home subject to a lien in favor of the department for the amount
24described in par. (a). The personal representative or petitioner for summary

1settlement or summary assignment of the estate
shall record the final judgment as
2provided in s. 863.29, 867.01 (3) (h) or 867.02 (2) (h).
AB133-ASA1, s. 1459 3Section 1459. 49.496 (3) (c) 2. of the statutes is created to read:
AB133-ASA1,731,104 49.496 (3) (c) 2. If the department's claim is not allowable because of par. (b),
5the estate includes an interest in a home and the personal representative closes the
6estate by sworn statement under s. 865.16, the personal representative shall
7stipulate in the statement that the home is assigned subject to a lien in favor of the
8department for the amount described in par. (a). The personal representative shall
9record the statement in the same manner as described in s. 863.29, as if the
10statement were a final judgment.
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