SECTION 61. 49.49 (3m) (a) 3. of the statutes is amended to read:
49.49 (3m) (a) 3. Benefits or services for which recipient copayment, coinsurance, or deductible is required under s. 49.45 (18), not to exceed maximum amounts allowable under 42 CFR 447.53 to 447.58, or for which recipient copayment or coinsurance is required under s. 49.471 (11).
SECTION 62. 49.497 (title) of the statutes is amended to read:
49.497 (title) Recovery of incorrect Medical Assistance or Badger Care payments and of unpaid employer penalties.
SECTION 63. 49.497 (1r) of the statutes is created to read:
49.497 (1r) (a) The department may recover any penalty assessment not paid under s. 49.471 (9) (c) from the employer against which the penalty was assessed. If, after notice that payment of a penalty is overdue, the employer who is liable fails to pay the penalty amount, or enter into or comply with an agreement for payment, 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 the hearing shall be the determination by the department that the person has not paid the penalty or entered into, or complied with, an agreement for payment.
(b) If any employer named in an order to compel payment issued under par. (a) fails to pay the department any amount due under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The sworn statement of the secretary shall be evidence of the failure to pay the penalty. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this paragraph shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.
(c) The recovery procedure under this subsection is in addition to any other recovery procedure authorized by law.
SECTION 64. 49.497 (4) of the statutes is amended to read:
49.497 (4) The department may appear for the state in any and all collection matters under this section, and may commence suit in the name of the department to recover an incorrect payment from the recipient to whom or on whose behalf it was made or to recover an unpaid penalty from the employer against which the penalty was assessed.
SECTION 65. 49.665 (4) (ap) 2. of the statutes is repealed.
SECTION 66. 49.665 (7) (a) 1. of the statutes is amended to read:
49.665 (7) (a) 1. Notwithstanding sub. (4) (a) 3m. and (ap) 2., the department shall mail information verification forms to the employers of the individuals required to provide the verifications under sub. (4) (a) 3m. and (ap) 2. to obtain the information specified.
SECTION 67. 49.688 (5) (a) (intro.) of the statutes is amended to read:
49.688 (5) (a) (intro.) Beginning on September 1, 2002, except as provided in sub. (7) (b), as a condition of participation by a pharmacy or pharmacist in the program under s. 49.45, 49.46, or 49.47, or 49.471, the pharmacy or pharmacist may not charge a person who presents a valid prescription order and a card indicating that he or she meets eligibility requirements under sub. (2) an amount for a prescription drug under the order that exceeds the following:
SECTION 68. 49.785 (1) (intro.) of the statutes is amended to read:
49.785 (1) (intro.) Except as provided in sub. (1m), if any recipient of benefits under s. 49.148, 49.46 or 49.77, or under 42 USC 1381 to 1385 in effect on May 8, 1980, specified in sub. (1c) dies and the estate of the deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses of the deceased recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the county department under s. 46.215, 46.22, or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:
SECTION 69. 49.785 (1c) of the statutes is created to read:
49.785 (1c) All of the following are eligible recipients under this section:
(a) A recipient of benefits under s. 49.148, 49.46, or 49.77, or under 42 USC 1381 to 1385 in effect on May 8, 1980.
(b) A recipient of benefits under s. 49.471 who is any of the following:
1. A pregnant woman or a child under 6 years of age with a family income not exceeding 185 percent of the poverty line at the time of death.
2. A child at least 6 years of age but less than 19 years of age with a family income not exceeding 100 percent of the poverty line at the time of death.
3. A parent or caretaker relative with a family income not exceeding 50 percent of the poverty line at the time of death.
SECTION 70. 49.81 (4) of the statutes is amended to read:
49.81 (4) The right to a speedy determination of the recipient's status or eligibility for public assistance, to notice of any proposed change in such status or eligibility, and, in the case of assistance granted under s. 49.19, 49.46, 49.468 or, 49.47, or 49.471, to a speedy appeals process for resolving contested determinations.
SECTION 71. 49.82 (2) (b) 1. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
49.82 (2) (b) 1. A child who is eligible for medical assistance under s. 49.46 or, 49.47, or 49.471 because of 42 USC 1396a (e) (4).
****NOTE: This is reconciled s. 49.82 (2) (b) 1. This SECTION has been affected by drafts with the following LRB numbers: LRB-0905 and LRB-1311.
SECTION 72. 49.82 (2) (b) 2. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
49.82 (2) (b) 2. An unborn child who is eligible for coverage under s. 49.471 or the Badger Care health care program under s. 49.665 (4) (ap).
****NOTE: This is reconciled s. 49.82 (2) (b) 2. This SECTION has been affected by drafts with the following LRB numbers: LRB-0905 and LRB-1311.
SECTION 73. 49.84 (6) (c) 1. d. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
49.84 (6) (c) 1. d. A child who is receiving medical assistance under s. 49.46 (1) (a) 13. or, 49.47 (4) (am) 3., or 49.471 (4) (a) 2. or (b) 2. or an unborn child receiving prenatal care under s. 49.471.
****NOTE: This is reconciled s. 49.84 (6) (c) 1. d. This SECTION has been affected by drafts with the following LRB numbers: -0265 and -0905.
SECTION 74. 49.84 (6) (c) 1. e. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
49.84 (6) (c) 1. e. A pregnant woman who is receiving medical assistance under s. 49.465 or a child or pregnant woman who is receiving medical assistance under s. 49.471 (5) (b) 1. or 2.
****NOTE: This is reconciled s. 49.84 (6) (c) 1. e. This SECTION has been affected by drafts with the following LRB numbers: -0265 and -0905.
SECTION 75. 49.89 (7) (b) of the statutes is amended to read:
49.89 (7) (b) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.46, 49.465, 49.468 or, 49.47, or 49.471. The incentive payment shall be taken from the federal share of the sum recovered as provided under 42 CFR 433.153 and 433.154.
SECTION 76. 51.038 of the statutes is amended to read:
51.038 Outpatient mental health clinic certification. Except as provided in s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k), a community aids funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.
SECTION 77. 51.04 of the statutes is amended to read:
51.04 Treatment facility certification. Except as provided in s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k) or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each certification.
SECTION 78. 59.53 (5) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
59.53 (5) (a) The board shall contract with the department of children and families to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency, except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of children and families. The attorneys responsible for support enforcement under sub. (6) (a), circuit court commissioners and all other county officials shall cooperate with the county and the department of children and families as necessary to provide the services required under the programs. The county shall charge the fee established by the department of children and families under s. 49.22 for services provided under this paragraph to persons not receiving benefits under s. 49.148 or 49.155 or assistance under s. 48.645, 49.19, or 49.46, 49.465, 49.47, 49.471, or 49.472.
****NOTE: This is reconciled s. 59.53 (5) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0905 and LRB-1261.
SECTION 79. 66.0137 (3) of the statutes is amended to read:
66.0137 (3) HEALTH INSURANCE FOR UNEMPLOYED PERSONS. Any city, village, town, or county may purchase health or dental insurance for unemployed persons residing in the city, village, town, or county who are not eligible for medical assistance under s. 49.46, 49.468 or, 49.47, or 49.471 (4) (a) or (b).
SECTION 80. 227.01 (13) (um) of the statutes is amended to read:
227.01 (13) (um) Lists over-the-counter drugs covered by medical assistance Medical Assistance under s. 49.46 (2) (b) 6. i. or 49.471 (11) (a).
SECTION 81. 253.10 (3) (d) 1. of the statutes is amended to read:
253.10 (3) (d) 1. Geographically indexed materials that are designed to inform a woman about public and private agencies, including adoption agencies, and services that are available to provide information on family planning, as defined in s. 253.07 (1) (a), including natural family planning information, to provide ultrasound imaging services, to assist her if she has received a diagnosis that her unborn child has a disability or if her pregnancy is the result of sexual assault or incest and to assist her through pregnancy, upon childbirth and while the child is dependent. The materials shall include a comprehensive list of the agencies available, a description of the services that they offer and a description of the manner in which they may be contacted, including telephone numbers and addresses, or, at the option of the department, the materials shall include a toll-free, 24-hour telephone number that may be called to obtain an oral listing of available agencies and services in the locality of the caller and a description of the services that the agencies offer and the manner in which they may be contacted. The materials shall provide information on the availability of governmentally funded programs that serve pregnant women and children. Services identified for the woman shall include medical assistance for pregnant women and children under s. 49.47 (4) (am) and 49.471, the availability of family or medical leave under s. 103.10, the Wisconsin works program under ss. 49.141 to 49.161, child care services, child support laws and programs and the credit for expenses for household and dependent care and services necessary for gainful employment under section 21 of the internal revenue code. The materials shall state that it is unlawful to perform an abortion for which consent has been coerced, that any physician who performs or induces an abortion without obtaining the woman's voluntary and informed consent is liable to her for damages in a civil action and is subject to a civil penalty, that the father of a child is liable for assistance in the support of the child, even in instances in which the father has offered to pay for an abortion, and that adoptive parents may pay the costs of prenatal care, childbirth and neonatal care. The materials shall include information, for a woman whose pregnancy is the result of sexual assault or incest, on legal protections available to the woman and her child if she wishes to oppose establishment of paternity or to terminate the father's parental rights. The materials shall state that fetal ultrasound imaging and auscultation of fetal heart tone services are obtainable by pregnant women who wish to use them and shall describe the services.
SECTION 82. 302.38 (3) of the statutes is amended to read:
302.38 (3) The maximum amount that a governmental unit may pay for the costs of medical or hospital care under this section is limited for that care to the amount payable by medical assistance under subch. IV of ch. 49, except s. excluding ss. 49.468 and 49.471 (11), for care for which a medical assistance rate exists. No provider of medical or hospital care may bill a prisoner under sub. (1) for the cost of care exceeding the amount paid under this subsection by the governmental unit. If no medical assistance rate exists for the care provided, there is no limitation under this subsection.
SECTION 83. 302.386 (1) of the statutes is amended to read:
302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01, in a juvenile correctional facility, or in a secured residential care center for children and youth, or to forensic patients in state institutions for those services that are not provided by employees of the department shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.471, excluding ss. 49.468 and 49.471 (11), for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.
SECTION 84. 449.17 (8) of the statutes is amended to read:
449.17 (8) REIMBURSEMENT PROHIBITED. No optometrist may be reimbursed under s. 49.46 (2) (a) 3. or 49.471 (11) for any increase in charges or separate charge which is attributable to the use of topical ocular diagnostic pharmaceutical agents.
SECTION 85. 632.746 (7m) (b) 1. of the statutes is amended to read:
632.746 (7m) (b) 1. The employee or dependent is eligible for benefits under the Medical Assistance program under s. 49.471 or 49.472 or for coverage under the Badger Care health care program under s. 49.665.
SECTION 86. 814.61 (13) of the statutes is amended to read:
814.61 (13) SUPPORT OR MAINTENANCE PETITION. For the cost of court services, whenever a person not receiving benefits under s. 49.148 or 49.155 or aid under s. 49.19, 49.46, 49.465, 49.468 or, 49.47, or 49.471 files a petition requesting child support, maintenance or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.
SECTION 87. 885.01 (5) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
885.01 (5) By the department of children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.
****NOTE: This is reconciled s. 885.01 (5). This SECTION has been affected by drafts with the following LRB numbers: LRB-0905 and LRB-1261.
SECTION 9421. Effective dates; Health and Family Services.
(1) BADGERCARE PLUS. The treatment of sections 20.435 (4) (b) (by SECTION 1), (bm) (by SECTION 2), (bn) (by SECTION 3), (jw), (jz), and (o), 45.51 (13) (intro.), (a), and (b), 46.206 (1) (bm), 46.22 (1) (b) 1. d., 46.27 (6u) (c) 1. a. and (d) (intro.) and (7) (am) and (b), 46.275 (1m) (a), 46.277 (1m) (a), 46.278 (1m) (b), 46.283 (3) (k), 46.485 (3g), 48.57 (3m) (e) and (3n) (e), 49.22 (2m) (a), (b), and (c) 3. and (6) (by SECTION 26), 49.45 (2) (a) 1. and 3. and (b) 3. and 7. (intro.), (3) (b) 1. and 2., (dm), (f) 2., (L) 2., and (m), (6c) (d) 1. and 2., (8) (a) 4., (9), (18) (ac) and (am), (24g), (29), (35), (42m) (a), (48), (49m) (c) 1., and (53), 49.468 (1) (b) and (c), (1m) (a), and (2) (a), 49.473 (2) (a), 49.49 (3m) (a) (intro.), 1., 2. (by SECTION 60), and 3., 49.497 (title), (1r), and (4), 49.665 (4) (ap) 2. and (7) (a) 1., 49.688 (5) (a) (intro.), 49.785 (1) (intro.) and (1c), 49.81 (4), 49.82 (2) (b) 1. (by SECTION 71) and 2. (by SECTION 72), 49.89 (7) (b), 51.038, 51.04, 59.53 (5) (a) (by SECTION 78), 66.0137 (3), 227.01 (13) (um), 253.10 (3) (d) 1., 302.38 (3), 302.386 (1), 449.17 (8), 632.746 (7m) (b) 1., 814.61 (13), and 885.01 (5) (by SECTION 87) of the statutes and the amendment of sections 49.45 (18m) (a) 1. and 49.84 (6) (c) 1. d. and e. of the statutes take effect on the date stated in the Wisconsin Administrative Register by the department of health and family services under section 49.471 (12) (b) of the statutes, as created by this act, as the implementation date for BadgerCare Plus.
****NOTE: This is reconciled SECTION 9421 (1). This SECTION has been affected by drafts with the following LRB numbers: -0248, -0250, -0263, -0265, -0268, -0892, -0905, -1261, -1311, -1313, -1333, and -1521.
(End)
LRB-0930LRB-0930/2
PJK:jld:pg
2007 - 2008 LEGISLATURE
DOA:......Milioto, BB0197 - Deleting references to Federal Partnership Program
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Medical Assistance
Under current law, DHFS administers the Medical Assistance (MA) program, which provides federal and state moneys to pay for health care and long-term care services provided to MA recipients. MA recipients are, generally, low-income, elderly, or disabled persons who meet other specific eligibility requirements. To be eligible for long-term care services under MA, an individual must meet certain very low income and resource requirements, and may have to "spend down" liquid assets by paying for his or her own long-term care until those income and resource requirements are met.
Current law requires DHFS to seek federal approval of a pilot project under which a person receiving benefits under a long-term care insurance policy that satisfies criteria established by DHFS may be eligible for MA even though the person's income and resources exceed the limits for eligibility. Current law also requires DHFS to include, as part of a program on long-term care insurance, allowing persons to retain excess assets for MA eligibility if they purchase long-term care insurance. This bill removes both of these requirements.
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. 49.45 (31) of the statutes is repealed.
SECTION 2. 49.47 (9m) of the statutes is repealed.
SECTION 3. 146.91 (2) (c) of the statutes is repealed.
SECTION 4. 146.91 (5) of the statutes is repealed.
(End)
LRB-0973LRB-0973/3
ARG:kjf:jf
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0177 - Federal security verification fee
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: federal security verification mandate fee and identification card fees and term.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Under current law, DOT collects various fees related to operator's licenses, including fees for the issuance or renewal of an operator's license, reinstatement of an operating privilege, adding operator's license endorsements, and removing operator's license restrictions.
