Effect on small business
The emergency rule is not anticipated to have an effect on small business.
Agency contact person
Statement on quality of agency data
See “summary of factual data and analytical methodologies” section above.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
SECTION 1. DHS 102.03 is repealed.
SECTION 2. DHS 102.04 (3) is repealed.
SECTION 3. DHS 103.03 (intro.) is amended to read:
DHS 103.03 Non−financial conditions for eligibility. In order to be eligible for MA, a person shall meet both non−financial conditions for eligibility in this section and financial conditions for eligibility under s. DHS 103.04. Once determined eligible, a person shall continue to receive benefits until the person either requests the benefits to be ended, the person loses Wisconsin residency as defined in sub. (3), or the person becomes deceased. The non−financial conditions for eligibility are: SECTION 4. DHS 103.03 (1) (g) 1. and (1) (h) are repealed.
SECTION 5. DHS 103.08 (2) (c) 1. is amended to read:
DHS 103.08 (2) (c) 1. Once the expenditure or obligation of excess income has been achieved, the AFDC−related or SSI−related MA group shall be eligible for the balance of the 6–month spend–down period, unless it is determined that assets have increased enough to make the MA group ineligible, or that a change in circumstances has caused someone in the MA group to become ineligible for non−financial reasons remain eligible for MA.
SECTION 6. DHS 103.08 (2) (c) 2. is repealed.
SECTION 7. DHS 103.087 (1) (h) is repealed.
SECTION 8. DHS 103.09 (2) and (3) (a), (b) and (c) are amended to read:
DHS 103.09 (2) Four-month continuation of eligibility Continuation of eligibility when excess income from spousal support. When an MA group becomes ineligible for AFDC due solely to excess income, is receiving child support payments and all of the excess income consists of child support collections, and has received an AFDC payment in at least 3 of the 6 months immediately preceding the month in which ineligibility begins, eligibility for MA shall continue for 4 months from the date that AFDC eligibility was terminated. The 6 months preceding the month in which ineligibility begins includes the month in which the MA group became ineligible for AFDC if the MA group was eligible for and received AFDC for that month.
DHS 103.09 (3)Twelve-month continuation of eligibility Continuation of eligibility when earned income changes.
(a) When an MA group becomes ineligible for AFDC due to loss of the earned income disregards under s. 49.19 (5) (a) 4. and 4m., or (am), Stats., or to a change in the amount of earned income disregards under s. 49.19 (5) (a) 4. and 4m., or (am), Stats., eligibility for MA shall continue for 12 months from the date that AFDC eligibility was terminated. DHS 103.09 (3) (b) When an MA group becomes ineligible for AFDC due to an increase in earned income or an increase in hours of employment or a combination of increased earned income and increased hours of employment, eligibility for MA shall continue for 12 months from the date that AFDC eligibility was terminated provided that at least one member of the MA group received AFDC for at least 3 of the 6 months immediately preceding the month in which AFDC was discontinued and at least one member of the MA group is continuously employed during that period.
DHS 103.09 (3) (c) When an MA group becomes ineligible for AFDC due to an increase in earned income, or to a combination of an increase in earned income and in increase in child support payments, and has received an AFDC payment in at least 3 of the 6 months immediately preceding the month in which ineligibility begins, eligibility for MA shall continue for 12 months from the date that AFDC eligibility was terminated. The 6 months preceding the month in which ineligibility begins includes the month in which the MA group became ineligible for AFDC if the MA group was eligible for and received AFDC for that month.
SECTION 9. DHS 109.11 (6) is repealed.
SECTION 10. Effective dates. This emergency rule shall take effect upon publication in the official state newspaper, as provided in s. 227.24 (1) (c), Stats. Sections 1 to 6, 8, and 9 of this rule order shall remain in effect in effect until the end of the time period provided in ss. 227.24 (1) (c) and (2), Stats., or until the last day of month in which the emergency period, as defined in s. 1135 (g) (1) (b) of the Social Security Act, 42 U.S.C. § 1320b-5 (g) (1) (B), ends, whichever occur sooner. Section 7 of this rule order shall remain in effect until the end of the time period provided in ss. 227.24 (1) (c) and (2), Stats., unless the end of the emergency period defined in s. 1135 (g) (1) (b) of the Social Security Act, 42 U.S.C. § 1320b-5 (g) (1) (B), ends sooner. If the end of the emergency period occurs first, section 7 shall remain in effect until either the last day of the quarter in which the emergency period ends, or the last day of the calendar month following the month in which the emergency period ends, whichever occurs later. Wisconsin Department of Health Services
Dated: __________________________________
Andrea Palm, Secretary-designee
SEAL:
