AB100: Bill Text Engrossed

****Note: This is reconciled s. 49.175 (1) (ze) 10m. This Section has been affected by drafts with the following LRB numbers: LRB-0277 and -1662.

AB100-engrossed, s. 1105 Section 1105. 49.175 (1) (ze) 12. of the statutes is amended to read:

AB100-engrossed,501,15 49.175 (1) (ze) 12. `Milwaukee and statewide child welfare administration.' For the costs associated with the Milwaukee child welfare information system and the Wisconsin statewide automated child welfare information system, $1,695,700 $1,310,800 in fiscal year 2003-04 2005-06 and $1,741,300 $1,317,700 in fiscal year 2004-05 2006-07.

****Note: This is reconciled s. 49.175 (1) (ze) 12. This Section has been affected by drafts with the following LRB numbers: LRB-0277 and -1662.

AB100-engrossed, s. 1106 Section 1106. 49.175 (1) (zh) of the statutes is amended to read:

AB100-engrossed,501,21 49.175 (1) (zh) Taxable years 1999 and thereafter Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.445 (3) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $57,892,000 in fiscal year 2003-04 and $59,532,000 $59,532,000 in each fiscal year 2004-05.

AB100-engrossed, s. 1107 Section 1107. 49.175 (1) (zj) of the statutes is repealed.

AB100-engrossed, s. 1108 Section 1108. 49.175 (1) (zL) of the statutes is renumbered 115.28 (35) and amended to read:

AB100-engrossed,502,7 115.28 (35) English for Southeast Asian children. To Annually pay to the school board of the Wausau school district for English training instruction for 3-year-old, 4-year-old and 5-year-old Southeast Asian children, $100,000 in each fiscal year the amount appropriated under s. 20.255 (2) (ce).

AB100-engrossed, s. 1109 Section 1109. 49.175 (1) (zn) of the statutes is repealed.

AB100-engrossed, s. 1110 Section 1110. 49.195 (3m) (b) of the statutes is amended to read:

AB100-engrossed,502,19 49.195 (3m) (b) The clerk of circuit court shall accept, file, and enter the each warrant under par. (a) and each satisfaction, release, or withdrawal under par. (d), (e), (g), or (h) in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk of circuit court and the department. The department shall pay the fees, but shall add the fees provided by s. 814.61 (5) for entering the warrants to the amount of the warrant and shall collect the fees from the person named in the warrant when satisfaction or release is presented for entry.

AB100-engrossed, s. 1111 Section 1111. 49.195 (3m) (h) of the statutes is amended to read:

AB100-engrossed,502,25 49.195 (3m) (h) If the department arranges a payment schedule with the debtor and the debtor complies with the payment schedule, the department shall may issue a notice of withdrawal of the warrant to the clerk of circuit court for the county in which the warrant is filed. The If the department issues a notice of withdrawal of the warrant, the clerk shall void the warrant and the resulting liens.

AB100-engrossed, s. 1112 Section 1112. 49.195 (3n) (p) of the statutes is amended to read:

AB100-engrossed,503,4 49.195 (3n) (p) A levy is effective from the date on which the levy is first served on the 3rd party until the liability out of which the levy arose is satisfied, or until the levy is released or until one year from the date of service, whichever occurs first.

AB100-engrossed, s. 1113 Section 1113. 49.195 (3n) (t) of the statutes is amended to read:

AB100-engrossed,503,9 49.195 (3n) (t) Any 3rd party is entitled to a levy fee of $5 for each levy in any case where in which property is secured through the levy. The If the 3rd party retains the fee, the 3rd party shall increase the levy amount by the amount of the fee and deduct the fee from the proceeds of the levy.

AB100-engrossed, s. 1114 Section 1114. 49.197 (1m) of the statutes is amended to read:

AB100-engrossed,504,3 49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3) (dz), (kx), (L), (md), (n), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin works Works program under ss. 49.141 to 49.161, and, if the department of health and family services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV and, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin works Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

AB100-engrossed, s. 1115 Section 1115. 49.197 (3) of the statutes is amended to read:

AB100-engrossed,504,12 49.197 (3) State error reduction activities. The department shall conduct activities to reduce payment errors in Wisconsin works Works under ss. 49.141 to 49.161 and, if the department of health and family services contracts with the department under sub. (5), the medical assistance Medical Assistance program under subch. IV and, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665.

AB100-engrossed, s. 1116 Section 1116. 49.197 (4) of the statutes is amended to read:

AB100-engrossed,504,23 49.197 (4) County and tribal error reduction. If the department of health and family services contracts with the department under sub. (5), the department shall provide funds from the appropriation under s. 20.445 (3) (kx) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance Medical Assistance under subch. IV or, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665 to offset administrative costs of reducing payment errors in those programs.

