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LRB-0030LRB-0030/1
PJK:kmg&jld:rs
2003 - 2004 LEGISLATURE
DOA:...... Blaine - BB0002 Eliminate comprehensive community services as an MA benefit
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: benefits under the medical assistance program.
Analysis by the Legislative Reference Bureau
Health and human services
Medical assistance
Under current law, DHFS administers the medical assistance (MA) program under which eligible individuals receive health care services. Mental health and psychological rehabilitative services provided by a community support program to individuals with mental illness who live in the community is a covered benefit under the MA program. The county pays all costs for the services that are not paid by the federal government. Also covered, but only if a county elects to offer the services as a benefit, are psychosocial services provided by a community-based psychosocial service program to individuals with less severe mental illness who live in the community. A county that elects to provide the services as a benefit must pay all costs not paid by the federal government.
This bill eliminates psychosocial services provided by a community-based psychosocial service program as a possible benefit under the MA program.
For further information see the local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
****NOTE: This is reconciled s. 49.45 (6t) (intro.). It was removed and its treatment added to LRB-1611. This section is affected by LRB-0030 and LRB-1611.
****NOTE: This is reconciled s. 49.45 (6t) (a). It was removed and its treatment added to LRB-1611. This section is affected by LRB-0030 and LRB-1611.
SECTION 1. 49.45 (30e) of the statutes is repealed.
SECTION 2. 49.46 (2) (b) 6. Lm. of the statutes is repealed.
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LRB-0032LRB-0032/P2
PJK:kmg:jf
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0004 Various cost control provisions for chronic disease aids program
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: changes to the chronic disease aids program, granting rule-making authority, and providing an exemption from emergency rule procedures.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
Under current law, DHFS provides financial assistance for the cost of medical care for the treatment of chronic kidney disease, cystic fibrosis, and hemophilia to persons with those conditions. This assistance is collectively referred to as the chronic disease aids program. This bill makes three changes to the chronic disease aids program for cost control purposes. The bill authorizes DHFS to use managed care methods of cost containment for the chronic disease aids program. The bill eliminates the requirement that the rates paid by DHFS for services provided for the treatment of chronic kidney disease be equal to the allowable charges under the federal Medicare program and prohibits a provider of a service for the treatment of chronic kidney disease from billing a patient for any difference between the amount the state pays under the chronic disease aids program and the provider's charge for the service. Finally, the bill provides that a person may not receive benefits under the chronic disease aids program unless, before applying for benefits under that program, the person applies for benefits under other health care coverage programs for which he or she reasonably may be eligible. DHFS must promulgate rules specifying other health care coverage programs for which a person must apply, including the Medical Assistance program, the Badger Care health care program, and the prescription drug assistance for elderly persons program.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.68 (3) (a) of the statutes is amended to read:
49.68 (3) (a) Any Subject to s. 49.687 (1m), any permanent resident of this state who suffers from chronic renal disease may be accepted into the dialysis treatment phase of the renal disease control program if the resident meets standards set by rule under sub. (2) and s. 49.687.
SECTION 2. 49.68 (3) (d) 1. of the statutes is amended to read:
49.68 (3) (d) 1. No aid may be granted under this subsection unless the recipient has no other form of aid available from the federal medicare program or, from private health, accident, sickness, medical, and hospital insurance coverage, or from other health care coverage specified by rule under s. 49.687 (1m) (b). If insufficient aid is available from other sources and if the recipient has paid an amount equal to the annual medicare deductible amount specified in subd. 2., the state shall pay the difference in cost to a qualified recipient. If at any time sufficient federal or private insurance aid or other health care coverage becomes available during the treatment period, state aid under this subsection shall be terminated or appropriately reduced. Any patient who is eligible for the federal medicare program shall register and pay the premium for medicare medical insurance coverage where permitted, and shall pay an amount equal to the annual medicare deductible amounts required under 42 USC 1395e and 1395L (b), prior to becoming eligible for state aid under this subsection.
SECTION 3. 49.68 (3) (d) 3. of the statutes is created to read:
49.68 (3) (d) 3. No payment shall be made under this subsection for any portion of medical treatment costs or other expenses that are payable under any state, federal, or other health care coverage program, including a health care coverage program specified by rule under s. 49.687 (1m) (b), or under any grant, contract, or other contractual arrangement.
SECTION 4. 49.68 (3) (e) of the statutes is amended to read:
49.68 (3) (e) State aids for services provided under this section shall be equal to may not exceed the allowable charges under the federal medicare program. In no case shall state rates for individual service elements exceed the federally defined allowable costs. The rate of charges for services not covered by public and private insurance shall not exceed the reasonable charges as established by medicare fee determination procedures. A person that provides to a patient a service for which aid is provided under this section shall accept the amount paid under this section for the service as payment in full and may not bill the patient for any amount by which the charge for the service exceeds the amount paid for the service under this section. The state may not pay for the cost of travel, lodging, or meals for persons who must travel to receive inpatient and outpatient dialysis treatment for kidney disease. This paragraph shall not apply to donor related costs as defined in par. (b).
SECTION 5. 49.683 (1) of the statutes is amended to read:
49.683 (1) The Subject to s. 49.687 (1m), the department may provide financial assistance for costs of medical care of persons over the age of 18 years with the diagnosis of cystic fibrosis who meet financial requirements established by the department by rule under s. 49.687 (1).
SECTION 6. 49.683 (3) of the statutes is created to read:
49.683 (3) No payment shall be made under this section for any portion of medical care costs that are payable under any state, federal, or other health care coverage program, including a health care coverage program specified by rule under s. 49.687 (1m) (b), or under any grant, contract, or other contractual arrangement.
SECTION 7. 49.685 (6) (b) of the statutes is amended to read:
49.685 (6) (b) Reimbursement shall not be made under this section for any blood products or supplies which that are not purchased from or provided by a comprehensive hemophilia treatment center, or a source approved by the treatment center. Reimbursement shall not be made under this section for any portion of the costs of blood products or supplies which that are payable under any other state or, federal program, or other health care coverage program, including a health care coverage program specified by rule under s. 49.687 (1m) (b), or under any grant, contract and any, or other contractual arrangement.
SECTION 8. 49.687 (title) of the statutes is amended to read:
49.687 (title) Disease aids; patient requirements; rebate agreements; cost containment.
SECTION 9. 49.687 (1m) of the statutes is created to read:
49.687 (1m) (a) A person is not eligible to receive benefits under s. 49.68, 49.683, or 49.685 unless, before the person applies for benefits under s. 49.68, 49.683, or 49.685, the person first applies for benefits under all other health care coverage programs specified by the department by rule under par. (b) for which the person reasonably may be eligible.
(b) The department shall promulgate rules that specify other health care coverage programs for which a person must apply before applying for benefits under s. 49.68, 49.683, or 49.685. The programs specified by rule must include the Medical Assistance program under subch. IV, the Badger Care health care program under s. 49.665, and the prescription drug assistance for elderly persons program under s. 49.688.
(c) Using the procedure under s. 227.24, the department may promulgate rules under par. (b) for the period before the effective date of any permanent rules promulgated under par. (b), but not to exceed the period authorized under s. 227.24 (1) (c) and (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under par. (b) as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to make a finding of emergency for promulgating a rule under par. (b) as an emergency rule.
SECTION 10. 49.687 (4) of the statutes is created to read:
49.687 (4) The department may adopt managed care methods of cost containment for the programs under ss. 49.68, 49.683, and 49.685.
SECTION 9324. Initial applicability; health and family services.
(1) APPLYING FOR CHRONIC DISEASE AIDS PROGRAM. The treatment of sections 49.68 (3) (a) and (d) 1., 49.683 (1), and 49.687 (1m) of the statutes first applies to persons who apply for benefits under section 49.68, 49.683, or 49.685 of the statutes on the effective date of this subsection.
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LRB-0033LRB-0033/P2
PJK:kmg:jf
2003 - 2004 LEGISLATURE
DOA:...... Blaine - BB0005 MA eligibility
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: Medical Assistance eligibility for women diagnosed with certain precancerous conditions.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, DHFS administers Medical Assistance (MA), under which eligible individuals receive health care services. One type of individual who is eligible for MA is a woman who has been screened for breast or cervical cancer under a breast and cervical cancer early detection program authorized under a federal grant, who requires treatment for breast or cervical cancer, who is under 65 years of age, and who is not eligible for health care coverage that qualifies under a federal law as creditable coverage, which generally includes any type of health care coverage.
This bill expands MA eligibility for women that is based on breast or cervical cancer in two ways. First, the criterion that a woman must require treatment for breast or cervical cancer is expanded, in conformity with the interpretation of the Centers for Medicare and Medicaid Services, to include treatment for a precancerous condition of the breast or cervix. Second, the criterion that a woman must be ineligible for creditable coverage, which includes generally any type of health care coverage, is expanded, in conformity with a change in federal law, by excluding from consideration eligibility for a medical care program of the federal Indian Health Service or an American Indian tribal organization. The other requirements related to age and cancer screening remain the same.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.473 (title) of the statutes is amended to read:
49.473 (title) Medical assistance; women diagnosed with breast or cervical cancer or precancerous conditions.
SECTION 2. 49.473 (2) (c) of the statutes is amended to read:
49.473 (2) (c) The woman is not eligible for health care coverage that qualifies as creditable coverage in 42 USC 300gg (c), excluding the coverage specified in 42 USC 300gg (c) (1) (F).
SECTION 3. 49.473 (2) (e) of the statutes is amended to read:
49.473 (2) (e) The woman requires treatment for breast or cervical cancer or for a precancerous condition of the breast or cervix.
SECTION 4. 49.473 (6) (b) of the statutes is amended to read:
49.473 (6) (b) Inform the woman at the of time of the determination that she is required to apply to the department or a county department for medical assistance no later than the last day of the month following the month in which the qualified entity determines that the woman is eligible for medical assistance.
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LRB-0059LRB-0059/2
MJL:kjf&kmg:pg
2003 - 2004 LEGISLATURE
DOA:......Mukasa - BB0243, Providing interpreters in civil cases and regardless of indigence
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Courts, court procedure, and attorneys
Circuit courts
In all criminal proceedings, and in a limited number of civil proceedings, such as those involving children in need of protective services, a circuit court must provide an interpreter for an indigent party or witness who has limited English proficiency. This bill requires the court, in all criminal and civil proceedings, to provide an interpreter for a party or witness who has limited English proficiency, regardless of indigence.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 885.38 (3) (a) (intro.) of the statutes is amended to read:
885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if If the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:
SECTION 9308. Initial applicability; circuit courts.
(1) INTERPRETERS IN CIVIL AND CRIMINAL COURT CASES. The treatment of section 885.38 (3) (a) (intro.) of the statutes first applies to actions commenced on the effective date of this subsection.
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