SB40-CSA1,708,2424 4. The financial resources of the parents.
SB40-CSA1,709,3
15. The earning capacity of each parent, based on each parent's education,
2training, and work experience and based on the availability of work in or near the
3parent's community.
SB40-CSA1,709,44 6. The need and capacity of the child for education, including higher education.
SB40-CSA1,709,55 7. The age of the child.
SB40-CSA1,709,66 8. The financial resources and the earning ability of the child.
SB40-CSA1,709,87 9. The needs of any person, including dependent children other than the child,
8whom either parent is legally obligated to support.
SB40-CSA1,709,149 10. The best interests of the child, including, but not limited to, the impact on
10the child of expenditures by the family for improvement of any conditions in the home
11that would facilitate the reunification of the child with the child's family, if
12appropriate, and the importance of a placement that is the least restrictive of the
13rights of the child and the parents and the most appropriate for meeting the needs
14of the child and the family.
SB40-CSA1,709,1515 11. Any other factors that the court in each case determines are relevant.
SB40-CSA1,709,2316 (cm) 1. Except as provided in subd. 2., if a parent who is required to pay child
17support under par. (b) or (c) is receiving adoption assistance under s. 48.975 for the
18child for whom support is ordered, the amount of the child support payments
19determined under par. (b) or (c) may not exceed the amount of the adoption assistance
20maintenance payments under s. 48.975 (3) (a). If an agreement under s. 48.975 (4)
21is in effect that provides for a payment of $0 under s. 48.975 (3) (a), the payment of
22$0 shall be considered to be an adoption assistance maintenance payment for
23purposes of this subdivision.
SB40-CSA1,710,324 2. Subdivision 1. does not apply if, after considering the factors under par. (c)
251. to 11., the court finds by the greater weight of the credible evidence that limiting

1the amount of the child support payments to the amount of the adoption assistance
2maintenance payments under s. 48.975 (3) (a) is unfair to the child or to either of the
3parents.
SB40-CSA1,710,104 (d) If the court finds under par. (c) that use of the percentage standard is unfair
5to the minor child or either of the parents, the court shall state in writing or on the
6record the amount of support that would be required by using the percentage
7standard, the amount by which the court's order deviates from that amount, its
8reasons for finding that use of the percentage standard is unfair to the child or the
9parent, its reasons for the amount of the modification, and the basis for the
10modification.
SB40-CSA1,710,1811 (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) (a), or 48.363 (2)
12for support determined under this subsection constitutes an assignment of all
13commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or
14108, and other money due or to be due in the future to the county department under
15s. 46.22 or 46.23 in the county where the order was entered or to the department,
16depending upon the placement of the child as specified by rules promulgated under
17subd. 5. The assignment shall be for an amount sufficient to ensure payment under
18the order.
SB40-CSA1,710,2219 2. Except as provided in subd. 3., for each payment made under the assignment,
20the person from whom the payer under the order receives money shall receive an
21amount equal to the person's necessary disbursements, not to exceed $3, which shall
22be deducted from the money to be paid to the payer.
SB40-CSA1,711,223 3. Benefits under ch. 108 may be assigned and withheld only in the manner
24provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 shall be for
25an amount certain. When money is to be withheld from these benefits, no fee may

1be deducted from the amount withheld and no fine may be levied for failure to
2withhold the money.
SB40-CSA1,711,113 4. No employer may use an assignment under this paragraph as a basis for the
4denial of employment to a person, the discharge of an employee, or any disciplinary
5action against an employee. An employer who denies employment or discharges or
6disciplines an employee in violation of this subdivision may be fined not more than
7$500 and may be required to make full restitution to the aggrieved person, including
8reinstatement and back pay. Except as provided in this subdivision, restitution shall
9be in accordance with s. 973.20. An aggrieved person may apply to the district
10attorney or to the department of workforce development for enforcement of this
11subdivision.
SB40-CSA1,711,1312 5. The department shall promulgate rules for the operation and
13implementation of assignments under this paragraph.
SB40-CSA1,711,1914 (f) If the amount of the child support determined under this subsection is
15greater than the cost for the care and maintenance of the minor child in the
16residential, nonmedical facility, the assignee under par. (e) 1. shall expend or
17otherwise dispose of any funds that are collected in excess of the cost of such care and
18maintenance in a manner that the assignee determines will serve the best interests
19of the minor child.
SB40-CSA1,712,3 20(16) The department shall delegate to county departments under ss. 46.22 and
2146.23 or the local providers of care and services meeting the standards established
22by the department under s. 49.34 the responsibilities vested in the department under
23this section for collection of fees for services other than those provided at state
24facilities, if the county departments or providers meet the conditions that the
25department determines are appropriate. The department may delegate to county

1departments under ss. 46.22 and 46.23 the responsibilities vested in the department
2under this section for collection of fees for services provided at the state facilities if
3the necessary conditions are met.
SB40-CSA1, s. 1508 4Section 1508. 49.35 (1) (a) of the statutes is amended to read:
SB40-CSA1,712,105 49.35 (1) (a) The department shall supervise the administration of programs
6under this subchapter and ch. 48. The department shall submit to the federal
7authorities state plans for the administration of programs under this subchapter and
8ch. 48
in such form and containing such information as the federal authorities
9require, and shall comply with all requirements prescribed to ensure their
10correctness.
SB40-CSA1, s. 1509 11Section 1509. 49.35 (1) (b) of the statutes is amended to read:
SB40-CSA1,712,1912 49.35 (1) (b) All records of the department and all county records relating to
13programs under this subchapter and ch. 48 and aid under s. 49.18, 1971 stats., s.
1449.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973,
15shall be open to inspection at all reasonable hours by authorized representatives of
16the federal government. Notwithstanding ss. 48.396 (2) and 938.396 (2), all county
17records relating to the administration of the services and public assistance specified
18in this paragraph shall be open to inspection at all reasonable hours by authorized
19representatives of the department.
SB40-CSA1, s. 1510 20Section 1510. 49.35 (2) of the statutes is amended to read:
SB40-CSA1,712,2321 49.35 (2) The county administration of all laws relating to programs under this
22subchapter and ch. 48 shall be vested in the officers and agencies designated in the
23statutes.
SB40-CSA1, s. 1511 24Section 1511. 49.36 (2) of the statutes is amended to read:
SB40-CSA1,713,9
149.36 (2) The department may contract with any county, tribal governing body,
2or Wisconsin Works agency to administer a work experience and job training
3program for parents who are not custodial parents and who fail to pay child support
4or to meet their children's needs for support as a result of unemployment or
5underemployment. The program may provide the kinds of work experience and job
6training services available from the program under s. 49.193, 1997 stats., or s. 49.147
7(3), (3m), or (4). The program may also include job search and job orientation
8activities. The department shall fund the program from the appropriations under
9s. 20.445 (3) (dz) and (k).
SB40-CSA1, s. 1512 10Section 1512 . 49.36 (2) of the statutes, as affected by 2007 Wisconsin Act ....
11(this act), is amended to read:
SB40-CSA1,713,2012 49.36 (2) The department may contract with any county, tribal governing body,
13or Wisconsin Works agency to administer a work experience and job training
14program for parents who are not custodial parents and who fail to pay child support
15or to meet their children's needs for support as a result of unemployment or
16underemployment. The program may provide the kinds of work experience and job
17training services available from the program under s. 49.193, 1997 stats., or s. 49.147
18(3), (3m), or (4). The program may also include job search and job orientation
19activities. The department shall fund the program from the appropriations under
20s. 20.445 (3) 20.437 (2) (dz) and (k).
SB40-CSA1, s. 1513 21Section 1513. 49.45 (2) (a) 1. of the statutes is amended to read:
SB40-CSA1,713,2422 49.45 (2) (a) 1. Exercise responsibility relating to fiscal matters, the eligibility
23for benefits under standards set forth in ss. 49.46 to 49.47 49.471, and general
24supervision of the medical assistance program.
SB40-CSA1, s. 1514 25Section 1514. 49.45 (2) (a) 3. of the statutes is amended to read:
SB40-CSA1,714,5
149.45 (2) (a) 3. Determine the eligibility of persons for medical assistance,
2rehabilitative, and social services under ss. 49.46, 49.468, and 49.47, and 49.471 and
3rules and policies adopted by the department and may, under a contract under s.
449.78 (2), delegate all, or any portion, of this function to the county department under
5s. 46.215, 46.22, or 46.23 or a tribal governing body.
SB40-CSA1, s. 1516 6Section 1516. 49.45 (2) (b) 3. of the statutes is amended to read:
SB40-CSA1,714,87 49.45 (2) (b) 3. Audit all claims filed by any contractor making the payment of
8benefits paid under ss. 49.46 to 49.47 49.471 and make proper fiscal adjustments.
SB40-CSA1, s. 1517 9Section 1517. 49.45 (2) (b) 7. (intro.) of the statutes is amended to read:
SB40-CSA1,714,2210 49.45 (2) (b) 7. (intro.) Require, as a condition of certification under par. (a) 11.,
11all providers of a specific service that is among those enumerated under s. 49.46 (2)
12or, 49.47 (6) (a), or 49.471 (11), as specified in this subdivision, to file with the
13department a surety bond issued by a surety company licensed to do business in this
14state. Providers subject to this subdivision provide those services specified under s.
1549.46 (2) or, 49.47 (6) (a), or 49.471 (11) for which providers have demonstrated
16significant potential to violate s. 49.49 (1) (a), (2) (a) or (b), (3), (3m) (a), (3p), (4) (a),
17or (4m) (a), to require recovery under par. (a) 10., or to need additional sanctions
18under par. (a) 13. The surety bond shall be payable to the department in an amount
19that the department determines is reasonable in view of amounts of former
20recoveries against providers of the specific service and the department's costs to
21pursue those recoveries. The department shall promulgate rules to implement this
22subdivision that specify all of the following:
SB40-CSA1, s. 1518 23Section 1518. 49.45 (3) (ag) of the statutes is amended to read:
SB40-CSA1,715,3
149.45 (3) (ag) Reimbursement shall be made to each entity contracted with
2under s. 46.281 (1) (e) 46.283 (2) for functional screens screenings performed by the
3entity.
SB40-CSA1, s. 1519 4Section 1519. 49.45 (3) (b) 1. of the statutes is amended to read:
SB40-CSA1,715,115 49.45 (3) (b) 1. The contractor, if any, administering benefits or providing
6prepaid health care under s. 49.46, 49.465, 49.468 or , 49.47, or 49.471 shall be
7entitled to payment from the department for benefits so paid or prepaid health care
8so provided or made available when a certification of eligibility is properly on file
9with the contractor in addition to the payment of administrative expense incurred
10pursuant to the contract and as provided in sub. (2) (a) 4., but the contractor shall
11not be reimbursed for benefits erroneously paid where no certification is on file.
SB40-CSA1, s. 1520 12Section 1520. 49.45 (3) (b) 2. of the statutes is amended to read:
SB40-CSA1,715,1613 49.45 (3) (b) 2. The contractor, if any, insuring benefits under s. 49.46, 49.465,
1449.468 or, 49.47, or 49.471 shall be entitled to receive a premium, in an amount and
15on terms agreed, for such benefits for the persons eligible to receive them and for its
16services as insurer.
SB40-CSA1, s. 1521 17Section 1521. 49.45 (3) (dm) of the statutes is amended to read:
SB40-CSA1,715,2318 49.45 (3) (dm) After distribution of computer software has been made under
191993 Wisconsin Act 16, section 9126 (13h), no payment may be made for home health
20care services provided to persons who are enrolled in the federal medicare program
21and are recipients of medical assistance under s. 49.46 or , 49.47, or 49.471 unless the
22provider of the services has in use the computer software to maximize payments
23under the federal medicare program under 42 USC 1395.
SB40-CSA1, s. 1522 24Section 1522. 49.45 (3) (f) 2. of the statutes is amended to read:
SB40-CSA1,716,8
149.45 (3) (f) 2. The department may deny any provider claim for reimbursement
2which cannot be verified under subd. 1. or may recover the value of any payment
3made to a provider which cannot be so verified. The measure of recovery will be the
4full value of any claim if it is determined upon audit that actual provision of the
5service cannot be verified from the provider's records or that the service provided was
6not included in s. 49.46 (2) or 49.471 (11). In cases of mathematical inaccuracies in
7computations or statements of claims, the measure of recovery will be limited to the
8amount of the error.
SB40-CSA1, s. 1523 9Section 1523. 49.45 (3) (L) 2. of the statutes is amended to read:
SB40-CSA1,716,1510 49.45 (3) (L) 2. The department may not pay a provider for a designated health
11service that is authorized under this section or s. 49.46 or, 49.47, or 49.471, that is
12provided as the result of a referral made to the provider by a physician and that,
13under 42 USC 1396b (s), if made on behalf of a beneficiary of medicare under the
14requirements of 42 USC 1395nn, as amended to August 10, 1993, would result in the
15denial of payment for the service under 42 USC 1395nn.
SB40-CSA1, s. 1524 16Section 1524. 49.45 (3) (m) of the statutes is amended to read:
SB40-CSA1,717,817 49.45 (3) (m) To be certified under sub. (2) (a) 11. to provide transportation by
18specialized medical vehicle, a person must have at least one human service vehicle,
19as defined in s. 340.01 (23g), that satisfies the requirements imposed under s. 110.05
20for a vehicle that is used to transport a person in a wheelchair. If a certified provider
21uses 2 or more vehicles to provide transportation by specialized medical vehicle, at
22least 2 of the vehicles must be human service vehicles that satisfy the requirements
23imposed under s. 110.05 for a vehicle that is used to transport a person in a
24wheelchair, and any 3rd or additional vehicle must be a human service vehicle to
25which the equipment required under s. 110.05 for transporting a person in a

1wheelchair may be added. The department shall pay for transportation by
2specialized medical vehicle under s. 49.46 (2) (b) 3. or 49.471 (11) (m) that is provided
3in a human service vehicle that is not equipped to transport a person in a wheelchair
4if the person being transported does not use a wheelchair. The reimbursement rate
5for transportation by specialized medical vehicle provided in a vehicle that is not
6equipped to accommodate a wheelchair shall be the same as for transportation by
7specialized medical vehicle provided in a vehicle that is equipped to accommodate a
8wheelchair.
SB40-CSA1, s. 1526 9Section 1526. 49.45 (6c) (d) 1. of the statutes is amended to read:
SB40-CSA1,718,410 49.45 (6c) (d) 1. No payment may be made under sub. (6m) to a facility or to
11an institution for mental diseases for the care of an individual who is otherwise
12eligible for medical assistance under s. 49.46 or, 49.47, or 49.471, who has
13developmental disability or mental illness and for whom under par. (b) or (c) it is
14determined that he or she does not need facility care, unless it is determined that the
15individual requires active treatment for developmental disability or active
16treatment for mental illness and has continuously resided in a facility or institution
17for mental diseases for at least 30 months prior to the date of the determination. If
18that individual requires active treatment and has so continuously resided, he or she
19shall be offered the choice of receiving active treatment for developmental disability
20or active treatment for mental illness in the facility or institution for mental diseases
21or in an alternative setting. A facility resident who has developmental disability or
22mental illness, for whom under par. (c) it is determined that he or she does not need
23facility care and who has not continuously resided in a facility for at least 30 months
24prior to the date of the determination, may not continue to reside in the facility after
25December 31, 1993, and shall, if the department so determines, be relocated from the

1facility after March 31, 1990, and before December 31, 1993. The county department
2shall be responsible for securing alternative residence on behalf of an individual who
3is required to be relocated from a facility under this subdivision, and the facility shall
4cooperate with the county department in the relocation.
SB40-CSA1, s. 1527 5Section 1527. 49.45 (6c) (d) 2. of the statutes is amended to read:
SB40-CSA1,718,126 49.45 (6c) (d) 2. Payment may be made under sub. (6m) to a facility or
7institution for mental diseases for the care of an individual who is otherwise eligible
8for medical assistance under s. 49.46 or, 49.47, or 49.471 and who has developmental
9disability or mental illness and is determined under par. (b) or (c) to need facility care,
10regardless of whether it is determined under par. (b) or (c) that the individual does
11or does not require active treatment for developmental disability or active treatment
12for mental illness.
SB40-CSA1, s. 1530h 13Section 1530h. 49.45 (6m) (ar) 1. a. of the statutes is amended to read:
SB40-CSA1,719,214 49.45 (6m) (ar) 1. a. The department shall establish standards for payment of
15allowable direct care costs under par. (am) 1. bm., for facilities that do not primarily
16serve the developmentally disabled, that take into account direct care costs for a
17sample of all of those facilities in this state and separate standards for payment of
18allowable direct care costs, for facilities that primarily serve the developmentally
19disabled, that take into account direct care costs for a sample of all of those facilities
20in this state. The standards shall be adjusted by the department for regional labor
21cost variations. The department shall treat as a single labor region the counties of
22Dane, Iowa, Columbia, and Sauk, and Rock and shall adjust payment so that the
23direct care cost targets of facilities in Dane, Iowa, Columbia, and Sauk counties are
24not reduced as a result of including facilities in Rock County in this labor region
. For
25facilities in Douglas, Pierce, and St. Croix counties, the department shall perform the

1adjustment by use of the wage index that is used by the federal department of health
2and human services for hospital reimbursement under 42 USC 1395 to 1395ggg.
SB40-CSA1, s. 1532 3Section 1532 . 49.45 (6m) (br) 1. of the statutes is amended to read:
SB40-CSA1,719,134 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435 (4) (bt) or (7) (b)
5or 20.445 (3) 20.437 (2) (dz), the department shall reduce allocations of funds to
6counties in the amount of the disallowance from the appropriation account under s.
720.435 (4) (bt) or (7) (b), or the department shall direct the department of workforce
8development
children and families to reduce allocations of funds to counties or
9Wisconsin works Works agencies in the amount of the disallowance from the
10appropriation account under s. 20.445 (3) 20.437 (2) (dz) or direct the department of
11corrections to reduce allocations of funds to counties in the amount of the
12disallowance from the appropriation account under s. 20.410 (3) (cd), in accordance
13with s. 16.544 to the extent applicable.
SB40-CSA1, s. 1533 14Section 1533. 49.45 (6m) (m) of the statutes is created to read:
SB40-CSA1,719,1815 49.45 (6m) (m) To hold a bed in a facility, the department may pay the full
16payment rate under this subsection for up to 30 days for services provided to a person
17during the pendency of an undue hardship determination, as provided in s. 49.453
18(8) (b) 3.
SB40-CSA1, s. 1538 19Section 1538 . 49.45 (6z) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,720,820 49.45 (6z) (a) (intro.) Notwithstanding sub. (3) (e), from the appropriation
21accounts under s. 20.435 (4) (b), (gp), (o), and (w), the department shall may
22distribute funding in each fiscal year to supplement payment for services to hospitals
23that enter into a contract under s. 49.02 (2) to provide health care services funded
24by a relief block grant under this chapter
indigent care agreements, in accordance
25with the approved state plan for services under 42 USC 1396a, with relief agencies

1that administer the medical relief block grant under this chapter
, if the department
2determines that the hospitals serve a disproportionate number of low-income
3patients with special needs. If no medical relief block grant under this chapter is
4awarded or if the allocation of funds to such hospitals would exceed any limitation
5under 42 USC 1396b (i) (3), the department may distribute funds to hospitals that
6have not entered into a contract under s. 49.02 (2) indigent care agreements. The
7department may not distribute funds under this subsection to the extent that the
8distribution would do any of the following:
SB40-CSA1, s. 1539 9Section 1539. 49.45 (8) (a) 4. of the statutes is amended to read:
SB40-CSA1,720,1810 49.45 (8) (a) 4. "Patient care visit" means a personal contact with a patient in
11a patient's home that is made by a registered nurse, licensed practical nurse, home
12health aide, physical therapist, occupational therapist, or speech-language
13pathologist who is on the staff of or under contract or arrangement with a home
14health agency, or by a registered nurse or licensed practical nurse practicing
15independently, to provide a service that is covered under s. 49.46 or, 49.47, or 49.471.
16"Patient care visit" does not include time spent by a nurse, therapist, or home health
17aide on case management, care coordination, travel, record keeping , or supervision
18that is related to the patient care visit.
SB40-CSA1, s. 1541 19Section 1541. 49.45 (9) of the statutes is amended to read:
SB40-CSA1,721,1920 49.45 (9) Free choice. Any person eligible for medical assistance under ss. s.
2149.46, 49.468 and, 49.47, or 49.471 may use the physician, chiropractor, dentist,
22pharmacist, hospital, skilled nursing home, health maintenance organization,
23limited service health organization, preferred provider plan or other licensed,
24registered or certified provider of health care of his or her choice, except that free
25choice of a provider may be limited by the department if the department's alternate

1arrangements are economical and the recipient has reasonable access to health care
2of adequate quality. The department may also require a recipient to designate, in any
3or all categories of health care providers, a primary health care provider of his or her
4choice. After such a designation is made, the recipient may not receive services from
5other health care providers in the same category as the primary health care provider
6unless such service is rendered in an emergency or through written referral by the
7primary health care provider. Alternate designations by the recipient may be made
8in accordance with guidelines established by the department. Nothing in this
9subsection shall vitiate the legal responsibility of the physician, chiropractor,
10dentist, pharmacist, skilled nursing home, hospital, health maintenance
11organization, limited service health organization, preferred provider plan or other
12licensed, registered or certified provider of health care to patients. All contract and
13tort relationships with patients shall remain, notwithstanding a written referral
14under this section, as though dealings are direct between the physician, chiropractor,
15dentist, pharmacist, skilled nursing home, hospital, health maintenance
16organization, limited service health organization, preferred provider plan or other
17licensed, registered or certified provider of health care and the patient. No physician,
18chiropractor, pharmacist or dentist may be required to practice exclusively in the
19medical assistance program.
SB40-CSA1, s. 1542 20Section 1542. 49.45 (18) (ac) of the statutes is amended to read:
SB40-CSA1,722,721 49.45 (18) (ac) Except as provided in pars. (am) to (d), and subject to par. (ag),
22any person eligible for medical assistance under s. 49.46, 49.468, or 49.47, or for the
23benefits under s. 49.46 (2) (a) and (b) under s. 49.471
shall pay up to the maximum
24amounts allowable under 42 CFR 447.53 to 447.58 for purchases of services provided
25under s. 49.46 (2). The service provider shall collect the specified or allowable

1copayment, coinsurance, or deductible, unless the service provider determines that
2the cost of collecting the copayment, coinsurance, or deductible exceeds the amount
3to be collected. The department shall reduce payments to each provider by the
4amount of the specified or allowable copayment, coinsurance, or deductible. No
5provider may deny care or services because the recipient is unable to share costs, but
6an inability to share costs specified in this subsection does not relieve the recipient
7of liability for these costs.
SB40-CSA1, s. 1543 8Section 1543. 49.45 (18) (am) of the statutes is amended to read:
SB40-CSA1,722,119 49.45 (18) (am) No person is liable under this subsection for services provided
10through prepayment contracts. This paragraph does not apply to a person who is
11eligible for the benefits under s. 49.46 (2) (a) and (b) under s. 49.471.
SB40-CSA1, s. 1546 12Section 1546. 49.45 (23) of the statutes is created to read:
SB40-CSA1,722,2013 49.45 (23) Assistance for childless adults demonstration project. (a) The
14department shall request a waiver from the secretary of the federal department of
15health and human services to permit the department to conduct a demonstration
16project to provide health care coverage for basic primary and preventive care to
17adults who are under the age of 65, who have family incomes not to exceed 200
18percent of the poverty line, and who are not otherwise eligible for medical assistance
19under this subchapter, the Badger Care health care program under s. 49.665, or
20Medicare under 42 USC 1395 et seq.
SB40-CSA1,723,221 (b) If the waiver is granted and in effect, the department may promulgate rules
22defining the health care benefit plan, including more specific eligibility
23requirements and cost-sharing requirements. Notwithstanding s. 227.24 (3), the
24plan details under this subsection may be promulgated as an emergency rule under
25s. 227.24 without a finding of emergency. If the waiver is granted and in effect, the

1demonstration project under this subsection shall begin on January 1, 2009, or on
2the effective date of the waiver, whichever is later.
SB40-CSA1, s. 1547 3Section 1547. 49.45 (24g) of the statutes is repealed.
SB40-CSA1, s. 1549m 4Section 1549m. 49.45 (24r) of the statutes is amended to read:
SB40-CSA1,723,135 49.45 (24r) Family planning demonstration project. The department shall
6request a waiver from the secretary of the federal department of health and human
7services to permit the department to conduct a demonstration project to provide
8family planning services, as defined in s. 253.07 (1) (b) (a), under medical assistance
9to any woman between the ages of 15 and 44 whose family income does not exceed
10185% 200% of the poverty line for a family the size of the woman's family. If the
11waiver is granted and in effect, the
The department shall implement the any waiver
12no later than July 1, 1998, or on the effective date of the waiver, whichever is later
13granted.
SB40-CSA1, s. 1550 14Section 1550. 49.45 (29) of the statutes is amended to read:
SB40-CSA1,723,1715 49.45 (29) Hospice reimbursement. The department shall promulgate rules
16limiting aggregate payments made to a hospice under ss. 49.46 and, 49.47, and
1749.471
.
SB40-CSA1, s. 1551c 18Section 1551c. 49.45 (31) of the statutes is repealed and recreated to read:
SB40-CSA1,724,219 49.45 (31) Long-Term Care Partnership Program. (a) The department shall
20submit to the federal department of health and human services, not later than 3
21months after the effective date of this paragraph .... [revisor inserts date], an
22amendment to the state medical assistance plan that establishes in this state a
23Long-Term Care Partnership Program, as described in this subsection, and shall
24implement the program if the amendment to the state plan is approved. Under the
25program, the department shall exclude an amount equal to the amount of benefits

1that an individual receives under a qualifying long-term care insurance policy, as
2described in par. (b), when determining any of the following:
SB40-CSA1,724,43 1. The individual's resources for purposes of determining the individual's
4eligibility for medical assistance.
SB40-CSA1,724,65 2. The amount to be recovered from the individual's estate if the individual
6receives medical assistance.
SB40-CSA1,724,97 (b) To be eligible for the program, an individual must have been a resident of
8this state when the long-term care insurance policy was issued, and the policy must
9satisfy all of the following criteria:
SB40-CSA1,724,1210 1. The policy was not issued before the date specified in the amendment to the
11state plan, which may not be before the first day of the calendar quarter in which the
12amendment is submitted to the federal department of health and human services.
SB40-CSA1,724,1413 2. The policy meets the definition of a qualified long-term care insurance policy
14under 26 USC 7702B (b).
SB40-CSA1,724,1815 3. The policy meets the long-term care insurance model regulations and the
16requirements of the long-term care insurance model act promulgated by the
17National Association of Insurance Commissioners that are specified in 42 USC
181396p
(b) (5).
SB40-CSA1,724,20194. The policy includes the applicable inflation protection specified in 42 USC
201396p
(b) (1) (C) (iii) (IV).
SB40-CSA1,724,2221 5. The commissioner of insurance certifies to the department that the policy
22meets the criteria under subds. 2. to 4.
SB40-CSA1,725,323 (c) 1. The department and the office of the commissioner of insurance shall
24approve a training program for individuals who sell long-term care insurance
25policies in the state to ensure that those individuals understand the relation of

1long-term care insurance to the Medical Assistance program and are able to explain
2to consumers the protections offered by long-term care insurance and how this type
3of insurance relates to private and public financing of long-term care.
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