AB100-engrossed, s. 1117 Section 1117. 49.197 (5) of the statutes is amended to read:

AB100-engrossed,505,14 49.197 (5) Contracts for medical assistance and, food stamps , supplemental security income, and caretaker supplement. The Notwithstanding s. 49.845 (1) and (2), the department of health and family services may contract with the department to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV or recipients of, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665 and to conduct activities to reduce payment errors in the Medical Assistance program under subch. IV, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665, as provided in this section.

AB100-engrossed, s. 1118 Section 1118. 49.22 (1) of the statutes is amended to read:

AB100-engrossed,506,5 49.22 (1) There is created a child and spousal support and establishment of paternity and medical liability support liability program in the department. The purpose of this program is to establish paternity when possible, to establish or modify support obligations, to enforce support obligations owed by parents to their children and maintenance obligations owed to spouses or former spouses with whom the children reside in this state or owed in other states if the support order was issued in this state or owed in other states if the parent, spouse, or former spouse resides in this state, to locate persons who are alleged to have taken their child in violation of s. 948.31 or of similar laws in other states, and to locate and value property of any person having a support duty. To accomplish the objectives of this program and of other assistance programs under this chapter, county and state agencies will cooperate with one another to implement a child and spousal support and paternity establishment and medical support liability program in accordance with state and federal laws, regulations, and rules and to assure proper distribution of benefits of all assistance programs authorized under this chapter.

AB100-engrossed, s. 1119 Section 1119. 49.36 (2) of the statutes is amended to read:

AB100-engrossed,506,15 49.36 (2) The department may contract with any county, tribal governing body, or Wisconsin works Works agency to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193, 1997 stats., or s. 49.147 (3) or (4). The program may also include job search and job orientation activities. The department shall fund the program from the appropriation appropriations under s. 20.445 (3) (dz) and (k).

AB100-engrossed, s. 1120 Section 1120. 49.45 (2) (a) 3m. of the statutes is repealed.

AB100-engrossed, s. 1124 Section 1124. 49.45 (3) (i) of the statutes is repealed.

AB100-engrossed, s. 1124g Section 1124g. 49.45 (3) (m) of the statutes is created to read:

AB100-engrossed,506,22 49.45 (3) (m) Reimbursement for services provided by a health maintenance organization, as defined in s. 609.01 (2), with a contract under sub. (2) (b) 2. to provide health care to recipients of Medical Assistance or Badger Care, shall be made under capitation rates that are actuarially sound.

AB100-engrossed, s. 1125s Section 1125s. 49.45 (6m) (a) 6. of the statutes is created to read:

AB100-engrossed,507,2 49.45 (6m) (a) 6. "Resource Utilization Groupings III" means a comparative resource utilization grouping that classifies each facility resident based on information obtained from performing, for the resident, a minimum data set assessment developed by the federal Centers for Medicare and Medicaid Services.

AB100-engrossed, s. 1128m Section 1128m. 49.45 (6m) (ag) 3p. of the statutes is created to read:

AB100-engrossed,507,5 49.45 (6m) (ag) 3p. For all costs specified under par. (am) 1. bm., an acuity-based payment rate system to which all of the following applies:

AB100-engrossed,507,8 a. The system shall incorporate acuity measurements under the most recent Resource Utilization Groupings III methodology to determine factors for case-mix adjustment.

AB100-engrossed,507,12 b. Four times annually, for each facility resident who is a Medical Assistance recipient on March 31, June 30, September 30, or December 31, as applicable, the system shall determine the average case-mix index by use of the factors specified under subd. 3p. a.

AB100-engrossed,507,14 c. The system shall incorporate payment adjustments for dementia, behavioral needs, or other complex medical conditions.

AB100-engrossed,507,15 d. The system may include incentives for providing high quality of care.

AB100-engrossed,507,18 e. The system shall identify the extent to which payment is made to facilities, under the system, for facilities' direct care nursing costs allowable under Medical Assistance.

AB100-engrossed, s. 1132f Section 1132f. 49.45 (6m) (m) of the statutes is created to read:

AB100-engrossed,507,22 49.45 (6m) (m) The department may not use the criteria for functional eligibility specified in s. 46.286 (1) (a) to determine rates of payment to facilities under this subsection.

AB100-engrossed, s. 1133 Section 1133. 49.45 (6t) of the statutes, as affected by 2003 Wisconsin Act 318, is repealed.

AB100-engrossed, s. 1135c Section 1135c. 49.45 (6x) (title) of the statutes is amended to read:

AB100-engrossed,508,1 49.45 (6x) (title) Funding for essential access city hospital hospitals.

AB100-engrossed, s. 1135d Section 1135d. 49.45 (6x) (a) of the statutes is amended to read:

AB100-engrossed,508,8 49.45 (6x) (a) Notwithstanding sub. (3) (e), from the appropriation accounts under s. 20.435 (4) (b), (gp), (o), and (w), the department shall distribute not more than $4,748,000 in each fiscal year, to provide funds to an essential access city hospital hospitals, except that the department may not allocate funds to an essential access city hospital to the extent that the allocation would exceed any limitation under 42 USC 1396b (i) (3).

AB100-engrossed, s. 1135e Section 1135e. 49.45 (6x) (b) of the statutes is amended to read:

AB100-engrossed,508,18 49.45 (6x) (b) The department shall develop procedures for solicitation and review of requests for funds and a method to distribute the funds under par. (a) to an individual hospital hospitals that shall include establishment of criteria for the designation as an essential access city hospital. Beginning on July 1, 2007, the criteria established by the department may not include reference to criteria that were required to have been met during July 1, 1995, to June 30, 1996, but shall include the requirement that more than 30 percent of a hospital's total inpatient days are reimbursable under Medical Assistance. No hospital that qualifies for a Medical Assistance pediatric inpatient supplement is eligible for funds under this subsection.

AB100-engrossed, s. 1144p Section 1144p. 49.45 (18) (ag) 1. of the statutes is amended to read:

AB100-engrossed,508,21 49.45 (18) (ag) 1. A copayment of $1 $3 for each prescription of a drug that bears only a generic name, as defined in s. 450.12 (1) (b).

AB100-engrossed, s. 1146j Section 1146j. 49.45 (27) of the statutes is amended to read:

AB100-engrossed,509,2 49.45 (27) Eligibility of aliens. A person who is not a U.S. citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law may not receive medical assistance benefits except as provided under 8 USC 1255a (h) (3) or 42 USC 1396b (v), subject to s. 49.46 (2) (f).

AB100-engrossed, s. 1147 Section 1147. 49.45 (39) (b) 1. of the statutes is amended to read:

AB100-engrossed,510,11 49.45 (39) (b) 1. `Payment for school medical services.' If a school district or a cooperative educational service agency elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the school district or the cooperative educational service agency for 60% of the federal share of allowable charges for the school medical services that it provides and, as specified in subd. 2., for allowable administrative costs. If the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the department of public instruction for 60% of the federal share of allowable charges for the school medical services that the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing provides and, as specified in subd. 2., for allowable administrative costs. A school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, claims for common carrier transportation costs as a school medical service unless the department receives notice from the federal health care financing administration that, under a change in federal policy, the claims are not allowed. If the department receives the notice, a school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, unreimbursed claims for common carrier transportation costs incurred before the date of the change in federal policy. The department shall promulgate rules establishing a methodology for making reimbursements under this paragraph. Except as provided in subd. 1m., all All other expenses for the school medical services provided by a school district or a cooperative educational service agency shall be paid for by the school district or the cooperative educational service agency with funds received from state or local taxes. The school district, the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the cooperative educational service agency shall comply with all requirements of the federal department of health and human services for receiving federal financial participation.

AB100-engrossed, s. 1148 Section 1148. 49.45 (39) (b) 1m. of the statutes is repealed.

AB100-engrossed, s. 1149 Section 1149. 49.45 (39) (b) 2. of the statutes is amended to read:

AB100-engrossed,510,23 49.45 (39) (b) 2. `Payment for school medical services administrative costs.' The department shall reimburse a school district or a cooperative educational service agency specified under subds. subd. 1. and 1m. and shall reimburse the department of public instruction on behalf of the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing for 90% of the federal share of allowable administrative costs, using time studies, beginning in fiscal year 1999-2000. A school district or a cooperative educational service agency may submit, and the department of health and family services shall allow, claims for administrative costs incurred during the period that is up to 24 months before the date of the claim, if allowable under federal law.

AB100-engrossed, s. 1149f Section 1149f. 49.45 (42m) of the statutes is created to read:

AB100-engrossed,511,7 49.45 (42m) Physical and occupational therapy. (a) If, in authorizing the provision of physical or occupational therapy services under s. 49.46 (2) (b) 6. b., the department authorizes a reduced duration of services from the duration that the provider specifies in the authorization request, the department shall substantiate the reduction that the department made in the duration of the services if the provider of the services requests any additional authorizations for the provision of physical or occupational therapy services to the same individual.

AB100-engrossed,511,11 (b) The division of the department that is responsible for health care financing shall monitor compliance with the requirement under par. (a) in concert with representatives of the Wisconsin Physical Therapy Association and the Wisconsin Occupational Therapy Association.

AB100-engrossed, s. 1150 Section 1150. 49.46 (1) (a) 5. of the statutes is amended to read:

AB100-engrossed,511,15 49.46 (1) (a) 5. Any child in an adoption assistance, foster care, kinship care, long-term kinship care or, treatment foster care, or subsidized guardianship placement under ch. 48 or 938, as determined by the department.

AB100-engrossed, s. 1153 Section 1153. 49.46 (1) (a) 14. of the statutes is amended to read:

AB100-engrossed,511,22 49.46 (1) (a) 14. Any person who would meet the financial and other eligibility requirements for home or community-based services under s. 46.27 (11) or, 46.277, or 46.2785 but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3), if a waiver under s. 49.45 (38) is in effect or federal law permits federal financial participation for medical assistance coverage of the person and if funding is available for the person under s. 46.27 (11) or, 46.277, or 46.2785.

AB100-engrossed, s. 1154 Section 1154. 49.46 (1) (a) 15. of the statutes is amended to read:

AB100-engrossed,512,3 49.46 (1) (a) 15. Any individual who is infected with tuberculosis and meets the income and resource eligibility requirements for the federal supplemental security Supplemental Security Income program under 42 USC 1381 to 1383d.

AB100-engrossed, s. 1157 Section 1157. 49.46 (2) (b) 8. of the statutes is amended to read:

AB100-engrossed,512,8 49.46 (2) (b) 8. Home or community-based services, if provided under s. 46.27 (11), 46.275, 46.277 or, 46.278, or 46.2785, under the family care benefit if a waiver is in effect under s. 46.281 (1) (c), or under a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c).

AB100-engrossed, s. 1157j Section 1157j. 49.46 (2) (f) of the statutes is amended to read:

AB100-engrossed,512,14 49.46 (2) (f) Benefits under this subsection or s. 49.45 (27) may not include payment for gastric bypass surgery or gastric stapling surgery unless it is performed because of a medical emergency the procedure is required to be covered under federal medicaid law, as interpreted by the federal centers for medicare and medicaid services.

AB100-engrossed, s. 1158 Section 1158. 49.47 (4) (as) 1. of the statutes is amended to read:

AB100-engrossed,512,20 49.47 (4) (as) 1. The person would meet the financial and other eligibility requirements for home or community-based services under s. 46.27 (11) or, 46.277, or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1) (c) but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3).

AB100-engrossed, s. 1159 Section 1159. 49.47 (4) (as) 3. of the statutes is amended to read:

AB100-engrossed,512,24 49.47 (4) (as) 3. Funding is available for the person under s. 46.27 (11) or, 46.277, or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1) (c).

AB100-engrossed, s. 1167 Section 1167. 49.497 (title) of the statutes is amended to read:

AB100-engrossed,513,2 49.497 (title) Recovery of incorrect medical assistance Medical Assistance or Badger Care payments.

AB100-engrossed, s. 1168 Section 1168. 49.497 (1) of the statutes is renumbered 49.497 (1) (a) (intro.) and amended to read:

AB100-engrossed,513,7 49.497 (1) (a) (intro.) The department may recover any payment made incorrectly for benefits specified under s. 49.46, 49.468 or 49.47 provided under this subchapter or s. 49.665 if the incorrect payment results from any of the following:

AB100-engrossed,513,9 1. A misstatement or omission of fact by a person supplying information in an application for benefits under s. 49.46, 49.468 or 49.47 this subchapter or s. 49.665.

AB100-engrossed,513,13 2. The department may also recover if a medical assistance failure of a Medical Assistance or Badger Care recipient or any other person responsible for giving information on the recipient's behalf fails to report the receipt of income or assets in an amount that would have affected the recipient's eligibility for benefits.

AB100-engrossed,513,20 (b) The department's right of recovery is against any medical assistance Medical Assistance or Badger Care recipient to whom or on whose behalf the incorrect payment was made. The extent of recovery is limited to the amount of the benefits incorrectly granted. The county department under s. 46.215 or 46.22 or the governing body of a federally recognized American Indian tribe administering medical assistance Medical Assistance or Badger Care shall begin recovery actions on behalf of the department according to rules promulgated by the department.

AB100-engrossed, s. 1169 Section 1169. 49.497 (1) (a) 3. of the statutes is created to read:

AB100-engrossed,514,2 49.497 (1) (a) 3. The failure of a Medical Assistance or Badger Care recipient or any other person responsible for giving information on the recipient's behalf to report any change in the recipient's financial or nonfinancial situation or eligibility characteristics that would have affected the recipient's eligibility for benefits or the recipient's cost-sharing requirements.

AB100-engrossed, s. 1170 Section 1170. 49.497 (1m) of the statutes is created to read:

AB100-engrossed,514,13 49.497 (1m) (a) If, after notice that an incorrect payment was made, a recipient, or parent of a minor recipient, who is liable for repayment of an incorrect payment fails to repay the incorrect payment or enter into, or comply with, an agreement for repayment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at hearing shall be the determination by the department that the person has not repaid the incorrect payment or entered into, or complied with, an agreement for repayment.