AB40-ASA1,595,2118
49.45
(52) (a) 2. The department may require a county department or local
19health department to submit a certified cost report that meets the requirements of
20the federal department of health and human services for covered services described
21in subd. 1.
AB40-ASA1,595,2423
49.45
(52) (b) If the department provides the notice under par. (c) selecting the
24payment procedure in this paragraph, all of the following apply:
AB40-ASA1,596,6
11. Annually, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437
2shall submit a certified cost report that meets the requirements of the federal
3department of health and human services for covered services under s. 49.46 (2) (a)
42. and 4. d. and f. and (b) 6. b., c., f., fm., g., j., k., L., Lm., and m., 9., 12., 12m., 13.,
515., and 16., except for services specified under s. 49.46 (2) (b) 6. b. and c. provided
6to children participating in the early intervention program under s. 51.44.
AB40-ASA1,596,107
2. For services described under subd. 1., the department shall base the amount
8of a claim for federal medical assistance funds on certified cost reports submitted by
9county departments under subd. 1. to the extent the reports comply with federal
10requirements.
AB40-ASA1,596,1311
3. The department shall pay county departments a percentage of the federal
12funds claimed under subd. 2. for services described under subd. 1., which percentage
13is established in the most recent biennial budget.
AB40-ASA1,596,1714
4. The department may pay a local health department, as defined in s. 250.01
15(4), that submits certified cost reports for services described under subd. 1. a
16percentage of the federal funds claimed for those services, which percentage is
17established in the most recent biennial budget.
AB40-ASA1,596,2319
49.45
(52) (c) The department shall select a payment procedure under either
20par. (a) or (b) and may change which procedure under par. (a) or (b) is selected. The
21department shall notify each county department and local health department, as
22applicable, of the selected payment procedure before the date on which payment for
23services is made under that selected or newly selected procedure.
AB40-ASA1,597,4
149.45
(53) Payments for certain services. Beginning on January 1, 2003, the
2department may, from the appropriation account under s. 20.435 (7) (b), make
3Medical Assistance payments to providers for covered services under ss. 49.46 (2) (a)
44. d. and (b) 6. j. and m. and 49.471 (11) (f)
that are provided before January 1, 2012.
AB40-ASA1,597,87
49.46
(1) (n) If the department creates a policy under s. 49.45 (2m) (c) 8., 9., or
810., this subsection does not apply to the extent that it conflicts with the policy.
AB40-ASA1, s. 1453f
9Section 1453f. 49.46 (1) (n) of the statutes, as created by 2011 Wisconsin Act
10.... (this act), is repealed.
AB40-ASA1,597,1613
49.46
(2) (a) (intro.) Except as provided in par. (be) and unless otherwise
14provided by the department by a policy created under s. 49.45 (2m) (c), the
15department shall audit and pay allowable charges to certified providers for medical
16assistance on behalf of recipients for the following federally mandated benefits:
AB40-ASA1, s. 1453i
17Section 1453i. 49.46 (2) (a) (intro.) of the statutes, as affected by 2011
18Wisconsin Act .... (this act), is amended to read:
AB40-ASA1,597,2219
49.46
(2) (a) (intro.) Except as provided in par. (be)
and unless otherwise
20provided by the department by a policy created under s. 49.45 (2m) (c), the
21department shall audit and pay allowable charges to certified providers for medical
22assistance on behalf of recipients for the following federally mandated benefits:
AB40-ASA1,598,4
149.46
(2) (b) (intro.) Except as provided in pars. (be) and (dc) and unless
2otherwise provided by the department by a policy created under s. 49.45 (2m) (c), the
3department shall audit and pay allowable charges to certified providers for medical
4assistance on behalf of recipients for the following services:
AB40-ASA1, s. 1453L
5Section 1453L. 49.46 (2) (b) (intro.) of the statutes, as affected by 2011
6Wisconsin Act .... (this act), is amended to read:
AB40-ASA1,598,107
49.46
(2) (b) (intro.) Except as provided in pars. (be) and (dc)
and unless
8otherwise provided by the department by a policy created under s. 49.45 (2m) (c), the
9department shall audit and pay allowable charges to certified providers for medical
10assistance on behalf of recipients for the following services:
AB40-ASA1,599,212
49.46
(2) (c) 2. For an individual who is entitled to coverage under
part Part 13A of
medicare Medicare, entitled to coverage under
part Part B of
medicare Medicare,
14meets the eligibility criteria under sub. (1)
, and meets the limitation on income under
15subd. 6.,
medical assistance Medical Assistance shall include payment of the
16deductible and coinsurance portions of
medicare Medicare services under
42 USC
171395 to
1395zz which that are not paid under
42 USC 1395 to
1395zz, including those
18medicare Medicare services that are not included in the approved state plan for
19services under
42 USC 1396; the monthly premiums payable under
42 USC 1395v;
20the monthly premiums, if applicable, under
42 USC 1395i-2 (d); and the late
21enrollment penalty, if applicable, for premiums under
part Part A of
medicare 22Medicare. Payment of coinsurance for a service under
part Part B of
medicare 23Medicare under
42 USC 1395j to
1395w, other than payment of coinsurance for
24outpatient hospital services, and payment of deductibles and coinsurance for
25inpatient hospital services under Part A of Medicare may not exceed the allowable
1charge for the service under
medical assistance Medical Assistance minus the
2medicare Medicare payment.
AB40-ASA1,599,154
49.46
(2) (c) 3. For an individual who is only entitled to coverage under
part 5Part A of
medicare Medicare, meets the eligibility criteria under sub. (1)
, and meets
6the limitation on income under subd. 6.,
medical assistance Medical Assistance shall
7include payment of the deductible and coinsurance portions of
medicare Medicare 8services under
42 USC 1395 to
1395i which that are not paid under
42 USC 1395 to
91395i, including those
medicare Medicare services that are not included in the
10approved state plan for services under
42 USC 1396; the monthly premiums, if
11applicable, under
42 USC 1395i-2 (d); and the late enrollment penalty, if applicable,
12for premiums under
part Part A of
medicare Medicare. Payment of deductibles and
13coinsurance for inpatient hospital services under Part A of Medicare may not exceed
14the allowable charge for the service under Medical Assistance minus the Medicare
15payment.
AB40-ASA1,600,517
49.46
(2) (c) 4. For an individual who is entitled to coverage under
part Part 18A of
medicare Medicare, entitled to coverage under
part Part B of
medicare Medicare, 19and meets the eligibility criteria for
medical assistance Medical Assistance under
20sub. (1), but does not meet the limitation on income under subd. 6.,
medical
21assistance Medical Assistance shall include payment of the deductible and
22coinsurance portions of
medicare Medicare services under
42 USC 1395 to
1395zz 23which that are not paid under
42 USC 1395 to
1395zz, including those
medicare 24Medicare services that are not included in the approved state plan for services under
2542 USC 1396. Payment of coinsurance for a service under
part Part B of
medicare
1Medicare under
42 USC 1395j to
1395w, other than payment of coinsurance for
2outpatient hospital services, and payment of deductibles and coinsurance for
3inpatient hospital services under Part A of Medicare may not exceed the allowable
4charge for the service under
medical assistance Medical Assistance minus the
5medicare Medicare payment.
AB40-ASA1,600,167
49.46
(2) (c) 5. For an individual who is only entitled to coverage under
part 8Part A of
medicare Medicare and meets the eligibility criteria for
medical assistance 9Medical Assistance under sub. (1), but does not meet the limitation on income under
10subd. 6.,
medical assistance Medical Assistance shall include payment of the
11deductible and coinsurance portions of
medicare Medicare services under
42 USC
121395 to
1395i which that are not paid under
42 USC 1395 to
1395i, including those
13medicare Medicare services that are not included in the approved state plan for
14services under
42 USC 1396.
Payment of deductibles and coinsurance for inpatient
15hospital services under Part A of Medicare may not exceed the allowable charge for
16the service under Medical Assistance minus the Medicare payment.
AB40-ASA1,601,218
49.46
(2) (c) 5m. For an individual who is only entitled to coverage under
part 19Part B of
medicare Medicare and meets the eligibility criteria under sub. (1), but does
20not meet the limitation on income under subd. 6.,
medical assistance Medical
21Assistance shall include payment of the deductible and coinsurance portions of
22medicare Medicare services under
42 USC 1395j to
1395w, including those
medicare 23Medicare services that are not included in the approved state plan for services under
2442 USC 1396. Payment of coinsurance for a service under
part Part B of
medicare,
25other than payment of coinsurance for outpatient hospital services,
Medicare may
1not exceed the allowable charge for the service under
medical assistance Medical
2Assistance minus the
medicare Medicare payment.
AB40-ASA1,601,105
49.465
(2) (intro.) Unless otherwise provided by the department by a policy
6created under s. 49.45 (2m) (c), a pregnant woman is eligible for medical assistance
7benefits, as provided under sub. (3), during the period beginning on the day on which
8a qualified provider determines, on the basis of preliminary information, that the
9woman's family income does not exceed the highest level for eligibility for benefits
10under s. 49.46 (1) or 49.47 (4) (am) or (c) 1. and ending as follows:
AB40-ASA1, s. 1453s
11Section 1453s. 49.465 (2) (intro.) of the statutes, as affected by 2011 Wisconsin
12Act .... (this act), is amended to read:
AB40-ASA1,601,1813
49.465
(2) (intro.)
Unless otherwise provided by the department by a policy
14created under s. 49.45 (2m) (c), a A pregnant woman is eligible for medical assistance
15benefits, as provided under sub. (3), during the period beginning on the day on which
16a qualified provider determines, on the basis of preliminary information, that the
17woman's family income does not exceed the highest level for eligibility for benefits
18under s. 49.46 (1) or 49.47 (4) (am) or (c) 1. and ending as follows:
AB40-ASA1,602,1120
49.468
(1) (b) For an elderly or disabled individual who is entitled to coverage
21under
part Part A of
medicare Medicare, entitled to coverage under
part Part B of
22medicare Medicare, and who does not meet the eligibility criteria for
medical
23assistance Medical Assistance under s. 49.46 (1), 49.465, 49.47 (4), or 49.471 but
24meets the limitations on income and resources under par. (d),
medical assistance 25Medical Assistance shall pay the deductible and coinsurance portions of
medicare
1Medicare services under
42 USC 1395 to
1395zz
which that are not paid under
42
2USC 1395 to
1395zz, including those
medicare Medicare services that are not
3included in the approved state plan for services under
42 USC 1396; the monthly
4premiums payable under
42 USC 1395v; the monthly premiums, if applicable, under
542 USC 1395i-2 (d); and the late enrollment penalty, if applicable, for premiums
6under
part Part A of
medicare Medicare. Payment of coinsurance for a service under
7part Part B of
medicare Medicare under
42 USC 1395j to
1395w, other than payment
8of coinsurance for outpatient hospital services, and payment of deductibles and
9coinsurance for inpatient hospital services under Part A of Medicare may not exceed
10the allowable charge for the service under
medical assistance Medical Assistance 11minus the
medicare Medicare payment.
AB40-ASA1,602,2513
49.468
(1) (c) For an elderly or disabled individual who is only entitled to
14coverage under
part Part A of
medicare Medicare and who does not meet the
15eligibility criteria for
medical assistance Medical Assistance under s. 49.46 (1),
1649.465, 49.47 (4), or 49.471 but meets the limitations on income and resources under
17par. (d),
medical assistance Medical Assistance shall pay the deductible and
18coinsurance portions of
medicare Medicare services under
42 USC 1395 to
1395i 19which that are not paid under
42 USC 1395 to
1395i, including those
medicare 20Medicare services that are not included in the approved state plan for services under
2142 USC 1396; the monthly premiums, if applicable, under
42 USC 1395i-2 (d); and
22the late enrollment penalty for premiums under
part
Part A of
medicare Medicare,
23if applicable.
Payment of deductibles and coinsurance for inpatient hospital services
24under Part A of Medicare may not exceed the allowable charge for the service under
25Medical Assistance minus the Medicare payment.
AB40-ASA1,603,63
49.47
(4) (a) (intro.) Unless otherwise provided by the department by a policy
4created under s. 49.45 (2m) (c), any individual who meets the limitations on income
5and resources under pars. (b) to (c) and who complies with pars. (cm) and (cr) shall
6be eligible for medical assistance under this section if such individual is:
AB40-ASA1, s. 1457q
7Section 1457q. 49.47 (4) (a) (intro.) of the statutes, as affected by 2011
8Wisconsin Act .... (this act), is amended to read:
AB40-ASA1,603,129
49.47
(4) (a) (intro.)
Unless otherwise provided by the department by a policy
10created under s. 49.45 (2m) (c), any Any individual who meets the limitations on
11income and resources under pars. (b) to (c) and who complies with pars. (cm) and (cr)
12shall be eligible for medical assistance under this section if such individual is:
AB40-ASA1,604,214
49.47
(4) (i) 1. The department shall request a waiver from the secretary of the
15federal department of health and human services to permit the application of subd.
162. The waiver shall request approval to implement the waiver on a statewide basis,
17unless the department of health services determines that statewide implementation
18of the waiver would present an obstacle to the approval of the waiver by the secretary
19of the federal department of health and human services, in which case the waiver
20shall request approval to implement the waiver in 48 pilot counties to be selected by
21the department of health services. Within 30 days after August 12, 1993, the
22department of
regulation and licensing safety and professional services shall notify
23funeral directors licensed under ch. 445, cemetery associations, as defined in s.
24157.061 (1r), and cemetery authorities, as defined in s. 157.061 (2), of the terms of
25the waiver required to be requested under this subdivision. If the waiver is approved
1by the secretary of the federal department of health and human services and if the
2waiver remains in effect, subd. 2. shall apply.
AB40-ASA1,604,124
49.47
(4) (k) Notwithstanding par. (b) 3. and s. 445.125 (1) (a), no later than 60
5days after the effective date of this paragraph .... [LRB inserts date], the department
6shall seek approval from the federal Centers for Medicare and Medicaid Services to
7permit friends and family members of any individual receiving medical assistance
8under this section to contribute funds to an irrevocable burial trust for the
9individual, up to a total irrevocable trust amount of $4,500, without the individual
10losing eligibility for medical assistance under this section. If the federal Centers for
11Medicare and Medicaid Services approves the request, the department shall
12implement the change under this section within 60 days after receiving approval.
AB40-ASA1,604,1615
49.47
(5) Investigation by department. (intro.) The department may make
16additional investigation of eligibility at any of the following times:
AB40-ASA1,604,2119
49.47
(5) (a) When there is reasonable ground for belief that an applicant may
20not be eligible or that the beneficiary may have received benefits to which the
21beneficiary is not entitled.
AB40-ASA1,605,324
49.47
(5) (c) Any time determined by the department by a policy created under
25s. 49.45 (2m) (c) to determine eligibility or to reevaluate continuing eligibility, except
1that if federal law allows a reevaluation of eligibility more frequently than every 12
2months and if there is no conflicting provision of state law, the department is not
3required to create a policy to reevaluate eligibility under this section.
AB40-ASA1, s. 1459j
4Section 1459j. 49.47 (5) (c) of the statutes, as created by 2011 Wisconsin Act
5.... (this act), is repealed.
AB40-ASA1,605,108
49.47
(6) (a) (intro.) Unless otherwise provided by the department by a policy
9created under s. 49.45 (2m) (c), the department shall audit and pay charges to
10certified providers for medical assistance on behalf of the following:
AB40-ASA1, s. 1459o
11Section 1459o. 49.47 (6) (a) (intro.) of the statutes, as affected by 2011
12Wisconsin Act .... (this act), is amended to read:
AB40-ASA1,605,1513
49.47
(6) (a) (intro.)
Unless otherwise provided by the department by a policy
14created under s. 49.45 (2m) (c), the The department shall audit and pay charges to
15certified providers for medical assistance on behalf of the following:
AB40-ASA1,606,617
49.47
(6) (a) 6. b. An individual who is entitled to coverage under
part Part A
18of
medicare Medicare, entitled to coverage under
part Part B of
medicare Medicare,
19meets the eligibility criteria under sub. (4) (a)
, and meets the income limitation, the
20deductible and coinsurance portions of
medicare Medicare services under
42 USC
211395 to
1395zz which that are not paid under
42 USC 1395 to
1395zz, including those
22medicare Medicare services that are not included in the approved state plan for
23services under
42 USC 1396; the monthly premiums payable under
42 USC 1395v;
24the monthly premiums, if applicable, under
42 USC 1395i-2 (d); and the late
25enrollment penalty, if applicable, for premiums under
part Part A of
medicare
1Medicare. Payment of coinsurance for a service under
part Part B of
medicare 2Medicare under
42 USC 1395j to
1395w, other than payment of coinsurance for
3outpatient hospital services, and payment of deductibles and coinsurance for
4inpatient hospital services under Part A of Medicare may not exceed the allowable
5charge for the service under
medical assistance Medical Assistance minus the
6medicare Medicare payment.
AB40-ASA1,606,188
49.47
(6) (a) 6. c. An individual who is only entitled to coverage under
part Part 9A of
medicare Medicare, meets the eligibility criteria under sub. (4) (a)
, and meets
10the income limitation, the deductible and coinsurance portions of
medicare Medicare 11services under
42 USC 1395 to
1395i which that are not paid under
42 USC 1395 to
121395i, including those
medicare Medicare services that are not included in the
13approved state plan for services under
42 USC 1396; the monthly premiums, if
14applicable, under
42 USC 1395i-2 (d); and the late enrollment penalty, if applicable,
15for premiums under
part Part A of
medicare Medicare. Payment of deductibles and
16coinsurance for inpatient hospital services under Part A of Medicare may not exceed
17the allowable charge for the service under Medical Assistance minus the Medicare
18payment.
AB40-ASA1,607,620
49.47
(6) (a) 6. d. An individual who is entitled to coverage under
part Part A
21of
medicare Medicare, entitled to coverage under
part Part B of
medicare Medicare, 22and meets the eligibility criteria for
medical assistance Medical Assistance under
23sub. (4) (a)
, but does not meet the income limitation, the deductible and coinsurance
24portions of
medicare Medicare services under
42 USC 1395 to
1395zz which that are
25not paid under
42 USC 1395 to
1395zz, including those
medicare Medicare services
1that are not included in the approved state plan for services under
42 USC 1396.
2Payment of coinsurance for a service under
part Part B of
medicare Medicare under
342 USC 1395j to
1395w, other than payment of coinsurance for outpatient hospital
4services, and payment of deductibles and coinsurance for inpatient hospital services
5under Part A of Medicare may not exceed the allowable charge for the service under
6medical assistance Medical Assistance minus the
medicare Medicare payment.
AB40-ASA1,607,158
49.47
(6) (a) 6. e. An individual who is only entitled to coverage under
part Part 9A of
medicare Medicare and meets the eligibility criteria for
medical assistance 10Medical Assistance under sub. (4) (a), but does not meet the income limitation, the
11deductible and coinsurance portions of
medicare Medicare services under
42 USC
121395 to
1395i, including those services that are not included in the approved state
13plan for services under
42 USC 1396.
Payment of deductibles and coinsurance for
14inpatient hospital services under Part A of Medicare may not exceed the allowable
15charge for the service under Medical Assistance minus the Medicare payment.
AB40-ASA1,608,217
49.47
(6) (a) 6. f. For an individual who is only entitled to coverage under
part 18Part B of
medicare Medicare and meets the eligibility criteria under sub. (4), but does
19not meet the income limitation,
medical assistance
Medical Assistance shall include
20payment of the deductible and coinsurance portions of
medicare Medicare services
21under
42 USC 1395j to
1395w, including those
medicare
Medicare services that are
22not included in the approved state plan for services under
42 USC 1396. Payment
23of coinsurance for a service under
part Part B of
medicare, other than payment of
24coinsurance for outpatient hospital services, Medicare may not exceed the allowable
1charge for the service under
medical assistance Medical Assistance minus the
2medicare Medicare payment.
AB40-ASA1,608,75
49.471
(13) Applicability. If the department creates a policy under s. 49.45
6(2m) (c), subs. (4), (5), (6), (7), (8), (10), and (11) do not apply to the extent that those
7subsections conflict with the policy.
AB40-ASA1, s. 1461h
8Section 1461h. 49.471 (13) of the statutes, as created by 2011 Wisconsin Act
9.... (this act), is repealed.
AB40-ASA1,608,1512
49.472
(3) Eligibility. (intro.) Except as provided in sub. (6) (a) and unless
13otherwise provided by the department by a policy created under s. 49.45 (2m) (c), an
14individual is eligible for and shall receive medical assistance under this section if all
15of the following conditions are met:
AB40-ASA1, s. 1461q
16Section 1461q. 49.472 (3) (intro.) of the statutes, as affected by 2011 Wisconsin
17Act .... (this act), is amended to read:
AB40-ASA1,608,2118
49.472
(3) Eligibility. (intro.) Except as provided in sub. (6) (a)
and unless
19otherwise provided by the department by a policy created under s. 49.45 (2m) (c), an
20individual is eligible for and shall receive medical assistance under this section if all
21of the following conditions are met:
AB40-ASA1,609,324
49.472
(4) (b) (intro.) The department may waive monthly premiums that are
25calculated to be below $10 per month. Unless otherwise provided by the department
1by a policy created under s. 49.45 (2m) (c), the department may not assess a monthly
2premium for any individual whose income level, after adding the individual's earned
3income and unearned income, is below 150% of the poverty line.
AB40-ASA1, s. 1462h
4Section 1462h. 49.472 (4) (b) (intro.) of the statutes, as affected by 2011
5Wisconsin Act .... (this act), is amended to read:
AB40-ASA1,609,106
49.472
(4) (b) (intro.) The department may waive monthly premiums that are
7calculated to be below $10 per month.
Unless otherwise provided by the department
8by a policy created under s. 49.45 (2m) (c), the The department may not assess a
9monthly premium for any individual whose income level, after adding the
10individual's earned income and unearned income, is below 150% of the poverty line.
AB40-ASA1,609,1712
49.472
(6) (a) Notwithstanding sub. (4) (a) 3., from the appropriation
account 13accounts under s. 20.435 (4) (b)
, (gm), or (w), the department shall, on the part of an
14individual who is eligible for medical assistance under sub. (3), pay premiums for or
15purchase individual coverage offered by the individual's employer if the department
16determines that paying the premiums for or purchasing the coverage will not be more
17costly than providing medical assistance.
AB40-ASA1,609,2219
49.472
(6) (b) If federal financial participation is available, from the
20appropriation
account accounts under s. 20.435 (4) (b)
, (gm), or (w), the department
21may pay medicare Part A and Part B premiums for individuals who are eligible for
22medicare and for medical assistance under sub. (3).
AB40-ASA1,610,5
149.473
(2) (intro.) Unless otherwise provided by the department by a policy
2created under s. 49.45 (2m) (c), a woman is eligible for medical assistance as provided
3under sub. (5) if, after applying to the department or a county department, the
4department or a county department determines that she meets all of the following
5requirements:
AB40-ASA1, s. 1465p
6Section 1465p. 49.473 (2) (intro.) of the statutes, as affected by 2011
7Wisconsin Act .... (this act), is amended to read:
AB40-ASA1,610,128
49.473
(2) (intro.)
Unless otherwise provided by the department by a policy
9created under s. 49.45 (2m) (c), a A woman is eligible for medical assistance as
10provided under sub. (5) if, after applying to the department or a county department,
11the department or a county department determines that she meets all of the
12following requirements: