Amendment ASA1-AB40

AB40-ASA1, s. 1430e Section 1430e. 49.45 (6m) (n) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB40-ASA1, s. 1431 Section 1431. 49.45 (6tw) of the statutes is amended to read:

AB40-ASA1,576,4 49.45 (6tw) Payments to city health departments. From the appropriation account under s. 20.435 (7) (b), if the department selects the payment procedure under s. 49.45 (52) (a), the department may make payments to local health departments, as defined under s. 250.01 (4) (a) 3. Payment under this subsection to such a local health department may not exceed on an annualized basis payment made by the department to the local health department under s. 49.45 (6t), 2003 stats., for services provided by the local health department in 2002.

AB40-ASA1, s. 1432 Section 1432. 49.45 (6v) (b) of the statutes is amended to read:

AB40-ASA1,576,11 49.45 (6v) (b) The department shall, each year, submit to the joint committee on finance a report for the previous fiscal year, except for the 1997-98 fiscal year, that provides information on the utilization of beds by recipients of medical assistance in facilities and a discussion and detailed projection of the likely balances, expenditures, encumbrances and carry over of currently appropriated amounts in the appropriation accounts under s. 20.435 (4) (b), (gm), and (o).

AB40-ASA1, s. 1433d Section 1433d. 49.45 (6x) (a) of the statutes is renumbered 49.45 (6x) (a) (intro.) and amended to read:

AB40-ASA1,576,19 49.45 (6x) (a) (intro.) Notwithstanding sub. (3) (e), from the appropriation accounts under s. 20.435 (4) (b), (gm), (o), and (w), the department shall distribute not more than $4,748,000 in each fiscal year, to provide funds to an essential access city hospital all of the following, except that the department may not allocate funds to an essential access city a hospital to the extent that the allocation would exceed any limitation under 42 USC 1396b (i) (3).:

AB40-ASA1, s. 1433f Section 1433f. 49.45 (6x) (a) 1. to 3. of the statutes are created to read:

AB40-ASA1,576,24 49.45 (6x) (a) 1. Not more than $2,997,700 in fiscal year 2011-12 and not more than $2,988,700 in each fiscal year after fiscal year 2011-12 to an essential access city hospital that has previously received the supplemental payment for being an essential access city hospital.

AB40-ASA1,577,5 2. Not more than $999,200 in fiscal year 2011-12 and not more than $996,200 in each fiscal year after fiscal year 2011-12 to a hospital that would qualify for an essential access city hospital supplemental payment, under the criteria described in the 2010-11 inpatient hospital state plan, except that the hospital did not meet the criteria to be an essential access city hospital during fiscal year 1995-96.

AB40-ASA1,577,8 3. If the federal department of health and human services allows the payment, $300,000 from the appropriation account under s. 20.435 (4) (b) annually to a hospital that meets all of the following criteria:

AB40-ASA1,577,10 a. The hospital is located in a city that has a municipal border that is also a state border.

AB40-ASA1,577,12 b. The hospital has a Medical Assistance recipient patient mix that consists of at least 25 percent of residents from a state that borders this state.

AB40-ASA1,577,14 c. The hospital is located in a city with a poverty level, as determined from the 2000 U.S. census, that is greater than 5 percent.

AB40-ASA1,577,15 d. The hospital is located in a city with a population of less than 15,000 people.

AB40-ASA1, s. 1434 Section 1434. 49.45 (6y) (a) of the statutes is amended to read:

AB40-ASA1,578,2 49.45 (6y) (a) Notwithstanding sub. (3) (e), from the appropriation accounts under s. 20.435 (4) (b), (gm), (o), and (w), the department may distribute funding in each fiscal year to provide supplemental payment to hospitals that enter into a contract under s. 49.02 (2) to provide health care services funded by a relief block grant, as determined by the department, for hospital services that are not in excess of the hospitals' customary charges for the services, as limited under 42 USC 1396b (i) (3). If no relief block grant is awarded under this chapter or if the allocation of funds to such hospitals would exceed any limitation under 42 USC 1396b (i) (3), the department may distribute funds to hospitals that have not entered into a contract under s. 49.02 (2).

AB40-ASA1, s. 1435 Section 1435. 49.45 (6z) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,578,15 49.45 (6z) (a) (intro.) Notwithstanding sub. (3) (e), from the appropriation accounts under s. 20.435 (4) (b), (gm), (o), and (w), the department may distribute funding in each fiscal year to supplement payment for services to hospitals that enter into indigent care agreements, in accordance with the approved state plan for services under 42 USC 1396a, with relief agencies that administer the medical relief block grant under this chapter, if the department determines that the hospitals serve a disproportionate number of low-income patients with special needs. If no medical relief block grant under this chapter is awarded or if the allocation of funds to such hospitals would exceed any limitation under 42 USC 1396b (i) (3), the department may distribute funds to hospitals that have not entered into indigent care agreements. The department may not distribute funds under this subsection to the extent that the distribution would do any of the following:

AB40-ASA1, s. 1435y Section 1435y. 49.45 (8) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,578,23 49.45 (8) (b) Unless otherwise provided by the department by a policy created under sub. (2m) (c), reimbursement under s. 20.435 (4) (b), (gm), (o), and (w) for home health services provided by a certified home health agency or independent nurse shall be made at the home health agency's or nurse's usual and customary fee per patient care visit, subject to a maximum allowable fee per patient care visit that is established under par. (c).

AB40-ASA1, s. 1436b Section 1436b. 49.45 (8) (b) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,579,6 49.45 (8) (b) Unless otherwise provided by the department by a policy created under sub. (2m) (c), reimbursement Reimbursement under s. 20.435 (4) (b), (gm), (o), and (w) for home health services provided by a certified home health agency or independent nurse shall be made at the home health agency's or nurse's usual and customary fee per patient care visit, subject to a maximum allowable fee per patient care visit that is established under par. (c).

AB40-ASA1, s. 1436h Section 1436h. 49.45 (8) (c) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,579,14 49.45 (8) (c) The department shall establish a maximum statewide allowable fee per patient care visit, for each type of visit with respect to provider, that may be no greater than the cost per patient care visit, as determined by the department from cost reports of home health agencies, adjusted for costs related to case management, care coordination, travel, record keeping and supervision, unless otherwise provided by the department by a policy created under sub. (2m) (c).

AB40-ASA1, s. 1436i Section 1436i. 49.45 (8) (c) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,579,22 49.45 (8) (c) The department shall establish a maximum statewide allowable fee per patient care visit, for each type of visit with respect to provider, that may be no greater than the cost per patient care visit, as determined by the department from cost reports of home health agencies, adjusted for costs related to case management, care coordination, travel, record keeping and supervision, unless otherwise provided by the department by a policy created under sub. (2m) (c).

AB40-ASA1, s. 1436y Section 1436y. 49.45 (8r) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,580,8 49.45 (8r) Payment for certain obstetric and gynecological care. Unless otherwise provided by the department by a policy created under sub. (2m) (c), the rate of payment for obstetric and gynecological care provided in primary care shortage areas, as defined in s. 36.60 (1) (cm), or provided to recipients of medical assistance who reside in primary care shortage areas, that is equal to 125% of the rates paid under this section to primary care physicians in primary care shortage areas, shall be paid to all certified primary care providers who provide obstetric or gynecological care to those recipients.

AB40-ASA1, s. 1437b Section 1437b. 49.45 (8r) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,580,18 49.45 (8r) Payment for certain obstetric and gynecological care. Unless otherwise provided by the department by a policy created under sub. (2m) (c), the The rate of payment for obstetric and gynecological care provided in primary care shortage areas, as defined in s. 36.60 (1) (cm), or provided to recipients of medical assistance who reside in primary care shortage areas, that is equal to 125% of the rates paid under this section to primary care physicians in primary care shortage areas, shall be paid to all certified primary care providers who provide obstetric or gynecological care to those recipients.

AB40-ASA1, s. 1437e Section 1437e. 49.45 (8v) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,581,6 49.45 (8v) Incentive-based pharmacy payment system. The department shall establish a system of payment to pharmacies for legend and over-the-counter drugs provided to recipients of medical assistance that has financial incentives for pharmacists who perform services that result in savings to the medical assistance program. Under this system, the department shall establish a schedule of fees that is designed to ensure that any incentive payments made are equal to or less than the documented savings unless otherwise provided by the department by a policy created under sub. (2m) (c). The department may discontinue the system established under this subsection if the department determines, after performance of a study, that payments to pharmacists under the system exceed the documented savings under the system.

AB40-ASA1, s. 1437f Section 1437f. 49.45 (8v) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,581,19 49.45 (8v) Incentive-based pharmacy payment system. The department shall establish a system of payment to pharmacies for legend and over-the-counter drugs provided to recipients of medical assistance that has financial incentives for pharmacists who perform services that result in savings to the medical assistance program. Under this system, the department shall establish a schedule of fees that is designed to ensure that any incentive payments made are equal to or less than the documented savings unless otherwise provided by the department by a policy created under sub. (2m) (c). The department may discontinue the system established under this subsection if the department determines, after performance of a study, that payments to pharmacists under the system exceed the documented savings under the system.

AB40-ASA1, s. 1437h Section 1437h. 49.45 (9p) of the statutes is created to read:

AB40-ASA1,581,23 49.45 (9p) Prior authorization prohibited for wheelchair repairs. (a) In this subsection, "recipient of medical assistance" means an individual who receives medical assistance under any of the following:

AB40-ASA1,581,24 1. A program operated under this subchapter.

AB40-ASA1,581,25 2. A demonstration program operated under 42 USC 1315.

AB40-ASA1,582,2 3. A program operated under a waiver of federal law relating to medical assistance that is granted by the federal department of health and human services.

AB40-ASA1,582,5 (b) The department may not require any person to obtain prior authorization from the department for a repair to a wheelchair used by a recipient of medical assistance that satisfies the following criteria:

AB40-ASA1,582,6 1. If the repair is to a power wheelchair, the cost of the repair is less than $300.

AB40-ASA1,582,7 2. If the repair is to a manual wheelchair, the cost of the repair is less than $150.

AB40-ASA1,582,9 3. The cost of the repair is a covered benefit under the program of which the individual is a recipient.

AB40-ASA1, s. 1437j Section 1437j. 49.45 (18) (ac) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,582,24 49.45 (18) (ac) Except as provided in pars. (am) to (d), and subject to par. (ag), any person eligible for medical assistance under s. 49.46, 49.468, or 49.47, or for the benefits under s. 49.46 (2) (a) and (b) under s. 49.471 shall pay up to the maximum amounts allowable under 42 CFR 447.53 to 447.58 for purchases of services provided under s. 49.46 (2). The service provider shall collect the specified or allowable copayment, coinsurance, or deductible, unless the service provider determines that the cost of collecting the copayment, coinsurance, or deductible exceeds the amount to be collected. The department shall reduce payments to each provider by the amount of the specified or allowable copayment, coinsurance, or deductible. Unless otherwise provided by the department by a policy created under sub. (2m) (c), no provider may deny care or services because the recipient is unable to share costs, but an inability to share costs specified in this subsection does not relieve the recipient of liability for these costs.

AB40-ASA1, s. 1437k Section 1437k. 49.45 (18) (ac) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,583,15 49.45 (18) (ac) Except as provided in pars. (am) to (d), and subject to par. (ag), any person eligible for medical assistance under s. 49.46, 49.468, or 49.47, or for the benefits under s. 49.46 (2) (a) and (b) under s. 49.471 shall pay up to the maximum amounts allowable under 42 CFR 447.53 to 447.58 for purchases of services provided under s. 49.46 (2). The service provider shall collect the specified or allowable copayment, coinsurance, or deductible, unless the service provider determines that the cost of collecting the copayment, coinsurance, or deductible exceeds the amount to be collected. The department shall reduce payments to each provider by the amount of the specified or allowable copayment, coinsurance, or deductible. Unless otherwise provided by the department by a policy created under sub. (2m) (c), no No provider may deny care or services because the recipient is unable to share costs, but an inability to share costs specified in this subsection does not relieve the recipient of liability for these costs.

AB40-ASA1, s. 1437n Section 1437n. 49.45 (18) (ag) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,583,20 49.45 (18) (ag) (intro.) Except as provided in pars. (am), (b), and (c), and subject to par. (d), a recipient specified in par. (ac) shall pay all of the following, unless otherwise provided by the department by a policy created under sub. (2m) (c):

AB40-ASA1, s. 1437o Section 1437o. 49.45 (18) (ag) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,583,25 49.45 (18) (ag) (intro.) Except as provided in pars. (am), (b), and (c), and subject to par. (d), a recipient specified in par. (ac) shall pay all of the following, unless otherwise provided by the department by a policy created under sub. (2m) (c):

AB40-ASA1, s. 1437q Section 1437q. 49.45 (18) (b) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,584,5 49.45 (18) (b) (intro.) Unless otherwise provided by the department by a policy created under sub. (2m) (c), the following services are not subject to recipient cost sharing under this subsection:

AB40-ASA1, s. 1437r Section 1437r. 49.45 (18) (b) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,584,10 49.45 (18) (b) (intro.) Unless otherwise provided by the department by a policy created under sub. (2m) (c), the The following services are not subject to recipient cost sharing under this subsection:

AB40-ASA1, s. 1437t Section 1437t. 49.45 (18) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,584,17 49.45 (18) (d) No person who designates a pharmacy or pharmacist as his or her sole provider of prescription drugs and who so uses that pharmacy or pharmacist is liable under this subsection for more than $12 per month for prescription drugs received, unless otherwise provided by the department by a policy created under sub. (2m) (c).

AB40-ASA1, s. 1437u Section 1437u. 49.45 (18) (d) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,584,24 49.45 (18) (d) No person who designates a pharmacy or pharmacist as his or her sole provider of prescription drugs and who so uses that pharmacy or pharmacist is liable under this subsection for more than $12 per month for prescription drugs received, unless otherwise provided by the department by a policy created under sub. (2m) (c).

AB40-ASA1, s. 1438d Section 1438d. 49.45 (23) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,585,11 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage for basic primary and preventive care to adults who are under the age of 65, who have family incomes not to exceed 200 percent of the poverty line, and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq. If the department creates a policy under sub. (2m) (c) 10., this paragraph does not apply to the extent that it conflicts with the policy.

AB40-ASA1, s. 1438e Section 1438e. 49.45 (23) (a) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,585,22 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage for basic primary and preventive care to adults who are under the age of 65, who have family incomes not to exceed 200 percent of the poverty line, and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq. If the department creates a policy under sub. (2m) (c) 10., this paragraph does not apply to the extent that it conflicts with the policy.

AB40-ASA1, s. 1438h Section 1438h. 49.45 (23) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,586,9 49.45 (23) (b) If the waiver is granted and in effect, the department may promulgate rules defining the health care benefit plan, including more specific eligibility requirements and cost-sharing requirements. Unless otherwise provided by the department by a policy created under sub. (2m) (c), cost sharing may include an annual enrollment fee, which may not exceed $75 per year. Notwithstanding s. 227.24 (3), the plan details under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency. If the waiver is granted and in effect, the demonstration project under this subsection shall begin on January 1, 2009, or on the effective date of the waiver, whichever is later.

AB40-ASA1, s. 1438i Section 1438i. 49.45 (23) (b) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,586,21 49.45 (23) (b) If the waiver is granted and in effect, the department may promulgate rules defining the health care benefit plan, including more specific eligibility requirements and cost-sharing requirements. Unless otherwise provided by the department by a policy created under sub. (2m) (c), cost Cost sharing may include an annual enrollment fee, which may not exceed $75 per year. Notwithstanding s. 227.24 (3), the plan details under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency. If the waiver is granted and in effect, the demonstration project under this subsection shall begin on January 1, 2009, or on the effective date of the waiver, whichever is later.

AB40-ASA1, s. 1438L Section 1438L. 49.45 (24g) (c) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,587,8 49.45 (24g) (c) The department's proposal under par. (a) shall specify increases in reimbursement rates for providers that satisfy the conditions under par. (a) 1. or 2., and shall provide for payment of a monthly per-patient care coordination fee to those providers. The department shall set the increases in reimbursement rates and the monthly per-patient care coordination fee so that together they provide sufficient incentive for providers to satisfy a condition under par. (a) 1. or 2. The proposal shall specify effective dates for the increases in reimbursement rates and the monthly per-patient care coordination fee that are no sooner than July 1, 2011. If the department creates a policy under sub. (2m) (c) 4., this paragraph does not apply to the extent that it conflicts with the policy.

AB40-ASA1, s. 1438m Section 1438m. 49.45 (24g) (c) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,587,20 49.45 (24g) (c) The department's proposal under par. (a) shall specify increases in reimbursement rates for providers that satisfy the conditions under par. (a) 1. or 2., and shall provide for payment of a monthly per-patient care coordination fee to those providers. The department shall set the increases in reimbursement rates and the monthly per-patient care coordination fee so that together they provide sufficient incentive for providers to satisfy a condition under par. (a) 1. or 2. The proposal shall specify effective dates for the increases in reimbursement rates and the monthly per-patient care coordination fee that are no sooner than July 1, 2011. If the department creates a policy under sub. (2m) (c) 4., this paragraph does not apply to the extent that it conflicts with the policy.

AB40-ASA1, s. 1439 Section 1439. 49.45 (24m) (intro.) of the statutes is amended to read:

AB40-ASA1,588,2 49.45 (24m) (intro.) From the appropriation accounts under s. 20.435 (4) (b), (gm), (o), and (w), in order to test the feasibility of instituting a system of reimbursement for providers of home health care and personal care services for medical assistance recipients that is based on competitive bidding, the department shall:

AB40-ASA1, s. 1439n Section 1439n. 49.45 (24r) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB40-ASA1, s. 1439w Section 1439w. 49.45 (24r) (a) of the statutes is amended to read:

AB40-ASA1,588,12 49.45 (24r) (a) The department shall implement any waiver granted by the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide family planning, as defined in s. 253.07 (1) (a), under medical assistance to any woman between the ages of 15 and 44 whose family income does not exceed 200% of the poverty line for a family the size of the woman's family. If the department creates a policy under sub. (2m) (c) 10., this paragraph does not apply to the extent that it conflicts with the policy.

AB40-ASA1, s. 1439x Section 1439x. 49.45 (24r) (b) of the statutes is amended to read:

AB40-ASA1,588,20 49.45 (24r) (b) The department may request an amended waiver from the secretary to permit the department to conduct a demonstration project to provide family planning to any man between the ages of 15 and 44 whose family income does not exceed 200 percent of the poverty line for a family the size of the man's family. If the amended waiver is granted, the department may implement the waiver. If the department creates a policy under sub. (2m) (c) 10., this paragraph does not apply to the extent that it conflicts with the policy.

AB40-ASA1, s. 1441b Section 1441b. 49.45 (24s) of the statutes is created to read:

AB40-ASA1,589,4 49.45 (24s) Family planning project. (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to provide optional services for family planning, as defined in s. 253.07 (1) (a), under medical assistance to any female between the ages of 15 and 44 whose family income does not exceed 200 percent of the poverty line for a family the size of the female's family, unless otherwise provided by the department by a policy created under sub. (2m) (c) 10. The department shall implement any waiver granted.

AB40-ASA1,589,7 (b) The department shall request a waiver, or an amendment to the waiver requested under par. (a), from the secretary of the federal department of health and human services to require all of the following:

AB40-ASA1,589,9 1. As a condition of receiving services under par. (a), parental notification for family planning services for any female under 18 years of age.

AB40-ASA1,589,12 2. The department to determine eligibility to receive family planning services under par. (a) for a female under 18 years of age using the family income of the female's parent or guardian instead of only the female's income.

AB40-ASA1, s. 1441bg Section 1441bg. 49.45 (24s) (a) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,589,21 49.45 (24s) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to provide optional services for family planning, as defined in s. 253.07 (1) (a), under medical assistance to any female between the ages of 15 and 44 whose family income does not exceed 200 percent of the poverty line for a family the size of the female's family, unless otherwise provided by the department by a policy created under sub. (2m) (c) 10. The department shall implement any waiver granted.

AB40-ASA1, s. 1441c Section 1441c. 49.45 (25g) (c) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,590,10 49.45 (25g) (c) The department's proposal under par. (b) shall specify increases in reimbursement rates for providers that satisfy the conditions under par. (b), and shall provide for payment of a monthly per-patient care coordination fee to those providers. The department shall set the increases in reimbursement rates and the monthly per-patient care coordination fee so that together they provide sufficient incentive for providers to satisfy a condition under par. (b) 1. or 2. The proposal shall specify effective dates for the increases in reimbursement rates and the monthly per-patient care coordination fee that are no sooner than January 1, 2011. The increases in reimbursement rates and monthly per-patient care coordination fees that are not provided by the federal government shall be paid from the appropriation under. s. 20.435 (1) (am). If the department creates a policy under sub. (2m) (c) 4., this paragraph does not apply to the extent it conflicts with the policy.

AB40-ASA1, s. 1441d Section 1441d. 49.45 (25g) (c) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read: