(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.
(End)
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.
(End)
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.
(End)
LRB-0090LRB-0090/P1
RLR:jld:jf
2003 - 2004 LEGISLATURE
DOA:......Blaine - BB0008 CIP II enhanced rate for persons relocated from nursing homes
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: enhanced reimbursement for services provided to persons relocated from nursing homes under the Community Integration Program.
Analysis by the Legislative Reference Bureau
health and human services
Medical Assistance
Currently, DHFS administers the Community Integration Program (CIP II), under which counties provide home and community-based care services to elderly or physically disabled people living in the community who are eligible for Medical Assistance and who meet the level of care requirements for a nursing home or intermediate care facility. A person may enroll in CIP II either upon leaving institutional care or as an alternative to entering institutional care. DHFS is required to establish a uniform daily rate for CIP II and reimburse counties up to that rate for each person enrolled in CIP II.
This bill allows DHFS to pay counties an enhanced daily rate for CIP II participants who enroll in CIP II upon leaving a nursing home if the nursing home bed utilized by the person is delicensed when the person leaves. The bill requires that DHFS develop and utilize a formula for determining the enhanced rate.
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. 46.277 (5) (g) of the statutes is created to read:
46.277 (5) (g) The department may provide enhanced reimbursement for services provided under this section to an individual who is relocated to the community from a nursing home by a county department on or after the effective date of this paragraph .... [revisor inserts date], if the nursing home bed that was used by the individual is delicensed upon relocation of the individual. The department shall develop and utilize a formula to determine the enhanced reimbursement rate.
(End)
LRB-0092LRB-0092/P1
RLR:kjf&jld:pg
2003 - 2004 LEGISLATURE
DOA:......Blaine - BB0010 COP and COP-W carry-over amount
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: county carry-over of Long-Term Support Community Options Program funds.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Currently, under the Long-Term Support Community Options Program (COP), DHFS allocates funding to counties to provide community-based support services to people who would otherwise require care in an institution. Under COP, counties may provide services to the elderly, people who have a physical or developmental disability, people who are chronically mentally ill or chemically dependent, or people who have Alzheimer's disease. Counties must use COP funds to serve at least a minimum number of people from each of these client groups in accordance with a formula that is established by DHFS. Each year a county may set aside the lesser of up to 10% of its COP allocation or $750,000 in a risk reserve escrow fund and may subsequently use the risk reserve funds to provide COP services; to fund certain activities under the Family Care program; or, with DHFS approval, to fund administrative or staff costs under COP. A county may also carry forward to the next fiscal year up to 10% of its annual COP allocation, minus any amount set aside for risk reserve. The county must expend any amount that is carried forward for COP services or, with approval from DHFS, for certain COP administrative or staff costs. The formula for distributing COP service funds among the various COP client groups does not apply to the expenditure of COP funds that are carried forward.
This bill limits the amount of COP funds that a county may carry forward to 5% of the county's COP allocation minus any amount set aside for risk reserve, beginning with funds carried forward from calendar year 2004 to calendar year 2005.
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. 46.27 (7) (fm) of the statutes is amended to read:
46.27 (7) (fm) The department shall, at the request of a county, carry forward up to 10% 5% of the amount allocated under this subsection to the county for a calendar year if up to 10% 5% of the amount so allocated has not been spent or encumbered by the county by December 31 of that year, for use by the county in the following calendar year, except that the amount carried forward shall be reduced by the amount of funds that the county has notified the department that the county wishes to place in a risk reserve under par. (fr). The department may transfer funds within s. 20.435 (7) (bd) to accomplish this purpose. An allocation under this paragraph does not affect a county's base allocation under this subsection and shall lapse to the general fund unless expended within the calendar year to which the funds are carried forward. A county may not expend funds carried forward under this paragraph for administrative or staff costs, except administrative or staff costs that are associated with implementation of the waiver under sub. (11) and approved by the department.
SECTION 9324. Initial applicability; health and family services.
(1) LONG-TERM SUPPORT COMMUNITY OPTIONS PROGRAM COUNTY CARRY-OVER. The treatment of section 46.27 (7) (fm) of the statutes first applies to funds carried forward from calendar year 2004 to calendar year 2005.
SECTION 9424. Effective dates; health and family services.
(1) LONG-TERM SUPPORT COMMUNITY OPTIONS PROGRAM COUNTY CARRY-OVER. The treatment of section 46.27 (7) (fm) of the statutes and SECTION 9324 (1) of this act take effect on January 1, 2004.
(End)
LRB-0093LRB-0093/P2
RLR&DAK:kjf&jld:rs
2003 - 2004 LEGISLATURE
DOA:......Blaine - BB0011 Family care entitlement; non-MA eligible persons
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: entitlement to the family care benefit.
Analysis by the Legislative Reference Bureau
health and human services
Long-term care
Currently, under Family Care, a program of financial assistance in providing long-term care and support items, a person is eligible for, but not necessarily entitled to, the family care benefit if he or she is at least 18 years old, has a physical disability or the infirmities of aging, fulfills any applicable cost-sharing requirements, meets financial criteria, and meets any of several criteria relating to functionality. DHFS is authorized to determine the date on which these functionality criteria first apply to applicants for the family care benefit who are not recipients of medical assistance, but the date may not be later than January 1, 2004.
This bill changes the date that DHFS is authorized to determine for applying functionality criteria under the Family Care program to family care benefit applicants who are not medical assistance recipients. Under the bill, the date must be not later than January 1, 2006, but, before the determined date, persons who are not eligible for medical assistance may receive the family care benefit within the limits of state funds appropriated for this purpose and available federal funds.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
