49.45(24s)(a)(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]. The department shall implement any waiver granted.
Effective date note
NOTE: Par. (a) was created by
2011 Wis. Act 32, s.
1441b, eff. 7-1-11 and amended by
2011 Wis Act 32, s.
1441bg, eff. 1-1-15. Although the language in brackets was removed from the creation of par. (a) in s. 1441b by the governor's partial veto, the amendment by s. 1441bg of par. (a) does not reflect the removal of that language.
49.45(24s)(b)
(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:
49.45(24s)(b)1.
1. As a condition of receiving services under
par. (a), parental notification for family planning services for any female under 18 years of age.
49.45(24s)(b)2.
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.
49.45(25)(a)(a) In this subsection, "severely emotionally disturbed child" means an individual under 21 years of age who has emotional and behavioral problems that:
49.45(25)(a)3.
3. Substantially interfere with the individual's functioning in his or her family, school or community and with his or her ability to cope with the ordinary demands of life; and
49.45(25)(a)4.
4. Cause the individual to need services from 2 or more agencies or organizations that provide social services or services or treatment for mental health, juvenile justice, child welfare, special education or health.
49.45(25)(am)
(am) Except as provided under
pars. (be),
(bg), and
(bj) and
sub. (24), case management services under
s. 49.46 (2) (b) 9. and
(bm) are reimbursable under Medical Assistance only if provided to a Medical Assistance beneficiary who receives case management services from or through a certified case management provider in a county, city, village, or town that elects, under
par. (b), to make the services available and who meets at least one of the following conditions:
49.45(25)(am)9.
9. Is a member of a family that has a child who is at risk of serious physical, mental or emotional dysfunction, as defined by the department.
49.45(25)(am)14.
14. Is a woman who is aged 45 to 64 and who is not a resident of a nursing home or otherwise receiving case management services under this paragraph.
49.45(25)(b)
(b) A county, city, village, town or, in a county having a population of 500,000 or more, the department may elect to make case management services under this subsection available in the county, city, village or town to one or more of the categories of beneficiaries under
par. (am) through the medical assistance program. A county, city, village, town or, in a county having a population of 500,000 or more, the department that elects to make the services available shall reimburse a case management provider for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government.
49.45(25)(be)
(be) A private nonprofit agency that is a certified case management provider may elect to provide case management services to medical assistance beneficiaries who have HIV infection, as defined in
s. 252.01 (2). The amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government shall be paid from the appropriation account under
s. 20.435 (1) (am).
49.45(25)(bg)
(bg) An independent living center, as defined in
s. 46.96 (1) (ah), that is a certified case management provider and satisfies the criteria in
s. 46.96 (3m) (a) 1. to
3. and
(am) may elect to provide case management services to one or more of the categories of medical assistance beneficiaries specified under
par. (am). The amount of allowable charges for the services under the medical assistance program that is not provided by the federal government shall be paid from nonfederal, public funds received by the independent living center from a county, city, village or town or from funds distributed as a grant under
s. 46.96.
49.45(25)(bj)
(bj) The department of corrections may elect to provide case management services under this subsection to persons who are under the supervision of that department under
s. 938.183,
938.34 (4h),
(4m), or
(4n), or
938.357 (4), who are Medical Assistance beneficiaries, and who meet one or more of the conditions specified in
par. (am). The amount of the allowable charges for those services under the Medical Assistance program that is not provided by the federal government shall be paid from the appropriation account under
s. 20.410 (3) (hm),
(ho), or
(hr).
49.45(25)(bm)
(bm) Case management services under this subsection may not be provided to a person under
par. (am) 7. unless any of the following is true:
49.45(25)(bm)1.
1. A team of mental health experts appointed by the case management provider determines that the person is a severely emotionally disturbed child. The team shall consist of at least 3 members. The case management provider shall appoint at least one member of the team who is a licensed psychologist or a physician specializing in psychiatry. The case management provider shall appoint at least 2 members of the team who are members of the professions of school psychologist, school social worker, registered nurse, social worker, child care worker, occupational therapist or teacher of emotionally disturbed children. The case management provider shall appoint as a member of the team at least one person who personally participated in a psychological evaluation of the child.
49.45(25)(bm)2.
2. Individuals who are designated by the coordinating committee have, or a service coordination agency has, determined under
s. 46.56 (8) (d) that the person is a child, as defined in
s. 46.56 (1) (bm), with emotional and behavioral disabilities.
49.45(25)(c)
(c) Except as provided in
pars. (b),
(be),
(bg), and
(bj), the department shall reimburse a provider of case management services under this subsection only for the amount of the allowable charges for those services under the Medical Assistance program that is provided by the federal government.
49.45(25g)(a)(a) In this subsection, "care coordination" includes coordination of outpatient medical care, specialty care, inpatient care, dental care, and mental health care and medical case management.
49.45(25g)(b)
(b) The department shall develop a proposal to increase medical assistance reimbursement to each provider that receives a grant under
s. 252.12 (2) (a) 8. and to which at least one of the following applies:
49.45(25g)(b)1.
1. The provider is recognized by the National Committee on Quality Assurance as a Patient-Centered Medical Home.
49.45(25g)(b)2.
2. The secretary determines that the provider performs well with respect to all of the following aspects of care:
49.45(25g)(b)2.a.
a. Adoption of written standards for patient access and patient communication.
49.45(25g)(b)2.b.
b. Use of data to show that standards for patient access and patient communication are satisfied.
49.45(25g)(b)2.c.
c. Use of paper or electronic charting tools to organize clinical information.
49.45(25g)(b)2.d.
d. Use of data to identify diagnoses and conditions among the provider's patients that have a lasting detrimental effect on health.
49.45(25g)(b)2.e.
e. Adoption and implementation of guidelines that are based on evidence for treatment and management of HIV-related conditions.
49.45(25g)(b)2.g.
g. Systematic tracking of patient test results and systematic identification of abnormal patient test results.
49.45(25g)(b)2.h.
h. Systematic tracking of referrals using a paper or electronic system.
49.45(25g)(b)2.i.
i. Measuring the quality of the performance of the provider and of individuals who perform services on behalf of the provider, including with respect to provision of clinical services, patient outcomes, and patient safety.
49.45(25g)(b)2.j.
j. Reporting to employees and contractors of the provider and to other persons on the quality of the performance of the provider and of individuals who perform services on behalf of the provider.
49.45(25g)(c)
(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.
49.45(25g)(d)
(d) The department shall, subject to approval by the U.S. department of health and human services of any required waiver of federal law relating to medical assistance and any required amendment to the state plan for medical assistance under
42 USC 1396a, implement the proposal under
par. (b) beginning January 1, 2011.
49.45(25g)(e)
(e) A provider may not seek medical assistance reimbursement under this subsection and
sub. (25) (be) for the same services.
49.45(26)
(26) Managed care system. The department shall study alternatives for a system to manage the usage of alcohol and other drug abuse services, including day treatment services, provided under the medical assistance program. On or before September 1, 1988, the department shall submit a plan for a medical assistance alcohol and other drug abuse managed care system to the joint committee on finance. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan within 14 working days after the date of the department's submittal, the department may implement the plan. If within 14 working days after the date of the department's submittal the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may not implement the plan until it is approved by the committee, as submitted or as modified. If a waiver from the secretary of the federal department of health and human services is necessary to implement the proposed plan, the department of health services may request the waiver, but it may not implement the waiver until it is authorized to implement the plan, as provided in this subsection.
49.45(27)
(27) Eligibility of aliens. A person who is not a U.S. citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law may not receive medical assistance benefits except as provided under
8 USC 1255a (h) (3) or
42 USC 1396b (v).
49.45(29)
(29) Hospice reimbursement. The department shall promulgate rules limiting aggregate payments made to a hospice under
ss. 49.46,
49.47, and
49.471.
49.45(29w)(a)(a) In providing mental health benefits under this subchapter, the department shall do all of the following:
49.45(29w)(a)1.
1. Allow a severely emotionally disturbed child, as defined in
sub. (25) (a), to access in-home therapy without having to show a failure to succeed in outpatient therapy.
49.45(29w)(a)2.
2. Allow qualifying families to participate in in-home therapy even if a child in that family is enrolled in a day treatment program.
49.45(29w)(b)1.a.
a. "Mental health service" means a service that is covered under one of the Medical Assistance mental health or substance abuse benefits under
s. 49.46 (2) of outpatient mental health, outpatient substance abuse, pharmacologic management, mental health day treatment, substance abuse day treatment, crisis intervention, service provided by a community support program or community based-psychosocial service program, community recovery services, psychotherapy and alcohol and other drug abuse services, child or adolescent day treatment services, or any other mental health or substance abuse benefit described in
s. 49.46 (2).
49.45(29w)(b)1.b.
b. "Telehealth" is a service provided from a remote location using a combination of interactive video, audio, and externally acquired images through a networking environment between an individual at an originating site and a provider at a remote location with the service being of sufficient audio and visual fidelity and clarity as to be functionally equivalent to face-to-face contact. "Telehealth" does not include telephone conversations or Internet-based communications between providers or between providers and individuals.
49.45(29w)(b)2.
2. Mental health services provided through telehealth are reimbursable by the Medical Assistance program under this subchapter if the provider of the service through telehealth satisfies all of the following criteria:
49.45(29w)(b)2.a.
a. The provider is a certified provider of mental health services under Medical Assistance in this state and is an agency that is certified by the department as an emergency mental health service program, a comprehensive community services program, a mental health day treatment services program for children, a program organized under
s. 46.23,
51.42, or
51.437, an outpatient psychotherapy clinic, or a community support program or that is certified by the department to perform a community substance abuse prevention and treatment service, except for narcotic treatment service for opiate addiction.
49.45(29w)(b)2.ag.
ag. The provider and the individual providing the service comply with all Medical Assistance coverage policies and standards established by the department, rules, and federal statutes and regulations for each particular mental health service provided.
49.45(29w)(b)2.b.
b. The individual who is providing the service is currently licensed, certified, or registered in his or her profession in this state and is in good standing with the applicable examining board in this state for that individual's profession.
49.45(29w)(b)2.c.
c. The provider is located in the United States. The provider is not required to be located in this state.
49.45(30)
(30) Services provided by community support programs. 49.45(30)(b)
(b) The department shall reimburse a provider of services under
s. 49.46 (2) (b) 6. L. only for the amount of the allowable charges for those services that is provided by the federal government.
49.45(30e)
(30e) Community-based psychosocial service programs. 49.45(30e)(a)(a)
When services are reimbursable. Services under
s. 49.46 (2) (b) 6. Lm. provided to an individual are reimbursable under the medical assistance program only if all of the following conditions are met:
49.45(30e)(a)1.
1. Reimbursement for the services under
s. 49.46 (2) (b) 6. Lm. in the manner provided under this subsection is permitted pursuant to federal law or pursuant to a waiver from the secretary of the federal department of health and human services.
49.45(30e)(a)2.
2. The county in which the individual resides elects to make the services under
s. 49.46 (2) (b) 6. Lm. available in the county through the medical assistance program.
49.45(30e)(a)3.
3. The individual's psychosocial health needs require more than outpatient counseling, but less than the services provided by a community support program under
s. 51.421.
49.45(30e)(a)4.
4. The psychosocial services are provided by a community-based psychosocial service program certified under rules promulgated by the department under
par. (b) 3.
49.45(30e)(b)
(b)
Rules. The department shall promulgate rules regarding all of the following:
49.45(30e)(b)3.
3. Requirements for certification of community-based psychosocial service programs.
49.45(30e)(b)4.
4. Any other conditions for coverage of community-based psychosocial services under the Medical Assistance Program.
49.45(30e)(c)
(c)
Provider reimbursement. A county that elects to make the services under
s. 49.46 (2) (b) 6. Lm. available shall reimburse a provider of the services for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government. The department shall reimburse the provider only for the amount of the allowable charges for those services under the medical assistance program that is provided by the federal government.
49.45 Cross-reference
Cross-reference: See also ch.
DHS 36, Wis. adm. code.
49.45(30e)(d)
(d)
Provision of services on regional basis. Notwithstanding
par. (c) and subject to
par. (e), in counties that elect to deliver the services under
s. 49.46 (2) (b) 6. Lm. through the Medical Assistance program on a regional basis according to criteria established by the department, the department shall reimburse a provider of the services for the amount of the allowable charges for those services under the Medical Assistance program that is provided by the federal government and for the amount of the allowable charges that is not provided by the federal government.
