AB75: Bill Text

AB75, s. 1346 Section 1346. 49.471 (7) (b) 2. of the statutes is amended to read:

AB75,666,24 49.471 (7) (b) 2. A child who is not an unborn child and, whose family income exceeds 150 percent of the poverty line, and who is ineligible under this section solely because of sub. (8) (b) may obtain eligibility under this section if the difference between the child's family income and 150 percent of the poverty line is obligated or expended on behalf of the child or any member of the child's family for medical care or any other type of remedial care recognized under state law or for personal health insurance premiums or for both. Eligibility obtained under this subdivision during any 6-month period, as determined by the department, continues for the remainder of the 6-month period and extends to all children in the family.

AB75, s. 1347 Section 1347. 49.471 (7) (b) 3. of the statutes is amended to read:

AB75,667,9 49.471 (7) (b) 3. For a pregnant woman or an unborn child to obtain eligibility under subd. 1., the amount that must be obligated or expended in any 6-month period is equal to the sum of the differences in each of those 6 months between the pregnant woman's or unborn child's monthly family income and the monthly family income that is 300 percent of the poverty line. For a child to obtain eligibility under subd. 2., the amount that must be obligated or expended in any 6-month period is equal to the sum of the differences in each of those 6 months between the child's monthly family income and the monthly family income that is 150 percent of the poverty line.

AB75, s. 1348 Section 1348. 49.471 (7) (c) 1. of the statutes is amended to read:

AB75,667,13 49.471 (7) (c) 1. Deduct from family the individual's income, up to the amount of the individual's income, any payments made by amount the individual is obligated to pay for court-ordered child or family support or maintenance.

AB75, s. 1349 Section 1349. 49.471 (8) (d) 1. f. of the statutes is created to read:

AB75,667,15 49.471 (8) (d) 1. f. An individual described in sub. (4) (a) 7.

AB75, s. 1350 Section 1350. 49.471 (8) (d) 2. c. of the statutes is amended to read:

AB75,667,24 49.471 (8) (d) 2. c. One or more members of the individual's family were eligible for other health insurance coverage or Medical Assistance under s. 49.46 or 49.47 at the time the employee failed to enroll in the health insurance coverage under par. (b) 1. and no member of the family was eligible for coverage under this section at that time or, if one or more members of the individual's family were eligible for coverage under this section at that time, family income did not exceed 150 percent of the poverty line or the individual qualified for a medical assistance eligibility extension as provided in sub. (4) (a) 7.

AB75, s. 1351 Section 1351. 49.471 (10) (a) of the statutes is amended to read:

AB75,668,4 49.471 (10) (a) Copayments. Except as provided in s. 49.45 (18) (am) 2. and (b) 2., all cost-sharing provisions under s. 49.45 (18) apply to a recipient with coverage of the benefits described in s. 49.46 (2) (a) and (b) to the same extent as they apply to a person eligible for medical assistance under s. 49.46, 49.468, or 49.47.

AB75, s. 1352 Section 1352. 49.471 (10) (b) 4. g. of the statutes is created to read:

AB75,668,6 49.471 (10) (b) 4. g. An individual described in sub. (4) (a) 7.

AB75, s. 1353 Section 1353. 49.471 (10) (b) 5. of the statutes is amended to read:

AB75,668,14 49.471 (10) (b) 5. If a recipient who is required to pay a premium under this paragraph or under sub. (2m) or (4) (c) either does not pay a premium when due or requests that his or her coverage under this section be terminated, the recipient's coverage terminates and the recipient is not eligible for BadgerCare Plus for 6 consecutive calendar months following the date on which the recipient's coverage terminated, except for any month during that 6-month period when the recipient's family income does not exceed 150 percent of the poverty line.

AB75, s. 1354 Section 1354. 49.471 (12) (b) of the statutes is amended to read:

AB75,668,20 49.471 (12) (b) If the amendments to the state plan submitted under sub. (2) are approved and a waiver that is substantially consistent with all of the provisions of this section is granted and in effect, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which BadgerCare Plus is implemented.

AB75, s. 1355 Section 1355. 49.493 (1) (b) of the statutes is amended to read:

AB75,668,23 49.493 (1) (b) "Medical benefits or assistance" means medical benefits under s. 49.02 or 253.05 or medical assistance.

AB75, s. 1356 Section 1356. 49.665 (6) of the statutes is repealed.

AB75, s. 1357 Section 1357. 49.686 (2) of the statutes is amended to read:

AB75,669,5 49.686 (2) Reimbursement. From the appropriations appropriation accounts under s. 20.435 (5) (1) (am), (i), and (ma), the department may reimburse or supplement the reimbursement of the cost of AZT, the drug pentamidine, and any drug approved for reimbursement under sub. (4) (c) for an individual who is eligible under sub. (3).

AB75, s. 1358 Section 1358. 49.686 (3) (d) of the statutes is amended to read:

AB75,669,12 49.686 (3) (d) Has applied for coverage under and has been denied eligibility for medical assistance within 12 months prior to application for reimbursement under sub. (2). This paragraph does not apply to an individual who is eligible for benefits under the demonstration project for childless adults under s. 49.45 (23) or to an individual who is eligible for benefits under BadgerCare Plus under s. 49.471 (11).

AB75, s. 1359 Section 1359. 49.686 (3) (f) of the statutes is amended to read:

AB75,669,17 49.686 (3) (f) Is an individual whose annual gross household income is at or below 200% of the poverty line and, if funding is available under s. 20.435 (1) (i) or (m) or (5) (i), is an individual whose annual gross household income is above 200% and at or below 300% of the poverty line.

AB75, s. 1360 Section 1360. 49.686 (6) (title) of the statutes is amended to read:

AB75,669,20 49.686 (6) (title) Health Insurance Risk-Sharing Plan pilot program coverage.

AB75, s. 1361 Section 1361. 49.686 (6) (a) (intro.) of the statutes is amended to read:

AB75,670,2 49.686 (6) (a) (intro.) Subject to par. (b), the department shall conduct a 3-year pilot program, to begin on January 1, 2008, under which the department may pay premiums for coverage under the Health Insurance Risk-Sharing Plan under subch. II of ch. 149, and pay copayments under that plan for prescription drugs for which reimbursement may be provided under sub. (2), for individuals who satisfy all of the following:

AB75, s. 1362 Section 1362. 49.686 (6) (b) of the statutes is amended to read:

AB75,670,6 49.686 (6) (b) The pilot program shall be open to a minimum of 100 participants at any given time, with more participants if the department determines that it is cost-effective.

AB75, s. 1363 Section 1363. 49.686 (6) (c) of the statutes is amended to read:

AB75,670,10 49.686 (6) (c) The department may promulgate rules for the administration of the pilot program. Notwithstanding s. 227.24 (3), rules under this paragraph may be promulgated as emergency rules under s. 227.24 without a finding of emergency.

AB75, s. 1364 Section 1364. 49.688 (1) (e) of the statutes is amended to read:

AB75,670,15 49.688 (1) (e) "Program payment rate" means the rate of payment made for the identical drug specified under s. 49.46 (2) (b) 6. h., plus 5%, plus a dispensing fee that is equal to the dispensing fee permitted to be charged for prescription drugs for which coverage is provided under s. 49.46 (2) (b) 6. h.

AB75, s. 1365 Section 1365. 49.688 (3) (d) of the statutes is amended to read:

AB75,670,20 49.688 (3) (d) Notwithstanding s. 49.002, if If a person who is eligible under this section has other available coverage for payment of a prescription drug, this section applies only to costs for prescription drugs for the person that are not covered under the person's other available coverage.

AB75, s. 1366 Section 1366. 49.688 (8) of the statutes is repealed.

AB75, s. 1367 Section 1367. 49.688 (12) of the statutes is amended to read:

AB75,671,2 49.688 (12) Except as provided in subs. (8) (8m) to (11) and except for the department's rule-making requirements and authority, the department may enter into a contract with an entity to perform the duties and exercise the powers of the department under this section.

AB75, s. 1368 Section 1368. 49.775 (2) (bm) of the statutes is amended to read:

AB75,671,12 49.775 (2) (bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any Seventy-five percent of all money that is received by the department of children and families under an assignment to the state under this paragraph and that is not the federal share of support shall be paid to the custodial parent. The department of children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

AB75, s. 1369 Section 1369 . 49.775 (2) (bm) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,671,24 49.775 (2) (bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person accruing during the time that any payment under this subsection is made to the custodial parent. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Seventy-five percent of all money that is received by the department of children and families under an assignment to the state under this paragraph shall be paid to the custodial parent. The department of children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

AB75, s. 1370 Section 1370. 49.775 (2m) of the statutes is created to read:

AB75,672,4 49.775 (2m) Disregard of support. In determining a custodial parent's eligibility under this section, the department shall, for purposes of determining the custodial parent's income, disregard any court-ordered support that is received by or owed to the custodial parent.

AB75, s. 1371 Section 1371. 49.776 of the statutes is created to read:

AB75,672,12 49.776 Payment of support arrears. If a custodial parent who formerly received payments under s. 49.775 but who is no longer receiving payments under s. 49.775 assigned to the state under s. 49.775 (2) (bm) his or her right or the right of the dependent child to support from any other person, the department shall pay to the custodial parent all money in support arrears that is collected by the department after the custodial parent's receipt of payments under s. 49.775 ceased and that accrued while the custodial parent was receiving those payments.

AB75, s. 1372 Section 1372. 49.79 (1) (f) of the statutes is repealed.

AB75, s. 1373 Section 1373. 49.79 (1) (fm) of the statutes is created to read:

AB75,672,15 49.79 (1) (fm) "School" means any of the following:

AB75,672,16 1. A public school, as described in s. 115.01 (1).

AB75,672,17 2. A private school, as defined in s. 115.001 (3r).

AB75,672,18 3. A technical college pursuant to a contract under s. 118.15 (2).

AB75,672,21 4. A course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.

AB75, s. 1374 Section 1374. 49.79 (8) of the statutes is repealed.

AB75, s. 1375 Section 1375. 49.79 (9) (a) 3. of the statutes is amended to read:

AB75,673,3 49.79 (9) (a) 3. The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program, or an institution of higher education.

AB75, s. 1376 Section 1376. 49.797 (2) (a) of the statutes is amended to read:

AB75,673,12 49.797 (2) (a) Except Notwithstanding s. 46.028 and except as provided in par. (b) and sub. (8), the department shall administer a statewide program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system. All suppliers, as defined in s. 49.795 (1) (d), may participate in the delivery of food stamp benefits under the electronic benefit transfer system. The department shall explore methods by which nontraditional retailers, such as farmers' markets, may participate in the delivery of food stamp benefits under the electronic benefit transfer system.

AB75, s. 1377 Section 1377. 49.83 of the statutes is amended to read:

AB75,673,24 49.83 Limitation on giving information. Except as provided under s. ss. 49.32 (9), (10), and (10m) and 49.45 (19m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social services, child and spousal support and establishment of paternity and medical support liability services under s. 49.22, or supplemental payments under s. 49.77 for any purpose not connected with the administration of the programs, except that the department of children and families may disclose such information to the department of revenue for the sole purpose of administering state taxes. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB75, s. 1378 Section 1378. 49.84 (3) of the statutes is repealed.

AB75, s. 1379 Section 1379. 49.84 (4) of the statutes is repealed.

AB75, s. 1380 Section 1380. 49.895 of the statutes is created to read:

AB75,674,3 49.895 Insurance claim intercept. (1) In this section:

AB75,674,5 (a) "Medical assistance liability" means an amount that the department of health services may recover under s. 49.497, 49.847, or 49.89.

AB75,674,7 (b) "Support liability" means an amount that is entered in the statewide support lien docket under s. 49.854.

AB75,674,9 (2) Before paying an insurance claim of $500 or more to any individual, an insurer that is authorized to do business in this state shall do all of the following:

AB75,674,12 (a) Verify with the department of health services, in the manner required by that department, whether the individual to whom the claim is to be paid has a medical assistance liability.

AB75,674,14 (b) Check the statewide support lien docket to determine whether the individual to whom the claim is to be paid has a support liability.

AB75,674,17 (3) If an individual to whom a claim of $500 or more is to be paid has a support liability or a medical assistance liability, or both, the insurer shall distribute the claim proceeds as follows:

AB75,674,20 (a) First, if there is a support liability, to the department of children and families to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.

AB75,674,23 (b) Next, if there is a medical assistance liability, to the department of health services to pay the medical assistance liability, up to the amount of the medical assistance liability or the amount of the claim proceeds remaining, whichever is less.

AB75,674,24 (c) Last, to the individual, the remainder of the claim proceeds, if any.

AB75,675,5 (4) The department of health services shall promulgate rules for the administration of this section, including procedures for insurers to follow and any notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this subsection may be promulgated as emergency rules under s. 227.24 without a finding of emergency.

AB75, s. 1381 Section 1381. 49.96 of the statutes is amended to read:

AB75,675,12 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or (c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment , and every other process and shall be inalienable.

AB75, s. 1382 Section 1382. 50.01 (1) (intro.) of the statutes is amended to read:

AB75,675,15 50.01 (1) (intro.) "Adult family home" means one of the following and does not include a place that is specified in sub. (1g) (a) to (d), (f), or (g):

AB75, s. 1383 Section 1383. 50.01 (1) (a) 1. of the statutes is amended to read:

AB75,676,2 50.01 (1) (a) 1. Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in s. 51.01 (5), or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4, or more adults or children if all of the adults or all of the children are siblings, or, if the residence is licensed as a treatment foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4.

AB75, s. 1384 Section 1384. 50.01 (1) (a) 2. of the statutes is amended to read:

AB75,676,6 50.01 (1) (a) 2. The private residence was licensed under s. 48.62 as a foster home or treatment foster home for the care of the adults specified in subd. 1. at least 12 months before any of the adults attained 18 years of age.

AB75, s. 1385 Section 1385. 50.01 (1) (b) of the statutes is amended to read: