AB75-SSA1,624,2417 49.471 (3) (a) 1. Notwithstanding ss. 49.46 (1), 49.465, 49.47 (4), and 49.665 (4),
18if the amendments to the state plan under sub. (2) are approved and a waiver under
19sub. (2) that is substantially consistent with all of the provisions of this section,
20excluding sub. (2m), is granted and in effect, an individual described in sub. (4) (a)
21or (b) or (5) is not eligible under s. 49.46, 49.465, 49.47, or 49.665 for Medical
22Assistance or BadgerCare health program benefits. The eligibility of an individual
23described in sub. (4) (a) or (b) or (5) for Medical Assistance benefits shall be
24determined under this section.
AB75-SSA1, s. 1330 25Section 1330. 49.471 (3) (b) 1. (intro.) of the statutes is amended to read:
AB75-SSA1,625,7
149.471 (3) (b) 1. (intro.) If an individual over 18 years of age who is eligible for
2and receiving Medical Assistance benefits under s. 49.46, 49.47, or 49.665 in the
3month before BadgerCare Plus is implemented loses that eligibility solely due to the
4implementation of BadgerCare Plus and, because of his or her income, is not eligible
5for BadgerCare Plus, the individual shall continue receiving for 18 12 consecutive
6months the medical assistance he or she was receiving before the implementation of
7BadgerCare Plus if all of the following are satisfied:
AB75-SSA1, s. 1331 8Section 1331. 49.471 (3) (b) 1. c. of the statutes is amended to read:
AB75-SSA1,625,119 49.471 (3) (b) 1. c. The individual continues to meet meets all nonfinancial
10eligibility requirements for the coverage that he or she had in the month before the
11implementation of BadgerCare Plus
under this section.
AB75-SSA1, s. 1332 12Section 1332. 49.471 (3) (b) 2. of the statutes is amended to read:
AB75-SSA1,625,1613 49.471 (3) (b) 2. Notwithstanding subd. 1., if at any time during an individual's
1418-month 12-month eligibility extension under subd. 1. any criterion under subd.
151. a. to d. is not satisfied, the individual's eligibility for the extended coverage is
16terminated and any time remaining in the eligibility period is lost.
AB75-SSA1, s. 1333 17Section 1333. 49.471 (4) (a) 4. a. of the statutes is amended to read:
AB75-SSA1,625,2318 49.471 (4) (a) 4. a. The individual is a parent or caretaker relative of a child who
19is living in the home with the parent or caretaker relative or who is temporarily
20absent from the home for not more than 6 months or, if the child has been removed
21from the home for more than 6 months, the parent or caretaker relative is working
22toward unifying the family by complying with a permanency plan under s. 48.38 or
23938.38
.
AB75-SSA1, s. 1334 24Section 1334. 49.471 (4) (a) 5. of the statutes is amended to read:
AB75-SSA1,626,6
149.471 (4) (a) 5. An individual who, regardless of family income, was born on
2or after January 1, 1990, and who, on his or her 18th birthday, was in a foster care
3or treatment foster care placement under the responsibility of a state, as determined
4by the department. The coverage for an individual under this subdivision ends on
5the last day of the month in which the individual becomes 21 years of age, unless he
6or she otherwise loses eligibility sooner.
AB75-SSA1, s. 1335 7Section 1335. 49.471 (4) (a) 7. of the statutes is created to read:
AB75-SSA1,626,108 49.471 (4) (a) 7. Individuals who qualify for a medical assistance eligibility
9extension under s. 49.46 (1) (c), (cg), or (co) when their income increases above the
10poverty line.
AB75-SSA1, s. 1336 11Section 1336. 49.471 (4) (b) 1m. of the statutes is amended to read:
AB75-SSA1,626,1312 49.471 (4) (b) 1m. A pregnant woman or unborn child who obtains eligibility
13under sub. (7) (b) 1.
AB75-SSA1, s. 1337 14Section 1337. 49.471 (4) (b) 4. a. of the statutes is amended to read:
AB75-SSA1,626,2015 49.471 (4) (b) 4. a. The individual is a parent or caretaker relative of a child who
16is living in the home with the parent or caretaker relative or who is temporarily
17absent from the home for not more than 6 months or, if the child has been removed
18from the home for more than 6 months, the parent or caretaker relative is working
19toward unifying the family by complying with a permanency plan under s. 48.38 or
20938.38
.
AB75-SSA1, s. 1338 21Section 1338. 49.471 (5) (b) 1. of the statutes is amended to read:
AB75-SSA1,627,222 49.471 (5) (b) 1. Except as provided in sub. (6) (a) 1., a pregnant woman is
23eligible for the benefits specified in par. (c) during the period beginning on the day
24on which a qualified provider determines, on the basis of preliminary information,

1that the woman's family income does not exceed 300 percent of the poverty line and
2ending on the applicable day specified in subd. 3.
AB75-SSA1, s. 1339 3Section 1339. 49.471 (5) (b) 2. of the statutes is amended to read:
AB75-SSA1,627,84 49.471 (5) (b) 2. Except as provided in sub. (6) (a) 2., a child who is not an unborn
5child is eligible for the benefits described in s. 49.46 (2) (a) and (b) during the period
6beginning on the day on which a qualified entity determines, on the basis of
7preliminary information, that the child's family income does not exceed 150 percent
8of the poverty line and ending on the applicable day specified in subd. 3.
AB75-SSA1, s. 1340 9Section 1340. 49.471 (5) (c) of the statutes is renumbered 49.471 (5) (c) 2. and
10amended to read:
AB75-SSA1,627,1411 49.471 (5) (c) 2. On behalf of a woman under par. (b) 1. whose family income
12exceeds 200 percent of the poverty line
, the department shall audit and pay allowable
13charges to a provider certified under s. 49.45 (2) (a) 11. only for ambulatory prenatal
14care services under the benefits under sub. (11).
AB75-SSA1, s. 1341 15Section 1341. 49.471 (5) (c) 1. of the statutes is created to read:
AB75-SSA1,627,1916 49.471 (5) (c) 1. On behalf of a woman under par. (b) 1. whose family income
17does not exceed 200 percent of the poverty line, the department shall audit and pay
18allowable charges to a provider certified under s. 49.45 (2) (a) 11. only for ambulatory
19prenatal care services under the benefits described in s. 49.46 (2) (a) and (b).
AB75-SSA1, s. 1342 20Section 1342. 49.471 (6) (a) of the statutes is renumbered 49.471 (6) (a) 2. and
21amended to read:
AB75-SSA1,628,322 49.471 (6) (a) 2. Any pregnant woman, including a pregnant woman under sub
23(5) (b) 1.,
child who is not an unborn child, including a child under sub. (5) (b) 2.,
24parent, or caretaker relative whose family income is less than 150 percent of the
25poverty line is eligible for medical assistance under this section for any of the 3

1months prior to the month of application if the individual met the eligibility criteria
2under this section and had a family income of less than 150 percent of the poverty
3line in that month.
AB75-SSA1, s. 1343 4Section 1343. 49.471 (6) (a) 1. of the statutes is created to read:
AB75-SSA1,628,85 49.471 (6) (a) 1. Any pregnant woman, including a pregnant woman under sub.
6(5) (b) 1., is eligible for medical assistance under this section for any of the 3 months
7prior to the month of application if she met the eligibility criteria under this section
8in that month.
AB75-SSA1, s. 1344 9Section 1344. 49.471 (6) (e) of the statutes is repealed.
AB75-SSA1, s. 1345 10Section 1345. 49.471 (7) (b) 1. of the statutes is amended to read:
AB75-SSA1,628,2211 49.471 (7) (b) 1. A pregnant woman, or an unborn child, whose family income
12exceeds 300 percent of the poverty line may become eligible for coverage under this
13section if the difference between the pregnant woman's or unborn child's family
14income and the applicable income limit under sub. (4) (b) is obligated or expended
15for any member of the pregnant woman's or unborn child's family for medical care
16or any other type of remedial care recognized under state law or for personal health
17insurance premiums or for both. Eligibility obtained under this subdivision
18continues without regard to any change in family income for the balance of the
19pregnancy and, for a pregnant woman but not for an unborn child, to the last day of
20the month in which the 60th day after the last day of the woman's pregnancy falls.
21Eligibility obtained by a pregnant woman under this subdivision extends to all
22pregnant women in the pregnant woman's family.
AB75-SSA1, s. 1346 23Section 1346. 49.471 (7) (b) 2. of the statutes is amended to read:
AB75-SSA1,629,724 49.471 (7) (b) 2. A child who is not an unborn child and, whose family income
25exceeds 150 percent of the poverty line, and who is ineligible under this section solely

1because of sub. (8) (b)
may obtain eligibility under this section if the difference
2between the child's family income and 150 percent of the poverty line is obligated or
3expended on behalf of the child or any member of the child's family for medical care
4or any other type of remedial care recognized under state law or for personal health
5insurance premiums or for both. Eligibility obtained under this subdivision during
6any 6-month period, as determined by the department, continues for the remainder
7of the 6-month period and extends to all children in the family.
AB75-SSA1, s. 1347 8Section 1347. 49.471 (7) (b) 3. of the statutes is amended to read:
AB75-SSA1,629,179 49.471 (7) (b) 3. For a pregnant woman or an unborn child to obtain eligibility
10under subd. 1., the amount that must be obligated or expended in any 6-month
11period is equal to the sum of the differences in each of those 6 months between the
12pregnant woman's or unborn child's monthly family income and the monthly family
13income that is 300 percent of the poverty line. For a child to obtain eligibility under
14subd. 2., the amount that must be obligated or expended in any 6-month period is
15equal to the sum of the differences in each of those 6 months between the child's
16monthly family income and the monthly family income that is 150 percent of the
17poverty line.
AB75-SSA1, s. 1348 18Section 1348. 49.471 (7) (c) 1. of the statutes is amended to read:
AB75-SSA1,629,2119 49.471 (7) (c) 1. Deduct from family the individual's income, up to the amount
20of the individual's income,
any payments made by amount the individual is obligated
21to pay
for court-ordered child or family support or maintenance.
AB75-SSA1, s. 1349 22Section 1349. 49.471 (8) (d) 1. f. of the statutes is created to read:
AB75-SSA1,629,2323 49.471 (8) (d) 1. f. An individual described in sub. (4) (a) 7.
AB75-SSA1, s. 1350 24Section 1350. 49.471 (8) (d) 2. c. of the statutes is amended to read:
AB75-SSA1,630,8
149.471 (8) (d) 2. c. One or more members of the individual's family were eligible
2for other health insurance coverage or Medical Assistance under s. 49.46 or 49.47 at
3the time the employee failed to enroll in the health insurance coverage under par. (b)
41. and no member of the family was eligible for coverage under this section at that
5time or, if one or more members of the individual's family were eligible for coverage
6under this section at that time, family income did not exceed 150 percent of the
7poverty line or the individual qualified for a medical assistance eligibility extension
8as provided in sub. (4) (a) 7
.
AB75-SSA1, s. 1351 9Section 1351. 49.471 (10) (a) of the statutes is amended to read:
AB75-SSA1,630,1310 49.471 (10) (a) Copayments. Except as provided in s. 49.45 (18) (am) 2. and (b)
112.
, all cost-sharing provisions under s. 49.45 (18) apply to a recipient with coverage
12of the benefits described in s. 49.46 (2) (a) and (b) to the same extent as they apply
13to a person eligible for medical assistance under s. 49.46, 49.468, or 49.47.
AB75-SSA1, s. 1352 14Section 1352. 49.471 (10) (b) 4. g. of the statutes is created to read:
AB75-SSA1,630,1515 49.471 (10) (b) 4. g. An individual described in sub. (4) (a) 7.
AB75-SSA1, s. 1353 16Section 1353. 49.471 (10) (b) 5. of the statutes is amended to read:
AB75-SSA1,630,2317 49.471 (10) (b) 5. If a recipient who is required to pay a premium under this
18paragraph or under sub. (2m) or (4) (c) either does not pay a premium when due or
19requests that his or her coverage under this section be terminated
, the recipient's
20coverage terminates and the recipient is not eligible for BadgerCare Plus for 6
21consecutive calendar months following the date on which the recipient's coverage
22terminated, except for any month during that 6-month period when the recipient's
23family income does not exceed 150 percent of the poverty line
.
AB75-SSA1, s. 1354 24Section 1354. 49.471 (12) (b) of the statutes is amended to read:
AB75-SSA1,631,5
149.471 (12) (b) If the amendments to the state plan submitted under sub. (2)
2are approved and a waiver that is substantially consistent with all of the provisions
3of this section is granted and in effect, the department shall publish a notice in the
4Wisconsin Administrative Register that states the date on which BadgerCare Plus
5is implemented.
AB75-SSA1, s. 1355 6Section 1355. 49.493 (1) (b) of the statutes is amended to read:
AB75-SSA1,631,87 49.493 (1) (b) "Medical benefits or assistance" means medical benefits under
8s. 49.02 or 253.05 or medical assistance.
AB75-SSA1, s. 1356 9Section 1356. 49.665 (6) of the statutes is repealed.
AB75-SSA1, s. 1357 10Section 1357. 49.686 (2) of the statutes is amended to read:
AB75-SSA1,631,1511 49.686 (2) Reimbursement. From the appropriations appropriation accounts
12under s. 20.435 (5) (1) (am), (i), and (ma), the department may reimburse or
13supplement the reimbursement of the cost of AZT, the drug pentamidine, and any
14drug approved for reimbursement under sub. (4) (c) for an individual who is eligible
15under sub. (3).
AB75-SSA1, s. 1358 16Section 1358. 49.686 (3) (d) of the statutes is amended to read:
AB75-SSA1,631,2217 49.686 (3) (d) Has applied for coverage under and has been denied eligibility
18for medical assistance within 12 months prior to application for reimbursement
19under sub. (2). This paragraph does not apply to an individual who is eligible for
20benefits under the demonstration project for childless adults under s. 49.45 (23) or
21to an individual who is eligible for benefits under BadgerCare Plus under s. 49.471
22(11).
AB75-SSA1, s. 1359 23Section 1359. 49.686 (3) (f) of the statutes is amended to read:
AB75-SSA1,632,224 49.686 (3) (f) Is an individual whose annual gross household income is at or
25below 200% of the poverty line and, if funding is available under s. 20.435 (1) (i) or

1(m) or (5) (i), is an individual whose annual gross household income is above 200%
2and at or below 300% of the poverty line.
AB75-SSA1, s. 1360 3Section 1360. 49.686 (6) (title) of the statutes is amended to read:
AB75-SSA1,632,54 49.686 (6) (title) Health Insurance Risk-Sharing Plan pilot program
5coverage.
AB75-SSA1, s. 1361 6Section 1361. 49.686 (6) (a) (intro.) of the statutes is amended to read:
AB75-SSA1,632,127 49.686 (6) (a) (intro.) Subject to par. (b), the department shall conduct a 3-year
8pilot
program, to begin on January 1, 2008, under which the department may pay
9premiums for coverage under the Health Insurance Risk-Sharing Plan under subch.
10II of ch. 149, and pay copayments under that plan for prescription drugs for which
11reimbursement may be provided under sub. (2), for individuals who satisfy all of the
12following:
AB75-SSA1, s. 1362 13Section 1362. 49.686 (6) (b) of the statutes is amended to read:
AB75-SSA1,632,1614 49.686 (6) (b) The pilot program shall be open to a minimum of 100 participants
15at any given time, with more participants if the department determines that it is
16cost-effective.
AB75-SSA1, s. 1363 17Section 1363. 49.686 (6) (c) of the statutes is amended to read:
AB75-SSA1,632,2018 49.686 (6) (c) The department may promulgate rules for the administration of
19the pilot program. Notwithstanding s. 227.24 (3), rules under this paragraph may
20be promulgated as emergency rules under s. 227.24 without a finding of emergency.
AB75-SSA1, s. 1364 21Section 1364. 49.688 (1) (e) of the statutes is amended to read:
AB75-SSA1,632,2522 49.688 (1) (e) "Program payment rate" means the rate of payment made for the
23identical drug specified under s. 49.46 (2) (b) 6. h., plus 5%, plus a dispensing fee that
24is equal to the dispensing fee permitted to be charged for prescription drugs for which
25coverage is provided under s. 49.46 (2) (b) 6. h.
AB75-SSA1, s. 1365
1Section 1365. 49.688 (3) (d) of the statutes is amended to read:
AB75-SSA1,633,52 49.688 (3) (d) Notwithstanding s. 49.002, if If a person who is eligible under this
3section has other available coverage for payment of a prescription drug, this section
4applies only to costs for prescription drugs for the person that are not covered under
5the person's other available coverage.
AB75-SSA1, s. 1366 6Section 1366. 49.688 (8) of the statutes is repealed.
AB75-SSA1, s. 1367 7Section 1367. 49.688 (12) of the statutes is amended to read:
AB75-SSA1,633,118 49.688 (12) Except as provided in subs. (8) (8m) to (11) and except for the
9department's rule-making requirements and authority, the department may enter
10into a contract with an entity to perform the duties and exercise the powers of the
11department under this section.
AB75-SSA1, s. 1369 12Section 1369 . 49.775 (2) (bm) of the statutes is amended to read:
AB75-SSA1,633,2213 49.775 (2) (bm) The custodial parent assigns to the state any right of the
14custodial parent or of the dependent child to support from any other person accruing
15during the time that any payment under this subsection is made to the custodial
16parent
. No amount of support that begins to accrue after the individual ceases to
17receive payments under this section may be considered assigned to the state. Any
18money that is received by the department of children and families under an
19assignment to the state under this paragraph and that is not the federal share of
20support shall be paid to the custodial parent. The department of children and
21families shall pay the federal share of support assigned under this paragraph as
22required under federal law or waiver.
AB75-SSA1, s. 1369c 23Section 1369c. 49.775 (2) (bm) of the statutes, as affected by 2009 Wisconsin
24Act .... (this act), is amended to read:
AB75-SSA1,634,10
149.775 (2) (bm) The custodial parent assigns to the state any right of the
2custodial parent or of the dependent child to support from any other person accruing
3during the time that any payment under this subsection is made to the custodial
4parent. No amount of support that begins to accrue after the individual ceases to
5receive payments under this section may be considered assigned to the state. Any
6Seventy-five percent of all money that is received by the department of children and
7families under an assignment to the state under this paragraph and that is not the
8federal share of support
shall be paid to the custodial parent. The department of
9children and families shall pay the federal share of support assigned under this
10paragraph as required under federal law or waiver.
AB75-SSA1, s. 1370 11Section 1370. 49.775 (2m) of the statutes is created to read:
AB75-SSA1,634,1512 49.775 (2m) Disregard of support. In determining a custodial parent's
13eligibility under this section, the department shall, for purposes of determining the
14custodial parent's income, disregard any court-ordered support that is received by
15or owed to the custodial parent.
AB75-SSA1, s. 1371 16Section 1371. 49.776 of the statutes is created to read:
AB75-SSA1,634,23 1749.776 Payment of support arrears. If a custodial parent who formerly
18received payments under s. 49.775 but who is no longer receiving payments under
19s. 49.775 assigned to the state under s. 49.775 (2) (bm) his or her right or the right
20of the dependent child to support from any other person, the department shall pay
21to the custodial parent all money in support arrears that is collected by the
22department after the custodial parent's receipt of payments under s. 49.775 ceased
23and that accrued while the custodial parent was receiving those payments.
AB75-SSA1, s. 1371p 24Section 1371p. 49.78 (8) (a) of the statutes is amended to read:
AB75-SSA1,635,10
149.78 (8) (a) From the appropriation accounts under s. 20.435 (4) (bn) and (nn)
2and subject to par. (b), the department shall reimburse each county and tribal
3governing body that contracts with the department under sub. (2) for reasonable
4costs of administering the income maintenance programs, including conducting
5fraud prevention activities
. The amount of each reimbursement paid under this
6paragraph shall be calculated using a formula based on workload within the limits
7of available state and federal funds under s. 20.435 (4) (bn) and (nn) by contract
8under sub. (2). The amount of reimbursement calculated under this paragraph and
9par. (b) is in addition to any reimbursement provided to a county or tribal governing
10body for fraud and error reduction under s. 49.197 or 49.845.
AB75-SSA1, s. 1371r 11Section 1371r. 49.78 (8) (c) of the statutes is created to read:
AB75-SSA1,635,1912 49.78 (8) (c) From the appropriation under s. 20.435 (4) (np), the department
13shall provide supplemental funding to tribal governing bodies and counties for
14administration of the food stamp program. During the 2009-10 fiscal biennium, the
15department shall allocate $4,550,000 of the total funding under this paragraph
16among tribal governing bodies and counties other than counties having populations
17of 500,000 or more for food stamp program administration and shall allocate the
18remainder of the federal funding for the department's administration of the food
19stamp program in Milwaukee County.
AB75-SSA1, s. 1371s 20Section 1371s. 49.78 (8) (c) of the statutes, as created by 2009 Wisconsin Act
21.... (this act), is repealed.
AB75-SSA1, s. 1373 22Section 1373. 49.79 (1) (fm) of the statutes is created to read:
AB75-SSA1,635,2323 49.79 (1) (fm) "School" means any of the following:
Loading...
Loading...