LRB-1031/1
PJK:wlj:rs
2005 - 2006 LEGISLATURE
February 22, 2005 - Introduced by Representatives Hubler, Vruwink, Kreuser,
Zepnick, Gronemus, Sherman, Berceau, Van Akkeren, Richards, Pocan,
Ainsworth, Musser, Hines, Freese, Hahn, Staskunas, Pope-Roberts,
Shilling, Molepske, Gunderson, Black, Albers, Seidel and Ott, cosponsored
by Senators Jauch, Miller, A. Lasee, Harsdorf, Lassa and Hansen. Referred
to Committee on Health.
AB119,1,9
1An Act to repeal 49.46 (1) (L);
to renumber and amend 49.47 (4) (h);
to amend
249.46 (1) (a) 1., 49.46 (1) (a) 1g., 49.46 (1) (a) 1m., 49.46 (1) (a) 6., 49.46 (1) (a)
39., 49.46 (1) (a) 10., 49.46 (1) (a) 11., 49.46 (1) (a) 12., 49.46 (1) (am) 1. a., 49.46
4(1) (am) 1. b., 49.46 (1) (e), 49.47 (4) (am) 1., 49.47 (4) (am) 2., 49.47 (4) (c) 1.,
549.47 (4) (c) 3., 49.47 (4) (j) and 49.665 (4) (a) 1.; and
to create 49.46 (1) (ar),
649.47 (4) (cg) 3. and 49.665 (4) (d) of the statutes;
relating to: exempting
7amounts claimed for depreciation for purposes of calculating farm and
8self-employment income under the Medical Assistance and Badger Care
9health care programs.
Analysis by the Legislative Reference Bureau
Currently, the Department of Health and Family Services (DHFS) administers
the Medical Assistance (MA) and Badger Care health care (BadgerCare) programs.
Under part of the MA program, DHFS provides health care services and
benefits to individuals who meet the requirements under one of the following MA
eligibility categories:
1. AFDC-MA. Under this category, an individual who meets the nonfinancial
and financial requirements for the federal Aid to Families with Dependent Children
(AFDC) program that were in effect on July 16, 1996, without regard to the
individual's assets, is eligible to receive MA. The AFDC program was replaced with
the federal Temporary Assistance for Needy Families (TANF) program on July 16,
1996. Generally, individuals who qualify under the AFDC-MA category are certain
children under 19 years of age, their caretaker relatives, and pregnant women in the
eighth or ninth month of pregnancy.
2. AFDC-related MA. This category includes certain children under the age
of 19, their caretaker relatives, and pregnant women throughout the entire
pregnancy who meet the income requirements of the AFDC program that were in
effect on July, 16, 1996, without regard to assets, but who would not have received
an AFDC payment. Also eligible under this category are children under the age of
18 and pregnant women whose incomes do not exceed 133.33 percent of the
maximum payment under the AFDC program, and whose assets do not exceed
certain asset limits.
3. Healthy Start. This category includes children between the ages of six and
19 whose incomes do not exceed 100 percent of the federal poverty line, children
under the age of six and pregnant women whose incomes do not exceed 133.33
percent of the federal poverty line, and children under the age of six and pregnant
women whose incomes do not exceed 185 percent of the federal poverty line.
The BadgerCare program provides health care coverage to eligible low-income
children who do not reside with a parent and to eligible low-income families. A child
or family is generally considered low-income if the child's or family's income does not
exceed 185 percent of the poverty line.
Currently, in calculating an individual's income for the MA or BadgerCare
program, if the individual has farm or self-employment income, DHFS calculates
the amount of that income by adding the amount that the individual claimed for
depreciation to the amount of the individual's net taxable income.
This bill prohibits DHFS from adding any amounts claimed for depreciation to
an individual's net taxable farm or self-employment income for purposes of
determining whether an individual meets the income limits for the MA program
under the AFDC-MA, AFDC-related MA, or Healthy Start eligibility categories or
for the BadgerCare 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:
AB119, s. 1
1Section
1. 49.46 (1) (a) 1. of the statutes is amended to read:
AB119,2,42
49.46
(1) (a) 1. Notwithstanding s. 49.19 (20), any individual who, without
3regard to the individual's resources
and subject to par. (ar), would qualify for a grant
4of aid to families with dependent children under s. 49.19.
AB119, s. 2
1Section
2. 49.46 (1) (a) 1g. of the statutes is amended to read:
AB119,3,52
49.46
(1) (a) 1g. Notwithstanding s. 49.19 (20), any individual who, without
3regard to the individual's resources
and subject to par. (ar), would qualify for a grant
4of aid to families with dependent children but who would not receive the aid solely
5because of the application of s. 49.19 (11) (a) 7.
AB119, s. 3
6Section
3. 49.46 (1) (a) 1m. of the statutes is amended to read:
AB119,3,107
49.46
(1) (a) 1m. Any pregnant woman whose income
, determined in
8accordance with par. (ar), does not exceed the standard of need under s. 49.19 (11)
9and whose pregnancy is medically verified. Eligibility continues to the last day of
10the month in which the 60th day after the last day of the pregnancy falls.
AB119, s. 4
11Section
4. 49.46 (1) (a) 6. of the statutes is amended to read:
AB119,3,1512
49.46
(1) (a) 6. Any person not described in pars. (c) to (e) who, without regard
13to the individual's resources
and subject to par. (ar), would be considered, under
14federal law, to be receiving aid to families with dependent children for the purpose
15of determining eligibility for medical assistance.
AB119, s. 5
16Section
5. 49.46 (1) (a) 9. of the statutes is amended to read:
AB119,3,1917
49.46
(1) (a) 9. Any pregnant woman not described under subd. 1., 1g., or 1m.
18whose family income
, determined in accordance with par. (ar), does not exceed
133% 19133 percent of the poverty line for a family the size of the woman's family.
AB119, s. 6
20Section
6. 49.46 (1) (a) 10. of the statutes is amended to read:
AB119,3,2421
49.46
(1) (a) 10. Any child not described under subd. 1. or 1g. who is under 6
22years of age and whose family income
, determined in accordance with par. (ar), does
23not exceed
133% 133 percent of the poverty line for a family the size of the child's
24family.
AB119, s. 7
25Section
7. 49.46 (1) (a) 11. of the statutes is amended to read:
AB119,4,9
149.46
(1) (a) 11. If a waiver under s. 49.665 is granted and in effect, any child
2not described under subd. 1. or 1g. who has attained the age of 6 but has not attained
3the age of 19 and whose family income
, determined in accordance with par. (ar), does
4not exceed
100% 100 percent of the poverty line for a family the size of the child's
5family. If a waiver under s. 49.665 is not granted or in effect, any child not described
6in subd. 1. or 1g. who was born after September 30,1983, who has attained the age
7of 6 but has not attained the age of 19 and whose family income
, determined in
8accordance with par. (ar), does not exceed
100%
100 percent of the poverty line for
9a family the size of the child's family.
AB119, s. 8
10Section
8. 49.46 (1) (a) 12. of the statutes is amended to read:
AB119,4,1311
49.46
(1) (a) 12. Any child not described under subd. 1. or 1g. who is under 19
12years of age and whose income
, determined in accordance with par. (ar), does not
13exceed the standard of need under s. 49.19 (11).
AB119, s. 9
14Section
9. 49.46 (1) (am) 1. a. of the statutes is amended to read:
AB119,4,2015
49.46
(1) (am) 1. a. A pregnant woman whose family income,
determined in
16accordance with par. (ar) and before any income is disregarded under this paragraph,
17does not exceed, in state fiscal year 1994-95,
155%
155 percent of the poverty line
18for a family the size of the woman's family; and, in each state fiscal year after the
191994-95 state fiscal year,
185% 185 percent of the poverty line for a family the size
20of the woman's family.
AB119, s. 10
21Section
10. 49.46 (1) (am) 1. b. of the statutes is amended to read:
AB119,5,222
49.46
(1) (am) 1. b. A child who is under 6 years of age and whose family income,
23determined in accordance with par. (ar) and before any income is disregarded under
24this paragraph, does not exceed, in state fiscal year 1994-95,
155% 155 percent of the
25poverty line for a family the size of the child's family; and, in each state fiscal year
1after the 1994-95 state fiscal year,
185%
185 percent of the poverty line for a family
2the size of the child's family.
AB119, s. 11
3Section
11
. 49.46 (1) (ar) of the statutes is created to read:
AB119,5,134
49.46
(1) (ar) 1. Except as provided in subd. 2. and except to the extent that the
5determination is inconsistent with
42 USC 1396a (a) (17), for purposes of
6determining under par. (a) 1., 1g., or 6. whether an individual would qualify for a
7grant of aid to families with dependent children under s. 49.19 or would be
8considered, under federal law, to be receiving aid to families with dependent
9children, or of determining whether an individual meets the income limits under par.
10(a) 1m., 9., 10., 11., or 12., "income" includes income that would be included in
11determining eligibility for aid to families with dependent children under s. 49.19 and
12excludes income that would be excluded in determining eligibility for aid to families
13with dependent children under s. 49.19.
AB119,5,2014
2. Notwithstanding s. 49.19 (5), for purposes of determining under par. (a) 1.,
151g., or 6. whether an individual would qualify for a grant of aid to families with
16dependent children under s. 49.19 or would be considered, under federal law, to be
17receiving aid to families with dependent children, or of determining whether an
18individual meets the income limits under par. (a) 1m., 9., 10., 11., or 12., (am), or (e),
19the department shall exclude from the calculation of farm or self-employment
20income any amounts claimed for depreciation for income tax purposes.
AB119, s. 12
21Section
12. 49.46 (1) (e) of the statutes is amended to read:
AB119,6,322
49.46
(1) (e) If an application under s. 49.47 (3) shows that the
individual 23individual's income, determined in accordance with par. (ar), meets the income limits
24under s. 49.19
, or
that the individual meets the income and resource requirements
25under federal Title XVI or s. 49.77, or
that the individual is an essential person, an
1accommodated person, or a patient in a public medical institution, the individual
2shall be granted the benefits enumerated under sub. (2) whether or not the
3individual requests or receives a grant of any of such aids.
AB119, s. 13
4Section
13. 49.46 (1) (L) of the statutes is repealed.
AB119, s. 14
5Section
14. 49.47 (4) (am) 1. of the statutes is amended to read:
AB119,6,116
49.47
(4) (am) 1. A pregnant woman whose family income
, determined in
7accordance with par. (cg), does not exceed
155%
155 percent of the poverty line for
8a family the size of the woman's family, except that
, if a waiver under par. (j) or a
9change in the approved state plan under s. 49.46 (1) (am) 2. is in effect, the income
10limit is
185% 185 percent of the poverty line for a family the size of the woman's
11family in each state fiscal year after the 1994-95 state fiscal year.
AB119, s. 15
12Section
15. 49.47 (4) (am) 2. of the statutes is amended to read:
AB119,6,1813
49.47
(4) (am) 2. A child who is under 6 years of age and whose family income
,
14determined in accordance with par. (cg), does not exceed
155% 155 percent of the
15poverty line for a family the size of the child's family, except that
, if a waiver under
16par. (j) or a change in the approved state plan under s. 49.46 (1) (am) 2. is in effect,
17the income limit is
185% 185 percent of the poverty line for a family the size of the
18child's family in each state fiscal year after the 1994-95 state fiscal year.
AB119, s. 16
19Section
16. 49.47 (4) (c) 1. of the statutes is amended to read:
AB119,6,2520
49.47
(4) (c) 1. Except as provided in par. (am) and as limited by subd. 3.,
21eligibility exists if income
, determined in accordance with par. (cg), does not exceed
22133 1/3% 133 1/3 percent of the maximum aid to families with dependent children
23payment under s. 49.19 (11) for the applicant's family size or the combined benefit
24amount available under supplemental security income under
42 USC 1381 to
1383c 25and state supplemental aid under s. 49.77
, whichever is higher.
In this subdivision
AB119,7,8
1(cg) 1. Except as provided in subd. 3., for purposes of determining whether an
2individual's income meets the income requirements under par. (c), "income" includes
3earned or unearned income that would be included in determining eligibility for the
4individual or family under s. 49.19 or 49.77, or for the aged, blind
, or disabled under
542 USC 1381 to
1385. "Income" does not include
and excludes earned or unearned
6income
which that would be excluded in determining eligibility for the individual or
7family under s. 49.19 or 49.77, or for the aged, blind
, or disabled individual under
42
8USC 1381 to
1385.
AB119, s. 17
9Section
17. 49.47 (4) (c) 3. of the statutes is amended to read:
AB119,7,1310
49.47
(4) (c) 3. Except as provided in par. (am), no person is eligible for medical
11assistance under this section if the person's income
, determined in accordance with
12par. (cg), exceeds the maximum income levels that the U.S. department of health and
13human services sets for federal financial participation under
42 USC 1396b (f).
AB119, s. 18
14Section
18
. 49.47 (4) (cg) 3. of the statutes is created to read: