SB400,102,188
946.91
(3) (b) Whoever offers or pays
any remuneration including any
9kickback, bribe, or rebate, directly
or
, indirectly, overtly
, or covertly,
in cash or in kind 10money, goods, services, or any other thing of value to any person to induce such
11person to refer an individual to a person for the furnishing or arranging for the
12furnishing of any item or service for which payment may be made in whole or in part
13under a
medical assistance Medical Assistance program, or to purchase, lease, order,
14or arrange for or recommend purchasing, leasing, or ordering any good, facility,
15service or item for which payment may be made in whole or in part under a
medical
16assistance Medical Assistance program, is guilty of a Class H felony, except that,
17notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be
18fined not more than $25,000.
SB400, s. 230
19Section
230. 49.49 (2) (c) (title) of the statutes is repealed.
SB400, s. 231
20Section
231. 49.49 (2) (c) of the statutes is renumbered 946.91 (3) (c) and
21amended to read:
SB400,102,2222
946.91
(3) (c) This subsection
shall
does not apply to
any of the following:
SB400,103,223
1. A discount or other reduction in price obtained by a provider of services or
24other entity under chs. 46 to 51 and 58 if the reduction in price is properly disclosed
1and appropriately reflected in the costs claimed or charges made by the provider or
2entity under a
medical assistance Medical Assistance program.
SB400,103,53
2.
Any An amount paid by an employer to an employee who has a bona fide
4employment relationship with such employer for employment in the provision of
5covered items or services.
SB400, s. 232
6Section
232. 49.49 (3) (title) of the statutes is repealed.
SB400, s. 233
7Section
233
. 49.49 (3) of the statutes is renumbered 946.91 (4) and amended
8to read:
SB400,103,179
946.91
(4) No person may Whoever knowingly and willfully
make makes or
10cause causes to be made, or
induce induces or
seek seeks to induce the making of, any
11false statement or representation of a material fact with respect to the conditions or
12operation of any institution or facility in order that such institution or facility may
13qualify either upon initial certification or upon recertification as a hospital, skilled
14nursing facility, intermediate care facility, or home health agency
. A person who
15violates this subsection is guilty of a Class H felony, except that, notwithstanding the
16maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than
17$25,000.
SB400, s. 234
18Section
234. 49.49 (3m) (title) of the statutes is repealed.
SB400, s. 235
19Section
235
. 49.49 (3m) (a) of the statutes is renumbered 946.91 (5), and
20946.91 (5) (intro.), (a) and (b), as renumbered, are amended to read:
SB400,104,221
946.91
(5) (intro.)
No provider may
Whoever knowingly
impose imposes upon
22a
Medical Assistance recipient charges in addition to payments received for services
23under ss. 49.45 to 49.471 or knowingly
impose imposes direct charges upon a
24recipient in lieu of obtaining payment under ss. 49.45 to 49.471
except under the
25following conditions is guilty of a Class H felony, except that, notwithstanding the
1maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than
2$25,000. This subsection does not apply to the following circumstances:
SB400,104,43
(a) Benefits or services are not provided under s. 49.46 (2) or 49.471 (11) and
4the
Medical Assistance recipient is advised of this fact prior to receiving the service.
SB400,104,145
(b)
If an An applicant is determined to be eligible retroactively under s. 49.46
6(1) (1g) (b), 49.47 (4) (d), or 49.471
and, a provider bills the applicant directly for
7services and benefits rendered during the retroactive period,
the provider shall the
8provider, upon notification of the applicant's retroactive eligibility,
submit claims 9submits a claim for payment under s. 49.45 for covered services or benefits rendered
10to the recipient during the retroactive period
. Upon receipt of payment under s.
1149.45, the provider shall reimburse, and the provider reimburses the recipient or
12other person who has made prior payment to the provider for services provided to the
13recipient during the retroactive eligibility period, by the amount of the prior payment
14made
upon receipt of payment under 49.45.
Note: Moves a provision requiring a recipient who is eligible retroactively for
medical assistance benefits to be reimbursed for any eligible payments made to a
provider.
SB400, s. 236
15Section
236. 49.49 (3m) (b) of the statutes is repealed.
SB400, s. 237
16Section
237. 49.49 (3p) (title) of the statutes is amended to read:
SB400,104,1717
49.49
(3p) (title)
Other prohibited provider charges.
SB400, s. 238
18Section
238. 49.49 (4) (title) of the statutes is repealed.
SB400, s. 239
19Section
239
. 49.49 (4) (a) and (b) of the statutes are consolidated, renumbered
20946.91 (6) and amended to read:
SB400,105,921
946.91
(6) No person Whoever, in connection with the
medical assistance 22Medical Assistance program when the cost of the services provided to the patient is
23paid for in whole or in part by the state,
may knowingly and willfully charge, solicit,
1accept or receive intentionally charges, solicits, accepts, or receives, in addition to
2any amount otherwise required to be paid under a
medical assistance Medical
3Assistance program, any gift, money, donation
, or other consideration, other than a
4charitable, religious
, or philanthropic contribution from an organization or from a
5person unrelated to the patient, as a precondition of admitting a patient to a hospital,
6skilled nursing facility
, or intermediate care facility, or as a requirement for the
7patient's continued stay in such a facility
. (b) A person who violates this subsection 8is guilty of a Class H felony, except that, notwithstanding the maximum fine specified
9in s. 939.50 (3) (h), the person may be fined not more than $25,000.
Note: Sections 227
, 229, 233
, 235, and 239 move criminal penalties relating to
medical assistance to s. 946.91. Also, see Section 461.
SB400, s. 240
10Section
240. 49.49 (7) (d) of the statutes is amended to read:
SB400,105,1811
49.49
(7) (d) A commission's imposition of an assessment described under par.
12(b), a member's payment of the assessment as described under par. (c), and
13acceptance of the payment by the commission do not constitute conduct prohibited
14under
sub. (4) 946.91 (6) or prohibited under s. DHS 106.04 (3), Wis. Adm. Code, in
15effect on May 26, 2010. It is the intent of the legislature to create a mechanism
16whereby 2 or more political subdivisions may share in the operation, use, and
17funding of a nursing home or intermediate care facility without violating
42 USC
181320a-7b (d) or
42 USC 1396a (a) (25) (C).
SB400, s. 241
19Section
241. 49.493 (1) (b) of the statutes is amended to read:
SB400,105,2120
49.493
(1) (b) "Medical benefits or assistance" means medical benefits under
21s.
49.02 49.803 or 253.05 or medical assistance.
SB400, s. 242
22Section
242. 49.496 (4) (a) of the statutes is amended to read:
SB400,106,15
149.496
(4) (a) The department may require a county department under s.
246.215, 46.22, or 46.23 or
the a tribal governing body
of a federally recognized
3American Indian tribe administering
medical assistance Medical Assistance to
4gather and provide the department with information needed to recover medical
5assistance under this section. Except as provided in par. (b), the department shall
6pay to a county department or tribal governing body an amount equal to 5% of the
7recovery collected by the department relating to a beneficiary for whom the county
8department or tribal governing body made the last determination of
medical
9assistance Medical Assistance eligibility. A county department or tribal governing
10body may use funds received under this paragraph only to pay costs incurred under
11this paragraph and, if any amount remains, to pay for improvements to functions
12required under s.
49.78 49.003 (2). The department may withhold payments under
13this paragraph for failure to comply with the department's requirements under this
14paragraph. The department shall treat payments made under this paragraph as
15costs of administration of the Medical Assistance program.
SB400, s. 243
16Section
243. Subchapter V (title) of chapter 49 [precedes 49.66] of the statutes
17is amended to read:
SB400,106,1818
CHAPTER 49
SB400,106,1919
SUBCHAPTER V
SB400,106,21
20health; OTHER SUPPORT AND MEDICAL
21block grants
SB400, s. 244
22Section
244. 49.685 (7) (a) 2. and 5. of the statutes are amended to read:
SB400,106,2523
49.685
(7) (a) 2. In determining income, only the income of the patient and
24persons responsible for the patient's support under s.
49.90 49.039 may be
25considered.
SB400,107,2
15. In determining net worth, only the net worth of the patient and persons
2responsible for the patient's support under s.
49.90
49.039 will be considered.
SB400, s. 245
3Section
245. 49.686 (1) (f) of the statutes is repealed.
Note: Repeals a definition for the term "residence", which is defined at the
beginning of the chapter, in s. 49.001 (6).
SB400, s. 246
4Section
246. 49.688 (1) (b) of the statutes is repealed.
Note: Repeals a definition for the term "poverty line", which is defined at the
beginning of the chapter, in s. 49.001 (5).
SB400, s. 247
5Section
247. 49.688 (9) (a) of the statutes is amended to read:
SB400,107,86
49.688
(9) (a) The department shall promulgate rules relating to prohibitions
7on fraud that are substantially similar to applicable provisions under s.
49.49 (1) (a) 8946.91 (2).
Note: Modifies the cross-reference for medical assistance offenses in the senior
care program statute.
SB400, s. 248
9Section
248. 49.77 (1) of the statutes is renumbered 49.77 (1) (intro.) and
10amended to read:
SB400,107,1111
49.77
(1) Definition
Definitions. (intro.) In this section
"secretary":
SB400,107,14
12(m) Notwithstanding s. 49.66 (2), "secretary" means the secretary of the U.S.
13department of health and human services or the secretary of any other federal
14agency subsequently charged with the administration of federal Title XVI.
SB400, s. 249
15Section
249. 49.77 (1) (b) of the statutes is created to read:
SB400,107,1616
49.77
(1) (b) "Essential person" has the meaning given in s. 49.46 (1c).
SB400, s. 250
17Section
250. 49.78 (title) of the statutes is renumbered 49.003 (title).
SB400, s. 251
18Section
251. 49.78 (1) (intro.) and (b) of the statutes are renumbered 49.003
19(1) (intro.) and (b).
SB400, s. 252
1Section
252. 49.78 (1) (br), (1m), (1r), (2) (b), (2m) and (2r) of the statutes, as
2created by
2011 Wisconsin Act 32, are renumbered 49.003 (1) (br), (1m), (1r), (2) (b),
3(2m) and (2r).
SB400, s. 253
4Section
253. 49.78 (1) (cr) of the statutes is repealed.
Note: Repeals a definition for the term "tribal governing body", which is created
in Section 70 of the bill.
SB400, s. 254
5Section
254. 49.78 (2) (title) and (a), (10) and (11) of the statutes, as affected
6by
2011 Wisconsin Act 32, are renumbered 49.003 (2) (title) and (a), (10) and (11).
SB400, s. 255
7Section
255. 49.78 (4) to (7) of the statutes are renumbered 49.003 (4) to (7).
SB400,108,2112
49.003
(8) (a) From the appropriations under s. 20.435 (4) (bn) and (nn) and
13subject to par. (b), the department shall provide funding to reimburse each
14multicounty consortium that contracts with the department under sub. (2) and each
15tribal governing body that contracts with the department under sub. (2m) for the
16costs of administering the income maintenance programs, including conducting
17fraud prevention activities, in accordance with the terms of the applicable contract.
18The amount of reimbursement calculated under this paragraph and par. (b) is in
19addition to any reimbursement provided to a county, multicounty consortium, or
20tribal governing body for fraud and error reduction under s.
49.019 or 49.197
or
2149.845.
SB400, s. 258
22Section
258. 49.785 (1) (intro.) of the statutes is amended to read:
SB400,109,8
149.785
(1) (intro.) Except as provided in sub. (1m) and subject to s.
49.825 249.009, if any recipient specified in sub. (1c) dies and the estate of the deceased
3recipient is insufficient to pay the funeral, burial, and cemetery expenses of the
4deceased recipient, the department or county or applicable tribal governing body or
5organization responsible for burial of the recipient shall pay, to the person
6designated by the department or county department under s. 46.215, 46.22, or 46.23
7or applicable tribal governing body or organization responsible for the burial of the
8recipient, all of the following:
SB400, s. 259
9Section
259. 49.79 (title) of the statutes is amended to read:
SB400,109,11
1049.79 (title)
Food stamp Supplemental nutrition assistance program
11administration.
SB400, s. 260
12Section
260. 49.79 (1) (intro.) of the statutes is amended to read:
SB400,109,1413
49.79
(1) Definitions. (intro.) In this section
and ss. 49.793, 49.796, and
1449.797:
SB400, s. 261
15Section
261. 49.79 (1) (c) of the statutes is renumbered 49.79 (1) (fg) and
16amended to read:
SB400,109,1917
49.79
(1) (fg) "
Food stamp Supplemental nutrition assistance program" means
18the federal
food stamp supplemental nutrition assistance program under
7 USC
192011 to
2036.
SB400,109,2322
49.79
(1) (e) "Multicounty consortium" has the meaning given in s.
49.78 49.003 23(1) (br).
SB400, s. 263
24Section
263. 49.79 (2), (5) (a), (6), (7), (8m) (a) and (b) and (9) (a) 2., 3. and 4.
25of the statutes are amended to read:
SB400,110,4
149.79
(2) Denial of eligibility. An individual who fails to comply with the work
2requirements of the employment and training program under sub. (9) is ineligible to
3participate in the
food stamp supplemental nutrition assistance program as
4specified under sub. (9) (b).
SB400,110,20
5(5) (a) The department shall require an applicant for, or recipient under, the
6food stamp supplemental nutrition assistance program to state in writing whether
7the applicant or recipient or any member of the applicant's or recipient's household
8has been convicted, in any state or federal court of a felony that has as an element
9possession, use
, or distribution of a controlled substance. The department shall
10require an applicant or recipient, or member of the applicant's or recipient's
11household to submit to a test for use of a controlled substance as a condition of
12continued eligibility if, after August 22, 1996, but not more than 5 years prior to the
13date the written statement is made, the applicant or recipient or the member of the
14applicant's or recipient's household was convicted in any state or federal court of a
15felony that had as an element possession, use
, or distribution of a controlled
16substance. If the test results are positive with respect to any individual, the
17department may not consider the needs of that individual in determining the
18household's eligibility for the
food stamp supplemental nutrition assistance program
19for at least 12 months from the date of the test. The department shall, however,
20consider the income and resources of that individual to be available to the household.
SB400,110,24
21(6) Ineligibility for fugitive felons. No person is eligible for the
food stamp
22supplemental nutrition assistance program in a month in which that person is a
23fugitive felon under
7 USC 2015 (k) (1) or is violating a condition of probation,
24extended supervision
, or parole imposed by a state or federal court.
SB400,111,8
1(7) Simplified food stamp supplemental nutrition assistance program. The
2department shall develop a simplified
food stamp
supplemental nutrition assistance 3program that meets all of the requirements under
P.L. 104-193, section 854 42 USC
42035, and shall submit the plan to the secretary of the federal department of
5agriculture for approval. If the secretary of the federal department of agriculture
6approves the plan, the department shall submit the plan to the secretary of
7administration for approval. If the secretary of administration approves the plan,
8the department may implement the plan.
SB400,111,12
9(8m) (a) The department shall allow a prisoner who is applying for the
food
10stamp supplemental nutrition assistance program from a correctional institution in
11anticipation of being released from the institution to use the address of the
12correctional institution as his or her address on the application.
SB400,111,1713
(b) The department shall allow an employee of a correctional institution who
14has been authorized by a prisoner of the institution to act on his or her behalf in
15matters related to the
food stamp supplemental nutrition assistance program to
16receive and conduct telephone calls on behalf of the prisoner in matters related to the
17food stamp supplemental nutrition assistance program.
SB400,111,21
18(9) (a) 2. The department may not require an individual who is a recipient
19under the
food stamp supplemental nutrition assistance program and who is the
20caretaker of a child under the age of 12 weeks to participate in any employment and
21training program under this subsection.
SB400,112,222
3. The department may not require an individual who is a recipient under the
23food stamp supplemental nutrition assistance program to participate in any
24employment and training program under this subsection if that individual is
1enrolled at least half time in a school, as defined in s.
49.26 49.198 (1) (a) 2., a training
2program, or an institution of higher education.
SB400,112,63
4. The amount of
food stamp supplemental nutrition assistance program 4benefits paid to a recipient who is a participant in a Wisconsin
works Works 5employment position under s. 49.147 (4) or (5) shall be calculated based on the
6pre-sanction benefit amount received s. 49.148.
SB400, s. 264
7Section
264. 49.79 (3) (title) of the statutes is amended to read:
SB400,112,88
49.79
(3) (title)
Liability for lost food coupons misappropriated benefits
.
SB400,112,1511
49.79
(3) (a) A county, multicounty consortium, or
federally recognized
12American Indian tribe tribal governing body is liable for all
food stamp coupons lost, 13supplemental nutrition assistance program benefits misappropriated
, or destroyed 14while under the county's, consortium's, or tribe's direct control
, except as provided
15in par. (b).
SB400,112,2116
(c) A county, multicounty consortium, or
federally recognized American Indian
17tribe tribal governing body is liable for
food stamp coupons mailed supplemental
18nutrition assistance program benefits incorrectly transferred to residents of the
19county or counties that are in the multicounty consortium or members of the tribe
20and lost in the mail due to incorrect information submitted to the department by the
21county or tribe.
Note: Strikes language no longer applicable under the system of electronic benefit
transfers.
SB400,113,5
22(4) Deductions from county income maintenance payments. The department
23shall withhold the value of
food stamp supplemental nutrition assistance program
1benefits losses for which a county, multicounty consortium, or
federally recognized
2American Indian tribe tribal governing body is liable under sub. (3) from the
3payment to the county, multicounty consortium, or tribe under income maintenance
4contracts under s.
49.78 49.003 and reimburse the federal government from the
5funds withheld.
SB400,113,9
6(8) Benefits for qualified aliens. The department shall not provide benefits
7under this section to a qualified alien, except to the extent that federal
food stamp 8supplemental nutrition assistance program benefits for qualified aliens are required
9by the federal government.
SB400,113,20
10(9) (a) 1. The department shall administer an employment and training
11program for recipients under the
food stamp supplemental nutrition assistance 12program and may contract with county departments under ss. 46.215, 46.22, and
1346.23, multicounty consortia, and with tribal governing bodies to carry out the
14administrative functions. The department may contract, or a county department,
15multicounty consortium, or tribal governing body may subcontract, with a Wisconsin
16Works agency or another provider to administer the employment and training
17program under this subsection. Except as provided in subds. 2. and 3., the
18department may require able individuals who are 18 to 60 years of age who are not
19participants in a Wisconsin Works employment position to participate in the
20employment and training program under this subsection.
Note: Eliminates language no longer applicable under the system of electronic
benefit transfers.
SB400, s. 267
23Section
267. 49.793 (title) of the statutes is amended to read: