2013 Wisconsin Act 20

49.453 (3) (a) (intro.) The period of ineligibility under this subsection begins on either of the following for an applicant for Medical Assistance:

20,1062 Section 1062. 49.453 (3) (ag) of the statutes is created to read:

49.453 (3) (ag) The period of ineligibility under this subsection for a transfer of assets made at the time the individual is receiving long-term care services through Medical Assistance begins on the first day of the month following the month in which the individual receives advance notice of the period of ineligibility.

20,1063 Section 1063. 49.453 (4c) (c) of the statutes is created to read:

49.453 (4c) (c) A promissory note in which the debtor is a presumptive heir of the lender or in which neither the lender nor debtor has any incentive to enforce repayment is considered cancelled upon the death of the lender for purposes of this section.

20,1064 Section 1064. 49.453 (8) (a) 1. of the statutes is amended to read:

49.453 (8) (a) 1. The assets are exempt under 42 USC 1396p (c) (2) (A), (B), or (C). To make a satisfactory showing to the state under 42 USC 1396p (c) (2) (C) and adjust the ineligibility period under sub. (3), the individual shall demonstrate that all of the assets transferred for less than fair market value, or cash equal to the value of the assets transferred for less than fair market, have been returned to him or her.

20,1065 Section 1065. 49.455 (5) (title) of the statutes is amended to read:

49.455 (5) (title) Rules for treatment of resources; ineligibility.

20,1066 Section 1066. 49.455 (5) (d) of the statutes is amended to read:

49.455 (5) (d) During a continuous period of institutionalization, after an institutionalized spouse is determined to be eligible for medical assistance, no resources of the community spouse are considered to be available to the institutionalized spouse, except that a transfer of those resources or other assets by the community spouse within the first 5 years of eligibility of the institutionalized spouse may result in a period of ineligibility under s. 49.453 (2) and (3) for the institutionalized spouse.

20,1067 Section 1067. 49.455 (5) (e) of the statutes is created to read:

49.455 (5) (e) The department may deny to the institutionalized spouse eligibility for Medical Assistance if, when requested by the department, the institutionalized spouse and the community spouse do not provide the total value of their assets and information on income and resources to the extent required under federal Medicaid law or sign the application for Medical Assistance.

20,1068 Section 1068. 49.455 (8) (d) of the statutes is renumbered 49.455 (8) (d) 1. and amended to read:

49.455 (8) (d) 1. If either spouse establishes at a fair hearing that the community spouse resource allowance determined under sub. (6) (b) 1. to 2. or 4. without a fair hearing does not generate enough income to raise the community spouse's income to the minimum monthly maintenance needs allowance under sub. (4) (c), the department shall establish, under subd. 2., an amount to be used under sub. (6) (b) 3. that results in a community spouse resource allowance that generates enough income to raise the community spouse's income to the minimum monthly maintenance needs allowance under sub. (4) (c).

3. Except in exceptional cases which would result in financial duress for the community spouse, the department may not establish an amount to be used under sub. (6) (b) 3. unless the institutionalized spouse makes available to the community spouse the maximum monthly income allowance permitted under sub. (4) (b) or, if the institutionalized spouse does not have sufficient income to make available to the community spouse the maximum monthly income allowance permitted under sub. (4) (b), unless the institutionalized spouse makes all of his or her income, except for an amount equal to the sum of the personal needs allowance under sub. (4) (a) 1. and any family allowances under sub. (4) (a) 3. paid by the institutionalized spouse and the amount incurred as expenses for medical or remedial care for the institutionalized spouse under sub. (4) (a) 4., available to the community spouse as a community spouse monthly income allowance under sub. (4) (b).

20,1069 Section 1069. 49.455 (8) (d) 2. of the statutes is created to read:

49.455 (8) (d) 2. The department shall base the amount to be used under sub. (6) (b) 3. on the cost of a single premium lifetime annuity that pays monthly amounts that, combined with other available income, raises the community spouse's income to the minimum monthly maintenance needs allowance. Any resource, regardless of whether the resource generates income, may be transferred in an amount that, combined with the community spouse resource allowance calculated before the fair hearing, provides the community spouse with sufficient funds to purchase the annuity. The community spouse is not required to purchase an annuity to obtain this amount.

20,1070 Section 1070. 49.46 (1) (a) 15. of the statutes is amended to read:

49.46 (1) (a) 15. Any individual who is infected with tuberculosis and meets the income and resource eligibility requirements for the federal Supplemental Security Income program under 42 USC 1381 to 1383d. For purposes of this subdivision, "income" has the meaning given for "family income" in s. 49.471 (1) (f).

20,1072 Section 1072. 49.46 (1) (c) (intro.) of the statutes is amended to read:

49.46 (1) (c) (intro.) Except as provided under par. (co) or (cr), a family that becomes ineligible for aid to families with dependent children under s. 49.19 because of increased income from employment or increased hours of employment or because of the expiration of the time during which the disregards under s. 49.19 (5) (a) 4. or 4m. or (am) apply shall receive medical assistance for:

20,1072b Section 1072b. 49.46 (1) (c) (intro.) and 1. (intro.) of the statutes, as affected by 2013 Wisconsin Act .... (this act), are consolidated, renumbered 49.46 (1) (c) (intro.) and amended to read:

49.46 (1) (c) (intro.) Except as provided under par. (co) or (cr), a family that becomes ineligible for aid to families with dependent children under s. 49.19 because of increased income from employment or increased hours of employment or because of the expiration of the time during which the disregards under s. 49.19 (5) (a) 4. or 4m. or (am) apply shall receive medical assistance for: 1. Six 4 calendar months, or, if required under federal law, up to 12 months, following the month in which the family a parent, caretaker, or dependent child of the family becomes ineligible for aid to families with dependent children if all of the following apply:

20,1072d Section 1072d. 49.46 (1) (c) 1. a. and b. of the statutes are renumbered 49.46 (1) (c) 1g. and 1r.

20,1072f Section 1072f. 49.46 (1) (c) 1. c. and 2. of the statutes are repealed.

20,1073 Section 1073. 49.46 (1) (cg) of the statutes is amended to read:

49.46 (1) (cg) Medical Except as provided under par. (cr), medical assistance shall be provided to a dependent child, a relative with whom the child is living or the spouse of the relative, if the spouse meets the requirements of s. 49.19 (1) (c) 2. a. or b., for 4 calendar months beginning with the month in which the child, relative or spouse is ineligible for aid to families with dependent children because of the collection or increased collection of maintenance or support, if the child, relative or spouse received aid to families with dependent children in 3 or more of the 6 months immediately preceding the month in which that ineligibility begins.

20,1073y Section 1073y. 49.46 (1) (co) of the statutes, as affected by 2013 Wisconsin Act .... (this act), is repealed.

20,1074 Section 1074. 49.46 (1) (co) 1. of the statutes is amended to read:

49.46 (1) (co) 1. Except as provided under subd. 2. or par. (cr), medical assistance shall be provided to a family for 12 consecutive calendar months following the month in which the family becomes ineligible for aid to families with dependent children because of increased income from employment, because the family no longer receives the earned income disregard under s. 49.19 (5) (a) 4. or 4m. or (am) due to the expiration of the time limit during which the disregards are applied or because of the application of the monthly employment time eligibility limitation under 45 CFR 233.100 (a) (1) (i).

20,1075 Section 1075. 49.46 (1) (co) 2. of the statutes is amended to read:

49.46 (1) (co) 2. If a waiver under subd. 3. is granted and except as provided in par. (cr), the department may select individuals to receive medical assistance benefits as provided under par. (c), rather than under subd. 1., as a control group for part or all of the period during which the waiver is in effect.

20,1076 Section 1076. 49.46 (1) (cr) of the statutes is created to read:

49.46 (1) (cr) To the extent approved by the federal department of health and human services, an individual or family described in par. (c), (cg), or (co) is not eligible for Medical Assistance if the federal department of health and human services approves a request from the department to deny all or some transitional Medical Assistance benefits to that individual or family, if approval is required. The department shall allow individuals who are receiving transitional Medical Assistance benefits on December 31, 2013, to continue to receive those benefits until their 12-month period ends, if required under federal law. If the federal department of health and human services approves the department's request to charge a premium to recipients of continued transitional Medical Assistance benefits, the department may charge a premium to any recipient of continued transitional Medical Assistance benefits whose income exceeds 100 percent of the poverty line.

20,1076b Section 1076b. 49.46 (1) (cr) of the statutes, as created by 2013 Wisconsin Act .... (this act), is amended to read:

49.46 (1) (cr) To the extent approved by the federal department of health and human services, an individual or family described in par. (c), or (cg), or (co) is not eligible for Medical Assistance if the federal department of health and human services approves a request from the department to deny all or some transitional Medical Assistance benefits to that individual or family, if approval is required. The department shall allow individuals who are receiving transitional Medical Assistance benefits on December 31, 2013, to continue to receive those benefits until their 12-month period ends, if required under federal law. If the federal department of health and human services approves the department's request to charge a premium to recipients of continued transitional Medical Assistance benefits, the department may charge a premium to any recipient of continued transitional Medical Assistance benefits whose income exceeds 100 percent of the poverty line.

20,1078 Section 1078. 49.46 (2) (b) 19. of the statutes is created to read:

49.46 (2) (b) 19. Subject to par. (br), services provided by early intervention teachers, home trainers, parent-to-parent mentors, and developmental specialists to children in the benchmark plan under par. (br).

20,1079 Section 1079. 49.46 (2) (b) 20. of the statutes is created to read:

49.46 (2) (b) 20. Subject to s. 49.45 (24j), any additional services, as determined by the department, that are targeted to a population enrolled in a medical home initiative under s. 49.45 (24j).

20,1080 Section 1080. 49.46 (2) (bc) of the statutes is created to read:

49.46 (2) (bc) Subject to s. 49.45 (24j), the department may provide any of the services described in par. (a) or (b) through a medical home initiative under s. 49.45 (24j).

20,1081 Section 1081. 49.46 (2) (br) of the statutes is created to read:

49.46 (2) (br) If the federal department of health and human services approves the department's request to offer a benchmark plan under this paragraph, the department may enroll any child who is receiving services through the early intervention program under s. 51.44 in a benchmark plan under this paragraph. The department may not require a child who is receiving services through the early intervention program under s. 51.44 to enroll in a benchmark plan offered under this paragraph. The department may not charge a copayment to a child who is enrolled in the benchmark plan under this paragraph for services described in par. (b) 19.

20,1085 Section 1085. 49.47 (4) (a) 1. of the statutes is amended to read:

49.47 (4) (a) 1. Under 21 years of age and resides in an intermediate care facility, skilled nursing facility, or inpatient psychiatric hospital. The department shall apply the definition of family income in s. 49.471 (1) (f) to make determinations of income under this subdivision.

20,1088 Section 1088. 49.47 (4) (b) 2w. of the statutes is amended to read:

49.47 (4) (b) 2w. For a person who is eligible under par. (a) 3. or 4., life insurance with cash surrender values if the total face value of all life insurance policies, including riders and other attachments, is not more than $1,500.

20,1089 Section 1089. 49.47 (4) (c) 1. of the statutes is amended to read:

49.47 (4) (c) 1. Except as provided in par. (am) and as limited by subd. 3., eligibility exists if income does not exceed 133 1/3% of the maximum aid to families with dependent children payment under s. 49.19 (11) for the applicant's family size or the combined benefit amount available under supplemental security income under 42 USC 1381 to 1383c and state supplemental aid under s. 49.77 whichever is higher lower. In this subdivision "income" includes earned or unearned income that would be included in determining eligibility for the individual or family under s. 49.19 or 49.77, or for the aged, blind or disabled under 42 USC 1381 to 1385. "Income" does not include earned or unearned income which would be excluded in determining eligibility for the individual or family under s. 49.19 or 49.77, or for the aged, blind or disabled individual under 42 USC 1381 to 1385.

20,1090 Section 1090. 49.47 (4) (c) 3. of the statutes is repealed.

20,1090f Section 1090f. 49.47 (4) (k) of the statutes is amended to read:

49.47 (4) (k) Notwithstanding par. (b) 3. and s. 445.125 (1) (a), no later than 60 days after July 1, 2011 2013, the department shall seek approval from the federal Centers for Medicare and Medicaid Services to permit friends and family members of any individual receiving medical assistance under this section to contribute funds to an irrevocable burial trust for the individual, up to a total irrevocable trust amount of $4,500, without the individual losing eligibility for medical assistance under this section. If the federal Centers for Medicare and Medicaid Services approves the request, the department shall implement the change under this section within 60 days after receiving approval.

20,1091 Section 1091. 49.471 (1) (cm) of the statutes is created to read:

49.471 (1) (cm) "Disabled" means, when referring to an adult, meeting the disability standard for eligibility for federal supplemental security income under 42 USC 1382c (a) (3).

20,1092 Section 1092. 49.471 (1) (f) of the statutes is amended to read:

49.471 (1) (f) "Family income" means the total gross earned and unearned income received by all members of a family has the meaning given for "household income" under 42 CFR 435.603 (d).

20,1093n Section 1093n. 49.471 (2) of the statutes is amended to read:

49.471 (2) Waiver and state plan amendments. The department shall request a waiver from, and submit amendments to the state Medical Assistance plan to, the secretary of the federal department of health and human services to implement BadgerCare Plus. If the state plan amendments are approved and a waiver that is substantially consistent with the provisions of this section, excluding sub. (2m), is granted and in effect, the department shall implement BadgerCare Plus beginning on January 1, 2008, the effective date of the state plan amendments, or the effective date of the waiver, whichever is latest. If the state plan amendments are approved but the terms of approval do not allow for federal funding of the cost of benefits for all or any part of one or more of the eligibility categories under sub. (4) (b), the department may at its discretion pay for the cost of benefits for all or any part of any group for which federal funding was denied exclusively with moneys from the appropriation under s. 20.435 (4) (b). If the state plan amendments are not approved or if a waiver that is substantially consistent with the provisions of this section, excluding sub. (2m), is not granted, BadgerCare Plus may not be implemented. If the state plan amendments are approved but approval is not continued or if a waiver that is substantially consistent with the provisions of this section, excluding sub. (2m), is granted but not continued in effect, BadgerCare Plus shall be discontinued.

20,1093q Section 1093q. 49.471 (3) (a) 1. of the statutes is amended to read:

49.471 (3) (a) 1. Notwithstanding ss. 49.46 (1), 49.465, 49.47 (4), and 49.665 (4), if the amendments to the state plan under sub. (2) are approved and a waiver under sub. (2) that is substantially consistent with the provisions of this section, excluding sub. (2m), is granted and in effect, an individual described in sub. (4) (a) or (b) or (5) is not eligible under s. 49.46, 49.465, 49.47, or 49.665 for Medical Assistance or BadgerCare health program benefits. The eligibility of an individual described in sub. (4) (a) or (b) or (5) for Medical Assistance benefits shall be determined under this section.

20,1093s Section 1093s. 49.471 (3) (a) 3. of the statutes is amended to read:

49.471 (3) (a) 3. Notwithstanding subd. 1., an individual described in sub. (4) (a) or (b) or (5) who is eligible for medical assistance under s. 49.46 (1) (a) 5., 6m., 14., 14m., or 15. or (d) or 49.47 (4) (a) or (as) may receive medical assistance benefits under this section or under s. 49.46 or 49.47.

20,1094 Section 1094. 49.471 (4) (a) (intro.) of the statutes is amended to read:

49.471 (4) (a) (intro.) Except as otherwise provided in this section, all of the following individuals are eligible for the benefits described in s. 49.46 (2) (a) and (b), subject to sub. (6) (k) and s. 49.45 (24j):

20,1096 Section 1096. 49.471 (4) (a) 4. a. of the statutes is amended to read:

49.471 (4) (a) 4. a. The individual is a parent or caretaker relative of a dependent child who is living in the home with the parent or caretaker relative or who is temporarily absent from the home for not more than 6 months or, if the dependent child has been removed from the home for more than 6 months, the parent or caretaker relative is working toward unifying the family by complying with a permanency plan under s. 48.38 or 938.38. For purposes of this subdivision, a "dependent child" means an individual who is under the age of 18 or an individual who is age 18 and a full-time student in secondary school or equivalent vocational or technical training if before attaining the age of 19 the individual is reasonably expected to complete the school or training.

20,1097 Section 1097. 49.471 (4) (a) 4. b. of the statutes is amended to read:

49.471 (4) (a) 4. b. Except as provided in subd. 4. c. sub. (4m), the individual's family income does not exceed 200 100 percent of the poverty line and does not include self-employment income before application of the 5 percent income disregard under 42 CFR 435.603 (d).

20,1098 Section 1098. 49.471 (4) (a) 4. c. of the statutes is repealed.

20,1099 Section 1099. 49.471 (4) (a) 5. of the statutes is amended to read:

49.471 (4) (a) 5. An individual who, regardless of family income, was born on or after January 1, 1990 1988, and who, on his or her 18th birthday, was in a foster care placement under the responsibility of a this state, or at the option of the department, under the responsibility of another state, and enrolled in Medical Assistance under this subchapter or a Medicaid program, as determined by the department. The coverage for an individual under this subdivision ends on the last day of the month in which the individual becomes 21 26 years of age, unless he or she otherwise loses eligibility sooner.

20,1100 Section 1100. 49.471 (4) (a) 7. of the statutes is amended to read:

49.471 (4) (a) 7. Individuals who qualify for a medical assistance eligibility extension under s. 49.46 (1) (c), (cg), or (co) when their income increases above the poverty line, except as provided in s. 49.46 (1) (cr).

20,1100b Section 1100b. 49.471 (4) (a) 7. of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

49.471 (4) (a) 7. Individuals who qualify for a medical assistance eligibility extension under s. 49.46 (1) (c), or (cg), or (co) when their income increases above the poverty line, except as provided in s. 49.46 (1) (cr).

20,1100v Section 1100v. 49.471 (4) (b) (intro.) of the statutes is repealed.

20,1101 Section 1101. 49.471 (4) (b) 1. of the statutes is renumbered 49.471 (4) (a) 1g.

20,1102 Section 1102. 49.471 (4) (b) 1m. of the statutes is renumbered 49.471 (4) (a) 1m.

20,1103 Section 1103. 49.471 (4) (b) 2. of the statutes is renumbered 49.471 (4) (a) 2m. and amended to read:

49.471 (4) (a) 2m. A child who is under one year of age, whose mother was determined to be eligible under subd. 1. 1g., and who lives with his or her mother in this state.

20,1104 Section 1104. 49.471 (4) (b) 3. of the statutes is renumbered 49.471 (4) (a) 3g.

20,1105 Section 1105. 49.471 (4) (b) 4. of the statutes is repealed.

20,1106 Section 1106. 49.471 (4) (c) of the statutes is repealed.

20,1107 Section 1107. 49.471 (4) (e) of the statutes is created to read:

49.471 (4) (e) If the department obtains approval from the federal department of health and human services to provide an alternate benchmark plan under sub. (11r), to the extent the federal department of health and human services approves, the department may enroll in the alternate benchmark plan under sub. (11r) any individual whose family income exceeds 100 percent of the poverty line, who is either an adult who is not pregnant or a child, and who applies and is otherwise eligible to receive benefits under this section, except that the department shall enroll a child who has a parent who is enrolled in a plan under this section in the same plan as his or her parent.

20,1107p Section 1107p. 49.471 (4m) of the statutes is created to read:

49.471 (4m) Income eligibility exceptions based on exchange operation. (a) 1. If, by October 15, 2013, the department has not received a certification of an American health benefit exchange, as described in 42 USC 18031, from the federal department of health and human services, if such certification is required under federal law, the department shall do all of the following for 90 days after December 31, 2013: