647.05 (2m) Subject to s. 49.455, a continuing care contract may require that, before a resident applies for medical assistance, the resident must spend on his or her care the resources declared for purposes of admission to the facility.

SECTION 9321. Initial applicability; Health and Family Services.

(1) MEDICAL ASSISTANCE ASSET TRANSFER CHANGES.

(a) Eligibility changes. The treatment of section 49.47 (4) (a) (intro.), (bm), and (cr) of the statutes first applies to individuals who apply or are recertified for medical assistance on the effective date of this paragraph.

(b) Divestment changes. The treatment of section 49.453 (1) (f) (intro.), 1., 2., and 2m. and (fm), (3) (b) (intro.) and (bc), (4) (a), (ac), (am), (b), (c), (cm), (d), (e), and (em), (4c), and (4m) of the statutes, the renumbering and amendment of section 49.453 (3) (a) and (8) of the statutes, the creation of section 49.453 (3) (a) 2. and (8) (b) of the statutes first apply to individuals who apply for or are receiving medical assistance for nursing facility services or other long-term care services on the effective date of this paragraph.

(c) Continuing care contracts. The treatment of section 647.05 (2m) of the statutes first applies to contracts entered into on the effective date of this paragraph.

SECTION 9421. Effective dates; Health and Family Services.

(1) MEDICAL ASSISTANCE ASSET TRANSFER CHANGES. The treatment of sections 49.45 (6m) (m), 49.453 (1) (a), (ar), (d), (e), (f) (intro.), 1., 2., and 2m., (fm), and (i), (3) (b) (intro.) and (bc), (4) (a), (ac), (am), (b), (c), (cm), (d), (e), and (em), (4c), and (4m), 49.47 (4) (a) (intro.), (b) 1., (bc), (bm), and (cr), 632.48 (3), 647.02 (2) (g), and 647.04 (5) of the statutes, the renumbering and amendment of section 49.453 (3) (a) and (8) and 647.05 of the statutes, the creation of section 49.453 (3) (a) 2. and (8) (b) and 647.05 (2m) of the statutes, and SECTION 9321 (1) (a), (b), and (c) of this act take effect on October 1, 2007, or on the first day of the 4th month beginning after publication, whichever is later.
(End)
LRB-0267LRB-0267/7
PJK:jld&kjf:jf
2007 - 2008 LEGISLATURE

DOA:......Rhodes, BB0002 - DHFS and DWD TANF and CCDF allocations
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL

AN ACT ...; relating to: certain allocations of federal moneys.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
Under current law, DWD allocates specific amounts of moneys in each fiscal year, including federal Child Care Development Funds (CCDF) and federal moneys received under the federal Temporary Assistance for Needy Families (TANF) block grant program, for various public assistance programs and for child care-related purposes, including transferring moneys to DHFS for its day care licensing operations. This bill increases and decreases those allocations. The bill also expands the purpose of the allocation for the program that provides services in Milwaukee County to ensure the safety of children remaining at home to cover providing services in Milwaukee County to families with children placed in out-of-home care and allocates grant moneys to the Educare Center of Milwaukee.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.155 (1g) (c) of the statutes is amended to read:

49.155 (1g) (c) From the appropriation account under s. 20.445 (3) (mc), transfer $4,438,200 $5,236,800 in fiscal year 2005-06 2007-08 and $4,440,500 $5,245,500 in fiscal year 2006-07 2008-09 to the appropriation account under s. 20.435 (3) (kx).

SECTION 2. 49.175 (1) (a) of the statutes is amended to read:

49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $59,184,700 $48,276,900 in fiscal year 2005-06 2007-08 and $51,930,000 $51,003,200 in fiscal year 2006-07 2008-09.

SECTION 3. 49.175 (1) (b) of the statutes is amended to read:

49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143, $18,999,900 $13,201,100 in fiscal year 2005-06 2007-08 and $16,834,100 $13,201,100 in fiscal year 2006-07 2008-09.

SECTION 4. 49.175 (1) (c) of the statutes is repealed.

SECTION 5. 49.175 (1) (f) of the statutes is amended to read:

49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works provided under contracts under s. 49.143, $49,534,800 $38,604,400 in fiscal year 2005-06 2007-08 and $43,463,000 $40,066,300 in fiscal year 2006-07 2008-09.

SECTION 6. 49.175 (1) (g) of the statutes is amended to read:

49.175 (1) (g) State administration of public assistance programs. For state administration of public assistance programs, $16,060,000 $17,577,500 in each fiscal year 2007-08 and $17,807,000 in fiscal year 2008-09.

SECTION 7. 49.175 (1) (i) of the statutes is amended to read:

49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $4,500,000 $8,900,000 in each fiscal year 2007-08 and $9,400,000 in fiscal year 2008-09.

SECTION 8. 49.175 (1) (p) of the statutes is amended to read:

49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $310,332,100 $314,888,400 in fiscal year 2005-06 2007-08 and $313,432,100 $315,821,900 in fiscal year 2006-07 2008-09.

SECTION 9. 49.175 (1) (q) of the statutes is amended to read:

49.175 (1) (q) Indirect child care services. For indirect child care services under s. 49.155 (1g), $9,926,700 $7,081,900 in fiscal year 2005-06 2007-08 and $9,929,000 $6,480,200 in fiscal year 2006-07 2008-09.

SECTION 10. 49.175 (1) (qm) of the statutes is amended to read:

49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g) (d), $3,378,500 $4,578,500 in each fiscal year.

SECTION 11. 49.175 (1) (r) of the statutes is repealed.

SECTION 12. 49.175 (1) (s) of the statutes is created to read:

49.175 (1) (s) Grants to Educare Center of Milwaukee. For grants to the Educare Center of Milwaukee, $750,000 in each fiscal year.

SECTION 13. 49.175 (1) (z) of the statutes is amended to read:

49.175 (1) (z) Grants to the Boys and Girls Clubs of America. For grants to the Wisconsin Chapter of the Boys and Girls Clubs of America to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., $300,000 $350,000 in each fiscal year.

SECTION 14. 49.175 (1) (ze) 1. of the statutes is amended to read:

49.175 (1) (ze) 1. 'Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,034,200 in fiscal year 2005-06 and $22,686,300 $23,655,000 in each fiscal year 2006-07.

SECTION 15. 49.175 (1) (ze) 2. of the statutes is amended to read:

49.175 (1) (ze) 2. 'Children of recipients of supplemental security income.' For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $30,444,000 $30,272,400 in fiscal year 2005-06 2007-08 and $30,394,000 $30,272,400 in fiscal year 2006-07 2008-09.

SECTION 16. 49.175 (1) (ze) 10m. of the statutes is amended to read:

49.175 (1) (ze) 10m. 'Safety and out-of-home placement services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, $5,707,200 and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 in each fiscal year.

SECTION 17. 49.175 (1) (ze) 12. of the statutes is amended to read:

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, $1,310,800 $1,510,500 in fiscal year 2005-06 2007-08 and $1,317,700 $1,532,100 in fiscal year 2006-07 2008-09.

SECTION 18. 49.175 (1) (zh) of the statutes is amended to read:

49.175 (1) (zh) 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, $55,232,000 $30,616,700 in each fiscal year 2007-08 and $25,004,300 in fiscal year 2008-09.
(End)
LRB-0268LRB-0268/2
PJK:jld:rs
2007 - 2008 LEGISLATURE

DOA:......Pink, BB0009 - Medicaid requirement to enroll in Medicare Part B
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL

AN ACT ...; relating to: enrolling in Medicare Part B if eligible as a condition of eligibility for medical assistance.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, DHFS administers the Medical Assistance (MA) program, under which eligible individuals, generally low-income or disabled, receive health care benefits. Some individuals who are eligible for MA are also eligible for Medicare, which is a federal health insurance program for individuals who are, generally, 65 years of age or older or disabled. Medicare Part A covers hospital and related services, and coverage is automatic. Medicare Part B covers outpatient, nursing, and physician services and various other health care services, such as diagnostic tests. Enrollment in Medicare Part B is voluntary, and an enrollee must pay a premium. Current law does not require an individual who is eligible for both MA and Medicare to enroll in Medicare Part B, and DHFS reimburses providers under MA for services that would be covered under Medicare Part B if the individual were enrolled in Medicare Part B.
This bill provides that DHFS may require an individual who is eligible for Medicare and for MA services under a number of eligibility categories to enroll in Medicare Part B as a condition of receiving those MA services. The bill also provides that, if DHFS requires an individual to enroll in Medicare Part B, DHFS must pay the monthly premiums for the coverage under Medicare Part B. Because MA does not pay for benefits to which an individual is entitled under another benefit program, MA would no longer pay for any benefits that are covered under Medicare Part B after the individual enrolls in Medicare Part B.
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 (18m) of the statutes is created to read:

49.45 (18m) MEDICARE PART B ENROLLMENT AND PREMIUM PAYMENT. (a) The department may require an individual who is eligible for Medicare Part B under 42 USC 1395j to 1395L and who also is eligible for any of the following medical assistance services under any of the following to enroll in Medicare Part B as a condition of receiving those medical assistance services:

1. Medical assistance services under s. 49.46, 49.47, or 49.472.

2. Health care coverage under the Badger Care health care program under s. 49.665.

3. Services under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785.

4. Medical assistance services provided as part of a family care benefit, as defined in s. 46.2805 (4).

5. Services provided under a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c).

6. Services provided under the program of all-inclusive care for persons aged 55 or older authorized under 42 USC 1396u-4.

7. Services provided under the demonstration program under a federal waiver authorized under 42 USC 1315.

(b) If the department requires an individual specified in par. (a) to enroll in Medicare Part B, the department shall pay the monthly premiums for the coverage under Medicare Part B.
(End)
LRB-0293LRB-0293/2
PJH:wlj:jf
2007 - 2008 LEGISLATURE

DOA:......Jablonsky, BB0018 - Conditional release
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Correctional system
Adult correctional system
Under current law, a person found not guilty of a crime by reason of mental disease or defect may be institutionalized or may receive supervision in the community under the conditional release program. If a participant in the conditional release program violates a condition of his or her release, or is otherwise deemed unsafe for community living, DHFS may require the person to be detained pending a petition by DHFS to revoke the person's conditional release. Current law requires DHFS to file the petition within 48 hours of the person's detention.
This bill extends the time for DHFS to file a petition for revocation of a person's conditional release from 48 to 72 hours, excluding Saturdays, Sundays, and legal holidays.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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