SB144: Bill Text

SB144,11,2 b. At the time of the person's first recertification after the effective date of this subd. 2. b. .... [revisor inserts date], to a person not specified in subd. 2. a. who applied for medical assistance for nursing facility services or other long-term care services described in s. 49.453 (2) on or after January 1, 2006, and who was eligible for medical assistance for those services on the effective date of this subd. 2. b. .... [revisor inserts date].

SB144, s. 32 Section 32. 49.47 (4) (bm) of the statutes is created to read:

SB144,11,8 49.47 (4) (bm) For purposes of determining eligibility or benefits amount for a person described in par. (a) 3. or 4. who resides in a continuing care retirement community or a life care community, any entrance fee paid on admission to the community shall be considered a resource available to the person to the extent that all of the following apply:

SB144,11,11 1. The person has the ability to use the entrance fee, or the contract provides that the entrance fee may be used, to pay for care if the person's other resources or income are insufficient to pay for the care.

SB144,11,14 2. The person is eligible for a refund of any remaining entrance fee when the person dies or terminates the continuing care retirement community or life care community contract and leaves the community.

SB144,11,16 3. The entrance fee does not confer an ownership interest in the continuing care retirement community or life care community.

SB144, s. 33 Section 33. 49.47 (4) (cr) of the statutes is created to read:

SB144,12,3 49.47 (4) (cr) 1. As a condition of receiving medical assistance for long-term care services described in s. 49.453 (2) (a), an applicant for or recipient of the long-term care services shall disclose on the application or recertification form a description of any interest the individual or his or her community spouse, as defined in s. 49.453 (1) (ar), has in an annuity, regardless of whether the annuity is irrevocable or is treated as an asset. The application or recertification form shall include a statement that the state becomes a remainder beneficiary under any annuity in which the individual or his or her spouse has an interest by virtue of the provision of the medical assistance. The applicant or recipient shall, no later than 30 days after the department receives the application or recertification form, take any action required by the annuity issuer to make the state a remainder beneficiary.

SB144,12,7 2. The department shall notify the issuer of an annuity disclosed under subd. 1. of the state's right as a remainder beneficiary and shall request that the issuer notify the department of any changes to or payments made under the annuity contract.

SB144,12,8 3. This paragraph applies to all of the following:

SB144,12,9 a. Annuities purchased on or after February 8, 2006.

SB144,12,11 b. Annuities purchased before February 8, 2006, for which a transaction, as defined in s. 49.453 (4) (ac), has occurred on or after February 8, 2006.

SB144, s. 34 Section 34. 632.48 (3) of the statutes is created to read:

SB144,12,17 632.48 (3) Notice of changes. An insurer that receives a request from the department of health and family services under s. 49.47 (4) (cr) 2. for notification shall comply with the request and notify the department of any changes to or payments made under the annuity contract to which the request for notification relates.

SB144, s. 35 Section 35. 647.02 (2) (g) of the statutes is amended to read:

SB144,12,22 647.02 (2) (g) The figure to be used by the provider as the actual or projected length of a resident's stay in the facility in the formula in the contract provision required under s. 647.05 (9) (1m) (i) and supporting information showing how the figure was determined.

SB144, s. 36 Section 36. 647.04 (5) of the statutes is amended to read:

SB144,13,3 647.04 (5) Inform the commissioner of any change in the figure used by the provider as the actual or projected length of a resident's stay in the facility in the formula in the contract provision required under s. 647.05 (9) (1m) (i) within 30 days after the change is made and submit supporting information showing how the change was determined.

SB144, s. 37 Section 37. 647.05 of the statutes is renumbered 647.05 (1m), and 647.05 (1m) (g), as renumbered, is amended to read:

SB144,13,9 647.05 (1m) (g) Provides that if a resident dies or the continuing care contract is terminated after the first 30 days of occupancy, but within the first 90 days of occupancy, the provider will refund at least 90% of the amount computed under sub. (6) par. (f).

SB144, s. 38 Section 38. 647.05 (2m) of the statutes is created to read:

SB144,13,13 647.05 (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.

SB144, s. 39 Section 39 . Initial applicability.

SB144,13,15 (1) Medical Assistance asset transfer changes.

SB144,13,18 (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.

SB144,13,25 (b) Divestment changes. The treatment of section 49.453 (1) (f) (intro.), 1., 2., and 2m., (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.

SB144,14,2 (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.

SB144, s. 40 Section 40. Effective date.

SB144,14,12 (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 39 (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.

SB144,14,13 (End)