2019 - 2020 LEGISLATURE
April 4, 2019 - Introduced by Senators Darling, Johnson, Carpenter, Nass,
Ringhand, Stroebel, Wirch, Cowles and L. Taylor, cosponsored by
Representatives Thiesfeldt, Stuck, Felzkowski, Anderson, Bowen,
Brostoff, Considine, Horlacher, Kolste, Kulp, Mursau, Novak, Ohnstad,
Plumer, Ramthun, Rohrkaste, Sargent, Skowronski, Spiros, Snyder,
Steffen, Subeck, C. Taylor, Tusler, Vining, Sinicki, Loudenbeck and
Murphy. Referred to Committee on Insurance, Financial Services,
Government Oversight and Courts.
1An Act to amend
146.89 (3) (a) and 146.89 (3) (d) 2.; and to create
146.89 (3g) 2
of the statutes; relating to: participation in the Volunteer Health Care
3Provider program by agencies serving homeless individuals.
Analysis by the Legislative Reference Bureau
This bill allows nonprofit agencies and their volunteer health care providers
that provide services to persons who are recipients of Medical Assistance to
participate in the Volunteer Health Care Provider program if the Medical Assistance
recipients served are primarily homeless individuals. Except for health care
providers credentialed in another state who have separate requirements and
liability exemptions under current law, volunteer health care providers providing
services under the program are currently agents of the state for certain purposes,
including the following: 1) representation by the attorney general in a civil action or
other matter brought before a court or administrative agency; 2) mandatory filing of
a notice of claim before bringing a civil claim against the agent; and 3) payment by
the state of a judgment of damages and costs against the agent when found to be
acting within the scope of employment. Currently, certain individuals may serve as
volunteer health care providers by providing services through a nonprofit agency or
for a school board or school governing body while receiving no income for the services.
To participate in the Volunteer Health Care Provider program, a health care
professional must submit a joint application with a nonprofit agency, school board,
or school governing body to the Department of Health Services for approval. A
volunteer health care provider providing services through a nonprofit agency must
provide services without charge except that certain dental services may be provided
to Medical Assistance recipients under the program.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
146.89 (3) (a) of the statutes is amended to read:
(a) The volunteer health care provider shall provide services under 3
par. (b) without charge, except as provided in sub. (3g) or
(3m), at the nonprofit 4
agency, if the joint application of the volunteer health care provider and the nonprofit 5
agency has received approval under sub. (2) (a).
146.89 (3) (d) 2. of the statutes is amended to read:
(d) 2. Except as provided in sub. (3g) or
(3m), Medical Assistance 8
under subch. IV of ch. 49.
146.89 (3g) of the statutes is created to read:
A nonprofit agency and volunteer health care providers providing 11
services at the nonprofit agency that provide services to persons who are recipients 12
of Medical Assistance may participate in the program under this section if the 13
Medical Assistance recipients served are primarily homeless individuals, as 14